shire of ashburton policy manual...shire of ashburton policy manual 4 1. administration adm03 flying...

0 Last update: 18 December 2018

Shire of Ashburton Policy Manual 2018

Shire of Ashburton Policy Manual

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Contents 1. ADMINISTRATION ........................................................................................................... 4

ADM03 Flying of Flags - Council Buildings .................................................................. 4

ADM06 Use of Shire of Ashburton Logo and Crest ..................................................... 5

ADM07 Communications & Social Media Policy .......................................................... 8

ADM08 Community Engagement Policy ..................................................................... 11

ADM09 Complaints Management Policy ..................................................................... 14

ADM11 Memorials on Council Controlled Land ......................................................... 18

2. CORPORATE .............................................................................................................. 21

CORP5 Risk Management Policy ................................................................................ 21

3. ELECTED MEMBERS ................................................................................................. 24

ELM01 Council and Other Meetings .......................................................................... 24

ELM02 Official Photographs ...................................................................................... 25

ELM03 Recognition of Retiring Councillors .............................................................. 26

ELM04 Code of Conduct ............................................................................................ 27

ELM05 Councillor Training/Conference Attendance ................................................ 37

ELM06 Councillor Accommodation, Travel and Incidental Expenses Whilst on

Council Business .......................................................................................................... 40

ELM07 Conduct of Public Question Time ................................................................. 44

ELM08 Order of Business- Ordinary Council Meetings ........................................... 46

ELM09 Elected Member Information Forums............................................................ 48

ELM10 Financial Sustainability Policy ...................................................................... 50

ELM13 Affixing of the Shire of Ashburton Common Seal ........................................ 54

ELM14 Governance and Policy Manual ..................................................................... 56

ELM15 Elected Member Business Wear.................................................................... 80

ELM16 Elected Members Record Keeping Policy .................................................... 81

ELM17 Anonymous Communications Policy ............................................................ 85

ELM18 Community Projects Letters of Support ....................................................... 87

ELM19 Recognition of Aboriginal Cultural and History ........................................... 89

ELM20 History Collection Policy ............................................................................... 92

ELM21 Tree Management Overview Policy ............................................................... 95

ELM22 Elected Member Event Notification Policy ................................................... 97

ELM23 Notice of Motion Procedural Policy .............................................................. 99

ELM24 Appointment of an Acting Chief Executive Officer .................................... 100

ELM25 Use of the EMACCESS email portal and Councillor Discussion Board . 101

ELM26 CEO Performance Review............................................................................ 103

ELM27 Legal Proceedings ....................................................................................... 105


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4. EMPLOYEES .......................................................................... 108

EMP02 Prohibited Areas- Wittenoom and Yampire ................................................ 108

EMP11 Senior Employees ......................................................................................... 111

EMP16 Grievance Investigation and Resolution ...................................................... 112

EMP17 Occupational Health & Safety ....................................................................... 116

EMP24 Corporate Credit Card ................................................................................... 118

EMP25 Fitness for Work ............................................................................................ 120

EMP35 Gratuity .......................................................................................................... 129

EMP37 Salary Sacrifice .............................................................................................. 132

5. ENGINEERING .......................................................................................................... 137

ENG01 Street Lawns and Gardens .......................................................................... 137

ENG06 Temporary Road Closures ........................................................................... 140

ENG08 Bush Fire Policy ........................................................................................... 142

ENG09 Asset Management Policy ........................................................................... 164

ENG10 Guidelines for Urban Development ............................................................. 171

ENG13 Road Management Policy ............................................................................ 172

6. FINANCE ................................................................................................................... 176

FIN05 Trading in Public Places - Fees and Charges ............................................. 176

FIN06 Significant Accounting Policy ..................................................................... 184

FIN07 Investment Policy ......................................................................................... 196

FIN09 Authorised Signatures for Cheque/Electronic Funds Transfer (EFT)

Payments ..................................................................................................................... 199

FIN10 Wittenoom Townsite, Wittenoom Gorge and Yampire -Gorge Rates and

Services ....................................................................................................................... 200

FIN12 Purchasing Policy ........................................................................................ 203

FIN13 Debtors Management – General .................................................................. 215

FIN15 Rates Debt Recovery Policy ........................................................................ 218

FIN20 Related Party Disclosures ........................................................................... 222

FIN21 Rating ............................................................................................................ 225

FIN23 Disposal of Property (other than land)......................................................... 233

7. HEALTH .................................................................................................................... 235

HTH02 Aboriginal Environmental Health ................................................................ 235

8. LOCAL PLANNING ................................................................................................... 239

9. RECREATION ........................................................................................................... 240

REC01 Consumption of Alcohol on Shire of Ashburton owned and managed

properties. .................................................................................................................... 240

REC05 Community Leases and License Agreements of Shire Assets (Facilities,

Buildings and Land) .................................................................................................... 242


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REC06 Vandalism - Reward for Conviction .......................... 250

REC07 Tourism policy for the Shire of Ashburton ................................................. 251

REC08 Community Donations, Grants and Funding .............................................. 253

REC09 Australia Day WA Community Citizen of the Year ..................................... 259

DOC Version Control Register .............................................................................. 261


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1. ADMINISTRATION

ADM03 Flying of Flags - Council Buildings

Aim To highlight the appropriate significance of the various flags, for the district and to guide Council staff on how to fly the Australian and other flags.

Application Elected Members Council Employees Community Members

Statutory Environment

Flags Act 1953, Flags Amendment Act 1998

Principles Community Strategic Plan 2017-2027 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, Caring and Engaged Communities

Approval Date OMC 16 December 2016

Monitor and Review Corporate Services

Last Review 2016

Next Review 2020

Review Period 4 years

The Australian National Flag is to be flown at all Shire administration buildings during normal

working hours on normal working days, subject only to the rules for national commemoration

and half-mast for mourning.

The Shire President and/or Chief Executive Office may determine that flags may be flown on

any of the Shire’s identified flag poles on special occasions; also, may determine at what

times the Australian National flag or another flag will be flown at half-mast on the occasion of

the death of a local citizen.

A detailed ADM03 Flying of Flags Procedure has been developed to accompany this Policy.

REFERENCE:

Booklet Australian flags – Part 2: The protocols for the appropriate use and the flying of the

flag.


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ADM06 Use of Shire of Ashburton Logo and Crest

Aim To establish guidelines for the use of the Shire of Ashburton logos

Application Elected Members and Employees


N/A

Principles Strategic Community Plan 2017 Goal 05 Inspiring Governance Objective 04 Exemplary Team and Work Environment

Approval Date OMC 20 November 2018

Monitor and Review Office of the CEO

Last Review 2018

Next Review 2022


Overview

The Shire of Ashburton has two logos:

1. Traditional Crest Logo; and 2. Reef to Range Logo

No other logos are approved to be used.

Use of Logos & Crest by Shire

The Council wishes to highlight a distinction between the role of the Council and the

Organisation through the use of the official crest of the Shire of Ashburton (for Council and

Councillor Functions) and the use of the promotional logo (for Operational activities).

Below is a table that clarifies the different uses.

COUNCIL OPERATIONAL

Use of Crest Use of Reef to Range

President/Councillor correspondence (Letterhead and E-signatures, With Compliments slips)

Staff Business Cards, Letterhead, With Compliments slips, E-signatures, Invoices

Council Policies

Operational Directives

Rates notices Vehicles/Plant

Councillor Name Badges, Business Cards and Uniforms.

Employee Uniforms and Name Badges


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Entry doors to offices (as applicable eg, Council Chambers)

Entry doors to offices (as applicable) e.g., Administration Centre/Offices

Council Plaques and Gifts Community Communications – Newsletter

Website Website

Banners (Council related)

Promotional materials e.g. Schools, Giveaways

Shire Street Signage Banners (marketing/organisational)

Use of both logos in certain areas is accepted i.e. Website, Promotional materials.

Use of Logos by External Groups

Where an external group requests permission to use the logos on printed and other

materials, the following conditions will apply:

1. All applications to use the Shire of Ashburton logos must be made in writing to the Chief Executive Officer (CEO) and include details of the purpose, form and extent of the proposed use and the reason for such use. Although permission to use the logos in the first instance is to be referred to the CEO, he/she may delegate this assessment to another employee. The artwork for the promotional material must be supplied for assessment against this policy.

2. Approval may be granted providing the group: a. Is based in the area and provides a service to the Shire of Ashburton

residents; and b. Has a direct relationship with the Shire, either through funding or operational

arrangements.

3. Eligible groups will be advised in writing that approval has been granted to use the logo, which must be in accordance with the Shire of Ashburton’s corporate standards.

4. Ineligible groups will be advised in writing that approval has not been granted to use the logo and provided with an explanation under the guidelines of this policy.

5. No fees will be charged for the use of the Shire of Ashburton’s logos but eligible groups will be responsible for any costs associated with artwork, design and production.

6. The Shire of Ashburton may exercise its right to withdraw any authorisation at any time if the approved user is deemed to be not complying with the conditions as set out in this policy or any approval.

Any unauthorised use of any Shire of Ashburton logos is a breach of copyright

and any application that is not consistent with this policy is to be approved by the

Shire of Ashburton Council.

Local Government Elections

The Shire of Ashburton logos are not to be used for any purpose during a Local

Government Election that seeks to promote an individual candidate over another


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candidate. This inappropriate use includes candidate based

promotional ballot papers, fliers, advertising, posters, letters or any other form of

electoral material. A breach of this section will be considered to be a serious breach by

the Shire of Ashburton.

**Added to procedures**

Implementation

This policy will be implemented by the Shire of Ashburton Chief Executive Officer.


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ADM07 Communications & Social Media Policy

Aim To provide a professional, consistent and cohesive approach to addressing media related issues within the Shire of Ashburton.



Local Government Act: Sections 5.41 (f); 2.8; 2.10

Principles Strategic Community Plan 2017 - 2027 Goal 05 - Inspiring Governance Objective 02 - Community Ownership



Last Review 2018

Next Review 2020


A clearly defined Communications Policy will enhance the Shire of Ashburton’s corporate

image and ensure a proactive and positive approach in dealing with the local communities and

the wider public.

The media includes all traditional forms of media and extends to dealings with journalists from

newspapers, magazines, TV, radio and online digital media sites.

This Policy aims to:

1. Ensure that relevant Shire issues of interest to the public are communicated clearly and the Shire’s corporate integrity is upheld.

2. Maintain consistency and control over media releases, responses and statements - written or verbal - and other media-related material (such as the Inside Ashburton newsletter).

3. Ensure that a Communications Plan, which includes a proactive media component, is prepared for major projects/issues.

4. Address the use of Social Media.

GUIDELINES

All public statements on behalf of the Shire can only be issued by the Shire President or, if the

President permits, the Chief Executive Officer (CEO). This is addressed under Section 5.41(f)

of the Local Government Act, 1995.

The Shire President or CEO may refer an issue to another officer where appropriate.

The Shire President, CEO or authorised person should express the will of the Council and

should not in any way present views which are, or could be interpreted as being, inconsistent

with the formal decisions or will of the Council.


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Councillors are not permitted to speak on behalf of the Council to the

media unless appropriate approval has been granted by the Shire President or CEO.

No employee can speak on behalf of the Shire to journalists in the media or social media

outlets, without prior authorisation by the CEO.

Statements which are made to the media by Councillors are to be identified as their opinion

only and do not reflect the position of Council or the Shire.

All staff and Councillors should be aware of the public perception that may be generated from

their own personal use of social media or other communication channels, and consider any

association or assumption that may be connected to their role within the Shire

MEDIA RELEASES AND STATEMENTS

All day to day media will be handled by Media & Communications.

All enquiries from the media for an official comment, whether made to a Councillor or staff

member, must be directed to the CEO or Media department. Information will then be

coordinated with the Shire President and CEO to make an official response in line with the

Shire’s position.

Media releases and statements will not be distributed to the media until they have been

approved by either the Shire President or CEO.

LIVE INTERVIEWS

Unless otherwise approved by the Shire President or CEO, live on-air/on-screen interviews

should be undertaken by the Shire President or CEO.

ISSUES AWARENESS

Councillors and staff who become aware of issues or potential issues that could damage the

image or reputation of the Shire, should contact the Shire President/CEO (as appropriate)

immediately, as providing information in advance will help the Shire President /or CEO prepare

for communication with the media if and when an issue arises – or to communicate in a pro-

active way about a relevant issue affecting members of the wider community.

SOCIAL MEDIA

Social media is the online communication channels which enables community interaction,

content-sharing and collaboration. Examples include sites such as Twitter, Facebook,

YouTube, LinkedIn, Reddit, Tumblr and Pinterest.

The Shire recognises that social media can provide significant opportunities to engage with

the community, reaching wider audiences, and in particular, remote areas that are not easily

reached by other means.

Only the President, CEO and designated staff registered as the Social Media Administrators

by the CEO can upload content and respond on behalf of the Shire of Ashburton.

Content will be uploaded to the Shire of Ashburton Facebook page only, and staff are not

permitted to upload directly on behalf of the Shire to any other social media sites. Posts can

be shared from the Shire of Ashburton Facebook onto other Social Media sites.

It is the responsibility of the Social Media Administrator to ensure all posts are without spelling

errors, grammatically correct, non-offensive and have no potential political risk. If in doubt,

consultation with the CEO is required.


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Social Administrators must also be aware of, and assess the considerations required, under

the Shire’s various partnership agreements. If in doubt, consultation with Media or the relevant

partnership manager is required.

Unless you are an approved Authorised Officer, no staff member may comment in the social

media environment on behalf of the Shire, even if you know the answer to a query. This

includes implying that you are authorised as a spokesperson of the Shire, or give the

impression that the views you express are those of the Shire.

The Shire recognises that Staff and Councillors may wish to use social media in their personal

life however are reminded to adhere to ELM04 the Code of Conduct.

Employees have a duty of confidentiality and are expected to act in the best interests of the

Shire. These obligations extend to any comments made on online forums or social media

sites, including outside normal work hours.


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ADM08 Community Engagement Policy

Aim To ensure awareness of the Shires principles toward community engagement

Application Elected Members Employees Community Members


Local Government Act (1995) Section 5.56, Planning for the Future

Principles Strategic Community Plan 2017 - 2027 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, caring and engaged communities



Last Review 2017

Next Review 2021


Objective

This policy is to set a framework for all community engagement activities conducted

by the Shire of Ashburton.

Our Vision ‘We will embrace our unique Pilbara environment and lifestyle through the development of vibrant, connected and active communities that have access to quality services, exceptional amenities and economic vitality’.

Policy Statement

The Shire of Ashburton Council recognizes that community engagement and the

opportunity for communities to participate in planning for the future are vital in

ensuring we meet our Strategic Objective 01 “Connected, caring and engaged

communities”.

Community engagement is not only good business practice but also important to

good government. For this reason the Council is committed to engaging with the

Shire of Ashburton community.

Community engagement is about involving the community in decisions which affect

them and it is critical to the successful development and implementation of

acceptable policies and decisions and for improving services by being responsive to

the needs of the community.

Community engagement does not mean achieving consensus. However, it does

involve seeking broad, informed agreement and the best possible solution for Council


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and the community.

Scope

The overarching principle is that the Shire will consult with our communities. Therefore,

this policy applies not only to Shire of Ashburton’s Strategic Planning processes

but to all facets of our operations and projects.

Policy Objectives

To ensure Shire of Ashburton stakeholders are well informed about issues,

strategies and plans that may directly or indirectly affect them.

To ensure Shire of Ashburton stakeholders have the opportunity to be involved in

Council’s decision making and policy development.

To seek the views of all stakeholders, selecting engagement methods that are

flexible, inclusive and appropriate to those being engaged.

To provide members of the community with the opportunity to hear each other’s

opinions and to recommend appropriate solutions to community issues.

To ensure Council is meeting its legislative requirements regarding community

consultation in all areas of its service delivery.

Recognise that there is diversity in the activities and project Council undertakes and

that the type of engagement should vary accordingly.

Benefits of Community Engagement

There are numerous benefits from community engagement:

Increased community awareness of Council’s services, planning and programs;

Increased awareness across Council of community views and the issues that should

be considered as part of the decision making process;

Increased awareness of the needs, priorities and diversity of the local community,

which in turn ensures that Council’s service provision and planning is well aligned

with community expectations;

Increased level of community ownership and acceptance of decisions;

Council and the community working together to address local issues; and The potential for the Council to save time and resources.

Principles

The following principles underpin the Shire of Ashburton’s approach to community

engagement.

Be open and inclusive

1. We recognise that community participation is an integral part of informed decision

making;

2. We promote and support opportunities for the community to actively participate;

3. We encourage involvement from all stakeholders and will use engagement

processes that are accessible and inclusive;

Create mutual trust, respect and be accountable

1. We treat all stakeholders in the engagement process with respect and dignity;’

2. We will approach engagement from an impartial perspective;


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3. We will be accountable, accessible and ethical in all dealings with the community.

Engage early and be clear

1. We will seek early engagement and regularly involve the community in decision

making;

2. We will communicate clearly the objectives of the engagement process and provide

community members with all available, relevant information as part of the

consultation engagement process to ensure informed discussion;

3. We will communicate the parameters of the engagement process to participants

from the outset, including legislative requirements, Council’s sphere of influence,

conflicting community views, policy frameworks and context, budget constraints etc.

4. We acknowledge that planning is a critical process to deliver successful outcomes

and are committed to developing and implementing community engagement plans.

Consideration and Feedback

1. We are committed to demonstrating that we have considered all community

contributions and relevant data, prior to making any decisions that affect the local

community;

2. We are committed to providing participants with feedback at key stages throughout

the project and upon completion and how community input influenced the decision.

Skills and Resources

1. We recognize the skills required to undertake community engagement and will

provide staff with opportunities for further skill development and training;

2. We recognize that from time to time we may need to retain professional consultants to

assist with certain engagement strategies.


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ADM09 Complaints Management Policy

Aim To develop a structured and systematic approach for complaints received by the Shire of Ashburton from external persons

Application Elected Members Employees


Nil

Principles Strategic Community Plan 2017 - 2027 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, caring and engaged communities

Approval Date OMC 21 September 2017


Last Review 2017

Next Review 2019


Objectives

The objectives of this policy are:

1. To develop a structured and systematic approach to dealing with complaints received by the Shire of Ashburton from external persons.

2. To assure the community that complaints may be made without fear of recrimination and that all complaints will be promptly dealt with and a (written if required) response will be given setting out the answer to the complaint providing reasons, where appropriate.

3. To have complaints dealt with efficiently by an appropriate employee with minimal referral.

4. To use complaints statistics to improve the effectiveness and efficiency of Council’s operations.

Policy

5. The Shire of Ashburton encourages and recognises the right of its customers to make complaints about services or service delivery, and will make it a priority to address those complaints and rectify unsatisfactory consequences.

6. The Council and its staff will be open and honest in its dealings with customers, and will explain in “plain English” why, for legislative/legal reasons, cost constraints or some other matter beyond its control, it is unable to act in accordance with a complainant’s request.


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7. The Council recognises that good complaints handling is an integral part of customer service and provides an effective way of reviewing performance and monitoring standards.

Guidelines

8. Any person or their representative can lodge a complaint.

9. Complaints will be accepted in writing, in person, by facsimile transmission, by email or by telephone. If a verbally received complaint alleges a criminal offence, corruption or other serious matter, the receiving officer is to advise the complainant that the matter must be submitted in writing.

10. Complainants are to be advised that anonymous complaints may not be processed as it is possible that they may be mischievous or vexatious.

11. Complaints that are to be dealt with under this policy include, but are not necessarily limited to, expressions of dissatisfaction regarding;

a) decisions made by Council or staff; b) inappropriate behaviour of staff or elected members such as rudeness,

discrimination or harassment; c) the standard of works or services provided by Council d) failure of Council to comply with the Local Government Act, Council policies,

Council’s local laws and other laws administered by Council.

12. The following issues shall not be regarded as complaints and shall not be dealt with under this policy:

a) requests for services; b) requests for information or explanations of policies and/or procedures; c) the lodging of a formal objection or appeal in accordance with the Local

Government Act and other Acts or in accordance with Council policies or standard procedures;

d) the lodging of a submission in response to an invitation for comment; e) asset maintenance related complaints/works requests – which are to be

processed via the existing Customer Action/Works Requests CAR form (both paper and electronic).

f) matters relating to Rules of Conduct of elected members.

13. Complaints regarding elected members are to be directed to the CEO. The CEO is responsible for the initial investigation and administrative responses. Matters that may require disciplinary action are to be referred to the Shire President and dealt with under the Council’s Code of Conduct or Rules of Conduct if relevant.

14. Complaints from Councillors, the Ombudsman, and the Local Government Department or from Members of Parliament shall be referred to, and dealt with by the CEO, unless the complaints relates to the CEO, whereupon the complaint will be dealt with by the Shire President.

15. When any complaint is made, other than a complaint referred to in clauses 6 and 7, the designated receiving officer shall, within the limit of their authority, attempt to satisfy the complainant as soon as possible. If a complainant cannot be satisfied immediately, or on the same day, the designated receiving officer shall immediately issue to the complainant a written acknowledgement of the complaint and if need be,


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refer to the complaint and a copy of the acknowledgement to a Director or the CEO, as is appropriate, for investigation and determination of the complaint.

16. The following standard response times shall, ideally, be adhered to by all staff when dealing with complaints:

a) Acknowledging in writing within 72 hours that the complaint has been received and a response will be given within 7 days.

b) Issue an acknowledgement and explanation for any delay before the initial 7 days is up.

Where a complainant is advised of a likely delay to the handling of the complaint and the

complaint is not finalised within a 7 day period, the complainant is to be provided with status

reports from time to time until the complaint is satisfied.

17. Where a complaint has been investigated and found to be justified, the relevant officer who dealt with the complaint will ensure that the remedy is carried out, will advise the complainant that the Shire does acknowledge substance in the complaint and the specific action that will be taken by the Shire to respond to the circumstances of the complaint. The officer will, if appropriate, make follow-up contact with the complainant to ensure that the complaint has been resolved satisfactorily.

18. Where a complaint may identify the need for a review of procedures to prevent re-occurrences, relevant staff are to implement any required changes which they feel appropriate. If the matter cannot be easily remedied by the officer, they must liaise with their Director or the CEO to agree on a course of action.

Where the complaint identifies a need for a change of Council policy in a particular area or a

need for additional resources, the matter shall be referred to Council as early as practicable.

19. The CEO shall establish and maintain an appropriate record of all complaints. The record will provide the following:

a) nature of each complaint b) services or facilities about which the complaints are made c) time taken to conclude complaint investigations d) outcomes e) trends f) other relevant information.

20. The designated receiving officer of any complaint shall be responsible for ensuring that all details pertaining to the complaint are recorded an appropriate manner.

21. The CEO may cease review of a complaint if it:

Has previously been dealt with by the Shire;

Was lodged more than twelve months after the alleged action took place, except where a complaint alleges that an action more than 12 months previously may have caused the issue of current concern; or

If another statutory authority could more effectively deal with the complaint, in which case an explanation will be provided along with the contact details of the appropriate organisation.


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Associated Documents:

Complaints Handling Procedure (Internal) General Complaints Form (SOA CS 002)


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ADM11 Memorials on Council Controlled Land

Aim

A) To preserve the amenity of public reserves by managing the placement of private monuments and memorials; and B) To provide guidelines on what memorials may be placed in public places and the process that needs to be followed to gain consent for the placement of a memorial.

Application Elected Members Council Employees Community Members


Local Government Act 1995 Land Administration Act 1997 Road Traffic Act 1974

Principles Strategic Community Plan 2017 - 2027 Goal 04 - Quality Services and Infrastructure Objective - 03 Well-planned Towns



Last Review 2016

Next Review 2020


DEFINITIONS

Memorials and Monuments are structures made of concrete, natural stone, marble or timber

or the like which have words inscribed onto them and make take on a variety of sizes and

shapes. Headstones in cemeteries are an example of a memorial or monument.

Plinths are structures onto which plaques are attached. They may be made of concrete,

natural stone, marble or timber or the like.

POLICY

Memorials Located on Public Land

The creation or placement of memorials or monuments on public land is not permitted unless

the consent of the Shire of Ashburton is provided.

1. Seats

a. Shire of Ashburton will consider applications for the placement of seats with

plaques in appropriate locations, such as along paths and in accordance with

any Land Management Orders that may operate for the reserve. Applications

must be made in writing to the Chief Executive Officer with a clear description

of the proposed location. All applications will require Council approval.

b. The purchase and placement of the seat will be at the expense of the

applicant and the seat will be to Shire specifications and the location in

accordance with Shire wishes. Approval will also be required for the wording

to be placed on a plaque.


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c. Fees and Charges for the installation of the seat is as

scheduled under Labour Costs, Private Works.

2. Plinths and Rocks with Plaques

It is the responsibility of the donor to arrange manufacture and delivery of plaques

approved by the Shire of Ashburton.

a. Such memorials will not be permitted on public land unless the person, event

or location is of historical significance and the memorial is approved by the

Council.

b. The placement of plinths and rocks with plaques will be to Shire specifications

and the location in accordance with Shire wishes. Costs associated with

purchasing the plaque, plinth or support/surround and engraving the chosen

message are the responsibility of the donor. Approval will also be required for

the wording to be placed on a plaque.

c. Fees and Charges for the installation of the plinths and rocks with plaques is

as scheduled under Labour Costs, Private Works.

3. Trees

a. The Council will consider applications for the planting of trees on public land.

The location and species of the trees will be to Shire specifications. Trees will

not be marked with plaques.

b. The purchase and placement of the tree will be at the expense of the

applicant and will be to Shire specifications and the location in accordance

with Shire wishes.

c. Fees and Charges for the installation of the tree is as scheduled under

Labour Costs, Private Works.

4. Roadside Memorials on Shire Roads

a. The Shire of Ashburton will permit the creation of small roadside memorials

unless they are causing safety concerns for the public or if the Road Traffic

Act 1974 requires their removal.

b. Consent is not required for the placement or creation of these memorials.

However if they are considered a safety risk then the memorial will be

removed without notification.

5. Scattering of Ashes

The scattering of Ashes within the Shire’s owned or managed property may be

permitted with the consent of the Chief Executive Officer.

6. Memorial Gardens

a. This policy applies to Paraburdoo Memorial Garden and Doug Talbot Park in

Tom Price as Memorial Gardens and not Council Cemeteries.

b. All memorial garden plaques are to be larger than 150mm x 150mm, with the

surrounding plinth or support / surround no larger than 200mm x 200mm.

c. No responsibility is to be taken by the Shire of Ashburton for the ongoing

maintenance of the memorials.

d. If the memorial plaque deteriorates to a point at being unsafe then the Shire

of Ashburton reserves the right to remove the memorial or plaque without

notice.

e. No responsibility is to be taken by the Shire of Ashburton for any damage to

any memorial or for their unauthorised removal.


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f. The Shire of Ashburton reserves the right to remove

any memorials at any time.

g. The Shire of Ashburton may purchase, install, and maintain plaques for

deceased past Councillors and staff of the Shire.

ASSOCIATED DOCUMENTS

ADM11 Memorials on Council Controlled Land Procedure

ADM11 SOA CS 055 - Application for Installation of Memorials

ADM11 Memorial garden template approval letter

ADM11 Memorial garden template application letter

ADM11 Memorial Application Register


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2. CORPORATE

CORP5 Risk Management Policy

Aim

The Shire of Ashburton is committed to organisation wide risk management principles, systems and processes that ensure consistent, efficient, and effective assessment of risk in all planning, decision making and operational processes.

Application Elected Members and Staff


Local Government Act (1995) 5.56(2)

Principles Strategic Community Plan 2017 - 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership

Approval Date OMC 18 July 2017


Last Review 2017

Next Review 2019


1. Purpose

The Shire of Ashburton (“the Shire”) Risk Management Policy documents the commitment

and objectives regarding managing uncertainty that may impact the Shire’s strategies, goals

or objectives.

2. Policy

It is the Shire’s Policy to achieve best practice (aligned with AS/NZS ISO 31000:2009 Risk

management), in the management of all risks that may affect the Shire, its customers,

people, assets, functions, objectives, operations or members of the public.

Risk Management will form part of the Strategic, Operational, Project and Line Management

responsibilities and where possible, be incorporated within the Shire’s Integrated Planning

Framework.

The Shire’s Executive Management Team will determine and communicate the Risk

Management Policy, Objectives and Procedures, as well as direct and monitor

implementation, practice and performance.

Every employee, elected member, volunteer and contractor within the Shire is recognised as

having a role in risk management.

Consultants may be retained at times to advise and assist in the risk management process

or management of specific risks or categories of risk.


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3. Definitions (from AS/NZS ISO 31000:2009)

Risk: Effect of uncertainty on objectives.

Note 1: An effect is a deviation from the expected – positive or negative.

Note 2: Objectives can have different aspects (such as financial, health and safety and

environmental goals) and can apply at different levels (such as strategic, organisation-wide,

project, product or process).

4. Risk Management: Coordinated activities to direct and control an organisation with

regard to risk.

5. Risk Management Process: Systematic application of management policies, procedures

and practices to the activities of communicating, consulting, establishing the context, and

identifying, analysing, evaluating, treating, monitoring and reviewing risk.

6. Risk Management Framework: Set of components that provide the foundations and

organisational arrangements for designing, implementing, monitoring, reviewing and

continually improving risk management throughout the organisation.

7. Risk Management Objectives

The adoption of consistent risk management processes within a comprehensive framework

will help deliver on the objectives and benefits below:

Optimise the achievement of our vision, experiences, strategies, goals and objectives.

Provide transparent and formal oversight of the risk and control environment to enable

effective decision making.

Enhance risk versus return within our risk appetite.

Embed appropriate and effective controls to mitigate risk.

Achieve effective corporate governance and adherence to relevant Policy Number

CORP5 RISK MANAGEMENT POLICY statutory, regulatory and compliance

obligations.

Enhance organisational resilience.

Identify and provide for the continuity of critical operations.

8. Risk Appetite

The Shire has defined its tolerance to risk, its risk appetite, through the development and

endorsement of the Shire’s Risk Assessment and Acceptance Criteria. The criteria are

included within the Risk Management Procedures and are subject to ongoing review in

conjunction with this policy.

All organisational risks to be reported at a corporate level are to be assessed according to

the Shire’s Risk Assessment and Acceptance Criteria to allow consistency and informed

decision making. For operational requirements such as projects or to satisfy external

stakeholder requirements, alternative risk assessment criteria may be utilised, however

these cannot exceed the organisation’s appetite and are to be noted within the individual risk

assessment and approved by a member of the Executive Management Team.

9. Roles, Responsibilities & Accountabilities

Council’s role is to;

Review and approve the Shire’s Risk Management Policy and Risk Assessment &

Acceptance Criteria.

Appoint / Engage External Auditors to report on financial statements annually.


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Establish and maintain an Audit & Risk Committee in terms of the

Local Government Act.

The CEO is responsible for the allocation of roles, responsibilities and accountabilities.

These are documented in the Risk Management Procedures (Operational Document).

10. Monitor & Review

The Shire will implement and integrate a monitor and review process to report on the

achievement of the Risk Management Objectives, the management of individual risks and

the ongoing identification of issues and trends.

This policy will be kept under review by the Shire’s Executive Management Team and will be

formally reviewed by Council biennially.


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3. ELECTED MEMBERS

ELM01 Council and Other Meetings

Aim

To outline the rights and responsibilities of Council and Councillors in terms of convening Council meetings, overnight accommodation, and to ensure that Councillors are appropriately reimbursed for representing the Council at meetings and functions.

Application All Elected Members


Local Government Act 1995 Section 5 Division 2

Principles Strategic Community Plan 2017 - 2027 Goal 05 – Inspiring Governance Objective – 03 Council Leadership



Last Review 2017

Next Review 2019


Policy Statement

All accommodation associated with attendance by Councillors at Council meetings will be

arranged by the Chief Executive Officer and expenses thereof paid by Council as per policy

ELM06.

Councillors are authorised to attend meetings and functions appropriate to their

appointments to committees and external organisations and other functions approved by the

Council in advance.

Consideration will be given to all invitations to Council to submit nominations for

representation on regional or State committees/organisations. Reimbursements of expenses

shall be in accordance with any other relevant policy of the Council as determined from time

to time.


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ELM02 Official Photographs

Aim To ensure that there is a historical photographic record, and official listing kept of serving Councillors and Senior Management of the Shire.



Nil




Last Review 2017

Next Review 2019


Policy Statement

An official group photograph of Councillors, group and individual and the executive

management, group and individual, will be taken following each ordinary election.

The Official Honour Board will be updated following the Ordinary Election.


26

ELM03 Recognition of Retiring Councillors

Aim To formally recognise retiring Elected Members for their services during their elected term in local government and citizens of the Shire for their contributions to the community.



Local Government Act 1995 s. 5.100A Administration Regulations 34AC




Last Review 2018

Next Review 2022


DEFINITIONS

Retiring - Not being re-elected or standing down from public office.

Recognition of Elected Members Retiring Elected Members are recognised at their last Ordinary Council meeting or at an official function recognising past Elected Members. Retiring Elected Members are presented with: • A name plaque • A certificate of service • A gift up to the value of $100 per year of service with a maximum value of $1000 subject to the minimum length of service being one full four year term of office.

REFERENCE

LOCAL GOVERNMENT (ADMINISTRATION) REGULATIONS 1996 - REG 34AC - Gifts to

council members, when permitted etc. (Act s. 5.100A)


27

ELM04 Code of Conduct

Aim

The Code provides a guide and a basis of expectations for Council Members, Committee Members, staff, Volunteers and Contractors. It encourages a commitment to ethical and professional behaviour and outlines principles in which individual and collective Local Government responsibilities may be based.

Application All Council Members, Committee Members, Staff, Volunteers and Contractors


Local Government Act 1995 (S 5.103 – Codes of Conduct) and Local Government (Administration) Regulations 1996 (Regs 34B and 34C).

Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council leadership

Approval Date OMC 23 April 2018


Last Review 2018

Next Review 2020


Objective

The Code of Conduct provides Council Members, Committee Members, staff, volunteers and

contractors in the Shire of Ashburton consistent guidelines for an acceptable standard of

professional conduct. The Code addresses in a concise manner the broader issue of ethical

responsibility and encourages greater transparency and accountability in Local

Governments.

The Code is complementary to the principles adopted in the Local Government Act and

regulations which incorporates four fundamental aims to result in:

a) better decision-making by local governments;

b) greater community participation in the decisions and affairs of local governments;

c) greater accountability of local governments to their communities; and

d) more efficient and effective local government.

It is intended to provide an elementary guide to:-

a) Complying with statutory duty to act honestly and exercise due diligence and a high

degree of care.

b) identifying and resolving situations which could result in:-

i) conflict of interests;

ii) impropriety;

iii) improper use of their positions;

iv) Improper use of the Shire’s resources.


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c) Acting in ways which enhance both public perception and

confidence in the Shire’s administration and the system of Local

Government in Western Australia.

STATUTORY ENVIRONMENT

The Code of Conduct observes statutory requirements of the Local Government Act 1995 (S

5.103 – Codes of Conduct) and Local Government (Administration) Regulations 1996 (Regs

34B and 34C).

RULES OF CONDUCT

Council Members acknowledge their activities, behaviour and statutory compliance

obligations may be scrutinised in accordance with prescribed rules of conduct as described

in the Local Government Act 1995 and Local Government (Rules of Conduct) Regulations

2007.

1. ROLES

1.1 Role of Council Member

The primary role of a Council Member is to represent the community, and the effective

translation of the community’s needs and aspirations into a direction and future for the Local

Government will be the focus of the Council Member’s public life.

The Role of Council Members is set out in S 2.10 of the Local Government Act 1995 as

follows:

a) “A Councillor —

b) (a) Represents the interests of electors, ratepayers and residents of the district;

c) provides leadership and guidance to the community in the district;

d) facilitates communication between the community and the council;

e) participates in the local government’s decision-making processes at council and

committee meetings; and

f) performs such other functions as are given to a Councillor by this Act or any other

written law.”

A Council Member is part of the team in which the community has placed its trust to make

decisions on its behalf and the community is therefore entitled to expect high standards of

conduct from its elected representatives. In fulfilling the various roles, Council Members’

activities will focus on:

• achieving a balance in the diversity of community views to develop an overall

strategy for the future of the community;

• achieving sound financial management and accountability in relation to the

Local Government’s finances;

• ensuring that appropriate mechanisms are in place to deal with the prompt

handling of residents’ concerns;

• working with other governments and organisations to achieve benefits for the

community at both a local and regional level;

• having an awareness of the statutory obligations imposed on Council

Members and on Local Governments.

In carrying out its functions a local government is to use its best endeavours to meet the

needs of current and future generations through an integration of environmental protection,

social advancement and economic prosperity.


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1.2 Role of Staff

The role of staff is determined by the functions of the CEO as set out

in S 5.41 of the Local Government Act 1995 : -

“The CEO’s functions are to —

a) advise the Council in relation to the functions of a local government under this Act

and other written laws;

b) ensure that advice and information is available to the Council so that informed

decisions can be made;

c) cause Council decisions to be implemented;

d) manage the day to day operations of the local government;

e) liaise with the Mayor or President on the local government’s affairs and the

performance of the local government’s functions;

f) speak on behalf of the local government if the Mayor or President agrees;

g) be responsible for the employment, management supervision, direction and dismissal

of other employees (subject to S 5.37(2) in relation to senior employees);

h) ensure that records and documents of the local government are properly kept for the

purposes of this Act and any other written law; and

i) perform any other function specified or delegated by the local government or

imposed under this Act or any other written law as a function to be performed by the

CEO.”

1.3 Role of Volunteers and Contractors

The role of a volunteer and contractor is determined by and limited to a written and/or verbal

agreement with the Shire, to carry out specific functions on behalf of the Shire.

1.4 Role of Council

The Role of the Council is in accordance with S 2.7 of the Local Government Act 1995 :

“(1) The Council —

a) directs and controls the local government’s affairs; and

b) is responsible for the performance of the local government’s functions.

(2) Without limiting subsection (1), the Council is to —

a) oversee the allocation of the local government’s finances and resources; and

b) determine the local government’s policies.”

1.5 Relationships between Council Members and Staff

An effective Councillor will work as part of the Council team with the Chief Executive Officer

and other members of staff. That teamwork will only occur if Council Members and staff have

a mutual respect and co-operate with each other to achieve the Council’s corporate goals

and implement the Council’s strategies. To achieve that position, Council Members need to

observe their statutory obligations which include, but are not limited to, the following :

a) accept that their role is a leadership, not a management or administrative one;

b) acknowledge that they have no capacity to individually direct members of staff to

carry out particular functions;

c) Refrain from publicly criticising staff in a way that casts aspersions on their

professional competence and credibility.

1.6 Communications with Developers and Interest Groups

Council Members and Committee Members should be mindful that meetings with developers

could compromise their impartiality in the decision making process and should at all times

have a Shire officer present if such a meeting is considered necessary. To further protect


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Council Members from any suggestion of inappropriate behaviour,

especially when dealing with matters of a controversial nature, written

advice on the proforma at Attachment 2 should be recorded, ideally within 48 hours, with the

Shire President and CEO giving details of such meetings.

NB: The Local Government Operational Guidelines No. 12 titled Elected Members'

Relationships with Developers provides further guidance on this matter.

2. CONFLICT AND DISCLOSURE OF INTEREST

2.1 Conflict of Interest

a) Council Members, Committee Members and staff will ensure that there is no actual

(or perceived) conflict of interest between their personal interests and the impartial

fulfilment of their professional duties.

b) Staff will not engage in private work with or for any person or body with an interest in

a proposed or current contract with the Local Government, without first making

disclosure to the Chief Executive Officer. In this respect, it does not matter whether

advantage is in fact obtained, as any appearance that private dealings could conflict

with performance of duties must be scrupulously avoided.

c) Council Members, Committee Members and staff will lodge written notice with the

Chief Executive Officer describing an intention to undertake a dealing in land within

the local government area or which may otherwise be in conflict with the Local

Government’s functions (other than purchasing the principal place of residence).

d) Council Members and Committee Members who exercise recruitment or other

discretionary functions will make disclosure to the President before dealing with

relatives or close friends and may be disqualified from dealing with those persons.

Staff who exercise recruitment or other discretionary functions will make disclosure to

the CEO before dealing with relatives or close friends and may be disqualified from

dealing with those persons.

e) Staff will refrain from partisan political activities which could cast doubt on their

neutrality and impartiality in acting in their professional capacity. An individual’s rights

to maintain their own political convictions are not impinged upon by this clause. It is

recognised that such convictions cannot be a basis for discrimination and this is

supported by anti- discriminatory legislation.

2.2 Financial Interest

Council Members, Committee Members and staff will adopt the principles of disclosure of

financial interest as contained within the Local Government Act.

2.3 Disclosure of Interest

Definition:

In this clause, and in accordance with Regulation 34C of the Local Government

(Administration) Regulations 1996:

“interest” means an interest that could, or could reasonably be perceived to, adversely affect

the impartiality of the person having the interest and includes an interest arising from kinship,

friendship or membership of an association.

(a) A person who is an employee and who has an interest in any matter to be discussed at a

council or committee meeting attended by the person is required to disclose the nature of the

interest –

i. in a written notice given to the CEO before the meeting; or


31

ii. at the meeting immediately before the matter is

discussed.

(b) A person who is an employee and who has given, or will give, advice in respect of any

matter to be discussed at a council or committee meeting not attended by the person is

required to disclose the nature of any interest the person has in the matter-

i. in a written notice given to the CEO before the meeting; or

ii. at the time the advice is given.

(c) A requirement described under items (a) and (b) exclude an interest referred to in S 5.60

of the Local Government Act 1995.

(d) A person is excused from a requirement made under items (a) or (b) to disclose the

nature of an interest if -

i. the person's failure to disclose occurs because the person did not know he or she

had an interest in the matter; or

ii. the person's failure to disclose occurs because the person did not know the

matter in which he or she had an interest would be discussed at the meeting and

the person discloses the nature of the interest as soon as possible after

becoming aware of the discussion of a matter of that kind.

(e) If a person who is an employee makes a disclosure in a written notice given to the CEO

before a meeting to comply with requirements of items (a) or (b), then –

i. before the meeting the CEO is to cause the notice to be given to the person

who is to preside at the meeting; and

ii. immediately before a matter to which the disclosure relates is discussed at the

meeting the person presiding is to bring the notice and its contents to the

attention of the persons present.

(f) If -

i. to comply with a requirement made under item (a), the nature of a person's

interest in a matter is disclosed at a meeting; or (ii) a disclosure is made as

described in item (d)(ii) at a meeting; or

ii. to comply with a requirement made under item (e)(ii), a notice disclosing the

nature of a person's interest in a matter is brought to the attention of the

persons present at a meeting, the nature of the interest is to be recorded in the

minutes of the meeting.

3. PERSONAL BENEFIT

3.1 Use of Confidential Information

Council Members, Committee Members, staff, volunteers and contractors will not use

confidential information to gain improper advantage for themselves or for any other person

or body, in ways which are inconsistent with their obligation to act impartially, or to

improperly cause harm or detriment to any person or organisation.

3.2 Intellectual Property

The title to Intellectual Property in all duties relating to contracts of employment will be

assigned to the Local Government upon its creation unless otherwise agreed by separate

contract.

3.3 Improper or Undue Influence

Council Members and staff will not take advantage of their position to improperly influence

other Council Members or staff in the performance of their duties or functions, in order to

gain undue or improper (direct or indirect) advantage or gain for themselves or for any other

person or body.


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3.4 Gifts

Definitions:

In this clause, and in accordance with Regulation 34B of the Local Government

(Administration) Regulations 1996 -

“activity involving a local government discretion” means an activity -

(a) that cannot be undertaken without an authorisation from the local government; or

(b) by way of a commercial dealing with the local government;

“gift” has the meaning given to that term in S 5.82(4) except that it does not include -

(a) a gift from a relative as defined in S 5.74(1); or

(b) a gift that must be disclosed under Regulation 30B of the Local Government (Elections)

Regulations 1997; or

(c) a gift from a statutory authority, government instrumentality or non-profit association for

professional training;

“notifiable gift”, in relation to a person who is an employee, means -

(a) a gift worth between $50 and $300; or

(b) a gift that is one of 2 or more gifts given to the employee by the same person within a

period of 6 months that are in total worth between $50 and $300;

“prohibited gift”, in relation to a person who is an employee, means -

(a) a gift worth $300 or more; or

(b) a gift that is one of 2 or more gifts given to the employee by the same person within a

period of 6 months that are in total worth $300 or more.

(a) A person who is an employee is to refrain from accepting a prohibited gift from a person

who -

i) is undertaking or seeking to undertake an activity involving a local government

discretion; or

ii) it is reasonable to believe is intending to undertake an activity involving a local

government discretion.

(b) A person who is an employee and who accepts a notifiable gift from a person who -

(i) is undertaking or seeking to undertake an activity involving a local government

discretion; or

(ii) it is reasonable to believe is intending to undertake an activity involving a local

government discretion

must notify the CEO, in accordance with item (c) and within 10 days of accepting the gift, of

the acceptance.

(c) The notification of the acceptance of a notifiable gift must be in writing and include -

i) the name of the person who gave the gift; and

ii) the date on which the gift was accepted; and

iii) a description, and the estimated value, of the gift; and

iv) the nature of the relationship between the person who is an employee and the

person who gave the gift; and

v) if the gift is a notifiable gift under paragraph (b) of the definition of “notifiable

gift” (whether or not it is also a notifiable gift under paragraph (a) of that

definition) –

(1) a description; and

(2) the estimated value; and

(3) the date of acceptance, of each other gift accepted within the 6 month period.


33

(d) The CEO is to maintain a register of notifiable gifts and record in it

details of notifications given to comply with a requirement made under

item (c).

(e) This clause does not apply to gifts received from a relative (as defined in S 5.74(1) of the

Local Government Act) or an electoral gift (to which other disclosure provisions apply).

(f) This clause does not prevent the acceptance of a gift on behalf of the local government in

the course of performing professional or ceremonial duties in circumstances where the gift is

presented in whole to the CEO, entered into the Register of Notifiable Gifts and used or

retained exclusively for the benefit of the local government.

3.5 Purchasing Rewards/Loyalty Programs and Competition Prizes

Council Members, Committee Members and staff must not gain private advantage from

public expenditure. Therefore, they must not:

(a) enter competitions where eligibility to enter is based on the Local Government

being a customer of the business offering the competition and if you were not

Councillor, Committee Member, employee, or volunteer of the Local Government

you would not be eligible to enter;

(b) claim incentive points or bonuses on personal reward/loyalty programs from

purchases made using Local Government funds, such as (but not limited to)

Frequent Flyer points, Flybuys, Everyday Rewards;

(c) accept lucky door prizes or raffle prizes whilst attending Local Government-paid

events, functions, professional development activities, or whilst engaging in official

duties.

Any unintended or inadvertent private advantage gained by Council Members, Committee

Members, staff, or volunteers in the course of their duties (eg. corporate business travel

loyalty points) must be surrendered to the Local Government, or disclosed and then used

only for Local Government business and with the CEO’s or (in the case of the CEO)

President’s approval.

4. CONDUCT OF COUNCIL MEMBERS, COMMITTEE MEMBERS, STAFF,

VOLUNTEERS AND CONTRACTORS

4.1 Personal Behaviour

Council Members, Committee Members, staff, volunteers and contractors will:

a) act and be seen to act, properly and in accordance with the requirements of

the law and the terms of this Code;

b) perform their duties impartially and in the best interests of the the Local

Government and the community uninfluenced by fear or favour;

c) act in good faith (ie. honestly, for the proper purpose, and without exceeding

their powers) in the interests of the Local Government and the community;

d) make no allegations which are improper or derogatory (unless true and in

the public interest) and refrain from any form of conduct, in the performance

of their official or professional duties, which may cause any reasonable

person unwarranted offence or embarrassment; and

e) always act in accordance with their obligation of fidelity to the Local

Government; and

f) refrain from publicly criticising Councillors in a way that casts aspersions on

their professional competence and credibility.

Council Members will represent and promote the interests of the Local Government, while

recognising their special duty to their own constituents.


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4.2 Honesty and Integrity

Council Members, Committee Members, staff, Volunteers and Contractors will:

a) Observe the highest standards of honesty and integrity, and avoid conduct

which might suggest any departure from these standards;

b) Bring to the notice of the President any dishonesty or possible dishonesty on

the part of any other member, and in the case of an employee to the Chief

Executive Officer; and

c) Be frank and honest in their official dealing with each other.

4.3 Performance of Duties

S. 2.10 of the Act states that Councillors are required to:

a) represent the interests of electors, ratepayers and residents of the district;

b) provide leadership and guidance to the community in the district.

These two roles are performed simultaneously. Councillors are ‘representative’ of the people

who live in that particular district.

They have been elected to use their leadership skills and be prepared to make sometimes

difficult decisions that will guide the community towards a better outcome.

It is important for Councillors to bear these requirements in mind when considering matters

before council. It is a common misapprehension, particularly when wards are involved that

the consideration of matters should align with the potential effect of a decision upon a ward.

Instead Councillors are required to bring to the matter their knowledge and understanding of

local consequences impacting on the whole community. Ultimately, Councillors have an

obligation to decide an issue taking into account the ‘greater good’ of the community as a

whole.

While on duty, staff will give their whole time and attention to the Local Government's

business and ensure that their work is carried out efficiently, economically and effectively,

and that their standard of work reflects favourably both on them and on the Local

Government.

Council Members and Committee Members will at all times exercise reasonable care and

diligence in the performance of their duties, being consistent in their decision making but

treating all matters on individual merits. Council Members and Committee Members will be

as informed as possible about the functions of the Local Government, and treat all members

of the community honestly and fairly.

4.4 Compliance with Lawful Orders

Council Members, Committee Members, staff, volunteers and contractors will comply with

any lawful order given by any person having authority to make or give such an order, with

any doubts as to the propriety of any such order being taken up with the superior of the

person who gave the order and, if resolution cannot be achieved, with the Chief Executive

Officer.

Council Members, Committee Members, staff, volunteers and contractors will give effect to

the lawful policies of the Local Government, whether or not they agree with, or approve of

them.

4.5 Administrative and Management Practices

Council Members, Committee Members and staff will ensure compliance with proper and

reasonable administrative practices and conduct, and professional and responsible

management practices.

4.6 Corporate Obligations


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a). Standard of Dress

Council Members, Committee Members and Staff are expected to

comply with neat and responsible dress standards at all times. Accordingly:

i) Council Members and Committee Members will dress in a manner appropriate to

their position, in particular when attending meetings or representing the Local

Government in an official capacity.

ii) Management reserves the right to adopt policies relating to corporate dress and to

raise the issue of dress with individual staff.

b). Communication and Public Relations

i) All aspects of communication by staff (including verbal, written or personal), involving

the Local Government’s activities should reflect the status and objectives of the Local

Government. Communications should be accurate, polite and professional.

ii) As a representative of the community, Council Members need to be not only

responsive to community views, but to adequately communicate the attitudes and

decisions of the Council. In doing so Council Members should acknowledge that:

• As a member of the Council there is respect for the decision making

processes of the Council which are based on a decision of the majority of

the Council.

• Information of a confidential nature ought not to be communicated until it is

no longer treated as confidential.

• Information relating to decisions of the Council on approvals, permits and

so on ought only be communicated in an official capacity in writing, by a

designated officer of the Council; and

iii) Information concerning adopted policies, procedures and decisions of the Council is

conveyed accurately

Committee Members accept and acknowledge it is their responsibility to observe any

direction the Local Government may adopt in terms of advancing and promoting the

objectives of the Committee to which they have been appointed.

4.7 Appointments to Committees

As part of their representative role, Council Members are often asked to represent the Local

Government on external organisations. It is important that Council Members:

a) Clearly understand the basis of their appointment; and

b) Provide regular reports on the activities of the organisation

5. DEALING WITH LOCAL GOVERNMENT PROPERTY

5.1 Use of Local Government Resources

Council Members, Staff, Volunteers and Contractors will:

a) Be scrupulously honest in their use of the Local Government’s resources and shall

not misuse them or permit their misuse (or the appearance of misuse) by any other

person or body;

b) use the Local Government’s resources entrusted to them effectively and

economically in the course of their duties; and

c) not use the Local Government’s resources (including the services of Shire staff) for

private or business related purposes (other than when supplied as part of a contract

of employment in the case of staff), unless properly authorised to do so, and

appropriate payments are made (as determined by the Chief Executive Officer).


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5.2 Travelling and Sustenance Expenses

Council Members, Committee Members and staff will only claim or

accept travelling and sustenance expenses arising out of travel related matters which have a

direct bearing on the services, policies or business of the Local Governments in accordance

with the provision of the Local Government Act.

5.3 Access to Information

a) Staff will ensure that Council Members are given access to all information necessary

for them to properly perform their functions and comply with their responsibilities.

b) Council Members will ensure that information provided will be used properly and to

assist in the process of making reasonable and informed decisions on matters before

the Council.


ELM04 Communication with Developers and Interest Groups –SOA –CEO 109 Form

ELM04 – Use of Council Resources Procedure


37

ELM05 Councillor Training/Conference Attendance

Aim

To provide best practice local government by providing Councillors with the opportunity to attend relevant training and conference programs to further their knowledge and skills to better represent their constituents



The Local Government Act 1995 Local Government (Administration) Regulations 1996 Planning and Development Act 2005 Public Service Award 1992


Approval Date OMC 22 May 2018


Last Review 2018

Next Review 2020


PREAMBLE

This policy is to provide a framework within which Councillors can have access to a range of

development and training/conference opportunities that will assist them to undertake their

role throughout the elected term of office.

The Shire of Ashburton has a budget allocation for the purpose of enabling Councillors to

participate in development opportunities that will assist them to undertake their role and/or

develop skills and competencies.

TRAINING/CONFERENCE

The Shire of Ashburton provides training /conference opportunities for Councillors that

contributes to the corporate objectives by:

• Assisting prospective and new Councillors assimilate into the role; and • Assisting Councillors to meet the demands upon them by developing the necessary

skills through recognised training; and • Assisting Councillors to achieve excellence in performance; and • Ensuring Councillors work professionally in a team environment for the betterment

of their constituents. Councillors can attend various programs during their term of office, to assist their professional

development and to provide them with enhanced skills to effectively maximise the benefits of

the commitment they have given to their elected position.

Council will give preference to any course which can be conducted on site and therefore can

benefit a larger number of Councillors and Staff. Any request for training/conference


38

attendance should include consideration of whether the course can be

conducted within the Shire of Ashburton.

If possible, where training can be held on site, an invitation will be extended to regional

councils to join in the training. To register, the attached application form and other relevant

documents must be completed and provided to the Chief Executive Officer (CEO) prior to the

program.

CONFERENCE TRAINING BUDGET

The $5,000 individual Councillor Conference / Training budget is to be maintained and all

Conference / Training costs are allocated against that sum, except for the following:

• Car mileage expenses from the Councillors home in Ashburton to the airport, and likewise for the return journey, from the airport to the Councillors home.

• Local hotel costs where travel from the Councillors home in Ashburton to the airport warrants it (Note – generally the hotel in Tom Price or Paraburdoo, but could be Onslow or Karratha in certain circumstances.

• Costs to attend the annual WALGA Local Government Week Conference (Note – this is to promote Councillor attendance at this annual conference as a combination training opportunity; chance to meet other WA Local Government Councillors and WALGA representatives; and also as a good forum for Councillor team development. It will be budgeted separately to the $45,000 Councillor Conference allocation, as will the President’s attendance at either the ALGA Congress or the State of the Nation event.

Should a Councillor have the opportunity to be accompanied by a family member or partner

to a work related conference or event, any administration in relation to transport and/or

bookings or accommodation and/or any associated costs are the responsibility of the

Councillor in all instances.

Should a Councillor attend an authorised conference dinner (or similar), where available, the

Shire will pay for the cost of one family member or partner to accompany the Councillor. Any

family members or other attendees accompanying the Councillor is not covered under the

Council’s relevant insurance policies.

APPROVAL PROCESS

The ELM05 Procedure, Applications and Expenses Forms are available from the CEO’s office

on request. Applications will be determined by the Shire President in consultation with the

CEO with regard to budget availability. It is intended that the budget allocation for Councillors

will be applied in a consistent and fair manner without patronage.

The application can only be approved where the costs are in accordance with ELM06

Councillors Accommodation, Travel and Incidental Expenses whilst on Council Business

Policy can be accommodated within the approved budget allowance.

The Evaluation Form and any comments from the Training/Conference is to be provided to

the CEO for inclusion into the monthly Information Bulletin.

SUMMARY

Policy ELM04 Code of Conduct and ELM06 Councillors Accommodation, Travel and

Incidental Expenses whilst on Council Business Policy are to be adhered to at all times.


ELM05 Procedure

ELM05 Application Form (CEO 058)

ELM05 Councillor Travel Expense Claim Form (CEO 023)


39

ELM05 Evaluation Form (CEO 054)

ELM06 Councillors Accommodation, Travel and Incidental Expenses

Whilst on Council Business Policy


40

ELM06 Councillor Accommodation, Travel and Incidental

Expenses Whilst on Council Business

Aim

Members of Council are required to perform a number of functions in the fulfilment of their Councillor duties. The Shire also provides members with the opportunity to attend conferences, seminars and training courses to continuously improve their capacities. The Shire therefore provides members with suitable levels of allowances and equipment, and reimburses members for reasonable levels of expenses incurred in the performance of the above duties and activities.



Local Government Act 1995, s2.10, 5.98(2) (b), 5.98(3) (b), 5.98(5) (b), 5.99A (b), 5.102. Local Government (Administration) Regulations 1996, Regs 31(1), 32(1) Salaries & Allowances Act s7B Salaries and Allowances Tribunal on Local Government Elected Council Members June 2014 Public Service Award 1992 (Schedule F & I) Local Government Officer’s (Western Australia) Interim Award 2011




Last Review 2018

Next Review 2022


OBJECTIVE

1. To ensure that representatives of the Shire who are attending to legitimate and approved

business on behalf of the Council are not financially disadvantaged as a result of

attending to that business.

2. To provide flexibility for Elected Members required to travel on Council Business.

3. To ensure the funds of the Shire are properly and responsibly used by representatives of

the Council when they incur expenses whilst on legitimate and approved Shire business,

and that funds are accounted for in accordance with the relevant Regulations.

POLICY STATEMENT

In order for Elected Members to carry out their legislated roles and functions, to participate in

training/conferences, and to consult with stakeholders and other Local Government


41

representatives both within and outside the Shire of Ashburton, the

Shire may reimburse relevant costs and pay agreed member

allowances.

All Elected Members are encouraged to attend appropriate training in accordance with Policy

ELM05.

MEMBER ALLOWANCES

Under the LGA the Council is required to determine the amount of allowances that members

are entitled to receive within prescribed limits (which are set out in the Local Government

(Administration) Regulations 1996, and complimented via WA State Administrative Tribunal

determinations). The amount of these allowances are to be reviewed each year by Council

as part of the annual budget development process and the revised amount is to be set by a

resolution of Council made by an absolute majority.

Allowances are to be paid quarterly in arrears if an elected member retires before the end of

their term then they will be paid a daily rate up until the date they retire.

REIMBURSEMENT OF STATUTORY TRAVEL EXPENSES

Members may be entitled to reimbursement of expenses incurred in travelling in connection

with their (Council endorsed where relevant) duties as Elected Members, including

attendance at but not limited to the following:

• meetings (Council Meetings and Representative Meetings)

• briefings

• workshops

• presentations

• deputations

• ceremonies (i.e. Australia Day, Anzac Day and Citizenship)

• functions and receptions

• training and seminars

• on-site inspections.

The extent to which an elected member can be reimbursed for travel and accommodation

costs incurred in any of the circumstances referred to in Regulation 32(1) of the LG

Regulations is at the same rate applicable to the reimbursement of travel and

accommodation costs in the same or similar circumstances under the Public Service Award

1992, travel costs incurred while driving a privately owned or leased vehicle under the Local

Government Officers’ (Western Australia) Interim Award 2011 as issued by the Western

Australian Industrial Relations Commission as at the date of the current determination of the

Salaries and Allowances Tribunal on Local Government Elected Council Members.

“AWAY FROM HOME” EXPENSES

All accommodation requirements to be where-ever possible supported by an official Council

purchase order and coordinated by the Chief Executive Officer (or delegate).

All reasonable away-from-home costs like accommodation, taxi fares, meals, refreshments

(including non-alcoholic mini-bar purchases) and other minor relevant incidentals are to be

reimbursed. Claims can include a reasonable range of expenses commonly associated with

living away from home and liaising with external stakeholders, like a limited amount of

alcoholic refreshments accompanied with an evening meal and in some circumstances costs

like unforeseen/emergency clothes cleaning.

The Shire reserves the right to disallow excessive claims and invoice for reimbursement if

required. Expenses like in-room movies and otherwise personal costs like grooming, will


42

not be reimbursed. Reasonably avoidable costs like clothes washing

or meal costs where they are otherwise provided by the

accommodation package or the training/conference will also not be reimbursed.

EXTENDED STAY

Any Elected Member wishing to remain at a destination for extra days before or after their

Council activities has concluded, does so at their own expense (including not being covered

by the Shire’s insurance policies). Shire costs should not exceed what would otherwise have

applied, like for example, any return flights booked must be of equivalent or lesser value of

the day they would have travelled (if it is higher, the Elected Member must meet the

difference in those costs).

Note: Any extension to accommodation should not be booked at a Local Government rate.

However, should the discounted Local Government rate be applied, then Elected Members

are to take into account the gift implications which apply and should complete the necessary

disclosure forms to ensure transparency of the accommodation payment transaction.

MOTOR VEHICLE ALLOWANCE

Elected Members may make application to seek reimbursement for costs of utilising their

private vehicles to perform their duties as Elected Members.

Travel costs incurred while driving a privately owned vehicle are to be calculated at the same

rate applicable to the Local Government Officers’ (Western Australia) Interim Award 2011

issued by the Western Australian Industrial Relations Commission as at the date of the

current determination of the Salaries and Allowances Tribunal on Local Government Elected

Members.

Elected Members should endeavour to locate the most cost effective travel arrangements,

including travelling with other Councillors in their vehicles where reasonable to do so and

also travelling by plane in lieu of a motor vehicle where that is more cost effective.

CHILD CARE

Members who incur child care costs as a result of attending Council meetings or a meeting

of a committee (of which he or she is a member), are entitled to reimbursement in

accordance with section 5.98(2) as prescribed in regulation 31(1)(b) of the Local

Government (Administration) Regulations 1996.

Child care costs incurred are to be calculated at the same rate applicable to the current

determination of the Salaries and Allowances Tribunal on Local Government Elected

Members.

OTHER EXPENSES (Incidentals)

It is not expected that members may need to incur any unreasonable level of expense in the

performance of their duties. Where a member does incur in the performance of their duties

any other expense (in addition to those specifically highlighted in this Policy) which the

member believes they are entitled to have reimbursed, a claim should be submitted to the

Chief Executive Officer, who shall decide in accordance with the LGA and the Administration

Regulations on the extent of the reimbursement.

CLAIMING OF COSTS

Any claim for other expenses shall include receipts or suitable evidence of expenditure and

are to be submitted with the SOA CEO 023 ELM05 Travel Expense Claim form to the Chief

Executive Officer for authorisation. In instances where receipts or proof of expenditure

cannot be supplied, a written declaration with sufficient information of expenditure should be


43

submitted with the travel claim (a written declaration will ideally only

be used for special circumstances and will be determined as

appropriate by the Chief Executive Officer).

The appropriate methods of payment of allowances and forms to be used are to be

determined by Corporate Services having regard to accounting and auditing requirements.

Other guidelines, directions and procedures for the administration of this policy may include

such things as:

• Purchasing procedures

• Preferred accommodation providers

• Corporate charging arrangements

COSTINGS

Elected members should contact the Elected Member Support Officer in order to ascertain

their expenditure regarding costs incurred as part of this policy at the time of application.

SUPPORTING DOCUMENTATION

ELM05 Elected Member Training/Conference Attendance Policy

ELM05 Procedure

SOA CEO 058 ELM05 Application For Training Form

SOA CEO 023 ELM05 Travel Expense Claim Form

SOA CEO 054 ELM05 Evaluation Form


44

ELM07 Conduct of Public Question Time

Aim To outline the procedure for the conduct of public question time at ordinary and special meetings of council and to any committee that is open to the public.



Local Government Act 1995 s5.24 – Question Time for Public Shire of Ashburton Standing Orders Local Law 2012




Last Review 2018

Next Review 2022


Public Question Time

The procedures for Public Question Time is set out in the Shire of Ashburton Standing

Orders.

A provision for public question time is made at each meeting of Council, and at Committees

that are open to the public.

On attendance at a Meeting, members of the public are required to be provided with the

guidance document ‘Protocols Public Question Time – Council Meetings’ also available on

the Shire website (www.ashburton.wa.gov.au) which gives information on the conduct of

Public Question Time.

Members of the public are required to submit their public questions in writing, preferably on

the Public Question Form SOA CEO 143. Public Question forms are available on the Shire

website (www.ashburton.wa.gov.au) and at the venue of the Council/Committee Meeting

immediately prior to meetings.

Department of Local Government Guidelines relating to Public Question time outline that

elected members should not use question time to ask questions as many other alternatives

are available to them. If elected members are provided with questions from members of the

public for presentation to Council as part of Question Time, the Councillor should provide a

copy of the questions to the Chief Executive Officer as soon as practical after receiving

them, and lodge the original document in the Question Time Tray on Council Meeting Day.

http://www.ashburton.wa.gov.au/



45

Question time is reserved for genuine questions only and is not

intended to be used for the making of statements. Questions should

ideally be submitted as early as possible prior to the meeting to enable research to be

undertaken, thus enabling the most comprehensive response possible to be provided and

avoiding the need to take the question(s) on notice.


46

ELM08 Order of Business- Ordinary Council Meetings

Aim

To outline the Order of Business at Ordinary Meetings of Council and Council Committees as determined by Clause 18 of the Local Law Relating to the Conduct of Proceedings and the Business of Council – Standing Orders.

Application All Elected Members and Staff


Local Government Act 1995 Part 3- Functions of Local Government, Subdivision 1




Last Review 2018

Next Review 2022


The Order of Business at an Ordinary Meeting of Council shall be as follows:

1. Declaration of Opening

1.1 Acknowledgement to Country

2. Announcement of Visitors

3. Attendance

3.1. Present

3.2. Apologies

3.3. Approved Leave of Absence

4. Public Question Time

4.1. Response to Previous Public Questions taken on Notice

4.2. Public Question Time

5. Applications for Leave of Absence

6. Declaration by members

6.1. Due Consideration by Councillors to the Agenda

6.2 Declarations of Interest

7. Announcements by the Presiding Person without Discussion

8. Petitions/Deputations/Presentations

8.1. Petitions

8.2. Deputations

8.3. Presentations

9. Confirmation of Minutes

9.1 Receipt of Committee Minutes – “En Bloc”

9.2 Receipt of Committee and other Minutes


47

9.3 Recommendations of Committee

10. Agenda Items adopted “En Bloc”

11. Office of the CEO Reports

11.1. Outstanding Resolutions of the Council

11.2 Use of Common Seal and Certain Actions Performed under Delegated Authority

(required by Council to be reported each month pursuant to the Delegation

Register)

12. Corporate Services Reports

13. Property and Development Services Reports

14. Community Services Reports

15. Infrastructure Services Reports

16. Councillor Agenda Items / Notices of Motions

17. New Business of an Urgent Nature Introduced by Decision of Meeting

18. Confidential Matters

19. Next Meeting

20. Closure of Meeting


48

ELM09 Elected Member Information Forums

Aim

Elected Member Information Forums (EMIFs) are intended to provide a forum at which Elected Members can become fully informed on matters that will be considered by Council; and can raise and discuss a broad range of matters of strategic and operational significance.



Local Government Act 1995 Shire of Ashburton Standing Orders Local Law 2012




Last Review 2015

Next Review 2019


POLICY STATEMENT:

This Policy has been prepared to provide guidelines governing the conduct of the EMIFs to

ensure compliance with the intent of the Local Government Act 1995 including the principles

of open and accountable decision making.

EMIFs shall be conducted on the basis that EMIF items of business will be divided into three

distinct sections:

1. EN BLOC DISCUSSION

a. Elected members to review Agenda Items and identify items that they wish to discuss or

have questions.

b. Councillor Agenda Sheets will be provided at the time of Agenda publication. Elected

Members to indicate which items they want to discuss or have further questions. Where

possible, questions should be sent to EMACCESS before the meeting.

c. The Shire President and CEO will receive a summary of the collated Councillor Agenda

Sheets to assist with identifying En Bloc Agenda Items prior to Council Meeting.

2. EMIF Compliance Items

Elected Members are to review the Compulsory Annual Compliance Items as listed on a

monthly basis. This process gives the Council the necessary tools to meet the compliance

objectives set out by the Local Government Act 1995.

3. EMIF Workshop/Presentation


49

a. Workshops and Presentations allow for the opportunity for the

Elected Members to be informed and have input into strategic and

corporate direction and related issues of importance to the Shire.

b. General discussion opportunity, to update Councillors and staff on contemporary

Ashburton issues (time permitting).

3. COUNCILLOR REPORTS, NOTICES OF MOTION, CONTEMPORARY ISSUES AND

RELEVANT MEETING ATTENDED

a. Time is allocated for Councillors to provide a verbal report on any contemporary issues

and relevant meetings attended

b. Any proposed Notices of Motion (Standing Orders clause 5.3) are also to be discussed

here, with the view that all Notices of Motion will benefit from a general discussion, but

also to deal with proposals that do not require a formal Council decision in a more timely

and cost efficient manner (for example, dealt with by consensus and at organisational

level).

4. EMIF “Carried Over” Compliance Items

To be held as needed to deal with compulsory compliance and workshop/presentation items

(i.e. 1a and 2a above) not completed at the previous Ordinary Council Meeting day.

FORMAT:

A. EMIF dates are to be scheduled by the Elected Members at the same time as the

yearly Council Meeting Schedule.

B. EMIFs will not facilitate a public gallery.

C. Forums are to be attended by all Councillors and relevant officers.

D. Decisions or agreement cannot be reached in respect to any matter raised during the

EMIF that requires a Council resolution.

E. All principles of the Local Government Act 1995 and Council’s Code of Conduct

apply to these EMIFs. Subject to complying with Council’s Code of Conduct,

discussion during the Forums should be open, honest and frank in order to engender

a team approach to problem solving and to enable Elected Members to become fully

informed on matters which may come before them.

REFERENCES:

EMACCESS PROTOCOL

DISCUSSION BOARD PROTOCOL

DEPARTMENT OF LOCAL GOVERNMENT “COUNCIL FORUMS” GUIDELINES


50

ELM10 Financial Sustainability Policy

Aim

This policy establishes the financial sustainability framework for the Council. The policy is based on the Council’s desire to plan for on-going financial sustainability to provide appropriate services and infrastructure for the community now and into the future. It provides the framework within which Council will achieve the aims set out in its long-term financial plan.

Application All Elected Members and Officers involved in the planning and financial management activities.


Local Government Act 1995 Section 5.56(1) Local Government (Financial Management) Regulations Part 4

Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment



Last Review 2018

Next Review 2020


Financial sustainability at the Shire of Ashburton means that in committing to a financially

sustainable future, no policy or other decisions will be made without considering the

long-term financial impact of those decisions. In making this commitment, it is

acknowledged that unexpected events will occur in the future and Council will plan for

reasonably foreseeable contingencies, but given the inherent uncertainties about future

events, it is impossible to plan for every eventuality.

The Council and relevant officers will plan and make decisions so that appropriate services

and infrastructure, as outlined in the Strategic Community Plan (SCP) are provided at

acceptable service levels for current and future generations in a cost effective and

affordable manner.

POLICY STATEMENTS

Long-term Financial Plan

Council will adopt a 15 year Long-term Financial Plan (LTFP) that sets out the funding

(revenue raising) and financing (paying for outlays) requirements for infrastructure and

services to be provided to equitably meet its Strategic Plan’s identified community needs

and preferences and the aims contained in its Strategic Asset Management Plan.

The LTFP will be based on community needs and substantial achievement of the required

ratio targets for each of its primary financial sustainability indicators as set out below. This is

required to meet the DLG advisory standard requirements of the Long Term Financial Plan.


51

Operating

surplus ratio

Net operating

surplus, divided

by own source

Operating

revenue,

expressed as a

percentage.* ^

This is an

indicator of the

extent to which

revenues raised

cover operational

expenses only or

available for

capital funding

purposes.

Standard is not met if the operating

surplus ratio is 0%

Achieving standard is met if the

operating surplus ratio is between 0%

and 15%.

Advanced standard is met if the

operating surplus ratio is greater than

15%

Current ratio or

working capital

ratio

Current assets

divided by

current

liabilities.

Expressed as

1:X, percentage

or decimal

figure * ^

This is a modified

commercial ratio

designed to focus

on the liquidity

position of a

Local government

that has arisen

from past years

transaction.

Standard is not met if this ratio is

any value lower than 1 as to 1.


ratio is equal to an expression of 1:1

or greater (e.g. 100% or 1.0).

Debt service

cover ratio

Annual

operating

surplus before

interest and

depreciation

divided by

annual debt

service

payments (both

principal and

interest).* ^

Also known as

‘debt coverage

ratio’,

This is the ratio of

cash available for

debt servicing to

interest, principal

and lease

payments.


lower than 2.

Achieving standard is met if this

ratio is greater than or equal to 2.

Advanced standard is met at a

higher level if this ratio is greater than

5.

Own Source

Revenue

Coverage Ratio

Own Source

Operating

Revenue

divided by

Operating

Expense

This ratio is the

measurement of

a local

government’s

ability to cover its

costs through its

own revenue

efforts.


lower than 0.4


ratio is between 0.4 and 0.9

Advanced standard is met if the

ratio is greater than 0.9

Asset

consumption

ratio (ACR)

Depreciated

replacement

cost of assets

(written down

value) divided

by current

replacement

costs of

depreciable

assets.*^

This shows the

written down

current value of a

local

government’s

depreciable

assets relative to

their ‘as new’

value in up to

date prices.

Standard is not met if ratio data

cannot be identified or ratio is less

than 50%

Achieving standard is met if ratio

data can be identified and ratio is

50% or greater

Standard is improving if ratio is

between 60% and 75%


52

Expressed as a

percentage.

The ratio

highlights the

aged condition of

the local

government’s

stock of physical

assets.

Asset

sustainability

ratio (ASR)

Capital

expenditure on

replacement or

renewal of

assets divided

by the

depreciation

expense.*^

Expressed as a

percentage.

This measures

the extent to

which assets

managed by the

local government

are being

replaced as they

reach the end of

their useful lives.



than 90%


data can be calculated and ratio is

90%


between 90% and 110%

Asset renewal

funding ratio

Net present

value of

planned capital

expenditure

based on

current

Departmental

guidance on

renewals over

ten years

divided by the

net present

value of the

required capital

expenditures on

renewals over

the same

period.*^

Expressed as a

percentage.

This indicates

whether the local

government has

the financial

capacity to fund

asset renewal as

required, and can

continue to

provide existing

levels of services

in future, without:

additional operating income; or

reductions in operating expenses; or

an increase in net financial liabilities above that currently projected.



than 75%


data can be identified and ratio is

between 75% and 95%


between 95% and 105% and the

ASR falls within the range 90% to

110% and ACR falls within the range

of 50% to 75%

Ref: INTEGRATED PLANNING AND REPORTING ADVISORYSTANDARD

WA Department of Local Government

September 2016

The Council’s LTFP will be monitored and progressively revised so that all primary indicators

fall within their respective target ranges and then be maintained. Where primary indicators

fall outside the acceptable limits, Council will take corrective action and revise plans so that

indicators return to acceptable levels within the 15 year planning period.

The primary financial sustainability indicators are the long-term financial rules which will guide

Council in making financial decisions and the target and acceptable ranges may be varied


53

by Council over time.

Secondary financial sustainability indicators will be developed that will

be useful benchmarks or cross-checks to consider in conjunction with the primary indicators.

They are not ‘the rules’ in themselves, but they are intended to be helpful to assess the

wider impacts of plans and decisions. Comparisons may also be made with other councils

or industry benchmarks, and non-financial social and community sustainability indicators

will also be considered in all planning and decision-making.

The ranges established for the primary financial sustainability indicators allow for some

impact of future uncertainties and contingencies so that ongoing financial sustainability can

be maintained. In addition, Council will prudently set aside reserves to fund future

expenditure requirements. However, it is impossible to plan for every eventuality (e.g.

natural disasters or major legislative changes impacting on local government), and Council

may be required to undertake short-term corrective actions in the future to respond to

unexpected events and immediate challenges to financial sustainability.

Management and Review

Council will manage the LTFP through the annual planning process, updating and

maintaining the 15 year financial sustainability model and indicators, and the budgeting

and review process. This will ensure that planned long-term service and infrastructure

levels and standards are met without a need to unexpectedly increase rates and charges or

reduce services.

The 10 year financial sustainability model will be utilised on an as need basis for strategic

financial proposals or financial impacts, and for the Annual Budget process. The LTFP is

reviewed annually in conjunction with the updating of Strategic Community Plan (SCP),

Corporate Business Plan (CBP) and the Strategic Asset Management Plan (SAMP).

This review will consider Funding (rating, grants and fees and charges), Asset Management

(maintenance, renewals, replacement, acquisitions, disposals) and Service Levels (operating

expenditure, full cost attribution, fully commercial).

The outcomes from the LTFP will form the basis for the development of the Council’s budget

for the following financial year. Progress towards the goals established in the LTFP will be

monitored throughout the year through review of performance against budget on a monthly

basis. On a half yearly basis, the financial sustainability model and indicators will be reviewed

based on current financial forecast and trends. The quality and accuracy of the financial

sustainability model data will be reviewed and findings will be incorporated in the following

financial year’s budgeting process.


54

ELM13 Affixing of the Shire of Ashburton Common Seal

Aim To establish the circumstances under which the official Council Common Seal may be affixed to documents.

Application Elected Members & CEO


Local Government Act (1995) S2.5(2) & S9.49

Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership



Last Review 2018

Next Review 2022


1. Affixing the Common Seal

Under section 9.49A of the Local Government Act 1995 –

a. the Common Seal cannot be affixed to a document except as authorised by the

Council;

and

b. the Common Seal must be affixed to a document in the presence of –

(i) the Shire President (or, if section 5.34 applies, by the Deputy Shire President); and (ii) the CEO or an employee authorised by the CEO;

each of whom is to sign the document to attest that the Common Seal

was affixed.

2. Documents requiring the Common Seal to be affixed

The Common Seal is to be affixed only to documents required by Legislation to be

executed using the Common Seal eg., Transfer of Land Act 1893.

3. Procedures for the use of the Common Seal

The Chief Executive Officer is responsible for the security and proper use of the

Common Seal.

4. Wording of the Common Seal clause

If the legislation is silent on the wording of the Common Seal clause then the

following shall apply:

Example – Where the Common Seal is Affixed by Resolution of Council

DATED: __________20__

The Common Seal of the Shire of [name] was affixed by authority of a resolution of

the


55

Council in the presence of:

___________________________

[INSERT NAME OF PRESIDENT]

PRESIDENT

___________________________

[INSERT NAME OF CEO]

CHIEF EXECUTIVE OFFICER

5. Common Seal Register Entries in the register are to indicate; (a) the document to which the seal was affixed; (b) the date the seal was affixed; (c) the people who have attested to the seal being affixed to the document; (d) the date on which the Council resolved to make the decision or enter into the

contract to which the document relates; and the date on which the Council resolved to grant authorisation for the seal to be affixed to the relevant document.

6. Security of the Common Seal

The CEO is to make appropriate arrangements for – (a) keeping the seal in a safe and secure location; and (b) the appointment of a person who is to have custody of the seal.

7. Associated Documents

Internal:

SOA CEO 094 Use of Common Seal Register (Form)


56

ELM14 Governance and Policy Manual

Aim To assist the Council to achieve its commitment to excellence in Governance

Application Elected Members & Staff


Local Government Act (1995)




Last Review 2017

Next Review 2019


Preface

Corporate governance is a system of processes through which an organisation makes

decisions and how it directs, controls and monitors its operations. The systems are complex

and are required by legislation. The Governance Manual will assist the Council to achieve its

commitment to excellence in governance.

The Manual links the respective roles under the Local Government Act and other relevant

legislation with the suite of available governance documents. It is designed to provide

guidance and information to the major participants in all functions and governance

processes of the Council.

It will act as:

an introduction for new Councillors and staff members to the governance framework and processes for the Council;

a guide and reference for Councillors in performing their duties as elected representatives;

a document that establishes clear guidelines for the day-to-day governance of the Council.

a basis to monitor the performance of the Council and administration in working towards excellence in governance.

The manual has been based on a number of existing governance frameworks, but in

particular “Excellence in Governance for Local Government” produced by the Local

Government Managers Australia and CPA Australia.

The Manual is divided into five parts:


57

Part One: Principles, values and vision

The principles, values and vision establish the underlying aspects that should govern every aspect of Council corporate operations.

Part Two: Overview of corporate governance

This section introduces the need for a governance manual. It explains the importance of good governance and the critical factors to be considered for all stakeholders in governance processes.

Part Three: Council governance statement and framework

This part outlines the conceptual governance framework for the Council. It provides a statement of commitment to good governance principles within which all Elected Members and staff should operate. The framework highlights the inter-relationship between different aspects of good governance and illustrates how the Councillors and staff must work in a collegiate way to ensure strength and success in the Council’s governance practices.

Part Four: Detailed Guidelines for good governance practice

Provides more detailed guidelines on how good governance is carried out. The section covers roles and responsibilities, decision-making, accountability and sustainability.

Part Five: Appendix - Policies

Policies provided reference essential documents that support the governance

processes and procedures of the Council.

Summary

The Governance Manual will form the basis for a biennial corporate governance review

by Council which will assess the effectiveness of the Elected Members and

administration in achieving good governance.

Part 1: Principles, Vision and Mission

1.1 Principles

Clear principles govern how decisions are made by the whole organisation. All decisions

should be measured against the principles to ensure that the governance processes and

practices adhere to the overarching principles of operation. Individual elected members and

staff take specific responsibility for governance in their own activities. Individual actions in

governance must demonstrate values that reflect best practice in governance and alignment

with the agreed principles. The vision and values of the Council demonstrate how the five

principles above are incorporated in a Vision that provides the long term goals for the

Council. Five key principles have been identified to assist Council achieve excellence in

governance.

These are:

Principle 1. - Clear Vision And Culture.

Uniting in a clear vision and positive culture that respects the natural and built heritage of the Council as well as community needs and aspirations.

Principle 2. – Productive Roles and Relationships.

Valuing the different roles of the various elements of a local government and the need for positive working relationships between these elements.


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Principle 3. – Good leadership.

Demonstrating exemplary leadership qualities through effective decision-making and related management processes that reflect transparency, integrity and sustainability.

Principle 4. - Accountability.

Accounting for all local government activities and installing and maintaining systems which reinforce accountability and which communicate outcomes achieved to the community.

Principle 5. – Commitment to Sustainability

Making the right decisions for both now and for future generations, in careful monitoring of progress to avoid negative impact, and, in ensuring a positive change for improved results and outcomes.

1.2 Shire of Ashburton Vision

We will embrace our unique Pilbara environment and lifestyle through the development of

vibrant, connected and active communities that have access to quality services, exceptional

amenities and economic vitality.

1.3 Shire of Ashburton Focus

In the context of the Shire of Ashburton’s objectives to strengthen and diversify opportunities

and experiences for people living, visiting, working and learning in the Shire, strategies will

address the following six key areas:

Diversify and Strengthen the Economy

Focuses on ensuring that the Shire's economic base is robust, broad and able to service future growth

Include and Engage Our Community

Ensures lifestyle is enhanced by providing access to satisfactory health and educational services, as well as quality recreational, community and social services.

A Connected and Accessible Region

Addresses the need for people to have a high standard of access to their neighbourhood community, region and world by means of high quality transport and communication systems.

Conserve and Enhance the Environmental and Cultural Heritage

Ensures that the Shire's diverse natural, cultural and built environment is conserved

Community Safety and Security

Promotes an environment which is safe and secure from both natural and societal risks

A Well Managed and Contemporary Corporation


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Delivers effective and accountable governance and administration

within the Shire organisation, achieved by demonstrating:

Economic growth and diversity

Quality lifestyle and social wellbeing

Ecological sustainability and environmental management

Improved services and infrastructure

Best practice local government management

1.4 Strategic Planning Context

Integrated planning and reporting, gives local governments a framework for establishing

local priorities and to link this information to operational functions.

Legislation changes gazetted in August 2011 require compliance to this approach that can

be tabled to the size and structure of each local government as long as the principles and

practices of the framework are upheld.

Ref: A “plan for the future” - S5.56 (1) of the Local Government Act (1995)

Elements of the Integrated Planning Framework

The Strategic Community Plan responds to three questions put to the community and the

local government:

• Where are we now?


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• Where do we want to be?

• How do we get there?

The plan prioritises community aspirations giving consideration to:

• Social objectives.

• Economic objectives.

• Environmental objectives.

• Factors such as changing demographics and land use.

It is at least a 10 year Plan

The Corporate Business Plan activates the Strategic Community Plan by responding to:

• Council’s distillation and prioritisation of the community’s short, medium and long term

aspirations.

• Existing operational plans, priorities and external factors impacting on resourcing.

• The assessment and integration of services and business area plans.

The process through which the Corporate Business Plan is developed incorporates:

• Activating the Strategic Community Plan.

• Operations Planning - including:

− Asset Management.

− Financial Management.

− Workforce Management.

It is for at least 4 years

Ref: https://integratedplanning.dlg.wa.gov.au

Part 2 Overview of Corporate Governance

2.1 Governance in the Legislative Environment.

Local Governments in Western Australia are required to make decisions, report them and

implement them according to the provisions of the Local Government Act 1995 (the Act).

Other legislation regulates the way in which a local government exercises its authority in

areas such as Town Planning, Environmental Health and Dog Control.

The Act defines the roles and responsibilities of Elected Members and the Chief Executive

Officer to ensure that a local government fulfils its obligations and exercises its powers and

functions appropriately. Section 3.1 (1) of the act prescribes that the general function of a

local government is to provide for the good government of persons in its district.

To facilitate good government, local governments develop strategies and policies and

provide mechanisms and processes for their implementation as provided for in the Act and

its regulations The Governance Manual establishes the policies and processes by which the

Elected Members and the Chief Executive Officer undertake their respective roles.

2.2 Definition of ‘Good Governance’.

Just as the companies operating in the private sector has a requirement to adhere to

legislation and regulations governing compliance and behaviour, so do local governments in

the public sector.

https://integratedplanning.dlg.wa.gov.au/


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The

private sector has had a long standing involvement with governance issues, as reflected in

adoption of mechanisms such as the Australian Institute of Company Directors corporate

governance charter, which:

“…defines the roles and responsibilities of the ultimate decision makers in the organisation

and establishes a framework for strategic planning. It also defines expectations of the board

and delineates critical policies, such as strategies for risk management and the delegation of

responsibility.”

2.3 Excellence in Governance.

Governance is the process by which decisions are taken and implemented; the process by

which organisations go about achieving their goals; producing their outputs; and, the process

by which organisations are directed, controlled and held to account. It encompasses

authority, accountability, stewardship, leadership, values and culture within the organisation.

Excellence in governance occurs when it is underpinned by accountability, integrity,

openness and commitment to sustainability. It involves a focus on clarity of roles and

responsibilities, robust systems which support both internal and external accountability and

public access to decision making and information.

From a Local Government perspective, the establishment of a governance framework

reinforces the statutory authority and responsibilities of Council as a corporate body and

assists Elected Members and professional officers in the delivery of quality services. Central

to the achievement of these outcomes is the engagement of key stakeholders and intended

beneficiaries in the development and implementation of initiatives for the betterment of local

communities.

Effective outcomes are best achieved where the role and focus of Elected Members as a

collective corporate body, is directed to policy formulation and strategic development. The

role of the officers is to implement the policies and strategies of the corporate body through

an accountable, effective and efficient application of resources and assets.

Governance is based on the understanding that the Council and its Chief Executive Officer

and staff have different roles and responsibilities which, when combined, create the

environment for effective management and operation of the Council. It recognises that good

governance does not only apply to internal procedures but ultimately reflects in the

satisfaction of the residents and other stakeholders of the Shire both now and into the future.

Part Three: Governance Statement and Framework

3.1 Council Governance Statement.

Council considers that integrity, role delineation, accountability, a systems approach and

strategic management are applicable to local government. To ensure effective, transparent

and sustainable administration of the Council’s affairs, a governance framework has been

designed. The governance statement, key principles, values and framework aim to create a

strategic and accountable approach to management of the

Council as “pillars” of good governance. Collectively, appropriate policies, strategies and

procedures constitute the Council’s governance “foundations”.


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Accountability is unachievable without effective stewardship of the Shire’s financial, physical,

intellectual and natural heritage assets. Stewardship refers to the planning and management

required ensuring optimum use of assets to serve existing community needs and provide a

lasting legacy for future generations. It requires innovation, reflected in strategies designed

to encourage sustainable growth and prosperity, which are compatible with the unique

character and focus of the Shire.

3.4 Good Governance Principles

3.2 Council Governance Framework

The governance framework serves to bring together in a coordinated manner,

legislative issues and requirements affecting the Council, the governance statement

and its underlying strategies, policies and procedures. It depicts the values,

legislation of strategic directions as the pillars which support the activities of

Councillors, staff and stakeholders. The foundation stones of the framework are the

good principles and practices that are required for building good governance

throughout the organisation.

The fundamental objective of a corporate governance framework is to promote

stability, confidence and consistency of process by providing role clarity and certainty

of direction for the Elected Members and administrative office holders of the Council.

The basis for this governance framework can be found in strategic documents and

associated operational mechanisms which have been developed and implemented

pursuant to roles and functions prescribed by the Local Government Act 1995 (The

Act) and arising from the vision, values and goals enunciated in the Strategic

Community Plan.

3.3 Good Governance Practice

The increasing level of scrutiny now being directed to the operations and activities of

public bodies has created a need for full and open disclosure of the governance

systems which exist within these organisations.

Accountability is an essential element of good governance and applies to Elected

Members and Chief Executive Officer alike. From a political perspective,

accountability requires that the Shire President and Councillors of the Council are

accessible to residents and ratepayers so they may be responsive to community

issues and needs.

As the governing body of the Shire, the Council has the ultimate responsibility for

ensuring compliance with legislation and regulations. It is the Chief Executive

Officer’s responsibility to ensure that Council is provided with unbiased and relevant,

professional advice and information on which decisions are made. The Chief

Executive Officer is also responsible for the management of officers, financial

resources and the maintenance of effective and efficient systems, procedures and

processes which are necessary to meet the accountability requirements of the

Council.


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The following practices, as they relate to the five principles of

operation apply to the achievement of good governance at the

Council. A summary of the key practices that will govern actions for each principle is

provided below then further detail on each aspect is provided in the following sections.

Principle 1 - Vision and Organisational Culture

There is a clear vision and Strategic Community Plan that is produced through a comprehensive and inclusive process which is owned by all sectors of the local government.

There is a positive culture that promotes openness and honesty, in which questioning is encouraged and accountability is clear.

Principle 2 - Roles, responsibilities and relationships

There is clarity about the roles of local government and there exists a sophisticated approach to defining and implementing these.

There are effective working relationships that are promoted and supported within and between the Shire President, Councillors, CEO and administration.

Principle 3 - Decision-making and management

There are effective decision-making processes in place that reflect the transparency and accountability which underpin excellence in governance.

There should be robust and transparent financial management established and maintained to meet local government’s accountability to its stakeholders, particularly in terms of stewardship of community assets, both now and into the future.

An effective approach to the identification, assessment, monitoring and management of risks should be established and maintained.

Effective delegations should be implemented and maintained

There should be an active performance management system in place that enables Elected Members and officers to be openly accountable for their performance.

Principle 4 - Accountability

Consultation should be undertaken that is appropriate to the scope and potential impact of the matter. It should respect the position and opinion of all stakeholders. The outcomes of the consultation should be taken into account when the decision is made and feedback should be provided to those who participated.

The Council must account for its activities and have systems that support this accountability

The Council should establish internal structures that provide for independent review of processes and decision-making to assist the Council to meet its accountability to stakeholders.

Principle 5 Commitment to Sustainability

The Council will endeavour to keep up-to-date with all processes, methodologies and technologies which are capable of achieving improved outcomes for the Shire.

Awareness of practices that will lead to improved resource management, environmental protection and rehabilitation, stronger communities and added economic value will be raised within the Council and staff and across the community.

Potential environmental, social and economic impact of any project or decision will be considered.

Part 4 Detailed Guidelines for Governance Practice


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4.1 Vision and Organisational Culture

Vision

There is a clear vision and Strategic Community Plan that is produced through a

comprehensive and inclusive process which is owned by all sectors of the Local

Government.

The Council vision as stated in Part 1 is the driver that governs the culture of the

organisation. The vision has been generated as a united focus for the Shire.

Governance decisions and practice must at all times contribute towards achievement of the

vision.

Organisational Culture

There is a positive culture that promotes openness and honesty, in which questioning is

encouraged and accountability is clear.

The principles introduced in Part 1 will be demonstrated as an integral part of the

organisational culture. If all individuals involved in Shire governance apply the values, the

culture of the organisation will be one that has the greatest opportunity of achieving

excellence in governance.

In addition, the Elected Members and staff will strive to achieve the following eight elements

within its organisational culture:

Effectiveness in management structures and practices

Good communication including feedback

Learning

Ethical behaviour and codes of conduct

No conflict of interest

Support for frankness and openness

Confidentiality

Innovation

Effectiveness in management structures and practices

A good management structure will be maintained based on the organisation’s vision, with clear roles and responsibilities.

Responsibility and accountability will be delegated appropriately down the organisation.

Management will support clarity in responsibility and accountability and focus on outcomes.

There will be effective and efficient processes and systems in place.

Good communication including feedback

Good relationships will be developed between the various parts of the Shire.

Learning

Decision making processes will incorporate appropriate consultation, knowledge management and involvement.

There will be learning programs for Elected Members and officers designed to meet their skills and knowledge requirements.


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Ethical behaviour and code of conduct

The Code of Conduct and ethics will be owned and lived, particularly by leaders throughout the organisation.

The Council, Shire President, CEO and senior management will be models of appropriate behaviour.

No conflict of interest

An effective induction program will reinforce the organisation’s culture so that all people associated with the organisation recognise where conflict of interest may arise and how relevant action can be taken.

There will be agreement about different, but complementary roles of Councillors and officers.

Support for frankness and openness

Opportunities will be provided for open and frank exchange between Elected Members, management and staff.

Effective feedback mechanisms from the community will be established and maintained.

Confidentiality

Where issues of confidentiality arise, the Shire will be transparent about instances where confidentiality will be protected.

Innovation

The Shire will recognise that it operates in a changing environment and so must be aware of opportunities in those changes to improve the way the Shire operates.

The Shire staff will be encouraged to take reasonable efforts to keep abreast of current best practice and up to date technologies.

4.2. Roles, Responsibilities and Relationships

There is clarity about the roles of local government and there exists a sophisticated

approach to defining and implementing these.

4.2.1 Working Relationships

There are effective working relationships that are promoted and supported within and

between the Shire President, Councillors, CEO and administration.

Effective working relationships are promoted and/or supported by and between the Shire

President, Councillors, Chief Executive Officer and administration. It is a requirement that

initial officer contact by Elected Members is made through the Chief Executive Officer in

accordance with Council policy. Should an elected member wish to contact any other officer

directly, a request shall first be made to the Chief Executive Officer, who will assess the

request and advise the elected member of their decision.

Good corporate governance requires clear identification and definitions of responsibility and

a clear understanding of relationships between the organisation’s stakeholders and those

responsible for managing its resources. Very important relationships are those between:

The Shire President and the Councillors;

Elected Members and Elected Members;

The Shire President and the Chief Executive Officer;

Elected Members and the Chief Executive Officer; and

Elected Members and the administration.

Effective relationships are achieved and maintained at the Shire through:


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Parties agreeing on and respecting the differences in their roles.

Protocols being established based on the agreements about roles and responsibilities being followed.

Information and discussion about the various roles being included in Councillors’ induction processes.

Goodwill on the part of all parties to make governance work.

The administration accepting that local government is a level of government and that political activities of Council are legitimate. Councillors are accountable to their constituents as well as to the “corporate whole” and they have to be able to address these accountability requirements in a constructive manner.

There being a preparedness to tackle problems when they arise.

4.2.2 Council - Roles and Responsibilities

Under the Act the Council is a body corporate with perpetual succession, a common seal,

and is charged with responsibilities. The Shire has interpreted these responsibilities as they

are contained in the Act in conjunction with the Shire’s governance framework and this

governance framework and statement document provides the following guidance on the

range and scope of these following roles:

(a) Directs and controls the Shire affairs.

This role encompasses strategic planning mechanisms to ensure the continued viability and

performance of the organisation, the setting of strategic goals for the organisation and the

monitoring of the Shire’s performance against these strategic goals.

(b) Is responsible for the performance of the Shire functions.

This role provides that the Council bears the ultimate responsibility for the performance of

the Shire’s functions. It can exercise this responsibility through the development of

appropriate governance frameworks including delegations of authority and the determination

of an appropriate organisational structure.

(c) Oversees the allocation of the Shire finances and resources.

The Council exercises this role by adopting the Shire’s budget and long term financial plans.

It is advised by officers of the Shire who are responsible for the development of appropriate

financial controls and strategic documents.

(d) Determines the Shire policies.

The role of Council in setting policy is most effective when it is linked with a professional

organisation that implements these policies through the development of appropriate

management practices and work processes. Council policy should set the standards for the

administration to achieve and make strategic policy decisions that guide officers in their

decision making processes. Under the Act, a local government is a body corporate with

perpetual succession and a common seal.

4.2.3 Role of Elected Representation

The Council consists of nine members including the Shire President.

Councillors are elected from each of the Shire’s six wards. The Shire President is elected by

the Councillors.


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Local Government elections are conducted biennially on a fixed date

prescribed by the Act, with candidates elected to the office of

Councillor or Shire President as applicable, attaining terms of four (4) years.

Statutory Role of Councillors

Section 2.10 of the Act describes that the role of a Councillor is to:

represent the interests of electors, ratepayers and residents of the Shire;

provide leadership and guidance to the Shire community;

facilitate communication between the community and the Council;

participate in the Shire decision making processes at Council and Committee meetings; and

perform such other functions as are given to a Councillor by this Act or any other written law.

Each individual Councillor has a legislative requirement to fulfil this role. This governance

framework provides guidance to Councillors on how they perform this role at the Shire.

Individually Councillors have a responsibility to act as a conduit between the community and

the Shire. Not only must they represent the interest of the broader community on the

Council, but also as community leaders they must represent the interests of the Shire within

the broader community.

Whilst Councillors may be elected from an individual ward, their primary obligation is to

represent the interests of the broader community within the Shire. It is not appropriate for

individual Councillor’s constituent concerns to interfere with their decision making processes

in providing good governance of the Shire as a whole.

Elected Members sitting as Councillors are responsible and ultimately accountable for long

term financial planning, the annual budget and monitoring financial performance. In doing so,

each individual elected member thus accepts a joint and individual responsibility for the

financial outcomes.

Accountability and transparency is also facilitated through the standards and behaviour

maintained by members – most notably, through their adherence to legislation governing

declarations of financial and other interest where these arise, together with associated

implications for participation in any debate.

Elected Members rely on:

Financial advice and information from administration;

Input from internal and external auditors and the Audit and Risk Committee;

Elected Members must also seek whatever additional information they need to make

informed decisions.

Responsibilities of Council

The responsibilities of Council can be categorised into the following three key areas:

Legislative

The Council is responsible for adopting a set of local laws that reflect current community standards and provide for the good governance of the Shire. Council when making local laws must be aware of their legislative effect.


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Executive

The Council is responsible for overseeing the executive functions of the Shire and determines appropriate policies, strategies and functions for the administration to implement.

Quasi - judicial

The Council is responsible for applying factual situations to the legislative regime in a quasi-judicial manner under the Local Government Act, Town Planning and Development Act and other relevant legislation. This is explained in more detail at Part 4 “Councils Governance Tools” – Planning and Development Functions of the Council.

Accountability, stewardship, sustainability and innovation focus.

Accountability, stewardship, sustainability and innovation objectives are most effectively

pursued where the focus of Elected Members of Council centres upon:

Strategic planning, policy development and defining scope for delegation of powers and functions;

Allocating the Shire’s resources;

Monitoring performance of the Shire against adopted strategies and objectives;

Representing the interests of the community;

Appointing the Chief Executive Officer and participating in the performance review process of that officer.

Accordingly, the Council is required to be accountable and transparent by undertaking

deliberations and making resolutions within a framework which is factually based, non-

prejudicial and relevant to issues at hand.

4.2.4 Limitation of Member Liability

The Shire has the legal capacity of a natural person. As such, the Shire may instigate legal

proceedings in its corporate name and have proceedings taken against it. Section 9.56 of

the Act, summarised in Attachment 2 specifies the limitation that Councillors must be aware

of when taking office.

It is largely due to such legislative-based requirements, that local governments have

embraced strategies designed to mitigate the liability of members and officers, with liability

insurance protection and risk management now serving as a significant element of corporate

governance frameworks.

It is for these reasons that many organisations have developed and implemented processes

for identifying, analysing and mitigating risks which could prevent the achievement of

business objectives. These organisations have put control activities in place to manage risk

throughout the organisation by developing risk management plans that cover activities as

diverse as reviews of operating performance, information technology and management

information systems.

4.2.5 The Shire President Role

The role of the Shire President as provided under Section 2.8 of the Act is to:

a) preside at meetings in accordance with the Act; b) provide leadership and guidance to the community; c) carry out civic and ceremonial duties on behalf of the Shire; d) speak on behalf of the Shire;


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e) perform such other functions as are given to the Shire President by the Act or any other written law;

f) liaise with the Chief Executive Officer on the Shire affairs and the performance of its functions; and

g) otherwise fulfil the role of Councillor.

4.2.6 The Deputy Shire President Role

Section 2.9 of the Act enables the Deputy Shire President to perform the functions of the

Shire President, if:

a) the office of Shire President is vacant; or b) if the Shire President is not available, or is unable or unwilling to perform the

functions of Shire President.

4.2.7 Chief Executive Officer Role

The Chief Executive Officer’s functions as described under Section 5.41 of the Act are to:

a) advise the Council in relation to the functions of the Shire under the Act and other written laws;

b) ensure that advice and information is available to the Council so that informed decisions can be made;

c) cause Council decisions to be implemented; d) manage the day to day operations of the Shire; e) liaise with the Shire President on the Shire affairs and the performance of the Shire’s

functions; f) speak on behalf of the Shire if the Shire President agrees; g) be responsible for the employment, management, supervision, direction and

dismissal of other employees (subject to Section 5.37 (2) in relation to senior employees);

h) ensure that records and documents of the Shire are properly kept for the purposes of the Act, or any other written law; and

i) perform any other function specified or delegated by the Shire or imposed under the Act or any other written law as a function to be performed by the Chief Executive Officer.

Section 5.42 of the Act enables the Shire to delegate in writing to the Chief Executive

Officer, the capacity to exercise any of its powers or duties, with the exception of those

relating to:

a) actions in which a decision of an absolute majority or a 75% majority of the Council is required;

b) acceptance of a tender which exceeds an amount as determined by the Council; c) appointment of an auditor; d) acquisition or disposal of any property valued at an amount exceeding an amount

determined by the Council for the purposes of this paragraph; e) any of the Council’s powers under Sections 5.98A, 5.99A or 5.100 (determining fees,

allowances and expenses of members and Committee members); f) borrowing money on behalf of the Shire; g) hearing or determining an objection of a kind referred to in Section 9.5; h) carrying out any power or duty that requires the approval of the Minister or the

Governor; or i) such other powers or duties as may be prescribed.

This clear separation of elected member and Chief Executive Officer roles and

responsibilities as identified within the Act reinforces good governance principles. It also


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ensures that the Shire adheres to all statutory requirements whilst

meeting the expectations of its community.

4.2.8 Executive Management Role

In undertaking its functions and responsibilities, Council is supported by the Chief Executive

Officer and an Executive Management Group comprising the heads of the five Divisions,

namely:

Corporate Services

Development & Regulatory Services

Infrastructure Services

Strategic and Community Development

The Executive Management Group meets regularly as a basis for ensuring effective

coordination of the Shire’s operations and implementation of Council resolutions.

These meetings are complemented by operational meetings. Such forums are considered

important, both in enabling management information dissemination and also feedback by

officers. This promotes a whole of organisation approach for the Shire in the fulfilment of its

functions and responsibilities.

4.3. Decision Making and Management

4.3.1 Decision-Making

There are effective decision-making processes in place that reflect the transparency and

accountability which underpin excellence in governance.

The five stages in decision making which will be followed at the Shire are:

4.3.1.1 Agenda Setting –

This will be achieved through:

an effective and efficient strategic planning process which produces owned strategic goals; and

processes being in place which ensures Council plans are properly implemented.

4.3.1.2 Information Gathering –


ensuring the information gathered is sufficient to allow a decision to be made;

ensuring an effective process within the administration to convert information into advice;

providing good quality and timely Council reports which provide the necessary information, options and clear recommendations. The reports will always incorporate the corporate view of the issue in question, the financial impacts and any risks;

having workable and productive consultation processes in place that ensure that decision-makers are aware of the views of those whom the decision affects;

a sound process for identifying and distilling data into appropriate information;

agendas being structured so as to facilitate good decision-making processes.

4.3.1.3 Opinion Formation –


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This will be achieved through ensuring that Elected Members

understand the issues and have enough information provided to make

a decision.

4.3.1.4 Decision-making –


Council and Committee meetings being well chaired and conducted in accordance with Council Standing Orders;

facilitating participation and involvement while ensuring debate is relevant and succinct;

robust debate which ensures that all issues are aired. Although it is robust, the debate is conducted with courtesy and respect;

the Chair attempting to find common ground amongst Elected Members; opportunities being available for the community to participate appropriately;

Delegations where appropriate.

4.3.1.5 Implementation –


decisions being implemented in a timely manner;

solidarity among the Councillors once a decision has been made;

confidentiality being maintained wherever necessary.

4.3.2 Financial Management

There should be robust and transparent financial management established and maintained

to meet local government’s accountability to its stakeholders, particularly in terms of

stewardship of community assets, both now and into the future.

The Council will achieve this by:

Approving management’s Service Delivery Plans that reflect the services and projects identified for the relevant financial year as shown in the Corporate Plan.

Approve each year’s Annual Budget in accordance with the adopted Service Delivery Plans and the Long Term Financial Modelling.

Council through policy will determine the appropriate mix between borrowing for capital works and funding them from revenue. Council will consider the implications of its decisions on the level of capital works and infrastructure maintenance.

4.3.2.1 Funding Strategic Objectives

Section 5.56 of the Act requires that a local government prepare a plan for the future.

The Council must know the direction it is it is going long-term. Its vision and goals must be

properly reflected in the Strategic Community Plan. Council will take its final decisions about

the content of the Strategic Community Plan based on an understanding of the long-term

financial consequences of their decisions. To enable this to successfully occur, the following

steps will be implemented by Council:

Longer-term financial planning

Elected Members, sitting as Council, will determine the long term financial plan, and be

accountable for the process of developing it.

The delivery of the services identified in the Long Term Financial Plan will be in accordance

with the Shire’s strategic direction.


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The financial strategy should be consistent with the Council’s strategic

plan. That is, it must be able to fund its projects, functions and service improvements.

As part of responsible business planning, the Shire’s Long Term Financial Plan will detail the

significant programs and activities to be undertaken by the Shire over the next five years and

roll on each year with amendments and additions.

The Plan will provide a broad overview of where the financial resources of the Shire are

planned to be directed over this period and the manner in which these activities will be

funded.

The implementation of a Long-Term Financial Model that can be used to align capital and

operating expenditure requirements with income streams complies with Council’s rating

strategy and policy.

The rating system

The rating system at the Shire will reflect the Council’s strategy and vision for the future of

the Shire. The rating levels and mix will represent a fair distribution of the rate burden across

the community and Council’s policies on appropriate taxation contributions from different

sectors of the Shire.

Council’s approach to rating will incorporate the concept of intergenerational equity; that is;

the way the rating burden is spread between current and future generations of ratepayers of

the Shire.

Council will be informed whether the rates outcome, which was envisaged in the Long Term

Financial Plan, is still appropriate and consistent with all objectives of the Community

Strategic plan.

Mindful of the role outlined under Section 2.10 of the Act, Councillors must assess if the

budget delivers what the Council wishes to achieve.

4.3.3 Annual Budget

Developed as part of sound business management, the annual budget provides a framework

for allocation of financial, physical and administrative resources required in pursuing the

Shire’s objectives for the proceeding twelve month period. The annual budget will be

developed within the following framework:

4.3.3.1 Process

The Executive Group will annually develop a budget preparation timetable and process

which meets Councils statutory requirements and gives enough time to resolve major issues.

The Director Corporate Services will ensure that Council is given adequate time to have the

opportunity to work through key issues.

4.3.3.2 Consistency with Financial Plan

Council’s Long Term Financial Plan will provide broad guidance for the budget. The Long

Term Financial Plan will be reviewed at least annually to incorporate the long term impact of

any significant current decisions which are not consistent with the plan.


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4.3.3.3 Information

Information will be presented to Council by officers through reports

that enable Council to make informed decisions.

4.3.3.4 Community input

Opportunities will be provided to enable the Community to have input into the plan for the

future through an advertising process.

4.3.4 Financial Reporting – Performance against Budget

4.3.4.1 Statutory Compliance

The Shire recognises that when decisions are made by Council, when resolutions are acted

upon and when performance outcomes are reported, it is important that the requirements of

any legislation and/or regulations are complied with, especially because of the reporting

requirements of the Statutory Compliance Return.

Compliance will be pursued through ensuring the integrity of the key financial planning and

reporting mechanisms which underpin the Shire’s operations – especially the Annual Budget

and Annual Report, and supplemented by internally based performance measurement

instruments such as Reports from each division.

Compliance with key financial and statutory requirements is assessed through the audit

schedule conducted in accordance with the Act by professionally qualified internal and

external parties as appointed by the Shire. Financial reporting to Council will as a minimum

be in accordance with its statutory requirements.

4.3.4.2. Content

The focus of financial reports to Council is to provide accurate information about the Shire’s

overall financial position.

Councillors, when considering the financial reports, will satisfy themselves that the

information they are given reflects the actual situation of the Shire. Councillors will ensure

that they understand sufficiently about the financial indicators for them to ask appropriate

questions and interpret the responses.

4.3.5 Annual Report

The Annual Report has its basis in the Act, but also serves as the vehicle by which the Shire

can evaluate, monitor, control, improve and report on the outcome of its activities over a

particular financial year.

The Annual Budget should reflect the priorities expressed in the Strategic Community Plan

and the Annual Report should indicate the extent to which those priorities have been

achieved.

4.3.7 Services and funds

Council will:

monitor on a regular basis (every 2 years) community satisfaction with the levels of service it provides

have appropriate user charges for its services and facilities.

be mindful of the proportion of rate revenue required to meet operational and capital costs for the Shire.


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comply with government policy

where appropriate, seek to obtain other avenues of financial assistance such as grants, being mindful of the implications of accepting any grant including financial and management obligations

Ensure costs can be recognised and recovered appropriately.

4.3.8 Capital works and debt servicing

Key assets will be maintained.

Any borrowing must be sustainable and not impose an unacceptable level of debt servicing.

Council will be informed on the proportion of rate revenue required to service debt and decide whether it is appropriate for the Shire.

4.3.9 Accountability and policy

Council will meet its legislative and financial reporting requirements.

Council will meet its accountability requirements to the community in terms of stewardship of assets.

Council will strive to achieve best practice in financial policies and practices.

Council will leave an appropriate legacy for future Councils.

4.3.10 Audit

An Audit Committee will be appointed by Council. Council has professional external auditors

appointed by itself or post 2017/18 financial year, the Auditor General of WA .

4.3.11 Risk Management - An effective approach to the identification, assessment,

monitoring and management of risks should be established and maintained.

The Shire’s performance in implementing effective risk management strategies and

adherence to sound business practice is reinforced through access to independent legal

advice, the completion of the annual statutory compliance audit, and the annual financial

audit undertaken by professional external auditors as required by the Act.

The Shire maintains a wide range of assets including:

• Infrastructure assets; • Real property; • Financial assets; • Information assets and intellectual property and • Natural and heritage assets. The Shire takes an active approach to risk management in the conduct of its business

through the implementation of a number of specific and organisation wide initiatives.

This risk management strategy involves the Shire identifying, collating and treating all the

identified risk (internal and external) to ensure a coordinated approach that effectively

minimises business, financial and physical liability to the Shire’s operations.

The Council will ensure the risk management program is of the standard required to meet its

fiduciary obligations to:

safeguard assets

ensure there are sufficient monies to meet its financial obligations when due

prevent and detect fraud

ensure accuracy and completeness of accounting records.


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Controls and risk minimisation processes have been implemented in

the form of:

An Audit & Risk Committee

Formal processes whereby strategic and operational business risks and activities are considered by the Council.

Review processes and reporting requirements that monitor compliance of service providers with their contracts.

Formal procedures for the safeguarding of assets. The procedures include accounting, financial reporting and internal control policies.

Regular reporting to the Council on financial and non - financial areas of Council operations.

Process mapping of procedures

Internal control and risk management procedures are set out in the following documents:

Procedures and Controls

CORP2 Misconduct Prevention Management Directive

CORP5 Risk Management Policy

Risk Management Statements

Liability Insurance

Asset Insurance

Financial Controls

Delegations Register

Auditor reviews in place for quality Assurance

4.3.12 Delegations

Effective delegations should be implemented and maintained. Delegations of authority are

required in order to provide officers of the Shire with the power to exercise duties and make

determinations. It is essential that the Council’s delegations are performed in accordance

with the adopted governance framework and are compliant with relevant legislation. The

Shire is required to keep records on the exercise of its delegations.

Council may delegate authority to the Chief Executive Officer and other nominated officers

under the provisions of the Local Government Act 1995, Health Act 1911, Strata Titles Act

1985, Caravan Parks and Camping Grounds Regulations 1987 and the Shire’s Town

Planning Scheme to perform some of its functions and duties.

The Act and associated regulations allow the Chief Executive Officer to delegate to any

other officer the authority to perform functions and duties that are exercisable by the Chief

Executive Officer under the Act or that have been delegated to the Chief Executive Officer

by the Council.

This is in accord with a governance framework whereby officers are responsible to the Chief

Executive Officer and the Chief Executive Officer is responsible to Council. Similarly the

Chief Executive Officer is responsible for the implementation of Council decisions and may

delegate some of this responsibility to other officers of the Shire.

All delegations are to be recorded in a register established for the purpose (as required by

the Act) and reviewed annually. The Chief Executive Officer will advise Council of any

decisions that have been made under delegated authority.


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Under the provisions of Town Planning Scheme Council may delegate

authority to certain officers other than the Chief Executive Officer. If

such a delegation is exercised Council shall be advised.

4.4. Accountability

Local government must account for its activities and have systems that support this

accountability.

Excellence in governance is based on the premise that those who are involved in

governance are held accountable for what they do. Accountability at the Shire means the

Elected Members and management taking responsibility for their performance.

Elected Members and management at the Shire accept they are accountable under

legislation in terms of how the Council operates and reports. This also extends to other

measures such as:

Risk management systems implemented and maintained to ensure that community assets are protected.

Internal Audit and Risk Committee focused toward providing assurances to all stakeholders that processes and procedures are being adhered to and that financial reports are accurate.

A consultation policy to support good decision making by ensuring Elected Members are aware of the views of those who will be affected by any decision.

4.4.1 Performance Management

There should be an active performance management system in place that enables Elected

Members and officers to be openly accountable for their performance.

The Shire will put in place a range of mechanisms to ensure that performance is measured,

reviewed and improved and thereby enable remedial action to be taken, where necessary.

The Shire is committed to the development of appropriate performance measures in financial

policies and strategic plans to ensure long term viability.

Ongoing financial performance will be monitored through internally and externally based

systems and processes, with associated reporting at the Executive Management Group and

Council.

Effective coordination between the strategic and operational elements will be maintained

through a regular report to Council which is based on the Strategic Plan, Long Term

Financial Plan and agreed service levels.

4.4.2 Chief Executive Officer Performance Management

The Chief Executive Officer is appointed by the Council and is directly accountable to it. The

Council is accountable for setting the Chief Executive Officer’s performance plan and

subsequent monitoring of his or her performance. This responsibility belongs to Council

sitting as the Council and is not the responsibility of individual Elected Members.

Council has established a Chief Executive Officer’s Performance Review Panel which is

responsible for;

Undertaking a performance appraisal of the Chief Executive Officer in accordance with the provisions of Section 5.38 of the Local Government Act 1995 and in


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accordance with the terms and conditions of the employment contract of the Chief Executive Officer.

Managing and conducting the performance appraisal of the Chief Executive Officer in order to meet both Council’s statutory obligations in accordance with the requirements of Section 5.38 of the Local Government Act 1995 and any terms and conditions of the employment contract of the Chief Executive Officer.

Determining and setting in place an appropriate review process;

Consulting prior to determining and setting in place an appropriate review process, with each of the Elected Members at the time and taking account of their respective views;

Using the resources and professional advice of a mutually agreed and independent consultant to determine the process and plan and conduct the review;

Negotiating and setting goals, objectives, key performance indicators and changes to the remuneration package within the terms of the Chief Executive Officers contract. Any goals, objectives, key performance indicators or remuneration package changes so negotiated and set must be acknowledged in writing by both the Shire President and the Chief Executive Officer; and outlined

Briefing all Elected Members on the outcomes of the review.

4.4.3 Independent Review

Local governments should establish internal structures that provide for independent review

of processes and decision-making to assist the Council to meet its accountability to

stakeholders.

Independent Review will be sought as appropriate through the following ways:

Audit & Risk Committee

Internal auditors

External auditors

3rd party certifications

4.4.4 Customer Consultation

Consultation should be undertaken that is appropriate to the scope and potential impact of

the matter. It should respect the position and opinion of all stakeholders. The outcomes of

the consultation should be taken into account when the decision is made and feedback

should be provided to those who participated.

The Shire will maintain and regularly review a Customer Service Charter which details the

levels of service a customer can expect from the Shire, concentrating on the areas of service

that our residents have indicated are the most important.

The Shire is prepared to explore new and innovative methods of service delivery in order to

provide improved access to information and enhance customer interaction.

The Shire is committed to fostering high levels of public awareness of its activities, by

providing its residents and ratepayers with access to a wide range of information. Any policy

or planning developments will be fully inclusive of the affected Ward’s representatives.

In addition to meeting the state wide and local public notice requirements prescribed by the

Act in respect to particular proposals and activities, the Shire will also ensure that

information is available by electronic means. The Shire will utilise the local press for notifying

residents about important issues Information will also be posted on its official notice board

located at the Administration Centre. The Shire Newsletter will continue in its role as a


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mechanism for disseminating information and encouraging feedback

on key strategies, projects and significant Shire events.

Increasingly, the Shire’s website at: www.ashburton.wa.gov.au will serve as the focal point

for providing up to date information and service delivery information to ratepayers and

residents.

Public consultation involving residents and ratepayers is facilitated by the Shire through a

range of mechanisms which includes; information provision, consultation, public comment,

Special Meetings and Annual General Meetings.

4.5. Commitment to Sustainability

4.5.1 Sustainability Principles

The Shire will meet its commitment by ensuring that planning, reporting and decision making

are conducted using contemporary sustainability principles.

4.5.2 Sustainability Outcomes

The Shire will endeavour to keep up-to-date with processes, methodologies and

technologies which are capable of achieving improved outcomes.

The Shire will:

Identify, assess and manage risks to employees, contractors, the environment and communities

Strive to achieve industry best practice

Meet and where appropriate, exceed the minimum performance standards required by legislation.

Set and achieve targets that include reducing and preventing pollution

Develop our people and provide the resources to meet our targets

Support the fundamental human rights of employees, contractors and the communities in which we operate

Care for the environment and value cultural heritage.

Communicate with, and engage employees, contractors, business partners, suppliers, customers, visitors and communities to build relationships based on honesty, openness, mutual trust and involvement

4.5.3 Sustainability Practices

Awareness of practices that will lead to improved resource management, environmental

protection and rehabilitation, stronger communities and added economic value will be raised

within the Council and staff and across the community.

Organisational Teams will support sustainability by

Integrating service delivery across departments.

Minimising the consumption of energy, water and other resources, by reducing waste and maximising recycling.

Reducing vehicle use, maximising fuel efficiency, promoting alternative fuels and modes of travel to offset greenhouse gas emissions.

Incorporating sustainability considerations into the design, procurement, leasing, construction, maintenance and management of Council assets and to the management or development of Council owned land.

Continually improving their knowledge about sustainability through education and training.



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Implementing occupational health and safety measures in the workplace to improve environmental, economic and social outcomes.

4.5.4 Sustainability Monitoring

Potential environmental, social and economic impacts of any project or decision will be

considered.

Sustainability is not an outcome in itself, but is a process towards improved outcomes in

social, economic and environmental terms.

Reviewing progress in that process is important for the Shire to assess its level of success

and learn from its own processes.

4.6 Support for Elected Members in the Governance Process

Elected Members are encouraged to attend training offered by the Local Government

Department or the WA Local Government Association to better enable them to carry out their

Civic Duties.

Training needs, advice or resource needs can be facilitated by the CEO or relevant

delegated officers.

The Department of Local Government and Communities offers advisory and support

services for Elected Members. Guidelines are available through their Website

www.dlg.wa.gov.au, or by contacting the Department on 08 92171500, or Free call

1800 620 511

Corporate Governance Standards AS 8001 – 8004 can be purchased by Staff (subject to

Budget) from Standards Australia – www.standards.com.au

http://www.dlg.wa.gov.au/

http://www.standards.com.au/


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ELM15 Elected Member Business Wear

Aim The policy provides a guide for the type of business wear available to all serving Councillors.

Application Elected Members


N/A




Last Review 2018

Next Review 2022


A non-compulsory wardrobe of uniform style clothes is to be supplied upon request to

Councillors up to the following maximum annual allowance –

1. All Councillors 1 x formal jacket • Shire crest embroidered on front left pocket • A gold badge with the Shire of Ashburton crest and Councillors name

2. Female Councillors

2 x Blouses • Word ‘Councillor’ embroidered above the Shire logo 2 x Complementing scarves 2 x Polo shirts (including NAIDOC if commissioned)

3. Male Councillors

2 x Shirts • Word ‘Councillor’ embroidered above the Shire logo

2 x Ties 1 x Tie Pin with Crest 2 x Polo shirts (including NAIDOC if commissioned)


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ELM16 Elected Members Record Keeping Policy

Aim

Local governments must ensure that appropriate practices are established to facilitate the ease of capture and management of elected members records up to and including the decision making process of Council

Application Elected Members


Local Government Act Section 2.7 – The Role of Council, State Records Act (2000), Freedom of Information Act (1992)




Last Review 2015

Next Review 2020


OBJECTIVES

Provide guidance to elected members in regards to their record keeping responsibilities in

line with legislative requirements.

Provide record keeping principles that identify and protect local government records of

continuing value.

Provide guidance on the disposal of local government records, particularly those that have

no continuing value.

Define strategies that will support and document accountability and responsibility throughout

local government.

STATEMENT

Elected members records are important and necessary as they serve a history of the

transaction and business process of local government and member accountability functions

arising from their participation in the decision making processes of Council and Committees.

Some local government records created and received by elected members have continuing

value to Council and should be incorporated into the Shire’s record keeping system. Some

records have no continuing value to Council and may be destroyed when reference to them

ceases. (GDALG – General Disposal Authority for Local Government Records, ref 1.1)

DEFINITIONS

Record as defined in the (General Disposal Authority for Local Government Records

RD2010046 GDALG ref: 1.9) information recorded in any form created or received and


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maintained by an organisation in the transaction of business and kept

as evidence of such activity and includes:

“anything in which there is writing or Braille”;

a map, plan, diagram or graph;

a drawing, pictorial or graphic work, or photograph;

anything on which there are figure marks, perforations, or symbols, having a meaning

for persons qualified to interpret them;

anything from which images, sounds or writings can be reproduced with or without

the aid of anything else; and

anything on which information has been stored or recorded, either mechanically,

magnetically, or electronically.

RECORDS CAPTURE AND CONTROL

Types of Records created and received by Elected Members

The following guidelines relate to the records created in any format (e.g. paper, word

processed documents, email) or received by any method (e.g. post, fax, email, hand

delivered). Elected members can forward records of continuing value to the Council for

incorporation into the record keeping system.

All records created and received in the course of the Shire’s business regardless of the

format are to be captured into the Shire’s record keeping system. Elected members can do

this by:

Forwarding emails to [email protected] , this email address is

monitored by the CEO’s Administration Staff who will capture the record for elected

members

EMACCESS documentation will be recorded by the CEO’s Administration Staff

The Website discussion board will be monitored by our Web Host Key to Creative.

Any additions to this website will be included in the weekly records reports.

Hard copy record can be given to the CEO’s Administration Staff at the conclusion of

the Council meetings.

Records access:

Elected Members – Access to the Shire’s records will be via the CEO Executive

Administration Staff in accordance with the Local Government Act (1995)

GUIDELINES

Government Records of Continuing Value

Government records of continuing value are records created or received which –

1. Contain information that is of administrative value to Council. These records may be

referred to for many administrative purposes, including the need:-

To check an interpretation of Council policy or the rationale behind it,

To check the facts on a particular case or provide information to

management,

To monitor progress and coordination of responses to issues,

To document formal communications and/or transactions (e.g. a minute,

report or submission) between elected members and another party, and

To document elected members’ decisions, directives, reasons and actions.

mailto:[email protected]


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2. Contain information that is of legal value to Council on the

basis that there are statutory requirements or court orders that

stipulate the retention of records, which must be observed.

3. Contain information of fiscal value to Council that includes original records

documentation the receipt, expenditure and control of public money that must be left

for a period of time, and will facilitate transparent accountability by the officers

responsible.

4. Contain information about the legal rights and obligations of Local Government

including elected members, ratepayers, organisations and the general community.

5. Contain information of historical value to Council and to the State.

Government Records External in nature to the Shire of Ashburton:

Elected members are involved in external meetings as part of their role as an Elected

Member of the Shire. (GDALG ref: 25.2, 25.3, 25.4, 73)

Information where the Agenda is not replicated in the Council Minutes and/or copies of

agendas of meetings and minutes should be recorded into the Shire of Ashburton’s

record keeping system.

Diaries, appointment books and desk calendars (e.g. bunch dates) are generally used to record appointments. They may also be used to record messages and notes, some of which may only be an aide memoire of a routine nature, and some of which may be significant to the conduct of Council business. (GDALD ref: 38) NB. It is strongly recommended that elected members maintain separate diaries or appointment books for personal and official use.

Correspondence addressed to elected members at their private address or post box that

is a government record and is of continuing value should be forwarded for incorporation

into Council’s record keeping system along with any response which the elected

member may have made.

Messages and other facilitating instructions may be sent or received via a range of

methods, such as telephone and voice-mail, post-it notes or sticky notes, facsimile,

pieces of paper, transmission reports. Email and facsimile are considered records.

Government Records Internal in nature to the Shire of Ashburton:

Correspondence addressed to elected members at the Shire office, including those

marked Private, Confidential, Personal are opened by designated officers, and if of

continuing value, incorporated into the record keeping system, before forwarding to the

elected member via the Records Department and CEO’s Administration Staff.

Drafts of addresses, speeches, reports, correspondence, file notes that are not circulated

to other elected members or staff of the Council, and of which the final version has been

produced and forwarded for incorporation into the Council’s record keeping system.

(GDALG ref:1.6)


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Drafts circulated to other elected members or staff of the Council,

where only editorial or typographical changes have occurred, and

of which a final version has been produced and forwarded for incorporation in the

Council’s record keeping system.

Duplicates of records issued to an elected member by the Council for information or reference purposes only and where the original or authorised copy is captured in the Shire’s record keeping system.

Duplicates of internal or external publications issued or received for information or reference purposes (e.g. annual reports, brochures, trade journals, price lists).

Routine facilitative instructions, such as edit corrections, distribution lists for information

purposes, simple administrative instructions and social invitations and messages.

Original messages that have been transferred or transcribed into appropriate formats for

incorporation into the Council’s record keeping system.

Working papers, background notes and reference material that are used to prepare or

complete other documents. (GDALG ref: 1.9)


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ELM17 Anonymous Communications Policy

Aim This policy outlines how the Shire of Ashburton will act upon information contained in anonymous letters and other anonymous communications.

Application All Staff


Local Government Act 1995 Section 3.58(3)(b)

Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Work & Team Environment



Last Review 2015

Next Review 2019


AIM

To provide a consistent approach to dealing with anonymous letters and communications.

POLICY STATEMENT

Background and Existing Communication Pathways

Shire of Ashburton takes allegations of irregularities very seriously and welcomes comments

and suggestions about how our services could be improved. The Shire of Ashburton has

developed Policies and Procedures to provide individuals and groups with the opportunity

and channels to voice concerns in a safe manner. The Shire of Ashburton strongly

encourages that such policies and procedures are followed as appropriate to the

circumstances.

These existing policies are:

CORP2 – Misconduct Prevention Pack

EMP16 – Grievance Resolutions

EMP01 – Equity of Opportunity

These policies provide confidential pathways in recognition of the potentially sensitive nature

of the concerns being raised and allow for the withholding of identities within legal

constraints. These do ask that individuals or groups identify themselves and put their names

to allegations to senior or independent persons at the levels in the organisational structures

chain where they feel safe and secure in doing so.

Anonymous Communications

On occasions however, individuals and groups choose not to disclose their identity and

submit anonymous letters. The purpose of this policy is to explain how the Shire of


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Ashburton will act on information contained in anonymous letters and

other anonymous communications.

DEFINITION OF ANONYMOUS LETTER OR OTHER ANONYMOUS COMMUNICATION

A letter or communication giving no name, identity, address or identifying factors of the

sender.

INITIAL CONSIDERATIONS

Any member of staff receiving an anonymous letter or communication should without delay

refer the matter to their line manager or to an appropriate senior manager. The manager will

without delay refer the matter to the Chief Executive Officer.

SHIRE OF ASHBURTON DISCRETION

Section 3.58(3) (b) of the Act states:

It considers any submissions made to it before the date

specified in the notice and, if its decision is made by the council

or a committee, the decision and the reasons for it are recorded

in the minutes of the meeting at which the decision was made.

It is noted that the above provision makes reference to the consideration of any submissions.

It is considered that all submissions made to council, including anonymous submissions,

should be considered by council. However, the Shire of Ashburton reserves the right to edit

from the letter those parts it deems to be offensive, an attack on a person’s character or

inappropriate and have no direct relevance to the proposal.

The Shire of Ashburton reserves the right to exercise its discretion whether to investigate anonymous disclosures.

The Shire of Ashburton reserves the right to take each allegation on its own merits and invoke procedures as necessary.

The Shire of Ashburton reserves the right to take no action.

The exceptions to these approaches will be any anonymous letters which allege criminal

offence, fraud or irregularity, abuse of an elected or staff member or, are accompanied by, or

there exists supporting information which suggests the allegation can be substantiated.

WHEN DECIDING WHAT ACTION TO TAKE, THE FOLLOWING WILL BE CONSIDERED

Seriousness of the issues raised criminal and legal implications.

Credibility of the concern

Whether sufficient information is provided to corroborate the allegation(s) and enable an investigation to be carried out

Fraud and any other irregularities detrimental to the Shire of Ashburton

VEXATIOUS AND MALICIOUS ANONYMOUS LETTERS

Letters, or any form of communication considered to be vexatious and malicious will be

forwarded to the appropriate authorities and the Shire of Ashburton will provide full support

for those authorities to carry out their investigation. Should members of the Shire of

Ashburton be found to have written vexatious and malicious anonymous letters, disciplinary

action will be taken up to and including dismissal.


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ELM18 Community Projects Letters of Support

Aim To provide clear guidelines to the Elected Members and Shire Staff regarding community projects where letters of support from the Shire of Ashburton are requested.

Application All Elected Members & Staff


N/A



Monitor and Review Community Services

Last Review 2015

Next Review 2019


AIM To acknowledge and support the Shire of Ashburton community projects where letters of support are requested. The Shire of Ashburton recognises that it has a major role in creating and developing a strong, cohesive community where people support each other and work together to achieve their desired quality of community life. OBJECTIVE Council will support projects, services, programs and facilities for the community which are:

Planned and Coordinated – Council recognises services to the community are best delivered in a holistic, coordinated manner and that any council planning processes such as recreation planning must consider the needs of the community and must be considered before a letter of support is written.

Efficient and Accountable – Council will support services for the community that are delivered in an effective, competitive and accountable way.

Participative – Council recognises the importance of the community being involved in the design, development and management of services and facilities that will be utilised by them.

Accessible – Council wishes to ensure that the community have access to the range of services and facilities offered in the community.

Collaborative Partnerships – Council recognises and encourages the collaborative efforts of individuals and agencies working in partnership with the Shire.


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METHOD

1. Requests should be received by the Shire with a minimum of five working days’ notice prior to the required date.

2. A request for a letter of support (or a Referee request, where specific funding bodies

do not accept letters of support) is to include::

a. An overview of the application organisation;

b. Full contact details of the organisation including name and contact details of the relevant person in relation to the proposed project.

c. Details of the proposed project (including how the project meets the objectives of the Policy);

d. Details of the application for the grant/subsidy;

e. Details of the organisations relationship the Shire including any Lease or License conditions in place, plus any other relevant information that might affect the Shire as a result of the application.

3. A summary of the application, any officer comments and a draft letter of support to be prepared by officers (for the President’s consideration).

4. All letters of support are signed by the Shire President.


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ELM19 Recognition of Aboriginal Cultural and History

Aim

To provide clear guidelines to the Elected Members and Shire Staff in order to recognise the unique position of Aboriginal people in Australian culture and history. Aboriginal people are the original custodians/traditional owners of the land. It is important this unique position is recognised to enable the wider community to share in Aboriginal culture and heritage, facilitating better relationships between Indigenous people and other Australians.

Application All Elected Members & Staff


Local Government Act 1995 - S 3.1(i)

Principles Community Strategic Plan 2017 – 2027 Goal 03 – Unique Heritage and Environment Objective 03 – Celebration of History and Heritage



Last Review 2016

Next Review 2020


1. AIM

These guidelines apply to all Elected Members and Shire Officers responsible for

organising events/ functions/ceremonies/meetings where ‘Acknowledgement of

Country’ or ‘Welcome to Country’ ceremonies should be included in official

proceedings. Also to outline other recognition actions in which the Shire may engage.

2. THE ‘ACKNOWLEDGEMENT OF COUNTRY’

(i) Definition of Acknowledgement of Country

An ‘Acknowledgement of Country’ is an acknowledgement of traditional Aboriginal

and Torres Strait Islander custodians/traditional owners of land in order to pay

respect to them. It is a means by which all people can show respect for the Aboriginal

culture and heritage and the ongoing relationship the traditional custodians have with

the land. The 'Acknowledgement of Country' can be performed by any person,

Aboriginal or non-Aboriginal

(ii) Appropriate Place

When planning an official event, Elected Members or Officers should ensure that an

Acknowledgement of Country’ is delivered where possible. In particular, an

‘Acknowledgement of Country’ should be given by a speaker at the beginning of the

event.


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(iii) Events

Events for ‘Acknowledgement of Country’ include (but are not limited to) the

following:

• Significant events where members of the public, representatives of

governments and/or the media are present;

• Council Meetings; and

• Forums, Conferences, Briefing Sessions and Major Workshops where the

public are present.

(iv) Phraseology

Events - For events, it is proposed the following will be read out -

On behalf of the Shire of Ashburton, we respectfully acknowledge the local

Indigenous people, the traditional custodians of this land on which we are gathering

today and pay our respects to them and all their elders both past and present.

Council Meetings - The following will be read out at each Shire of Ashburton Council

Meeting and this may rotate amongst each Councillor on a voluntary basis –

As representatives of the Shire of Ashburton Council, we respectfully acknowledge

the local Indigenous people, the traditional custodians of this land where we are

meeting upon today and pay our respects to them and all their elders both past and

present.

3. THE ‘WELCOME TO THE COUNTRY’

(i) A ‘Welcome to the Country’ is where the traditional Aboriginal custodians welcome people to their land by providing historical and cultural information to the people in attendance. Steps should be taken to ensure that the appropriate representative is invited to perform the ‘Welcome’, because it is a significant recognition and a formal process. A ‘Welcome to Country’ should always occur at the opening of the event in question, preferably as the first item in the order of proceedings.

(ii) Events for a ‘Welcome to Country’ include (but are not limited to) the following:

• Significant events involving the State/Federal Government;

• Significant civic functions/ceremonies; and

• Significant launches/openings of new buildings.

(iii) The ‘Welcome to the Country’ is conducted by a recognised representative/s of

the relevant local Aboriginal community.

(iv) A ‘Welcome to the Country’ may consist of a single speech by the representative

of the local Aboriginal community, or it may also include a performance of some

description. For example, a:

• Traditional Welcoming Song;

• Traditional Dance;

• Didgeridoo performance;

• “smoking” ceremony; or

• Combination of any of the above.

(v) It is necessary for the speaker who follows immediately after the ‘Welcome to

Country’ ceremony to provide a response. Part of the response should acknowledge

the person who delivered the ‘Welcome to Country’. The following is a suggested

response:

I would like to as a Shire of Ashburton representative, highlight that we too pay our

respects to the local Indigenous people, the traditional custodians of this land where

we are gathering here today. On behalf of the traditional custodians, past and

present, we welcome you all to today’s event.


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4. OTHER RECOGNITION ACTIONS

There are other actions the Shire can undertake to further

enhance the recognition of Aboriginal Culture and Council wishes to use the following

means to do that:

(i) Include the statement “The Shire of Ashburton respectfully acknowledges the

traditional custodians of this land” in key documents, namely its Community Strategic

Plan, its Corporate Business Plan; and in its Council Agenda and Minutes as well as

its official webpage.

5. CULTURAL PROTOCOLS TO BE OBSERVED

There are certain indigenous protocols that must be observed (noting that in most

cases, members of the Aboriginal community will advise of appropriate/inappropriate

behaviour and/or if they are not permitted to discuss the protocol or ceremony with

staff because of age, gender, status etc.

(i) The practice of not mentioning the name of a deceased Aboriginal person, or

displaying photographic images of a deceased person unless agreed and

approved by the relevant family;

(ii) Sensitivity to knowledge that is specific to gender (commonly referred to as

‘Women’s Business’ or ‘Men’s Business’); and

(iii) Appropriate acknowledgement of guest artists that are either from or supported

by the local community.


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ELM20 History Collection Policy

Aim

This policy represents the distinctive cultural identity of the Shire of Ashburton, both past and present. The objective of this policy is to provide a framework within which to develop, organise, maintain and make available a permanent collection of materials, both retrospective and current, in a variety of formats, which relate to the past and present of the Shire of Ashburton.



Censorship Act 1996 Commonwealth Copyright Act 1968 Museum Australia Inc. Code of Ethics 1999 National Standards for Australian Museums and Galleries Significance 2.0: A guide to assessing the significance of collections The Burra Charter, 1999


Approval Date OMC 19 January 2016


Last Review 2016

Next Review 2020


POLICY STATEMENT

This policy aims to assist the Shire of Ashburton Local History Collection by providing

direction for development and management of a community resource that inspires, educates

and informs the community and visitors on the Shire of Ashburton history. To build and

preserve an historical resource for the present and future communities of the Shire of

Ashburton by caring for the objects in its collection to the best possible standard and setting

parameters for the collection, documentation, conservation and interpretation of artefacts

significant to the Shire of Ashburton.

The History Collection Policy is adopted on the principle that in the main, local history will be collected, protected, and managed by volunteer groups, with appropriate levels of support from the Shire of Ashburton, namely –

1. the Shire supports local Community Groups that wish to establish themselves as Museum/Historical Societies to undertake the task of collecting and protecting Ashburton’s history;

2. any land/buildings support will principally be consistent with Council Policy REC05 (Community Leases);


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3. any financial support will be based on normal community group grant applications (namely, through existing Policy REC08) plus any specific annual Shire budget allocations (as determined by Council – for example, for museum building maintenance);

4. any staff support to Museum/Historical Societies will be minimal and reflective of the levels of involvement generally allocated to other local community organisations; and

5. The Shire will ensure that its own organisation’s history is protected through compliance with its responsibilities under the State Records Act, plus other individual activities like the minor history collection at the Tom Price Visitor Centre, and the Image Library maintained for operational photographic storage and ongoing usage in various publications.

By way of guidance to relevant staff and to local Museum/Historical Societies – Collection Includes: • Memorabilia • Newspapers • Photographs • Community History • Oral History • All artefacts, objects and records Memorabilia A Memorabilia collection contains the gifts presented to the Shire. These gifts include objects, trophies, plaque crests, awards, medals, badges, coins, or certificates accepted by a Council representative in the course of conducting Council business. It also includes objects used by staff or councillors in the course of conducting Council business, deemed significant to preserve for posterity, such as the Shire seals, framed photographs of councillors past and present, promotional material and equipment. Newspapers A Newspaper collection includes articles from local and state newspapers. The articles collected provide an ongoing history of the many events, activities, issues, people and places for the Shire. Articles collected relate to Council news and activities, residents activities and biographies, community development and its issues; historical articles, sporting clubs, community organisations, theatre and other public performances, selected local business information, selected housing styles and practising architects, and real estate development sites within the precincts of the Shire. Photographs A photograph collection may be developed from donations from private collections, in-house photography, copies made from originals, and donations. Donors may be required to complete a donation form for legal purposes, and to gather significance and provenance information.


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Photographs may be scanned, digitised and made available to the community via the Shire’s Library catalogue. Community History A Community History collection includes:

• Books both purchased and donated • Reports • CD’s • Videos • DVD’s • Biographies • Oral histories • Digital records

The Community History Collection includes an archive with historical information and

ephemera from businesses, schools, churches, community and sporting groups, events,

places, buildings and people.

Copyright

The Shire’s History Collection policy supports and upholds the rights of copyright owners as

documented in the Commonwealth Copyright Act 1968.

Definitions

Archives are a collection of documents and records that contain historical information. This includes the papers of individuals and organisations, letters, and diaries.

Ephemera refer to printed materials that were only meant to be used for a short time. They may have been printed to use for a day, event or promotion. This would include menus, tickets, invitations, programs, posters and advertisements, and other various items.

Oral History refers to recorded historical information obtained in interviews concerning personal experiences and recollections.


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ELM21 Tree Management Overview Policy

Aim

The benefits of trees are numerous and include environmental, amenity, health and social benefits. The Shire plays an important role in seeking to balance safety, infrastructure and community expectations, with operational activities to do with those trees. The key purpose of this Policy is to promote the prior consultation of those activities.



Australian Standard 4373-2007 Planning and Development Act 2005, Part 5

Principles Community Strategic Plan 2017 – 2027 Goal 03 – Unique Heritage and Environment Objective 01 – Flourishing natural environments

Approval Date OMC 19 January 2016


Last Review 2016

Next Review 2020


Policy Application

Trees provide many benefits that have both economic and intangible values. The Shire of

Ashburton recognises that trees contribute to water management, biodiversity, air pollution

and the environmental amenity within the Shire. The Shire is also aware that trees assist in

forming the identity of the region and, at a local scale, the local character. While appreciating

the importance of this resource, the Shire is conscious of the many issues associated with

managing trees within their environment.

The primary purpose of this Policy is to promote the prior consultation with stakeholders as

part of the implementation of the above activities.

Long-Term Tree Management

Tree management needs to be undertaken with a long-term interest perspective and the

following needs to be taken into account -

a) Community safety in public places, including the potential to contribute to safety through traffic calming;

b) Public and Private infrastructure protection/damage;

c) Vegetation selection type (e.g. native varieties or otherwise) and location of plantings;

d) Aesthetic qualities in terms of form, texture, colour, seasonal change, movement, sound and perfume;


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e) Environmental controls to reduce the effects of energy consumption, erosion, dust, atmospheric pollution, including smoke from fires, noise, and fire risk;

f) Architectural potential for delineating space, enclosing, framing, screening/privacy;

g) Heritage value, through recognition of historic, cultural and local significance;

h) Potential to assist fauna by providing appropriate linkages and habitats; and

i) Microclimate modification to reduce the effects of summer heat, reflection and glare, ultra-violet radiation, wind and evaporation.

Consultation (on Tree Management)

The Council recognises the contribution made by trees to existing park/streetscapes within

the Shire. It also recognises that in some cases, tree retention may not be desirable, feasible

or reasonable, owing to the condition or possible location or species of the tree.

Circumstances where removal might be reasonable, include the following:

a) The tree is diseased and beyond remedial treatment, or dead;

b) The tree has been assessed by the Shire as structurally weak and/or dangerous, placing the public at risk or jeopardising safety;

c) The tree has been irreparably damaged (e.g. by a storm, vehicle accident);

d) The tree is hazardous to motorists/pedestrians owing to interference in suitable sightlines presented by the trees alignment or spacing;

e) The tree is affected by road widening, service modification/relocation or other infrastructure and construction or building works and all possible options have been explored by the shire and there is no reasonable alternative to removal.

f) The tree is in close proximity with overhead power lines or distributor wires to properties and where, for reasons of growth habit pertaining to the variety, selective pruning is not practical with the only option being severe lopping; or

g) The tree precludes reasonable development of a lot or an adjoining property and all possible developments options have been explored by the developer and there is no reasonable alternative to removal.

Council accepts that the Shire will need to remove trees on occasion, but requires that –

1. reasonable efforts be made to retain the tree(s),

2. that respective Ward Councillor(s) will be consulted where significant trees are proposed to be removed/replaced or the operational actions are anticipated to create high levels of community interest, and

3. Nearby residents affected are to be notified, including giving the reasoning for the proposed works, and with a copy of this notice being forwarded to the respective Ward Councillor(s).

Note – Policies ENG01 (Street Lawns and Gardens) and ADM08 Community Engagement,

may also be relevant.


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ELM22 Elected Member Event Notification Policy

Aim This policy provides staff guidance on informing Elected Members of official functions.



N/A




Last Review 2016

Next Review 2020


POLICY STATEMENT

Councillors are keen to maintain strong contacts with the community and attendance at official

opening events is a valuable part of that connection. This policy provides staff guidance on

informing Elected Members of upcoming official functions.

EXTENDING AN INVITATION It is acknowledged that the event planning process needs to be flexible when considering invitation arrangements as often the state government representatives and major funding bodies/stakeholders will require preference as to the timing of the functions. Notwithstanding, the Shire President/Elected Member’s availability are all to be considered when choosing the event date and Shire Staff are to endeavour to provide ample time for the opportunity to consult with and advise Elected Members of upcoming celebratory events. Events where Councillors are invited to attend and/or participate shall also be communicated

directly to the Shire President from the event organiser. For example:

i. Welcome Events, Anzac Day, Australia Day Opening attendances by

Councillors;

ii. Councillors to present a speech at events; and

iii. Other requirements of councillor specific to an event.

Invitations to the Shire President or Elected Members to attend an event are to be in writing and a copy forwarded to the Chief Executive Officer, as far in advance as possible.


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REPRESENTATIVES The Shire President is the principal representative of Council. All Elected Members support the Shire President in representing Council at public occasions. The Deputy Shire President where practicable will substitute for the Shire President for a civic or ceremonial function of a Shire wide nature or importance where the Shire President is unable to attend. Where the Deputy Shire President cannot attend, the Shire President in consultation with the Deputy Shire President will nominate another Councillor to represent the Shire.


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ELM23 Notice of Motion Procedural Policy

Aim This policy provides guidance to Elected Members when dealing with Notice of Motions during Ordinary Meeting of Council



Shire of Ashburton Standing Orders Local Law 2012




Last Review 2016

Next Review 2020


Councils are required to have a local law which covers meeting procedures. The Shire of

Ashburton Standing Orders Local Law 2012 provides this function. This local law is

generally based on well-accepted procedures that are intended to ensure meetings are run

fairly and productively.

While this local law provides a broad framework for running orderly and constructive

meetings, good governance processes add meaning to the framework. They ensure

meetings are run in such a way that helps good decision-making. A well-run meeting should

have a clear and informative agenda, be well chaired and facilitated, follow meeting

procedures appropriately, and adhere to statutory requirements.

PROCEDURE

The procedures for Lodgement of Notice of Motion with the CEO or Council are to be as per

Standing Orders Local Law 2012 (Clause 5.3) however to ensure good governance and

efficient processes are upheld, the following procedure shall be adhered to by Elected

Members when considering/lodging Notice of Motions.

Prior to lodgement the Councillor is to liaise with the CEO and/or Shire President to discuss

the merits, wording and options of the proposed Notice of Motion and its desired intentions.

The nominating Councillor may then decide, following that liaison, whether to proceed with

or to abandon their proposed Notice of Motion.


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ELM24 Appointment of an Acting Chief Executive Officer

Aim To provide for the appointment of one of the Shire’s Directors as Acting Chief Executive Officer during limited absences of the Chief Executive Officer

Application CEO


Local Government Act 1995 Section 5.36




Last Review 2017

Next Review 2019


POLICY STATEMENT

1. In accordance with the requirements of the Local Government Act 1995, section

5.36(2)(a), the Council has determined that the persons appointed as the permanent

incumbent to the position of a Director (as defined in Council Policy EMP11 Senior

Employees) are suitably qualified to perform the role of Acting Chief Executive

Officer.

2. In the event of an unforeseen absence of the CEO, then the default Acting CEO will

be the permanent incumbent of the position with the title “Director, Corporate

Services” or equivalent, for a period not exceeding ten (10) working days.


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ELM25 Use of the EMACCESS email portal and Councillor

Discussion Board

Aim To establish the guidelines for Elected Members when using EMACCESS and the Discussion Board



State Records Act 2000




Last Review 2018

Next Review 2019

Review Period Annually

1. ELECTED MEMBER ACCESS (EMACCES) EMAIL PROTOCOLS

a) This policy applies to communications generated via the EMACCESS portal. The

key stakeholders are the Councillors, the Chief Executive Officer (CEO), Directors

and the Executive Officer. The Code of Conduct (ELM04) shall apply to the usage of

the EMACCESS portal.

b) The Council’s EMACCESS portal is intended to ensure that important information is

promptly received, considered, and communicated to the Councillors by the CEO and

that councillors are provided the same when communicating with the CEO.

c) Only questions are to be asked in this forum and no debate is to take place via

EMACCESS. All debate shall be reserved for topics initiated on the Discussion

Board. The Local Government Act 1995 does not allow “Council decisions” to be

made via this medium.

d) All EMACCESS details and correspondence will be recorded in accordance with the

State Records Act 2000.

Examples of items to be considered in the EMACCESS email portal are:

2. Communication which is Policy or Strategic in nature, or as required by

delegation.


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a) [email protected] email should be used by

Councillors for all policy or strategic items to be addressed.

b) All EMACCESS correspondence will be acknowledged and a response will be

provided via the CEO, or relevant Director.

3. Communication which is Agenda based in nature.

a) Any questions regarding content of Council Agenda (e.g., clarification of issues or

request for further information) items should be referred to the CEO using

EMACCESS. All emails shall be recorded.

4. Communication between the Shire President and Community Services Manager

(or appointed staff member).

a) Events where Councillors are invited to attend and/or participate shall be

communicated directly to the Shire President from the Community Services Manager

(or appointed staff member) and not via EMACCESS.

For example:

Welcome Events, Anzac Day, Australia Day Opening attendances by Councillors;

Councillors to present a speech at events; and

Other requirements of Councillor specific to an event.

5. Emails not appropriate to the EMACCESS portal:

Communication of normal and routine issues. If Councillors wish to report damage to

property, repairs required, requests for service and all matters that are operational in

nature then the CAR system should be used. These requests can be made by email

using [email protected] or by telephone to reception.

Travel arrangements - Councillors to directly contact the Office of the CEO Staff.

Citizenship Ceremonies - Councillors to directly contact the Office of the CEO Staff.

Council issues communications / iPad / Computers - Councillors to directly contact

Information Services Staff.

6. DISCUSSION BOARD PROTOCOLS

a) This policy applies to communications (topic needing discussion) generated via the

web based Discussion Board. The key stakeholders are the Councillors. The Code

of Conduct (ELM04) shall apply to the usage of the web based Discussion Board.

b) The Discussion is designed:

To ensure Councillors have a communication channel to which they have easy and

timely access. The Discussion Board is designed to allow Councillors the opportunity

to discuss amongst themselves, issues of relevance to their role as Councillors. It is

not for questions (which should be forwarded by EMACCESS Email) but to provide a

web based capacity to communicate with each other across a remote and distant

Ashburton environment.

To encourage the timely and effective communication of relevant and useful

information amongst Councillors on relevant Councillor related issues.

Where appropriate, to see action taken by the Council as a result of the feedback.

Distribution of agenda and minutes.



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ELM26 CEO Performance Review

Aim Guidelines for the CEO Performance review process

Application CEO and Elected Members


Local Government Act 1995 s5.38

Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Work and Team Environment



Last Review 2018

Next Review 2020


1. OBJECTIVE

To accord with s5.38 of the Local Government Act 1995 in undertaking the performance

review of the Chief Executive Officer (CEO).

2. POLICY

That the performance of the Chief Executive Officer be reviewed by the ‘Shire of

Ashburton Chief Executive Officer Performance Review Occasional Committee’

(‘Committee’) at least once in relation to each year of employment using the performance

criteria contained in the CEO’s Position Description.

The objective of the Committee is as follows:

Compile the consensus response for each of the key result areas detailed in clause

of the CEO’s contract of employment;

Conduct a performance review feedback session with the CEO;

Prepare and submit for Council approval a report describing the assessment

developed during the performance review, changes to be made, special tasks to be

done, or decisions to follow as a result of the evaluation;

Prepare and submit for Council approval the agreed performance objectives for the

next review period; and

Prepare and submit for Council approval any variations to the CEO’s conditions of

employment.


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3. ARRANGEMENTS

The Shire President shall arrange for an appropriate consultant to undertake the

CEO’s performance review. As part of the performance review, the consultant will undertake

interviews with (but not limited to):

committee members who have a direct relationship with the CEO (e.g.);

senior staff;

Other as determined by the Shire President.

4. That the performance review will be carried out by the Committee in a closed

meeting with the CEO.

5. That a review of delegations and Key Performance Indicators forms part of the

review process and which will reference s5.41. ‘Functions of CEO’ under the Local

Government Act 1995.

6. That a record of proceedings be prepared by the CEO and when confirmed by the

Committee will be forwarded to the next available Council meeting on a confidential

basis for consideration.

7. ASSOCIATED DOCUMENTS

External

Local Government Act 1995


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ELM27 Legal Proceedings

Aim

Council members and employees may require legal advice and/or representation. This policy establishes the principals under which funding may be provided, the level of funding that may be provided and the processes to be followed by the applicant when making a request.

Application All Elected Members and employees


Section 9.56 of the Local Government Act 1995 (the Act)

Principles

Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council leadership Objective 04 – Exemplary Team and Work Environment

Approval Date OMC 23 October 2018


Last Review 2018

Next Review 2020


1. Objective

This policy is designed to protect the interests of council members and employees (including

past members and former employees) where they become involved in legal proceedings

because of their official functions. In most situations the local government may assist the

individual in meeting reasonable expenses and any liabilities incurred in relation to those

proceedings.

2. Policy Statement

In each case it will be necessary to determine whether assistance with legal costs and other

liabilities is justified for the good government of the district. This policy applies in that

respect.

3. General

a) The local government may provide financial assistance to members and employees

in connection with the performance of their duties provided that the member or

employee has acted reasonably and has not acted illegally, dishonestly, against the

interests of the local government or otherwise in bad faith.

b) The local government may provide such assistance in the following types of legal

proceedings:


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I. proceedings brought by members and employees to enable

them to carry out their local government functions (e.g. where

a member or employee seeks a restraining order against a person using threatening

behaviour);

II. proceedings brought against members or employees [this could be in relation to a

decision of Council or an employee which aggrieves another person’s (e.g. refusing a

development application) or where the conduct of a member or employee in carrying

out his or her functions is considered detrimental to the person (e.g. defending

defamation actions)]; and

III. statutory or other inquiries where representation of members or employees is

justified.

c) The local government will not support any defamation actions seeking the payment of

damages for individual members or employees in regard to comments or criticisms

levelled at their conduct in their respective roles. Members or employees are not

precluded, however, from taking their own private action. Further, the local

government may seek its own advice on any aspect relating to such comments and

criticisms of relevance to it.

d) The legal services the subject of assistance under this policy, will usually be provided

by the local government’s nominated solicitors. Where this is not appropriate for

practical reasons or because of a conflict of interest then the service may be

provided by other solicitors approved by the local government.

4. Applications for Financial Assistance

a) Subject to item (e), decisions as to financial assistance under this policy are to be

made to Council.

b) A member or employee requesting financial support for legal services under this

policy is to make an application in writing, where possible in advance, to the Council

providing full details of the circumstances of the matter and the legal services

required.

c) An application to the Council is to be accompanied by an assessment of the request

and with a recommendation which has been prepared by, or on behalf of, the Chief

Executive Officer (CEO).

d) A member or employee requesting financial support for legal services, or any other

person who might have a financial interest in the matter, should take care to ensure

compliance with the financial interest provisions or the Local Government Act 1995.

e) Where there is a need for the provision of urgent legal services before an application

can be considered by Council, the CEO in consultation with the President may give

an authorisation to the value of up to $5000 provided that the power to make such an

authorisation has been delegated to the CEO in writing under section 5.42 of the

Local Government Act 1995.

f) Where it is the CEO who is seeking urgent financial support for legal services the

Council shall deal with the application.

5. Repayment of Assistance

a) Any amount recovered by a member or employee in proceedings, whether for costs

or damages, will be off set against any monies paid or payable by the local

government.

b) Assistance will be withdrawn where the Council determines, upon legal advice, that a

person has acted unreasonably, illegally, dishonestly, against the interests of the


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local government or otherwise in bad faith; or where

information from the person is shown to have been false or

misleading.

c) Where assistance is so withdrawn, the person who obtained financial support is to

repay any monies already provided. The local government may take action to recover

any such monies in a court of competent jurisdiction.


Internal:

Delegation Register (DA02-2 Legal Proceedings)


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4. EMPLOYEES

EMP02 Prohibited Areas- Wittenoom and Yampire

Aim The purpose of this policy is to detail the asbestos exposure controls required to protect the health of Shire personnel, volunteers and contractors.

Application All Staff Volunteers and Contractors


Local Government Act 1995 section 5.40(e) OSH Act 1984 Sect 19, 20

Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Work and Team Environment

Approval Date 13 March 2013 (Commissioner)


Last Review 2013

Next Review 2017


Asbestos is a hazardous material, which poses a health risk when airborne fibres are inhaled. Asbestos exposure is known to cause mesothelioma, asbestosis and lung cancer. From 2006, Western Australian Government policy on Wittenoom requires that: Pending the town’s closure, organisations with regulatory responsibilities should put in place

a level of regulation which more appropriately balances their obligations for the health and

safety of their staff and contractors with the significant health, safety and legal risks

attendant upon their not discharging their regulatory responsibilities to residents of, and

visitors to, the township”

http://wa.gov.au/wittenoomgovernmentpolicy/

The environs of the closed Wittenoom Township are known to be contaminated with blue

asbestos. The Department of Industry and Resources (DoIR) and the Department of Local

Government and Regional Development established the extent of contamination in 2006 (the

Twohig Report). DoIR has produced a map delineating the area of asbestos contamination

at Wittenoom. The area defined by DoIR has been adopted by the Shire of Ashburton to

delineate the AHZ (Asbestos Hazard Zone)

As a result, no Shire of Ashburton employee, Bush Fire Brigade volunteer or contractor on

Shire business shall go onto or pass through the AHZ delineated on the attached map, without

the express written permission of the Chief Executive Officer.

If for any reason a Council employee does enter or pass through Wittenoom or the areas of the

mine sites, then protective clothing and apparatus is required (pursuant to the provisions of

http://wa.gov.au/wittenoomgovernmentpolicy/


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national standards for dealing with asbestos) to be provided by the

Council and worn by the employee upon entering the site(s).

No Council employee shall go onto or pass through the areas to be avoided with Council vehicles

or equipment unless on Council business with prior permission from the CEO. This specifically

includes employees with personal use of a council vehicle on their own time.

In the event that a vehicle is taken into these sites, it shall be hosed down in an appropriate

manner as soon as possible after leaving the site(s).

Wittenoom Zones Hot Zone The Hot Zone represents a danger to life or health to people and entry should only be by trained personnel with the appropriate levels of protective clothing. The boundary of the Hot Zone must be indicated with demarcation tape. Movement from a Hot Zone to a Warm or Cold Zone must be accompanied by decontamination. Warm Zone The Warm Zone is the area directly outside the Hot Zone where Hot Zone support takes place - Incident Control, personnel and equipment staging, BA Control and decontamination. It contains the entry points into the Hot Zone and optional exit points from the decontamination area. Entry to the Warm Zone is only for those involved in Hot Zone support and the boundary should be indicated with demarcation tape. Cold Zone The Cold Zone is the area outside the Warm Zone, and is a safe, exclusion area for the Incident Controller and all other agencies, either in a combat or support role, to operate from safely with minimal PPE. The outer perimeter of the Cold Zone will be secured by police to exclude members of the public.


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Hot

Zones

Wittenoom Asbestos

Hazard Zone

(Blue shaded area)


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EMP11 Senior Employees

Aim

The objective of this policy is to clearly identify employees to be Senior Employees pursuant to the provisions of the Local Government Act 1995 and for those same employees to be designated employees, also pursuant to the provisions of the Act.

Application Senior Employees


Local Government Act 1995 s5.37




Last Review 2017

Next Review 2021


Purpose

To clearly identify a class of employees to be “Senior Employees” pursuant to the provisions

of the Local Government Act 1995 and for those same employees to be designated

employees, also pursuant to the provisions of the Act.

Content

Pursuant to section 5.37 of the Local Government Act 1995, the class of executive

management positions with the title “Director…” and reporting directly to the Chief Executive

Officer are designated as Senior Employees.


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EMP16 Grievance Investigation and Resolution

Aim To provide guidance on processes in relation to receiving and actioning internal employee grievances.

Application All staff


Local Government Act 1995 (WA) State Records Act 2000 (WA) Privacy Act 1988 (cth) Freedom of Information Act 1992 (WA) Equal Opportunity Act 1984 (WA) Public Interest Disclosure Act (2003) Occupational Safety & Health Act 1984 (WA) Fair Work Act 2009 (cth)

Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 - Exemplary team and work environment



Last Review 2018

Next Review 2022

Review Period 4 Years

INTRODUCTION

Objectives

All employees have a right to express any genuine grievances or complaints through an

impartial internal process. All employees involved in a grievance process are expected to

participate in good faith. For the purposes of this directive, the term “employee/s” will extend

to cover contractors, volunteers and any person performing work for or with the Shire of

Ashburton in any capacity.

Scope

This Policy applies to all workers performing work (paid and unpaid) for the Shire, including

but not limited to direct hire, contractors, labour hire, project workers, volunteers and those

performing work through a third party.

RESPONSIBILITIES

Complainant: An employee who raises a complaint about a matter regarding the workplace.

Respondent: An employee who is alleged to have acted in a manner which caused the

complain


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Support Person: A Complainant and/or a Respondent may choose to

bring a Support Person with them to a meeting, where practicable. The

role of a Support Person is not to advocate on behalf of anyone, but to simply provide emotional

support.

Witness: A person (including an employee) who is requested by the Shire of Ashburton to

assist the process by providing relevant information regarding the complaint.

Investigator: Appropriate Shire of Ashburton employee or a suitable person external to the

Shire appointed to conduct investigations.

WHAT TO DO IF YOU HAVE A COMPLAINT

If a Complainant believes they are the victim of behaviour of a Respondent which is

inconsistent with the Shire of Ashburton’s policies, procedures or guidelines, the Complainant

should, where reasonable or practicable, first approach the Respondent for an informal

discussion. If the nature of the complaint is deemed to be sufficiently serious, the Complainant

should contact his/her Manager or Human Resources directly, instead of approaching the

Respondent.

If the alleged inappropriate behaviour continues, the Complainant is encouraged to make a

formal complaint to his/her direct manager. If the direct manager is the Respondent in the

matter or if the Complainant feels uncomfortable approaching his/her manager, the

Complainant should approach Human Resources.

Where a complaint is received it must be forwarded in a timely manner to Human Resources

for a decision upon the most appropriate way to take the matter forward, whether it is an

informal discussion with the Complainant and/or the Respondent, or the commencement of a

formal investigation of the complaint.

Any grievances lodged against the Chief Executive Officer are to be dealt with by the Shire

President and Council under this policy. Grievances should be lodged with the Manager

Human Resources or Director of Corporate Services.

INVESTIGATIONS

Shire Instigated Investigations

Where the Shire becomes aware of allegations of employee/s breaching Shire of Ashburton’s

policies, procedures or guidelines, an investigation may commence in accordance with this

Policy. This is without the need of a formal complaint being lodged.

External Government Agencies

There may be times where the investigation of a complaint may be undertaken by an external

government agency before or instead of being investigated by the Shire. Circumstances

include investigations being conducted by the Corruption and Crime Commission (CCC),

Public Sector Commission (PSC) or the Police.

Stand Down

Where allegations of misconduct are considered by the Chief Executive Officer (or President)

to be sufficiently serious or pose a threat to health and safety the Respondent may be stood

down while the matter is being investigated.

KEY PRINCIPLES IN THE COMPLAINT PROCESS

The following principles are necessary for the fair investigation and resolution of a complaint:


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Confidentiality

Only the employees directly investigating or addressing the complaint

will have access to the information about the complaint. The Chief Executive Officer (President)

may inform or appoint a third party to investigate and advise on the investigation. All parties

involved in dealing with a complaint are required to keep the matter confidential. Only the

outcome to the investigation will be placed on the employee’s personal file. All documentation

will otherwise be kept in a confidential file; and

Impartiality

Both parties will have an opportunity to put their cases forward. No assumptions are made and

no action will be taken until available and relevant information practicable has been collected

and considered. No employee who is a Witness or Respondent may be involved in any

decision making capacity as to the outcome of the grievance; and

Sensitivity

The employees who assist in responding to complaints should be specifically trained or

equipped to treat all complaints sensitively and ensure the process is free of coercion or

intimidation; and

Timeliness

The Shire aims to deal with all complaints as quickly as possible and in accordance with any

legislative requirements; and

Documented

All complaints and investigations must be documented. In formal grievance processes, records

must be kept of all documents collected and/or drafted as part of that process. For more

informal processes, a file note or note in a diary may be sufficient; and

Follow the Principles of Natural Justice

The principles of natural justice provide that:

A Respondent against whom allegations are made as part of a grievance process has the right to respond to the allegations before any determination is made;

A Respondent against whom an allegation is made has the right to be told (where possible and appropriate) who made the allegation;

Anyone involved in the investigation must be unbiased and will declare any conflict of interest;

Decisions must be based on the balance of probability arising from the objective considerations and substantiated facts; and

The Complainant and the Respondent have the right to have a support person present at any meetings where practicable.

Procedurally Fair

The principles of procedural fairness provide that:

The Respondent is advised of the details (as precisely and specifically as possible) of any allegations when reasonably practicable;

A Respondent is entitled to receive verbal or written communication from the Shire of Ashburton of the potential consequences of given forms of conduct, as applicable to the situation;

The Respondent is given an opportunity to respond to any allegations made against him/her by a Complainant;

Any mitigating circumstances presented to the Chief Executive Officer (President) through the grievance process are investigated and considered;


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Any witnesses who can reasonably be expected to help with any inquiry or investigation process should be interviewed; and

All interviews of witnesses are conducted separately and confidentially.

OUTCOMES OF MAKING A COMPLAINT

Where a complaint is substantiated, there are a number of possible outcomes:

If the complaint involves a performance issue, the manager of the Respondent may commence a formal or informal performance management process with the Respondent or elect to discipline the Respondent in accordance with the applicable industrial instruments, policies, and management directives; or

If the complaint involves a breach of a Policy or any other behaviour that is inconsistent with the employment relationship, the manager of the Respondent, in consultation with Human Resources, may elect to discipline the Respondent in accordance with the applicable industrial instruments, policies, and management directives.

Vexatious or Malicious Complaints

Where a Complainant has been found to have deliberately made a vexatious or malicious

complaint that Complainant may be subject to disciplinary action, including but not limited to,

termination of employment.

Victimisation of Complainant

A Complainant must not be victimised by the Respondent or any other employee of the Shire

for making a complaint. Anyone responsible for victimising a Complainant may be subject to

disciplinary action, including but not limited to, termination of employment.

Patterns of unsubstantiated Complaints

Where an abnormally strong pattern of separate unsubstantiated complaints about a given

Respondent becomes apparent, the matter may be considered further from a performance

management or disciplinary perspective.

VARIATION TO THIS POLICY

This Policy may be cancelled or varied by Council from time to time.

RELATED DOCUMENTS

EMP22 Discrimination, Harassment, & Bullying Management Directive

ELM04 Code of Conduct

EMP01 Equity of Opportunity Policy and Procedure

EMP16 Grievance Resolution Procedure

CORP2 Misconduct Prevention Directive


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EMP17 Occupational Health & Safety

Aim To provide guidance on Council’s expectations of employees in relation to Health and Safety

Application

All workers performing work (paid and unpaid) for the Shire, including but not limited to direct hire, contractors, labour hire, project workers, volunteers and those performing work through a third party.


Occupational Safety and Health Act 1984, Occupational Safety and Health Regulations 1996 Health and Safety Codes of Practice, Guidance Notes and Australian Standards.

Principles Community Strategic Plan 2017 - 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary team and work environment



Last Review 2018

Next Review 2019


OBJECTIVE

We at the Shire of Ashburton believe that the health, safety and wellbeing of our people

employed at work, or people affected by our work, is a priority and must be considered during

all work performed by us or on our behalf in accordance with the Occupational Safety and

Health Act 1984, Occupational Safety and Health Regulations 1996 and relevant Codes of

Practice, Guidance Notes and Australian Standards.

POLICY STATEMENT

In line with our 5 year Health and Safety Plan 2018-2023, the Shire applies the following

principles in all we do:

Management commitment supporting high standards of safety and health,

performance and the continual improvement of behaviours and processes.

Sustaining effective mechanisms for consultation between management and

employees.

Hazard and risk management ensuring safe work methods and a safe work

environment through the reporting, identification, assessment and control of hazards

and their associated risks.

Appropriate training and development for managers, employees and contractors,

ensuring they are equipped with the knowledge and skills to carry out their duties in a

safe manner.


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Planning for the establishment and maintenance of essential

safety management systems to continuously improve workplace

health and safety.

Clear accountability of health and safety responsibilities at all levels that cannot be

delegated.

Delivering wellbeing initiatives which empower employees to positively influence their

health and wellbeing.

The Shire of Ashburton is committed to:

Creating a positive health and safety culture.

Consulting and co-operating with employees on health, safety and wellbeing issues

directly as well as through their Health and Safety Representatives.

Providing the necessary human, physical and financial resources to achieve safety

outcomes.

Developing key performance indicators that demonstrate we perform above and

beyond minimum health and safety legislative requirements.

Achieving continuous improvement through the monitoring and review of measurable

targets and objectives and improvement of Health and Safety management systems

and initiatives.

Building an enduring reporting culture where hazards and risks are consistently

reported, so that:

o risks are actively identified, assessed and effectively controlled using the

highest level of controls; and

o Investigations can identify root causes and appropriate action taken to prevent

recurrences.

Recognising excellence in safety and health performance.

Providing support and time to undertake health and safety related tasks.

Supporting and encouraging employees to participate in a range of health and

wellbeing initiatives and activities.


Internal:

- Shire of Ashburton Health and Safety Procedures

- Shire of Ashburton Health and Safety Plan 2018-2023

External:

- Worksafe Plan WA


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EMP24 Corporate Credit Card

Aim This Policy is to provide a clear framework to enable the use of corporate credit cards and provide all cardholders with guidance for correct usage of Corporate Credit Cards

Application Nominated Staff


Local Government Act 1995 Section 2.7 (2) (a) & (b) Section 6.5 (a) Local Government (Financial Management] Regulation 11(1)(a) Use of Corporate Credit Cards (Department of Local Government Guideline No 11)

Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary team and work environment



Last Review 2018

Next Review 2020


The Council supports the use of corporate credit cards on the basis it provides a necessary

and efficient financial management tool for the Shire.

Credit cards need though, to be responsibly managed in order to ensure good governance

and financial accountabilities.

The CEO shall ensure there are Corporate Credit Card Management Procedures that

suitably accommodate these sentiments and the following protocols–

(i) The Corporate Credit Cards are maintained in a secure manner.

(ii) The Corporate Credit Cards are not to be used for personal expenses under any

circumstances.

(iii) All Corporate Credit Card payments (included disputed transactions) are to be listed in

the Schedule of Accounts and Credit Card Purchases section of the monthly financial report

to Council.

(iv) Where applicable, purchases are to be made in accordance with the Shire of

Ashburton’s FIN12 Purchasing Policy, and associated Procedures.

(v) Inappropriate purchases, even on the basis of them being operationally related, may be

recoverable from the cardholder. The cardholder is required to conclude that purchases are

fair and reasonable business expenses.


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(vi) Where possible, purchases should be processed through the

Purchase Order / Creditor’s system

(vii) Corporate Credit Cards are not to be used for cash withdrawals at any facility.

(viii) Cardholders responsibilities, as outlined by the card provider (i.e. the Bank), are met at

all times.

(ix) Corporate Credit Card Credit limits are not to be exceeded.

(x) The Cardholder is responsible to pursue and resolve incorrect charges (as due to privacy

legislation, only the cardholder can initiate any request for information from the bank).

(xi) All relevant documentation regarding each transaction is retained by the cardholder and

transactions are to be acquitted and reconciled on a monthly basis as per of the

reconciliation procedure. A copy of all of the Corporate Credit Card Statements and a

summary thereof (including sufficient information to adequately articulate the purchase

details) are to be incorporated as attachments to the signed financial statements submitted

each month to Council).

(xii) The use of the credit Card shall not be tied to any type of reward systems that provides

cardholders with any personal benefit or reward.

(xiii) Cardholders are to read and acknowledge the Corporate Credit Card Policy and

associated Procedures prior to being issued with the card, to ensure that the above matters,

including breaches of this Policy are agreed.

Overall the onus of responsibility for above controls are with you the cardholder. Failure to

adhere to these conditions may result in disciplinary action or termination of your

employment.

The CEO and Council have zero tolerance towards misuse of Corporate Credit Cards – the

risk of bringing the financial or reputational standing of the Shire into question will not be

accepted under any circumstances.


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EMP25 Fitness for Work

Aim To provide guidance on Council’s expectations of employees in

relation to fitness for work

Application

All workers performing work (paid and unpaid) for the Shire,

including but not limited to direct hire, contractors, labour hire,

project workers, volunteers and those performing work through a

third party.

Statutory

Environment

Occupational Health & Safety Act 1984

Fair Work Regulations 2009

Principles

Community Strategic Plan 2017 - 2027

Goal 05 – Inspiring Governance

Objective 04 – Exemplary team and work environment



Last Review 2018

Next Review 2022


1 INTRODUCTION

1.1 Objectives

The principle objective of this Policy is to highlight the Shire of Ashburton’s ongoing

commitment to its workers and meeting its obligations under the Occupational Safety &

Health Act 1984 of creating and maintaining a safe work environment, by managing and

reducing the risks associated with personnel presenting to, or throughout the day, being in

an unfit state.

1.2 Purpose

The purpose of this Policy is to identify the risks and to put measures in place to ensure all

workers are aware of their obligations and the Shire’s commitment to fitness for work.

Conditions which could impact on a person’s fitness for work (FFW) include, but are not

limited to:

Sleep deprivation

Physical injury

Temporary or ongoing illness

Alcohol use and subsequent impairment

Other drug use; prescription, over the counter and illicit

Stress

Emotional distress

Mental health

Grief and loss

Family issues


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1.3 Scope

This Policy applies to all workers performing work (paid and unpaid)

for the Shire, including but not limited to direct hire, contractors, labour hire, project workers,

volunteers and those performing work through a third party.

2 RESPONSIBILITIES

2.1 Directors, Supervisors and Leaders

Directors, Supervisors and Leaders remain accountable for the following in relation to FFW

at the Shire:

Assess and report on any person who appears to be, or has been reported as being,

unfit for duty

Seek advice from the Human Resources (HR) Team if they are concerned a person

may not be fit for work

Ensure workers comply with this Policy

Maintain accurate and confidential documentation relating to FFW events

Reinforce the need for reporting any FFW issues and for individual self-awareness

and management of their exposure to alcohol and other drugs to ensure safe work

conditions for all

2.2 All Personnel

All persons performing work for the Shire remain accountable for the following in relation to

FFW at the Shire:

Ensure they are fit for work with no impairment or other factors that compromise their

own safety, or the safety of others

Notify their direct Supervisor, Shire representative or HR if they are concerned about

their FFW

Participate in health, wellbeing and FFW activities where requested by the Shire

Comply with health monitoring and FFW requirements

3 FITNESS FOR WORK CONTROLS

3.1 Medical Assessments

The purpose of medical assessments is to identify and allow the Shire to manage pre-

existing conditions, injuries or illnesses which may otherwise predispose personnel to further

injury or illness.

Depending on the role and risk, candidates may be required to undergo pre-employment

medical assessments prior to appointment. The pre-employment medical assessment

measures the individual’s functional capacity against the Position Description and range of

tasks involved in the role.

3.2 Pre-Employment Medical Assessment Requirements

The following table outlines the general pre-employment medical assessment (PEMA)

requirements based on the risk of the role. The Shire may also at any time request additional

assessments to be completed. A PEMA must be completed by a certified medical

practitioner.

Risk ID Examples of Roles Medical Requirement

Low Risk Nonphysical roles e.g. Administration,

Finance, primarily office based

Medical declaration

questionnaire and Drug and

Alcohol Screen (DAS) prior to

commencement


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Medium &

High Risk

Field presence and small physical labour

requirement or physical and labor

intensive roles e.g. Safety Advisors,

Technical Services, Rangers, Waste

Operators, Town Maintenance Officers,

Cleaners

Full medical assessment prior

to commencement (PEM,

Audiometry, and Spirometry &

DAS).

3.3 Health Surveillance

Various health surveillance or health related activities may be requested by Health & Safety

at any time which may include but is not limited to the following:

Pathology testing

Spirometry testing

Fit testing

Biochemical

Skin screening

Health Surveillance is conducted for the purpose of monitoring changes to a person’s health

as a result of exposure to hazardous substances in accordance with the Occupational Safety

and Health Regulations 1996.

The Shire will be responsible for Health Surveillance expenses and employees are expected

to participate where requested and reasonable.

3.4 Training

All personnel will be inducted as to the requirements and their responsibility to present to

work in a fit state as well as resources and support services available to them to help

manage this process.

Authorised collectors shall be trained and qualified. Regular audits will be completed to

ensure correct standards and protocols are maintained.

3.5 Drug & Alcohol Screens

All personnel may be subject to drug and alcohol testing on entry to site, commencement of

work or at any time whilst performing work for the Shire. Testing (other than self-testing) will

be conducted in accordance with AS/NZ Standards applicable at the time of testing by a

suitably trained, qualified collector.

The Shire has a zero (0.00%) alcohol limit, and measures drug levels in accordance with

AS/NZ Standards.

Types of testing are detailed in Appendix A.

3.6 Prescription Medication

Prior to undertaking testing, the person must advise the tester if they are taking any

medication such as over the counter or prescription. An attempt to declare after testing will

not be considered under any circumstances. Some prescription and over the counter

medication can register as a non-negative result when drug testing occurs. For example:

Codeine™ with Opioids

Codral™ with Opioids

Demazin™ with Amphetamines

Actifed™ with Amphetamines

All personnel have a responsibility to ensure they have consulted with their doctor or

pharmacist as to what effect the drug or medication may have and if there is a risk that it

may adversely affect their fitness for work, or lead to a positive test result.


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If at any time personnel is taking medication or drugs which may affect

their fitness for work, they have a responsibility to declare this to their

Direct Supervisor or Human Resources in writing. This will allow the Direct Supervisor or

Human Resources to arrange safe and suitable work tasks are assigned (where possible) or

seek appropriate information to ensure the person and/or others are not placed at risk.

3.7 Mental Wellbeing

Mental wellbeing is a crucial factor for the overall health of employees in the workplace. Both

internal and external factors can be a contributor to poor mental wellbeing and the Shire

encourages employees to self-monitor and seek assistance if/where required.

Poor mental wellbeing can present itself in many ways and may include:

Mood swings

Low energy and motivation

Anxiety and/or excessive worry

Withdrawal

Extreme confidence or energy

Where a person is considered unfit for work due to their level of mental wellbeing, they may

be stood down from duties until such time as they are deemed fit to return. Any removal from

the workplace or duties will only be done in consultation with HR.

Fatigue Management

Fatigue is a general term used to describe the feeling of being tired, drained or exhausted

and is accompanied by poor judgment, slower reactions to events and decreased skill levels.

Where the effects of fatigue and/or the nature of the work being performed induces fatigue

causing impairment to a person’s health and safety, the Shire will ensure that appropriate

and reasonable action is taken.

Identification of personnel who may be affected by fatigue may include:

Self-assessment and voluntary disclosure by the person affected

Direct observation of the persons behaviour

Following workplace incidents or investigations

Where a person is unfit for work due to fatigue, they may be stood down from duties until

such time as they are deemed fit to return. Any removal from the workplace or duties will

only be done in consultation with HR.

3.8 Employee Assistance Program

To assist personnel, the Shire’s Employee Assistance Program is available to all Shire

employees and their immediate family members. The program consists of professional

counselling services in a number of areas, which include, but are not limited to:

Drugs and alcohol

Personal affairs

Support services

Addictions

Stress

Contract companies should ensure they have a designated contact point for their personnel

to approach to and discuss any related issue. These discussions must remain confidential.

3.9 Provision for Medical Assessment

A person may be referred to a certified medical practitioner of the Shires choosing for a

fitness for work medical assessment coordinated by HR where the Shire has a genuine


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indication of the need for such examination and in deciding the need

will take into account the following:

Has there been a prolonged absence from the workplace without explanation or

evidence?

Has adequate medical information been provided to explain the absence and

demonstrate the person’s fitness for work?

What level of risk is involved in the person’s normal duties?

Are there legitimate concerns that the person’s illness or injury will impact on others

in the workplace?

Where a certified medical practitioner will not, or is unable to confirm a person’s fitness for

the stated duties, they will be requested to refer the person to a specialist. Further action will

be dependent on the fitness for duty report.

3.10 Work Related Injury or Illness

All work related injuries or illnesses will be dealt with by the Health & Safety Team in

accordance with Injury Management and/or Workers Compensations processes.

3.11 Non-Work Related Injury or Illness (NWRI)

Non work related injury or illness (including physical, mental or psychological conditions) are

those which do not arise out of the course of employment or have not been deemed

compensable under the Workers Compensation and Injury Management Act 1981.

If an employee experiences a significant non work related injury or illness that has the

potential to impact on their ability to undertake the full duties of their position, then a medical

clearance from their treating practitioner, confirming the employees abilities to undertake the

duties of their role, will be required before returning to work.

If an employee presents to work and is subsequently unable to carry out the duties of their

position, or where their Supervisor reasonably believes there is a risk to them or other

employees, the employee may be stood down in consultation with HR until independent

medical advice is received, confirming their fitness for work.

3.12 Alcohol and Drugs in Shire Workplaces

Unless there is express written permission from the CEO, no personnel are to consume or

store alcohol and/or drugs in Shire workplaces. This includes any place where work is

conducted and in Shire vehicles.

Random searches of workplaces and vehicles may be conducted which may include bag

searches.

Where an approved event has taken place in a Shire workplace, any remaining alcohol must

be removed immediately following the event.

4 RISK MANAGEMENT

4.1 Self-Management

Any person, who believes they may be unfit for work for any reason is expected to inform

their Direct Supervisor accordingly and not to commence work.

Self-management is also supported by access to hand held and wall mounted testing units,

available on request. The results from these units are for personal use only and cannot be

used as evidence.

4.2 Identify & Assess

Where it is suspected that a person has presented to work in an unfit condition or such

condition arises while at work, an assessment must be carried out and may include:


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Face to face discussion between Direct Supervisor and the

employee

Determine whether prescribed or over the counter medication may be producing their

behaviour

Assess work duties that may contribute to levels of stress or fatigue

Arrange for a medical assessment (in conjunction with HR)

Arrange for testing of alcohol and/or other drugs

Psychological/emotional assessment

Where practicable, obtain witness statement of incident involving affected person

4.3 Action

If, following an assessment, there is concern for the wellbeing of the person and their fitness

for work, then appropriate action to ensure their safety is to be taken. Such action may

include:

Arrangements for further medical treatment

Discuss in confidence with the person options to manage identified risks

Offer for appropriate and reasonable counselling such as EAP services

The person being stood down from duties and suitable transport being arranged

Inform the person they are being stood down from work pending investigation

Develop an appropriate review and case management plan if applicable

Keep in regular contact with the person, offer support and assistance where

appropriate

Consultation with HR is essential as is confidential documentation.

5 DISCIPLINARY ACTION

Section 1.07(3)(b) of the Fair Work Regulations 2009 defines serious misconduct as an

employee being intoxicated at work and as such, non-compliance with this Policy may result

in disciplinary action being taken, up to and including termination of employment, or removal

from the Shire workplace if a contractor.

Each case of fitness for work will be treated individually and will be in accordance with Shire

Policies, Standards and related Directives.

If personnel refuse a request to undertake a test in accordance with this Policy, or

intentionally leave the workplace without participating in a test, they will be deemed to have

returned a confirmed positive result. The collector must notify HR and the persons Director

immediately for all positive and non-negative cases.

6 RECORD KEEPING

All test results, whether positive or negative, will be maintained in a confidential personnel

file in accordance with recording keeping requirements.

Non-negative drug screening test result will not be considered a positive result until

confirmed by a secondary confirmatory test.

7 RELATED DOCUMENTS

Shire of Ashburton Enterprise Agreement 2017 (or superseded)


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8 APPENDICES

8.1 APPENDIX A - Types of Testing

Random Testing

It is a condition of work with the Shire that all personnel will submit to random drug and

alcohol testing if selected.

Positive results for illicit drugs, miss-use or failure to declare illicit drugs or alcohol, or other

relevant information (such as a person’s refusal to test or tamper with a sample) will be

provided to the Shire’s HR Team, CEO and relevant Director. If the person is a contractor,

this information will be provided to their employer who will be expected to implement

appropriate action in accordance with this Policy.

Blanket Testing

The Shire will administer blanket testing of personnel for drugs and/or alcohol at any time.

Blanket testing is defined as testing of persons within a defined area or work group at any

time, including consecutive testing carried out each day.

For Cause Testing

For cause testing will be carried out where:

1. There is an incident;

2. The person displays behaviour that raised concerns; or

3. There is evidence of possible recent drug or alcohol use.

Information about for cause test results may be made available if required, for any

subsequent incident investigations.

For cause testing will only be carried out following approval from HR in consultation with the

S&W Team.

Alcohol Self-Testing

Personnel may choose to regulate their own fitness for work by undertaking a self-test prior

to presenting for work.

Where following self-testing a person notifies his or her Direct Supervisor that they will not

be commencing work due to fitness for, the Direct Supervisor must make arrangements for

the safe transport of the person to their accommodation as appropriate.

NOTE: Self testing is not considered to be a positive result for the purpose of this Policy and

will be managed through appropriate performance management as an attendance issue, not

as fitness for work.


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8.2 APPENDIX B – Testing Procedure (Drugs and Illicit

Substances)

Employee stood down until GCMS or confirmatory test

conducted


128

8.3 APPENDIX C – Testing Procedure (Alcohol - BrAC)


129

EMP35 Gratuity

Aim To provide guidance on Council contributions or gifts upon

retirement or resignation of employees.

Application All Shire of Ashburton Employees

Statutory Environment Local Government Act 1995

Local Government Administration Regulations 1996

Principles

Shire of Ashburton 10 Year Community Strategic Plan 2017-2027

Goal 05 – Inspiring Governance

Objective 04 – Exemplary team and work environment



Last Review 2018

Next Review 2022


1. POLICY STATEMENT

When an employee leaves their employment or is made redundant, they may be given a

good or service as a token of appreciation for their commitment and service to the Shire of

Ashburton.

This Gratuity Policy outlines the circumstances in which gratuity payments may be made to

an employee. This policy should be read in conjunction with section 5.50 of the Local

Government Act 1995 and Local Government Administration Regulations 1996, specifically

regulation 19a. A gratuity payment is paid in addition to any amount which an employee is

entitled to under a contract of employment or industrial instrument. This policy does not form

a contractual entitlement for any employee of the Shire of Ashburton.

2. COMMITMENT

The Shire of Ashburton is committed to recognising employees within the parameters set by

the Local Government Act 1995 and the associated regulations.

3. ELIGIBILITY FOR GRATUITY PAYMENTS

An employee may be entitled to a gratuity payment as outlined within this policy at the

discretion of the CEO, when an employee’s services are ceasing with the Local Government

for any of the reasons identified below:

• Resignation (not as a result of any performance management or investigation being

conducted by the Local Government);

• Retirement; or


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• Redundancy.

An employee who has been dismissed by the Shire of Ashburton for any reason other than

redundancy, will not be eligible to receive any Gratuity Payment under this policy.

The Chief Executive Officer is authorised to approve petty cash claims in accordance with

the limits prescribed by this policy. Funds will be allocated as part of the Local Government’s

budget preparation process.

4. PRESCRIBED AMOUNTS FOR GRATUITY PAYMENTS

The Shire of Ashburton acknowledges that at the time this policy was introduced, employees

may be entitled to payments in addition to this policy as a result of accrued unused long

service leave benefits, redundancy payments or notice periods as prescribed by, legislation

or a relevant industrial instrument.

The Shire of Ashburton has considered these provisions when setting the prescribed amount

of any gratuity payment in this policy.

Any gratuity payment will not exceed the amounts included in regulation 19A of the Local

Government Administration Regulations 1996 which were, at the time the policy was

introduced, is as below:

‘19A. Payments to employee in addition to contract or award — s. 5.50(3)

(1) The value of a payment or payments made under section 5.50(1) and (2) to an

employee whose employment with a local government finishes after 1 January 2010

is not to exceed in total —

(a) if the person accepts voluntary severance by resigning as an employee, the value of

the person’s final annual remuneration; or

(b) in all other cases, $5 000.

(2) In this regulation —

“final annual remuneration” in respect of a person, means the value of the annual

remuneration paid, or payable, to the person by the local government which employed that

person immediately before the person’s employment with the local government finished.’

5. FINANCIAL LIABILITY FOR TAXATION

The employee accepts full responsibility for any taxation payable on a gratuity payment, and

agrees to fully indemnify the Shire of Ashburton in relation to any claims or liabilities for

taxation in relation to the gratuity payment.

6. PAYMENTS IN ADDITION TO THIS POLICY

The Shire of Ashburton agrees not to make any gratuity payment in addition to that

contained within this policy until the Policy has been amended to reflect the varied amount

and the Shire of Ashburton has caused local public notification to be given in relation to the

variation.

7. FINANCIAL IMPLICATIONS

The Shire of Ashburton acknowledges that at the time the policy was introduced, the

financial implications to the Shire of Ashburton were understood and that these financial

implications had been investigated based on the workforce position current at that time.


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The Shire of Ashburton will take reasonable steps to notify employees

prior to the variation of this policy or the introduction of any new

gratuity policy.

8. CONSEQUENCES OF BREACHING THIS POLICY

The policy constitutes a lawful instruction to anyone involved in administering a gratuity

payment. Any breaches of the policy may lead to disciplinary action.

9. VARIATION TO THIS POLICY

This policy may be cancelled or varied from time to time. All the organisation’s employees

will be notified of any variation to this policy by the normal correspondence method.


External

• Nil

Internal

• Nil


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EMP37 Salary Sacrifice

Aim To outline the parameters for the provision of various Salary Packaging options



Shire of Ashburton Enterprise Agreement

Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 - Exemplary team and work environment



Last Review 2018

Next Review 2020

Review Period Every 2 years

OBJECTIVE

The objective of this policy is to provide the guiding document for the provision of various

salary packaging options to eligible Shire of Ashburton employees. Salary Packaging is

primarily an attraction and retention tool and hence this policy aims to increase staff

attraction and retention.

POLICY STATEMENT

This Policy is applicable to all full time, part time and fixed term employees (longer than

12 months duration). It provides for the salary packaging of an Allowable Benefit with

specific eligibility criteria applicable relevant to the Allowable Benefit sought. For clarity

superannuation is already offered as a salary packaging benefit by Council and will continue

to be offered outside of this Policy to all employees including casual employees.


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Term Meaning

Allowable Benefit Refers to the following range of Salary Packaging Benefits:

Work related items – i.e. laptops, mobile phones.

Aquatic/Leisure Centre and Child Care Fees (at Shire operated

premises only).

Novated Leasing of Vehicles.

Remote Area Housing Benefit.

o Rental

o Mortgage Interest

o Remote Area Domestic Energy

Airline Lounge Membership.

ATO Australian Taxation Office.

Base Cash Salary Remuneration in accordance with relevant workplace agreement or

contract of employment paid by way of regular periodic cash

payments subject to PAYG tax. This does not include superannuation

guarantee contributions.

Benefit Any non-cash benefit and cash payment (other than base salary)

made or expected to be made for the benefit of the employee.

Fringe Benefit

Tax (FBT)

Tax payable by the Shire to the Government on some categories of benefits provided to employees.

FBT Year 1 April to 31 March each year.

Management Any employee who has direct responsibility for supervision of one or

more workers.

PAYG Pay As You Go taxation.

Remote Area Area which is one of the following:

At least 40 kms from an urban centre with a population of 14,000

or more.

At least 400 kms from an urban centre with a population of

130,000 or more.

Salary Packaging An arrangement between an employee and employer whereby the employee elects to exchange Base Cash Salary for a Benefit but for the purposes of this Policy does not include. superannuation

Total Remuneration

Total package value assigned to the permanently occupied position that the employee is entitled to receive under an agreement or contract of employment with the Shire expressed as an annual sum.


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ONTENT

Salary Packaging will be made available to employees as a benefit in accordance with Shire

internal procedures and in accordance with ATO legislation, rulings, and any other relevant

legislation, as amended from time to time, but only to the extent of an Allowable Benefit as

defined in this Policy.

Salary packages will be adjusted accordingly (within an employee’s agreed Total

Remuneration) to account for variations in a salary packaging arrangement, including

variations in an Allowable Benefit, taxation, and scheme participation.

Salary Packaging arrangements will be administered at minimal financial cost to the Shire and

where required by the CEO, by an external Salary Packaging provider approved by the Shire.

As part of any Salary Packaging arrangement, the cost of administering the package (if

applicable) is to be met by the participating employee.

Any Fringe Benefits Tax (FBT) or other tax liability is to be met by the participating employee.

All employees entering into a Salary Packaging arrangement must enter into an agreement

appropriate to the type of Benefit. All employees must ensure compliance with the agreement

entered into and all organisational practices and procedures, as amended from time to time.

It is an individual employee’s responsibility to monitor packaging arrangements and to be

aware of and responsible for any individual consequences of participating in an arrangement

relating to an Allowable Benefit. The Shire strongly urges employees contemplating Salary

Packaging to seek independent financial or other appropriate advice. Benefits of participation

will vary according to individual circumstances and individual participation, therefore

participation is a matter of individual employee decision, responsibility and risk.

RESPONSIBILITIES

Elected Members are responsible for:

Adopt and review this policy on a periodic basis as required.

CEO is responsible for:

Endorse and enforce all standards documented in this policy;

Endorse and enforce Salary Packaging internal procedures which include, but are

not limited to:

o Eligibility and participation criteria

o Rules for application of Salary Packaging;

o Processes and/or forms to ensure an effective, compliant scheme;

o Information capture requirements;

o Training requirements.

Regularly review Salary Packaging opportunities to continuously identify

opportunities for improved attraction and retention of staff;

Establish mechanisms to monitor compliance with this policy; and

Establish processes to deal with instances of non-compliance to this policy or related

internal procedures.


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ELIGIBILITY

Specific eligibility and participation criteria apply dependant on an employee’s employment

status at a point in time, and the Allowable Benefit provided. The Shire’s internal procedures

detail criteria further to that outlined below.

Work Related Items

The following items, where used for work purposes only and not provided by the Shire, may

be paid for from an employee’s pre-tax salary:

• portable electronic devices (laptops, mobile phones and PDA’s)

• protective clothing

• briefcase

• calculator

• computer software

There is a limit of one item per category per FBT year. Novated Leasing of Vehicles

Novated car leases for new or used cars may be packaged by employees. A car classified as

‘luxury’ by the ATO cannot be salary packaged. Novated leases may not be entered into for

Shire provided (fleet) vehicles.

In entering into a novated lease, Council and an employee will enter into an agreement with

the financier whereby Council will ensure repayments under the finance lease are made by

deducting the repayment amount from the employee’s salary.

The employee will own the vehicle and has the right to take the vehicle with them should they

leave employment of the Shire, with responsibility for the vehicle passed on to the employee.

Remote Area Housing

Eligible employees may salary package the following items under this Policy:

Rent - Private Rentals

Employees renting privately (i.e. employees who have a rental agreement with a landlord or

agency), within a Remote Area can apply to salary package 50% of their rental value tax free

through being paid part of their Total Remuneration as a non-taxable remote housing

reimbursement. Their Base Cash Salary will be reduced accordingly.

Mortgage Interest

Subject to qualifying criteria outlined in the Shire’s operational practice and procedure,

employees with a mortgage on their home which is in a Remote Area can apply to salary

package their interest expenses on the mortgage. The home must be their usual place of

residence.

The employee receives reimbursement of 100% of their interest expenses paid through being

paid part of their Total Remuneration as a reimbursement. Their Base Cash Salary will be

reduced accordingly. 50% of the reimbursement does however attract FBT, which is payable


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by the employee. The reimbursement is not a reportable fringe benefit

and is therefore exempt from payment summary reporting.

The employee is only able to package interest paid during the period of their employment with


Remote Area Domestic Energy

Subject to qualifying criteria outlined in the Shire’s internal procedure, employees who

package remote area housing benefits can apply to salary package 100% of the value of the

cost of their residential electricity and gas expenses tax free through being paid part of their

Total Remuneration as a reimbursement. Their Base Cash Salary will be reduced accordingly.

50% of the reimbursement does however attract FBT, which is payable by the employee. The

reimbursement is not a reportable fringe benefit and is therefore exempt from payment

summary reporting.

The employee is only able to package energy costs paid during the period of their employment

with the Shire and for the period that they are / have been claiming a remote housing benefit.

Airline Lounge Membership

Employees can apply to salary package the cost of the following:

• Airline lounge membership joining fee

• Airline membership annual renewal fee

Their Base Cash Salary will be reduced accordingly. These membership fees are “tax free”

when provided to an employee as part of a Salary Packaging arrangement.

Membership fees to more than one airline lounge facility are permitted.

Frequent Flyer membership fees are not eligible for salary packaging as they do not give an

entitlement to use an airline lounge facility.


Internal: EMP19 Residential Employee Accommodation (Directive)


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5. ENGINEERING

ENG01 Street Lawns and Gardens

Aim This policy has been developed to outline guidelines for the installation and maintenance of street road reserve lawns and gardens.




Principles Community Strategic Plan 2017 – 2027 Goal 04 – Quality Services and Infrastructure Objective 01 – Quality public Infrastructure

Approval Date OMC November 2018

Monitor and Review Infrastructure Services

Last Review 2018

Next Review 2022


OBJECTIVE: 1. In this policy unless the context otherwise requires: "Carriageway" means a part of a road used for vehicular traffic and includes the shoulders

and areas including embankments at the side or centre of the road used for the standing or parking of vehicles but does not include a lane, right of way or driveway.

"Footpath" includes the part of a road reserve as an established footway, pavement, lane

or thoroughfare set apart or constructed for the use of pedestrians and where any part of a road is not set apart or constructed is the portion on both sides of a road reserve three metres in width measured from the property line and extends along the reservation.

"Garden" means an area within a road reserve, which is developed or treated with plants

and materials other than lawn grass. "Intersection" includes the area comprised within the extension of straight lines from the

adjoining property title lines abutting two or more roads that meet each other; except where the property lines are curved at any corner it is the extension of the curved property lines to the point where they meet.

"Lawn" means an open space area within a road reserve planted with grass and/or trees or shrubs planted by the Shire or by the landowner immediately adjacent with the approval of the Shire.


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"Property line" means the boundary between the occupied land and the road reserve.

2. Existing lawns and gardens established by adjoining owners/occupiers prior to the adoption

of this Policy shall be exempt from the requirements of a Shire permit for these works. 3. (1) A person shall not plant a garden in a street road reserve without a permit issued by

the Shire in accordance with this Policy. (2) The Shire shall only issue a permit for the planting of a garden in any portion of a

street road reserve to the owner or occupier of the land abutting that portion of the street road reserve.

(3) An applicant for a permit to plant a garden in a street road reserve shall submit to the

Shire a sketch plan setting out details of the proposed garden, including the plants, trees and shrubs in relationship to the road assets and the trafficable carriageway.

(4) The Council may issue a permit with conditions as it sees fit to be complied with by

the applicant. (5) The general compliance conditions for the establishment of a lawn or garden in a

street road reserve are as follows:

It is limited to the frontage of the land that abuts the area owned or occupied.

It does not encroach on the pavement of a carriageway or on a made footpath.

It complies with any levels and grades established by the Shire and is a condition on the permit.

It does not contain shrubs which are hazardous nature or grow to a height or other dimension causing an obstruction or impairs the vision of motorists travelling along the carriageway or persons along the footpath within the street road reserve.

The location of all services are to be determined prior to works commencing and any subsequent damage will be repaired at the cost of the permit holder recovered by the respective utility authority or corporation..

4. A person shall not water a street lawn or garden in such manner to cause inconvenience

or obstruction to persons using the adjoining carriageway or footpath. 5. (1) On the establishment of the lawn or garden in a street road reserve by a permit

holder all reasonable maintenance of the lawn or garden shall be undertaken including the repair of any subsequent damage. The lawn specifically shall be kept to a reasonable height.

(2) Fences, enclosure or other obstruction on or about a lawn or garden in a street road

reserve are prohibited. (3) Plants, trees or shrubs are not to exceed 0.75 metres in height and are not to be

within 12 metres of an intersection. 6. (1) Where the Shire, any other authority or corporation authorised to undertake works

within a street road reserve may give notice to the owner or occupier of the land


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abutting on the lawn or garden to remove the installation and any piping until the completion of their works. Where the owner or occupier does not comply with the notice, these will be removed at the expense of the owner or occupier and this may be recovered by due remedy.

(2) The Shire, any other authority or corporation is not liable for damage to any lawn,

garden or piping installed by the adjoining owner/occupier in a street road reserve as a result of carrying out authorised works.

7. Any garden treatment of material other than lawn or garden plants shall be subject to a

Shire permit and a sketch plan is to be submitted setting out the location of the treatment and details of the materials to be used.

8. The permit application shall be considered by the Shire in accordance with this Policy and

it will be approved with conditions or not approved, 9. Each application for a permit will be considered on its merits including the intent to minimise

water consumption by plant ground cover treatments and other material treatments. 10. In the special treatment of street road reserve verges under this policy the following applies:

Any materials for paving other than paving blocks, paving bricks, pre-cast concrete slabs must be approved by the Shire;

Excessive verge treatments will not be approved.

Paved areas on the street road reserve in a residential area for purposes other than landscaping or a pedestrian thoroughfare is prohibited.

An even grading of the lawn, garden or materials is to be achieved with limited vertical contouring.

11. The Shire shall not be liable for any damage sustained by a person by reason of or arising

out of the planting, placement, or existence of a lawn, garden, landscaping, pavement or other materials in a street road reserve.

In the application for a permit:

a) The applicant must demonstrate they the owner of the land which abuts the road reserve verge and indemnify the Council against liability in respect of any injury or damage caused to any person or property by the treatments described above.

c) If the Applicant is the occupier of the land which abuts the road reserve verge

they must, include the written consent of the owner of that land together with a statement from the owner indemnifying the Council against liability as prescribed in the preceding clause.


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ENG06 Temporary Road Closures

Aim To clarify Council’s role when closing roads for which the Council has responsibility.



Local Government Act 1995 Section 3.50(1a) and 3.50(4)

Principles Community Strategic Plan 2017 – 2027 Goal 04 – Quality Services and Infrastructure Objective 02 – Accessible and Safe Towns



Last Review 2018

Next Review 2022


OBJECTIVE Unless otherwise stated, the Shire shall practice its rights and obligations to close, and subsequently re-open any road under its responsibility in accordance with provisions of the Local Government Act 1995, and the Local Government (Functions and General) Regulations 1996. Specifically, where the Shire is required to issue local public notice, the broadcast of road status via the Councils Road Condition Reports, from time to time occur as conditions change, and the issue of local public notice shall be in accordance with Section 1.7 of the Local Government Act 1995. Furthermore, where the Shire can reasonably determine that a road closure is expected to exceed a period of twenty-eight (28) days, the Shire shall:

Give local public notice, in newsprint generally circulating in the district, giving details of the proposal to close such road;

Give written notice to each land owner/occupier likely to be affected by the proposal to close such road; and

Invite public comment on the proposal to close such land. Where a road closure inadvertently exceeds a period of twenty-eight (28) days, the Council shall meet its obligations under provisions of the Local Government Act 1995. *** Note - Road closures for Roadworks will require an approved Traffic Management Plan and Working in a Shire Reserve permit.


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EXCEPTIONAL PERMITS Section 3.50 (2) of the Local Government Act allows the Shire to limit road closures to vehicles of any class, to particular times or to such other case or class of case as may be specified in the order and may contain exceptions. To this end, the Shire recognises the need for remote residents to access supplies. It is therefore the intention of this policy to allow exceptions to approved vehicles granting limited access to traverse on selected closed roads. Applicants seeking an exception to travel on a closed road must make formal application (Form SOA IS 020 Application for Exception to Travel on a Closed Road) to the Shire prior to undertaking any journeys on any closed road. Where appropriate, the Shire may grant exceptions to pastoralists, Aboriginal Communities and Mining Enterprises on an as needs basis. The exception must be of an urgent nature and shall not be considered for the purposes of convenience to the applicant. All applications shall be submitted to the Shire for consideration, on a case-by-case basis.


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ENG08 Bush Fire Policy

Aim

To establish and maintain a Bush Fire Brigade in accordance with Part V of the Bush Fires Acts 1954, as amended, in order to provide adequate fire protection for those areas within the municipality and to carry out any identified hazard reduction having due regard at all times for the preservation of the natural environment.



Local Government Act 1995 - 2.7 (2) (b) Bush Fires Act 1954

Principles Community Strategic Plan 2017 – 2027 Goal 04 – Quality Services and Infrastructure Objective 02 – Accessible and Safe Towns


Monitor and Review Property & Development Services

Last Review 2017

Next Review 2018


TABLE OF CONTENTS

1. Bush fire advisory committee meetings

2. Meetings of the bush fire brigade

3. Standard operating procedures

4. Bush fire control officer appointments

5. Authority of chief & deputy chief bush fire control officers

6. Firebreak order – exemptions

7. Personal protective equipment

8. Fire appliances – repairs, servicing and modifications

9. Duties of Rangers at fires

10. Hazard reduction within the gazetted townsites

11. Fires outside the Shire of Ashburton

12. Use of Council plant – fire emergencies

13. Training arrangements

14. Fire fighters meals – fire services incidents


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15. Use of fuel cards by bush fire brigades

16. Minimum driver training Shire of Ashburton fire appliances

17. Use of brigade appliances

18. Purchase of equipment for bush fire brigades

19. Bush fire brigade membership

20. Brigade members - training & commitment

21. Criminal history checks

22. Use of warning lamps and audible warning systems

23. Brigade officer qualifications

1. BUSH FIRE ADVISORY COMMITTEE MEETINGS

1.1 INTRODUCTION

The Shire of Ashburton Bush Fire Service comprises one Brigade whose members are all

trained volunteers. Council seeks input from these members and other key stakeholders on

matters relating to relating to bush fire prevention and control through the Shire of Ashburton

Bush Fire Advisory Committee.

This Policy specifies when Bush Fire Advisory Committee Meetings are to be held, and the

minimum issues Council seeks the Advisory committee to address.

1.2 OBJECTIVE

1. To specify a minimum number of Bush Fire Advisory Committee Meetings to

be held in any year;

2. To specify what items are required to be considered at these meetings,

except general agenda items;

3. To specify the membership of the Bushfire Advisory Committee and the

numbers of members required to constitute a quorum.

1.3 POLICY STATEMENT

The Bush Fire Advisory Committee shall meet a minimum of two times per year with the

meetings being held prior to and after the fire (April & September) season. The Chairperson

shall be the Shire of Ashburton President or their nominated delegate. In their absence the

Chief Bushfire Control Officer will act as the Chairperson.

The following items shall be considered at the post fire (April) season meeting of the Bush

Fire Advisory Committee each year:

1. The report from the Brigade Captain on the fire season activities and other Brigade

related issues;

2. Bush Fire Brigade budget requests for items that fall outside of the Local

Government Grants Scheme (ESL) eligibility;

3. Nominations for the National Medal.

The following items shall be considered at the pre fire (September) season meeting of the

Bush Fire Advisory Committee each year:

a) Appointment of Fire Control Officers;

b) the draft Section 33 Notice in regards to Fire Breaks;


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c) Capital items for the forthcoming Local Government Grants

Scheme (ESL) due in January each year.

Membership of the Bush Fire Advisory Committee shall comprise of:

Membership:

Shire of Ashburton President

Two Shire of Ashburton Council Representatives

Chief Bush Fire Control Officer

Deputy Chief Bush Fire Control Officers

Bush Fire Control Officers

Chief Executive Officer

Pastoralists Representative or Delegate

Director Development & Regulatory Services

Shire of Ashburton Senior Ranger

Captain or Delegate Tom Price Volunteer Bushfire Brigade

Captain of the Tom Price PVFRS or Delegate

Captain of the Paraburdoo PVFRS or Delegate

Captain of the Pannawonica PVFRS or Delegate

Rio Tinto Representatives

(EMA Tom Price, Greater Paraburdoo, Greater Brockman)

FMG Solomon Emergency Management Supervisor

Ex Officio

CBFCO City of Karratha (FCO)

CBFCO Shire Town of Port Headland (FCO)

CBFCO Shire of Exmouth (FCO)

DFES Representatives

DPaW Representatives

All of whom (except Ex Officio representatives) shall have equal voting rights except in the

case of a tied vote; here the Chairperson shall also exercise a casting vote in addition to a

deliberative vote.

Minutes and recommendations from the Advisory Committee will be presented to for

discussion and referral to Council as soon as practicable after each meeting.

Quorum shall be eight presiding members.

Terms of Office

a. Each committee member will be nominated annually at the post fire (April)

season meeting by the committee for Council’s ratification;

b. The Council may accept the resignation in writing of, or remove any member of

the committee.

Appointment of Committee Members

The Council shall endorse the appointment of new Committee members or when a vacancy

occurs in the office of a member of the Committee.

District Committees

The Chief Bush Fire Control Officer his/her delegate is to represent Council, in relation to

their Bush Fire obligations, at Local Emergency Management Committee (LEMC) meetings

and District Operations Advisory Committee (DOAC) meetings or other district meetings as

required

2. MEETINGS OF THE BUSH FIRE BRIGADE


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2.1 INTRODUCTION Bush Fire Brigades are established by the Shire of Ashburton under

powers conferred upon the Council by the Bush Fires Act 1954. The Shire of Ashburton

Bush Fire Service comprises of one Bush Fire Brigade whose members are all trained

volunteers. The Bush Fire Brigade may hold meetings on such days and at such times the

Bush Fire Brigade thinks fit.

This Policy specifies when and what type of meetings the Bush Fire Brigade are to be held,

the quorum required and voting rights of Brigade members

2.2 OBJECTIVE

1. To specify a minimum number of Ordinary Meetings the Bush Fire Brigade is to conduct in

any year;

2. To specify what items are required to be considered at these meetings, except general

agenda items;

3. To specify what type of meetings the Bush Fire Brigade can conduct.


ORDINARY MEETINGS

The Bush Fire Brigade shall conduct a minimum of four Ordinary Meetings per year with at

least one meeting being held prior to and one meeting after the fire (April & September)

season. The Chairperson shall be the Captain or their nominated delegate. The Chief

Bushfire Control Officer will act as the Secretary and minute the meeting. A copy of the

meeting minutes is to be forwarded to the BFAC.

The following items shall be considered at the post fire (April) season meeting of the Bush

Fire Brigade each year:

1. The report from the Brigade Captain on the fire season activities and other Brigade related

issues;

2. Bush Fire Brigade budget requests for items that fall outside of the Local Government

Grants Scheme (ESL) eligibility;

3. Nominations for Service Medals Medal.

The following items shall be considered at the pre fire (September) season meeting of the

Bush Fire Advisory Committee each year:

Capital items for the forthcoming Local Government Grants Scheme (ESL) due in January

each year.

ANNUAL GENERAL MEETINGS

The Bush Fire Brigade shall hold an Annual General Meeting prior to the end of August each

year.

At the AGM the Brigade is to:

Elect the Bush Fire Brigade Officers from amongst the Brigade members.

Voting will occur for positions in the following order:

Brigade Captain; Term 2 year.

Brigade Lieutenants; Term 2 year (up to 4 Lieutenants).

Brigade Equipment Officer; Term 2 year.

Secretary; By Brigade Resolution, the Shire of Ashburton CBFCO.

Elections will be conducted by secret ballot.

Deal with any general business that is outstanding.

SPECIAL MEETING


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The CBFCO or the Bush Fire Brigade Captain may convene a special

meeting of the Bush Fire Brigade if requested by an Active Brigade

Member or when required due to a vacancy in the Officer Group.

OFFICERS GROUP MEETING

The Bush Fire Brigade Officers Group may hold meetings on such days and at such times it

thinks fit to streamline line Brigade management and facilitate Brigade communication with

key stakeholders. A report in the form of an email or discussion at the next Ordinary Meeting

must be provided to all Bush Fire Brigade members.

2.6 QUORUM

The quorum for a meeting of a Brigade is at least 20% of the number of voting members of

that Brigade. No business is to be transacted at a meeting of the Bush Fire Brigade unless a

quorum of Brigade members is present in person or by authorised proxy.

2.7 VOTING

Each member is allowed one vote at a meeting of the Bush Fire Brigade. If a voting member

is unable to attend a meeting they may lodge an absentee vote or nominate another member

as their proxy.

If the meeting Chair is willing to accept electronic lodgement, an absentee vote may be

emailed to the meeting Chair The absentee voter must be aware of the reduced

confidentiality of this method.

3. STANDARD OPERATING PROCEDURES

3.1 INTRODUCTION

DFES has a set of Standard Operating Procedures relevant to the everyday operation of

Bush Fire Brigades. The Standard Operating Procedures have been widely accepted and

adopted by most local governments in Western Australia.

3.2 OBJECTIVE

The objective of this Policy is to adopt DFES Standard Operating Procedures as Council’s

Bush Fire Brigades Standard Operating Procedures.


That the Shire of Ashburton adopts the Standard Operating Procedures relating to Brigades

and Local Authorities as outlined in the DFES Standard Operating Procedures applicable to

Bush Fire Fighting and Incident Control as Council’s Bush Fire Brigades Standard Operating

Procedures.

4. BUSH FIRE CONTROL OFFICER APPOINTMENTS

4.1 INTRODUCTION

Within the Bushfire Brigades, there are various officers appointed by Council to undertake

various roles and responsibilities. The persons occupying these positions, although

volunteers, are nonetheless officers of the Council and are appointed by the Council (under

section 38 of the Bush Fires Act 1954) upon their nomination by the Brigade and

endorsement by the Bush Fire Advisory Committee.

This policy provides the eligibility criteria for a person to be appointed as a Bush Fire Control

Officer.

4.2 OBJECTIVE


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1. To ensure that a person has the relevant qualifications

necessary to hold the position of Fire Control Officer;

2. To ensure that these qualifications are maintained by the appointed Bush Fire

Control Officer.

4. 3 POLICY STATEMENT

1. To be eligible for appointment as a Bush Fire Control Officer a person must have

completed the Bush Fire Control Officer Training Program;

2. Notwithstanding Item 1 above, a person will be eligible for appointment as a Bush Fire

Control Officer if they complete the Bush Fire Control Officer Training Program within 12

months of appointment;

3. For a person to continue as a Bush Fire Control Officer they must complete the Bush

Fire Control Officers Course or a Refresher Course at intervals of no more than every 2

years;

4. Yearly notification is made to Council of Brigade Officers to be appointed as Fire Control

Officers;

5. A Fire Control Officer shall not issue a Permit to Burn without consultation from the Chief

or Deputy Chief Bush Fire Control Officer.

5. AUTHORITY OF CHIEF & DEPUTY BUSH FIRE CONTROL OFFICERS

5.1 INTRODUCTION

Within the Shire of Ashburton Fire Services, a formal hierarchy exists in accordance with the

Bush Fires Act 1954 to provide a chain of command at multi brigade incidents. The two most

senior positions are those of Chief and Deputy Chief Bush Fire Control Officer.

This Policy recognises the need for the Chief and Deputy Chief Bush Fire Control Officer to

act quickly in an emergency wild fire situation where that wild fire is beyond the resources of

the Shire of Ashburton Fire Services.

5.2 OBJECTIVE

1. To specify which persons may incur expenses on behalf of Council;

2. To specify the extent of the authority to expend Council funds.


1. The Chief Bush Fire Control Officer, Deputy Chief Bush Fire Control Officer and Captain

plus First, Second, Third and Fourth Lieutenants of the Tom Price Volunteer Bush Fire

Brigade are authorised to engage contractors or incur expenses of up to $5,000 on

behalf of Council;

2. Item 1 of the Policy above only applies to incidents where the Shire of Ashburton is the

Controlling agency and the incident is beyond the resources of the Shire of Ashburton;

and

3. Expenditure of an amount likely to exceed $5,000 requires the approval of one of the

following Council Employees:

a. Chief Executive Officer;

b. Director Development & Regulatory Services.

6. FIREBREAK ORDER – EXEMPTIONS

6.1 INTRODUCTION

In accordance with the provisions of Section 33 of the Bush Fires Act 1954, the Shire of

Ashburton adopts an annual Firebreak Notice specifying the minimum standards of fire

prevention measures to be undertaken by land owners.


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For varying reasons of terrain, natural water courses, stands of

significant vegetation or other reasons, it may not be possible or

desirable for the land owner to meet Councils requirements.

In order to avoid receiving an infringement notice for failing to comply with the requirements

of the Firebreak Order, the land owner, in accordance with the Order, needs to obtain the

approval of the Shire for an exemption from, the requirements of the Order.

This Policy is intended to provide a procedure to deal with applications for firebreak

exemptions to the annual Firebreak Order.

6.2 OBJECTIVE

To specify which persons are authorised to approve applications for firebreak exemptions

and variations to the annual Firebreak Order.


1. The Chief Executive Officer or Chief Bush Fire Control Officer are authorised to

approve or refuse applications made for Firebreak Order exemptions;

2. Exemptions so granted shall be issued in writing by the Shire of Ashburton for a

period of no more than 3 years.

7. PERSONAL PROTECTIVE EQUIPMENT

7.1 INTRODUCTION

Bush Fire brigades are created by Council pursuant to Section 41 of the Bush Fires Act

1954. As Brigades are under the control of the Shire of Ashburton, the Shire has a duty of

care to Brigade members to ensure that they are suitably equipped and protected to carry

out their roles as fire fighters.

This Policy provides for the issue of personal protective equipment to brigade members.

7.2 OBJECTIVE

1. To specify what personal protective equipment will be supplied by the Shire of

Ashburton;

2. To specify when brigade members can wear the personal protective equipment;

3. To specify that a register of personal protective equipment issued to brigade members

must be kept by the relevant Chief Bush Fires Control Officer.


1. The Shire of Ashburton shall issue all volunteers with DFES approved Level 1 Personal

Protective Equipment consisting of:

a. Level 1 Tunic;

b. Level 1 Trousers;

c. Level 1 Helmet;

d. Level 1 Gloves;

e. Bush Fire Boots;

f. Goggles;

g. P2 facemasks.

The PPE kit remains the property of the Shire of Ashburton at all times. Upon termination or

resignation from the Brigade, all kit must be returned to the Brigade for re-issue to other

active members. Failure to return the kit to the Brigade will result in the issue of an invoice

for the replacement cost of a new PPE kit.

Failure to pay or return the issued gear will result in legal action being undertaken by the

Shire of Ashburton to recover the items or replacement costs. All members are responsible


149

for the care and maintenance of all PPE issued to them.

2. Chief Bush Fire Control Officer or Captain shall require that a brigade member

completes the attached form acknowledging that they have received the personal

protective equipment and that they undertake to return the equipment if they cease to be

an active member of the Brigade. Allocation of PPE is also to be entered on to the

Station Software Program that the Brigade use. Personal Protective Equipment shall

only be worn at fire incidents and bona fide Brigade activities

8. FIRE APPLIANCES – REPAIRS, SERVICING & MODIFICATIONS

8.1 INTRODUCTION



care to Brigade members to ensure that all equipment provided for Brigade use is

maintained to the correct standard and that any modifications do not compromise the

operational safety of the equipment.

This policy seeks to specify the procedures to be followed when Council owned fire

appliance require repairs, servicing or modifications.

8.2 OBJECTIVE

1. To provide an interpretation for the following terms:

a. minor repair;

b. minor modification;

c. major modification.

2. To specify the procedure to be followed when fire appliances require repairs or

modifications;

3. To specify the frequency of routine scheduled servicing of fire appliances.


In this policy:

“Repairs” means to restore to good condition, renovate, mend, remedy or set right again

any part of a fire appliance as approved.

“Minor modification” means to change or alter a component of a fire appliance where the

modification will not affect the specifications of the fire appliance and where the modification

work as approved.

“Major modification” means to change or alter a component of a fire appliance where the

modification will affect the specifications of the fire appliance and the modification work as

approved.

1. A Purchase Order for all repairs and modification shall be obtained from the Chief

Executive Officer or Chief Bush Fire Control Officer prior to the work being

undertaken;

2. Minor and major modifications shall be authorised by the Chief Executive Officer

and/or Chief Bush Fire Control Officer after consultation with DFES Operations

Command Pilbara;

3. All Council owned fire appliances are to be serviced by an appropriately qualified

company as required.

9. DUTIES OF RANGERS AT FIRES

9.1 INTRODUCTION


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Pursuant to Section 38(1) of the Bush Fires Act 1954 Shire of

Ashburton Rangers may be appointed as authorised Fire Control

Officers.

It is the function of Volunteer Bush Fire brigades to suppress wild fires within the Shire of

Ashburton. However, in performing this function, the Officer in control of the fire may enlist

other services or agencies as required.

This policy seeks to specify when the Shire Rangers are requested by the Incident Controller

or Chief Executive Officer or delegate to attend fire emergencies and the role of that officer

at same.

9.2 OBJECTIVE

1. To specify when the Shire Ranger is to attend fire services incidents;

2. To specify the Shire Ranger’s role at fire services incidents.


1. The Shire Ranger shall attend fire emergencies only at the request of the Incident

Controller or Chief Executive Officer or delegate;

2. At fire emergencies the role of the Shire Ranger is to:

a) assist the Incident Controller in establishing a forward control point;

b) provide essential communications assistance;

c) provide forward reconnaissance;

d) provide the Incident Controller with logistical support.

10. HAZARD REDUCTION WITHIN THE GAZETTED TOWNSITES

10.1 INTRODUCTION

The Shire of Ashburton is responsible for the reduction of fire hazards on land under its

control. This land includes road and drainage reserves as well as public open space. This

Policy provides for the burning of road and drainage reserves within the Shire of Ashburton

for fire hazard reduction and maintenance purposes.

10.2 OBJECTIVE

1. To specify who can conduct burning on road and drainage reserves under the care,

control and maintenance of the Shire of Ashburton;

2. To ensure that persons involved in burning are trained to do so, in a safe manner;

3. To ensure that adequate appliances and/or machinery are available to facilitate the safe

burning of road and drainage reserves.


1. All hazard reduction burns identified within the Shire of Ashburton Townsites are to be

carried out in consultation with the Chief Bush Fire Control Officer and the Captain of the

Private Fire and Rescue Service Brigades in Tom Price, Paraburdoo and Pannawonica

and the Onslow Volunteer Emergency Services Unit;

2. Officers so authorised by Council shall issue permits to burn verge/drainage reserves to

the following organisations only:

a. Private Fire and Rescue Service Brigades in Tom Price, Paraburdoo and

Pannawonica and the Onslow Volunteer Emergency Services Unit.

b. Council’s Bush Fire Brigades;

3. A Fire Control Officer shall not issue a Permit to Burn without consultation from the Chief

or Deputy Chief Bush Fire Control Officer;

4. The Chief Bush Fire Control Officer shall be notified of a burn under this Policy.

11. FIRES OUTSIDE THE SHIRE OF ASHBURTON


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11.1 INTRODUCTION

Bush Fire brigades across the region operate in an environment of

“mutual support”, where Brigades in areas not under immediate threat from wild fire will

assist at incidents which are beyond the capacity of the controlling agency.

This Policy recognises the need for the Shire of Ashburton to be able to assist other local

authorities and emergency services where they request our assistance with an incident that

is outside of the local government area of the Shire of Ashburton.

11.2 OBJECTIVE

1. To specify that the Shire of Ashburton is available to assist at incidents outside of the

Shire of Ashburton;

2. To specify which officers are delegated to approve the response of Shire of Ashburton to

incidents outside of the Shire of Ashburton.


1. The Shire of Ashburton shall be available to attend incidents outside the Shire of

Ashburton where their assistance is requested by the controlling agency for that incident;

2. A Bush Fire Brigade shall not attend an incident outside of the Shire of Ashburton unless

their response is authorised by the Chief or Deputy Chief Bush Fire Control Officer and

Chief Executive Officer;

3. The Chief Bush Fire Control Officer shall be notified as soon as a fire appliance is

dispatched to an out of district fire.

12. USE OF COUNCIL PLANT – FIRE EMERGENCIES

12.1 INTRODUCTION

It is the function of Volunteer Bush Fire brigades to suppress wild fires within the Shire of

Ashburton. However, in performing this function, the Officer in control of the fire may enlist

other services or agencies as required

This Policy provides that Council plant may be used to assist at an incident and specifies

which officers can approve the use of the plant.

12.2 OBJECTIVE

1. To specify when plant may be used at a fire emergency; 2. To specify which employees can authorize the use of Council Plant at fire emergencies; 3. To specify that plant operators have a minimum level of training before attending fire

service incidents/civil emergencies; 4. To specify who will be responsible for costs associated with the use of Council plant at

fire emergencies.


The Shire of Ashburton, where practicable, shall make its plant available for use at fire

emergencies.

Council Employees authorised to permit the use of Council plant at fire services

incidents/civil emergencies are:

1. Chief Executive Officer;

2. Chief/Deputy Chief Bush Fire Officer;

3. Director Infrastructure Services;

4. Director Development & Regulatory Services;

5. Brigade Officers.


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Council employees operating the plant shall have completed

introduction to Bush Fire Fighting.

Where Council plant is utilised in accordance with Part 1 above, expenses are to be met by

Council unless the expenses can be recovered by insurance procedures or Bush Fire

Financial Assistance (DFES SAP 3.1.A) as approved by DFES Operations Command

Pilbara

13. TRAINING ARRANGEMENTS

13.1 INTRODUCTION



care to Brigade members to ensure that they are suitably equipped and trained for their task.

This Policy is to ensure that volunteer fire fighters are properly trained by making available

suitable venues, catering and by encouraging fire fighters to attend courses.

13.2 OBJECTIVE

1. Chief Bush Fire Control Officer coordinates all training requirements;

2. To make available suitable venues for training; and

3. To specify when catering will be organised for course participants.


1. The Shire of Ashburton shall make available, any suitable venue for the training of

fire fighters;

2. It shall be the responsibility of the Chief Bush Fire Control to arrange for the booking

of such venues;

3. The Shire of Ashburton shall pay via Emergency Services Levy and or annual budget

allocation for catering at courses that are organized by the Chief Bush Fire Control;

4. The Chief Bush Fire Control shall make available to all Brigades within the Shire of

Ashburton notices of upcoming training courses and encourage suitable candidates

to attend these courses.

14. FIRE FIGHTERS MEALS – FIRE SERVICES INCIDENTS

14.1 INTRODUCTION

At incidents of major fires, the welfare, including sustenance, of fire fighters must be

considered and planned for.

This policy seeks to specify where and when meals will be provided to personnel present at

fire services incidents.

14.2 OBJECTIVE

1. To make available suitable meals and catering for persons attending fire services

incidents;

2. To provide guidelines as to when meals will be made available; and

3. To specify who is authorised to incur expenditure in this regard.


Implementation of meals and refreshments will be done in consultation between the Chief

Bush Fire Control and the Incident Controller.

The Shire of Ashburton will supply meals to personnel attending fire services incidents if:

a. The personnel are attending a fire a fire emergency within the local

government area of the Shire of Ashburton;

b. The Shire of Ashburton is the controlling agency for that particular incident.


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Where personnel have been called to an incident at least two hours

prior to a meal period (i.e. breakfast, lunch or tea) and it has been

established that they will be required at the incident for at least two hours after that meal

period, Council will supply the required meal and drinks not including alcoholic beverages.

For continuation of firefighting duties after this period, refreshments will be supplied at the

various meal periods (with hydration being available at all times).

15. USE OF FUEL CARDS BY BUSH FIRE BRIGADES

15.1 INTRODUCTION

Bush Fire Brigade appliances are provided and maintained by the Shire of Ashburton. As

part of the maintenance of these appliances, Fuel Cards are issued to bush fire brigades for:

1. Purchase of fuel and oil appropriate to the fire appliance

15.2 OBJECTIVE

To ensure the secure and proper use of fuel cards by bush fire brigade personnel.


The Shire of Ashburton shall issue a fuel card for each Bush Fire Brigade appliance provided

by the Shire of Ashburton, for use in the following manner:

1. Fuel cards are specific to each fire appliance and as such are to be kept on the

relevant fire appliance in a secure place at all times;

2. The fuel card must be presented to the cashier when a purchase is made. It is

incumbent on the person signing the receipt to ensure that details of the purchase

are correct;

3. Volunteer Fire Services personal must sign the receipt;

4. If at any time a fuel card is found to be missing or stolen, it must immediately be

reported to the Chief Bush Fire Control or Captain so that the fuel card can be

cancelled. In this instance it would be helpful if an approximate date of the loss/theft

of the fuel card could be reported;

5. If a purchase is attempted that is not a valid type of expenditure for that card the

purchase will be rejected. Misuse of the fuel cards will render the offender liable to

disciplinary and/or legal action.

16. MINIMUM DRIVER TRAINING - SHIRE FIRE APPLIANCES

16.1 INTRODUCTION



care to Brigade members to ensure that they are suitably trained to carry out their roles as

fire fighters.

This Policy has been developed to recognise potential duty of care issues in relation to the

training standards of persons who are required to operate Shire of Ashburton Fire

Appliances

16.2 OBJECTIVE

The driver of any Council fire Fighting appliances will hold a current driver’s license

appropriate for the appliance being driven and be either:

1. A Shire employee;

2. A registered member of a Volunteer Fire Brigade;

3. Any person instructed by the Bush Fire Brigade Captain or Chief Bush Fire Control

Officer or any other authorized person.

The objective of this Policy is to specify a minimum training standard for all drivers of Shire

of Ashburton Fire Appliances.


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16.3 DEFINITIONS

In this Policy, unless the contrary appears:

“approved driving course” means Drive Vehicles Under Operational Conditions DFES

Introduction to Driving or equivalent.

“authorised training” means driver training on appliances that is conducted and supervised

by a brigade officer or training officer, who has completed an approved driving course.

“learner driver” means a driver who is issued with a learners permit under Section 48C of

the Road Traffic Act 1974.

“probationary driver” means a diver who is issued with a probationary license under

Section 45 of the Road Traffic Act 1974.

“volunteer firefighter” means a registered member of a bush fire brigade formed under the

Bush Fires Act 1954 and includes any bush fire control officer, officer, office bearer,

firefighter, probationary firefighter, probationary firefighter and auxiliary member of a brigade.


1. A volunteer firefighter shall not drive any fire appliance owned by the Shire of

Ashburton in an emergency situation unless they have completed an approved

driving course;

2. Other Brigade members may drive appliances in non–emergency situations subject

to their holding the necessary motor vehicle driver’s license

17. USE OF BRIGADE APPLIANCES

17.1 INTRODUCTION

Council provides appliances to Volunteer Bush Fire Brigades for the protection of property

and the community in the event of fire. The immediate availability of these appliances,

subject to maintenance down time, for the purpose for which they are provided, is essential

for Brigades to carry out their commitment to the community

17.2 OBJECTIVE

To stipulate the use which may be made of Council owned fire appliances thus ensuring the

appliance is available for the purpose for which it was provided.


1. To ensure that Bush Fire Brigade appliances provided by Council are readily

available, the following uses only will be permitted:

a. Attending call outs to wild fires;

b. Carrying out hazard reduction burning;

c. Brigade training activities;

d. Travel associated with approved training outside the Shire of Ashburton

e. Travel associated directly with refuelling or vehicle maintenance;

f. A 30 minute maintenance run, twice a month, during the off fire season.

2. Any use of a Brigade Appliance for a purpose other than that described in Part 1

above shall only occur if approved by the Brigade Captain or Chief Bush Fire Control

Officer or any other authorised persons.

18. PURCHASE OF EQUIPMENT FOR BUSH FIRE BRIGADES

18.1 INTRODUCTION


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Bush Fire Brigades are established by the Shire of Ashburton under

powers conferred upon the Council by the Bush Fires Act 1954. As the

Brigades are creatures of the Council, it is the responsibility of the Shire to ensure the

Brigades are provided with the level of equipment necessary to, and suitable for, the

performance of their roles.

18.2 OBJECTIVE

To ensure that any equipment/appliances purchased:

1. Is suited to the task for which it is intended;

2. Has the endorsement of the Shire of Ashburton Bush Fire Advisory Committee; and

3. Is in the best interests of the Shire of Ashburton Emergency Services as a whole.


For the purposes of this policy, grant funds also includes corporate sponsorship.

1. Individual Brigades, or members thereof, shall not apply for funding or purchase

firefighting equipment or appliances;

2. In order that grant funds may be pursued for the best overall strategic benefit of the

Shire of Ashburton Bush Fire Brigades and grant funds will only be applied for by the

Shire;

3. Any equipment/appliances required by Bush Fire brigades will only be purchased on

behalf of the Brigade by the Shire of Ashburton;

4. Equipment will not be purchased, other than to replace an existing item, unless the

Bush Fire Advisory Committee has determined:

a. the need to purchase the item

b. the item meets all current DFES and Shire of Ashburton standards

c. provision for the insurance/maintenance of the item can be made within the

existing operating budgets.

19 MEMBERSHIP

19.1 INTRODUCTION


1954. As Brigades are under the control of the Shire of Ashburton, the Shire and the Bush

Fire Brigade has a duty of care to Brigade members and prospective members to ensure

that they are suitable to the for role of a Volunteer Bush Fire Fighter

19.2 OBJECTIVE

The intent of this policy is to mutually determine the prospective volunteers or the Bush Fire

Brigades suitability for an ongoing relationship and define the minimum requirements for

members to retain their membership with the Bush Fire Brigade

19.3 APPLICATIONS FOR MEMBERSHIP

A person applying to join a Bush Fire Brigade must attend a minimum of 3 meetings of that

Bush Fire Brigade. The applicant must then obtain a Criminal History Check in accordance

with Policy 20. The applicant will then be eligible for basic training

The Officer Group may vary the required number of meetings a prospective member is

required to attend at their discretion

19.4 CONDITIONS OF MEMBERSHIP


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1. The requirement to serve a probationary period and determine

its length, being not more than 12 months;

2. Any additional procedures that may be employed by the Brigade prior to approval of

an application for membership. Such procedures will include, but are not limited to, a

Criminal History Check;

3. The Brigade is to act within the parameters of this policy in determining applications

for membership.

19.5 AGE LIMITS

The minimum age for any member, is 16 years. There is no maximum age limit, however the

Chief Bush Fire Control Officer may require any member to obtain a medical clearance if he

or she has genuine concerns about the member’s general fitness for duty.

19.6 MEMBERSHIP REGISTRATION

A registration form must be completed for every new member, change of member

information or termination of member, with a copy provided to DFES and the Shire of

Ashburton within 14 days of a decision.

19.7 SUSPENSION OF MEMBERSHIP

Membership of a Brigade may be suspended at any time if, in the opinion of the Brigade

Officers, the CBFCO or the Shire of Ashburton, circumstances warrant suspending the

member.

The period of suspension shall be at the discretion of the Brigade Officers, the CBFCO or

the Shire of Ashburton

The suspension may be from all or part of the member’s responsibilities.

Upon expiry of the period of suspension the Brigade Officers, the CBFCO or the Shire of

Ashburton may:

1. Extend the period of suspension;

2. Terminate the membership; or

3. Reinstate the member.

19.8 TERMINATION OF MEMBERSHIP

Membership of a Brigade terminates if the member:

1. Gives written notice of resignation to the Brigade;

2. Is, on medical advice, permanently incapacitated by mental or physical ill health, to such

a degree that they cannot perform their duties;

3. Is dismissed by the Brigade;

4. Fails to meet commitments subject to this Policy;

5. Is deceased.

All Brigade property is to be returned to the Brigade within two weeks of termination or an

invoice may be sent to the terminated member to recover cost for all equipment issued.

The Brigade Officers, the CBFCO or the Shire of Ashburton may terminate a person’s

membership if that member has been found to have committed:

1. A serious breach of Brigade discipline or policy;

2. Theft of Brigade materials or equipment;

3. Any action with intent to harm the Brigade; or

4. Any action that has harmed the public standing and good name of the Brigade or the

Shire of Ashburton

19.9 MEMBER HAS RIGHT OF DEFENCE


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A Brigade member is not to be dismissed without being given the

opportunity to meet with the Brigade Officers, the CBCFCO or the

Shire of Ashburton and answer any allegations which might give grounds for dismissal.

The member has the right to be accompanied or represented by a support person of their

choice

19.10 OBJECTION RIGHTS

A person whose application for membership is refused, membership is terminated or

membership is suspended has the right of objection to the Council, which may dispose of the

objection by:

1. Dismissing the objection;

2. Varying the decision objected to;

3. Revoking the decision objected to, with or without substituting for it another decision; or

4. Referring the matter, with or without directions, for another decision by the Brigade.

19.11 GRIEVANCE PROCESS

Brigades should refer to the local government’s current grievance procedure to ensure

fairness and equity in any grievance, dispute, or discrimination resolution process. Any

Brigade member who has a grievance will have recourse to this process

20 BRIGADE MEMBERS – TRAINING & COMMITMENT

20.1 INTRODUCTION




This Policy seeks to ensure that volunteer fire fighters have attained the necessary level of

competence prior to their attendance on the fire ground in a wildfire situation and maintain

those competencies by attending Brigade Training.

20.2 OBJECTIVE

The intent of this policy is to stipulate the level of training required to be undertaken by

volunteer Bush Fire Brigade members before they can be considered by the Council to be

competent to be present on the fire ground and to maintain and improve on competencies.


1. A volunteer member of a Shire of Ashburton Bush Fire brigade shall not be permitted

on to the fire ground until they have demonstrated their competence in this regard;

and

2. The minimum attainment of competence shall be demonstrated by the member

having completed the following modules of the DFES Bush Fire Fighters Course:

a. Induction to Fire Fighting

b. Introduction to Fire Fighting

c. Bush Fire Fighting

3. Skills Maintenance

To remain an active member, Brigade members must maintain proficiency and currency of

skills relevant to their role

4. Brigade Training

Brigade members shall participate in ongoing training as specified by the Bush Fire Brigade

Officer Group


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5. Brigade Commitments

Brigade members are required to maintain currency in brigade

activities and training these include but are not limited

Emergency Response

Hazard Reduction

Public Education & School Visits

Brigade Maintenance

Public Service

All of these activities are important parts of the functioning of the Brigade, as such all

Brigade members are expected to participate.

20.4 FAILURE TO MEET COMMITMENTS

Should an Active Member of a Brigade fail to comply with this policy, correspondence will be

forwarded to the Active Member requesting contact be made with the Brigade to indicate the

intentions of the Active Member’s status.

The Brigade member may:

1. Respond to the correspondence providing a reasonable explanation and request for

alternative arrangements to be made for training or meeting obligations;

2. Request leave of absence from Brigade commitments due to personal

circumstances; or

3. Terminate their membership.

If a Brigade member fails to respond to the correspondence within 14 days a subsequent

letter will be forwarded from the Brigade putting the Brigade member on final notice. Should

a Brigade member fail to acknowledge the final notice within 14 days, the membership shall

be terminated, to take effect from the date of the final notice.

20.5 LEAVE OF ABSENCE

A Brigade member may apply in writing to their Brigade for a leave of absence for a

maximum period of 12 months.

21 CRIMINAL HISTORY CHECKS (CHC)

21.1 INTRODUCTION

The Shire of Ashburton on behalf of the Tom Price Volunteer Bush Fire Brigade (TPVBFB)

will undertake Criminal History Checks (CHC) of all Tom Price Volunteer Bush Fire Brigade

personnel to ensure their identity and integrity.

21.2 OBJECTIVE

Tom Price Volunteer Bush Fire Brigade personnel regularly engage with the community

through the services they provide and may have unsupervised access to private property.

They are trusted with the care and use of valuable community assets and work with the

public, often during times when individuals are most vulnerable. Additionally, TPVBFB

personnel are entitled to expect that their colleagues are of good character and do not pose

a risk to their safety.

CHC are a contemporary workplace practice which improve both the Shire’s and the

TPVBFB’s commitment to the wellbeing and safety of its personnel and the community. This

policy outlines the process for undertaking CHC for existing and prospective TPVBFB

personnel.

This policy aims to:


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1. Comply with the Shire’s and the TPVBFB’s legal and

moral responsibility to create a safe and protective

workplace and community environment;

2. Minimise any risk to the community by ensuring the good character of TPVBFB

personnel;

3. Ensure the rules of procedural fairness are applied to TPVBFB personnel who

commit a criminal offence(s).

The policy includes a number of mandatory requirements to ensure CHC are properly

conducted and applied. An adverse criminal record will not necessarily preclude employment

or being a volunteer with the VBFB

Note: The CHC referred to in this document is separate to the Working with Children Check,

which relates specifically to people who carry out “child related work”.

21.3 MANDATORY REQUIREMENTS

APPLICATION

All prospective TPVBFB personnel are required to undertake a CHC and provide a

satisfactory National Police Certificate (NPC) prior to commencing as a volunteer with the

TPVBFB.

PERSONS UNDER 18 YEARS OF AGE

Prospective members under 18 years of age applying to be a senior or active BGU member

are required to undertake a CHC. A parent or guardian must consent to a CHC for a person

under 18 years. Convictions for any of the offences set out in Schedules 1 and 2 of the

Young Offenders Act 1994 will appear on a NPC for an applicant under 18 years of age.

21.4 EXISTING TPVBFB VOLUNTEERS

Existing TPVBFB volunteers who have not previously provided a satisfactory NPC must

undertake a CHC on transfer from the TPVBFB to another Brigade or Unit.

21.5 PROSPECTIVE PERSONNEL WITH AN EXISTING NPC

The Shire will accept an existing satisfactory NPC from prospective personnel providing it is

not more than 3 months old. The person must provide a statutory declaration to certify the

NPC is true and correct and they have not been charged with or convicted of an offence

(excluding minor traffic offences such as speeding) since the NPC was issued.

21.6 TPVBFB PERSONNEL CHARGED WITH AND/OR CONVICTED OF AN

OFFENCE

TPVBFB personnel must report if they are charged and subsequently convicted of an

offence. They must report to the TPVBFB Captain or direct to the CBFCO at the Shire within

14 days of being charged or convicted of an offence.

21.7 SPENT CONVICTIONS ACT 1988

Under the provisions of the Spent Convictions Act 1988, a person can apply to have certain

convictions removed from their criminal record after 10 years plus any term of imprisonment.

The Shire or the TPVBFB must not ask personnel or an applicant to disclose any spent

convictions. The Shire or the TPVBFB cannot discriminate against persons with spent

convictions.

21.8 SOA & DFES WELFARE SUPPORT

The CHC process may cause distress to some persons. Both the Shire and DFES offers

welfare support to TPVBFB personnel through its employee assistance program, peer

support program and the DFES chaplaincy.


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21.9 EXEMPTIONS FROM CHC

A prospective TPVBFB volunteer or short term contactor appointed or engaged for less than

20 working days may be exempt from providing a NPC.

21.10 ACCURACY OF CRIMINAL HISTORY INFORMATION

Current or prospective TPVBFB personnel must dispute any inaccurate information in a NPC

with the service provider, and not with the Shire or the TPVBFB.

21.11 CONFIDENTIALITY

Strict confidentiality must be maintained regarding any CHC and related documentation.

Information on a person CHC must only be accessed and distributed as required for decision

making purposes.

21.12 RECORD RETENTION

Documentation relating to the CHC process will be retained in the region or business area

according to Shire’s Record Keeping Directive ADM04 and the State Records Act 2000

(WA). The NPC must not be kept on file after a decision is made, only the supporting

documentation.

21.13 COSTS

A prospective volunteer must pay to obtain their NPC. Upon clearance and acceptance into

TPVBFB, the cost can be reimbursed from the Shire.

The Shire will cover the costs of a NPC, where an existing volunteer is required to produce a

NPC.

22. USE OF WARNING LAMPS AND AUDIBLE WARNING SYSTEMS

22.1 INTRODUCTION

The Road Traffic Code 2000 permits the use of Warning Lamps and Electric Siren Warning

Systems for vehicles providing active response to an emergency.

To guard against incorrect use and to avoid possible detraction from the significance of

flashing warning lamps and sirens, their use is limited to particular vehicles and particular

circumstances.

The following extracts are taken from the publication “Warning Lamps – A guide for

installation and operation” issued by the Western Australian Department of Planning and

Infrastructure.

Definitions:

Priority Degree of Urgency Level of Risk

1. Most urgent Life and/or Serious Property threat;

2. Urgent - High Risk Personal or Property Risk.

Priority One

Emergency Service role is of the highest priority usually involving life threat, serious injury or

significant property damage. Also the service is in constant alert and may be required at any

time with minimal notice.

Vehicles used in this category will usually provide active response that may involve high

speed and continual contravention of the normal road rules (at times at increased risk) under

special emergency exemption provisions during the period of operation.

Priority Two


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Usually attends dangerous situations, which are generally not first

response or do not require a very high level of urgency. Public are not

exposed to the same danger as for Priority One although there may on occasions be the risk

of life and serious property damage.

Vehicles used in this category will usually provide active response that may involve some

speed and regular contravention of the normal road rules under special emergency

exemption provisions during the period of operation.

All Priority 1 and 2 operators require fully accredited training. Correct legal use and Duty of

Care issues must be addressed before operators are permitted to operate the relevant

vehicle.

Responsibilities of Service Providers

The organisation owning or operating the vehicle shall keep a register of all vehicles fitted

with flashing warning lamps. They shall also maintain details of each training course, those

operators that are accredited and any other information that is necessary to support use of a

certain priority lamp on a vehicle. All of this information shall be readily available for

inspection, by a third party, in particular for instances such as crash investigation or law

enforcement.

Training

Operators of vehicles fitted with flashing warning lamps must be trained in the correct usage

of these lamps. Any organisation operating the vehicle shall be responsible for ensuring that

all operators have been provided with the appropriate training. As mentioned previously

details of all operators should be readily available for inspection.

Priority one and two categories

As vehicles in these categories are normally rapid response emergency vehicles their drivers

are generally exempt from the normal requirements of the Road Traffic Code provided that it

is safe and reasonable in the circumstances to proceed contrary to the regulations.

Organisations operating these vehicles must ensure that their personnel have passed an

appropriate driving course that is relevant to the operation of the particularly vehicle in

emergency situations.

22.2 OBJECTIVE

1. To specify the circumstances, and by whom flashing warning lamps and sirens may

be activated.

2. To guard against incorrect use and to avoid possible detraction from the significance

of flashing warning lamps.


1. All Shire of Ashburton Bush Fire Service Vehicles responding to wildfire emergencies will

use their emergency beacons when:

a) Responding to incident

b) During incident

c) Whilst obeying all road rules at all times

2. Sirens shall only be used when responding to a Priority 1 emergency or if prevailing

traffic conditions warrant their use;

3. Lights and sirens shall not be used when the vehicle is operating under normal road

conditions;


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4. Only persons who are trained in accordance with Council Policy

15 Minimum Driver Training – Shire of Ashburton Fire Appliances

are permitted to operate a vehicle using warning devices;

5. Notwithstanding Policy statement 2 above, the use of lights for reasons of Occupational

Health and Safety, if appliances are being refilled on the side of the road or that

mopping up/blackout operations are also being conducted from the roadside, is

permitted.

23. BRIGADE OFFICER QUALIFICATIONS

23.1 INTRODUCTION




This duty of care extends to the qualifications of Brigade Officers to ensure they have the

necessary combination of formal qualification and experience to perform their roles and

provide for the safety of those whose activities they direct.

The Policy also seeks to provide a pathway for members to follow should they aspire to fill

more senior roles within the Brigade and Ashburton Shire Bush Fire Services.

23.2 OBJECTIVE

The intent of this policy is to stipulate the level of training and experience to be attained by

persons seeking to become officers within volunteer bush fire brigades within the Shire of

Ashburton.

23.3 POLICY

In addition to the qualifications required under Policy 19.24 - Brigade Members –

Competence at Fire Grounds, Council requires that all persons seeking to hold the position

of officer of a brigade within the Shire of Ashburton Bush Fire service shall attain, as a

minimum, the following combination of qualifications and experience:

Captain

1. Be a competent fire fighter with operational experience at this level and,

2. Have completed the following courses as a minimum standard:

a. Fire and Incident Operations

b. Sector Commander

c. Machine Supervision.

d. Australasian Inter-Service Incident Management System (AIIMS)

Awareness

Lieutenant

1. Be a competent fire fighter with operational experience; and

2. Have completed the following courses as a minimum standard:

a. AIIMS Awareness

b. Crew Leader

Brigade Equipment Officer

The Brigade Equipment Officer is elected by the Brigade and is responsible to the Brigade

Captain for the proper management and maintenance of all Brigade property and equipment.

The Brigade Equipment Officer has the following specific functions:

1. Arrange and carry out monthly checks and maintenance on all Council’s firefighting

equipment vested in their respective Brigade;

2. Report any missing or faulty equipment as required by Brigade policy;


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3. Maintain and keep the equipment storage area neat and tidy;

4. Undertake any other function assigned by the Brigade Captain

or Chief Bush Fire Control Officer.

Fire Control Officer

1. Be a competent Fire Fighter with operational experience at this level;

2. To be eligible for appointment as a Bush Fire Control Officer a person must have

completed the Bush Fire Control Officer Training;

3. Notwithstanding Item 2 above, a person will be eligible for appointment as a Bush

Fire Control Officer if they complete the Bush Fire Control Officer Training Program

when next available.

4. For a person to continue as a Bush Fire Control Officer they must complete the Bush

Fire Control Officers Course or a Refresher Course at intervals of no more than every

two years.

Chief/Deputy Chief Bush Fire Control Officer

1. Demonstrated competence as a Fire Control Officer; and

Experience as a Fire Control Officer.


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ENG09 Asset Management Policy

Aim

The purpose of this policy is to demonstrate the Shire of Ashburton’s commitment to the responsible management of its Assets and to establish a framework to ensure that these Assets are acquired, maintained and disposed of in such a manner that the agreed Level of Service delivery is achieved within the constraints of Asset life, cost effectiveness and financial and environmental sustainability.



Department of Local Government Asset Management Framework (WA Government, 2011) Local Government Act (1995) International Infrastructure Management Manual (IPWEA, 2011) Department of Local Government Integrated Planning and Reporting Framework and Guidelines (WA Government, 2010) Local Government (Financial Management) Regulations 1996 Australian Accounting Standards AASB13 – Fair Value Measurement

Principles

Strategic Community Plan 2017 – 2027 Goal 04 – Quality Services and Infrastructure Objective 01 – Quality Public Infrastructure Objective 02 – Accessible and Safe Towns

Approval Date OMC 22 February 2018


Last Review 2018

Next Review 2020


1. BACKGROUND

Local Governments across Australia are facing the challenge of building, operating and

maintaining important infrastructure necessary for the well-being of their communities.

Studies have identified that infrastructure renewal and asset management will be the area of

primary concern into the future.

In 2010, the Minister for Local Government introduced the Integrated Planning Framework

WA, which is aimed at driving the development of a Strategic Plan and a Corporate Business

Plan. Developing an Asset Management Strategy is a crucial part in contributing to

Council’s Corporate Business Plan, ensuring that the Local Government’s assets are

effectively managed and meet the needs of the community now and in the future.

It is stated in the Shire’s Corporate Business Plan (CBP) that the priorities outlined in the

Plan will be progressed in the context of a comprehensive approach to service delivery and

Asset Management. Priority 2 of the CBP promotes the “provision of infrastructure that

enables economic and social vitality.”


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This Asset Management Policy and flow on Asset Management

Strategy and Asset Management Plans are based on the Department

of Local Government Integrated Planning and Reporting Framework and Guidelines.

2. STRATEGIC IMPLICATIONS

This Asset Management Policy has been developed to support the vision, goals and

objectives in the Shire of Ashburton’s Strategic Plan. Council’s Vision:

“We will embrace our unique Pilbara environment and lifestyle through the development of

vibrant, connected and active communities that have access to quality services, exceptional

amenities and economic vitality’

Effective asset management ensures that all Infrastructure assets are well planned and

delivered to the expectations of the community now and into the future.

The Shire of Ashburton 10 Year Strategic Community Plan 2017-2027 outlines the goals and

objectives relevant to Asset Management:

GOAL 04 – Quality services and Infrastructure

Objective 01 – Quality Public Infrastructure

• Provide and maintain affordable infrastructure that serves the current and future

needs of the community, environment, industry and business.

Objective 02 – Accessible and Safe Towns

• Continue to improve and maintain volume and condition of footpaths cycle-ways,

kerbs and signage to provide enhanced amenities and connections with towns.

• Maintain and improve existing lighting, public lighting and increase coverage of

lighting where appropriate.

In order to achieve these goals, the Shire must allocate appropriate resources to asset

management through its financial plan, define its service level expectations through service

delivery plans, and ensure effective risk management.

3. OBJECTIVES

Asset Management is viewed as an important corporate function of the Shire of Ashburton

and Council are committed to supporting the function. The purpose of this policy is to initiate

Asset Management Principles/Framework and Asset Management Responsibilities to

achieve the following objectives and outcomes:

• The Shire’s services and facilities are provided reliably, with the appropriate level of

service to residents, visitors and the environment within the Shire;

• Safeguarding the Shire’s assets including physical assets and employees by

implementing appropriate asset management strategies, practices and financial

treatment of the assets;

• Establish an environment where all Shire employees will assist in the overall

management of the Shire assets;

• Meet all legislative compliance for Asset Management.


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The adoption of an effective asset management approach will provide

the following benefits:

• More sustainable decisions by ensuring all lifecycle costs are included in decision

processes, so that the emphasis is on sustainable efficiencies not unsustainable

short-term gains;

• Enhance customer service through improved understanding of service requirements

and options;

• Improved financial efficiency by recognition of all costs of owning/operating assets

over the lifecycle of the assets.

This Asset Management approach will be supported and achieved through the

implementation of an Asset Management Strategy and Asset Management Plans for

Infrastructure Assets within the Shire of Ashburton.

The implementation of this Asset Management Policy will assist the Shire to meet

community expectations by providing services in a sustainable manner.

4. PRINCIPLES

Asset Management encompasses all of the various actions that Council must take to ensure

that its assets are planned, delivered, managed, renewed and retired to serve both present

and future communities.

4.1 Managing Council Assets

Council assets will be managed by:

4.1.1 A team approach – Coordinated by the Asset Management Business Unit and

supported by the cross-functional Asset Management Working Group. The roles and

responsibilities of all asset users will be well defined and understood in the Asset

Management Strategy.

4.1.2 Council allocating sufficient financial resources (integrated with the Long Term

Financial Plan) to ensure effective asset management practices, timely maintenance and

renewal of assets so that community services are sustained in the long term.

4.1.3 Asset information will be accurate and up to date allowing for appropriate asset

planning, both in the short and long term, and for informed decision making to occur.

4.2 New Assets & Renewal or Upgrade/Expansion of Assets

Prior to consideration of new infrastructure works, renewals or an expansion/upgrade:

4.2.1 A strategic review of the need for, and the life cycle cost of that asset (including

capital, maintenance, operating and renewal costs) will be carried out.

4.2.2 Asset Renewal Plans will be implemented progressively based on priority (condition),

the level of service required, and the effectiveness of the current performance of the asset.

4.2.3 Plans to upgrade existing infrastructure will be considered and evaluated according

to the need to increase the asset’s Level of Service.

4.2.4 Council will continually seek opportunities for multiple uses of assets, as well as,

strategic community partnerships and for economic extensions to infrastructure life.


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4.3 Asset Management Strategy and Asset Management Plans

An Asset Management Strategy will be developed in line with the Strategic Plan and

informed by the community’s aspirations and service requirements that are set out in the

Corporate Business Plan.

In consultation with key stakeholders, Council will determine the Level of Service expected

for each asset class to deliver economic, environmental and social values for the benefit of

the community. These service levels will be adopted and reflected in the Asset Management

Plans for each asset class. The development of Asset Management Plans will also identify:

• The strategic goals;

• The level of service and performance standards;

• The full cost of providing the service

• The future demand; and

• Monitoring and improvement strategies.

The Level of Service for each asset class will drive the desired funding and when assessed

against the Shire’s current budget, this will represent the funding gap. Council will work to

minimise this gap by renewing its assets at the most optimum time. The budgetary

requirements will be fed into the Shire’s Long Term Financial Plan.

5. RISK MANAGEMENT TECHNIQUES

The Shire’s Risk Management Policy (COPR5) outlines the commitment and objectives

regarding managing uncertainty that may impact the Shire’s operations. To ensure the

achievement of our vision and strategic goals and objectives, the Shire needs to ensure

operational/asset management staff (first line defence) identify asset related risks and they

are assessed, managed, monitored and reported. Risk themes identified in relation to Asset

Management and documented in the Asset Management Strategy include:

• Asset Sustainability Practices

• Environmental Management

• Errors, Omissions, Delays

• External theft & fraud including cyber crime

• Management of Facilities/Venues & Events

The criteria adopted in CORP5 will be applied to each asset class to identify any moderate –

high risks and will be covered in the individual asset management plans.

6. RESPONSIBILITIES

In order to support this policy the following key roles and responsibilities have been

identified:

Council

• To act as custodians for Council assets;

• To adopt an Asset Management Policy with linking to the Shire of Ashburton’s 10

Year Strategic Community Plan 2017 - 2027

• To provide an advocacy role with State and Federal Governments and the

community;


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• Demonstrate the organisations commitment to the Council’s

vision and strategic objectives through an integrated and

resourced asset management system to build and maintain intergenerational equity;

• Make informed decisions supported by asset management processes and

costs;

• To comply with Integrated Planning Framework and Fair Value Legislation.

Chief Executive Officer& Senior Management

• Reporting on the status and effectiveness of asset management within Council;

• Continually promote asset management across the organisation;

• To validate and challenge proposals to ensure they meet the Shire’s Strategic Plan

objectives and community needs;

• To ensure community and key stakeholders inputs are integrated into Asset

Management Plans;

• To ensure staff are appropriately trained and skilled to perform the required Asset

Management functions;

• To provide effective communication between Staff, Council and the

Community;

• Responsible for implementing asset management systems, policies and

procedures;

• Delegate specific assets to responsible project officers;

• Promote networks between the community, key stakeholders, and Council’s asset

managers to involve and consult with on the management of Council’s assets.

• Develop and implement a framework for the evaluation and prioritisation of corporate

project proposals incorporating whole of life costing;

• Develop and implement asset management processes and procedures;

• Implementation of Fair Value

• Develop Framework, guidelines and processes to deal with Fair Value reporting.

Asset Management Working Group

• To review this Asset Management Policy;

• To develop and review an Asset Management Strategy;

• Develop and review Asset Management Plans;

• In consultation with the community and key stakeholders, review and develop

“community levels of service” for Council approval, and review technical levels of

service.

• Develop Condition Manuals for all asset classes and undertake regular asset

condition audits;

• To communicate asset management across the organisation.

7. DISABILITY ACCESS AND INCLUSION PLAN

Public Authorities in Western Australia are required to have Disability Service Plans

(DSPs) under the Disability Services Act (1993). This Act was amended in 2004 with a

requirement for public authorities (State Government agencies and Local Governments) to

develop and implement Disability Access and Inclusion Plans (DAIP’s) that further the

principles and objectives of this Act. On 21 November 2017 Council adopted an updated

DAIP at it’s Ordinary Meeting of Council. The principles and objectives of this DAIP are to be


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applied in the responsible management of the Shire’s assets including

acquisition, maintenance and disposal.

8. DEFINITIONS

Asset means a physical item that is owned or controlled by Council, and provides or

contributes to the provision of service to the community.

Asset Register means a record of asset information considered worthy of separate

identification including inventory, historical, condition, and construction, technical and

financial.

Asset Management means the processes applied to assets from their planning, acquisition,

operation, maintenance, replacement and disposal to ensure that the assets meet Council’s

priorities for service delivery.

Asset Management Plan means a plan developed for the management of an infrastructure

asset or asset category that combines multi-disciplinary management techniques (including

technical and financial) over the lifecycle of the asset. The Asset Management Plan

establishes, for each Asset Category:

• Levels of Service (performance, construction, maintenance, and operational

standards);

• Future Demand (rational basis for demand forecasting and selection of options for

proposed new assets);

• Life Cycle Management Plan (including Operations and Maintenance, Renewals and

Replacements, and Expansions and Upgrades);

• Financial Projections;

• Asset Management Practices; and

• Performance Monitoring and Improvement.

Asset Management Strategy means a strategy developed for the management of an asset

that combines multi-disciplinary management techniques over the lifecycle of the asset.

Council means the Council of The Shire of Ashburton

Fair Value is defined as:

“… the amount for which an asset could be exchanged or a liability settled between

knowledgeable, willing parties in an arm’s length transaction.”

And also as:

“… the price that would be received to sell an asset or paid to transfer a liability in an orderly

transaction between market participants at the measurement date.”

Level of Service means meeting community expectations in relation to the quality and

quantity of services delivered by the Council.

Life Costing means the total cost of an asset throughout its life including planning, design,

construction, acquisition, operation, maintenance, and disposal and rehabilitation costs.


Internal


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Strategic Community Plan 2017 – 2027

Corporate Business Plan

Asset Management Strategy

Asset Management Plans


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ENG10 Guidelines for Urban Development

Aim

To provide a guide to assist the Shire and the development industry in managing the assessment and approval processes relating to the installation of roads, drainage, pathways, earthworks, streetscapes and public open space in new subdivisions.



Planning and Development Act 2005 Institute of Public Works Engineering Australia (WA Division Inc.) Shire of Ashburton Town Planning Scheme No.7

Principles Strategic Community Plan 2017 – 2027 Goal 04 – Quality Services and Infrastructure Objective 03 – Well Planned Towns



Last Review 2018

Next Review 2022


OBJECTIVE

The Council will use the latest version of the "Local Government Guidelines for Subdivisional

Development (Edition 2.3)"(Guidelines) document produced by the Institute of Public Works

Engineering Australia (WA Division Inc.) (IPWEA) as the basis for assessing and approving

the installation of infrastructure relevant to the Shire.

The Guidelines will generally underlie and support subdivision conditions applied by the

Western

Australian Planning Commission (WAPC) pursuant to the Planning and Development Act

2005.

The Guidelines encompass current legislation and best practice minimum engineering

standards.

They are intended to guide local government and the development industry through

engineering specification, construction and post construction subdivision approval.

It is understood that IPWEA has committed to update the guidelines on a biannual basis

however the

Council reserves the right to review any updated edition of the Guidelines before it is

considered for adoption under this policy.


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ENG13 Road Management Policy

Aim

The purpose of this policy is to demonstrate the Shire of

Ashburton’s commitment to the responsible management of its

roads and to establish a policy relating to the management of

roads within the Shire’s boundaries.




Main Roads Act 1930

Land Administration Act 1997

Principles Strategic Community Plan 2017 – 2027 Goal 04 – Quality Services and Infrastructure Objective 01 – Quality public Infrastructure



Last Review 2017

Next Review 2019


1. BACKGROUND

The Shire of Ashburton (the “Shire”) is committed to the provision and maintenance of roads

within its boundaries and has an obligation to ensure that the road network provides an

appropriate level of service and functionality for the road user.

A Road Management Policy is required to set out a framework for making consistent,

structured and justifiable decisions as to whether a gazetted road or area of land used as a

road is reasonably required for general public use and is therefore considered to be a “Public

Road”. Once identified as a Public Road and the responsibility of the Shire it is considered a

“Shire road” and must be included in the Shire’s Road Register.

Inclusion in the Road Register is an acknowledgement by the Shire that it is the responsible

road authority in respect of the Public Road, and therefore has the responsibility for its on-

going maintenance, repair, inspection and the risks associated with this function. The level of

service is dependent on the classification of the road in the road hierarchy, the standard to

which the road has been constructed, the funds available for the maintenance and the level

of risk deemed applicable to that road.

If the Shire decides that an area of land used as a road is not the Shire’s responsibility, and

therefore not a Shire Road then the Shire does not have any statutory or common law duty

to inspect, repair or maintain the area of land. In this case, the Shire has the discretion, not


173

duty, to inspect, maintain and repair areas of land used as a road that

are not on the Road Register.

The Shire will be able to decide whether a road is a Shire Road based on criteria that are set

out in this Policy.

2. SCOPE

This Policy is intended to apply only to those roads and road reserves for which the Shire of

Ashburton is the responsible authority.

There are numerous roads and tracks within the Shire that Council is not responsible for, but

are managed by other authorities such as Main Roads Western Australia, the Department of

Parks and Wildlife and other State authorities. In particular, the majority of roads and tracks

through National Parks are not the responsibility of the Shire of Ashburton. A small number

of private roads are the responsibility of their respective owners.

Roads and road reserves that are the responsibility of other authorities (e.g. State roads,

National Park roads, private roads etc.) are not included in this Policy.

This Policy is intended to apply consistently throughout the Shire.

3. STRATEGIC IMPLICATIONS

This Road Management Policy has been developed to support the vision, goals and

objectives in the Shire of Ashburton’s Strategic Plan.

This Policy is also designed to complement the Asset Management Policy. Both policies are

supported by the Strategic Asset Management Plan and Road Asset Management Plan.

4. OBJECTIVES

To provide a framework for making consistent and structured decisions as to whether a road

or area of land used as a road should be included on the Shire’s Road Register.

Specifically, the aim of this Policy is to establish:

The circumstances under which the Shire will accept responsibility for a road,

sections of road or area of land used as a road; and

The process required for the Shire to accept responsibility for a road, sections of road

or area of land that is not currently listed in the Road Register.

5. ROAD REGISTER

The Shire maintains a Road Register. Roads that are not included in this register are

currently not recognised by the Shire as assets, nor does the Shire accept any maintenance

responsibility for such roads.

The existing extent of the Shire’s road network has been determined from historical records

of the extent to which the Shire has established and maintained the road network, with some

additional roads that Council has formally accepted responsibility for, generally through land

development.

Council may determine that additional roads, sections of roads or areas of land used as

roads be included in the Road Register in accordance with this Policy.

6. POLICY


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This Policy sets out the guidelines for staff and elected members in

relation to the management of roads within the Shire boundaries.

1. The Shire is responsible for the management of Shire Roads within its boundaries.

2. The Shire shall maintain a Road Register detailing the roads for which it is the

responsible road authority. The Road Register is a living document that is to be

updated as required by resolution of Council.

3. The criteria for determining consideration for inclusion on from the Road Register are

as follows. The road should satisfy at least one of the following criteria:

a. is gazetted;

b. provides primary access to at least one full-time occupied property (i.e. the

property is otherwise land-locked and without any road frontage);

c. has previously been constructed by, or regularly maintained by the Shire;

d. provides clear benefit to several property owners (not just one);

e. connects into and forms part of the wider network of Public Roads;

f. serves a defined purpose or function for the public (i.e. there would be

consequences if public access was removed and / or the needs for public use

cannot be readily accommodated with alternatives).

g. Provides for a social or economic benefit such as tourism

4. The Shire shall maintain a Road Asset Management Plan that, as a minimum,

outlines the following;

a. The Road Hierarchy System

b. Levels of Service

c. Inspection Programs

d. Construction Standards

e. Maintenance Standards

f. Road Condition Reporting

7. OTHER CONSIDERATIONS

1. Request for Road Registration or Improvement:

In circumstances where property owners or ratepayers wish to have a presently unregistered

road included in the Shire’s Road Register and for it then to be maintained by the Shire, the

ratepayer/s or property owner/s may make application in writing to the Shire to have the road

included.

The road will be inspected and a report prepared for Council’s consideration of the matter at

an Ordinary Council Meeting. Council will not accept responsibility for roads which do not

meet the minimum criteria specified in this Policy. The road will also be assessed against,

and must reach at least the minimum standards that are described in the Road Asset

Management Plan.

Where work is required to bring the proposed road up to a standard that is acceptable by

Council, the costs of performing such work shall be borne by the proponent or proponents

that have made the application to have the road included in the Road Register.

In considering such a proposal, Council will have due regard for the criteria for determining

inclusion on the Road Register and the ongoing maintenance costs generated by the

improved road.


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2. New Developments

Where a new development on rural land requires a higher standard of road than has been

provided, the costs associated with upgrading of the road will be the full responsibility of the

developer. Every effort should be made to address this issue as part of the planning for the

development.

8. DEFINITIONS

Shire means the Shire of Ashburton.

Shire Road means any public road that is on the Road Register of the Shire of Ashburton.

Road Register is a register of all public roads for which the Shire is the responsible road

authority.

9. SUPPORTING DOCUMENTS

This Road Management Policy is a key component of the Shire’s planning and asset

management process. The Policy sits alongside the Asset Management Policy and both are

supported by the Strategic Asset Management Plan, Road Asset Management Plan and

Road Register.

All these documents form part of the formal records of the Shire of Ashburton.


176

6. FINANCE

FIN05 Trading in Public Places - Fees and Charges

Aim

This policy establishes the difference between ‘Town Centre’ and

‘Rest of Shire’ areas for the purposes of assessing Traders Permit

applications. It also provides clarity and guidance on the

preparation and assessment of stallholder/mobile and itinerant

trader applications including commercial activities on Shire land.

The Shire encourages applications that are creative and innovative

that would support the attraction of the Shire as a vibrant location

to live and visit.




Activities on Thoroughfares and Public Places and Trading Local

Law

Principles

Strategic Community Plan 2017 – 2027 Goal 02 – Economic Prosperity Objective 02 – Enduring Partnerships with Industry and Government

Approval Date OMC 15 March 2016


Last Review 2016

Next Review 2020


Objectives

To establish the difference between ‘Town Centre’ and ‘Rest of Shire’ areas for the

purposes of assessing Traders Permits and to provide rationale for the difference

between the two types of permits and the associated fees;

To regulate the level and intensity of trader activity on road reserves and other public

places to ensure that the primary purpose and use of these locations is retained and

protected;

To manage traders in a sustainable way that allows for the ongoing provision of good and

services that promotes community vitality and satisfaction;

To avoid the creation of adverse traffic, pedestrian and general public safety conditions;

To ensure the operation of traders on Shire land or in public places is carried out in

accordance with the Shire’s Local Laws.

Definitions

For the purpose of this Policy, the following definitions shall apply:


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Town Centre - means any land in Tom Price, Paraburdoo,

Pannawonica and Onslow within the marked areas shown on the

maps in Attachment 1.

Rest of Shire - means the whole of the Shire of Ashburton excluding the areas contained

within the marked areas shown on the maps in Attachment 1.

Mobile - means working in one place for a short period of time and then moving on to

operate in another place (for example: Fish Truck, Meat Truck etc.)

Itinerant - means a person who travels along a road looking for customers and who sells,

hires or provides a product or service, from a vehicle which is parked temporarily, to

customers who stop the vendor or come to the vendor while the vehicle is so parked (for

example: ice-cream truck)

Stall -means working in one place for a short period of time usually from a fixed structure

such as a tent or shade shelter (for example: clothing and trinkets sales)

The main difference between an “Itinerant Vendor” and a “Mobile Vendor” is that a mobile

vendor can solicit business from a parked location whereas an itinerant vendor is stopped by

customers (an ice cream van is an itinerant vendor whereas a vehicle parked selling fresh

flowers or produce is a mobile vendor).

Fees and Charges

Applications made pursuant to the Shire of Ashburton Local Law Relating to Trading in

Public Places are subject to an annual fee that is set in the Shire’s Fees and Charges

Schedule.

Any application for any 12-month period entitles the licensee to trade anywhere within the

district or such places as stated on the permit.

The rationale for providing two distinct permit classes is to provide a measure of natural

justice to retail businesses that are established on permanent sites within the town centres of

Tom Price, Paraburdoo, Pannawonica and Onslow and as such are subject to Shire rates.

The higher fee associated with applications for permits to trade within the ‘Town Centre’

areas reflects the desire of the Council to provide a more ‘level playing field’ without stifling

competition or the vibrancy of our towns.

Exemptions

The following exemptions apply:

A ‘produce stall’ within private property outside of town site boundaries;

Selling of newspapers;

Where a trader is part of an event, festival, carnival, market or the like (exemption will

only apply where a trader has received written permission from the organiser of the

event);

Where the activity is a one-off occurrence such as an open day for a business/premises;


178

Community groups conducting car washes where they have the

premises/land owner’s permission, the safety of persons involved

has been adequately considered and planned for and traffic flow is not adversely

affected.

Conditions

The following conditions will apply to all approvals for operating as a trader in a public place:

The use of mechanical chimes or amplified music which could cause a noise nuisance is

not permitted;

Public liability insurance to a minimum of $10 million or cover suitable to the risk

presented is required where an activity occurs on Shire land;

Camping within trader equipment is not permitted and is restricted by the Caravan Parks

and Camping Grounds Act and Regulation;

No trading is permitted within 100m of schools between the hours of 14.30 and 16.00

(except during school holidays);

In relation to traffic management and safety, no trading will be permitted within 100m of

an approved event;

Traders are responsible for managing all waste generated as part of their trading activity;

Any alfresco dining associated with trading activity is limited to a maximum of three (3)

tables with four (4) chairs per table and cannot occur on designated footpaths or restrict

pedestrians;

Advertising cannot occur on designated footpaths or restrict pedestrians;

For itinerant traders, moving to a new location once the majority of customer requests

have been serviced.

Consent to use land

Where the road is under the control of Main Roads WA, their written consent is

preferred prior to processing the application;

Where the land is not under the care, control or management of the Shire, the written

consent of the Crown via the Department of Lands is preferred prior to processing the

application;

Where the land is privately owned, the written consent of the land owner is required prior

to processing the application.

Trading location restrictions

The following limitations apply to the Town Centre Areas as defined in the maps attached to

FIN05:

Tom Price Town Centre

Trading in the Tamarind Street car park is restricted to one light vehicle with a trailer;

Heavy vehicles (anything large than a light vehicle and trailer) are required to trade at Lot

978 Stadium Road, opposite Windawarri Lodge or a suitable alternative to the satisfaction

of the Shire.

Onslow Town Centre


179

All traders are to operate from Lot 937 Second Avenue (outside of

Visitor Centre/Museum).

This does not apply to itinerant traders.

Trading hours

Trading may only take place between 05.00-22.00 hours.

Reference to related documents

Local Government Act 1995 and subsidiary legislation

Health Act 1911 and subsidiary legislation

Food Act 2008 and subsidiary legislation

Shire of Ashburton’s Activities on Thoroughfares and Public Places and Trading Local

Law

FIN05 ‘Trading in Public Places Policy – Fees and Charges’

Shire of Ashburton Town Planning Scheme No. 7

Environment protection Act 1986 and subsidiary legislation

National Competition Principles Agreement


180


181


182


183


184

FIN06 Significant Accounting Policy

Aim To provide guidelines for the preparation of the financial report

Application All staff



Local Government (Financial Management) Regulations 1995

Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary team and work environment



Last Review 2018

Next Review 2019


(a) Basis of Accounting

The financial report is a general purpose financial report which has been prepared in

accordance with applicable Australian Accounting Standards and the Local

Government Act 1995 (as amended) and accompanying regulations (as amended).

The report has also been prepared on the accrual basis under the convention of

historical cost accounting.

(b) Critical accounting estimates

The preparation of a financial report in conformity with Australian Accounting

Standards requires management to make judgements, estimates and assumptions

that effect the application of policies and reported amounts of assets and liabilities,

income and expenses.

The estimates and associated assumptions are based on historical experience and

various other factors that are believed to be reasonable under the circumstances; the

results of which form the basis of making the judgements about carrying values of

assets and liabilities that are not readily apparent from other sources. Actual results

may differ from these estimates.

(c) The Local Government Reporting Entity

All Funds through which the Council controls resources to carry on its functions have

been included in the financial statements forming part of this financial report. In the

process of reporting on the local government as a single unit, all transactions and

balances between those funds (for example, loans and transfers between Funds) have


185

been eliminated. All monies held in the Trust Fund are excluded

from the financial statements, but a separate statement of those

monies appears as a Note to this financial report

(d) Goods and Services Tax

Revenues, expenses and assets are recognised net of the amount of GST, except

where the amount of GST incurred is not recoverable from the Australian Taxation

Office (ATO). Receivables and payables are stated inclusive of GST receivable or

payable. The net amount of GST recoverable from, or payable to, the ATO is included

with receivables or payables in the statement of financial position.

Cash flows are presented on a gross basis. The GST components of cash flows arising

from investing or financing activities which are recoverable from, or payable to, the

ATO are presented as operating cash flows.

(e) Cash and Cash Equivalents

Cash and cash equivalents include cash on hand, cash at bank, deposits available on

demand with banks and other short term highly liquid investments that are readily

convertible to known amounts of cash and which are subject to an insignificant risk of

changes in value and bank overdrafts. Bank overdrafts are reported as short term

borrowings in current liabilities in the statement of financial

position.

(f) Trade and Other Receivables

Trade and other receivables include amounts due from ratepayers for unpaid rates and

service charges and other amounts due from third parties for goods sold and services

performed in the ordinary course of business.

Receivables expected to be collected within 12 months of the end of the reporting

period are classified as current assets. All other receivables are classified as non-

current assets. Collectability of trade and other receivables is reviewed on an ongoing

basis. Debts that are known to be uncollectible are written off when identified. An

allowance for doubtful debts is raised when there is objective evidence that they will

not be collectible.

(g) Inventories

General

Inventories are measured at the lower of cost and net realisable value. Net realisable

value is the estimated selling price in the ordinary course of business less the

estimated costs of completion and the estimated costs necessary to make the sale.

Land held for sale

Land held for development and sale is valued at the lower of cost and net realisable

value. Cost includes the cost of acquisition, development, borrowing costs and holding

costs until completion of development. Finance costs and holding charges incurred

after development is completed are expensed. Gains and losses are recognised in

profit or loss at the time of signing an unconditional contract of sale if significant risks

and rewards, and effective control over the land, are passed on to the buyer at this

point. Land held for sale is classified as current except where it is held as non-current

based on the Council’s intentions to release for sale.


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(h) Fixed Assets

Each class of fixed assets within either property, plant and

equipment or infrastructure, is carried at cost or fair value as indicated less, where

applicable, any accumulated depreciation and impairment losses. Mandatory

requirement to revalue non-current assets Effective from 1 July 2012, the Local

Government (Financial Management) Regulations were amended and the

measurement of non-current assets at Fair Value became mandatory.

During the year ended 30 June 2013, the Shire commenced the process of adopting

Fair Value in accordance with the Regulations. Whilst the amendments initially allowed

for a phasing in of fair value in relation to fixed assets over three years, as at 30 June

2015 all non-current assets were carried at Fair Value in accordance with the the

requirements.

Thereafter, each asset class must be revalued in accordance with the regulatory

framework established and the Shire revalues its asset classes in accordance with this

mandatory timetable. Relevant disclosures, in accordance with the requirements of

Australian Accounting Standards, have been made in the financial report as

necessary.

Land under control

In accordance with Local Government (Financial Management) Regulation 16(a), the

Shire was required to include as an asset (by 30 June 2013), Crown Land operated by

the local government as a golf course, showground, racecourse or other sporting or

recreational facility of State or Regional significance.

Upon initial recognition, these assets were recorded at cost in accordance with AASB

116. They were then classified as Land and revalued along with other land in

accordance with the other policies detailed in this Note.

Initial recognition and measurement between mandatory revaluation dates

All assets are initially recognised at cost and subsequently revalued in accordance with

the mandatory measurement framework detailed above. In relation to this initial

measurement, cost is determined as the fair value of the assets given as consideration

plus costs incidental to the acquisition. For assets acquired at no cost or for nominal

consideration, cost is determined as fair value at the date of acquisition. The cost of

non-current assets constructed by the Shire includes the cost of all materials used in

construction, direct labour on the project and an appropriate proportion of variable and

fixed overheads.

Individual assets acquired between initial recognition and the next revaluation of the

asset class in accordance with the mandatory measurement framework detailed

above, are carried at cost less accumulated depreciation as management believes this

approximates fair value. They will be subject to subsequent revaluation at the next

anniversary date in accordance with the mandatory measurement framework detailed

above.

Revaluation

Increases in the carrying amount arising on revaluation of assets are credited to a

revaluation surplus in equity. Decreases that offset previous increases of the same

asset are recognized against revaluation surplus directly in equity. All other decreases


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are recognised in profit or loss.

Land under roads

In Western Australia, all land under roads is Crown Land, the responsibility for

managing which, is vested in the local government. Effective as at 1 July 2008, Council

elected not to recognise any value for land under roads acquired on or before 30 June

2008. This accords with the treatment available in Australian Accounting Standard

AASB 1051 Land Under Roads and the fact Local Government (Financial

Management) Regulation 16(a)(i) prohibits local governments from recognising such

land as an asset.

In respect of land under roads acquired on or after 1 July 2008, as detailed above,

Local Government (Financial Management) Regulation 16(a)(i) prohibits local

governments from recognising such land as an asset. Whilst such treatment is

inconsistent with the requirements of AASB 1051, Local Government (Financial

Management) Regulation 4(2) provides, in the event of such an inconsistency, the

Local Government (Financial Management) Regulations prevail. Consequently, any

land under roads acquired on or after 1 July 2008 is not included as an asset of the

Shire.

Depreciation

The depreciable amount of all fixed assets including buildings but excluding freehold

land, are depreciated on a straight-line basis over the individual asset’s useful life from

the time the asset is held ready for use. Leasehold improvements are depreciated over

the shorter of either the unexpired period of the lease or the estimated useful life of the

improvements. When an item of property, plant and equipment is revalued, any

accumulated depreciation at the date of the revaluation is treated in one of the following

ways:

a) Restated proportionately with the change in the gross carrying amount of the asset

so that the carrying amount of the asset after revaluation equals its revalued amount;

or

b) Eliminated against the gross carrying amount of the asset and the net amount

restated to the revalued amount of the asset.

Major depreciation periods used for each class of depreciable asset are:

Buildings 15 to 100 years 1-6.67%

Furniture and Equipment 4 to 10 years 10-25%

Computer Equipment 3 years 33.33%

Office Equipment 5 years 20%

Plant and Equipment 3 to 15 years 6.67 33.33%

Motor Vehicles 3-5 years 20-33%

Infrastructure Other 10-100 years 1 - 10%

Water Supply Piping & Drainage Systems 100 years 1%

Sewerage piping 100 years 1%

Footpaths 35-50 years 2-2.85%

Gravel roads

Construction/Road Base 80 years 1.25%

Gravel Sheet 12 years 8.33%


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Formed Roads (unsealed)


Sealed Roads and Streets


Major re-surfacing Bituminous Seals 14 years 7.14%

Asphalt Surfaces 30 years 3.33%

The assets residual values and useful lives are reviewed, and adjusted if appropriate,

at the end of each reporting period. An asset's carrying amount is written down

immediately to its recoverable amount if the asset's carrying amount is greater than its

estimated recoverable amount. Gains and losses on disposals are determined by

comparing proceeds with the carrying amount. These gains and losses are included in

the statement of comprehensive income in the period in which they arise.

Capitalisation threshold

Expenditure under the thresholds listed below is not capitalised. Rather, it is

recorded on an asset inventory listing.

- Land Nil (All Land Capitalised)

- Buildings 10,000

- Plant & Equipment 5,000

- Furniture & Equipment 5,000

- Infrastructure 10,000

(i) Fair Value of Assets and Liabilities

When performing a revaluation, the Shire uses a mix of both independent and

management valuations using the following as a guide:

Fair Value is the price that the Shire would receive to sell the asset or would have to

pay to transfer a liability, in an orderly (i.e. unforced) transaction between independent,

knowledgeable and willing market participants at the measurement date.

As fair value is a market-based measure, the closest equivalent observable market

pricing information is used to determine fair value. Adjustments to market values may

be made having regard to the characteristics of the specific asset or liability. The fair

values of assets that are not traded in an active market are determined using one or

more valuation techniques. These valuation techniques maximise, to the extent

possible, the use of observable market data.

To the extent possible, market information is extracted from either the principal market

for the asset or liability (i.e. the market with the greatest volume and level of activity for

the asset or liability) or, in the absence of such a market, the most advantageous

market available to the entity at the end of the reporting period (i.e. the market that

maximises the receipts from the sale of the asset after taking into account transaction

costs and transport costs).


189

For non-financial assets, the fair value measurement also takes

into account a market participant’s ability to use the asset in its

highest and best use or to sell it to another market participant that would use the asset

in its highest and best use.

Fair value hierarchy

AASB 13 requires the disclosure of fair value information by level of the fair value

hierarchy, which categorises fair value measurement into one of three possible levels

based on the lowest level that an input that is significant to the measurement can be

categorised into as follows:

Level 1

Measurements based on quoted prices (unadjusted) in active markets for identical

assets or liabilities that the entity can access at the measurement date.

Level 2

Measurements based on inputs other than quoted prices included in Level 1 that are

observable for the asset or liability, either directly or indirectly.

Level 3

Measurements based on unobservable inputs for the asset or liability.

The fair values of assets and liabilities that are not traded in an active market are

determined using one or more valuation techniques. These valuation techniques

maximise, to the extent possible, the use of observable market data. If all significant

inputs required to measure fair value are observable, the asset or liability is included

in Level 2. If one or more significant inputs are not based on observable market data,

the asset or liability is included in Level 3.

Valuation techniques

The Shire selects a valuation technique that is appropriate in the circumstances and

for which sufficient data is available to measure fair value. The availability of sufficient

and relevant data primarily depends on the specific characteristics of the asset or

liability being measured. The valuation techniques selected by the Shire are consistent

with one or more of the following valuation approaches:

Market approach

Valuation techniques that use prices and other relevant information generated by

market transactions for identical or similar assets or liabilities.

Income approach

Valuation techniques that convert estimated future cash flows or income and expenses

into a single discounted present value.

Cost approach

Valuation techniques that reflect the current replacement cost of an asset at its

current service capacity.

Each valuation technique requires inputs that reflect the assumptions that buyers and

sellers would use when pricing the asset or liability, including assumptions about risks.

When selecting a valuation technique, the Shire gives priority to those techniques that

maximise the use of observable inputs and minimise the use of unobservable inputs.


190

Inputs that are developed using market data (such as publicly

available information on actual transactions) and reflect the

assumptions that buyers and sellers would generally use when pricing the asset or

liability are considered observable, whereas inputs for which market data is not

available and therefore are developed using the best information available about such

assumptions are considered unobservable.

As detailed above, the mandatory measurement framework imposed by the Local

Government (Financial Management) Regulations requires, as a minimum, all assets

carried at a revalued amount to be revalued in accordance with the regulatory

framework.

(j) Financial Instruments

Initial recognition and measurement

Financial assets and financial liabilities are recognised when the Shire becomes a

party to the contractual provisions to the instrument. For financial assets, this is

equivalent to the date that the Shire commits itself to either the purchase or sale of the

asset (i.e. trade date accounting is adopted).

Financial instruments are initially measured at fair value plus transaction costs, except

where the instrument is classified 'at fair value through profit or loss', in which case

transaction costs are expensed to profit or loss immediately.

Classification and subsequent measurement

Financial instruments are subsequently measured at fair value, amortised cost using

the effective interest rate method, or at cost.

Amortised cost is calculated as:

(a) the amount in which the financial asset or financial liability is measured at initial

recognition;

(b) less principal repayments and any reduction for impairment; and

(c) plus or minus the cumulative amortisation of the difference, if any, between the

amount initially recognised and the maturity amount calculated using the effective

interest rate method.

The effective interest method is used to allocate interest income or interest expense

over the relevant period and is equivalent to the rate that discounts estimated future

cash payments or receipts (including fees, transaction costs and other premiums or

discounts) through the expected life (or when this cannot be reliably predicted, the

contractual term) of the financial instrument to the net carrying amount of the

financial asset or financial liability. Revisions to expected future net cash flows will

necessitate an adjustment to the carrying value with a consequential recognition of

an income or expense in profit or loss.

Classification and subsequent measurement (continued)

(i) Financial assets at fair value through profit and loss


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Financial assets are classified as “fair value through profit or

loss” when they are held for trading for the purpose of short-term

profit taking. Such assets are subsequently measured at fair value with changes in

carrying amount being included in profit or loss. Assets in this category are classified

as current assets.

(ii) Loans and receivables

Loans and receivables are non-derivative financial assets with fixed or determinable

payments that are not quoted in an active market and are subsequently measured at

amortised cost. Gains or losses are recognised in profit or loss. Loans and receivables

are included in current assets where they are expected to mature within 12 months

after the end of the reporting period.

(iii) Held-to-maturity investments

Held-to-maturity investments are non-derivative financial assets with fixed maturities

and fixed or determinable payments that the Shire has the positive intention and ability

to hold to maturity. They are subsequently measured at amortised cost. Gains or

losses are recognised in profit or loss.

Held-to-maturity investments are included in current assets, where they are expected

to mature within 12 months after the end of the reporting period. All other investments

are classified as non-current.

(iv) Available-for-sale financial assets

Available-for-sale financial assets are non-derivative financial assets that are either

not suitable to be classified into other categories of financial assets due to their nature,

or they are designated as such by management. They comprise investments in the

equity of other entities where there is neither a fixed maturity nor fixed or determinable

payments.

They are subsequently measured at fair value with changes in such fair value (i.e.

gains or losses) recognised in other comprehensive income (except for impairment

losses). When the financial asset is derecognised, the cumulative gain or loss

pertaining to that asset previously recognised in other comprehensive income is

reclassified into profit or loss.

Available-for-sale financial assets are included in current assets, where they are

expected to be sold within 12 months after the end of the reporting period. All other

available-for-sale financial assets are classified as non-current.

(v) Financial liabilities

Non-derivative financial liabilities (excluding financial guarantees) are subsequently

measured at amortised cost. Gains or losses are recognised in profit or loss.

Impairment

A financial asset is deemed to be impaired if, and only if, there is objective evidence of

impairment as a result of one or more events (a “loss event”) having occurred, which

will have an impact on the estimated future cash flows of the financial asset(s).


192

In the case of available-for-sale financial assets, a significant or

prolonged decline in the market value of the instrument is

considered a loss event. Impairment losses are recognised in profit or loss

immediately. Also, any cumulative decline in fair value previously recognised in other

comprehensive income is reclassified to profit or loss at this point. In the case of

financial assets carried at amortised cost, loss events may include: indications that the

debtors or a group of debtors are experiencing significant financial difficulty, default or

delinquency in interest or principal payments; indications that they will enter

bankruptcy or other financial reorganisation; and changes in arrears or economic

conditions that correlate with defaults.

For financial assets carried at amortised cost (including loans and receivables), a

separate allowance account is used to reduce the carrying amount of financial assets

impaired by credit losses. After having taken all possible measures of recovery, if

management establishes that the carrying amount cannot be recovered by any means,

at that point the written-off amounts are charged to the allowance account or the

carrying amount of impaired financial assets is reduced directly if no impairment

amount was previously recognised in the allowance account.

Derecognition

Financial assets are derecognised where the contractual rights to receipt of cash flows

expire or the asset is transferred to another party whereby the Shire no longer has any

significant continual involvement in the risks and benefits associated with the asset.

Financial liabilities are derecognised where the related obligations are discharged,

cancelled or expired. The difference between the carrying amount of the financial

liability extinguished or transferred to another party and the fair value of the

consideration paid, including the transfer of non-cash assets or liabilities assumed, is

recognised in profit or loss.

(j) Impairment of Assets

In accordance with Australian Accounting Standards the Shire's assets, other than

inventories, are assessed at each reporting date to determine whether there is any

indication they may be impaired.

Where such an indication exists, an impairment test is carried out on the asset by

comparing the recoverable amount of the asset, being the higher of the asset's fair

value less costs to sell and value in use, to the asset's carrying amount.

Any excess of the asset's carrying amount over its recoverable amount is recognised

immediately in profit or loss, unless the asset is carried at a revalued amount in

accordance with another Standard (e.g. AASB 116) whereby any impairment loss of a

revalued asset is treated as a revaluation decrease in accordance with that other

Standard. For non-cash generating assets such as roads, drains, public buildings and

the like, value in use is represented by the depreciated replacement cost of the asset.

(k) Trade and Other Payables

Trade and other payables represent liabilities for goods and services provided to the

Shire prior to the end of the financial year that are unpaid and arise when the Shire

becomes obliged to make future payments in respect of the purchase of these goods


193

and services. The amounts are unsecured, are recognised as a

current liability and are normally paid within 30 days of

recognition.

(l) Employee Benefits

Short-term employee benefits

Provision is made for the Shire’s obligations for short-term employee benefits. Short-

term employee benefits are benefits (other than termination benefits) that are expected

to be settled wholly before 12 months after the end of the annual reporting period in

which the employees render the related service, including wages, salaries and sick

leave. Short-term employee benefits are measured at the (undiscounted) amounts

expected to be paid when the obligation is settled.

The Shire’s obligations for short-term employee benefits such as wages, salaries and

sick leave are recognised as a part of current trade and other payables in the statement

of financial position. The Shire’s obligations for employees’ annual leave and long

service leave entitlements are recognised as provisions in the statement of financial

position.

Other long-term employee benefits

Provision is made for employees’ long service leave and annual leave entitlements not

expected to be settled wholly within 12 months after the end of the annual reporting

period in which the employees render the related service. Other long-term employee

benefits are measured at the present value of the expected future payments to be

made to employees. Expected future payments incorporate anticipated future wage

and salary levels, durations of service and employee departures and are discounted

at rates determined by reference to market yields at the end of the reporting period on

government bonds that have maturity dates that approximate the terms of the

obligations. Any remeasurements for changes in assumptions of obligations for other

long-term employee benefits are recognised in profit or loss in the periods in which the

changes occur.

The Shire’s obligations for long-term employee benefits are presented as non-current

provisions in its statement of financial position, except where the Shire does not have

an unconditional right to defer settlement for at least 12 months after the end of the

reporting period, in which case the obligations are presented as current provisions.

(m) Borrowing Costs

Borrowing costs are recognised as an expense when incurred except where they are

directly attributable to the acquisition, construction or production of a qualifying asset.

Where this is the case, they are capitalised as part of the cost of the particular asset

until such time as the asset is substantially ready for its intended use or sale.

(n) Provisions

Provisions are recognised when the Shire has a present legal or constructive

obligation, as a result of past events, for which it is probable that an outflow of

economic benefits will result and that outflow can be reliably measured. Provisions are

measured using the best estimate of the amounts required to settle the obligation at

the end of the reporting period.

(o) Leases


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Leases of fixed assets where substantially all the risks and

benefits incidental to the ownership of the asset, but not legal

ownership, are transferred to the Shire, are classified as finance leases.

Finance leases are capitalised recording an asset and a liability at the lower amounts

equal to the fair value of the leased property or the present value of the minimum lease

payments, including any guaranteed residual values. Lease payments are allocated

between the reduction of the lease liability and the lease interest expense for the

period.

Leased assets are depreciated on a straight line basis over the shorter of their

estimated useful lives or the lease term. Lease payments for operating leases, where

substantially all the risks and benefits remain with the lessor, are charged as expenses

in the periods in which they are incurred.

Lease incentives under operating leases are recognised as a liability and amortised

on a straight line basis over the life of the lease term.

(p) Investment in Associates

An associate is an entity over which the Shire has significant influence. Significant

influence is the power to participate in the financial operating policy decisions of that

entity but is not control or joint control of those policies. Investments in associates are

accounted for in the financial statements by applying the equity method of accounting,

whereby the investment is initially recognised at cost and adjusted thereafter for the

post-acquisition change in the Shire’s share of net assets of the associate. In addition,

the Shire’s share of the profit or loss of the associate is included in the Shire’s profit or

loss.

The carrying amount of the investment includes, where applicable, goodwill relating to

the associate. Any discount on acquisition, whereby the Shire’s share of the net fair

value of the associate exceeds the cost of investment, is recognised in profit or loss in

the period in which the investment is acquired.

Profits and losses resulting from transactions between the Shire and the associate are

eliminated to the extent of the Shire’s interest in the associate. When the Shire’s share

of losses in an associate equals or exceeds its interest in the associate, the Shire

discontinues recognising its share of further losses unless it has incurred legal or

constructive obligations or made payments on behalf of the associate. When the

associate subsequently makes profits, the Shire will resume recognising its share of

those profits once its share of the profits equals the share of the losses not recognised.

(q) Interests in Joint Arrangements

Joint arrangements represent the contractual sharing of control between parties in a

business

venture where unanimous decisions about relevant activities are required.

Separate joint venture entities providing joint ventures with an interest to net assets

are classified as a joint venture and accounted for using the equity method. Refer to

note 1(o) for a description of the equity method of accounting.


195

Joint venture operations represent arrangements whereby joint

operators maintain direct interests in each asset and exposure

to each liability of the arrangement. The Shire’s interests in the assets liabilities,

revenue and expenses of joint operations are included in the respective line items of

the financial statements. Information about the joint ventures is set out in Note 16.

(r) Rates, Grants, Donations and Other Contributions

Rates, grants, donations and other contributions are recognised as revenues when the

local government obtains control over the assets comprising the contributions. Control

over assets acquired from rates is obtained at the commencement of the rating period

or, where earlier, upon receipt of the rates.

Where contributions recognised as revenues during the reporting period were obtained

on the condition that they be expended in a particular manner or used over a particular

period, and those conditions were undischarged as at the reporting date, the nature of

and amounts pertaining to those undischarged conditions are disclosed in Note 2(c) .

That note also discloses the amount of contributions recognized as revenues in a

previous reporting period which were obtained in respect of the local government's

operations for the current reporting period.

(s) Superannuation

The Shire contributes to a number of Superannuation Funds on behalf of employees.

All funds to which the Shire contributes are defined contribution plans.

(t) Current and Non-Current Classification

In the determination of whether an asset or liability is current or non-current,

consideration is given to the time when each asset or liability is expected to be settled.

The asset or liability is classified as current if it is expected to be settled within the next

12 months, being the Shire’s operational cycle. In the case of liabilities where the Shire

does not have the unconditional right to defer settlement beyond 12 months, such as

vested long service leave, the liability is classified as current even if not expected to

be settled within the next 12 months. Inventories held for trading are classified as

current even if not expected to be realised in the next 12 months except for land held

for sale where it is held as non-current based on the Shire’s intentions to release for

sale.

(u) Rounding Off Figures

All figures shown in this annual financial report, other than a rate in the dollar, are

rounded to the nearest dollar.

(v) Comparative Figures

Where required, comparative figures have been adjusted to conform to changes in

presentation for the current financial year. When the Shire applies an accounting policy

retrospectively, makes a retrospective restatement or reclassifies items in its financial

statement, an additional (third) statement of financial position as at the beginning of

the preceding period in addition to the minimum comparative financial statements is

presented.

(w) Budget Comparative Figures

Unless otherwise stated, the budget comparative figures shown in this annual financial

report relate to the original budget estimate for the relevant item of disclosure.


196

FIN07 Investment Policy

Aim

The purpose of this Policy is to invest the Shire of Ashburton’s

surplus funds, with consideration of risk and the most favourable

rate of interest available to it at the time, for that investment type,

while ensuring that its liquidity requirements are being met.

To support the local bank, where possible, with the intention of

ensuring the bank is retained within the Shire.




Trustees Act 1962

Local Government (Financial Management) Regulations1996

Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership



Last Review 2018

Next Review 2020


Surplus funds to immediate requirements shall be deposited into an authorised institution, in

accordance with Section 19 Local Government (Financial Management) Regulations 1996.

Prudent Person Standard

The investment will be managed with the care, diligence and skill that a prudent person

would exercise. Officers are to manage the investment portfolios to safeguard the portfolios

in accordance with the spirit of this Investment of Funds Policy, and not for speculative

purposes.

Ethics and Conflicts of Interests

Officers shall refrain from personal activities that would conflict with the proper execution and

management of Council’s investment portfolio. The Department of Local Government and

Communities No.1 “Disclosure of Interests Affecting Impartiality” and No.21 “Disclosure of

Financial Interests in Return” provide guidance for recognising and disclosing any conflict of

interest.

Any independent advisors are required to disclose any actual or perceived conflicts of

interest.

Approved Investments

Investments may only be made with authorised institutions as follows:

• An authorised deposit-taking institution as defined in the Banking Act 1959

(Commonwealth) section 5 with a Standard & Poor’s (or its equivalent) credit rating


197

of BBB or higher; or

• The Western Australian Treasury Corporation established by the

Western

Australian Treasury Corporation Act 1986.

• Bonds that are guaranteed by the Commonwealth or a State or Territory and which

have a term not exceeding three years.

Prohibited Investments

Investments which are not allowed are as follows:

• Deposits with an institution except an authorised institution; and/or

• Deposits for a fixed term of more than 12 months;

• Stand-alone securities issued that have underlying futures, options, forwards

contracts and swaps of any kind or are in a foreign currency.

Professional Advice

The Shire may from time to time retain the services of suitably qualified investment

professionals to provide assistance in investment strategy formulation, portfolio

implementation and monitoring.

Any such independent advisor must be approved by Council and licensed by the Australian Securities and investment Commission. The advisor must be an independent person who has no actual or potential conflict of interest in relation to investment products being recommended and is free to choose the most appropriate product within the terms and conditions of this investment policy.

Any independent advisor engaged by the Shire is required to provide written confirmation that they do not have any actual or potential conflicts of interest in relation to the investment they are recommending or reviewing, including that they are not receiving any commissions or other benefits in relation to the investments being recommended or reviewed. Investment Funds All cash and investment held by the Shire are placed in common investments in accordance with Local Government (Financial Management) Regulation 1996 Regulation 8. Risk Management Guidelines Investments are restricted to bank investments only. The term of the investment will be based on forward cash flow requirements to ensure investment return on available surplus funds. All investments obtained must comply with three key criteria relating to:

• Portfolio Credit Framework limit overall credit exposure of the portfolio • Counterparty Credit Framework: limit exposure to individual • counterparties/institution; and • Term to Maturity Framework: limits based upon maturity of securities.

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

S&P Long Term Rating S&P Short Term Rating Direct Investment Maximum

AAA A-1+ 100%

AA A-1+ 100%


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A A-1 60%

B A-2 20%

If any of the investments within the portfolio are subject to a credit rating downgrade such

that the portfolio credit percentage are no longer compliant with the Investment Policy, the

investment will be diverted as soon as practicable.

Counterparty Credit Framework

Exposure to an individual counterparty/institution will be restricted by its credit rating so that

single entity exposure is limited. There may be on occasion, subject to cash flow

requirements e.g. for end of year balancing and reserve transfers, direct investment

maximum percentage greater than 40% for a single percentage, as detailed in the table

below:

S&P Long Term Rating S&P Short Term Rating Direct Investment Maximum

AAA A-1+ 40%

AA A-1+ 40%

A A-1 20%

B A-2 10%

If any of the investments within the portfolio are subject to a credit rating downgrade such

that the portfolio credit percentage are no longer compliant with the Investment Policy, the

investment will be diverted as soon as practicable.

Term to Maturity Framework

The investment portfolio is to be invested within the following maturity constraints: investment type

Term to Maturity

ADI Deposits < 12 months

State/Commonwealth Government Bonds < 3 years

Reporting and Review

Council will receive a monthly report on the investment portfolio, listing for each investment

the institution, amount, and term to maturity, maturity date, amount interest rate, and % of

total portfolio represented by the individual investment. A summary of the composition of the

investment portfolio by credit rating and institution will also be included.


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FIN09 Authorised Signatures for Cheque/Electronic Funds

Transfer (EFT) Payments

Aim

To develop procedures for the effective security and properly

authorised use of cheques/EFT payments whilst ensuring that the

Shire provides good customer service through the timely signing of

cheques/ETFs.



Local Government Act 1995 Section 6.10

Local Government (Financial Management) Regulations 1996 Part 2

Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment



Last Review 2018

Next Review 2020


All payments made by cheque/EFT require the authorisation of two signatories. The

authorised signatories are to be a combination of:

Chief Executive Officer and/or

Directors


200

FIN10 Wittenoom Townsite, Wittenoom Gorge and

Yampire -Gorge Rates and Services

Aim

To cease providing all physical services to Wittenoom and Yampire

Gorge. To cease waiving rates for Wittenoom properties. To cease

the promotion of Wittenoom and Yampire Gorge

Application Residents of Wittenoom


Local Government (Financial Management) Regulations 1996 Part 5 --

Rates and Service charges




Last Review 2018

Next Review 2020


PURPOSE

To cease providing all physical services to Wittenoom and Yampire Gorge.

To cease waiving rates for Wittenoom properties; take possession of land where rates remain outstanding; and dispose of such properties taken possession of to the Crown.

To cease the promotion of Wittenoom and Yampire Gorge.

To work in harmony with the State Government, residents and industry to achieve the outcomes of this policy.

The policy acknowledges the intention of the Council to minimise its exposure to future claims for compensation or damages.

OBJECTIVE

The town of Wittenoom and mine sites in Wittenoom Gorge and Yampire Gorge based upon

latest information (or lack of it to the contrary) represent a hazard to human health due to the

considered presence of airborne blue asbestos fibres (crocidolite).

The current areas to be avoided are defined as the entire township of Wittenoom as shown

on the attached plan (comprising the roads bounded by Forrest Street, Carey Street,

Seventh Avenue, the former King Street to Third Avenue, Burgess Street, Windell Avenue

and First Avenue and including those roads and all properties adjacent to them) and within

1km of the mine sites located within the Wittenoom Gorge. In Yampire Gorge the area to be

avoided is defined as lengths along the Yampire Gorge Road from three (3) kilometres north


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of the Banjima Road intersection to ten (10) kilometres south of the

Nanutarra – Munjina Road.

The Council discontinues the provision of any services to the township of Wittenoom.

The Council shall do everything within its power to encourage remaining residents of

Wittenoom to relocate to other areas.

No promotion of Wittenoom or the mine sites by the Council or any person acting on its

behalf shall take place. On the contrary, Council advocates the avoidance of these areas.

Council shall work with the State Government to eliminate all promotion by tourism bodies

and other third parties of these areas.

Irrespective of the zoning or purpose of the land Council will rate all properties in Wittenoom

at the Residential Rate level set annually by Council in the Budget. This is in

acknowledgement that local government rates do not pertain specifically to property but also

relate to a range of services provided to the community on a non-geographic basis such as

sporting facilities, libraries, roads, governance and economic development.

With regard to any outstanding rates and charges Council will take action in accordance with

the Local Government Act 1995 Section 6.64 to take possession of the land to which the

outstanding rates pertain. Any land so claimed is to be transferred to the Crown for the

outstanding rates.


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IMAGE: Township of Wittenoom


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FIN12 Purchasing Policy

Aim

The Shire of Ashburton (the ‘Shire’) is committed to delivering best

practice in the purchasing of goods, services and works that align

with the principles of transparency, probity and good governance

whereby establishing efficient, effective, economical and sustainable

procedures in all purchasing activities.

Application Shire of Ashburton Officers, Elected Members and all other persons undertaking procurement on the Shire’s behalf


Local Government Act 1995 s.3.57 and s.6.5(a)


Local Government (Functions & General) Regulations 1996




Last Review 2018

Next Review 2020


1. OBJECTIVE

The objectives of this policy are to:

• Establish a procurement framework for the Shire of Ashburton to achieve

value for money and continuous improvement in the provision of services for

the community;

• Ensure that Shire resources are used efficiently and effectively to ensure

fulfilment of the Shire’s strategic goals as outlined in the Shire of Ashburton

10 Year Strategic Community Plan;

• Achieve compliance with relevant legislative requirements;

• Achieve a high standard of probity, transparency, accountability and risk

management;

• Provide equal opportunity to local suppliers; and

• Give preference to the procurement of socially and environmentally

sustainable goods, services and works.

The Shire of Ashburton will communicate best practice in procurement to all internal and

external stakeholders.

This policy applies to all procurement undertaken for the Shire and represents the principles

to be applied to the procurement of all goods, services and works carried out.


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This policy applies to all expenditure levels of the purchase of goods

and services, including purchases with a value equal or greater than

the value at which tenders are required to be invited.

2. PRINCIPLES

The Shire of Ashburton will apply the following principles for all levels of procurement

undertaken, irrespective of the value and complexity of that procurement, including:

• Value for money

• Open and fair competition

• Accountability

• Risk management

• Compliance

• Probity and transparency

All Shire procurement activities will follow an internal procurement procedure.

3. FRAMEWORK

This Policy enables the Shire to manage procurement in a measurable, standardised and

consistent way which is undertaken in accordance with best practice disciplines. This

framework will ensure that risks associated with procurement within the organisation are

identified, managed and mitigated effectively.

Centralised management, monitoring and reporting of procurement provides assurance that

the interests of the Shire and the requirements of accountability are achieved. It also

ensures that procurement is aligned with the Shire’s corporate goals and that value for

money is achieved in all areas of procurement.

All Shire procurement arrangements will be based upon best practice methods such as

those promoted by the Local Government Act 1995 and associated Regulations, the

Department of Local Government and Communities guidelines, Western Australian Local

Government Association (WALGA) Procurement and State Government Procurement

Guidelines and Shire of Ashburton policies and procedures.

4. IMPLEMENTATION

It is Shire policy to operate a procurement structure wherein all strategy, policy, technology,

best practice and networking in procurement matters will be coordinated by the Shire’s

Procurement Unit.

The scope of this policy commences from when the Shire identifies a procurement

requirement. It continues through to the delivery of goods or completion of works or services.

5. ETHICS AND PROBITY REQUIREMENTS

All persons engaged in procurement on behalf of the Shire, must exercise the highest

standards of integrity in a manner able to withstand the closest possible scrutiny.

All persons engaged in procurement on behalf of the Shire have an overriding responsibility

to act impartially and with integrity, avoiding conflicts of interest.

The Shire of Ashburton has an obligation to ensure its procurement conduct is at all times

fair, ethical, transparent and probity rich. This is essential as it ensures successful supplier

relationships, and that all suppliers have a fair chance of competing to supply the Shire. It is


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essential when the Shire is expending public funds in procuring goods

and services that those funds are expended appropriately and that the

operations of the Shire are efficient.

6. RISK MANAGEMENT

The Shire will manage all procurement activities in accordance with Policy CORP5 “Risk

Management”, to ensure risks are identified, analysed, evaluated, treated, monitored and

communicated to the standard requirement by the law and in accordance with relevant

Australian Standards and Council policy.

7. AUDIT AND CONTROL

Procurement across the Shire will be subject to internal auditing to ensure standards remain

strong and are adhered. The objective of this function is to assist and guide procurement to

successful outcomes for the Shire and to ensure that actions, issues and risks are identified,

tracked and mitigated.

As part of our annual auditing processes, our procurement practices are reviewed for

compliance against this policy.

8. REGULATORY COMPLIANCE REQUIREMENTS

8.1 Anti-Avoidance (Transaction Splitting)

The anti-avoidance provision of Regulation 12 of the Local Government (Functions and

General) 1996, states that intentionally creating multiple contracts or purchase orders in

order to avoid having to tender the supply is a breach of the provisions and is not permitted.

The Shire shall not enter into two or more contracts or multiple purchase order transactions

of a similar nature for the purpose of "splitting" the value of the purchase or contract to take

the value of the consideration of the purchase below a particular quotation or tender

threshold level, particularly in relation to Tenders and to avoid the need to call a public

Tender.

8.2 Tenders

The regulatory compliance requirements governing the public calling of tenders are detailed

within the Local Government Functions and General Regulations 1996 and the internal

procurement procedure.

Before tenders are publically invited, those undertaking procurement must determine in

writing the assessment criteria for deciding which tender may be accepted. (See TENDER

EVALUATION CRITERIA)

9. EXEMPTIONS

In the following instances quotations or public tenders are not required

9.1 Tenders

9.1.1 All Exemptions under Regulation 11(2) of the Local Government (Functions and

General) Regulations 1996 apply.

9.2 Quotes

9.2.1 Unique value for money, under the following circumstances where it:

is opportunistic; and

enhances operational efficiency; and


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is cost effective; and

leads to mitigating risk.

In relation to 9.2 Quotes, in such circumstances approval must be sought from the CEO who

may approve purchases – See ‘Exemptions’ on the CEO 099 internal form.

10. SOLE SOURCE OF SUPPLY (MONOPOLY SUPPLIERS)

The procurement of goods and services available from only one private sector source of

supply (i.e. manufacturer, supplier, and agency) is permitted without the need to call

competitive quotations, provided that there must genuinely be only one source of supply.

The CEO or Council have the final authority to determine a sole source of supply.

The determination must be declared utilising Delegation DA06-1 ‘Determining that Tenders

do not have to be invited for the supply of goods and services’, of the Delegation Authority

Register on the Record of Exercise of Power of Delegation of Authority CEO 078 and

reported as per the requirements set out in the Delegation Authority Register.

11. WALGA PREFERRED SUPPLIER ARRANGEMENTS

When it has been determined to utilise the WALGA Preferred Suppliers, the Request that is

issued to the selected suppliers must be issued as per the internal Procurement Procedure.

12. COMMON USE ARRANGEMENTS (CUA) – STATE CONTRACTS

When it has been determined to utilise an exemption through the CUA Preferred Suppliers

as per 11(2) (e) of the Local Government (Functions and General) Regulations 1996, staff

are to utilise the internal Procurement Procedure.

13. RECORDS MANAGEMENT

Records relating to all purchasing decisions are to be created and retained in accordance

with the State Records Act 2000 and Directive ADM04 ‘Record Keeping’ and made available

for audit if required.

14. ELECTED MEMBERS

With the exception of the Shire President, under exceptional circumstances authorised under

the Local Government Act 1995, no Elected Member is permitted to procure local

government goods or services.

15. DELEGATION OF AUTHORITY

Delegation of Authority is recognised as a critical component of the Shire’s governance

framework. Delegates must maintain records and other forms of documentation relevant to

the exercise of their delegation. Staff undertaking procurement on behalf of the Shire must

refer to the Delegation Authority Register to determine if the procurement they are

undertaking requires the use of a delegation and in what manner that delegation must be

recorded and reported. In particular, Staff should take note of Delegations DA06-1 through to

DA06-8.

16. AUTHORISATION OF EXPENDITURE

Authorisation of expenditure, including the acceptance of quotations, is to comply at all times

with this Policy, ELM04 Code of Conduct, an Officer’s financial authorisation, as well as any

internal procurement procedures. Employees are reminded of their obligations under the


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Council’s Code of Conduct (ELM04) to give full effect to the lawful

policies, decisions and practices of the Shire of Ashburton.

The Code of Conduct clarifies the standards of behaviour that are expected of staff in the

performance of their duties and gives guidance in areas where staff need to make personal

and ethical decisions.

17. LOCAL CONTENT

The Shire is committed to creating sustainable economic development opportunities for local

industry, in full alignment with Australian and Western Australian Government guidelines on

local participation and engagement.

This includes full, fair and reasonable opportunity for capable and competitive local

businesses to participate in the procurement of goods, equipment and services.

To ensure this the Shire will, as far as is reasonably, lawfully and economically practical:

• Work with industry advocates and local business communities to improve the

capability and competitiveness of local businesses;

• ;

• Provide information and assistance to local business on how to register on

the Shire’s eTendering and eQuoting portals, or any other authorised

avenues of engagement;

• Identify, promote and support opportunities for the participation of local

business, without compromising safety, project risks or competitiveness;

• Provide equal opportunity to local businesses to participate under the same

terms, standards and conditions as all other suppliers;

• Commercially evaluate competitive bids, giving due consideration to direct

and indirect costs factors such as price, quality, safety, environment, health,

security, delivery, service and whole of life costs; and

• Consider local content as an evaluation criteria and through the Shire’s Buy

Local – Regional Price Preference provide incentive to bidders who maximise

local contact in both labour and materials, where comparative bids are

assessed as being commercially competitive and technically acceptable.

Buy Local – Regional Price Preference

Definitions:

• Price Preference - It is the application of a discount to the price when

comparing tendered prices only, so as to give a marginal advantage to a

regional tenderer. It doesn’t refer to the price that is to be accepted.

• Regional - Is specified as the geographical area which comprises the whole of


• Regional Tenderer - as defined under the Local Government (Functions and

General) Regulations 1996 S 24B(2) is a supplier that has been operating a

business continuously out of premises within the Shire of Ashburton for at

least six months and submits a tender for the supply of goods and/or

services.

• Regional Content Preference – Is an incentive for businesses/contractors

outside the Shire of Ashburton to purchase goods, services and construction

from within the Shire. Travel and accommodation costs are not included.

Content:


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The Shire of Ashburton will encourage local industry to do

business with Council through the adoption of a Regional Price

Preference advantage in conjunction with standard tender consideration.

The Price Preference will apply to suppliers who are based in, and operate from the

Shire of Ashburton in relation to all tenders and quotations invited by the Shire of Ashburton

for the supply of goods and services and construction (building) services, unless the tender

or quotation document specifically states otherwise, providing they are competitive in regard

to specification, service, delivery and price and that such preference does not contravene

the National Competition Policy.

The preference applies to the value of the goods, materials or services sourced and

used.

Goods and Services:

The following levels of preference will be applied under this policy:

• Goods or Services up to a maximum price reduction of $50,000:

o 10% to businesses located within the Shire of Ashburton

• Construction (building) services up to a maximum price reduction of $50,000:


• Goods or Services, including construction (building) services, up to a maximum price

reduction of $500,000, if Council is seeking tenders for the provision of those goods

or services for the first time, due to those goods or services having been, until then,

undertaken by Council:


Regional Business Preference:

This preference enables businesses/contractors within the Shire to claim a price preference

for their whole bid, regardless of the origin of the labour or materials, as all labour and

materials are deemed to be regional content.

To qualify as a local business/contractor, a supplier must meet the following conditions:

• A permanent office in the Shire for at least six months. Local Government (Functions

and General) Regulations 1996 states that the six month calculation is based on from

when the tender period closes.

• Have permanent staff based in the Shire of Ashburton.

• That bidding and management/delivery of the majority of the quotation/contract

outcomes will be carried out from their business location in the Shire of Ashburton.

• The price of the bids from the local businesses/contractors will be reduced (for

evaluation purposes only).

Regional Content Preference:

This preference provides an incentive for businesses/contractors outside the Shire of

Ashburton to purchase goods, services and construction from within the Shire of Ashburton.

The preference applies to the value of the goods, materials or services purchased and used

within the Shire of Ashburton, and are referred to as Regional Content. The preference

percentages are as set out as above.

Regional Content limitations for suppliers based outside the Shire of Ashburton are:

• Some or all of the goods, materials or services are to be supplied from regional

sources. In this instance, the preference only applies to that part of the tender or

quote that has been supplied from regional sources which needs to be specified in

the tender submission.

• Suppliers who can demonstrate that they are suppliers of materials made from

recycled products or materials that could be recycled if the recycled products or

materials are not available locally.


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• Businesses outside of the local prescribed area who claim that

they will use regional business in the delivery of the contract

outcomes will be required, as part of the contract conditions, to demonstrate that they

have actually used them.

18. QUOTATIONS

All staff and authorised persons undertaking procurement at this level are expected to

demonstrate due diligence when conducting a quotation process and must comply with any

record keeping and audit requirements.

For expenditure that is from $0 to $4,999 excluding GST, all persons undertaking

procurement on behalf of the Shire must ensure:

1. Seek a minimum of one verbal or written quotation/s from the open market,

WALGA Pre-Qualified Supplier or the Shire’s established Panels of Pre-Qualified

Suppliers; and

2. All reasonable avenues to obtain goods or service within the Shire have been

exhausted, prior to sourcing outside.

For expenditure that is from $5,000 to $9,999 excluding GST, all persons undertaking

procurement on behalf of the Shire must ensure:

1. Seek a minimum of two quotations, confirmed in writing, from the open market,

WALGA Pre-Qualified Supplier or the Shire’s established Panels of Pre-Qualified

Suppliers;

2. All reasonable avenues to obtain goods or service within the Shire have been

exhausted, prior to sourcing outside; and

3. Evidence of all quotations sought (whether gained or not) must be recorded in

Synergy.

For expenditure that is from $10,000 to $49,999 in total value excluding GST all persons

undertaking procurement on behalf of the Shire must ensure:

1. Written Request For Quotation (RFQ) and seek minimum of three written quotations

from the open market/WALGA Pre-Qualified Supplier; or the Shire’s established

Panels of Pre-Qualified Suppliers;

2. All Reasonable avenues to obtain quotes for goods or services within the Shire have

been exhausted;

3. Prior to authorisation to purchase, the officer will submit to Procurement evidence of

quotation/s. Procurement will review for compliance and if correctly undertaken, raise

a requisition, notify the Officer and record in Synergy.

For expenditure that is from $50,000 to and $149,999 in total value excluding GST all

persons undertaking procurement on behalf of the Shire must ensure:

1. Formal RFQ via Tenderlink, or WALGA eQuotes or the Shire’s established Panels of

Pre-Qualified Suppliers; and

2. The formal RFQ is prepared through Procurement.


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For expenditure that is or is expected to be worth more than $150,000

excluding GST any person/s undertaking procurement on behalf of

the Shire must ensure:

1. The formal Request for Tender (RFT) follows all legislative requirements as detailed

in the Local Government (Functions and General) Regulations 1996, and this Policy;

2. Formal Request For Tender issued via Tenderlink, WALGA eQuotes or the Shire’s

established Panels of Pre-Qualified Suppliers;

3. Advertised (where applicable); and

4. Formal RFT is prepared through Procurement

Purchase

Value

Excl GST

Policy Requirement

Supplier

Details Quotes Conditions

$0- $ 4,999 All

suppliers

Seek a minimum of one

verbal or written quotation

from the open

market/WALGA Pre-Qualified

Suppliers or

The Shire’s established

Panels of Pre-Qualified

Suppliers.

All Reasonable avenues to

obtain quotes for goods or

services within the Shire

have been exhausted.

$5,000 -

$9,999

All

suppliers

Seek a minimum of two

quotations, confirmed in

writing from the open

market/WALGA Pre-Qualified

Supplier or

The Shire’s established

Panels of Pre-Qualified

Suppliers.





Evidence of all quotations

sought (whether gained or

not) must be recorded in

Synergy.

$10,000 -

$49,999

All

suppliers Written Request For Quotation

(RFQ) and seek minimum of

three written quotations from

the open market/WALGA Pre-

Qualified Supplier or

The Shire’s established Panels

of Pre-Qualified Suppliers.





Prior to authorisation to

purchase, the officer will

submit to Procurement

evidence of quotation/s.

Procurement will review for

compliance and if correctly

undertaken, raise a

requisition, notify the Officer

and record in Synergy.

$50,000-

$149,999

All

suppliers Formal RFQ Via Tenderlink,

WALGA eQuotes or the

Shire’s established Panels of

Pre-Qualified Suppliers.

Formal RFQ is prepared

through Procurement.

$150,000 + All

Suppliers

Formal Request For Tender

(RFT) Via Tenderlink,

WALGA eQuotes or the

Shire’s established Panels of

Pre-Qualified Suppliers.

Advertised (where

applicable).

Formal RFT is prepared

through Procurement.


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19. VARIATIONS TO CONTRACT

Under the Local Government (Functions and General) Regulations

1996, Regulation 21A provides that a contract cannot be varied once a local government has

entered into a contract for the supply of goods or services unless:

(a) the variation is necessary in order for the goods or services to be supplied and does not

change the scope of the contract, or

(b) The variation is a renewal or extension of the original term of the contract (in accordance

with regulation 11(2) (j)).

20. PANEL OF PRE-QUALIFIED SUPPLIERS

In this instance, panel of pre-qualified suppliers means a panel of pre-qualified suppliers of

goods and services established by the Shire in accordance with Part 4, Division 3 of the

Local Government (Functions and General) Regulations 1996.

In this instance, a pre-qualified supplier, of particular goods and services, means a person

who is part of a panel of pre-qualified suppliers for the supply of those goods and services.

A pre-qualified supplier under this heading should not be confused with a WALGA Preferred

Supplier.

Before a person/s undertaking procurement on behalf of the Shire undertakes to establish a

pre-qualified supplier panel, they must be satisfied that there is, or will be, a continuing need

for the particular goods or services to be supplied and the cost of doing so does not

outweigh the benefit.

A Request for a Panel of Preferred Suppliers (for any type of goods or service) will be

processed in the same manner as any other Public Request for Tender and in accordance

with the conditions listed for expenditure over $150,000 and the internal procurement

procedure.

Once a Panel of Preferred Suppliers has been established, any person/s undertaking

procurement on behalf of the Shire must do the following:

• Before procuring any goods or services from the suppliers appointed as a

Preferred Supplier on a Panel, the Officer must obtain a quotation from each

supplier for the goods or services required;

• The quotation must be in a simple format (not as complex as a formal Request

for Quotation), be clear, concise and understood by all suppliers on the Preferred

Supplier Panel;

• The request for quotation to each supplier must be communicated electronically,

in an instantaneous manner, to all suppliers at the same time (email

communication);

• Where email communication is not possible, the supplier must be contacted via

telephone as soon as practically possible;

• Each supplier on the Preferred Supplier Panel must receive equal opportunity to

supply the goods or services over the duration of the Contract;

• When distributing work amongst the suppliers on the Preferred Supplier Panel

over the duration of the Contract, the Shire must take into account the suppliers

current commitments and previous work undertaken by the supplier.


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21. TENDER EVALUATION CRITERIA

Objective:

To enable expediency in existing tender management systems and to enable guidance to be

provided to the CEO in accordance with any available delegations when approving the use

of suitable tender evaluation criteria, prior to the inviting of tenders for identifiable budget

items.

Principles:

To achieve compliance with Part 4 of the Local Government (Functions and General)

Regulations 1996. This provides the process to be followed when inviting tenders.

Regulation 14 (2a) indicates the need for the local government to determine the criteria to be

applied to the tender for assessment purposes prior to the invitation being publicised; and

Achieve a high standard of probity, transparency, accountability and risk management.

Where WALGA procurement is used to obtain quotes or tenders, these will also be assessed

as per this policy.

Procedures:

Tenders vary greatly in the nature of the activity, scope of works and pricing, therefore it will

be difficult to find a single evaluation solution to fit all circumstances. What is provided in this

policy is a flexible category that is to be used as a guide approved by Council.

Scope of Works:

This must be relevant and in specific detail to give the contracted tenderer a clear

understanding of the nature and extent of works required including timeframes and

deliverables to complete the tendered work. Pricing by the tenderer will be based on the

Scope of Works outlined. Therefore the more detail provided the more accurate will be the

pricing and less contingencies.

All detail is required to be confirmed prior to the invitation of tenders by the relevant Director

or CEO.

Where Periodic Schedule of Rates Tenders have been called for supply of materials or

services, the amount to be considered under the selection criteria needs to be determined

and documented, by estimating the quantities to be used on a particular project or over a

particular time period, as appropriate. This amount is then to be assessed as per these

procedures.

Evaluation:

All staff are to utilise the Shire of Ashburton Tender Evaluation Handbook provided by the

Procurement Unit when conducting evaluations.

Tenders are to be tested against any compliance criteria to eliminate those which are non-

compliant.

The qualitative selection criteria are then to be applied to the remaining tenderers, and the

tenderers to be ranked on their assessed score.

Apply the Buy Local – Regional Price Preference where applicable to quotes and tenders to

reduce the price to be considered under the qualitative selection criteria.

Evaluation Criteria:

Compulsory Compliance Criteria for each Tender must contain a minimum of the below:

Completed Tenderers Offer Form

Financial Position


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Conflicts of Interest

Insurance Details

Occupational Health & Safety

Addenda Acknowledgement

Quality Assurance

Alternative Tender (if applicable)

Registration or Licensing Requirements

Buy Local Price Preference Application (if applicable)

Qualitative Criteria

The Qualitative assessment criteria for the evaluation of tenders below, will allow the

Requesting Officer to specify the percentages relevant to the goods or services required.

The headings as stated below must be utilised, however the weightings can be decided

based on the requirements.

Outside of this Criteria

Instances whereby a tender is outside of this policy:

Tender is for disposal (sale) of property, which is subject to the provisions of Section 3.58 of

the Local Government Act 1995.

Criteria Changes

Where the Requesting Officer believes the set criteria does not meet the needs of the

Tender, there is power to authorise the changes under delegation. This ability is

discretionary and the authority to act is limited to the relevant Director or the Chief Executive

Officer.

A determination must be declared utilising Delegation DA06-2 ‘Tenders Evaluation

Criteria’ of the Delegation Authority Register, reported on the Record of Exercise of Power

of Delegation of Authority CEO 078 (available via the Shire of Ashburton Internal Intranet -

AIMS) and reported as per the requirements set out in the Delegation Authority Register.

Qualitative Selection Criteria Weighting

Relevant Experience XX%

Key Personnel XX%

Past Company Performances XX%

Resources/Plant/Equipment XX%

Methodology/Quality and OHS Systems/Life Cycle/Risk Management XX%

Price 40%

The total price including all delivery and other costs

Totalling 100%


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External

• Local Government Act 1995

• Local Government (Functions and General) Regulations 1996

Internal

• Council’s Current Financial Year Budget

• Strategic Community Plan

• Corporate Business Plan

• Long Term Financial Plan

• Delegation Register

• Risk Management Policy (CORP5)

• Asset Management Plan (ENG09)

• Record Keeping Directive (ADM04)

• Code of Conduct (ELM04)

• Misconduct Prevention Directive (CORP2)

• Tender Evaluation Handbook

• Internal Procurement Procedure

• Procurement Directive (FIN22)


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FIN13 Debtors Management – General

Aim

To provide guidelines for staff that assist in ensuring any monies

owed to Council are collected in a consistent and timely manner.

This policy will apply to debtors to provide them with clear guidelines

relating to outstanding monies.

Application

Corporate Services Employees


Local Government Act 1995 s6.12; s6.13; s6.16 and s6.17

Caravans and Parks Camping Grounds Act 1995

Caravan Parks and Camping Grounds Regulations 1997

Fines Penalties and Infringement Notices Enforcement Regulations

1994




Last Review 2018

Next Review 2020


POLICY STATEMENT

The purpose of this policy and any associated guidelines is to establish a framework that

will:

1. Ensure a fair and accountable approach to the Shire’s debt management and

collection decisions and practices.

2. Provide guiding principles for the management of credit control, debt collection and a

bad debt write offs.

3. Ensure timely collection of all monies owing to the Shire for the purpose of optimising

cash flow and reducing bad debt write offs.

GENERAL PRINCIPLES The CEO shall ensure there are Debtors Management Procedures that suitably accommodate the above sentiments and to effectively manage the Shire’s debts with the following principles:

i. Appropriate Credit limits and controls are established and maintained to ensure the risk of financial loss is correctly managed

ii. Maximum approved credit limit is no greater than $50,000 unless approved by the Shire Chief Executive Officer in consultation with the Shire President.


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iii. Credit terms shall be clearly outlined in the Application for Credit and also stated on the issued tax invoice

iv. Debt Collection processes established are to be fair, flexible and realistic and should accord with the ACC-ASIC Debt Collection Guidelines for Collectors and Creditors

v. The recovery of outstanding debtor accounts will be collected in a timely manner generally as follows:

a. Payment not received at 30 days from invoice date - First and Final Notice issued

with 7 days to pay or special arrangement put in place b. Payment not received at 45 days from invoice date – Final Demand issued allowing 7

days to pay and credit may be suspended. c. Payment not received at 60 days from invoice date – Credit shall be suspended and

legal action may commence.

Timing of pursuing debtor accounts is at the discretion of the Director Corporate Services.

vi. Penalty interest will be imposed on debtor accounts more than 30 days overdue at a rate set in the annual budget.

vii. Legal action may include but is not limited to:

a. Letter of Demand b. General Procedure Claim c. Judgement d. Property Seizure & Sale Order of Goods (with e. Wind up against Company

viii. All legal costs associated with the debt collection action may be borne by the debtor.

ix. Action for writing off bad debts should only take place where all avenues for recovery

have been exhausted or it becomes unviable to keep pursuing the debt.

x. Unrecoverable debts may be written off under Council delegation in accordance with

DA03-2 Write off Monies Owing.

xi. An annual review of provisions for doubtful debt will occur and appropriate

adjustments made in the budget.

xii. All records shall be kept to ensure continuity of information for historical purposes

through Synergy Records

OCEANVIEW CARAVAN PARK

i. Oceanview Caravan Park managers will follow the procedures under the Caravan

Parks & Camping Grounds Act 1995 to recover debts and will forward onto Finance

once these have been exhausted for recovery as per the Debtors Management

Procedures

INFRINGEMENTS

i. Infringements are recorded in Synergy and recovery is managed by Ranger

Services. When infringements remain unpaid they may be referred to Fines

Enforcement Registry and recovered under the Fines, Penalties and Infringement

Notices Enforcement Act 1994.

EXEMPTIONS

i. All sporting groups and not for Profit Community organisations are exempt from debt

recovery action and penalty interest however the Shire may refuse booking requests

for facilities if monies owing exceeding the Shire’s trading terms.


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ii. Any staff member with a debt outstanding at the time of

resignation or termination must pay the debt off in full prior to

their final pay or the amounts may be automatically deducted from their final pay as

per their signed employment contract.

iii. Funding bodies and government organisations are exempt from debt recovery action

and penalty interest.


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FIN15 Rates Debt Recovery Policy

Aim

To provide guidelines to the staff on appropriate debt recovery and

write off procedures to ensure effective control over Rates and

Charges that become due and payable.



Local Government Act 995 s6




Last Review 2018

Next Review 2020


1. Policy Objectives

To ensure the monies owed to Council are received in a timely, efficient and effective manner in order to finance Council’s operations and ensure effective cash flow management.

To fulfil statutory requirements of the Local Government Act 1995 and other relevant legislation in relation to the recovery of rates and charges.

During the debt recovery process Council will treat people fairly, consistently, and in a confidential and professional manner.

2. Recovery of Rates Outstanding

Any rate payment due to the Council that has not been received by the due date is to be

recovered in accordance with this Policy

2.1 Rates and Charges Notice

Rates and service charges are issued every year as soon as the Council’s annual budget is

adopted in conjunction with rates in the dollar approved by the Council.

Rates are payable in full by due date or by two (2) or four (4) instalment options. A rate

instalment notice is to be issued 35 days before the next instalment is due pursuant to

section 6.50 of the Local Government Act 1995.


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2.2 Special Arrangement

Council may, at the request of a ratepayer, approve special payment arrangements other

than instalment options offered on the rate notice subject to the following:

(i) Special arrangements must be finalised in full prior to 30th June of the current financial year unless under extenuating circumstances and as approved by the Director Corporate Services or CEO.

(ii) Interest will continue to accrue on any arrears during the period of arrangement

(iii) All requests for payment arrangements are to be made in writing. Payments can be made either weekly, fortnightly, monthly or by other arrangements approved by the Director Corporate Services or the CEO.

(iv) Extension of time beyond three (3) months without payment is not acceptable.

(v) Where the ratepayer defaults on two consecutive payments, the arrangement will immediately be withdrawn and will be subject to further action, depending upon prevailing circumstances as outlined in the debt collection process.

2.3 Final Notice

A final notice is to be issued within 7 days after the due date of any assessment where

Rates and Charges remain outstanding and an alternative special arrangement has not been

made.

The final notice will advise the following:

(a) The amount of outstanding levies and interest accrued up until the date of the notice, allowing 7 working days for payment in full.

(b) If the amount due is not received by the due date specified in the notice, legal proceedings can be initiated to recover the debt.

(c) Advise ratepayers to contact the Shire within the 7 days specified in the notice to make alternative arrangements for the payment of the overdue amount.

(d) All debt recovery costs and fees as per the Local Government Act 1995 associated with any course of action are to be borne by the owner of the debt and will subsequently remain a charge on the land/property.

2.4 Recovery Action – Referral to Debt Collection Agency

Following the expiry date on the final notice, Council shall, depending upon the prevailing

circumstances and an assessment the cost versus benefit to the Shire, refer the debt to its

collection agency to commence with the issuing of court proceedings in accordance with

section 6.56 of the Local Government Act 1995.

Procedures for Debt Recovery by Agency:

(i) A ‘letter of final demand’ is issued to the rate payer to make payments within 7 days of receiving the letter.


220

(ii) Seven (7) days after the Final Demand Letter and where payment still remains outstanding, a General Procedure Claim (Legal Claim) will be issued for the recovery of the debt.

(iii) The General Procedure Claim (GPC) will automatically affect the ratepayer’s credit rating.

(iv) If the Bailiff is successful in serving the GPC, the ratepayer should contact the Council to make a payment arrangement or the ratepayer can complete a form which is part of the GPC to be forwarded to Court.

(v) When the GPC is served, the ratepayer will have 14 days to respond. Council may proceed with the next step if the ratepayer fails to respond as required after the 14 days.

(vi) Where the owner has not responded to the GPC, a Property Seizure and Sale Order (PSSO) is to be issued and the Bailiff will go out to the affected property and seize goods to the value of the debt outstanding.

(vii) If the rate payer does not own any goods to be seized to the value of the debt, Council may proceed with a PSSO over land. Council may auction the land to recover the debt owed.

Further legal proceedings are to continue until payment of rates imposed is secured.

2.5 Other Recovery options that may be undertaken by the Council

a) Where Rates and Charges remain unpaid, are not subject to an approved alternative special arrangement and the property is not occupied by the ratepayer and is leased, section 6.60 of the Local Government Act 1995 shall be imposed, requiring the leasee or tenant to pay to the Shire, the rent due payable under the lease/tenancy agreement as it becomes due, until the outstanding amount has been paid in full. The approval of Council is to be obtained before this course of action is undertaken.

b) Where Rates and Charges remain unpaid and are not subject to an approved alternative special arrangement, impose section 6.64 of the Local Government Act, to lodge a caveat on the title of the land. The approval of Council is to be obtained before this course of action is undertaken.

c) Where Rates and Charges remain unpaid for at least 3 years and are not subject to an approved alternative special arrangement, impose section 6.64 of the Local Government Act 1995, to take possession of the land. The approval of Council is to be obtained before this course of action is undertaken.

d) Where Rates and Charges remain unpaid and are not subject to an approved alternative special arrangement, the Shire may, for the purpose of determining if it is a condition of the loan for the rates and taxes to be kept current, query with the Mortgager details of the loan where applicable, with a view to having the debt paid by the financial institution.

3. Late Payment Penalty


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Interest is to be calculated daily on overdue rates and charges at a rate set in the Council’s Annual Budget in accordance with the Local Government Act 1995. The rate of interest set by the Council must not exceed the rate specified by the Minister for Local Government.

Where an instalment option is taken, the account of the ratepayer is to be levied with an additional instalment charge as prescribed in Council’s Fees & Charges schedule.

A late penalty fee is to be charged on special payment arrangement as prescribed in Council’s Fees & Charges schedule.

4. Bad Debts/ Write Off

(i) Council may at its discretion, remit penalties and related expenses for late payment of rates, including where genuine hardship can be substantiated.

(ii) Writing off unpaid debts will only be considered when all reasonable attempts have been made to recover the outstanding amount.

(iii) Bad debts of an amount greater than the Chief Executive Officer’s authority limit can only be written off by Council resolution.

5. Roles and Responsibilities

The Chief Executive Officer shall be responsible for the application of delegations of authority in regards to the Policy

The Director Corporate Services shall be responsible for referring matters to Council in regards to this Policy and the collection of outstanding debts.

Finance Manager shall be responsible for ensuring Policy and procedures are implemented and monitored.

Finance officers shall be responsible for reviewing and ensuring that all balances are recovered without the need for legal action wherever possible and that all relevant Council policies are adhered to.


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FIN20 Related Party Disclosures

Aim

The purpose of this policy is to ensure that the Shire of Ashburton’s

financial statements contain the disclosures necessary to draw

attention to the possibility that its financial position may have been

affected by the existence of related parties and by transactions and

outstanding balances, including commitments, with such parties in

line with the requirements of AASB 124 – Related Party Disclosures.

Application Elected Members, Chief Executive and Designated Senior

Employees




Australian Accounting Standard – AASB 124 Related Party Disclosure




Last Review 2017

Next Review 2019


Identification of Related Parties

AASB 124 provides that the Shire of Ashburton will be required to disclose in its Annual

Financial reports, related party relationships, transactions and outstanding balances.

Related parties includes a person who has significant influence over the reporting entity,

a member of the key management personnel (KMP) of the entity, or a close family member

of that person who may be expected to influence that person.

KMP are defined as persons having authority and responsibility for planning, directing and

controlling the activities of the entity, directly or indirectly.

For the purposes of determining the application of the standard, the Shire of Ashburton has

identified the following persons as meeting the definition of Related Party:

An Elected Member

Key management personnel being a person employed under section 5.36 of the

Local Government Act 1995 in the capacity of Chief Executive Officer or a designated

senior employee appointed under section 5.37 of that Act as a Director

Close members of the family of any person listed above, including that person’s child,

spouse or domestic partner, children of a spouse or domestic partner, dependents of

that person or person’s spouse or domestic partner

Entities that are controlled or jointly controlled by an Elected Member, KMP or their


223

close family members. Entities include companies, trusts, joint

ventures, partnerships and non-profit associations such as

sporting clubs.

The Shire of Ashburton will therefore be required to assess all transactions made with these persons or entities.

Identification of related party transactions

A related party transaction is a transfer of resources, services or obligations between the

Shire of Ashburton (reporting entity) and the related party, regardless of whether a price is

charged.

For the purposes of determining whether a related party transaction has occurred, the

following transactions or provision of services have been identified as meeting this criteria:

Paying rates

Fines

Use of Shire of Ashburton owned facilities such as [Recreation Centre, Civic Centre,

library, parks, ovals and other public open spaces (whether charged a fee or not)]

Attending council functions that are open to the public

Employee compensation whether it is for KMP or close family members of KMP

Application fees paid to the Shire of Ashburton for licences, approvals or permits

Lease agreements for housing rental (whether for a Shire of Ashburton owned

property or property sub-leased by the Shire of Ashburton through a Real Estate

Agent)

Lease agreements for commercial properties

Monetary and non-monetary transactions between the Shire of Ashburton and any

business or associated entity owned or controlled by the related party (including family)

in exchange for goods and/or services provided by/to the Shire of Ashburton (trading

arrangement)

Sale or purchase of any motor vehicles, buildings or land owned by the Shire of

Ashburton, to a person identified above

Sale or purchase of any motor vehicles, buildings or land owned by a person identified

above, to the Shire of Ashburton

Loan Arrangements

Contracts and agreements for construction, consultancy or services

Some of the transactions listed above, occur on terms and conditions no different to those

applying to the general public and have been provided in the course of delivering public service

objectives. These transactions are those that an ordinary citizen would undertake with

Council and are referred to as an Ordinary Citizen Transaction (OCT). Where the Shire of

Ashburton can determine that an OCT was provided at arm’s length, and in similar terms

and conditions to other members of the public and, that the nature of the transaction is

immaterial, no disclosure in the annual financial report will be required.

Disclosure Requirements

For the purposes of determining relevant transactions, Elected Members and key management

personnel as identified above, will be required to complete a Related Party Disclosures -


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Declaration form for submission to financial services.

Ordinary Citizen Transactions (OCTs)

This Policy serves to confirm that in the opinion of Management and the Council, based on the

facts and circumstances, the following OCT’s that are provided on terms and conditions no

different to those applying to the general public and which have been provided in the course

of delivering public service objectives, are unlikely to influence the decisions that users of the

Council’s financial statements make. As such no disclosure in the Related Party Disclosures -

Declaration form will be required.

Paying rates

Fines

Use of Shire of Ashburton owned facilities such as Recreation Centre, Civic Centre,

library, parks, ovals and other public open spaces

Attending council functions that are open to the public

Application fees paid to the Shire of Ashburton for licences, approvals or permits

Where these services were not provided at arm’s length and under the same terms and

conditions applying to the general public, Elected Members and KMP will be required to

make a declaration in the Related Party Disclosures - Declaration form about the nature of

any discount or special terms received.

All other transactions

For all other transactions, Elected Members and KMP will be required to make a declaration in

the Related Party Disclosures - Declaration form.

Frequency of disclosures

Elected Council members and KMP will be required to complete a Related Party Disclosures -

Declaration form annually or when they leave the Shire of Ashburton as an elected member or

on cessation of employment, whichever comes earlier.

Confidentiality

All information contained in a disclosure return, will be treated in confidence. Generally,

related party disclosures in the annual financial reports are reported in aggregate and as

such, individuals are not specifically identified. Notwithstanding, management is required

to exercise judgement in determining the level of detail to be disclosed based on the nature

of a transaction or collective transactions and the materiality. Individuals may be specifically

identified, if the disclosure requirements of AASB 124 so demands.

Materiality

Management will apply professional judgement to assess the materiality of transactions

disclosed by related parties and their subsequent inclusion in the financial statements.

In assessing materiality, management will consider both the size and nature of the transaction,

individually and collectively.

Related documents:

Related Party Disclosures – Declaration form SOA CEO 015


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FIN21 Rating

Aim

The purpose of this policy is to ensure that the Shire of Ashburton

applies the rating principles under the Act to any separately

identifiable rateable portion of land within the district and to

establish guidelines for the Gross Rental Valuation (GRV) rating of

property whose predominant use is non-rural including but not limited

to Transient Workers Accommodation (TWA) and other selected

capital improvements on mining tenements and petroleum licences.

Application Elected Members, Chief Executive and Designated Senior

Employees




Australian Accounting Standard – AASB 124 Related Party Disclosure




Last Review 2017

Next Review 2019


Statutory Requirement

The Minister for Local Government, Sport and Cultural Issues has the responsibility for

determining the method of valuation of land to be used by the Valuer General.

Section 6.28 (1) & (2) of the Local Government Act 1995 (“the Act”) reads:

(1) The Minister (for Local Government and Communities) is to –

(a) determine the method of valuation of land to be used by a local government as the basis

for a rate; and

(b) publish a notice of the determination in the Government Gazette.

(2) In determining the method of valuation of land to be used by a local government the

Minister is to have regard to the general principle that the basis for a rate on any land is to

be –

(a) where the land is used predominantly for rural purposes, the unimproved value of the

land; and

(b) where the land is used predominantly for non-rural purposes, the gross rental value of

the land.

Local Government is required to make up any budget deficiency by applying a general rate

set as a rate in the dollar of Unimproved Value (UV), or a rate in the dollar of the Gross

Rental Value (GRV) of the land.


226

Section 6.32 (1) & (2) of the Act reads:

(1) When adopting the annual budget, a local government –

(a) in order to make up the budget deficiency, is to impose a general rate

on rateable land within its district, which rate may be imposed either –

(i) uniformly; or

(ii) differentially.

(2) Where a local government resolves to impose a rate it is required to:

(a) set a rate which is expressed as a rate in the dollar of the gross rental value of rateable

land within its district to be rated on gross rental value; and

(b) set a rate which is expressed as a rate in the dollar of the unimproved value of rateable

land within its district to be rated on unimproved value.

When resolving to impose a rate, a local government may impose a uniform rate for each

method of valuation or a differential general rates for each method of valuation.

Section 6.33 (1), (2), (3) & (4) of the Act reads:

(1) A local government may impose differential general rates according to any, or a

combination, of the following characteristics:

(a)the purpose for which the land is zoned, whether or not under a local planning scheme or

improvement scheme in force under the Planning and Development Act 2005; or

(b) a purpose for which the land is held or used as determined by the local government; or

(c) whether or not the land is vacant land; or

(d) any other characteristic or combination of characteristics prescribed.

(2) Regulations may:

(a) specify the characteristics under subsection (1) which a local government is to use; or

(b) limit the characteristics under subsection (1) which a local government is permitted to

use.

(3) In imposing a differential general rate a local government is not to, without the approval

of the Minister, impose a differential general rate which is more than twice the lowest

differential general rate imposed by it.

(4) If during a financial year, the characteristics of any land which form the basis for the

imposition of a differential general rate have changed, the local government is not to, on

account of that change, amend the assessment of rates payable on that land in respect of

that financial year but this subsection does not apply in any case where section 6.40(1) (a)

applies.

Where the Minister changes the basis of valuation from UV to GRV, Council may resolve to

apply the change of valuation immediately / or phase in any changes in valuation in

accordance with Schedule 6.1 of the Act.

The Act enables local government to apply gross rental value as the basis for rating on a

portion of land, which has a "relevant interest" (mining and petroleum). The Shire notes that

the Minister for Local Government has implemented a Rating Policy – Valuation of Land -

Mining (March 2016) to standardise the application of gross rental value to resource projects

throughout the State.


227

The Minister’s decision provides Council with the opportunity to GRV

rate selected capital improvements, particularly TWAs, on resource

tenements, to the benefit of the wider community, in general.

The Shire recognises that there may exist limitations placed on the Shire’s ability to achieve

its stated objective due to existing “State Agreement” legislation negotiated between the

State Government and individual resource companies prohibiting the GRV rating of

improvements on a number of specific sites although recent investigation proves that all

existing agreements are without such restriction.

Principles

In applying the rating principles set out within the Act and in making the decisions on the

purpose for which the land is held or used or identifying any other characteristics of the land,

the following principles will be observed:

• Objectivity – the use of land should be reviewed and determined on the basis of an

objective assessment of relevant criteria. External parties should be able to

understand how and why a particular determination was made.

• Fairness and Equity – each property should make a fair contribution to rates based

on a method of valuation that appropriately reflects its use.

• Consistency – Rating principles should be applied and determinations should be

made in a consistent manner. Like properties should be treated in a like manner.

• Transparency – Systems and procedures for determining the method of valuation

should be clearly documented.

• Administrative Efficiency – rating principles and procedures should be applied and

implemented in an efficient and cost-effective manner.

GRV Transient Workers Accommodation

The following actions shall be taken in order to ensure that this Council Policy is applied in a

fair and equitable manner.

• Council shall adopt a GRV Differential Rate in the dollar for resource based TWAs,

which reflects the demands these facilities place on Shire goods and services,

relative to other GRV rated land uses within the Shire.

• All TWAs constructed within the Shire of Ashburton shall be subjected to an

assessment, in accordance with this policy, at the time an “Occupancy Permit”, is

issued for the facility, pursuant to the Western Australia Building Act 2011.

• All TWAs existing within the Shire on the date Council adopted this policy, shall be

subjected to an assessment, in accordance with this policy, at the earliest practical

date.

• The following TWAs shall be exempt from GRV rating

1. Facilities which have a life of less than 12 months; and

2. Facilities which may be exempted by the provisions of “State

Agreement” Legislation.

• A GRV valuation estimate shall be obtained from Landgates Valuation and

Property Section and an initial assessment made of the rate liability of the

facility.


228

• If it is deemed appropriate, Council will follow the procedures

outlined in Rating Policy – Valuation of Land - Mining

(March 2016) to obtain Ministerial permission to undertake the GRV Rating of

Improvements on Mining Tenements and Petroleum Licence Sites.

• A register listing the facilities rated pursuant to this policy, shall be maintained.

Each facility shall be categorised as Short, Medium or Long Term, based on the

following Criteria:

O Short Term Life expectancy of 12 months to 5 years

O Medium Term Life expectancy of more than 5 and up to 15 years

O Long Term Life expectancy of more than 15 years

• In April each year, each TWA will be contacted to determine their anticipated life

expectancy and the register reviewed accordingly. Prior to the adoption of the annual

budget, Council shall give consideration to the total rates collected under this policy

and shall have regard to whether these funds are short, medium and long term

funding, when making budgetary commitments.

Systems and Procedures

In order for the Minister to ensure the rating principles under the Act are applied to any

separately identifiable rateable portion of land within the district, the Shire is to have systems

and procedures to:

• identify and record any changes in land use;

• review the predominant use of land affected by significant land use changes;

• consult with affected parties;

• obtain Council approval to apply to the Minister for a change in method of valuation;

and

• ensure timely application to the Minister

• maintain a register of planning and/or building and/or health and food inspection

approvals outside of town-sites, such as mining camps

The purpose for which the land is zoned shall form the initial guide to the predominant use of

any land within the district.

A guide to the predominant use of land within the district based on the zoning under Local

Planning Scheme 7 is detailed on the following page. Where the current predominant use of

the land is different to the initial guide the basis for this determination should be clearly

documented.


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Guide to predominant use of land

Method of Valuation Zone Grouping Zones

Gross Rental Value (GRV) (Non-Rural Land Use)

Residential Zones Residential

Commercial Zones Commercial and civic

Tourism

Industrial Zones Mixed Business

Industry

Industrial and Mixed Business Development

Strategic Industry

Community Zones Education

Airport

Unimproved value (UV) (Rural Land Use)

Rural Zones Rural

No guide Residential Zones Urban Development

Rural Zones Rural Living

Community Zones Community

Other Zones Settlement

Special Use

Development

Where the predominant current land use for land does not align to the Rural or Non-Rural land

use indicated by the guide above determination of whether a different method of valuation

should be used is required. The table below provides an indication of the basis of valuation

based on allowable land uses which may require a different method of valuation to the one

indicated by the guide above. Non-conforming land use and land where the zoning does not

provide a guide will require examination on a case by case basis.

Possible alternative method of valuation

ZONING TABLE

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Residential

1 Aged or Dependent Persons

Dwelling GRV GRV GRV GRV GRV GRV

2 Caretaker's Dwelling GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV

3 Grouped Dwelling GRV GRV GRV GRV GRV GRV

4 Holiday Accommodation GRV GRV GRV GRV

5 Hotel GRV GRV GRV GRV

6 Motel GRV GRV GRV GRV GRV

7 Movable Dwelling GRV GRV GRV GRV

8 Multiple Dwelling GRV GRV GRV GRV GRV

9 Residential Building GRV GRV GRV GRV GRV GRV

10 Rural Settlement GRV GRV


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ZONING TABLE

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11 Single House GRV GRV GRV

12 Transient Workforce

Accommodation GRV GRV GRV GRV GRV GRV GRV GRV GRV

Industry

13 Abattoir GRV GRV GRV

14 Agriculture UV UV UV

15 Arts and Crafts Centre GRV GRV GRV GRV GRV GRV GRV GRV GRV

16 Harbour and Marina Facilities GRV GRV GRV

17 Hire Service (Industrial) GRV GRV GRV

18 Home Business GRV GRV GRV GRV GRV

19 Home Occupation GRV GRV GRV GRV GRV

20 Industry - Extractive UV UV UV UV UV

20 Industry - General GRV GRV GRV

22 Industry - Light GRV GRV GRV

23 Industry - Noxious GRV GRV GRV

24 Industry - Resource Processing UV UV UV UV UV

25 Industry - Rural UV UV UV UV

26 Industry - Service GRV GRV GRV

27 Infrastructure GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV

28 Intensive Agriculture UV UV UV UV UV UV UV

29 Research Laboratory GRV GRV GRV GRV GRV GRV GRV GRV

30 Stockyard UV UV UV

31 Storage facility/depot/laydown

area GRV GRV GRV GRV GRV GRV

Commerce

32 Aerodrome GRV GRV GRV

33 Display Home Centre GRV GRV GRV

34 Exhibition, Display and Outdoor

Sales Facilities GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV

35 Market GRV GRV GRV GRV GRV GRV GRV GRV

36 Motor Vehicle and/or Marine

Repair GRV GRV GRV GRV GRV GRV GRV GRV


Sales & Hire GRV GRV GRV GRV GRV GRV GRV


Service Station GRV GRV GRV GRV GRV GRV GRV


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ZONING TABLE

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Wrecking GRV GRV

40 Motor Vehicle Wash GRV GRV GRV GRV GRV GRV

41 Office GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV

42 Outdoor Display GRV GRV GRV GRV GRV GRV

43 Restaurant GRV GRV GRV GRV GRV GRV

44 Shop GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV

45 Showroom GRV GRV GRV GRV GRV

46 Take-away Food Outlet GRV GRV GRV GRV GRV GRV GRV GRV GRV

47 Warehouse GRV GRV GRV GRV GRV

Health, Welfare and Community Services

48 Carpark GRV GRV GRV GRV GRV GRV GRV GRV GRV

49 Childcare Service GRV GRV GRV GRV GRV GRV GRV

50 Community Use GRV GRV GRV GRV GRV GRV

51 Consulting Rooms GRV GRV GRV GRV GRV GRV GRV

52 Education Establishment GRV GRV GRV GRV GRV

53 Emergency Services GRV GRV GRV GRV GRV GRV GRV GRV

54 Funeral Parlour GRV GRV GRV GRV GRV GRV

55 Hospital GRV

56 Detention Centre` GRV GRV

57 Medical Centre GRV GRV

58 Nursing Home GRV GRV GRV GRV GRV

59 Place of Animal Care UV UV UV UV UV UV UV

60 Place of Public Meeting,

Assembly or Worship GRV GRV GRV GRV GRV GRV GRV

61 Public Utility GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV

Entertainment, Recreation and Culture

62 Clubrooms GRV GRV GRV GRV GRV

63 Equestrian Centre UV UV

64 Entertainment Venue GRV GRV GRV GRV GRV GRV GRV

65 Private Recreation GRV GRV GRV GRV GRV GRV

66 Public Recreation GRV GRV GRV GRV UV UV UV UV

67 Reception Centre GRV GRV GRV GRV

Notwithstanding the above table, where land is within a gazetted townsite, the default basis

of valuation will be that of GRV, consistent with clause 27 of Schedule 9.3, Division 1 of the

Local Government Act 1995.


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Determination of the appropriate method of valuation requires

examination of the extent to which the separately identifiable portion of

land is being used for the alternative land use. This should be documented and considered

using the principles detailed in this policy before making application to the Minister for a

change in method of valuation.

A uniform general rate in the dollar is to be applied for all GRV and UV valued properties

within the district. Council may in certain circumstances deem a differential general rate to

be necessary. Imposition of differential general rate represents a conscious decision by

Council to redistribute the rate burden in the district by imposing a higher contribution on

some ratepayers and a lower contribution on others.

Imposition of a differential general must follow the Benefit Principle – the concept that there

should be some relationship between the rates paid and the benefits received. The Benefit

Principle does not mean rates should equal benefits, but it is expected that those bearing the

higher rate burden through the imposition of differential rating are receiving greater benefits

from Shire activities. When imposing a differential general rate the characteristics of the land

to which the rate is to be applied along with the objects and reasons for the differential rate

should be clearly defined.

The purpose for which the land is zoned is considered the most appropriate basis for

determining the characteristics of the land to which the differential general rate applies.

Where the Benefit Principle is considered by Council not to apply within a particular land

zoning, the purpose for which the land is held or used as determined by the local

government and/or whether or not the land is vacant land shall be used as the basis for

determining the characteristics of the land to which the differential general rate applies.

Concessions and waivers

Circumstances may arise where Council resolves by absolute majority to grant a waiver or

concession which has the effect of altering the general rating principles and safeguards

under the Act and the principles outlined in this Policy.

Rating Policy – Valuation of Land - Mining (March 2016)

Local Government Operational Guidelines – Changing Methods of Valuation of Land –

(Number 02- March 2012)


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FIN23 Disposal of Property (other than land)

Aim To provide guidance on the management of the disposition of property (other than land).

Application All staff and Elected Members


Local Government Act 1995 s.3.58 Local Government (Functions and General) Regulations 1996 s.30

Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective - 03 Council Leadership



Last Review 2018

Next Review 2020


OBJECTIVE

To provide guidance on the management of the disposition of property (other than land) below

$20,000 in value ensuring full compliance with applicable legislative obligations and principles

of transparency.

POLICY STATEMENT

The Shire’s Disposal of Property Policy sets the direction for the disposition of property below

$20,000 in value. Dispositions not outlined in this policy are prescribed by legislation.

The objectives are to ensure that:

1. All furniture, equipment or goods up to $20,000 in value, based on a 'reasonable

judgement' valuation, shall be disposed of firstly through a local public tender process

with a subsequent report presented to Council. In the event of there being no response

to the tender process, the processes set out in (2) and (3) below shall be followed.

2. At the discretion of the Chief Executive Officer (CEO) furniture, equipment or goods

reasonably considered being valued between $1,000 up to $5,000 shall be offered to

local community groups, sporting clubs or charities through a locally-advertised

expression of interest process which may comprise either an expression of interest or

be on a "first in, first served" response basis.

3. Where an expression of interest process applies and more than one interest is

received, a report shall be provided to Council recommending the order of priority, with

preference given to local not-for-profit community groups where practicable.


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4. Where property is worth less than $1,000 (based on a

‘reasonable judgement' valuation), the CEO shall have

discretion to offer the property to local community groups, sporting clubs or charities

or if no interest is received, to appropriately dispose of the property through a waste

collection service.

5. All items surrendered at the security screening points at Onslow Airport (not including

weapons, dangerous or hazardous items) shall be disposed of at the CEO’s discretion

either by donation or waste disposal, this includes lost and/or uncollected goods after

a 3 month period.

6. For all property disposed of as per above processes, the CEO shall exercise DA01-7

Sale/Disposal of Vehicles, animals or goods confiscated or otherwise, unless

presented to Council.

7. The asset register shall reflect the disposal where applicable.


Internal:

Delegation Register (DA01-7)

External:


Local Government (Functions and General) Regulations 1996


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7. HEALTH

HTH02 Aboriginal Environmental Health

Aim

This policy articulates the commitment of the Shire to help improve

the health outcomes of Aboriginal and Torres Strait Islander people

and communities within the Ashburton Local Government area in

partnership with environmental health professionals working in those

communities, and other relevant stakeholder organisations.



Public Health Act 2016

Principles

Strategic Community Plan 2017 – 2027 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, Caring and Engaged Communities Objective 03 – Quality Education, Healthcare, Aged Care and Youth Services Goal 03 - Unique Heritage and Environment Objective 02 – Leading Regional Sustainability



Last Review 2017

Next Review 2021


Background

In December 2007, the Council of Australian Governments (COAG) agreed to a partnership

between all levels of government to work with Indigenous communities to close the gap in

Indigenous disadvantage (Council of Australian Governments 2007).

There is evidence that Aboriginal and Torres Strait Islander populations suffer a

disproportionate impact from both increased exposure to environmental hazards and

decreased access to environmental health services. Aboriginal and Torres Strait Islander

peoples are more likely to live in conditions considered to be unacceptable by general

Australian standards. This includes overcrowding, poorly maintained buildings, high housing

costs relative to income, high costs for food and associated food security, poor food safety

practices and a lack of basic environmental health infrastructure, such as adequate

sanitation, water supplies, waste management services and appropriate housing (National

Aboriginal Community Controlled Health Organisation 2003).


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In line with the policy principles endorsed by Health Ministers in 2010,

the Shire of Ashburton (the “Shire”) agrees that good environmental

health conditions are an essential requirement for maintaining and improving the health of

Aboriginal and Torres Strait Islander communities (Australian Health Ministers’ Conference

2010).

The Shire is committed to assisting in the national effort to achieve equitable health

outcomes for Aboriginal and Torres Strait Islander populations and acknowledges the

inequalities, both past and present, that Aboriginal and Torres Strait Islander people have

endured that present many challenges to closing the health gap. The Shire will continue to

advocate for improvement in the health status of Aboriginal and Torres Strait Islander

populations in part through support of the seven key targets of Closing the Gap (2016),

which are to:

Close the gap in life expectancy between Indigenous and non-Indigenous

Australians within a generation (by 2031).

Halve the gap in mortality rates for Indigenous children under five within a decade

(by 2018).

95 per cent of all Indigenous four-year-olds enrolled in early childhood education (by

2025

Close the gap between Indigenous and non-Indigenous school attendance within five

years (by 2018).

Halve the gap for Indigenous children in reading, writing and numeracy

achievements within a decade (by 2018).

Halve the gap for Indigenous Australians aged 20-24 in Year 12 attainment or

equivalent attainment rates (by 2020).

Halve the gap in employment outcomes between Indigenous and non-Indigenous

Australians within a decade (by 2018).

Scope

The scope of this policy is to outline the Shire’s Aboriginal Environmental Health Policy

principles and actions for its Employees and elected members and to recognise the

important role of environmental health in improving health outcomes of Aboriginal and Torres

Strait Islander populations in the Shire.

Policy Principles

To affirm that the Shire:

Acknowledges that Aboriginal and Torres Strait Islander people have suffered and

continue to suffer from the legacy of dispossession economically, legally, culturally

and spiritually. The Shire supports reconciliation, recognition and equal rights of

Aboriginal and Torres Strait Islander people.

Acknowledges that environmental health programs serve to prevent illness, injury

and even death. Such programs can result in an overall net social and economic

gain for the community including disease prevention, extended lives, enhanced

productivity and less time lost from family, education and work by materially reducing

environmental risk factors to health and wellbeing.


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Acknowledge that environmental health programs can also

help to reduce the vulnerability of communities against

emergency situations such as acts of nature (bushfire, cyclones etc.) and epidemics

etc.

Endeavour to ensure that each Aboriginal and Torres Strait Islander community

should benefit, wherever possible, from the services of relevant and targeted

environmental health programs.

Actions

The Shire will:

Encourage greater participation of Aboriginal and Torres Strait Islander people in the

environmental health profession and workforce;

As a contribution to the Closing the Gap framework, advocate that environmental

health programs servicing Aboriginal and Torres Strait Islander communities be

supported, by the State Government, to allow maintenance at the staffing and

funding levels necessary in order for them to deliver health outcomes and or continue

to be effective, empower localised workforce and to and satisfy environmental health

standards;

Develop programs for improved Aboriginal and Torres Strait Islander health

outcomes in partnership with the State Government and relevant stakeholders such

as Aboriginal Corporations, other service providers and not for profit organisations;

Encourage the development and involvement of appropriately qualified and trained

environmental health practitioners in Aboriginal and Torres Strait Islander

communities.

Refer to relevant Government guidance documents such as the Guidelines for

Aboriginal and Torres Strait Islander Terminology Queensland Health 2011 on

appropriate terminology when working and corresponding with Aboriginal and Torres

Strait Islander people and communities, and for use in all relevant policy, planning,

programs and resource development;

Undertake an annual review of baseline data (including information such as resident

population, infrastructure, maintenance programs, waste disposal programs,

emergency preparation etc) of the Shire’s Aboriginal and Torres Strait Islander

communities as a reference point for consideration of future Environmental Health

programs;

Engage with any State Government consultation regarding future planning for remote

Aboriginal and Torres Strait Islander communities within the Shire of Ashburton and

ensure that the views of local communities are adequately invited and considered.

Definitions

(Adapted from Guidelines for Aboriginal and Torres Strait Islander Terminology Queensland

Health 2011, except Aboriginal and Torres Strait Islander Environmental Health Practitioner)


238

Aboriginal and Torres Strait Islander

According to s51 (25) of the High Court of Australia (1983): An Aboriginal or Torres Strait

Islander person is a person of Aboriginal or Torres Strait Islander descent who identifies as

an Aboriginal or Torres Strait Islander and is accepted as such by the community in which he

or she lives.

Community/communities

In Aboriginal and Torres Strait Islander cultures, community is primarily about country,

(extended) family ties, and shared experience. Community is about inter-relatedness and

belonging and is central to Aboriginal and Torres Strait Islander cultures.

It is generally acceptable to use the term ‘community’ to refer to Aboriginal and Torres Strait

Islander people living within a particular geographical region. However, the diversity of the

Aboriginal and Torres Strait Islander people within that community should be considered

where applicable.

Aboriginal and Torres Strait Islander Environmental Health Practitioner

A person employed to work in environmental health with some level of accredited training.

This term encompasses ‘Indigenous Environmental Health Worker (IEHW)’, and ‘Aboriginal

Environmental Health Worker (AEHW)’. It can also be used to collectively refer to any

person with or without environmental health qualifications working in this area, such as an

Environmental Health Officer, Environmental Health Coordinator, Environmental Health

Supervisor, Healthy Housing Workers and Animal Welfare Workers.

References

Australian Health Ministers’ Conference 2010, Policy Principles on which to Base

Improvements for Aboriginal and Torres Strait Islander Environmental Health, viewed 2

December 2016, http://www.health.gov.au/internet/main/publishing.nsf/Content/ohp-

environment-policy-principles-atsi

Council of Australian Governments 2007, National Agreement, viewed 2 December 2016,

http://www.coagreformcouncil.gov.au/agenda/indigenous.cfm.

Commonwealth of Australia 2010, Environmental Health Practitioner Manual,

viewed 2 December 2016,

http://www.health.gov.au/internet/main/publishing.nsf/Content/ohp-enhealth-manual-atsi-cnt

National Aboriginal and Torres Strait Islander Health Plan 2013-2023, Department of Health

viewed 15 May 2014,

http://www.health.gov.au/internet/main/publishing.nsf/Content/natsih-plan

2016 Closing the Gap report, Council of Australian Governments (COAG). Department of the

Prime Minister and Cabinet. http://closingthegap.dpmc.gov.au/

Queensland Aboriginal and Islander Health Council 2011, Making Links for Healthy Places,

viewed 15 May 2014, http://www.qaihc.com.au/resources/publications/.

http://www.health.gov.au/internet/main/publishing.nsf/Content/ohp-environment-policy-principles-atsi

http://www.health.gov.au/internet/main/publishing.nsf/Content/ohp-environment-policy-principles-atsi

http://www.coagreformcouncil.gov.au/agenda/indigenous.cfm

http://www.health.gov.au/internet/main/publishing.nsf/Content/ohp-enhealth-manual-atsi-cnt

http://www.health.gov.au/internet/main/publishing.nsf/Content/natsih-plan

http://closingthegap.dpmc.gov.au/

http://www.qaihc.com.au/resources/publications/


239

Queensland Health 2011, Guidelines for Aboriginal and Torres Strait

Islander

Terminology Queensland Health, viewed 15 May 2014,

http://www.health.qld.gov.au/atsihealth/documents/terminology.pdf.

8. LOCAL PLANNING

Refer to the Building and Planning section of the Shire of Ashburton website for all Local

Planning Policies

http://www.ashburton.wa.gov.au/building-planning/town-planning-/local-planning-policies

http://www.health.qld.gov.au/atsihealth/documents/terminology.pdf

http://www.ashburton.wa.gov.au/building-planning/town-planning-/local-planning-policies


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9. RECREATION

REC01 Consumption of Alcohol on Shire of Ashburton owned and managed

properties.

Aim

To describe the conditions to be observed in regard to the

consumption of alcohol in and on public reserves and Shire owned

facilities within the Shire.

Application General Public


Liquor Control Act 1988WA Liquor Licensing Act 1988

Liquor Control Regulations 1989

Shire of Ashburton Local Government Property Local Law 2013

Guidelines for Concerts Events and Organised Gatherings – WA

Department of Health 2009

Health Act 1911

Health (Public Building) Regulations 1997

Food Act 2008

Food Regulations 2009 and Food Safety Standards




Last Review 2018

Next Review 2022


OBJECTIVE

This policy works towards achieving the following outcomes for the consumption and sale of

alcohol at Shire owned and managed property:

Safe consumption of alcohol

Responsible service of alcohol

Minimise harm and alcohol related damaged and violence

Members of the public and organisations who wish to consume, supply or sell alcohol on

reserves managed by the Shire and in Shire owned facilities are to observe the following

conditions:

1. An application must be made to the Shire by submission of “SOA CD 002 Application

to Consume Alcohol on Council Property’ at least 14 days prior to the event date. If

alcohol is being sold the Shire must be provided with a copy of the liquor licence as


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approved by the Department of Racing, Gaming and Liquor

prior to the license period commencing.

2. The permit holder listed on the ‘Application to Consume Alcohol on Council Property’

is responsible for the safety and wellbeing of all people involved in the event and

managing the activity to ensure other users and residents are not impacted.

3. Alcohol consumption is not to exceed six hours in any one day, must not commence

prior to 11am and must cease before the following times:

Monday – Thursday 10.00pm

Friday and Saturday 12.00am (midnight)

Sunday 9.00pm

4. Any extension or variation to these hours requires the approval of the Officer in

Charge of Police (in the relevant town) and the Chief Executive Officer.

5. All glass beverage and drinking containers are prohibited (unless the event has been

identified as low risk and prior approval for use of glass has been requested and

agreed to by the Shire.

6. Events that are considered to be high risk, and/or events where the organisers have

previously breached hire conditions (including damage to Shire property) may have

their permits refused, or be asked to provide additional information (such as risk

management plans, evidence of crowd controllers etc.) before a permit is granted.

7. For any perceived high risk event, applications to consume alcohol should be

forwarded to the local Police station for input before approval is considered.

8. In the event of a cyclone approval to consume liquor may be revoked for safety

reasons.

9. Depending on the nature and location of the event or function the Shire of Ashburton

may also place additional terms and conditions on the ‘Application to Consume

Alcohol on Council Property’

10. Where the event is on Crown Land managed by the Shire this Application may be

revoked if:

a. The event is not in accordance with the Reserve Purpose e.g. a facility

subject to a community lease is hired for a Christmas party

b. The event is not facilitated by the lessee e.g. the premises are hired to a third

party


Form SOA CD 002 Application to Consume Alcohol on Council Property


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REC05 Community Leases and License Agreements of Shire

Assets (Facilities, Buildings and Land)

Aim

To provide a structured, equitable and consistent approach to the

management of Council’s community lease and licence agreements with

local community groups for the use of Shire of Ashburton (SOA) owned

and controlled facilities, buildings and land.

Application Shire of Ashburton Community, Sporting and Not For Profit Clubs,

Associations & Groups



Local Government (Functions and General) Regulations 1996

Shire of Ashburton Local Government Property Local Law 2013

Principles Strategic Community Plan 2017 – 2027 Goal 01 – Vibrant and Active Communities Objective 02 – Sustainable services, clubs, associations and facilities


Monitor and Review

Property & Development Services

Last Review 2018

Next Review 2022


Definitions: Act The Local Government Act 1995 as amended.

Community or Sporting Group A not for profit (does not operate as a business,

corporation or organisation) social, sporting,

recreational, occupational or religious group of any size

whose members reside in the Shire of Ashburton who

contribute to active people, clubs and associations.

Groups must be incorporated to enter into a Lease or

Licence with the Shire of Ashburton and comprise of a

committee consisting of a President, Vice President,

Treasurer and Secretary.

Community Lease A legally binding agreement granted to community,

sporting or recreation associations and government

bodies or other organisations that provide services

solely for the benefit of the community.

Crown Land Land owned by the Crown and vested in the Shire of

Ashburton through the granting of a Management Order

by the Department of Regional Development and Lands.


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Freehold Land Freehold land (or fee simple)

provides the most complete form of ownership of that

land, in perpetuity. It allows the land holder to deal with

the land including selling, leasing, licensing or

mortgaging the land, subject to compliance with

applicable laws such as planning and environment laws.

Fees and Charges The rate set annually by Council in its absolute discretion

as the rate chargeable for rateable Property.

Incorporated A group of people who are recognised as a legal entity,

separate from individual members as defined under the

Associations Incorporation Act (1987).

Lease A legally binding agreement by which one party (Lessor)

in consideration of rent, grants exclusive use and

possession of real Property to a third party (Lessee) for

a specified purpose and term. A Lease creates an

interest in the Property.

Lease or Licence Variation The addition, removal or change of one or more of the

Lease or Licence provisions. The Shire of Ashburton

Deed of Variation template is utilised for lease and

licence variations. This templates allows an

arrangement for the lease or licence to be amended,

provided the amendment is signed by all parties.

Lessee An authorised third party that has entered into a Lease

or Licence with the Shire of Ashburton for the use of

Shire of Ashburton owned or managed real Property and

pays rent to occupy the Property (and where the context

permits includes a Licensee).

Lessor The Shire of Ashburton being the owner or management

body of Property with power to Lease or Licence to a

third party (Lessee).

Licence Permits a person to occupy Property, or part thereof on

particular conditions. The main feature that distinguishes

a Licence from a Lease is that a Licence does not permit

exclusive use of the Property. A Licence does not create

an interest in the Property.

Licensee A person that holds an approved Licence. For the

purpose of this document (where context permits) a

Licensee will also be referred to as “Lessee”.

Management Order An authorisation provided by the Crown giving the Shire

of Ashburton both the power and authority to manage a

parcel of land on behalf of the Crown.


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Planning Scheme Consent Local Planning Authority

requirement if proposing to change a land use, develop

or use any land including the erection, construction or

alteration of any building, excavation or other works on

any land.

Property The Property that is subject to or intended to be subject

to a Lease or Licence.

Reserve A defined area of land belonging to the Crown which has

been vested in the Shire of Ashburton by way of a

Management Order.

Shire Shire of Ashburton.

Objective: Local communities across the Shire of Ashburton are actively engaged in running a range of sport, recreation and youth programs. These sporting clubs and community groups contribute greatly to community life in the towns as well as improving social capital, quality of life and wellness outcomes. The Shire of Ashburton recognises the important role local groups have to play in community wellbeing and invests heavily in community infrastructure and community programming to support these local groups. This policy aims to encourage and support volunteerism and physical activity in clubs and associations by providing community lease and licence agreements to groups that contribute to the community. Community lease and licence agreements optimise use of community facilities, catering for storage, meeting rooms, recreation areas and reserves. The agreements provide an avenue for groups to build capacity within and to sustain their organisation into the future. This policy should be read in conjunction with the Local Government Act 1995 and the associated Regulations. Function: A standard lease or licence document created by Solicitors is to be used in respect of all agreements. The Shire of Ashburton reserves the right to attach a schedule to the agreement setting out special conditions, fees or concessions as appropriate and to amend the template lease or licence document as it sees fit.

Essential Principles applied by the Shire of Ashburton when granting a Lease or

Licence over Property

Lessee/Licensee: The Shire may enter into a Lease or Licence with the following entities:

c) Incorporated Associations. e) The Crown / a Statutory Authority / other Government body.

Type of Agreement:

A Lease will be entered into where the intention is to grant exclusive possession of the

property or part of the property.


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A Licence will be entered into where the intention is to grant non-

exclusive possession of the property or part of the property.

All property rights will be granted in writing.

Templates for Leases and Licences: Shire of Ashburton templates are to be provided for each type of use envisaged by this policy in regards to creating a lease or licence agreement for community groups to utilise SOA facilities, buildings or land.

1. Lease of Community Facility Template This template is used when the Shire of Ashburton is leasing out the whole or a portion of a facility, building or land which is SOA property. Groups that lease community facilities have sole occupancy of the leased area meaning that other groups do not have access to this area at any stage for the entirety of the lease agreement. For example: the whole of the land contained in a Certificate of Title, a room within a larger facility or an entire building. The lease template will continue to evolve and will be updated from time to time as the need arises.

2. Licence Agreement to Use Community Facility Template This template is used where the licensee does not have exclusive possession of the premises. It provides the Shire of Ashburton with flexibility to licence the premises to other parties at different times and better utilise the land and buildings. For example: a group may wish to hire out a storage room for 6 months of the year during their season or they may share the area with another group whom would also enter into a non-exclusive licence agreement to use the storage room on a shared basis. The licence template will continue to evolve and will be updated from time to time as the need arises.

Community user licences are not to be used for general hire of a facility for example, utilising a venue in the Shire of Ashburton Fees and Charges on a weekly basis for 6 hours per week. Term: The term will depend on many factors:

a) The needs of Council and Council Plan objectives. b) The needs of the Community. c) The Lessee. e) The ongoing need for the Property or the provided use. i) The Management Order for the Property (if Crown land) and the requirements of the Minister for Lands.

The maximum tenure of a Lease or Licence granted by the Shire on Crown land will be 21

years including any further term option/s.

The maximum tenure of a Lease or Licence granted by the Shire on freehold land will be at the discretion of Council.

Variation: If a Lessee requests a variation to a Lease or Licence, the Shire may grant a variation on

condition that the variation is achieved by surrender of the existing Lease or Licence and the

grant of a new Lease or Licence with additional conditions the Shire considers appropriate,

at the Lessee’s cost.


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Assignment:

A Lessee must not assign a Lease or Licence without the Shire’s prior

written consent, which may be withheld in the Shire’s absolute discretion. Assignors continue

to be liable for the remainder term of the Lease and will be required to prove suitability of an

assignee.

Further Term/Renewal:

If a Lease or Licence provides for a further term, the Shire may grant the Lessee an

extension of the Lease or Licence if the Lessee is not or has not been in default and

complies with the procedures in the Lease or Licence for renewal. Where an option to renew

is stated in the lease or licence agreement, this template is to be used to exercise this

option. Both Parties signatures are required.

Planning, Consent & Approvals: Planning Scheme Consent / Approval (if required) must be obtained from the Shire as the

local planning authority prior to a request for a Lease or Licence.

Where the Shire manages Crown land, grant of the Lease or Licence and each renewal, if any, will be conditional on Minister for Lands approval.

The Lessee or Licensee is solely responsible for obtaining all approvals, licences and authorities necessary to conduct the proposed activities on any premises. The Shire makes no representation that a premises is suitable for any activity, whether permitted or otherwise. Works: A Lessee may only undertake works on the Property in accordance with the Shire’s prior

written consent. A Lessee will also be responsible for any planning or building approvals that

may be required. All works are to be conducted in a safe and professional manner.

Environmental: A Lessee must not clear vegetation on the Property without the Shire’s prior written consent.

Vacant Possession and Expiry of Term:

Removal of a Lessee’s effects, buildings or infrastructure, apparent cessation of activities, or

the continued vacancy of premises, without notice, may be deemed a surrender of Lease or

Licence without notice.

If a Lessee remains in occupation of Property after expiry of the Term, with the consent of

the Shire, it will do so from month to month unless the Lease/Licence or Shire otherwise

provides different holding over arrangements.

On expiry or termination of a lease or License, a Lessee may be directed to remove all Lessee’s improvements at the Lessee’s cost, unless otherwise directed by the Shire.

A Lessee must make good damage caused by removal of its improvements and restore the

Property to the same condition as at the beginning of the term.

Risk Management and Insurance: The Shire requires that all Leases and Licences contain appropriate risk management

measures including an obligation on the Lessee to:


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a) indemnify the Shire (and the Minister for Lands if on Crown land) for loss or damage to persons or Property, wherever occurring; b) maintain adequate public liability insurance; c) ensure that appropriate documentation and insurance is in place for the hired use of the Property; d) carry appropriate worker’s compensation insurance commensurate with activities; and e) be responsible for emergency and evacuation procedures.

A Lessee must maintain a minimum of $20 million public liability insurance per occurrence during the term. If activities undertaken on the Leased or Licensed Property are considered high risk, a higher level of public liability insurance may be required by the Shire. A Lessee is recommended to insure their personal Property (including contents) for the full replacement value as the Shire will not be responsible for any such replacements under any circumstances. A Lessee will be required to provide the Shire with a copy of certificates of currency before possession is granted under the Lease or Licence commences and annually thereafter. Lease & Licence Annual Fees: An annual rent is to be charged for the use of the facility, building or land as per the below table. The Annual Fee will not be subject to annual increments but may be amended following budget or policy review Changes to annual fees are to be presented to Council as a review of this policy – Policy REC05.

Guidelines on Fees for All Lease & Licence Agreements

The fees below are not to be incorporated into a Lease or Licence Agreement for general

hire of a facility. E.g. Utilising a venue in the Shire of Ashburton Annual Fees and Charges

on a weekly basis for 6 hours per week.

Fees apply to club/associations regardless of financial stability.

Facilities, Buildings or Reserves will be charged at the same rate per annum regardless of

size and location.

Fees apply regardless of new, old or renovated facility, building or land.

Fees apply regardless of any work carried out by the club or association.

Only one room, store room, building, facility or reserve to one lease/licence agreement.

Groups are entitled to more than one lease/licence agreement should the Shire have

facilities, buildings, rooms or reserves available.

Facility, Building or

Land Lease or

Licence Agreement

Fee per Annum Guidelines

Lease –

Reserve/Land $500.00 plus GST

Buildings and infrastructure is an asset of

the club/association and is the club’s

responsibility.

Insurance premiums, utilities, fire control

(including DFES Levy) etc is the

responsibility of the lessee.

Lease -

Associations/Clubs

$1,000.00 plus

GST

This applies to any venue or reserve under

a lease/licence agreement that is an

approved Licenced Premises by the


248

that Hold a Liquor

Licence

Department of Racing, Gaming & Liquor for

the sale of alcohol.

Personal Property Insurance premiums

and utilities are the responsibility of the

lessee.

Lease –

Entire Facilities or

Rooms within a

Building

$500.00 plus GST

These areas can be small or large however

must be able to accommodate a

recreational activity or small group

meeting.

These buildings, rooms or facilities must be

for a ‘sole recreational purpose’. For

example club meeting rooms, tennis

courts, squash courts, toy libraries.

Rooms within a facility are in a building in

which the Shire of Ashburton hires the

remaining areas of the facility to general

users as per the Annual Fees and

Charges.

Personal Property Insurance premiums

and utilities are the responsibility of the

lessee.

Lease –

Junior Organisation $300.00 plus GST

The Club/Association/Organisation must be specifically for children 17 years and under. This does not apply to any organisation that invites adults (18 years and over) to participate or supervise in the recreational or sporting activity.

This applies to junior organisations that are on a reserve or have an entire facility or room/s within a building.

Personal Property Insurance premiums and utilities are the responsibility of the lessee.

Lease –

Storage $100.00 plus GST

This is for any group that has storage within

or on a Shire facility/building.

Store rooms generally have no air

conditioners or windows.

Store rooms cannot accommodate space

for a meeting room if desired.

Examples: Tom Price Netball/Basketball

Shed, Clem Thompson Memorial Sports

Pavilion Store Rooms, Store Rooms in the

Community Centre.

Storage fees will not be charged where

groups do not have sole usage of the

storage room. For example – the store

room is available for groups that hire the

venue on an hourly rate as per the annual

Fees and Charges or are also utilised by



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Utilities or Service charges will not be

charged; this includes Water Consumption,

Water Rates, Land Tax, DFES Levy and

Electricity.

All Community Lessee

and Licensees

50% discount

Fees and Charges Schedule of rates for

Commercial/Industrial Refuse Collection

Charges weekly bin service only

100% discount Local Government rates

Supporting Documentation:

REC01 Consumption of Alcohol on Shire of Ashburton owned and managed properties.


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REC06 Vandalism - Reward for Conviction

Aim To reduce that amount of vandalism and wilful damage to Council

property through the introduction of a reward system




Criminal Investigations Act 2006

Surveillance Devices Act 1998 (Western Australia) Section 3

Principles Strategic Community Plan 2017 – 2027 Goal 04 – Quality Services and Infrastructure Objective 01 – Quality Public Infrastructure



Last Review 2015

Next Review 2019


OBJECTIVE

Council is to pay a reward to any person or persons giving information which leads to the

successful conviction of vandals who have wilfully damaged Council property. This includes,

but not limited to: damage to buildings, sporting facilities, equipment and plant, and trees.

OUTCOME

The amount of the reward is to be set by Council and reviewed annually. This reward is

currently set at $500.00. The onus will be on the person seeking to claim the reward to prove

that they provided information which leads to the successful conviction of the vandal. Council

Staff, Councillors and members of the Police Force are not eligible for the reward.


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REC07 Tourism policy for the Shire of Ashburton

Aim In recognition that tourism is a major employer and contributor to the

local economy, the Shire will identify support for tourism industry

Application Shire of Ashburton and tourism stakeholders


Nil

Principles Strategic Community Plan 2017 – 2027 Goal 02 – Economic Prosperity Objective 03 – Well Managed Tourism



Last Review 2016

Next Review 2018


The Shire recognises that tourism will continue to be a major employer and contributor to the

economy within the Shire of Ashburton, and also that it needs to play an active role to facilitate

the growth and development of tourism in Ashburton.

The Shire will continue to work with State, regional and tourism industry stakeholders to

promote local tourism opportunities.

Framework

The Shire of Ashburton will in particular:

• Endeavour to assist community groups or tourist organisations conduct events which have

the potential to develop tourism in the area.

• In the formulation of its planning regulations and preparation of local laws and other

regulations, will have regard to the requirements of tourism development, and the impacts

these rules will have on tourism.

• When reviewing Strategic Plans, Town Plans and Development Control Plans, take into

consideration policies on tourism and other related issues.

• Encourage tourism product development and investment throughout the area and where

possible will facilitate the development application process.

• Encourage a high standard of relevant design and aesthetics in all forms of tourist

development.

• Consider the welfare of the whole community, and examine the social, cultural, economic

and environmental impact when supporting tourism development and any associated facilities.


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• Promote landscaping of residential and commercial centres to make

the Shire a unique and attractive visitor destination.

• Where practicable, support the enhancement of natural features, conservation areas of

outstanding scenic beauty and recognise items of heritage significance.

• Facilitate the development of scenic routes, walk-trails and lookouts and review signage

needs in strategically important tourist areas.

Financial

Council will consider an appropriate budget allocation each year to provide for the following:

• A contribution to the Onslow Visitor Centre providing it is satisfied that the Committee is

providing a worthwhile tourist service (as outlined in an annual agreement);

• Fund the Tom Price Visitor Centre directly as a Council activity;

• Contribute an amount towards implementing the Shire of Ashburton Tourism Destination

Development Strategy,

• Support tourism initiatives which build the Pilbara tourism potential.


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REC08 Community Donations, Grants and Funding

Aim

To outline the criteria for offering not-for-profit community, sporting,

social, cultural, recreational, religious and emergency service groups

and associations, and individuals limited in-kind and/or financial

assistance to deliver programs, community events, facilities and/or

services that directly benefit the residents of the Shire of Ashburton.

To support community initiatives that strengthens the sense of

community in the Shire of Ashburton.

Application Eligible Individuals and Groups


Local Government Act 1995 Section 6.7(2)

Principles

Strategic Community Plan 2017 – 2027 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, caring and engaged communities Goal 05 – Inspiring Governance

Objective 03 – Council leadership



Last Review 2018

Next Review 2022


Definitions

Sponsorship and Donations - Providing sponsorship to a charity or to a charitable event is

not a donations / gift, and a charity generally cannot issue a receipt

for sponsorship. Sponsorship is when a business makes a donation to a charity and, in return,

receives advertising or promotion of its brand, products or services.

Grants - A grant is a quantity of money, i.e., financial assistance, given by a government,

organization, or person for a specific purpose.

Not-for-profit Unincorporated Association – Unincorporated associations are one possible

structure of a non-profit organisation. Any group of people who agree to act together, usually

because of a shared interest or purpose, might be called an unincorporated association.

These organisations often have limited income and conduct only a small range of activities.

Not-for-profit Incorporated Associations – An incorporated association is also a legal entity

separate from its members. Associations can be more effective for small community

organisations. They are generally simpler and more affordable than a company structure.


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Auspice - To 'auspice' means to provide support, sponsorship or

guidance. The group or individual requiring support is known as the 'auspicee' and the

incorporated organisation that auspices the group or individual is known as the 'auspicor.

In-Kind – consisting of something other than money.

GENERAL CONDITIONS AND CRITERIA

a) The general conditions and criteria are applicable to all areas of assistance.

b) The applicant is to reside or operate within the Shire of Ashburton, OR be able to show

a direct and substantial benefit to residents within the Shire of Ashburton.

c) Assistance is not available retrospectively.

d) Funds are to be used only for the purpose for which the Shire has approved or any

subsequent variations obtained in writing.

e) Successful applicants are required to complete an acquittal report and submit to the

Shire within three months of the agreed completion date for use of the funds.

f) Applicants that do not submit an acquittal will not be considered for future funding; and

may be requested to return unused funds.

AREAS OF ASSISTANCE

1. Small Assistance Donations

Amount: Up to $500 per financial year. Applicants may apply more than once in a financial

year for lesser amounts, up to the maximum of $500 (this includes cash and in-kind support

such as venue hire).

Funding Rounds: Applications may be submitted at any time via the Shire’s application

process. Applicants are advised to allow sufficient time for processing (which could be up to

four weeks).

Applications may include the following: Community based activities/programs; local sporting

events or championships; club participation in regional/state championships; club equipment;

professional sports or community development such as clinics, courses and seminars;

individual sports or education scholarship for regional/state/national/international competition

participation.

What Cannot Be Applied For: Assistance for administrative and day-to-day running of groups

and organisations; individual or club uniforms; consumables; alcohol; catering; incidentals;

meals and the like.

Who Can Apply: Not-for-profit associations/organisations.

Who Is Ineligible to Apply: Applicants who have been successful in obtaining Signature Event

funding or Major Events/Projects funding and commercial businesses are ineligible.

Note: Small assistance donations do not require an acquittal nor formal recognition of the

Shire of Ashburton.

Approval Process: The Chief Executive Officer or delegate will assess and approve donations

up to the maximum amount.


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2. Community Support Grants

Amount: Applications can be for cash and/or in-kind contributions up

to $2,500 per annum. Applicants may apply more than once each financial year up to the

maximum value.

Funding Rounds: There are two funding rounds offered each year:

Round One opens in July for six weeks, with projects commencing after October.

Round Two opens in February for six weeks, with projects commencing after June.

Applications must be received by the advertised closing date on the application form provided,

and may take up to eight weeks to be assessed and awarded. Late applications will not be

considered.

Applications may include the following: Community based activities/programs; regional

sporting events or championships; club participation in regional/state championships; club

equipment; professional sports or community development such as clinics, courses and

seminars; facility development and maintenance; individual sports or education scholarship for

regional/state/national/international competition participation; community events; other

purposes assessed on broad community benefit.

What Cannot Be Applied For: Assistance for administrative and day-to-day running of groups

and organisations; individual or club uniforms; consumables; alcohol; catering; incidentals;

meals and the like.

Who Can Apply: Not-for-profit incorporated associations/organisations.

An eligible incorporated association may auspice a non-incorporated group however the

maximum amount of $2,500 will be available in one financial year to the overarching

association including auspiced amounts.

Eligible applicants who have received a Small Assistance Donation are also able to apply for a

Community Support Grant, providing it is not for the same purpose or cumulatively exceed

$2500.

Who is Ineligible: Unincorporated associations that are not auspiced by an incorporated

association; applicants that have received Signature Event or Major Event/Projects funding.

Other Requirements:

If an incorporated organisation has chosen to auspice a non-incorporated group a letter of

permission from the incorporated body must be submitted with the application.

Applications on the template provided by the Shire are to be completed in full by an Officer

Bearer.

Successful applicants must submit an acquittal report, using the template provided by the

Shire, within three months of the completion of the event/activity, containing:

i. An evaluation of the event/activity.

ii. Proof that the grant was expended according to the approved

application (including receipts and photographic evidence).


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iii. Evidence that the Shire funding was

appropriately acknowledged (e.g.

logo on promotional posters, photos, social media posts)

Approval Process: Applications are initially assessed by Shire Officers for eligibility, then

workshopped with Council and formally considered for award at the following Council Meeting.

This process may take up to eight weeks.

Council will make a provision in the budget annually for Community Support Grants, the total

provision will be divided equally between the four towns to be distributed over two grant

rounds. Should Council deem necessary, unallocated funds may be redistributed.

3. Signature Events

Amount: Grants or sponsorship of up to $10,000 per annual financial year per event.

Funding Rounds: There is one funding round each year in February (open for six weeks) for

projects from 1 August – 31 July the following financial year.


and may take up to eight weeks to be assessed for eligibility. Council will formally consider

and approve applications in the following year’s financial budget allocation.

Decisions to allocate funding to an event are based on the following criteria:

i. The extent to which the event directly benefits the residents of the

Shire of Ashburton; and

ii. Funding and/or contributions from other sources; and

iii. Value for money.

What Can Be Applied For: ‘Signature’ events which deliver a broad community benefit, are

inclusive and are considered appropriate.

Who Can Apply: Incorporated and non-incorporated associations.

Who Is Ineligible: Commercial organisations.

Other Requirements:

Groups that receive Signature Event funding are not eligible to apply for any other funding

under this Policy except for Community Lease Compliance Funding if applicable.

Applications are to be completed in full by an Office Bearer or authorised delegate.

Approval Process:

Applications are initially assessed by Shire Officers for eligibility, then considered for approval

in principle at a Council Meeting. Approval of the funding for the event will not be confirmed

until the following year’s budget is confirmed by Council.

Applicants agree to submit an acquittal report, using the template provided by the Shire, within

three months of the completion of the event, containing:

i. An evaluation of the event.


application and distribution of any proceeds or profits.

4. Major Events


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Amount: Grants or sponsorship for major events, greater than

$10,000.

Founding Round: There is one funding round offered each year in February (open for six

weeks) for projects from 1 August – 31 July the following financial year.


and may take up to eight weeks to be assessed for eligibility. Council will formally consider

and approve applications in the following year’s financial budget allocation.

Decisions to allocate funding to a project are based on the following criteria:

i. The extent to which the project directly benefits the residents of the

Shire of Ashburton and promotes the region.

ii. Funding and/or contributions from other sources.

iii. Value for money.

What Can Be applied for: The planning and delivery of events and significant regional

activities for the benefit of the Shire of Ashburton community and Pilbara, such as Nameless

Jarndunmunha Festival.

Who Can Apply: The event may be delivered by a group or organisation that is not

incorporated. Where the event will raise funds or has a charitable intention, information must

be provided on the distribution of proceeds

Who Is Ineligible: Groups that receive major event funding are not eligible to apply for any

other funding under this Policy except for Community Lease Compliance Funding if applicable.

Other Requirements:

Applications are to be completed in full by an Office Bearer or authorised delegate.

Approval Process:

Applications are initially assessed by Shire Officers for eligibility, then considered for approval

in principle at a Council Meeting. Approval of the funding for the event will not be confirmed or

paid until the following year’s budget is confirmed by Council.

Applicants agree to submit an acquittal report, using the template provided by the Shire, within

three months of the completion of the event/activity, containing:

i. An evaluation of the event/activity.


application and distribution of any proceeds or profits.

5. Council Initiated Sponsorship for an Event

Amount: Sponsorship for events, greater than $10,000.

Decisions to allocate funding to a project are based on the following criteria:

The extent to which the project directly benefits the residents of the Shire of Ashburton

and promotes the region.

Funding and/or contributions from other sources.

Value for money.

Approval Process:

Approval of the funding for the event will not be confirmed or paid until the following year’s

budget is confirmed by Council.


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6. Council Initiated Donations to Schools

Amount: The Shire of Ashburton is committed to supporting local

schools and automatically makes an annual donation to each school, within its boundaries,

using the following calculation:

1. Base amount of $1,000

2. Plus $1.00 for each high school student (Includes Year 7 students)

3. Plus $0.70 for each primary school student (excludes Year 7 students)

4. Plus $0.20 for each pre-primary student.

5. Plus $0.20 for each kindergarten student.

Student numbers are calculated using figures from the Department of Education.

Funding Round: Donations are paid in May each year.

Other Requirements: Schools who receive a donation under this policy are also eligible to

apply for Small Assistance Donations and Community Support Grants.

7. Council Initiated Donations to Emergency Services Organisations

Amount: The Shire of Ashburton is committed to supporting local emergency management

organisations and automatically makes an annual donation of $1000 to each emergency

services brigade:

Funding Round: Donations are paid in May each year.

8. Council Initiated Contribution to Aboriginal Communities

Council may, through its annual budget, provide funds to meet the costs of:

Emergency Service Levies (as imposed by the State Government);

Aboriginal Community Annual Residential Rubbish Rates Charges (as imposed by

the Shire); and

Funds to assist Aboriginal Communities with refuse clean-ups where they meet

specific conditions.

9. Computers for Communities

The Shire offers computers and associated equipment such as monitors, keyboards, mouse,

etc. that have become redundant to any not for profit group or community club or association,

at no cost.

Funding Round: Applications will be advertised as equipment becomes available through this

scheme.

Who Can Apply: Incorporated and non-incorporated groups/clubs/organisations; local schools;

Emergency Services groups.

Who Is Ineligible to Apply: Applications that are not connected or concerned with the Shire of

Ashburton community.

Other Requirements: All equipment is offered without warranty or software. Recipients are

responsible for the collection of the equipment from the nominated Shire administration

building.

Approval Process: Shire Officers will assess the donation request and present to the Chief

Executive Officer for approval up to the maximum amount.


259

REC09 Australia Day WA Community Citizen of the Year

Aim

To outline the criteria for providing recognition of individuals and

organisations that have made noteworthy contributions to the

community of the Shire of Ashburton, through the Australia Day WA

Community Citizen of the Year Awards.



Nil

Principles Strategic Community Plan 2017 – 2027 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, Caring and Engaged Communities



Last Review 2016

Next Review 2020


OBJECTIVE

The Shire of Ashburton annually acknowledges citizens and groups who have made

noteworthy contributions or given outstanding service to the community, by presenting awards

on Australia Day in each of the four towns in the following four categories:

Community Citizen of the Year

Presented to an individual who has delivered outstanding service to his or her community.

Community Citizen of the Year (Senior)

Presented to an individual over 65 years of age, who has made an outstanding contribution to

the local community.

Community Citizen of the Year (Youth)

Presented to an individual under 25 years of age and who has delivered outstanding service

to his or her community.

Active Citizenship (Group/Event)

A group doing outstanding work or for an event staged in the community during the past year.

GUIDELINES AND SELECTION CRITERIA:

Award recipients will have been judged to have shown active citizenship and meet the

following eligibility criteria:


260

Nominees should be residents of the Shire of Ashburton; or

have coordinated a community event within the Shire of

Ashburton, or be members of a community group whose principal activities are

conducted within the Shire of Ashburton

A person cannot receive the same Award twice, but can be eligible to receive for

another Award

Sitting members of State, Federal and Local Government are not eligible to receive an

Award

Shire of Ashburton staff acting in their role or performing duties required by their

employment with the Shire are not eligible to receive an Award

Unsuccessful nominees may be nominated in future years

NOMINATION PROCEDURE:

Nominations are invited from community groups and private citizens via advertising and

promotions preceding the annual Australia Day ceremony held on 26 January. Nominations

will open and be advertised from October each calendar year, closing in November.

Nominations are to be submitted on the official Shire of Ashburton nomination form, available

at all Shire Offices and Website www.ashburton.wa.gov.au or by contacting Community

Development.

JUDGING PROCEDURES:

Judging panel will comprise of:

President, Shire of Ashburton

Local Ward Councillor(s)

Chief Executive Officer, Shire of Ashburton or their delegate

Nominators are excluded from the judging process, if this results in a panel member being

excluded, the member will be replaced by the Vice President.

All category winners of the Australia Day WA Citizen of the Year Awards will be judged from

the nominations received, according to the criteria published in the Australia Day WA Citizen

of the Year Award Guidelines each year.

PRESENTATIONS:

Awards are presented at the annual Australia Day ceremonies held on 26 January in each

Shire of Ashburton’s four town centres.

Award recipients will also be requested to participate in post-event publicity and promotions.



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DOC Version Control Register

Policy No Title Action Date of Ordinary Meeting of Council

ENG02 Access to Pastoral Properties

Rescinded and replaced with ENG13 Road Management

April 2017

ENG11 Major Projects Management

Rescinded 9 December 2015

FIN04 Buy Local Regional Price Preference Policy

Incorporated into FIN12 Purchasing Policy

21 November 2017

FIN14 Tender Assessment Policy


21 November 2017

FIN16 GRV Rating of Improvements on Mining Tenements and Petroleum Licence Sites Policy

Rescinded and superseded with FIN21 Rating Policy adopted OMC 21 November 2017

21 November 2017

FIN19 Panels of Pre-Qualified Suppliers


21 November 2017

ELM27 Legal Proceedings New Policy 23 October 2018

ADM06 Use of Shire of Ashburton Logo and Crest

Reviewed with no changes made

20 November 2018

ELM07 Conduct of Public Question Time


20 November 2018

ENG01 Street Lawns and Gardens


20 November 2018

ADM07 Strategic Media (Now ‘Communications & Social Media’)

Title from: Strategic Media to Communications & Social Media. Review changed to 2 years. Update to wording content around Social media and inclusion of ELM04 identifier.

20 November 2018

ELM06 Councillor Accommodation, Travel and Incidental Expenses Whilst on Council Business

Wording addition: Local Government Officers’ (Western Australia) Interim Award 2011.

20 November 2018

ELM08 Order of Business- Ordinary Council Meetings

Amendments under Item 9 in relation to ‘Committees’

20 November 2018

ELM10 Financial Sustainability Very minor changes to Long Term Financial Plan timeframe.

20 November 2018

ELM13 Affixing of the Shire of Ashburton Common Seal

Removal of the Common Seal Register Form

20 November 2018


262

ELM15 Elected Member Business Wear

Inclusion of Polo shirts including NAIDOC and Tie Pins.

20 November 2018

EMP24 Corporate Credit Card Minor wording addition to part (xi)

20 November 2018

ENG02 Temporary Road Closures

Minor wording addition 20 November 2018

ENG10 Guidelines for Urban Development

Minor amendments to Local Government Guideline Edition number

20 November 2018

FIN06 Significant Accounting Policy

Amendments to depreciation rates

20 November 2018

FIN07 Investment Policy Amendments to paragraph Counterparty Credit Framework.

20 November 2018

FIN09 Authorised Signatures for Cheque/Electronic Funds Transfer (EFT) Payments

Amendments to titles 20 November 2018

FIN13 Debtors Management Additions made to clause for Debtors with larger than $50,000 balance Amendments to timeframes

20 November 2018

FIN15 Rates Debt Recovery Amendments under – ‘Special Arrangement’, ‘Final. Notice’ and ‘Recovery Action.’

20 November 2018

ELM03 Recognition of Councillors and Citizens (including Commemorative Naming) New Title: ‘Recognition of Retiring Councilors’

Removal of Community Members recognition and retained as Recognition of Councillors in line with prescribed amounts as per legislation

20 November 2018

REC01 Consumption of Alcohol – Public Facilities

Significant changes to include leased properties.

20 November 2018

REC05 Community Leases and License Agreements of Shire Assets (Facilities, Buildings and Land

Significant changes to the policy in line with current requirements. Additional detail included for clarification and better public understanding.

20 November 2018

ELM25 EMACCESS Email Portal and Councillor Discussion Board

New Policy 20 November 2018

EMP16 Grievance Investigation and Resolution

Previously an internal Directive – New Policy

20 November 2018

EMP17 Occupational Health and Safety

Previously an internal Directive – New Policy

20 November 2018

ELM11 Integrated Planning Policy

Rescinded 20 November 2018


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ELM12 Workforce Planning and Management Policy

Rescinded 20 November 2018

ENG12 Private Works Policy Rescinded 20 November 2018

EMP37 Salary Sacrifice New Policy 18 December 2018

FIN12 Purchasing Policy Significant changes to the policy in line with current requirements of the Shire.

18 December 2018

FIN23 Disposal of Property (Other than Land)

New policy created to assist the organisation and public to better understand our legislative requirements when disposing of property other than land.

18 December 2018

REC08 Community Donations, Sponsorship and Funding Policy

Policy has been reviewed and significant amendments made to align with current budgets constraints and the requirements of the community.

18 December 2018

Document Control Statement

The electronic reference copy of this Policy is maintained by the Governance Department. Any

printed copy may not be up to date and you are advised to check the electronic copy on the

website to ensure that you have the current version. Alternatively, you may contact the

Governance Department at [email protected]
