Thursday 9 th April 2009 TO: THE MAYOR AND COUNCILLORS NOTICE OF ORDINARY MEETING You are notified that an Ordinary Meeting of Council will be held: DATE: Tuesday 14th April 2009 TIME: 9.30 ant PLACE: Council Chambers Melrose S R Cheriton Chief Executive Officer
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Tuesday 14th April 2009 TIME: 9.30 ant PLACE: Council C
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Thursday 9th April 2009
TO: THE MAYOR AND COUNCILLORS
NOTICE OF ORDINARY MEETING
You are notified that an Ordinary Meeting of Council will be held:
DATE: Tuesday 14th April 2009
TIME: 9.30 ant
PLACE: Council Chambers Melrose
S R Cheriton Chief Executive Officer
Agenda Report – 14th April 2009 2 COLOUR CODE REFERENCE 1. Present Dark Green 2. Apologies Dark Green 3. Prayer Dark Green 4. Deputations Dark Orange 5. Declaration of Interest Pink 6. Confirmation & Receival of Minutes Blue 7. Notice of Motion Yellow 8. Community Question Time Lilac 9. Mayor's Report Light Green 10. Councillor Communications Sand 11. Questions on Notice Gold 12. Questions without Notice Dark Green 13. Works Business Blue 14. Finance Business Yellow 15. Administration Matters Light Green 16. Correspondence Sand 17. Local Government Department & Associations Gold 18. Environmental Health Matters Dark Green 19. Planning & Development Matters Blue 20. Council Policies for Review & Adoption Yellow 21. Late Items & Reports Blue 22. Motion to Receive all Correspondence & Reports Light Green 23. Other Business & Close Sand
Agenda Report – 14th April 2009 3
DISTRICT COUNCIL OF MOUNT REMARKABLE
AGENDA FOR THE ORDINARY MEETING OF COUNCIL TO BE HELD ON TUESDAY 14th April 2009 IN THE COUNCIL CHAMBERS, MELROSE
COMMENCING AT 9.30 AM
No. Subject
1. Present 2. Apologies 3. Prayer 4. Deputations 5. Declaration of Interest 6. Confirmation & Receival of Minutes 6.1 Ordinary Meeting of Council - Meeting held 10th March 2009 6.2 Development Assessment Panel - Meeting held 10th March 2009 6.3 Occupational Health, Safety & Welfare Committee - Meeting held 18th March 2009 6.4 Southern Flinders Regional Tourism Authority - Meeting held 18th March 2009
6.5 Other Statutory Committees 6.5.1 Booleroo Centre Civic Centre Committee - Meeting held 26th February 2009 7. Notice of Motion 8. Community Question Time - 9.30 am to 10.00 am During this period, any member of the public can come into a Council Meeting and ask a question
of Council, without notice. 9. Mayor's Report 10. Councillor's Communications
10.1 Members Reports on Activities 11. Questions on Notice 11.1 Cr C.E. Nottle - 2020 Vision 12. Questions without Notice 13. Works Business 13.1 Business Arising from Previous Meeting 13.2 Works Correspondence 13.3 Works Manager's Report 13.4 Works Program Update 13.5 Truck Changeovers 13.6 General Works Business 14. Finance Business 14.1 Business Arising from Previous Meeting 14.2 Finance Correspondence
Agenda Report – 14th April 2009 4
14.3 Finance Report 14.3.1 Cash Flow Analysis - Updated Report 14.3.2 Budget Comparison Statement - Summary Level Detail 14.3.3 Melrose Caravan Park - Updated Financial Reports 14.3.4 Melrose Licensed Post Office - Updated Financial Report 14.3.5 Northern Passenger Transport Network - Updated Financial Report 14.3.6 2009 / 2010 Dog Registrations 14.3.7 CWM Schemes - Updated Financial Reports 15. Administration Matters 15.1 Business Arising from Previous Meeting 15.1.1 Action List - March 2009 Ordinary Meeting 15.1.2 Melrose Cycle Trails - Proposal 15.1.3 Wilmington CFS Station - Proposal
15.2 Chief Executive Officer's Report 15.2.1 Monthly Activities Report - May 2009 15.2.2 Weekly Communiqués - Since March Meeting 15.2.3 Wilmington Consultation - Forum Outcomes 15.2.4 Wilmington CWA Building - Memorandum of Transfer
15.4 Community and Economic Development Officer’s Report - Monthly Report
15.5 be active Field Officer - Monthly Report
15.6 Other Administration Reports 15.6.1 Hall Separate Rate - Continuation 16. Correspondence
16.1 Hon Anthony Albanese MP - Roads to Recovery 3 16.2 Boundary Adjustment Facilitation Panel - Proposal Decision 16.3 Précis of Correspondence - March 2009
17. Local Government Department and Associations 17.1 LGA Circular 11.4 - Regional Development Australia 17.2 LGA Circular 12.5 - NRM Levy Report 17.3 LGA Circular 13.9 - Electoral (Miscellaneous) Amendment Bill 17.4 LGA Circular 14.5 - New Members Survey & Report 17.5 LGA Circular 14.7 - Expiation of Offences (Independent Review) Amendment Bill 2009 17.6 LGA Circular 15.1 - Fraud & Corruption Framework Policies 18. Environmental Health Matters 19. Planning & Development Matters 19.1 Development Applications - Monthly Activity List 19.2 Development Approvals Report - MTD & YTD Details 20. Council Policies for Review & Adoption 21. Late Items & Reports 22. Motion to Receive all Correspondence & Reports 23. Other Business Close
Agenda Report – 14th April 2009 5
DISTRICT COUNCIL OF MOUNT REMARKABLE
AGENDA REPORT FOR THE ORDINARY MEETING OF COUNCIL TO BE HELD ON TUESDAY 14TH APRIL 2009 IN THE COUNCIL CHAMBERS, MELROSE
COMMENCING AT 9.30 AM Legend: indicates attachment
indicates recommendation indicates Council action required
1. PRESENT: 2. APOLOGIES: Cr PR Kretschmer
Recommendation: That the apology from Cr PR Kretschmer be received.
~~ Options: ~~
(i) Cr / Cr
(ii) Cr / Cr
3. PRAYER: 4. DEPUTATIONS:
2.00 pm Mr David Pearce South Australia’s Marine Parks Network 5. DECLARATION OF INTEREST:
Agenda Report – 14th April 2009 66. CONFIRMATION AND RECEIVAL OF MINUTES:
6.1 ORDINARY MEETING OF COUNCIL
Subject: Meeting held 10th March 2009 Report By: Executive Assistant Report Date: 20/03/2009 File Reference: No File Action: Yes Attachments: Yes
A copy of the Minutes are attached for the reference of Elected Members.
Recommendation: That the Minutes of the Ordinary Meeting of Council held on 10th March 2009 as circulated, be taken as read and confirmed.
~~ Options: ~~
(i) Cr / Cr
(ii) Cr / Cr
Minutes – 10th March 2009
7780
DISTRICT COUNCIL OF MOUNT REMARKABLE
MINUTES OF THE ORDINARY MEETING OF COUNCIL HELD ON TUESDAY 10TH MARCH 2009
IN THE COUNCIL CHAMBERS, MELROSE COMMENCING AT 9.30 AM
1. PRESENT: CR TC ROOCKE (MAYOR); CRS PR KRETSCHMER; GA LEUE; WE HODGSON; CE NOTTLE & MS PEARCE.
MR SR CHERITON (Chief Executive Officer); MR GA PRICE (Manager Administration Services); MR GP COWIN (Acting Works Manager); MRS CH JACOBS (Executive Assistant).
2. APOLOGIES: CR MA STOREY
That the apology from Cr MA Storey be received. MS Pearce / GA Leue
CARRIED [027.2009]
PRAYER: THE LORD’S PRAYER WAS PRAYED
4. DEPUTATIONS: Nil
5. DECLARATION OF INTEREST: Nil
6. CONFIRMATION AND RECEIVAL OF MINUTES:
6.1 ORDINARY MEETING OF COUNCIL - Meeting held 10th February 2009
That the Minutes of the Ordinary Meeting of Council held on 10th February 2009 as circulated, be taken as read and confirmed.
MS Pearce / PR Kretschmer CARRIED
[028.2009]
6.2 DEVELOPMENT ASSESSMENT PANEL - Meeting held 10th February 2009
That the Minutes of the Development Assessment Panel Meeting held on 10th February 2009 as circulated and tabled, be received.
WE Hodgson / MS Pearce CARRIED
[029.2009]
6.3 MELROSE CARAVAN PARK MANAGEMENT COMMITTEE - Meeting held 25th February 2009
That the Minutes of the Melrose Caravan Park Management Committee Meeting held on 25th February 2009 as circulated and tabled, be received.
MS Pearce / PR Kretschmer CARRIED
[030.2009]
6.4 SOUTHERN FLINDERS REGIONAL TOURISM AUTHORITY - Meeting held 18th February 2009
That the Minutes of the Southern Flinders Regional Tourism Authority Meeting held on 18th February 2009 as circulated and tabled, be received.
MS Pearce / PR Kretschmer CARRIED
[031.2009]
Minutes – 10th March 2009
7781
6.5 OTHER STATUTORY COMMITTEES - Various Minutes
6.5.1 Wirrabara Institute Committee - Meeting held 1st February 2009
That the Minutes of the Wirrabara Institute Committee Meeting held 1st February 2009, as circulated and tabled, be received.
PR Kretschmer / CE Nottle CARRIED
[032.2009]
7. NOTICE OF MOTION:
7.1 CR C.E. NOTTLE - Notice of Rescission Motion
That Council recind the motion that we send a letter of support to Northern Areas Council request of the Peterborough Booleroo via Tarcowie Road. Late Item 18.2 10/2/09 Monthly Meeting.
CE Nottle / PR Kretschmer LOST
[033.2009]
8. COMMUNITY QUESTION TIME:
Questions were asked and responses provided.
9. MAYOR'S REPORT:
The Mayor’s Report provided an outline of functions and meetings attended since the last Meeting of Council.
10. COUNCILLOR'S COMMUNICATIONS:
10.1 MEMBER'S REPORTS ON ACTIVITIES
Elected Members advised of functions and meetings attended since the last Meeting of Council.
11. QUESTIONS ON NOTICE: Nil
12. QUESTIONS WITHOUT NOTICE:
Questions were asked and responses provided.
13. WORKS BUSINESS:
13.1 BUSINESS ARISING FROM PREVIOUS MEETING
13.1.1 SECOND STREET, PORT GERMEIN - Project Status
The Agenda Report outlined the need for Council to provide clarification in respect of the Budgeted project for the sealing of Second Street in Port Germein.
Council confirmed that the Budgeted project would be undertaken and that the Ward Councillors and the Acting Works Manager would meet on site to discuss the details of the work to be undertaken.
13.2 WORKS CORRESPONDENCE Nil
13.3 ACTING WORKS MANAGER'S REPORT
The Agenda Report provided an update on works undertaken since the last Meeting of Council.
Minutes – 10th March 2009
7782
13.4 GENERAL WORKS BUSINESS
Matters were raised and discussed with the Acting Works Manager.
14. FINANCE BUSINESS:
14.1 BUSINESS ARISING FROM PREVIOUS MEETING
14.1.1 COMMUNITY ASSISTANCE GRANTS - Remaining Applications To Be Considered
Council considered further applications for the 2008 / 2009 Community Assistance Grants program.
That Council approve the following Community Assistance Grant allocations for the 2008 / 2009 financial year: Southern Flinders Rough Riders Powering Up $1,200 BMW Netball Club BMW Netball Club Improving their Communications $800 Weeroona Island Progress Assoc Barbeque $2,000 Port Germein Progress Assoc Port Germein Memorial Trees – Plaque Project $2,000 Hammond Hall Committee New Curtains for Stage $655 Appila Tennis Club Appila Toilet & Change Room Facility $780 Murray Town Tennis Club Improve the Comfort of the Shelter Shed at Tennis Courts $780 Rocky River Pistol Club Purchase Rainwater Tank $780 and,
That Council provide the Port Flinders Development Association with $1,150 from the Parks and Gardens Budget line to upgrade the barbeque on Range View Reserve.
PR Kretschmer / GE Leue CARRIED
[034.2009]
14.1.2 COMMUNITY ASSISTANCE GRANTS - Grants Allocated Over Last 5 Years
The Agenda Report provided a list of Community Assistance Grants that had been allocated over the last 5 years.
The Agenda Report provided background information regarding the audit requirements of Incorporated Associations under the Associations Incorporation Act.
That it be a requirement for all Groups and Clubs applying for Community Assistance Grants to have their financial records and statements checked by a person:- who is not a member of that organisation; and has financial experience acceptable to Council (eg person with financial
qualifications or background); and who is approved or qualified in accordance with the Constitution of the respective
organisation. MS Pearce / PR Kretschmer
CARRIED [035.2009]
15.1.3 WILMINGTON PARKLANDS - Lease Request
The Agenda Report advised Council that Optus had reconsidered its proposal to utilise the Wilmington Parklands as a site for its proposed communications tower and that an alternate site had been secured. NOTED
That the Meeting be adjourned for morning tea. CE Nottle / MS Pearce
CARRIED [036.2009]
10.25 am Meeting adjourned for morning tea.
10.50 am Meeting resumed.
15.2 CHIEF EXECUTIVE OFFICER'S REPORT
15.2.1 MONTHLY ACTIVITIES REPORT - February 2009 NOTED
15.2.2 WEEKLY COMMUNIQUÉS - Since February Meeting
That Council continue with the production and distribution of a weekly communiqué for Elected Members.
CE Nottle / PR Kretschmer CARRIED
[037.2009]
15.2.3 TELSTRA PAYPHONE SERVICES - Removal of Services
The Agenda Report outlined the included correspondence from Mr Ian Dall, Optimisation Manager with Telstra Payphone Services, advising Council of a review of payphones that is being undertaken in this Council area which has indicated that the payphones at Appila, Hammond, Murray Town, Willowie and Bruce were not commercially viable and had been identified for possible removal.
It was AGREED that Council communicate with the appropriate Community organisations within each of the affected townships to ascertain Community views.
15.3 MANAGER ADMINISTRATION SERVICES’ REPORT
15.3.1 MONTHLY ACTIVITIES REPORT - February 2009 NOTED
15.3.2 FLINDERS RANGES & OUTBACK SA INTEGRATED REGIONAL STRATEGIC TOURISM PLAN - Minutes of Meeting Held 20th January 2009
NOTED
Minutes – 10th March 2009
7784
15.4 COMMUNITY AND ECONOMIC DEVELOPMENT OFFICER
15.4.1 GENERAL REPORT - February 2009 NOTED
15.5 BE ACTIVE FIELD OFFICER
15.5.1 MONTHLY REPORT - February 2009 NOTED
16. CORRESPONDENCE:
16.1 MID NORTH HEALTH SERVICES INC. - Member to Health Advisory Council
The correspondence from Mr Roger Kirchner, Director of Mid North Health Services, sought a nomination from Council for the position on the Mid North Health Advisory Council specifically made available for a Local Government member.
NOTED
16.2 PRÉCIS OF CORRESPONDENCE - February 2009 NOTED
17. LOCAL GOVERNMENT DEPARTMENT AND ASSOCIATIONS:
17.1 LGA CIRCULAR 6.1 - Review of LGA Constitution (Re-tabled)
The Circular from the Local Government Association of South Australia advised Council of the comprehensive review being undertaken of the LGA Constitution.
Council considered the matters raised within the Discussion Paper and the Chief Executive Officer will provide comment to the Local Government Association of South Australia.
The Circular from the Local Government Association of South Australia advised Council of the current review of the Emergency Management Act 2004. NOTED
17.3 LOCAL GOVERNMENT ASSOCIATION OF SA - Election of LGA President
The correspondence from Ms Wendy Campana, Returning Officer with the Local Government Association of South Australia for the election of the LGA President, advised Council of the voting procedure for the election and included the necessary ballot papers and other materials.
That Council vote for Mayor Miriam Smith in the election for the position of President of the Local Government Association of South Australia.
MS Pearce / PR Kretschmer CARRIED
[038.2009]
18. ENVIRONMENTAL HEALTH MATTERS: Nil
19. PLANNING & DEVELOPMENT MATTERS:
19.1 DEVELOPMENT APPLICATIONS - Monthly Activity List NOTED
19.2 DEVELOPMENT APPROVALS REPORT - MTD & YTD Details NOTED
20. COUNCIL POLICIES FOR REVIEW AND ADOPTION: Nil
21. LATE ITEMS & REPORTS: Nil
Minutes – 10th March 2009
7785
22. REPORTS AND CORRESPONDENCE - Receiving of All
That Reports and Correspondence as listed in: 6. MAYOR'S REPORT 7. COUNCILLOR'S COMMUNICATIONS 10. WORKS BUSINESS 11. FINANCE BUSINESS 12. ADMINISTRATION MATTERS 13. CORRESPONDENCE 14. LOCAL GOVERNMENT DEPARTMENTS AND ASSOCIATIONS 15. ENVIRONMENTAL HEALTH MATTERS 16. PLANNING & DEVELOPMENT MATTERS 17. POLICIES FOR REVIEW & ADOPTION 18. LATE ITEMS & REPORTS be received.
MS Pearce / WE Hodgson CARRIED
[039.2009]
23. OTHER BUSINESS:
Cr Hodgson Asked about the status of outstanding Works projects and the requirement to have money from the Federal Government Stimulus Scheme spent prior to the end of the financial year.
That Council assess all outstanding Works projects that have moneys allocated in this financial year’s budget and where it is anticipated that due to time restraints these projects may not be completed by the end of the financial year, Council consider employing contractor(s) to finalise these projects which will also help employment within the Council area.
WE Hodgson / MS Pearce CARRIED
[040.2009]
CEO Provided Elected Members with an update on processes associated with the recruitment of a new Works Manager.
CLOSE: MEETING CLOSED AT 11.38 AM
CONFIRMATION: MINUTES CONFIRMED AT THE ORDINARY MEETING OF COUNCIL HELD ON 14TH APRIL 2009
…………………………………
MAYOR
Agenda Report – 14th April 2009 76. CONFIRMATION AND RECEIVAL OF MINUTES (CONT.):
6.2 DEVELOPMENT ASSESSMENT PANEL
Subject: Meeting held 10th March 2009 Report By: Building, Planning & Administration Assistant Report Date: 11/03/2009 File Reference: No File Action: Yes Attachments: Yes
A copy of the Minutes from this Meeting are attached for the reference of Elected Members.
Recommendation: That the Minutes of the Development Assessment Panel Meeting held on 10th March 2009 as circulated and tabled, be received.
~~Options:~~
(i) Cr / Cr
(ii) Cr / Cr
DAP Minutes – March 2009 246
DISTRICT COUNCIL OF MOUNT REMARKABLE
MINUTES OF THE DEVELOPMENT ASSESSMENT PANEL HELD ON TUESDAY 10th MARCH 2009,
IN THE COUNCIL CHAMBERS, MELROSE COMMENCING AT 11.43 AM
1. PRESENT: Mr TC Roocke (Chairperson); Mr MS Pearce, Mr WE Hodgson & Mr PR Kretschmer;
Mr SR Cheriton (Chief Executive Officer); Mr GA Price (Manager Administration Services) & Ms AL Frick (Building, Planning & Administration Assistant).
2. APOLOGIES: Nil 3. CONFIRMATION OF MINUTES 3.1 MINUTES OF DEVELOPMENT ASSESSMENT PANEL HELD ON 10TH FEBRUARY
2009
That the Minutes of the Development Assessment Panel held on 10th February 2009, be taken as read and confirmed.
Mr Pearce / Mr Kretschmer CARRIED
[004.2009] 4. BUSINESS:
4.1 DEVELOPMENT NUMBER: 830/D017/08
Applicant: Jamie McCallum Proposal: Land Division – 1 allotment into 2 Land: Sect 328 Hd Gregory Zone: Rural The Agenda Report advised of the proposal to divide an existing allotment to create an additional allotment comprising approximately 4.59 hectares in order to accommodate an existing dwelling and associated outbuildings located off Abbotts Road. The balance allotment which will remain in farming use will have an area of around 246.72 hectares. A copy of the agent’s supporting letter was circulated with the Agenda. The Agenda Report further advised of the Application and detailed the assessment of the proposal against the applicable Development Plan Principles.
DAP Minutes – March 2009 247
That pursuant to Section 33(1)(a) and (c) of the Development Act 1993 the application for land division DA 830/D017/08 – Sect 328 Hd Gregory - Abbotts Road, Melrose – Jamie McCallum - be approved subject to the following conditions: Requirements of Development Assessment Commission 1. A copy of certified survey plan shall be lodged for Certificate purposes. Conditions of Council 2. NUMBERING – UNIQUE IDENTIFICATION
That the allotments resulting from the division be renumbered 468 & 469. REASON: To maintain unique identification in the numbering system within the Hd Gregory.
Mr Pearce / Mr Hodgson CARRIED
[005.2009]
4.2 DEVELOPMENT NUMBER: 830/0001/09
Applicant: Matt Modystach Proposal: Colorbond Shed 16m x 12.2m x 3.2m Land: Lot 231 FP33338, Third Street, Wilmington Zone: Country Township
A Planning Report by Tom Hateley of Access Planning (SA) Pty Ltd was circulated with the
Agenda.
That Development Plan Consent be granted, to the applicant, Mr Matt Modystach in respect to DA 830/0001/09 for the construction of a shed at Lot 231 Third Street, Wilmington; subject to the following conditions; as it is generally in accord with Council’s Development Plan: 1. The applicant shall proceed strictly in accordance with the proposal plan dated 14/12/08
submitted and conditions imposed by this consent. Mr Kretschmer / Mr Pearce
CARRIED [006.2009]
4.3 DEVELOPMENT NUMBER: 830/0005/09
Applicant: Paul Bywater & Ann Thrift Proposal: Colorbond Shed 18m x 9m x 3m Land: Lot 259, Sixth Street, Port Germein Zone: Township (Port Germein)
A Planning Report by Andrew Chown of Access Planning (SA) Pty Ltd was circulated with the
Agenda.
That Development Plan Consent be granted to application number 830/0005/09 for the construction of a shed at 24 (Lot 259) Sixth Street, Port Germein, subject to the following conditions: 1. The applicant shall proceed strictly in accordance with the proposal plans submitted to
Council on the 21st January 2009, and conditions imposed by this consent. 2. Prior to Development Consent, the applicant shall provide Council with details of the
finished floor levels and proposed stormwater disposal from the shed. 3. The shed shall be constructed of colorbond steel in classic cream colour.
Mr Hodgson / Mr Kretschmer CARRIED
[007.2009]
DAP Minutes – March 2009 248
4.4 DEVELOPMENT NUMBER: 830/D002/09 Applicant: Scott Herde Proposal: Land Division – Boundary Realignment Land: Sects 53, 54, 56 & 57 Hd Woolundunga Zone: Rural
The Agenda Report advised of the proposal to divide an existing allotment to rearrange current allotment boundaries between four existing properties in order to facilitate more efficient and viable primary production units that better suit the owner. This leads to allotments ranging in size from 60.36ha to 513.3ha The property is located about 8 kilometres east of Stirling North at the base of the Ranges. The Agenda Report further advised of the Application and detailed the assessment of the proposal against the applicable Development Plan Principles. The Chief Executive Officer outlined matters associated with the Catninga Road and previous road opening processes that had been undertaken by Council.
That pursuant to Section 33(1)(a) and (c) of the Development Act 1993 the application for land division DA 830/D002/09 – Sec 53, 54, 56 & 57 Hd Woolundunga – Woolundunga Road –Scott Herde be approved subject to the following conditions: Requirements of Development Assessment Commission 1. The financial requirements of the SA Water Corporation shall be met for the provision of
water supply (SA Water 00190/09). SA Water Corporation further advise that all internal water pipe-work that cross allotment
boundaries would be required to be severed, such that the pipe-work relating to each allotment is contained within its boundaries.
2. A copy of a certified survey plan shall be lodged for Certificate purposes.
Conditions of Council 1. NUMBERING – UNIQUE IDENTIFICATION
That the allotments resulting from the division be renumbered 617, 618, 619 & 620. REASON: To maintain unique identification in the numbering system within the Hd Woolundunga.
2. That the applicant, owner(s) and any subsequent owner(s) agreeing that at such time as may be required in the future, and at Council’s request, that they will gift the 20 metre easement to Council for formal opening as a public road.
Note: The Native Vegetation Council Secretariat advises that it has no objections to the land division, however the applicant should be made aware that the approval of the Native Vegetation Council is required for any clearance that is not exempt under the Native Vegetation Regulations 2003.
Mr Pearce / Mr Hodgson CARRIED
[008.2009]
DAP Minutes – March 2009 249
4.5 DEVELOPMENT NUMBER: 830/D008/07
Applicant: Pamela Crocker Proposal: Land Division – 1 allotment into 3 Land: Lot 92 FP213378, South Flinders Esplanade, Port Flinders Zone: Holiday House Zone The Agenda Report advised of the proposal to divide an existing allotment into a three new allotments, all being just over 1,900 square metres in area (range in allotment size is 1,917 square metres to 1,977 square metres). All allotments will have access from both South Flinders Esplanade and Mount Ferguson Drive. The Agenda Report further advised of the Application and detailed the assessment of the proposal against the applicable Development Plan Principles. That pursuant to Section 33(1)(a) and (c) of the Development Act 1993 the application for land division DA 830/D008/07 – Lot 92 FP213378, South Flinders Esplanade & Mount Ferguson Drive, Port Flinders – Pamela Crocker be approved subject to the following conditions: Requirements of Development Assessment Commission 1. Payment of $4,810 into the Planning and Development fund (2 allotments @ $2,405 per
allotment). Cheques shall be made payable and marked ‘Not Negotiable’ to the Development Assessment Commission and payment made on the 5th Floor, Roma Mitchell House, 136 North Terrace, Adelaide, or sent to GPO Box 1815, Adelaide, 5001 or via the internet at www.edala.sa.gov.au.
2. A copy of a certified survey plan shall be lodged for Certificate purposes. Conditions of Council 1. NUMBERING - UNIQUE IDENTIFICATION That the allotments resultant from the division be renumbered 355, 356 & 357. REASON: To maintain unique identification in the numbering system within Port Flinders. 2. Native vegetation to be retained where possible for purpose of controlling water run-off
from the land. 3. The financial, augmentation and contractual requirements of the District Council of Mount
Remarkable for the Port Flinders Water Supply being met for the provision of water supply.
Any such required easements shall be granted to the District Council of Mount Remarkable
free of cost. Mr Kretschmer / Mr Pearce
CARRIED [009.2009]
DAP Minutes – March 2009 250
5. GENERAL BUSINESS Mr Pearce enquired how the establishment of the Regional Development Assessment Panel was proceeding. The Chief Executive Officer advised that The Flinders Ranges Council has applied to the Minister for a further 6 month exemption.
CLOSE: THE MEETING CLOSED AT 11.52 AM
CONFIRMATION: MINUTES CONFIRMED AT MEETING HELD ON 2009
………………………….
Agenda Report – 14th April 2009 86. CONFIRMATION AND RECEIVAL OF MINUTES (CONT.):
Subject: Meeting held 18th March 2009 Report By: Building, Planning & Administration Assistant Report Date: 25/03/2009 File Reference: No File Action: Yes Attachments: Yes
A copy of the Minutes from this Meeting are attached for the information and reference of Elected Members.
Recommendation:
That the Minutes of the Occupational Health, Safety & Welfare Committee Meeting held on 18th March 2009 as circulated and tabled, be received.
~~Options:~~
(i) Cr / Cr
(ii) Cr / Cr
OHS&W Meeting Minutes – 18th March 2009 55
DISTRICT COUNCIL OF MOUNT REMARKABLE
MINUTES OF THE ORDINARY MEETING OF THE
OCCUPATIONAL HEALTH, SAFETY & WELFARE COMMITTEE HELD ON WEDNESDAY 18TH MARCH 2009 IN THE COUNCIL CHAMBERS, MELROSE
COMMENCING AT 8.07AM 1. PRESENT: Craig Mudge (Admin Workplace Representative) [Chairperson]; Gregory Cowin (Acting Works Manager); Sean Cheriton (Chief Executive Officer); Geoff Price (Manager Administration Services); Ann Frick (Admin Health & Safety Representative & OHS&W Coordinator); Dean Keller (Works Health & Safety Representative); David Prosser (Works Workplace Representative) & Kace King (Regional Risk Coordinator). 2. APOLOGIES Robert Robinson (Proxy – Works) 3. CONFIRMATION OF MINUTES
3.1 MINUTES OF OCCUPATIONAL HEALTH, SAFETY & WELFARE COMMITTEE HELD ON 10th DECEMBER 2008
That the Minutes of the Occupational Health, Safety & Welfare Committee held on 10th
December 2008, be taken as read and confirmed. Greg Cowin / Geoff Price
CARRIED [001.2009]
4. BUSINESS ARISING: Nil
5. ACCIDENT REPORTS & STATISTICS 5.1 CATS Statistics CAT Statistics were discussed for the periods of December 2008, January & February
2009. It was noted that this Council was going very well for this reporting cycling. 5.2 Depot & Office Inspections
Dean Keller reported on the Depot Inspection conducted on 3rd March 2009. It was noted that the Chainsaw MS250 required servicing and that this would be taken to Port Pirie shortly.
OHS&W Meeting Minutes – 18th March 2009 56
Sean Cheriton reported on the Office Inspection that Ann Frick conducted on 12th March 2009. It was noted that the Front Reception area lighting had been rectified by the installation of mirrorlux deflectors and Quad phosphor fluros. Testing had been conducted at different times of the day and results have been in the acceptable standards for the type of work conducted.
5.3 Incident Register Incident Register will be circulated with the Minutes of the Meeting. 5.4 Reporting of Incidents Circulated with the Agenda were notes from the Chief Executive Officer highlighting a
number of deficiencies in a recent incident report. Discussion on the incident occurred and it was noted that several changes have been
made to the Safe Work Procedure (SWP) and a spray has been fitted to the Freightliner. It was suggested that the Risk Assessment be changed to include sparks.
It was AGREED that the incident be tabled at each Workgroup Meeting for discussion
on the processes of reporting such an incident and that at the 8.30am Isolated Workers Call, the Works Manager (or Acting Works Manager) and isolated workers be advised if it is a Total Fire Ban Day.
6. OHS&W PROGRAM – REVIEW 6.1 Actions Register The Actions Register was briefly reviewed by the Committee Members advising of
completed actions and their completion dates. 6.2 KPI Monitoring With ‘One System’ being rolled with the LGA WCS, KPI Monitoring will be placed on
hold until new spreadsheets have been developed from the Scheme. NOTED
6.3 2009 OHS&W Program Circulated with the Agenda was a draft 2009 OHS&W Program for consideration by
Members. That the 2009 OHS&W Program as circulated be adopted.
Ann Frick / Dean Keller CARRIED
[002.2009]
6.4 Objectives and KPI’s for 2009 OHS&W Program
Circulated with the Agenda was targets and KPI’s for the 2009 Program. That the 2009 OHS&W Program Objectives and KPI’s as circulated be adopted.
Ann Frick / Greg Cowin CARRIED
[003.2009]
OHS&W Meeting Minutes – 18th March 2009 57
6.5 OHS&W Yearly System Review Circulated with the Agenda was a Report for the period of 1st July 2007 to 31st
December 2008. It was noted that the 18 month period is to bring the reporting period into line with the
calendar year program. NOTED
7. CORRESPONDENCE
7.1 LGA Circular 51.3 – OHS Accreditation for Commonwealth Funded Projects Contractors undertaking projects for Councils involving more than $5m of
Commonwealth Government funding must have OHS Accreditation as required by the Building and Construction Industry Improvement Act 2005. This is also a condition of funding agreements with the Commonwealth. The LGA is seeking Council assistance to ensure contractors who undertake such work for Councils are made aware of these requirements and register for Accreditation under the Australian Government’s OHS Accreditation Scheme.
NOTED 7.2 WorkCover Self Insurance Evaluation Two (2) letters from Wendy Campana and Gary Okley of the Local Government
Association of South Australia regarding the WorkCover Self Insurance Evaluation were circulated with the Agenda.
NOTED
Sean Cheriton discussed the Council ‘talk’ regarding the penalty of $36,000 and the licence renewal of 3 years – why each Council couldn’t pay the penalty as a group (just over $500 each) to keep a 1 year licence.
7.3 LGA Mutual Liability Scheme Advice from the LGA Mutual Liability Scheme that the Board has adopted two key
strategies in the 2008 / 2009 period. These were: Provide a ‘Special Distribution’ of $1.9 million which is to be shared by all
Councils and reflects the long term support of all Councils. This Council has received $5,957.
Establishment of a Development Fund to consider future value added services that assist Local Government to manage their civil liability exposures.
NOTED 8. TRAINING, COMMUNICATION AND PROMOTION
8.1 Training Report As the LGS Server was down, a report of training undertaken since last Meeting will be
circulated at a later date.
OHS&W Meeting Minutes – 18th March 2009 58
8.2 Consultative Meetings Since the last OHS&W Meeting in December, the following Consultative Meetings
have been held: Administration – 11th December 2008, 8th January 2009, 22nd January 2009 & 11th
February 2009 Depot – 22nd January 2009, 28th January 2009 & 11th February 2009.
NOTED 8.3 OHS&W Courses 2009 Circulated with the Agenda was information relating to different training providers
course dates for 2009: Jobsafe SA & SA Unions NOTED
Kace King advised of a new training provider from WA who are still trying to get
accreditation in SA. 9 POLICIES & PROCEDURES
9.1 Plant, Process & Workplace Risk Assessments
The following Risk Assessments have been undertaken since the last meeting: Plant Photocopier Sharp MX-M550U updated Hazardous Substances – Nil
NOTED
9.2 Safe Work Procedures The following Safe Work Procedures have been reviewed since the last Meeting: 121 Shredder 422 Rock Buster and Hammer Change 405 Fine Cut & Slasher Mowers 407 Skid Steer 408 Forklift Operation (Licensed) 409 Concrete Mixer 410 Tractor Operation
NOTED
9.3 Non-Smoking Policy & Drugs & Alcohol Survey Circulated with Agenda was a survey which was conducted with employees during
January 2009 with responses closing on Friday 6th February 2009. A collated response report was also circulated with the Agenda.
Current copies of the Non-Smoking & Drugs & Alcohol Policies were also circulated
with the Agenda for Members. Discussion occurred on the survey results, particularly the lack of responses from Staff. It was AGREED that another survey be conducted in 12 months and that the policies remain as is.
OHS&W Meeting Minutes – 18th March 2009 59
9.4 Policy Review The following Policies were circulated for Staff comment following the last meeting:
Inclement Weather & Skin Cancer Policy – Procedure Sect 3 No 8 Occupational Noise Control Policy Sect 3 No 14 Inspection – Hazard Control Policy & Procedure Sect 6 No 7 Management of Workplace Hazardous Substances Sect 6 No 9 The closing date for any submissions was set for Monday 9th March 2009 and only grammar and formatting errors were suggested by Staff. That the following policies, as tabled, be adopted: Inclement Weather & Skin Cancer Policy – Procedure Sect 3 No 8 Occupational Noise Control Policy Sect 3 No 14 Inspection – Hazard Control Policy & Procedure Sect 6 No 7 Management of Workplace Hazardous Substances Sect 6 No 9
Greg Cowin / David Prosser CARRIED
[004.2009]
9.5 Document Control Policy Circulated at the Meeting was a proposed Document Control Policy. It was AGREED that the Policy be circulated for consultation with Staff.
(KPI) Systems Audit Circulated with the Agenda was a copy of the KPI Audit Report that was conducted in
November 2008. This Council achieved a score of 90% but with a non-compliant item completed just this
week, this will achieve 91% and therefore a full rebate. NOTED
11.2 SA Dangerous Goods Regulations Advice from Kace King that the SA Dangerous Goods Regulations came into effect on
1st January 2009. Affected Councils have until December 2009 to effectively implement.
NOTED 11.3 Injury Management Kits Advice from Kace King that attachments included in the Injury Management Kits have
been updated and available on the LGA website. NOTED
It was noted that Staff are in the process of updating prepared kits.
OHS&W Meeting Minutes – 18th March 2009 60
11.4 WorkCover Legislation Changes Advice from Rob Edwards, Divisional Manager – Workers Compensation Scheme that
new WorkCover Claim Forms have been released.
Also circulated was a brochure issued by WorkCover titled ‘A Guide to the January 2009 Changes’ which outlines in brief, all the amendments effective from 1st January 2009.
NOTED 11.5 OHS Alert SA Case Advice from Kace King of an interesting SA OHS Alert Case involving contractors.
NOTED 11.6 OHS Alert Article: Two employers that Relied on Contractors Fined Advice from Kace King reinforcing the importance of effective contractor management
systems. NOTED
11.7 Changes to AS1742.3 & Workzone Traffic Management Details from Kace King regarding changes to Australian Standard 1724.3 Manual of
Uniform Traffic Control Devices and subsequent changes to Workzone Traffic Management setup.
NOTED
Kace King also advised that he is liaising with Department of Transport, Energy & Infrastructure to conduct regional training sessions with Council Staff and contractors.
NOTED 11.8 Changes to Licensing for High Risk Work SafeWork SA Information Sheet via Kace King on the changes to licensing for high risk
work. NOTED
Following discussion on implications for this Council, it was AGREED that Kace King
follow up further with SafeWork SA. 11.9 Workplace Fatality at Port Pirie Advice of fatality that occurred on Saturday 28th February 2009 at Port Pirie involving a
volunteer. NOTED
12. GENERAL BUSINESS
12.1 Inspections Inspections have been conducted by:
Supplier What Tested Date Comments Gunyah Electrical
Electrical Testing & Tagging
12/12/2008
Chubb Fire Fire Extinguishers 9/1/2009
OHS&W Meeting Minutes – 18th March 2009 61
12.2 Playgrounds During Heat Circulated with the Agenda was an extract from the Northern Argus dated 14th January
2009, regarding an incident with a toddler sustaining third degree burns from playground equipment at Clare.
It was AGREED that Council staff investigate the possibility of erecting signage at all Council playgrounds.
12.3 Other General Business
12.3.1 Sacktruck David Prosser enquired if it was possible to purchase a sacktruck for the Depot.
Greg Cowin advised that a sacktruck has just been purchased in the past month, however requires a SWP and risk assessment to be conducted.
12.3.2 Fire Extinguisher Contractor Sean Cheriton provided an update on a Shared Services initiative to utilise a contractor firm for the maintenance of Council’s fire extinguishers and the training of staff in the use of such.
12.3.3 Testing and Tagging of Electrical Equipment Discussion occurred on the use of a trained staff member undertaking testing and tagging of electrical equipment – perhaps DC Peterborough are able to assist.
12.3.4 Port Germein Jetty
Geoff Price advised that he is investigating further options for the safe lowering and rising of the Port Germein Jetty solar lights which is cost effective and safe.
13. CLOSE 10.02am 14. NEXT MEETING – 17th June 2009 at 8.00am CONFIRMATION: MINUTES CONFIRMED AT MEETING HELD ON 17TH JUNE 2009
………………………. CHAIRPERSON
Agenda Report – 14th April 2009 96. CONFIRMATION AND RECEIVAL OF MINUTES (CONT.):
A copy of the Minutes from this Meeting are attached for the reference and information of Elected Members.
Also attached are copies of the Tourism Development Officer’s Report and Income and
Expenditure Statement presented to the Meeting.
Recommendation: That the Minutes of the Southern Flinders Regional Tourism Authority Meeting held on 18th March 2009 as circulated and tabled, be received.
~~Options:~~
(i) Cr / Cr
(ii) Cr / Cr
SOUTHERN FLINDERS REGIONAL TOURISM AUTHORITY 85 Ellen Street, Port Pirie SA 5540 Phone: (08) 8632 5633
Minutes of the Meeting of the Southern Flinders Regional Tourism Authority
held Wednesday 18th March 2009 at the Sporting Complex, Booleroo
commencing at 3.05 pm
1.0 WELCOME The meeting started at 3.05pm with a 30 minute tour of the Steam and Traction Museum. Guide for the tour was Mr Ian McCallum. After the tour members made their way to the Sporting Complex to continue with the Meeting Agenda. The Chairman opened the meeting at 3.40pm, welcomed all in attendance and thanked Mr McCallum for the Museum tour.
2.0 PRESENT / APOLOGIES
Present Cr. Mike Pearce (Chair), Cr. Paul Kretschmer, Geoff Price (District Council of Mount Remarkable); Mark Malcolm (Southern Flinders Ranges Development Board); Dan van Holst Pellekaan (Tourism Development Officer); Jill Sanders (Southern Flinders Tourism Association); Cr Kathie Bowman (District Council of Orroroo / Carrieton); Geoff Slee (Cycle Tourism Project Officer)
Apologies S Cheriton, (District Council of Mount Remarkable); Stacey Goodes (Northern Areas Council); Lorna Schmidt (District Council of Orroroo / Carrieton)
3.0 DECLARATION OF PROXIES FOR THIS MEETING Nil
4.0 CONFIRMATION OF MINUTES
Moved: Jill Sanders, Seconded: Mark Malcolm - That the Minutes of the Meeting held 18th February 2009 be accepted.
CARRIED
5.0 BUSINESS ARISING FROM MINUTES OF LAST MEETING Cr Pearce asked if any further information in relation to Item 8.2 had been received. The TDO responded to the query.
Cr Pearce asked in relation to Item 8.5 if soil testing at Stone Hut had been completed. The TDO responded to the query.
Jill Sanders confirmed that SFTA and FRTOA had a joint stand at the Caravan and Camping show as reported at Item 8.6.
6.0 CORRESPONDENCE
The TDO advised that all day to day correspondence had been dealt with and there had been no correspondence that required the Authority’s attention. The TDO was happy to answer any questions that members may have.
Moved: Kathy Bowman, Seconded: Mark Malcolm - That the Correspondence Report presented by the Tourism Development Officer be received.
CARRIED 7.0 FINANCIAL REPORTS
7.1 Transactions – February 2009 7.2 Profit and Loss – February 2009, YTD 08 / 09 7.3 TDO Budget – YTD 08 / 09
M Malcolm gave an outline of the financial reports included with the Agenda Report. Moved: Mark Malcolm, Seconded: Jill Sanders - That the Financial Reports as included in the Agenda Papers be received.
CARRIED 8.0 TDO REPORT 8.1 – Summary of meetings and related activities
The TDO answered questions in relation to meetings attended. 8.2 – Progress against Annual Work Plan
The TDO explained where he was at in relation to tasks and answered questions in relation to specific tasks
8.3 – Stage 2 Cycle Trail Building Program It is hoped that Stage 2 will be finished by the end of the Financial Year. There may
be a little slippage as the trail builders have a lot to do at the moment. There is no formal advice as yet from Upper Spencer Gulf and Outback Enterprise Zone Fund in relation to the question of building 15km less trails in Stage 2 than expected. SATC are comfortable with it. Dan to keep a record of correspondence with EZ Fund.
8.4 – Bluff Road Access for Guided Tours Broadcast Australia own and control the Bluff Road and due to OH&S issues will not
give permission for the road to be used for Guided Tours. The TDO advised the meeting that Sean Cheriton had indicated to him there may be the possibility of using a Joint Lease to overcome this issue. It was resolved that the TDO would continue talking to Sean about the Joint Lease issue.
8.5 – FR+O Integrated Strategic Plan – Feedback from Stakeholders Meeting on
13/03/2009 Implementation Committee have met and have also had a meeting with the FROSAT
committee. FROSAT are still determining their role in the implementation of the Strategic Plan. The TDO asked all Councils to seek as much help as possible from FROSAT and the new RTM (once appointed) to work on implementing the recommendations of the Tourism Plan which Councils (and others) contributed funding towards.
The implementation committee also worked through the approximately 40 objectives of the Plan and is pleased to note that many of them have been commenced by the relevant stakeholders.
8.6 – RLCIP Application for Funding for Southern Flinders Ranges Rail Trail The TDO advised that he had submitted an Application for Funding with 3 options for
building of the Rail Trail from Yacka to Wilmington. The TDO gave special thanks to Geoff Slee, the Acting Works Managers of Mount Remarkable and Northern Areas Councils and others for the time and effort put in assisting him with the Application. The TDO also advised that DEH had given permission for the trail to be constructed subject to the grant funds being received.
8.7 – Feedback from Joint SFTA / FRTOA Stand at Adelaide Caravan and
Camping Show Jill Sanders provided the meeting with feedback from the recent Caravan & Camping
Show held at the Wayville Showgrounds. The joint stand operated on a budget of $1,200.00 and was a good example of the two groups working together. A good discussion ensued in relation to possible arrangements for future events. The SFTA “Walkabout” at Coober Pedy was also discussed.
8.8 – TDO Agreement for 09 / 10 The TDO informed the meeting that when his Contract expires at the end of June 09,
he will be seeking to reduce the hours he works. A lengthy discussion took place regarding arrangements that could be put in place, including Mike’s suggestion that Dan work 3 days per week for Jul/Aug/Sep and two days per week for Oct/Nov/Dec. This would allow the hiring of a new full time TDO to start in October. This would give continuity to the role, give the new TDO a very good handover, provide the best
service to the area for the whole six months and also stay within the budget for one full time TDO. The group agreed that this would be a good way to progress.
Further discussion took place as to ‘where to from here’ for tourism in the SFR (what will be the next big thing after cycle tourism?) and it was decided that the next meeting of the Authority would have a large portion of it dedicated to a strategic think-tank. Dan, Mike and Mark to meet sometime within the next two weeks to discuss ideas. The ideas will be discussed by the committee at the next meeting.
9.0 NEW SFR CYCLING EVENT (Cycle Tourism Project Officer) The Cycle Tourism Project Officer informed the meeting that he had investigated a
number of options and although people were enthusiastic in regard to a new cycling event most indicated that time available to attend one was limited.
The possibility of holding an event over the weekend 11th and 12th July 2009 was
discussed. The CTPO advised he had been looking into a rally style of event that was competitive, to suit all ages that could be held at Bendleby on Saturday 11th and conclude at Bundaleer on Sunday 12th. Local participation from Orroroo and Jamestown would be expected. It was agreed that arrangements for catering and entertainment would need to be finalised quickly for this event. It was also agreed that the members of the Authority present at the meeting would endorse this event. Support by SATC for the pilot Mawson Marathon project was also discussed.
10.0 OTHER / GENERAL BUSINESS
10.1 Cr Pearce advised the meeting that he had been in discussions with SATC in regard to assisting with expenses for American Journalists to attend the Fat Tyre Festival this year. He suggested that up to $5,000.00 could be made available from the Marketing Budget and the SATC will match those funds. The TDO suggested that maybe $3,000.00 could be put aside out of that budget line. The members present at the meeting gave their ‘In Principle’ support to pay 50% of Air Fares in conjunction with the SATC and that Cr Pearce would continue to discuss the matter with Andrew McEvoy, SATC. 10.2 Jill Sanders advised the meeting that she had copied the Regional Guide and forwarded it out to all towns for comments. It was agreed that Orroroo must be included in the booklet. The possibility of including Peterborough was also discussed as their Tourism Association is now a member of SFTA. Port Pirie rejoining the SFRTA was also discussed. It was agreed that this matter would be re-tabled at the next meeting of the Authority. 10.3 Cr Pearce enquired if any contact had been made with the new owners of Wilpena Pound. The TDO responded.
11.0 NEXT MEETING
The next meeting of the Authority will take place on Wednesday15th April 2009 hosted by Northern Areas Council. Probable meeting time will be 2:30pm but will be confirmed in early April.
12.0 CLOSE There being no further business the Chairman declared the meeting closed at 5.30 pm.
Tourism Development Officer Report
TDO Meetings Attended & Related Activities – Feb ‘09 Date Met with Focus Location 2/2 Adrian Webber, Soil
and Groundwater Consulting
Contamination testing of rail corridor Adelaide
2/2 Michael Bridge, David Hughs and Lettie of Bike SA
Mawson Marathon Adelaide
3/2 Mark Malcolm and John Cvetko, SATC
Feedback on FR+O Strat Plan process Conference call, Port Pirie
4/2 “Mountains of Memory” working group
Implementation of the strategy Port Augusta
5/2 Geoff Slee CT general, cycle trails SFR general inc. DCOC and NAC offices
6/2 DEH Marine Parks Port Pirie 9/2 Day Off 11/2 PPRC tourism
working group SFRTA Port Pirie
12/2 Neil and Margie Devine
Gulnare Hotel Port Pirie
16/2 Belinda Jackson Discuss PPRC’s tourism brochure Port Pirie 17/2 Tony Holland Gladstone Gaol Gladstone 17/2 Work PM at NAC office Jamestown 18/2 DTED presenter Value and contribution of family
businesses Port Pirie
18/2 SFRTA Monthly meeting Booleroo 20/2 PM Off 23/2 Jill Sanders New cycle trail building progress Booleroo View 23/2 SFTA Collect brochures for C+C Show Mannanarie 24-25/2 Adelaide C+C Show Adelaide 26/2 Geoff Slee Rail Trail Wilmington 27/2 David Cowin, Greg
Cowin and Paula Duncan-Tiver
RLCIP application - construction Gladstone
3/3 Mike Pearce General SFRTA Port Pirie 3/3 SFRDB staff General meeting Port Pirie 4/3 David Cowin, Greg
Cowin, Paula Duncan-Tiver and Anne Brown
RLCIP application – native vegetation Wirrabara
4/3 David Cowin, Greg Cowin
RLCIP application - construction Gladstone
10/3 Worked AM at DCMR office Melrose 11/3 Richard Bruce and
Alastair Smart Cycle trail building contract Melrose
INCOMING & OUTGOING CORRESPONDENCE
Incoming Correspondence February – March 2009
Date From To Regarding
2/02/2009 Hon Jay Weatherill, Environment and Conservation
CEO, TDO Marine Parks Boundaries Consultation Process
2/02/2009 Arts Projects Australia TDO Invite: Movie Premiere Event in Port Augusta
4/02/2009 Carly Sharp, Flinders Ranges and Outback TDO Integrated Strategic Tourism Plan (electronic version)
5/02/2009 Andrew McEvoy, SATC CEO SA Tourism Plan 2009-14
11/02/2009 Gail Lipschinski, Port Flinders Development Association TDO Weeroona Island Signage to be changed to Port Flinders
24/02/2009 Broadcast Australia TDO Email Correspondence re Bluff Road Access for Tourists
27/02/2009 Country Arts SA CEO, TDO Invitation: Support for the Arts Handbook Launch 20.3.09
27/02/2009 Black Jack Getaway TDO Rhythms and Wool Bales Event Pamphlets
2/03/2009 Andrew McEvoy, SATC CEO Copy of Support Letter to Regional and Local Community Infrastrucutre Programme for Grant Application
2/03/2009 Hon Graham Gunn, Member for Stuart CEO Copy of Support Letter to Regional and Local Community Infrastrucutre Programme for Grant Application
3/03/2009 Jessie White, District Council of Orroroo/Carrieton CEO Support Letter for Wilmington to Yakka Rail Trail Proposal
4/03/2009 Terry Barnes, District Council of Peterborough TDO Tour Down Under
5/03/2009 Rowan Ramsay, Member for Grey CEO Copy of Support Letter to Regional and Local Community Infrastrucutre Programme for Grant Application
5/03/2009 Byron Gough, Dept of Environment and Heritage CEO Support Letter for Wilmington to Yakka Rail Trail Proposal
6/03/2009 Kelly-Anne Saffin, MNRDB CEO Support Letter for RLCIP Application for Cycle Trail Extension
6/03/2009 Anita Crisp, Central Local Government Region of SA CEO Letter of Support for Cycle Rail Trail Grant Application
10/03/2009 Laura Folk Fair Committee TDO Invite: Laura Folk Fair Opening 4.4.09
11/03/2009 Jane Lomax-Smith, Minister for Tourism CEO Letter of Support for Cycle Rail Trail Grant Application
11/03/2009 Hon Geoff Brock, Frome Electorate Office CEO Letter of Support for Cycle Rail Trail Grant Application
Outgoing Correspondence February – March 2009
Date To Regarding
9/02/2009 Various (7 recipients) Letter re Windfarm Tour Permission Denied by AGL
11/02/2009 Hannah Kilmore, SATC Letter of Support for Jamestown Fly In and Air Spectacular Grant Application
13/02/2009 Gail Lipschinski, Port Flinders Development Association Highway Signage
13/02/2009 Melissa Naismith, DCOC Letter of Support for Pekina Creek Project at Orroroo
13/02/2009 Hannah Kilmore, SATC Letter of Support for Jamestown Fly-In and Air Spectacular
13/02/2009 Hannah Kilmore, SATC Letter of Support for Port Pirie State Masters Games
13/02/2009 David Nash, Office of Recreation and Sport Letter of Support for Port Pirie State Masters Games
13/02/2009 Joan Woolford, Wilmington Progress Association Letter of response re Alligator Gorge Tourism Signage
5/03/2009 Regional and Local Community Infrastructure Program Southern Flinders Ranges Rail Trail RLCIP Funding Application
11/03/2009 Bernie Dickenson Letter of Reference for Bernie Dickenson
11/03/2009 Jo Podoliak, SATC KPIs for SFRTA
11/03/2009 Hannah Kilmore, SATC Letter of Support for Laura Folk Fair Funding Application
SOUTHERN FLINDERS RANGES - TOURISM DEVELOPMENT INITIATIVE
INCOME & EXPENDITURE STATEMENT AS AT: 28th February 2009
BALANCE AVAILABLE - TOTAL INCOME - TOTAL EXPENDITURE MYOB BALANCE
SFRDB - FUNDED PROJECTS 2008
Job Profit & Loss Statement
February 200911/03/22:58:57 PM
Page 1
Account Name Selected Period Year to Date
1102 Tourism Dev. Initiative
IncomeProject Income (Prev Yr) $0.00 $3,038.57DCMR Contribution -Tourism $0.00 $25,000.00NAC Contribution -Tourism De $0.00 $25,000.00SATC Contribution-Tourism D $0.00 $25,000.00DCOC Contribution-Tourism D $0.00 $25,000.00Interest Income (Prior Period) $0.00 $2,525.65Miscellaneous Income $0.00 $250.00Total Income $0.00 $105,814.22
IncomeProject Income $0.00 $75,000.00Project Income (Prev Yr) $0.00 $167,755.36Interest Income (Prior Period) $0.00 $10,416.76Total Income $0.00 $253,172.12
00000806 PJ 5/02/2009 Purchase; Dan Van Holst Pelle 6-2150 $342.6700000807 PJ 5/02/2009 Purchase; Flinders Gulf and O 6-2200 $3,164.8100000808 PJ 11/02/2009 Purchase; Flinders Gulf and O 6-2200 $3,164.8100000809 PJ 11/02/2009 Purchase; Dan Van Holst Pelle 6-2650 $13.6300000809 PJ 11/02/2009 Purchase; Dan Van Holst Pelle 6-2150 $290.2500000812 PJ 12/02/2009 Purchase; Telstra 6-2750 $72.7300000817 PJ 23/02/2009 Purchase; Flinders Gulf and O 6-2200 $2,950.3500000818 PJ 23/02/2009 Purchase; Dan Van Holst Pelle 6-2150 $295.20
Agenda Report – 14th April 2009 106. CONFIRMATION AND RECEIVAL OF MINUTES (CONT.):
6.5 OTHER STATUTORY COMMITTEES
Subject: Various Minutes Report By: Administration Trainee Report Date: 08/04/2009 File Reference: Various Action: Yes Attachments: Yes
A copy of the Minutes from the various Meetings detailed below are attached for the information and reference of Elected Members.
6.5.1 Booleroo Centre Civic Centre Committee - Meeting held 26th February 2009
Recommendation: That the Minutes of the Booleroo Centre Civic Centre Committee Meeting held 26th February 2009, as circulated and tabled, be received.
~~Options:~~
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(ii) Cr / Cr
Agenda Report – 14th April 2009 117. NOTICE OF MOTION:
The Local Government (Procedures at Meetings) Regulations 2000 provide the following in respect of Notices of Motion:-
Regulation 13 - Motions (1) A member may bring forward any business in the form of a written notice of motion. (2) The notice of motion must be given to the Chief Executive Officer at least five clear days
before the date of the meeting at which the motion is to be moved. (3) A motion the effect of which, if carried, would be to revoke or amend a resolution passed
since the last periodic election of the Council must be brought by written notice of motion. (4) If a motion under sub-regulation (3) is lost, a motion to the same effect cannot be brought -
(a) until after the expiration of 12 months; or (b) until after the next periodic election, whichever is the sooner.
Agenda Report – 14th April 2009 128. COMMUNITY QUESTION TIME - 9.30 am to 10.00 am
During this period, any member of the public can come into a Council Meeting and ask a question of Council, without notice.
Agenda Report – 14th April 2009 139. MAYOR'S REPORT:
Subject: Monthly Report Report By: Mayor Report Date: 07/04/2009 File Reference: No File Action: No - Information Only Attachments: No
11.03.09: Council CEO Sean Cheriton and I met with Chairperson, Margaret Wagstaff and
Executive Officer, Lynne Flavel of the Boundary Adjustment Facilitation Panel, Department of Planning and Local Government to discuss the Public Initiated Submission re Weeroona Island and Port Germein. The Panel has since met and I understand their decision on the matter is now awaiting an announcement by the Minister of Planning and Local Government.
26.03.09: I attended the Southern Flinders Ranges Development Board Inc Strategic Plan Review
Workshop held at Laura at 7.30am. In the light of the present economic climate the Board felt it was appropriate to review its strategic direction.
The full extent of the Global Financial Crisis on a local, regional or global scale is not yet known and what impact that will have on small business, local industry and larger employers is unclear at this point. This will have an impact on the content and direction of the current and longer term Strategic Directions of the Board. The Board divided into two groups in order to further discuss the Boards priorities relating to the Strategic Directions of the Board, The issue will be further discussed at next Board meeting but the morning proved to be a worthwhile exercise. Following the conclusion of the workshop I was involved in the half yearly review of the Executive Officer of the Board, Mark Malcolm.
31.03.09: I attended the Annual General Meeting of the Mid North Health Advisory Council held at
Peterborough. Approximately 100 attended the meeting. The recruitment of additional Medical Practitioners to the area was the main concern of the meeting in the light of the ever changing criteria for the registration of overseas trained Doctors.
I, together with Julie Arthur, EO/DON of the Booleroo Centre Health Unit are looking at forming a Planning Committee for the Booleroo Centre Health unit with representation on it from Wilmington, Melrose, Wirrabara and Booleroo Centre to ensure the various communities have input into future directions and services provided by the hospital.
03.04.09: Councils CEO, Sean Cheriton and I attended the Central Local Government Region CEO
Forum held at Crystal Brook followed by the CLG Region Executive Committee meeting. After Lunch a forum on the proposed future directions of the Regional Development Board Structure was held. Also in attendance were the Chairs and Executive Officers of the York Peninsula, Mid North and Southern Flinders Ranges Development Boards.
Mr Ian O’Loan, President of the Regional Development SA was able to bring the meeting up to date on his meeting with the State Minister for Regional Development; Hon Paul Caico held the previous day. It gave some glimmer of hope that the restructure may not happen by 30th June this year as being pushed by the Federal Government.
07.04.09: Attend the monthly meeting of the Southern Flinders Ranges Development Board. Verbal
report will be given at meeting. 09.04.09: Attend Resource Sharing meeting to be held at Melrose at 10.00 am. Verbal report will be
given at meeting.
Agenda Report – 14th April 2009 1410. COUNCILLOR'S COMMUNICATIONS:
10.1 MEMBER'S REPORTS ON ACTIVITIES
Agenda Report – 14th April 2009 1511. QUESTIONS ON NOTICE:
The Local Government (Procedures at Meetings) Regulations 2000 provide the following in respect of Questions on Notice:-
Regulation 10 - Questions (1) A member may ask a question on notice by giving the Chief Executive Officer written notice of
the question at least five clear days before the date of the meeting at which the question is to be asked.
(2) If notice of a question is given under sub-regulation (1) - (a) the Chief Executive Officer must ensure that the question is placed on the agenda for the
meeting at which the question is to be asked; and (b) the question and the reply must be entered in the minutes of the relevant meeting.
(6) The presiding member may rule that a question with or without notice not be answered if the presiding member considers that the question is vague, irrelevant, insulting or improper.
LGA Meeting Procedures Handbook for Council Members (September 2006):
When a question is asked at a meeting the normal process is that the presiding member will reply to the question. This enables council members to obtain information that is relevant to their role as a member of the governing body and the functions of that body. The question should relate to functional, strategic or policy issues of the Council. Questions of an operational nature should be directed to the Chief Executive Officer (or appropriate department manager) outside of a meeting and during business hours. (page 27)
Agenda Report – 14th April 2009 1611. QUESTIONS ON NOTICE (CONT.):
The attached Question on Notice from Cr C.E. Nottle has been received in accordance with
the Local Government (Procedures at Meetings) Regulations 2000. The Question on Notice Reads:
In regard of our 20/20 Vision (mission statement) to promote and develope new business and residentcy.
What is Council actually doing and has done so far in, Developing Programme’s, Attracting, Assisting, & Encouraging, New Business & Residents to our council.
Agenda Report – 14th April 2009 1712. QUESTIONS WITHOUT NOTICE:
The Local Government (Procedures at Meetings) Regulations 2000 provide the following in respect of Questions Without Notice:-
Regulation 10 - Questions (3) A member may ask a question without notice at a meeting. (4) The presiding member may allow for the reply to a question without notice to be given at the
next meeting. (5) A question without notice and the reply will not be entered in the minutes of the relevant
meeting unless the members present at the meeting resolve that an entry should be made. (6) The presiding member may rule that a question with or without notice not be answered if the
presiding member considers that the question is vague, irrelevant, insulting or improper. LGA Meeting Procedures Handbook for Council Members (September 2006):
When a question is asked at a meeting the normal process is that the presiding member will reply to the question. This enables council members to obtain information that is relevant to their role as a member of the governing body and the functions of that body. The question should relate to functional, strategic or policy issues of the Council. Questions of an operational nature should be directed to the Chief Executive Officer (or appropriate department manager) outside of a meeting and during business hours. (page 27)
Agenda Report – 14th April 2009 1813. WORKS BUSINESS:
13.1 BUSINESS ARISING FROM PREVIOUS MEETINGS Nil
Agenda Report – 14th April 2009 1913. WORKS BUSINESS (CONT.):
13.2 WORKS CORRESPONDENCE Nil
Agenda Report – 14th April 2009 2013. WORKS BUSINESS (CONT.):
13.3 WORKS MANAGER'S REPORT
13.3.1 GRADER MAINTENANCE Horseshoe Rd, Coolingatta Rd, Cormacks Rd, Nowhere Else Rd, Hundred Rd, South Whim Rd, Rob Piggots Rd, Middle Rd, Wards Rd, Cattle Track, Ian Mudge Rd, B Pechs Rd, Heaslip Rd, Watkins Rd, Burford Rd, Yellow Cutting Rd, Block 9 Rd, Black Swamp Rd, Gebharts Cutting Rd, Snake Gully Rd, Greyhound Track, Summer Track, Government Rd, Booleroo Willowie Rd, Booleroo Morchard Rd, Gums Rd, Hillview Rd, Coonatta Rd, T Williams Rd, Multabee Rd, Amyton Rd, Orroroo School Bus Route, Boundary Rd, Top Track, Davis Rd, Reservoir Rd, Survey Rd, Avonmore Rd, Forest Rd, Charcoal Rd, C Carmens Rd, P Hollits Rd, Wirrabara Yandiah Rd, Rosslyn Rd, Dust Bowl Rd, Willow Dam Rd, Wirrabara Detour, J Wegner Rd, Hills Rd.
13.3.2 TOWNSHIP MAINTENANCE
Tidy Wirrabara streets and fix washouts from heavy rain Tidy Wilmington Main Street
Tidy Port Germein and remove seaweed off beach for beach cricket Tidy Booleroo for Steam and Traction Removed abandoned car from Port Germein town streets Fixed driveway issues on Port Flinders and washed out gutters Removed aggregate from Reserve on Port Flinders Grade Port Flinders (flood damage) Tidy Wirrabara Cemetery Tidy Melrose Streets New bin stand on Port Germein Jetty Top up Melrose playground with bark chips
13.3.3 BUDGET JOBS COMPLETED Poles Rd Resheeting Top Track Resheeting West Terrace Wirrabara Resheeting Cockburn Rd Resheeting Government Rd Resheeting and installed new culvert
13.3.4 BUDGET JOBS IN PROGRESS
Wirrabara Paving Appila town street Resheeting
13.3.5 OTHER Sted flushing Booleroo, Wilmington and Melrose Built pad for Melrose Camp Kitchen Sprayed Melrose Sted Ponds
Agenda Report – 14th April 2009 2113. WORKS BUSINESS (CONT.):
13.4 WORKS PROGRAM UPDATE
Subject: Updated Schedule Report By: Chief Executive Officer Report Date: 07/04/2009 File Reference: No File Action: No - Information Only Attachments: Yes
An updated Works Program illustrating works activities undertaken during the current half of
the financial year is attached for the information and reference of Elected Members.
District Council of Mount RemarkableRoad Construction and Maintenance Program
Printed: Cat C / Over CY Alloc. Total Bgt YTD Act Variance Forecast
Number Status Code $ $ $ $ $ $ M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S M T W T F S S
Borgas Street, Booleroo Centre 11118 R2R 85,000 85,000 85,000 85,000
Fuller Street, Booleroo Centre 11051 R2R 20,000 20,000 20,000 20,000
Colin Street, Booleroo Centre 11050 R2R 115,000 115,000 2,989 112,011 115,000
Dunstan Road, Booleroo Centre 11060 R2R 45,000 45,000 45,000 76,036
Seventh Street, Port Germein 11048 R2R 75,000 75,000 75,000 75,000
Baroota Terrace, Port Germein 11004 R2R 45,000 45,000 45,000 45,000 Baroota Terrace, Port Germein 11004 R2R 45,000 45,000 45,000 45,000
John & William Street, Booleroo Centre 11096 PW 112,500 112,500 112,500 11102 PW - 0
South Terrace Wirrabara FW 38,730 38,730 38,730
Second Street Wirraabara (Apron) FW 22,500 22,500 22,500
Stephens Street, Booleroo Centre - KerbingParking Area Adj CFS / SES 11075 MP 20,000 20,000 20,000 Parking Area Adj CFS / SES (Balance of Alocation) 11075 PW 9,958 9,958 9,958
Booleroo Centre, Western Town Approach (both sides) PW 5,000 5,000 5,000
Second Street, Port Germein CW 24,500 24,500 24,500
SMP Reference: 6.6.1 Objective 6 Infrastructure and Assets - Developing the Foundation for Our Future Strategy 6 Maintain Council plant equipment and other assets to high standards Action 1 Develop and implement a replacement program for major plant items
Elected Members will be aware of the provision made within the 2008 / 2009 Budget to changeover Council’s Freightliner and 3-way tipper trucks. The budgeted provisions are $75,000 and $50,000 respectively.
Over recent months, quotations have been sourced for changing over the two trucks from various suppliers.
The current freightliner truck (Unit 11) was purchased in December 1997 for $158,833 (including the body) and the current Toyota Dyna Dual Cab (Unit 18) was purchased in July 1995 for $37,504.
The attached table summarises the various quotations received for the respective changeovers. The prices shown are GST exclusive and for the freightliner, include changing over the existing body and supplying of a turn table (to enable truck to be used as a prime mover).
In assessing the quotations, a range of factors are taken into account including service availability and cost, the base or underlying value, quality and reliability and re-sale value.
The base or underlying value aspect relates to the potential change of going from a higher valued make to a lower one eg scaling back on a car purchase from a Holden Statesman to a Commodore.
In the present case, the current 11 year old freightliner truck was purchased for just under $160k. Which is around, and in some cases more, that the current price of several makes that have been quoted on.
Clearly, the problem with changing the trucks over is the insufficient budget provisions.
There are a number of options for Council to consider in this situation, including: - deferring purchase to next financial year when sufficient Budget “bids” can be put
forward (top up the provision next year); not purchase a 3-way tipper and utilise those budget funds towards the Freightliner
changeover, which will possibly still leave the budget allocation short; purchase both now and fund the shortfall from any surplus that may result this year
or include it within next year’s Budget.
The other aspect that warrants noting is the trade in offer on the 3-way tipper of $5000. For that, Council would seriously need to consider keeping the unit as a second or spare maintenance vehicle.
Council consideration of the various matters associated with the changeovers is requested
and a direction sought.
Agenda Report – 14th April 2009 23
~~Options:~~
(i) Cr / Cr
(ii) Cr / Cr
District Council of Mount RemarkableTruck Changeover Options
New Trade In Net C/O New Trade In Net C/O
Budgeted 75,000 50,000
Freightliner Changeover 3-way Tipper Changeover
Budgeted 75,000 50,000
Freightliner 197,964 47,000 150,964 Mack 200,610 36,818 163,792 Volvo 205,025 35,000 170,025 Western Star 197,730 28,000 169,730 Mitsubishi 169,966 36,000 133,966 71,403 5,000 66,403 International (Stillwell) 169,284 22,727 146,557 I t ti l (I ) 159 623 40 000 119 623International (Isuzu) 159,623 40,000 119,623 Isuzu 146,220 40,000 106,220 72,015 5,000 67,015 UD (Stillwell) 169,284 22,727 146,557 Hino 89,882 5,450 84,432
Private Offer Received 35,000
* Prices are all GST exclusive
Agenda Report – 14th April 2009 2413. WORKS BUSINESS (CONT.):
13.6 GENERAL WORKS BUSINESS
(not requiring Motions and not Minor Works requests)
Agenda Report – 14th April 2009 2514. FINANCE BUSINESS:
14.1 BUSINESS ARISING FROM PREVIOUS MEETING Nil
Agenda Report – 14th April 2009 2614. FINANCE BUSINESS (CONT.):
14.2 FINANCE CORRESPONDENCE Nil
Agenda Report – 14th April 2009 2714. FINANCE BUSINESS (CONT.):
14.3 FINANCE REPORT
14.3.1 CASH FLOW ANALYSIS
Subject: Updated Report Report By: Chief Executive Officer Report Date: 04/04/2009 File Reference: GDS 7.11.1 Action: No - Information Only Attachments: Yes
An updated Cash Flow Analysis graph is attached for the information and reference
of Elected Members.
PRINTED:
CASH & SHORT TERM BALANCES BORROWINGS (EXTERNAL) CONCL.
Bank SA Bank Account 118,755.57 ** Deb # 17 Melrose STEDS 150,813.86 2016
B k SA P t Offi A t 15 773 16 ** D b # 18 Pt G i St t 52 514 55 2013
4 April 2009
0
250,000
500,000
750,000
1,000,000
1,250,000
1,500,000
1,750,000
2,000,000
2,250,000
2,500,000
2,750,000
3,000,000
3,250,000
3,500,000
3,750,000
4,000,000
J O J A J O J A J O J A J O J A J O J A J O J A J O J A J O J A
District Council of Mount RemarkableCash Flow Analysis
SMP Reference: Objective 7 Public Health, Order & Safety – Improving Wellbeing Strategy 4 Provide quality Dog & Cat Management services that meet the
needs and requirements of the Community.
In the lead up to the 2009 / 2010 financial year, Council needs to give due consideration to the fees it wishes to levy in respect of dogs under the Dog and Cat Management Act 1995.
A copy of the 2008 / 2009 Dog Registration Fee Structure is attached for the reference and information of Elected Members.
It is suggested that Council maintain the existing fee structure for the 2009 / 2010 financial year. Elected Members are further advised that once the fee structure for the coming year is determined by Council, Ministerial endorsement must be sought and obtained before the fees can take effect.
Recommendation: That Council set the following fee structure for dog registrations for the 2009 / 2010 financial year:- 1. That the registration fee for an ordinary dog be $40; 2. That a mandatory rebate of 40 per cent of the ordinary fee be provided for
desexed dogs; 3. That a mandatory rebate of 10 per cent of the ordinary fee be provided for
microchipped dogs; 4. That a mandatory rebate of 10 per cent of the ordinary fee be provided for
trained dogs, where training is defined as Good Canine Good Citizens Programs, obedience, show ring, retrieval, agility dogs and dogs used in the Pets as Therapy Program;
5. That in order to receive one or more of the above mandatory rebates, the owner of the dog provide the Registrar with such information and proof as may be necessary to substantiate the application for the rebate applicable to the registration of their dog;
6. That a pensioner rebate of 50 per cent of the fee otherwise payable apply for a maximum of two dogs per owner, and that this pensioner rebate be deducted after all other qualifying rebates have been deducted;
7. That the Registrar be delegated authority by Council to consider written applications of hardship and to have flexibility in the fees charged in genuine cases;
8. That a rebate of 75 per cent of the ordinary fee be provided for working dogs, being dogs primarily kept and used for the purpose of droving or tending stock, and that no additional mandatory or other rebates apply to this category of dog, and that the owner of the dog provide the Registrar with such information and proof as may be necessary to substantiate the application for the rebate
Agenda Report – 14th April 2009 33
9. That a rebate of 75 per cent of the ordinary fee be provided for greyhounds, being dogs registered with the Greyhound Racing Association of South Australia, and that no other additional mandatory or other rebates apply to this category of dog, and that the owner of the dog provide the Registrar with such information and proof as may be necessary to substantiate the application of the rebate to the registration of their dog,
10. That security business registration fees be the same fee as for individual dog registrations but with the registration discs being issued to the business rather that the dog, and that the disc be transferable between dogs;
11. That no fee be charged for the registration of guide, hearing and disability dogs accredited by the Dog and Cat Management Board pursuant to the Dog and Cat Management Act 1995;
12. That the fee for transfer of registration be $5.00 and that replacement discs be issued at a fee of $5.00;
13. That pursuant to the Dog and Cat Management Act 1995, a late registration fee of 25 per cent of the fee otherwise payable apply, in addition to the fee that would otherwise be due for registration;
14. That a fee of 50 per cent of the fee otherwise payable apply for the registration of pups old enough to be registered in the second half of the financial year;
15. That a fee of $30 apply for the impounding of a dog, and that a further fee of $10 apply for each day thereafter that the dog is impounded; and
That Council forward its determined dog registration fee structure for the 2009 / 2010 financial year to the Dog and Cat Management Board for certification and endorsement by the Minister pursuant to the provisions of the Dog and Cat Management Act 1995.
~~Options:~~ (i) Cr / Cr (ii) Cr / Cr
Agenda Report – 14th April 2009 3414. FINANCE BUSINESS (CONT.):
14.3 FINANCE REPORT (CONT.)
14.3.7 CWM SCHEMES
Subject: Updated Financial Reports Report By: Chief Executive Officer Report Date: 04/04/2009 File Reference: CWMS File Action: No - Information Only Attachments: Yes
Updated Financial Reports for the Wilmington, Melrose and Booleroo Centre
CWMS Schemes are attached for the information and reference of Elected Members.
District Council of Mount RemarkableWilmington CWM SchemeFinancial Analysis
Agenda Report – 14th April 2009 3515. ADMINISTRATION MATTERS:
15.1 BUSINESS ARISING FROM PREVIOUS MEETING
15.1.1 ACTION LIST
Subject: March 2009 Ordinary Meeting Report By: Chief Executive Officer Report Date: 07/04/2009 File Reference: No File Action: No - Information Only Attachments: No
The Action List from the March 2009 Ordinary Meeting of Council is attached for
the information and reference of Elected Members. An updated version will be distributed at the Meeting.
~~Options:~~ (i) Cr / Cr (ii) Cr / Cr
No. Item Agenda Item Action Responsibility Status Date Comments
1 8 CQT K Spears Port Flinders Water Situation Seek something in local papers to clarify that a
District Council of Mount RemarkableAction List
March 2009 Ordinary Meeting Of Council
1 8 CQT - K Spears - Port Flinders Water Situation Seek something in local papers to clarify that a water supply has been there since 1994
2 10.1 CC - Member's Reports - Cr Leue - Road Grading Road heading north from 4 crossroads near G Leue's missed
12 18.2 LI&R - Northern Areas Council - Support for Regional Road Project
Include in Consideration for Assessing Local Priorities
Chief Executive Officer
Chief Executive Officer
Chief Executive Officer
Chief Executive Officer
13 20 OB - Victorian Bushfire Appeal - $5,000 Donation Donation to be made
14 UL Port Flinders Township - Analysis of Potential Allotment Numbers Undertake preliminary assessment and analysis (desktop)
1 10.4 GWB - Cr Hodgson - Old Road Bridge Consider options for fencing to protect public
2 10.4 GWB - Cr Kretschmer - Overhanging tree branches (Opp Sizer Inspect and Assess likliehood of falling and
January 2009 Ordinary Meeting of Council
CEO, Wks Mgr & MAS
Works Manager
Chief Executive Officer
CEO & RAO
property in 6th Street) address as required3 10.4 GWB - Cr Roocke - Catholic Church in Booleroo Centre May have some trees to be removed - pass on
contractor details to church4 12.1.2 AM - BAPM - Elected Member Support - Laptop Computers Proceed with project - Cr Leue only EM to
indicate not interested5 13.2 Corr - Dept for Transport, Energy & Infastructure - Rural Property
Address RolloutAdvise Project Team that Council commits to the rollout
6 13.2 Corr - Dept for Transport, Energy & Infastructure - Rural Property Seek indication from Loxton Waikerie as to how
Works Manager
Works Manager
Wks Mgr & Ward Councillors
Rates Administration Officer
Chief Executive OfficerAddress Rollout they did it re cost recovery
1 9.0 QWON - Cr Nottle - Willowie Refuse Depot Passes to dispose of Rubbish collected from property
Consider and put into place suitable options to deal with problem
2 10.4 GWB - Mayor Roocke - Culvert under road at SE Cnr of B/C Bowling Club
Culvert needs to be extended (between two driveways)
3 10.4 GWB - Cr Storey - P Strike Driveway access Too low going into new driveway When skid steer next in Wilmington
December 2008 Ordinary Meeting of Council
Works Manager
Works Manager
Works Manager In Progress
Chief Executive Officer
4 10.4 GWB - Cr Storey - Driver Behaviour in Wilmington Letter to B/C Police re Wilmington Discussed, to be formalised in letter
5 10.4 GWB - Cr Storey - School Sign School Sign at Wilmington needs to be replaced
6 10.4 GWB - Cr Pearce - Vehicles turning into Hickory's Run on Main North Road
Raise with DTEI
7 12.1.2 AM - BAPM - Forestry SA - Communications Facility Lease Letter of Response and seek better arrangement
Chief Executive Officer
Works Manager
Chief Executive Officer
Chief Executive Officer Being Finalised
8 12.6.2 AM - OAR - Elector Representation Review - Preliminaries Prepare Options Paper
9 13.6 Corr - Country Health SA - Community Bus Letter to advise of Council's in principle agreement
Letter Sent - Awaiting Response and Meeting
10 20 OB - Cr Pearce - October Meeting - action items re strategic planning session outcomes
Follow Up to ascertain where at
1 Deputation - Phil Harrison - CFS MoU Report for Future Meeting
November 2008 Ordinary Meeting of Council
Chief Executive Officer Being Finalised
CEO & RAO In Progress
Chief Executive Officer Awaiting Third Party Consideration
Chief Executive Officer
p p g
2 Deputation - Phil Harrison - CFS MoU Advise Phil Harrison of Status
3 9.0 QWON - Hard Waste Pick Up Consider a town per day approach next year
4 9.0 QWON - Hard Waste Pick Up Consider provision of service to non-township ratepayers
5 9.0 QWON - Cardboard Recycling / Pick Ups Discussion with Mid North Waste
Chief Executive Officer Being Finalised
Chief Executive Officer
Quality Management Team In Progress
Quality Management Team In Progress
Chief Executive Officer Awaiting Third Party ConsiderationQ y g p Chief Executive Officer Awaiting Third Party Consideration
No. Item Agenda Item Action Responsibility Status Date Comments
6 9.0 QWON - Cardboard Recycling / Pick Ups Consider Arrangements for Willowie and Transfer Station Drop Off & Storage
7 10.4 GWB - Cr Nottle - Footpath in front of Bank SA Bank and at end near School
Entrance for Gophers ? AWM to discuss with Cr Nottle
Quality Management Team In Progress
Works Manager
8 10.4 GWB - Cr Nottle - Booleroo Centre main intersection - signage indicating Jamestown
Investigate what signage exists and determine appropriate solution to problem
9 10.4 GWB - Cr Kretschmer - Driveway Access opposite Geoff Zwar's (Bower?) 2 new houses accessing over rail corridor
Material & provide suitable access Actually in Plains Ward - will involve several hundred metres of re-sheeting.
10 13.6 Correspondence - CLGR - Special Local Roads 2009 Indepependent Ranking / Assessment of Roads
11 13.6 Correspondence - CLGR - Special Local Roads 2009 Indicative Cost Estimates & Options
CEO, Wks Mgr & MAS
Works Manager Awaiting Third Party Consideration
CEO, Wks Mgr & MAS In Progress
CEO, Wks Mgr & MAS In Progress
12 20 Other - Port Flinders Water Supply Further Communty Update pending Update from Consultants
Awaiting Meeting Outcomes
13 UL Matter discussed following Council Meeting re Nominations
1 10.4 WB - General Works Business - Cr Pearce Ray Walker letter re Bishop Street Follow Up
2 20 OB - Cr Hodgson - PGPA - Bin Surround for end of jetty Investigate Options and Implement Ordered 6/11/2008
October 2008 Ordinary Meeting of Council
Works Manager
CEO & MAS In Progress
Chief Executive Officer Being Finalised
CEO & Exec Assistant In Progress
1 20.0 OB - Cr Hodgson - Port Flinders Township Street Numbering Undertake necessary processes to implement
1 10.3.10 WB - WMR - Street Light Melrose - Corner of Slee & Whitby Streets
Assess and Arrange Awaiting quotation - verbal advice that likely to cost in the order of $8,500
2 13.4 Correspondence - Mid North Health - Out-clinic Arrangements Re-table Once Response Received
August 2008 Ordinary Meeting of Council
September 2008 Ordinary Meeting of Council
Works Manager
CEO & Exec Assistant
In Progress
Awaiting Third Party Consideration
Rates Administration Officer In Progress
g
p g p
3 20 OB - Cr Hodgson - Motor Home Dump Point at Port Germein Investigate Options
1 3.3.1 COM - Aerodrome Committee - Leasing of Aerodrome Land Seek to Obtain New Lease Agreement
2 10.3.8 WB - Stuart Street Melrose - Parking Proposal Refer to DTEI for Further Comment
July 2008 Ordinary Meeting of Council
CEO & Exec Assistant
CEO & CEDO
Awaiting Third Party Consideration
In Progress
Chief Executive Officer
Works Manager
To Be Commenced
Awaiting Third Party Consideration
3 10.3.8 WB - Stuart Street Melrose - Parking Proposal Community Consideration (Business Houses, MCDA, General Public)
Awaiting Response from DTEI
1 13.5 Correspondence - Mid North Health RHT - Commnity Newsletter Concept
Discuss Concept Further with RHT
2 13.8 Correspondence - Wirrabara Progress Association - Leasing of Former Pony Club Grounds
Prepare and Execute Lease Agreement With Progress for Consideration
3 13 9 Correspondence BJ & MA Storey Lease Request Call for EOIs for Leasing Area
June 2008 Ordinary Meeting of Council
CEO, Wks Mgr & MAS
Chief Executive Officer
Chief Executive Officer
CEO & RAO
Awaiting Third Party Consideration
To Be Commenced
Awaiting Third Party Consideration
I P3 13.9 Correspondence - BJ & MA Storey - Lease Request Call for EOIs for Leasing Area
1 9.0 QWON - Cr Pearce - Museum Transfer Check Progress
2 12.2.2 AM - CEO - Grazing Tenders - Consideration and Selection Finalisation of Arrangements
1 9 0 QWON C K t h U i htl P ti i Wi b I ti d R t Will Add O C ht U
May 2008 Ordinary Meeting of Council
April 2008 Ordinary Meeting of Council
CEO & RAO
Chief Executive Officer
Chief Executive Officer
In Progress
Awaiting Third Party Consideration
Being Finalised
1 9.0 QWON - Cr Kretschmer - Unsightly Properties in Wirrabara Inspections and Reports Will Address Once Caught Up
2 18.3 LI&R - Land Development - Melrose Township Various Implementation Matters Developers appear to have gone somewhat cold on the concept. To be pursued further.
1 12.2.3 AM - CEO Report - Wba Sporting Committee Advise of initial consideration and progress matter to next stage
Response finalised. Awaiting State Govt Response re Land Tenure Issues
March 2008 Ordinary Meeting of Council
February 2008 Ordinary Meeting of Council
Building Inspector
Chief Executive Officer
Chief Executive Officer
In Progress
In Progress
Awaiting Third Party Consideration
1 10.4 GWB - Cr Hodgson - C/Park Flooding Survey work to be undertaken Awaiting work to be done by third partyWorks Manager In Progress
No. Item Agenda Item Action Responsibility Status Date Comments
1 Business Arising - Port Flinders Noticeboard Locking Follow Up Further To Be Followed Up Again
2 9.0 QWON - Cr Pearce - Corella Trailer Design and Purhase Options to use Victorian Trailers to assess what is
January 2008 Ordinary Meeting of Council
Chief Executive Officer
CEO & MAS
Other
In Progressrequired on local trailer being pursued
4 10.4 GWB - Cr Pearce - Road Closures Cost out for subsequent consideration Telstra Road to Tamworth used as example
1 14.7 LGA&D - Child Safe Environments Various Implementation Matters Not a high priority - when time permits
December 2007 Ordinary Meeting of Council
Works Manager
Works Manager
Chief Executive Officer
g
In Progress
Being Finalised
To Be Commenced
1 9.0 QWON - Cr Nottle - Land Division Allotment Size of 1 Ha Report on Requirements and Options for Increasing
Planning Consultant still to provide
2 9.0 QWON - Cr Nottle - Harris' Hill - Dust, Safety and Trucks Driving in middle of road
Look into options for Funding eg Black Spot Options looked into. Nothing really fits. Option of using future Roads to Recovery Funding
3 10.1.1 WB - BA - Appila Road Intersections Hotel Parking - Engineering concept, consultation and implementation
Awaiting on-site discussions with DTEI
4 10.2.2 WB - WC - CLGR - Special Local Roads Submission Costings & Preliminary outline for priority Refer Agenda Report - December 2008 Meeting
November 2007 Ordinary Meeting of Council
Planning Consultant
CEO, Wks Mgr & MAS
Works Manager
Works Managerp g y p yroads for future consideration
g p g
5 12.2.6 AM - CEOs - Port Flinders Water Supply - Individual Consumer Water Supply Agreements
Distribute to water consumers Agreements set up. Will be implemented with project
1 9.0 QWON - Cr Storey Wilmington Pool Committee Arrangements Met with Principal to progress. Short term arrangements being put in place
2 10.3 WM's Report - Wirrabara Parklands Road Commence the various Rededication Processes Ministerial Approval Given - Survey work being undertaken
October 2007 Ordinary Meeting of Council
Works Manager
Chief Executive Officer
Chief Executive Officer
Chief Executive Officer
Being Finalised
In Progress
In Progressundertaken
3 10.4 GWB - Cr Pearce RSL Building Toilet Project Progress Awaiting response from local bodies as to what is ideally required (following Sue Girdham meeting)
4 20.0 Other Business - Cr Nottle - Port Flinders Community Reference Group
Report outlining Concept to be Completed To be finished off when time permits.
Chief Executive Officer Awaiting Third Party Consideration
Chief Executive Officer
Agenda Report – 14th April 2009 3615. ADMINISTRATION MATTERS (CONT.):
15.1 BUSINESS ARISING FROM PREVIOUS MEETING (CONT.)
SMP Reference: Objective 6 Infrastructure & Assets – Developing the Foundation for Our
Future Strategy 3 To Improve and Maintain the overall Quality of Footpath and
Walk / Bike Trail Infrastructure within Townships Action
Elected Members will recall consideration at the December 2008 Ordinary Meeting of Council regarding a proposal to build a joint use cycle / walking trail within the area of the caravan park as part of wider trail development in the vicinity.
A copy of the Agenda Report presented to that Meeting, including the proposal, is
attached for the reference of Elected Members.
The decision of Council at that Meeting was that it agreed in principle with the “Kiss the Sky” proposal as detailed and that the Tourism Development Officer be advised accordingly to allow further consideration and investigation to be undertaken.
These processes have now occurred, including consideration by Council’s Acting Works Manager. The local Greening Australia Officer has also inspected and assessed the proposal within the caravan park, from a native vegetation perspective, and indications are that the proposal is satisfactory.
In light of these matters, the proposal is now re-presented to Council for consideration of a financial contribution towards it.
As detailed in the attachments, the projected cost of the 1 km section within the caravan park / monument area is in the order of $11,500.
Possible funding options from a Council Budget perspective include the Melrose Caravan Park and the Tourism Projects allocation.
Council will need to consider whether it wishes to make a financial contribution
towards the project and if so, determine which Budget lines such a contribution is to be made from.
~~Options:~~ (i) Cr / Cr (ii) Cr / Cr
Agenda Report – 16th December 2008 4512. ADMINISTRATION MATTERS (CONT.):
SMP Reference: Objective 6 Infrastructure & Assets – Developing the Foundation for Our
Future Strategy 3 To Improve and Maintain the overall Quality of Footpath and
Walk / Bike Trail Infrastructure within Townships Action
The attached proposal has been forwarded by the Tourism Development Officer for
the consideration of Council. The proposal has been put forward for funding as part of the Cycle Tourism Masterplan Implementation and includes a project for Melrose called “Kiss the Sky” (refer pages 11 and 12).
As indicated, 1 km of the trail is located on Council land from the caravan park to the monument and the request has been made as to whether Council would consider funding this aspect of the proposal. As detailed in the proposal, the projected cost of this 1 km section is in the order of $11,500. There are a number of potential Budget lines that such a contribution could come from, including the Caravan Park, the Melrose Community Assistance allocation and the Tourism Projects allocation.
Council will need to give due consideration to the funding request and determine
whether it wishes to contribute towards it and if so, indicate an appropriate budget line from which the contribution could be made.
~~Options:~~ (i) Cr / Cr (ii) Cr / Cr
Southern Flinders Ranges Cycle Trail Development Programme: Stage II
6 Stuart St (P.O. Box 106), Melrose South Australia, 5483.
Title Proposal to Develop Cycle Trails for Stage II of the Southern Flinders Ranges Cycle Trail Development Programme.
Employer
Southern Flinders Regional Tourism Authority
Objectives Develop recreational cycle trails with a focus on single-track off-road trails including:
• Surface preparation of trails and trail features
• Construction of new trails
• Upgrading of existing routes
• Production and erection of appropriate signage
• Production of detailed trail maps
Keywords SFR Cycle Trail Development Programme, Stage II, Master Plan, Cycle Tourism Strategy, MTB, Single Track, IMBA, SFRTA.
Confidentiality Confidential
Written by Alastair Smart
Due Date Friday October 31th 2008
Page 2 of 14 OTE Sports Melrose – SFR Cycle Track Development Stage II Oct 2008
APPLICATION TO DEVELOP NEW BIKE TRAILS IN THE SOUTHERN FLINDERS RANGES
INTRODUCTION Over the Edge Sports (OTE) is a recognized international cycle business. The founder Troy Rarick has established a number of businesses and franchises throughout several states in the USA and has expanded this business most recently to Melrose, South Australia, together with Alastair Smart and Richard Bruce. Troy has a long history in sustainable track building and helped develop the IMBA standards. Richard and Alastair attended a full day “Essentials of Track Building” workshop session with Troy on his most recent visit where he was able to impart the key points of building sustainable tracks that are also (importantly) fun to ride. Alastair Smart was raised in Melrose on the grazing and farming property ‘Bartagunyah’. He has a strong passion for, and considerable local knowledge of the Southern Flinders Ranges (SFR). In addition, through sporting activities he has close associations with many local landowners throughout the SFR district. The Phase 1 trails proposed in this document represent only a small element of the potential trails identified and many other landowners have been involved in discussions and have agreed to allow cycle trails through their properties. Richard Bruce was born and raised on a farm in New Zealand. He has been involved in cycling for over 10 years, both road and mountain. He is a passionate traveller and sees cycling as an extension to this. He has travelled extensively through Asia, US, Canada, South America and Europe. He arrived in Australia in 1995 and has continued to travel through Australia whilst working predominately in travel and hospitality. This led him to Melrose, where he and his wife managed the North Star Hotel for 9 months. This experience has enabled both Richard and Kerri to get a great understanding of both the local, and the many tourist’s needs and wants in the Southern Flinders Ranges. Ultimately, it is Melrose the destination that OTE is interested in creating and in building these tracks we are heading in the right direction. Richard currently works for the Australian Sports Commission based in Port Augusta. We are all passionate mountain bikers riding the trails almost daily and always looking to build more tracks and track features, and bringing in more riders to the sport. The tracks we have built in the region to date have received wide commendation from industry professionals and enthusiasts alike with postings on the internet and articles in mountainbiking magazines. As locals investing seriously in cycling in this region we have the added incentive to make these trails successful - to keep the rural communities of the Southern Flinders viable and to help build resilience in our district. We are also intimately aware of the potential of the resources that exist in the area, both natural and cultural. Our regular Sunday rides featured in the Bike SA magazine are well attended by an increasing number of people in the SFR region which gives us a great volunteer resource for trackbuilding projects such as this one.
Page 3 of 14 OTE Sports Melrose – SFR Cycle Track Development Stage II Oct 2008
DESCRIPTION PLANNING IMBA Standards – We have locally been building track for several years now to IMBA standards and have a close relationship with several key IMBA staff. All singletrack we build is built to IMBA standards and graded accordingly Table 1. IMBA Track Difficulty Rating System
Page 4 of 14 OTE Sports Melrose – SFR Cycle Track Development Stage II Oct 2008
Evidence of Support - We have ongoing support from local landowners, Rob and Christine Smart, and Don & Margaret McCallum who have been generous with their land and have enabled cycletourism to get a serious foothold in this region. We have discussed cycletrails with other landowners too and have permission from the next 3 landowners south of Bartagunyah (Haines, Rayner, Waterman). Hopefully, when the weather is cooler and the soil has some moisture come next May we have some trail licence arrangements in place that enable us to construct trails from Bartagunyah to the Bridle Track via this route. Evidence of Permission for Property Access All trails proposed in this tender have the full support and permissions of all landowners concerned.
Page 5 of 14 OTE Sports Melrose – SFR Cycle Track Development Stage II Oct 2008
OVERVIEW OF TRACKS 1. Bartagunyah – Rankine’s Hut, Separation Creek and Horse Gully This 21.5km track will be purpose built along contours linking with existing singletrack (Mawson Loop) already signed on Bartagunyah. It will run past the picturesque Rankine’s Hut and numerous creeks and gullys with views to the sea on the high points. The vegetation is composed of the rare white box, grey box, peppermint box, red gum, blue gum and sugar gums. There are also healthy stands of yacca bushes (Xanthorrhea quadrangulata) and golden wattles with some scrub areas having a healthy understorey of native hop bushes and Allocasuarinas. The targeted users would be cycling enthusiasts and bike riders that are after a weekend’s worth of singletrack riding. The green circle and blue square track already in place is enough for average riders for a weekend but the enthusiasts and fitter riders currently need to repeat rides. This predominantly black diamond track will enable cycle tourists of medium to advanced ability a full weekend of singletrack (and longer when combined with Dons) riding. There may also be riders undertaking the Mawson trail that are looking for a break from cruising the Mawson to get a bit of action for a few days before continuing on. The trails will be built to IMBA standards and there will be a design phase that will bring the collective OTE experience as well as that of key Southern Flinders Rough Rider Bike Club (SFRR) volunteers to ensure they are not only sustainable but importantly, fun trails to ride. The dedicated singletrack area of riding is believed by OTE Sports Melrose to be fundamental for the mountain bike enthusiast who will continue to spread the message that the SFR is a seriously fun mountain bike destination with a programme of ongoing trail development.
Bartagunyah trail – Section 1: Bartagunyah to Rankines to Bealach
Beag – 6km
Page 6 of 14 OTE Sports Melrose – SFR Cycle Track Development Stage II Oct 2008
Bartagunyah trail – Section 2: Bealach Beag to Rankine
Race – 3km
Bartagunyah trail – Section 3:
Rankine Race to Upper Separation
Loop – 5km
Page 7 of 14 OTE Sports Melrose – SFR Cycle Track Development Stage II Oct 2008
Bartagunyah trail – Section 4:
Upper Separation Loop to Horse
Gully to Bartagunyah –
7.5km
Page 8 of 14 OTE Sports Melrose – SFR Cycle Track Development Stage II Oct 2008
Figure 1. Bartagunyah Track – View to Rankine’s Hut Figure 2. Bartagunyah Track – Highland Cow and calf near Bealach Beag
Page 9 of 14 OTE Sports Melrose – SFR Cycle Track Development Stage II Oct 2008
Page 10 of 14 OTE Sports Melrose – SFR Cycle Track Development Stage II Oct 2008
6. Kiss The Sky (D & M McCallum & DCMR) This 5km track will be purpose built along contours linking with existing singletrack (Mawson Loop) already signed on Don and Margaret McCallum’s property in the foothills of Mt Remarkable near Melrose and replacing the unsustainable and heavily eroded walking track up to the Monument. It will link to the well used saddle where the On a Bender trail starts. It will provide breathtaking views and also takes in historic quarries as it leads riders from the McCallum property on to DCMR land at the base of the Monument Hill before countouring up to the monument (1km on DCMR land). This will provide a safe and sustainable walking and riding path for tourists to the town and caravan park. Current access by foot and bicycle is up the bitumen road which is a vehicle only pathway with no verge, shoulder or footpath. The larger predominant vegetation is mainly native hops (Dodonea viscosa angustissima), golden wattles (Acacia pycnantha), Christmas bush (Bursaria spinosa), peppermint box (Eucalyptus odorata), some white box (E.albens) and large red gums ( E. camaldulensis). The targeted users would be the growing numbers of cycling enthusiasts making Melrose a destination where they can ride high quality singletrack cross country trails. The points of difference lie in the environment and trail design features incorporating narrow trails utilizing natural technical features, wood and rock and trees. The trails will be built to IMBA standards and there will be a design phase that will bring in the collective OTE experience to ensure they are not only sustainable but importantly, fun trails to ride as endorsed by Mountain Bike Australia and Australian Mountain Bike Magazines. The dedicated singletrack area of riding is believed by OTE Sports Melrose to be fundamental for the mountain bike enthusiast who will spread the message that the SFR is a seriously fun mountain bike destination (Pictures to come).
Kiss the Sky – 5km D McCallum and DCMR
Page 11 of 14 OTE Sports Melrose – SFR Cycle Track Development Stage II Oct 2008
Finances
Track Title
New Track
Distance (km)
Riding Distance
(km) Signage Cost Labour
Expenses - Fuel car and FE loaders Miscellaneous TOTAL
Bartagunyah - Rankines Hut - Separation Creek - Horse Gully 21.5 21.5 $7,000 $25,500 $1,300 $645 $34,445
Dons - Kiss The Sky 5 5 $2,500 $12,500 $500 $150 $15,650 Note: The 1km section on DCMR land up to the monument represent $11,500 of the costs of the Kiss the Sky Trail due to the need to make it Blue square (wider) and well signed. This may be removed from this proposal and funded separately by DCMR leaving the remaining 4km of Kiss the Sky to be built at a cost of $4,150. Signage Artwork: Karen English – 4C Design 26 Porter Street Parkside SA 5063 08 8271 0484 0416 234 467 [email protected] ABN 57 305 090 280
Page 12 of 14 OTE Sports Melrose – SFR Cycle Track Development Stage II Oct 2008
Signs Examples Figure 1. Small Track Marking Sign Figure 2. Large TrailHead Sign
Page 13 of 14 OTE Sports Melrose – SFR Cycle Track Development Stage II Oct 2008
Page 14 of 14 OTE Sports Melrose – SFR Cycle Track Development Stage II Oct 2008
Risk Management All trails will be built to IMBA standards and signposted with IMBA’s track difficulty rating system. This is designed to reduce the risk of unskilled riders attempting difficult grade trails such as black and double black diamond trails. The judgements of Over the Edge Sports Melrose (OTE) may be affected by future events such as industrial action, business cycles, political and social change and other unforeseeable circumstances, none of which are capable of precise assessment. The work of OTE is undertaken with professional care and diligence BUT, except as to the extent required by law, this work is provided on the condition that you accept that neither OTE nor its agents, servants or consultants, shall be liable to you for any loss or damage, including business loss, loss of profits or other consequential loss or damage arising out of or incidental to the work provided by OTE. Sustainability and Trail Maintenance Even well designed IMBA standard trails require some maintenance as falling limbs and stones may cause hazards on the trails and extreme weather events may also damage the trails in such a way to make them dangerous to cyclists. It is recommended by Over the Edge Sports Melrose (OTE) that a trail maintenance programme is developed to manage these trails, preferably under OTE guidance. A sponsorship system with ownership by local council and businesses is a model that has been used successfully by Over the Edge Sports in Fruita. This may take some time to develop initially but once established it will set the scene for future trails. The SFRR currently undertake regular maintenance of local trails in the SFR under a quarterly Trail Maintenance Programme.
Agenda Report – 14th April 2009 3715. ADMINISTRATION MATTERS (CONT.):
15.1 BUSINESS ARISING FROM PREVIOUS MEETING (CONT.)
SMP Reference: Objective 7 Public Health, order & Safety - Improving Wellbeing Strategy 2 Facilitate the provision of adequate emergency services Action 1 Support the provision of emergency services to the District
Elected Members will recall consideration at the February 2008 Ordinary Meeting of Council when initial correspondence from the Mount Remarkable CFS Group regarding the Wilmington CFS Brigade Station was considered.
A copy of the Agenda Report presented to that Meeting is attached for the reference
of Elected Members.
The decision of Council at that Meeting was that it agreed in principle with the selling or gifting of part or all of Allotment 143 in the Wilmington township to the State Government to build a new CFS brigade facility, subject to further negotiations being undertaken.
A range of potential issues and matters for resolution were identified and provided to the State Government for initial consideration.
The State Government has recently commenced further consideration of the development of the Wilmington CFS Brigade Station and seeks confirmation that Council’s in principle support still exists. Should such be the case, further negotiations and consideration of the identified issues will be undertaken.
Does Council still support, in principle, the proposal?
~~Options:~~ (i) Cr / Cr (ii) Cr / Cr
Agenda Report - 12th February 2008 5013. CORRESPONDENCE (CONT.):
The attached correspondence from Mr Geoff Slee, Group Officer of the Mount
Remarkable CFS Group, outlines the recent history in respect of a new Wilmington CFS Brigade Station.
As detailed in the correspondence, one of the first steps in the process is to secure access
and tenure to suitable land to construct such a facility. The Wilmington Brigade have given this matter some consideration and have identified a preference to have a new facility (should it eventuate) built on the existing site.
The attached map indicates allotments 142 and 143. The land was excluded from the
classification of Community Land during the associated processes approximately five years ago. Whilst owned by Council, parts of it are under lease to the Minister for Emergency Services until 31st May 2023. The "parts" are delineated in the attached GRO Plan 154/2002 as "Building 1", "Building 2", "Access" and "Tower".
There are a whole range of issues that will need to be worked through in relation to this
matter ranging from the public toilets to CWMS connections, to Council's plant and equipment storage.
What is sought at this stage is an indication from Council whether it would be prepared
to, subject to working through the wide range of issues, selling or gifting part or all of the land to the State Government to build a new facility.
If such an indication is given, the various processes can be commenced to begin
working through the issues.
~~Options:~~
(i) Cr / Cr
(ii) Cr / Cr
Agenda Report – 14th April 2009 3815. ADMINISTRATION MATTERS (CONT.):
15.2 CHIEF EXECUTIVE OFFICER'S REPORT
15.2.1 MONTHLY ACTIVITIES REPORT
Subject: March 2009 Report By: Chief Executive Officer Report Date: 08/04./2009 File Reference: No File Action: No - Information Only Attachments: No
Monthly activity reports are attached for the information and reference of Elected
General Admin - Incoming Mail etc 15.25General Admin - Phone Calls / Messages / Emails 26.00General Admin - Other 9.00
Dog & Cat Management
19 44
20 45
21 46
22 47
23 48
24 49
25 50
Summary Totals Hours %
Waste Management
Works Matters NEC 2.75
Training - Others 0.25Travel & Entertainment - Travel 29.75Travel & Entertainment - Other 1.25
Training - Self
Human Resources 24.75Information Technology 23.25Leave - Annual
Governance - Minutes, Media & Actions 7.25Governance - Regional Matters 10.25Governance - Other 24.25
Governance - Meetings (Council) 2.00
Total Hours Worked
Total Hours on Leave / Public Holidays
Total Hours
Total Hours Paid
Total Hours Given
Total Hours Considered to be a 'Productive Use of Time'
Total Hours Worked on Daily Top 10 Priorities
290.25
97.69
91.63
84.37
167.20 51.57
48.43
267.25
y
157.05
316.75
7.50 2.31
324.25 100.00
Total Hours Worked on Daily Top 10 Priorities
Number of Working Days 22.00
84.37267.25
Agenda Report – 14th April 2009 3915. ADMINISTRATION MATTERS (CONT.):
15.2 CHIEF EXECUTIVE OFFICER'S REPORT (CONT.)
15.2.2 WEEKLY COMMUNIQUÉS
Subject: Since March Meeting Report By: Executive Assistant Report Date: 07/04/2009 File Reference: GDS 9.33.3 Action: To Be Determined Attachments: Yes
SMP Reference: Objective 2 Administration and Finance - Accountable, Secure and
Sustainable Organisation Strategy 1 Develop, Implement and Foster a Continuous Improvement
Philosophy Throughout the Council Elected Member Weekly Communiqués issued since the last Ordinary Meeting of Council are attached. These Communiqués are:- Week Ending 13th March 2009 Week Ending 20th March 2009 Week Ending 27th March 2009 Week Ending 3rd April 2009
Do any Elected Members have any questions or comments regarding any of the items
included within these Communiqués?
District Council of Mt Remarkable
PO Box 94, Melrose SA 5483 Tel: 08 8666 2014 Fax: 08 8666 2169 CEO Contact Details Mobile 0427 663 333 A/H Tel 08 8667 2457 A/H Fax 08 8667 2068 Email: [email protected]
ELECTED MEMBER WEEKLY COMMUNIQUÉ Week Ending Friday 13th March 2009
To: Mayor All Elected Members QMT
From: Chief Executive Officer
1. Works Matters
2. Finance Matters
3. Administration Matters
3.1 Chief Executive Officer’s Items
3.2 Manager Administration Services’ Items
3.3 C & ED Officer’s Items
3.4 Other Administration Items 3.4.1 Circular from Finance Officer – Update of Map Folder
4. Correspondence
5. Local Government Department and Associations 5.1 Circular 11.1 – Nation Building and Job Plan 5.2 Circular 11.4 – Regional Development Australia Key Issues Paper 5.3 LGA News – Issue 117, March 2009 5.4 At a Glance – Issue 15, March 2009
6. Environmental Health Matters
7. Planning & Development Matters
8. Other Matters 8.1 Central Local Government Region of SA – Monthly Newsletter, February 2009
District Council of Mt Remarkable
PO Box 94, Melrose SA 5483 Tel: 08 8666 2014 Fax: 08 8666 2169 CEO Contact Details Mobile 0427 663 333 A/H Tel 08 8667 2457 A/H Fax 08 8667 2068 Email: [email protected]
ELECTED MEMBER WEEKLY COMMUNIQUÉ Week Ending Friday 20th March 2009
To: Mayor All Elected Members QMT
From: Chief Executive Officer
1. Works Matters
2. Finance Matters
3. Administration Matters
3.1 Chief Executive Officer’s Items
3.2 Manager Administration Services’ Items
3.3 C & ED Officer’s Items
3.4 Other Administration Items
4. Correspondence 4.1 Southern Flinders Ranges Development Board Minutes Tuesday 3rd March 2009 4.2 Thank You Letter – Annette and John Battersby 4.3 Thank You Letter – Wilmington Kindergarten
5. Local Government Department and Associations 5.1 Local Government Association Mutual Liability Scheme 5.2 Australia Local Government Association 2009 National General Assembly of Local
Government – call for motions 5.3 Key Issues Paper (Circular 11.4)
6. Environmental Health Matters
7. Planning & Development Matters
8. Other Matters
District Council of Mt Remarkable
PO Box 94, Melrose SA 5483 Tel: 08 8666 2014 Fax: 08 8666 2169 CEO Contact Details Mobile 0427 663 333 A/H Tel 08 8667 2457 A/H Fax 08 8667 2068 Email: [email protected]
ELECTED MEMBER WEEKLY COMMUNIQUÉ Week Ending Friday 27th March 2009
To: Mayor All Elected Members QMT
From: Chief Executive Officer
1. Works Matters
2. Finance Matters
3. Administration Matters
3.1 Chief Executive Officer’s Items
3.2 Manager Administration Services’ Items 3.2.1 Marketing Opportunities for South Australian Tourism Operators
3.3 C & ED Officer’s Items
3.4 Other Administration Items
4. Correspondence
5. Local Government Department and Associations 5.1 LGA Circular 12.5 – NRM Levy Report 5.2 Presidents Message March 2009 5.3 LGA Circular 12.4 - Local Government Research & Development Scheme – Draft 2009
Annual Business Plan 5.4 LGA Circular 12.10 - Proposed Amendments to Local Government Act 1999 – LGA
Submission to Manager 5.5 LGA Circular 12.8 - Development Bonds 5.6 LGA Circular 12.9 - Local Government Accountability Proposals Paper – LGA Submission
to Minister
6. Environmental Health Matters
7. Planning & Development Matters
8. Other Matters
District Council of Mt Remarkable
PO Box 94, Melrose SA 5483 Tel: 08 8666 2014 Fax: 08 8666 2169 CEO Contact Details Mobile 0427 663 333 A/H Tel 08 8667 2457 A/H Fax 08 8667 2068 Email: [email protected]
ELECTED MEMBER WEEKLY COMMUNIQUÉ Week Ending Friday 3rd April 2009
To: Mayor All Elected Members QMT
From: Chief Executive Officer
1. Works Matters
2. Finance Matters
3. Administration Matters
3.1 Chief Executive Officer’s Items 3.1.1 Media Release
3.2 Manager Administration Services’ Items
3.3 C & ED Officer’s Items
3.4 Other Administration Items
4. Correspondence 4.1 Hon Gail Gago MLC – Revoking the Classification of Land as Community Land
5. Local Government Department and Associations 5.1 LGA Circular 13.3 – CWMS Forum 5.2 LGA Circular 13.4 – National Building Economic Stimulus Plan 5.3 LGA Circular 13.6 – Climate Change Update 5.4 LGA Circular 13.8 – Australian Law Reform Commission’s Privacy Inquiry 5.5 LGA Circular 14.1 – Nominations Sought for Coastal Protection Board Local Government
Advisory Committee 5.6 LGA Circular 14.3 – Sale of Vehicles on Public Roads 5.7 LGA News 5.8 LGA at a Glance – Issue 16, April 2009
6. Environmental Health Matters
7. Planning & Development Matters
8. Other Matters
Agenda Report – 14th April 2009 4015. ADMINISTRATION MATTERS (CONT.):
Objective 6 Infrastructure and Assets – Developing the Foundation for Our Future
Strategy 8 Facilitate the development of sustainable water supplies and management practices.
Action 4 Upgrade the Wilmington CWMS to re-use standards Objective 4 Lifestyle and Innovation – Building Communities and Fostering
Creativity Strategy 1 Assist our communities to develop and promote individual
strengths, to grow a “sense of place” Action 5 Facilitate the development of Urban Design Master Plans for
each of our main towns
Elected Members will be aware of the Community Information session conducted in Wilmington on Tuesday 17th March 2009 regarding two projects, namely the upgrading of a section of the Main Street and the upgrade of the Wilmington Community Wastewater Management (CWM) Scheme to a re-use standard.
A copy of the consultation fliers distributed to all householders in the township is
attached for the information and reference of Elected Members.
The forum was well attended with approximately 30 members of the public present. As noted in the consultation fliers, written submissions were also allowed for and requested by 31st March 2009.
Three (3) formal submissions were received and these are attached for the consideration of Elected Members.
The submissions, and the clearly illustrated views of the Community at the forum,
were supportive of both projects. Background information on both projects has been provided for Elected Members in
previous Agenda Reports and should be referred to by Elected Members if needed. Both projects are included within the Budget for the current financial year and are
consistent with the Strategic Management Plan
In light of the submissions and the forum outcomes, Council will need to consider the two projects and formally determine whether to proceed.
Agenda Report – 14th April 2009 41 ~~Options:~~ (i) Cr / Cr (ii) Cr / Cr
Agenda Report – 14th April 2009 4215. ADMINISTRATION MATTERS (CONT.):
15.2 CHIEF EXECUTIVE OFFICER'S REPORT (CONT.)
15.2.4 WILMINGTON CWA BUILDING
Subject: Memorandum of Transfer Report By: Chief Executive Officer Report Date: 08/04/2009 File Reference: Wtn 626 FP 184708 Action: Yes Attachments: No
SMP Reference: Objective 7 Public Health, Order & Safety - Improve Wellbeing Strategy 3 Maintain Public Health, Order & Safety Action 4 Ensure that Communities have access to adequate medical
facilities and visiting General Practitioners
In May 2007, Council formally approached the Country Women’s Association (CWA) offering to receive ownership and responsibility for the CWA’s property in Wilmington on a similar basis to that under which the Booleroo Centre facility was gifted to Council.
Internal processes continued over the ensuing months and in October 2008, the
CWM State Council met and formally agreed to transfer the asset to Council.
The CWA have now prepared the required legal documents to facilitate the transfer to Council and have forwarded same to Council for formal execution.
Council will now need to authorise the Mayor and Chief Executive Officer to sign
and execute the required transfer documents.
Recommendation: That Council authorise the Mayor and Chief Executive Officer to sign and affix the
Common Seal of Council to the necessary documentation to facilitate the transfer of Lt 626 FP 184708 in the Wilmington Township from the South Australian Country Women’s Association to Council.
~~Options:~~ (i) Cr / Cr (ii) Cr / Cr
Agenda Report – 14th April 2009 4315. ADMINISTRATION MATTERS (CONT.):
Subject: March 2009 Report By: Manager Administration Services Report Date: 06/04/2009 File Reference: No File Action: No – Information Only Attachments: Yes
Monthly activity reports are attached for the information and reference of Elected
Project Management - Black Spot R/Way Crossing 2.50
Project Management - Pt Flinders Walking Trail
Project Management - Solar Light Lifting Frame 2.25Project Management - Other
Project Management - Shed Fitout 2.25
Liaison - Other 2.25Northern Passenger Transport
Leave - Public Holiday 8.00
Liaison - Other Staff 4.00Liaison - Senior Management 9.50
Leave - Sick & Family
Liaison - Community 3.00
Total Hours Worked
Total Hours on Leave / Public Holidays
Total Hours
Total Hours Paid
Total Hours Given
Total Hours Considered to be a 'Productive Use of Time'
Total Hours Worked on Daily Top 10 Priorities
218.25
96.65
94.48
90.80
167.20 69.96
30.04
209.75
y
71.80
231.00
8.00 3.35
239.00 100.00
Total Hours Worked on Daily Top 10 Priorities
Number of Working Days 22.00
90.80209.75
Agenda Report – 14th April 2009 4415. ADMINISTRATION MATTERS (CONT.):
15.4 COMMUNITY & ECONOMIC DEVELOPMENT OFFICER’S REPORT
15.4.1 MONTHLY REPORT
Subject: March 2009 Report By: Community and Economic Development Officer Report Date: 02/04/2009 File Reference: No File Action: No - Information Only Attachments: No
The attached report from the Community and Economic Development Officer
outlines her activities etc for the period.
COMMUNITY AND ECONOMIC DEVELOPMENT OFFICER REPORT GENERAL REPORT Subject: March 2009 Report By: Muriel Scholz, CEDO Report Date: 02/04/09 File Reference: No File Action: No - Information Only Attachments: No Meetings:
With Date About Outcomes Annette Battersby 11 March Anglican Church
renovations Will inform if any grants are available
CWA 11 March Use of CWA building for medical practice
Apply for Rural Health Infrastructure Grant to upgrade medical facilities in Wirrabara, Wilmington and Melrose
Nikki Aspinall 12 March Set up new engineering workshop near Murray Town
Referral to Mark Arnold, Ausindustry and Craig Blieschke, SFRDB. Investigated 3 phase power with ETSA and referred to appropriate person
Dawn Stevens 13 March Wirrabara Institute Medical rooms to be included in Health Infrastructure Grant
Port Germein Progress Association
18 March Revised role of FRACC
General update
Management Challenge
19 March
David Hill 20 March Affordable housing concept
Sourced information Referred to Housing SA Following up for future projects
Marie Johnson Hickory Grove
21 March Tourism grants Sourced possible grant and offered help with
application Marie Storey
23 March Wilmington RV town status& dump point
Application drawn and lodged
Affordable Housing Dept
25 March Overview of project Future development possibilities
Big Smart Water Conference
25 March Water reuse and reclaiming
In line with RLCIP projects
Willowie Hall Committee, Ron Asheden, Ann Frick
27 March RLCIP project (Cemetery Wall)
Development and conditions discussed
Paul Marner 30 March Wirrabara kitchen Development plan approved and starting date decided
Workshop on SA Local and Regional Recreation and Sporting Facilities
31st March Issue paper for LG Issues facing LG identified and discussed. Draft paper to be issued early May identifying key issues and possible solutions
“beactive” Management Committee
31st March Resignation of coordinator and replacement process Regional promotion funding allocated
Chris Blackmore, Laura Solar and Water
2 April Melrose camp kitchen Solar panels costs Grants and rebates available
New Grants and projects:
Grant Applicant Funding body
About Amount requested
Action
Dump ezy Wilmington
Council Campervan Motorhome Club
Instally Dump ezy facilities at Wilmington Centennial Park
$1320 Lodged and approved
Wilmington Friendly Town
Council Campervan Motorhome Club
Obtain “RV friendly Town” status for Wilmington
N/A Lodged and approved
Volunteer Training
Council Office for Volunteers
One day training 5th May for volunteers
$1300 Approved
Career SFRDB SAWorks Provide a $40,000 In progress
development counselling
in the regions
regional service helping with job applications and resumes
Upgrade of medical facilities
Council NRRHIP Upgrade medical facilities at Melrose, Wilmington and Wirrabara
$220,000 (approx)
In progress
Projects updates: Project name Activity
Port Flinders Walking Trail Planning Project
Designed final consultation process in conjunction with EDS consultants. Questionnaires and proposed map of the walking trail sent to all ratepayers
Port Germein Acoustic Hall
Completed financial acquittal. Written final report in conjunction with Kristina Mudge
Melrose Camp Kitchen
Finalising designs, getting quotes and organising materials
RLCIP 1st round Port Germein Goods Shed Upgrade
Liaised with Progress association and discussed heritage requirements
Melrose Showground complex upgrade
Colourbond for pergola and café blinds. Development application needed
Hammond Verandah
Progress Association contacted, will appoint builder. Development application approved
MurrayTown toilets upgrade
Progress Association contacted, will order materials and organise working bee
Melrose Masonic Lodge Ceiling-
Committee organising an electrician and builder for the upgrade
Willowie Cemetery wall
Committee looking at possible designs and marking area
Melrose Community Development Association
Committee presented plans to Council CEO, CEDO and Cr Pearce
Grant Applications Summary 2009 Calendar Year: Assistance with applications (Community)
Number applications this month: 1 $value of applications this month: $ 40,000 Number applications YTD: 5 $value of applications YTD: $ 67,800 Number successful applications to date: 0 $value of successful applications to date: $0 (All applications pending)
Applications (Council)
Number applications this month: 3 $value of applications this month: $222,620
Number applications YTD: 10 $value of applications YTD: $2,518,780 Number successful applications YTD: 3 $value of successful applications YTD: $48,120
Agenda Report – 14th April 2009 4515. ADMINISTRATION MATTERS (CONT.):
15.5 BE ACTIVE FIELD OFFICER 15.5.1 MONTHLY REPORT
Subject: March 2009 Report By: be active Field Officer Report Date: 07/04/2009 File Reference: No File Action: No - Information Only Attachments: Yes
The attached report from the be active Field Officer outlines his activities etc for the
The Hall Separate Rate, initially commenced in the 2004 / 2005 financial year was a Separate Rate levied against parts of the Council area in an attempt to provide funding to the Halls within the Council area for structural and maintenance repairs. The Separate Rate was set to raise $25,000 per financial year to be distributed between the five (5) major Halls in Booleroo Centre, Melrose, Wilmington, Wirrabara, Port Germein ($4,000) each and the smaller Halls in Appila, Bruce, Hammond, Murray Town and Willowie ($1,000) each.
This Separate Rate was set for a period of five (5) years and therefore has reached its final year this financial year.
Staff require a preliminary direction from Council about continuing on with the levy and seek their endorsement to include such a proposal in the draft Annual Business Plan for the required public consultation.
~~Options:~~ (i) Cr / Cr (ii) Cr / Cr
Agenda Report – 14th April 2009 4716. CORRESPONDENCE:
SMP Reference: Objective 6 Developing the Foundation for Our Future Strategy 2 Enhance Council roads infrastructure and management Action 6 Actively lobby for the continuation of the Roads to Recovery program
The attached correspondence from the Hon Anthony Albanese MP, Commonwealth Minister
for Infrastructure, Transport, Regional Development and Local Government, advises Council of its funding allocation under the third Roads to Recovery Program commencing in July 2009 over four years.
As noted in the correspondence, Council will receive $1,326,834 under the program.
A listing of the allocations for all South Australia Councils is attached for the information and reference of Elected Members. For comparison, Council received $985,079 under the initial Roads to Recovery program and $938,874 under the second program. Depending on what projects Council determines that it will undertake, it may be practical to straddle them over the end of one financial and the beginning of the next. Council will need to begin thinking about project options so that once the program guidelines are released, projects can be identified etc. ~~Options:~~
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District Council of Mount RemarkableMinutes Database - Council Meeting Minutes
Year: 2008
Minute: 2008:177
MB Page: :7731
Minute Desc: Recind Motion 154.2008, continue priority of sealing major township roads and Wirrbara considered first Roads to Recovery 3 priority.
Agenda Item: :4.1#
Description. Notice of Motion - CrMA Storey - Roads to Recovery 3
Last Updated March 2006
Version IV
M.S. Storey
W.E. Hodgson
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That Council rescind motion 154.2008 under General Works Business (Item 10.4) at the August Meeting of Council; and
That in relation to the next allocation of Council’s Road to Recovery Funding (Round 3) that Council continue its priority of sealing all major townships, also considering our smaller townships and that Wirrabara would be considered the first priority when allocating funding.
Agenda Report – 14th April 2009 4816. CORRESPONDENCE (CONT.):
16.2 BOUNDARY ADJUSTMENT FACILITATION PANEL
Subject: Proposal Decision Report By: Chief Executive Officer Report Date: 07/04/2009 File Reference: Working File Action: No - Information Only Attachments: Yes
SMP Reference: Objective 1 Governance - Respected, Responsive, Open & Effective Leadership Strategy 6 Be a leading Local Government authority, rather than a follower, which
is highly recognised and regarded by other Councils and the State and Commonwealth Governments
Action 5 Regularly investigate & consider possible boundary extensions
The attached correspondence from Ms Margaret Wagstaff, Chair of the Boundary Adjustment Facilitation Panel, provides Council with the outcome of the Panel’s recent consideration of the Public Initiated Submission to alter this Council’s boundaries.
As noted in the correspondence, the Panel have determined that there was not likely to be sufficient support to justify the formulation and consideration of a proposal and accordingly, determined that the proposal should lapse.
A copy of the media release as issued by the Panel regarding its decision is also attached for
the information and reference of Elected Members.
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Agenda Report – 14th April 2009 4916. CORRESPONDENCE (CONT.):
16.3 PRÉCIS OF CORRESPONDENCE
Subject: March 2009 Report By: Administration Trainee Report Date: 08/04/2009 File Reference: No file Action: No - Information Only Attachments: Yes
Agenda Report – 14th April 2009 5017. LOCAL GOVERNMENT DEPARTMENT AND ASSOCIATIONS:
17.1 LGA CIRCULAR 11.4
Subject: Regional Development Australia Report By: Chief Executive Officer Report Date: 07/04/2009 File Reference: GDS 10.3.2.1 Action: Yes Attachments: Yes
SMP Reference: Objective 1 Respected, Responsive, Open and Effective Leadership Strategy 5 Promote a positive image of Council Action 3 Maintain membership of and active involvement in the South Australian
Local Government Association and associated state level activities and projects.
The attached Circular from the Local Government Association of South Australia (LGA)
provides Council with a general update on the development of a draft Memorandum of Understanding (MoU) regarding the integration of Regional Development Australia and Regional Development Boards.
A key issues paper prepared by the LGA is also attached regarding the matter, on which
comment is sought by the LGA from Council.
Also attached is a copy of the draft Notes from a Central Region forum held last week on the matter.
It is also specifically noted that at this time, the draft MoU has not been provided to Councils
or the Regional Development Boards for consultation purposes. The Mayor and Cr Pearce may like to speak further to this matter at the meeting, given their
involvement and roles with the Southern Flinders Regional Development Board.
Do Elected Members have any views that they wish to convey to the LGA regarding this matter?
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Regional Development Australia Key Issues Paper - Circular 11.4
ToChief Executive Officer Economic Development and Tourism Staff Elected Members
This Circular provides an update on the development of the draft Memorandum of Understanding (MoU) between the spheres of Government regarding the integration of Regional Development Australia with Regional Development Boards and identifies a number a key issues for Local Government to consider and provide urgent officer level comment to the LGA by 24 April 2009.
Further to LGA Circular 48.8 of 2008, and the "in principle" agreement by the Commonwealth Government, State Government and the LGA regarding the proposal by Parliamentary Secretary Gary Gray, negotiations between the three spheres of Government via an intergovernmental working group have continued since late December 2008, based on Mr Gray's proposal for 8 merged RDA structures in SA.
While the LGA had initially envisaged being in a position by mid-February to consult with Councils about a draft Memorandum of Understanding (MoU) or any proposal to integrate Regional Development Australia with Regional Development Boards, negotiations between the Intergovernmental Working Group have taken longer than expected. However negotiations are continuing to proceed in a positive manner and it is anticipated that a draft MoU, intended to be signed by Parliamentary Secretary Gary Gray, the new appointed South Australian Minister Paul Caica, and LGA President Mayor Joy Baluch, will be approved by the Intergovernmental Working Group for consultation with Councils soon.
To assist Councils, the LGA has prepared a key issues paper as part of its initial consultation process with Councils. The LGA has identified a number of key areas for Local Government to consider and is now seeking urgent comment from Councils by 24 April 2009. The Key Issues Paper will be attached to this Circular by COB Friday, 13 March 2009.
The MoU is intended to be seen as an enabling document rather than a long-term agreement about programs. Once the three spheres of Government represented by the Intergovernmental Working Group approve the MoU for consultation, the LGA will coordinate a process for Local Government to provide feedback on the MoU and where possible include these comments in the final MoU.
In relation to Metropolitan Adelaide, the LGA is convening, in line with a resolution of the Metropolitan Local Government Group, a working party to consider an RDA structure. This will include representation from the existing Adelaide Metropolitan Area Consultative Committee (AMACC) and metropolitan Council CEOs along with the LGA, Commonwealth Government and State Government.
If you would like further assistance or clarification please contact either Chris Russell (8224 2030 / [email protected]) or Ryan Viney (8224 2049 / [email protected]) at the LGA.
Councils are encouraged to provide comment on the Key Issues Paper to Ryan Viney at the LGA [email protected] by no later than 24 April 2009.
This is a printer friendly version of the following web page:- http://www.lga.sa.gov.au/site/page.cfm?u=191&print=1&C=17405
DME 46262 – Key Issues Paper issued with LGA Circular 11.4 of 2009
KEY ISSUES PAPER
MEMORANDUM OF UNDERSTANDING FOR THE FORMATION OF REGIONAL DEVELOPMENT AUSTRALIA
This issues paper outlines the key aspects of a proposed Memorandum of Understanding (MOU), which is a high level commitment by the Australian and State governments and the Local Government Association SA (the Parties) to develop Regional Development Australia (RDA) in SA. Once endorsed by the Parties negotiations can commence on the transition plan, which will include boundaries, office locations and funding agreements. Background The Australian Government’s proposal for Regional Development Australia (RDA) as outlined by the Parliamentary Secretary for Regional Development and Northern Australia, Hon Gary Gray MP, would see 8 new RDA Committees created in SA. For country areas this will require the transition of the existing 4 regional Area Consultative Committees (ACCs) and 13 Regional Development Boards (RDBs), to form 7 RDA Committees based on the South Australian Government Regions. The Adelaide Metropolitan ACC (AMACC) would become RDA Adelaide with its boundary aligned to include the four metropolitan Adelaide South Australian Government Regions. The existing RDBs are currently jointly funded by State and Local Government which totals more than $6 million (including operational and specific service funding). The existing ACC network receives approximately $1.4m in operational funding from the Commonwealth. The SA Government Regions were established in 2006/07 based in country SA on regional LGA boundaries. The existing metropolitan arrangements do not involve any State or Local government funding and none is proposed. The Local Government Association of SA State Executive Committee (and both its SAROC committee and the Metropolitan Local Government Group) has endorsed this proposal for consultation with Councils. The potential to integrate the key regional resource investment of all three spheres of government so as to enhance the delivery of programs and services to local communities and reduce administrative duplication to maximise funding provided to directly benefit local communities, have been identified as key opportunities in proposed new arrangements. As a result the three spheres of government are negotiating a Memorandum of Understanding to clarify the objectives, processes and conditions for the new arrangements. This issues paper has been provided to assist Councils to be clear about the proposal and to provide feedback to the LGA on key issues and to assist in identifying transitional issues where support may be required. The paper covers the key issues embodied in the MOU. Role of Regional Development Australia The proposed MOU outlines the role of RDA Committees as to:
• cooperate to improve the coordination and delivery of regional development initiatives;
• deliver strategic input into national programs and help co-ordinate development initiatives at the regional and local level;
• work with all levels of government as a key link organisation to empower communities in regional development activity;
DME 46262 – Key Issues Paper issued with LGA Circular 11.4 of 2009
• provide advisory and support services to business and State and Local governments and the Australian Government in the RDA region;
• provide independent advice to government on the efficacy of the delivery of policies and programs across all levels of government;
• consult and provide advice on issues confronting regional Australia; and • provide a shop front for the business development services by the RDA network.
Historically ACCs played a substantially different role than that proposed for the new RDA network. In the past the ACCs played an important advisory role in relation to project funding largely for projects which would not be captured by mainstream government programs or arrangements. The new organisations will not play a role in advising on the distribution of Commonwealth funding for the Regional and Local Community Infrastructure Program. The above role statements which incorporate the Australian Government’s proposals would give a broader role for RDA Committees than is currently the case for the existing Regional Development Boards (RDB’s), which are more tightly focused on jobs and investment growth. Such broader roles may create political implications for both State and Local government unless appropriate protocols are in place particularly regarding any public role for the new organisations. Regional Development Boards also provide a range of direct services to local and regional businesses. It is proposed that the current resourcing and the current location of the “shop front” services provided by the boards will not change during the life of the agreement/program. It is not proposed to make any changes to Business Enterprise Centre arrangements involving Commonwealth, State and Local government funding in the metropolitan area or to integrate them with new RDA arrangements. Funding The State and Australian Governments have indicated they will commit the total annual existing funding amounts provided to both the Regional Development Boards Program and the Area Consultative Committees, to the funding agreement to be negotiated with each new RDA Committee. However the distribution on these funds between the 8 new bodies (for the Commonwealth – and the 7 country ones for the State) will need to be addressed as part of the transitional plans. It should be noted that given the proposed guarantees regarding resources for “shopfront” services and the need for some form of weighting to reflect the regional boundaries, that any review of the distribution of resources would only impact on “base” funding arrangements. It should also be noted that there is no proposal for the State or Local Government to contribute to the proposed new Adelaide RDA. Boundaries Details of boundaries for each RDA Committee are not included in the draft MOU. These will be agreed in the transition plan to be negotiated once the MOU is endorsed by the Parties. The Australian Government is proposing that the thirteen Regional Development Boards and five Area Consultative Committees transition into eight integrated organisations based around the State’s Policy on Service Delivery Regions (Adelaide plus 7 - with Fleurieu and Adelaide Hills State regions combined). This would be more consistent with Local Government regional boundaries and create greater opportunities to link with State agencies within a region. Maps of the State regions can be found at: http://www.planning.sa.gov.au/go/SAGovernmentRegions.
DME 46262 – Key Issues Paper issued with LGA Circular 11.4 of 2009
The State Government Regions were introduced in 2007 after extensive consultation with Local Government to allow uniform planning and uniform delivery of State Government services. State arrangements not complying with these boundaries are meant to be aligned by mid-2009. The LGA has endorsed the approach in principle but is keen to have feedback from any individual Councils on this aspect of the proposal. We believe the Commonwealth would not agree to more than 8 regions for SA. As it is State Government policy, we suspect the SA Government would be extremely reluctant to vary its regions – other than the alignment proposed for the Adelaide Hills and Fleurieu regions. We would appreciate feedback on this aspect of the proposal. Branding A key issue for consideration by Councils/regions will be the names and branding for the new bodies as it may have an impact on existing “brands”. Combined, State and Local Government will be providing in the order of five times the level of funding provided by the Australian Government. Councils will need to determine if there is an element of goodwill associated with the existing Regional Development Board “brand” or whether this is an appropriate time to consider a change. The Commonwealth is committed to Regional Development Australia as the national ‘lead’ brand but may be open to the concept of a localised name as long as required Commonwealth branding (e.g. “A Regional Development Australia Committee”) and recognition of funding partners is included appropriately on letterheads and other appropriate places. Timeframe The timeframe proposed by the Australian Government is to have the SA RDA network operational by 1 July 2009, with a transitional period leading into the 1 July date. The transitional plan developed by the Parties once the MOU is signed will detail how this will be achieved. The consultation period for this paper has been set at 6 weeks (ie by 24 April) and this would in itself impact on the proposed Commonwealth timeframes. Council’s views are sought regarding proposed implementation timeframes. Transition As noted, the transition plan will be developed by the Parties (Australian and State governments and the LGA) once the MOU is signed. The proposed transition from 13 RDB’s and 4 ACC’s in country SA to 7 new organisations will require extensive planning and support. It would assist if Councils have identified key transitional issues from their perspective. Issues such as the transfer of assets and liabilities, the composition and appointment of board membership for the new organisations as well as the appointment of the Chairperson will need to be considered by he parties. This will be used to inform the development of the transition plan. Comment If you would like further assistance or clarification please contact either Chris Russell (8224 2030 / [email protected]) or Ryan Viney (8224 2049 / [email protected]) at the LGA. Councils are encouraged to provide comment on the Key Issues Paper to Ryan Viney at the LGA [email protected] by no later than 24 April 2009.
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Notes from the Regional Development Australia Key Stakeholder Workshop – Central Local Government Region, held Friday 3rd April 2009 at the DTEI
Conference Room, Crystal Brook commencing 2.00 pm 1. Present & Apologies Present: Mayor James Maitland & Phil Barry (Wakefield Regional Council), Mayor Trevor
Roocke & Sean Cheriton (DC Mt Remarkable), Keith Hope (Northern Areas Council), Ian Wilson & Cr Kathie Bowman (DC Orroroo Carrieton), Mayor Max McHugh & Colin Davies (Flinders Ranges Council), Terry Barnes (DC Peterborough), Mayor Ray Agnew & Ricki Bruhn (DC Yorke Peninsula), Nigel Hand (DC Barunga West), Greg O’Connor (DC Copper Coast). Mark Malcolm (Southern Flinders RDB), Jerry Johnson (Northern RDB), Warwick Welsh & Ian O’Loan (Yorke RDB), Anne Moroney (BLD), Helen Smith (Sturt ACC), Mark Cant (Flinders ACC).
Apologies: Kelly Anne Saffin & Kay Mathias (Mid North RDB), Damien Moloney (DC Mallala), David Morcom (Barossa Council), Richard Michael (Light Regional Council), Roy Blight (C&GV Council), John Brak (RC Goyder).
Observers: Anita Crisp (CLGR), Paul McInerney (DTEDRegional Manager, Mid North/Yorke). External Facilitator: Janet Binder 2. Context & Background Central Local Government Region Council CEO’s forum in December 2008 agreed that
members of the CLGR Executive Committee, Council CEO’s and Development Board/ACC representatives should meet in January to discuss options and to consider MOU implications when draft is available.
To date a draft MOU has not been released by the negotiating team (comprising State & Federal Government representatives and the LGA) for consultation.
The LGA has released a discussion paper to Councils which is noted as containing the key issues within the draft MOU. Feedback is now being sought from Councils on the discussion paper – closing 24th April 2009.
At its March 2009 meeting, the LGA State Executive Committee also endorsed the resolution from SAROC that the LGA Secretariat:
1. ‘…consult with Councils regarding Regional Development Australia proposals whether or not
agreement is reached regarding the release of the draft MOU between the three spheres of Government…’ and;
2. ‘…provide all Councils with a copy of the proposed final MOU regarding the establishment of Regional Development Australia for a minimum consultation period of 6 weeks and delegate to the LGA President and Executive Director the authority to subsequently sign the MOU with the relevant Commonwealth and State Ministers, subject to their satisfaction that it adequately reflects Council feedback…’
A Council workshop forum on Regional Development Australia is also proposed by the LGA in
conjunction with the General Meeting on 23/24 April in Adelaide. Objective of forum today is to clarify current position and thinking of Councils and partners on
the proposed formation of Regional Development Australia and ascertain any key areas of common agreement across Councils that can assist the Central Local Government Region in reinforcing Council submissions to the LGA.
Ian O’Loan, Chair of Yorke Regional Development Board and also Chair of Regional Development SA advised the forum of his recent meeting with the new Minister for Regional Development, Paul Caica.
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Key issues of discussion included transitional arrangements, boundaries, resource agreement and funding implications, along with the need for local appointments to the new RDA boards.
3. Key Issues for Discussion Imperative to maintain a close working relationship with the local community in any new
structure or arrangement Boundary readjustment under proposed RDA not completely clear or necessarily supported by
Councils. Flinders Ranges, Peterborough, Orroroo Carrieton and Mallala Councils will need to realign
current funding and RDB boundaries. Needs to be a compelling reason for the change, including same or better financial and on-ground support services.
o Flinders Ranges Council – whilst remaining as part of the Central Local Government Region of Councils will become part of the Northern SASP Region.
o Peterborough – can see no good reason to move out of the Northern RDB region. Noted that many of the State Government agencies are not aligning to the new administrative
boundaries, so no imperative for new RDA to adhere either, particularly given current arrangements are working effectively.
Proposed RDA boundaries are not proposed to strictly adhere to the SASP regions either. May be a role for the Government Regional Coordination Network to promote better regional
collaboration – works well in the Northern Region currently. Mid North/Yorke is less effective. Vastness and demographic spread and diversity of the Central Local Government Region needs
to be taken into account with new arrangements. Shopfronts and RDB points of presence need to be retained at a local level – cannot be centralised or will lose community engagement.
The level and nature of proposed service under Regional Development Australia is unclear and may have an impact on the suitability of proposed boundaries.
Important to balance local ownership and engagement with strategic/regional views. Sub-regional arrangements may need to be considered within the broader SASP boundary to
ensure that good on-ground outcomes and service delivery can occur. Note the strong relationship between Local Government and Regional Development Boards
which is currently working well. 4. Review of Current System (Small Groups)
What has worked well in regional development ‘Localness’ Local knowledge and accountability Shopfront presence and locally available services Grass roots deliverables and tangible outcomes Minimal red tape and bureaucracy Composition and communication structure of Regional Development Boards including local
representation and involvement of local businesses Programs are tailored to the local area, maximizing relevance and effectiveness The new Federally-promoted RDA needs to be integrated into existing RDB arrangements,
rather than the current structure changing to accommodate a minor third party. Elements of current system to be retained – not negotiable Need to retain strengths of current Regional Development Board system and local delivery including: Good staff Minimal red tape and bureaucracy Local shopfront and accessible, identifiable presence Small, autonomous boards, with local community accountability and ownership Must avoid becoming, or being perceived as, an arm of Government New Board must have local ownership, input, understanding of and commitment to the
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community as first priority Close working relationship between local stakeholders Spread of board membership drawn from local area Current level and range of services to be maintained Project delivery important – don’t want to become just a consultative/information body Localised and tailored service delivery to meet local needs, including one on one tailored
service with individual businesses
What do we value but prepared to negotiate over Common sense functional boundary reform including alignment to SASP regional
boundaries provided all state agencies also align Additional functions and services to be delivered, conditional on additional funding to
support this KPIs – measures and efficiencies Shared resources including across current Boards Board structure, composition and appointment What would we like to get rid of Duplication of ACC’s and RDB’s in order to reduce confusion and improve efficiency of
service delivery and funding Duplication of information and silo approach across various Government agencies Current structure where it is not working Uncertainty of regional development and funding – five year funding commitment needed Inability to speak out against Government policy when at variance to local community
sentiment or potentially damaging to local economy
5. Opportunities to value add to existing arrangements Opportunity for improvement and consolidation on current arrangements including: Less confusion in the marketplace/community – one stop shop Better coordination, capacity and collaboration by State & Federal Government –
integration at local/regional level; improved resourcing and service efficiencies; streamlined and transparent processes; optimising service level efficiency
Value adding to existing services or efficiencies Introduction of new services, subject to agreement by all owners and additional funding
and resources to implement effectively Clear charter to avoid duplicating responsibilities of Local Government and other agencies
as services expand (particularly in relation to social inclusion and community development) One reporting system to all stakeholders Improved calibre and appropriateness of board members Opportunity to review core funding vs fee for service arrangements Boards need to be able to publicly represent the local area/region without fear of political
consequence – represent community, not government 6. Establishment of New RDA Board Should be incorporated bodies, based on and operating under best practice corporate
governance model Governance framework must reflect local ownership Chair & Deputy should be appointed by and from within the local RDA board, not the
Minister(s) Membership of Board to include funding partners, industry leaders, geographic spread,
technical knowledge including social inclusion and a cross section of community leaders Skills based with some consideration of representation across geographic and funding
partners Essential skill for members to demonstrate ability for strategic thinking
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Potential for regular rotation of Chair and members Staff to be appointed by Board, not Government Board numbers not too large or may become unwieldy
7. Next Steps Council feedback to LGA Discussion Paper – due 24th April Central Local Government Region to draft submission highlighting common themes to
support Council responses. Proposal to commence pro-active development of Regional Situation Analysis (including
details of current funding, services, assets, liabilities, personnel) – No further action at this stage, will wait for outcomes of MOU discussions.
Noted disappointment by Councils with the lack of information from the LGA on this issue. Closed 4.10 pm
Agenda Report – 14th April 2009 5117. LOCAL GOVERNMENT DEPARTMENT AND ASSOCIATIONS (CONT.):
17.2 LGA CIRCULAR 12.5
Subject: NRM Levy Report Report By: Chief Executive Officer Report Date: 23/3/2009 File Reference: GDS 10.3.2.1 Action: To Be Determined Attachments: Yes
SMP Reference: Objective 1 Respected, Responsive, Open and Effective Leadership Strategy 5 Promote a positive image of Council Action 3 Maintain membership of and active involvement in the South Australian
Local Government Association and associated state level activities and projects.
The attached Circular from the Local Government Association of South Australia advises
Council of the release for comment of the Review of the NRM Levy Arrangements.
A copy of the report is attached for the reference of Elected Members.
Council will need to give due consideration to the report and provide feedback (if any) to the LGA Friday 8th May 2009
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NRM Levy Report - Circular 12.5
To
Chief Executive Officer Corporate Services Staff Elected Members Environment Staff Finance and Accounting Staff Policy and Strategic Planning Staff
The report of the Review of the NRM Levy Arrangements by Mr Peter Emery is now being circulated to Councils for consideration. It is important that Councils give careful consideration to the contents of this report so that the LGA State Executive Committee can prepare a submission to the State Government which provides a representative view of the Local Government sector. Council comments are required to the LGA by Friday 8 May 2009.
NRM Levy The LGA commissioned Mr Peter Emery to conduct a Review of the Natural Resources Management (NRM) Levy Arrangements. The review was to cover:
the basis of the application of the levy in the NRM regions across the State; the administration and collection of the levy; possible options for or alternatives to the NRM; and other associated matters.
The review was commissioned in response to resolutions from LGA General Meetings and the outcomes of an LGA President's Forum in February 2008. The LGA considered that by 2008 there had been sufficient time for the 'new' NRM Act 2004 provisions to be in place for any 'teething problems' to be identified and dealt with and it was timely to review the NRM Levy arrangements on their merits. The LGA State Executive Committee has not yet formed a view about the recommendations in the report but has authorised the release of the report to Councils and other stakeholders for comment. In order to provide sufficient time for Councils to give the report careful consideration comments are sought by Friday 8 May 2009 so that a report can be presented to the LGA State Executive Committee meeting on 21 May 2009. It is expected that the LGA State Executive Committee will then endorse the preparation of a comprehensive submission to the State Government, through the Minister for Environment and Conservation, on short term and long term reforms to the NRM Levy arrangements. A presentation on the initial draft report was made to the NRM forum held in conjunction with the LGA AGM on 23 October 2008 and the key considerations of the report include : (1) changes which Councils could individually make within the terms of the current legislation; (2) changes which Councils could collectively make in the way they collect the tax; and (3) changes of a more structural nature affecting the basic arrangements. To view or download a copy of the report click here. As some of the options contained in the report would require legislative change because the current NRM levy arrangements are enshrined in the Natural Resources Management Act 2004, Councils are asked to comment in particular on:
the actions that could be implemented in the short term by Councils, collectively or individually, without legislative change;
proposals that would require legislative change including the possibility of structural changes to the NRM Levy arrangements; and
when considering possible structural changes to the NRM Levy arrangements to also consider future strategic opportunities for Local Government's role in managing NRM in the context of new Australian Government funding arrangements through the Caring for Our Country' program.
NRM Relationships Project Report
As a companion study to the NRM Levy report the LGA initiated a project to examine ways in which the relationships and outcomes between Councils and Natural Resources Management (NRM) Boards could be enhanced. The NRM Relationships Project Report was received at the 20 November 2008 LGA State Executive Committee. See LGA Circular 49.4 for further details. The LGA has now commissioned a pilot project to utilise a previously developed MoU document to engage and address the proposals coming from the relationships report. The pilot is being undertaken in conjunction with the South East NRM Board, the South East LGA and representative Council personnel. Workshops have already commenced to develop the draft document and all regional NRM Boards, regional LGA's and Councils will be provided with the opportunity to provide feedback on the draft document.
For further information contact David Hitchcock on 8224 2052 or [email protected].
This is a printer friendly version of the following web page:- http://www.lga.sa.gov.au/site/page.cfm?u=191&print=1&C=17426
DRAFT NO. 2
REVIEW OF NATURAL RESOURCES MANAGEMENT LEVY ARRANGEMENTS
REPORT BY PETER EMERY TO THE LOCAL GOVERNMENT ASSOCIATION OF SOUTH AUSTRALIA
January 2009
CONTENTS Page No. I Background to this Report 1 II The NRM Levy in the Context of overall State-Local Finances 4 in South Australia III The Legislative Framework 7 IV Summary of NRM Levy Rates or Amounts in the Various 9
NRM Board Areas in 2008-09 V Levy Amounts by Council Area in 2008-09 and comments 13 thereon VI Deficiencies in Current Levy Arrangements 17 VII Possible Arguments Which Might Be Advanced Against 23 Change VIII Options For Change 26 IX State-Local Relationships 32 X Brief Notes on Matters not Analysed Further in This Report 33 XI Conclusions and Recommendations 35 Attachments A Acknowledgements and Consultation Processes and Results 37 B LGA Resolution 38 C Legislative Provisions 39 D NRM Levy Rates and Amounts in 2008-09 46 E Possible Format for Summary Information re NRM Board 50
Finances F Illustrations Of Effect Of Increasing The Emergency Services 52
Levy To Compensate For Elimination of NRM Levies
1
I BACKGROUND TO THIS REPORT
The background to this Report may be briefly summarised as follows:-
(1) For many years there existed across the rural areas of this State
Animal and Plant Control Boards and Soil Conservation Boards;
these were to some extent funded and co-ordinated at the State
level but there was also Council funding of the former Boards in
particular and there were very close working relationships at the
local level.
(2) Around the mid 1990s legislation was passed to create new
Catchment Water Management Boards which had responsibilities
in certain parts of the State only and which raised some of their
revenue through levies.
(3) Following a process of consultation legislation was passed in 2004
to create Natural Resources Management Boards which subsumed
the activities of the Boards mentioned above and which were given
broad responsibilities to plan and implement programs of
environmental protection and improvement. The legislation
included complex provisions relating to the imposition and
collection of NRM levies as summarised in the Section III of this
Report and as reproduced in Attachment C; the funding provided by
these levies amongst other things replaced previous Catchment
Water Management levies and Council funding.
(4) During the consultation process on the legislation a number of
Councils and regional Local Government organisations expressed
various concerns about the levy arrangements; however, in the
course of detailed discussions between the State and the LGA on
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the legislation the LGA accepted the levy arrangements as part of
an overall package in which it achieved improvements in other
aspects of the legislation relating to consultation with and
representation by Local Government and related issues.
(5) Under this legislation eight NRM Boards have been established,
one of which covers the Aboriginal lands and another the largely
unincorporated Arid Zone. The boundaries of the other six Board
areas follow water catchment zones and all Councils (other than
Coober Pedy and Roxby Downs) are included in these six Board
areas. Twelve Council areas are “split” between two Board areas
and one is “split” between three Board areas, this feature resulting
from following water catchment criteria.
(6) Following commencement of the new Boards and the levy
arrangements many Councils continue to have concerns and some
exploration of possible alternative levy collection arrangements took
place but this did not result in any particular options being pursued.
(7) At the 2007 Annual General Meeting of the Local Government
Association a motion (initiated by Councils in the northern part of
the State) concerning the NRM levies was passed. The text of this
motion is reproduced at Attachment B to this Report but in
summary it called for the LGA to advocate with the State
Government for the removal of the requirement for Councils to
collect NRM levies and for an examination of service levels
provided by the Boards.
(8) Following further consideration and meetings within the LGA it was
decided to commission two separate studies, one on the levy and
one on other aspects of concern to Councils. This Report
3
constitutes the first of these studies and it is believed to be
consistent with the decision made by Councils at the LGA AGM in
2007.
4
II THE NRM LEVY IN THE CONTEXT OF OVERALL STATE-LOCAL FINANCES IN SOUTH AUSTRALIA
The NRM levies are in three parts: property-based levies imposed and collected
by Councils, a water-based levy collected by the Department of Water Land and
Biodiversity Conservation and a levy collected by the Dog Fence Board in the
State’s Arid zone. The State Government’s estimates for 2008-09 show $20.6
million for the first element, $5.5 million for the second element and a very small
amount (less than $20,000) for the third element. This Report concerns only the
first element – i.e. the property-based levy – and henceforth we use the term
“NRM levy” to refer only to this element.
It is important to appreciate that the NRM levy is a State tax, classified as such
by the South Australian Department of Treasury and Finance and the Australian
Bureau of Statistics. The peculiar feature of this particular State tax is that, by
requirement of the legislation, it is actually imposed and collected by Councils.
We are not aware of any other tax which has features similar to this.
The following table shows the NRM levies (in aggregate for the three elements
referred to above), as well as the Catchment Water Management levies which
preceded the NRM levies, in the context of overall State and Local taxation in the
STREAKY BAY 52 52 TATIARA 36 36 TEA TREE GULLY 23 230 TUMBY BAY 57 57 UNLEY 18 176 VICTOR HARBOR 9
15 93 150
WAKEFIELD REGIONAL 48 477 WALKERVILLE 21 210 WATTLE RANGE 36 36 WEST TORRENS 18 183 WHYALLA 41 41
16
WUDINNA 76 76 YANKALILLA 15 153 YORKE PENINSULA 48 480 * As noted above the NRM levy in the Adelaide City Council area is calculated by
reference to annual rental values. The figures given here have been calculated assuming that annual values are equal to 5 percent of capital values.
** these two Councils are in the Arid Lands area and not relevant to this project. NOTE: As mentioned above figures in this and other tables subject to further checking. Where two sets of figures are shown, the Council involved is “split” between two NRM Board areas (three in the case of Barossa).
The great variety of amounts for these given property values will be obvious.
The following shows the range of amounts based on the two values:-
Highest $ Lowest $ 300,000 77 8 3,000,000 534 24
It will be seen from the Council by Council table above that there are currently
thirteen Councils the area of which has been divided between two or more NRM
Boards. It is understood that this number will be reduced to six commencing 1
July 2009.
There are 66 Councils relevant to this analysis (Coober Pedy and Roxby Downs
being excluded as explained in the footnotes to the table above), there are
currently 12 Councils divided between two NRM Board areas and 1 divided
between three such areas. What this means, in effect, is that this State tax is
applied separately in eighty different parts of the State.
17
VI DEFICIENCIES IN CURRENT LEVY ARRANGEMENTS
Seven issues have been identified under this heading. Although perhaps some
of them overlap a little it is convenient to comment on them separately.
Lack of justification for the unusual nature of the current levy arrangements
As mentioned in Section II of this Report the NRM levy is a State tax with highly
unusual, not to say peculiar, characteristics. The fact that the arrangements in
question are unusual is not by itself to condemn them – indeed in Section IX of
this Report we refer to certain financial relationships between State and Local
Government in this State which are unusual (in the sense that similar
arrangements do not exist in other States) but are nevertheless valuable and
sensible. However, something as unusual as the NRM levy needs to be
particularly well justified and it is suggested that this has not been done. An
examination of the Second Reading Speech by the Minister in introducing the
Natural Resources Management Bill 2004 into Parliament on 18 February 2004
(see House of Assembly Hansard for that date commencing on page 1259) does,
of course, reveal references to aspects of the levy arrangements but not anything
approaching a rationale for those arrangements as against other possibilities.
For example there is no explanation as to why a hypothecated tax was
considered appropriate as against funding from the general budgetary resources
of the State nor is there any justification put forward for a tax with potential for
such high variability between areas of the State.
It is concluded that no adequate justification for the current highly unusual
arrangements has been put forward.
Accountability and Responsibility
18
It is suggested that the whole notion that one level of Government should in
effect determine the level and nature of taxes to be imposed by another level of
Government seems inconsistent with general notions of accountability
Complexity
Almost all taxes have complexities of one kind or another attached to them.
However, the point to be made in the current context is that there is a very high
degree of complexity relative to the quite small amount of revenue involved, i.e.
about $20 million per annum. Complexity can be regarded as acceptable only if
there are not simpler options available which it is suggested there are in this case
(see below).
Equity
There are two general principles which might be discussed under this heading.
First, that persons or corporations which are, in the relevant respects (whatever
they might be in the particular case) in a similar position should pay a similar
amount of tax. It is clear from the material in Sections IV and V above that this is
very far from being the case. If one were searching for a counter to this point it
would presumably have to be along the lines that the NRM levy is not so much in
the nature of a tax but more a charge for services provided which can vary from
place to place across the State. There are two comments which might be made
about this. First, the NRM levy is in fact classified and regarded by the State
Government as a tax rather than a charge for services and it is suggested that
this is correctly so. Secondly, if the NRM levy were to be regarded as a charge
for services provided it would be extremely difficult – it is suggested impossible –
to relate the various amounts shown in the table in Section V above to
differences in benefits received by tax payers in the various parts of the State.
19
The second principle can be addressed through the concept of horizontal fiscal
equalisation. This is an extremely important concept in Australian public finance.
In the broadest of terms the principle is that public funds should be distributed in
such a way that it is possible for persons in one geographical area to receive
similar standards of service to those in other areas without the imposition of high
taxes or charges in the former areas. In terms of the distribution of
Commonwealth funds to the State and Territory Governments South Australia
gains from this concept (as applied through the recommendations of the
Commonwealth Grant Commission) something in the order of $850 million over
and above what it would receive on a per capita basis. In equity terms this is
obviously of huge importance. This concept also applies to the financial
assistance grants for Local Government paid by the Commonwealth through the
States. The distribution of these grants within each State is based on
recommendations of the Local Government Grants Commission. Unfortunately
there are constraints which mean that in practice the principle cannot be applied
fully in the case of Local Government but the Grants Commission ensures that
the principle is applied to the maximum extent within those constraints. Through
the detailed assessments of the Local Government Grants Commission it is
possible to rank Councils in terms of their relative financial capacities and needs.
It is important to appreciate that these rankings are in terms of underlying factors
(e.g. property values and length of roads) beyond the control of individual
Councils and not in terms of the quality of financial decision-making or efficiency
of individual Councils.
Given the complexities of the NRM rates and amounts it is not surprising that
there is no simple correlation between the Grants Commission rankings and any
ranking of NRM levies payable by Council area. However, there are some
interesting observations which can be made. Based on the assessments of the
Local Government Grants Commission of the 15 least financially advantaged
Councils in the State, 13 are on the Eyre Peninsula or in the Central Local
Government Region (which with the exception of Port Augusta) is coincident with
20
the Northern and Yorke NRM Board area. It will be seen from the two tables at
the end of Section IV above that these two parts of the State have the highest
NRM levies – in one case on a per property basis and in the other case on a
property value basis.
To give some more specific examples of this point we mention two Councils in
particular to illustrate the point. On the Grants Commission’s assessments the
Orroroo-Carrieton Council is the least financially advantaged Council in the State.
For properties which are taxed on a value basis those in the Orroroo-Carrieton
Council area are taxed at the second highest level in the State. The Council
ranking on the Grants Commissions assessments as the second least financially
advantaged in the State, namely Wudinna, has the third highest tax on a per
property basis. If we take Councils with a fixed amount per property basis and
those with a property value basis together then the third highest levy amounts will
be in Wudinna up to a property value of about $450,000 and above that level the
second highest amounts of levy will be in Orroroo-Carrieton. There is no way in
which these kinds of results could be justified on any kind of equity grounds. A
more detailed analysis would yield quite complex results but could certainly not
produce anything to favour a conclusion that the current arrangements were in
an equitable direction.
Access to information
One of the words often used these days in discussions about public policy is
“transparency”. The current NRM levy arrangements fail badly in this respect.
There are two aspects worth mentioning here.
First, at the time of tabling in the House of Assembly of the most recent Report of
the Auditor-General (October 2008) audited financial statements for none of the
three years 2005-06, 2006-07 and 2007-08 were available for three of the eight
NRM Boards. The Auditor-General also referred to serious deficiencies in the
21
financial governance and internal controls of some NRM Boards. It is to be
hoped that these problems are of a “teething nature” and that they will be
remedied in due course. In the meantime it is impossible even for a keen analyst
to understand the financial situations of the various Boards, how they compare
and how they relate to the very different NRM levy rates and amounts identified
earlier in this Report.
Second, it would be extremely useful if there could be made available summary
financial information in a consistent form for the eight Boards individually and in
aggregate. An appropriate “deadline” for this might be the first week in October
following the end of each financial year. This information would be in addition to
financial statements prepared by each NRM Board on an accrual accounting
basis in accordance with Australian Accounting Standards. An outline of a
possible format is at Attachment E to this Report.
Costs, efficiency and effectiveness
One common measure of efficiency in the raising of taxes is the ratio between
costs of collection and the amount collected. It is neither feasible nor appropriate
in this particular case to attempt to make a reliable analysis of this kind of
measure because the persons and other resources utilised in relation to this tax
are in no case fully and only involved in these tasks. For example Council staff
collecting the levy are also involved in the collection of normal Council rates.
Council Rate Notices concern both the levy and normal rates. Members of the
NRM Boards and the staff thereof considering or dealing with NRM levy matters
will be involved in other aspects of the policies and operations of the Board.
Similarly with the staff of the Department of Water Land and Biodiversity
Conservation and the Minister. However, there is one indirect indication that the
current arrangements are highly inefficient in terms of cost. Under Section 96 of
the Act arrangements have been made for Boards to reimburse Councils for
22
costs associated with the levy and it is reported that in the case of some Councils
the cost reimbursement amounts exceed the amount of levy collected.
In fact this point helps identify where the real inefficiencies in the current
arrangements exist – namely the multiplicity of persons and agencies involved in
the whole NRM levy process. But it is not just the multiplicity of persons and
agencies. In the case of the NRM Board members and staff, officers of the
Department and the Minister, their chief preoccupations are, and certainly should
be in matters other than the levy, namely in identifying and assessing significant
environmental issues and working out the most effective ways to deal with them.
Matters to do with taxation are not within their chief areas of responsibility or
expertise nor would it be reasonable to expect them to be so.
It would be consistent with cost and efficiency considerations for the following
proposition to be accepted: that the setting, imposition and collection of this
State tax, should be the responsibility of the State Treasurer, the State
Department of Treasury and Finance and Revenue SA.
Superior alternatives
The deficiencies in current arrangements referred to above could or would have
to be accepted if there were no superior funding methods available. In fact there
are as discussed in Section VIII below (i.e. “Options for Change”).
23
VII POSSIBLE ARGUMENTS WHICH MIGHT BE ADVANCED AGAINST CHANGE
Based on the analysis in preceding Sections of this Report it is suggested that
there is a powerful case for change in the funding of the NRM Boards. However,
it is appropriate to consider possible arguments which might be advanced
against change and five such possible arguments have been identified.
First, as mentioned in Section II of this Report it might be suggested that this tax
is very small in the overall scheme of things (about 0.6 percent of overall State
and Local taxation in South Australia) and it is thus not worth worrying about.
This is not a valid argument, one reason being that the relatively small amounts
of money involved should make it fairly easy to achieve change. Consider, for
example, how difficult it would be to make radical changes at the State level in
payroll tax.
Second, that the levy arrangements as set out in the Act were in some sense
“accepted” by the LGA at the time the overall arrangements were negotiated and
settled – while there may be some degree of truth in this it is no longer relevant
given that we now have experience to inform us as to how the arrangements
work in practice and in any case it is not unusual for later views to be better than
earlier ones.
Third, it might perhaps be argued that while the arrangements have in some
respects been rather messy there are changes afoot in the right direction. One
example is the planned move in the Adelaide and Mount Lofty Ranges NRM area
towards a common rate in the dollar. While the example cited is certainly
relevant there would remain considerable complexities and differences both
within and between NRM areas and indeed variations within individual Council
areas. Another example which could perhaps be given is the reduction in the
number of Councils divided between two or more NRM Board areas from 13 to 6
planned to take place next July. While again this point is not irrelevant it is more
24
powerful as an example of one of the problems existing in the current
arrangements namely the layers of parties involved. That it was unfortunate and
unnecessary for Councils to be divided in this way was pointed out strongly by
individual Councils and by regional organisations of Councils during the
consultation phase prior to the introduction of the legislation. That this practical
advice was ignored at the time and is now being taken into account, at least
partially, only after a considerable lag is a good indicator of the inefficiencies
involved in the current complexity of consultation and decision-making
processes.
Fourth, a further possible argument is that, depending on what kind of change is
sought, it may be necessary to put legislative amendments to the Parliament.
However, if the case for change is established it is by no means unusual for
legislation to be the subject of amendment. Indeed this happens often.
Fifth, it might perhaps be suggested that Councils have substantial interests and
responsibilities in natural resource management issues and it might be seen as
inappropriate for Councils to be perceived to some extent as “withdrawing” from
this area by no longer being involved in the levy arrangements. It might be
pointed out in this context that the Commonwealth policy document entitled
“Caring for our Country” issued in November 2008 includes Local Government as
amongst the organisations eligible for funding under the program set out in that
Paper. It is doubtful whether this line of thought should be regarded as
convincing. The fact is that Councils have always had and will continue to have
substantial responsibilities in this general field such as roadside vegetation,
parks, water courses, various pollution issues, foreshores and so on. It is difficult
to see that the lack of responsibility for imposing and collecting a State tax would
negatively impact on either the ability of Councils to deal with these issues or
upon opportunities which might exist to seek Commonwealth funding.
25
It is concluded that it has not been possible to identify a good argument against
change.
26
VIII OPTIONS FOR CHANGE
There are three kinds of change which might be considered:-
(1) changes which Councils could individually make within the terms of
the current legislation;
(2) changes which Councils could collectively make in the way they
collect the tax;
(3) changes of a more structural nature affecting the basic
arrangements.
Each of these is discussed in turn below.
CHANGES WHICH COULD BE MADE BY INDIVIDUAL COUNCILS
The options in this category are very limited indeed given the legislative
requirements. One which is recommended is a change in the wording which
Councils use on their Rates Notices. By way of illustration the phrase “NRM
Levy” could be changed to “State Tax – NRM Levy”. It is common practice for
Councils to include on their Rates Notice an explanation of the NRM levy and it is
understood that most of them use wording similar to that which has been
recommended by the LGA along these lines:-
“NATURAL RESOURCES MANAGEMENT LEVY
Council collects a regional Natural Resources Management (NRM) Levy
on all rateable properties on behalf of your regional NRM Board(s). The
NRM Board invests this levy in managing and protecting priority water,
land, marine and biodiversity assets. For general NRM levy enquiries
please call the (relevant NRM Board).”
27
It is suggested for the consideration of Councils that better wording might be
along these lines:-
“The Natural Resources Management Levy is a State tax which Councils
are obliged by virtue of the Natural Resources Management Act to impose
and collect with the proceeds paid to one or more of the Natural
Resources Management Boards which are State Government entities
established on a regional basis under that Act. Any enquiries concerning
this tax should be directed to (the relevant Board).”
It is noted that Councils decided collectively at an LGA Annual General meeting
to include the NRM levy on their Rates Notices as distinct from a separate
Notice. This is something which Councils could review individually if they so
wished but on the face of it this would not be of great consequence either way
but presumably the cost implications would be adverse.
CHANGES WHICH COUNCILS COULD JOINTLY MAKE FOR COLLECTING THE TAX
A number of options in this category have previously been canvassed within
Local Government. They include, for example, the notion that Councils might
form or use some central organisation to collect the levy on behalf of all Councils.
It is far from clear that this kind of approach would have any advantage. There
would be potential for duplication of work which is already undertaken at Council
level, it certainly would not deal with any of the fundamental problems in the
NRM levies identified in this Report and would only make sense if Councils’
normal rates were also being collected in this way. This raises quite separate
issues from those discussed in this Report and it is recommended that they not
be pursued in the current context.
MORE FUNDAMENTAL CHANGES
28
There are at least five options in this category which warrant mention.
Councils to be required to provide a specified amount
Under this option, the legislation would be changed so that each Council would
be advised of a dollar amount it has to provide to the Board with it then being
completely free to raise this amount of money any way it wishes; for example it
could impose a special levy or it could provide the funds from its general rates.
While this would give Councils more flexibility it does not address other problems
in the current arrangements. For example, it would still be necessary to
determine the amount for each Council and that would still leave the question
how these amounts would be determined, the extent of variability between
Councils and so on. The adoption of this option would, in a sense, blur the
distinction between a State Government tax and the Councils’ obligations to
impose and collect the tax.
It is recommended that this option not be pursued.
A common NRM levy rate across all Council areas but with Councils still responsible for collection etc.
Under this option, Councils would still impose and collect the tax but the NRM
Boards and the Minister would undertake such consultations and make such
adjustments as would be necessary to impose one common levy rate across all
Councils, with any necessary changes made in the level of State Government
funding to the various NRM Boards – that is, if the funding received by any NRM
Board under this option were considered inadequate given its expenditure
requirements there would be additional funding provided to it by the State
Government. It seems likely that this kind of option could be implemented
without a change in legislation though that is not certain and would need to be
29
further explored. The effect of this kind of arrangement would be a lowering of
NRM levy rates in those areas where the rates are now relatively high.
It is suggested that this kind of arrangement would be an improvement compared
with those which now exist. However, it could raise difficulties in terms of
reaching agreement between all parties on what the common rate should be and
would be less preferred than the three further options identified below.
Current levy arrangements to be eliminated and replaced by new State-wide property tax
Under this option Councils’ obligations to impose and collect levies would be
removed and new legislation would be introduced to impose a State-wide
property tax.
This option would relieve Councils of their particular concerns and would be a
definite improvement over current arrangements. However, the disadvantage
would be that the State would be introducing a third property tax on top of the
current land tax and the Emergency Services levy. This would inevitably involve
new policy considerations as to the precise form of the property tax and
additional costs in terms of computer systems and staffing in Revenue SA.
It is concluded this option would be preferable to current arrangements but
inferior to either of the two options discussed below.
NRM levy to be eliminated and the ESL expanded
Under this option, the legislation would be changed to eliminate the NRM levies
and replacement revenue would be raised by an appropriate increase in the fixed
property element of the Emergency Services Levy (“ESL”). If this option were
followed the increased levy could be referred to as the “Emergency Services and
Natural Resources Management Levy (“ESNRM”).
30
The detail of this possibility is discussed in Attachment F to this Report.
This option would have the advantage that the tax would be imposed and
collected by the relevant level of Government – i.e. the State Government itself.
There would be a clear saving in administrative costs as, once the new
arrangements were in place no increased staff or other resources would be
required to administer the new ESNRM levy compared with the existing ESL.
Under this option it would be a matter for the State Government to allocate
funding as between the various NRM Boards on a needs basis. There would
certainly be nothing inappropriate about this.
In terms of the presentation of the State Government’s finances the only change
would be that the NRM levies would be about $20 million lower each year and
the new ESNRM levy would be about $20 million higher than the current ESL
amount.
A change along these lines would eliminate all of the major problems associated
with the current arrangements and would be of great advantage from all points of
view.
Funding from the State Government’s general budget resources
Under this option, the NRM levies would be eliminated and the State
Government would fund the NRM Boards out of its budget in the same way that it
funds most of its other expenditures including environmental expenditures. In the
context of the State’s overall budget the amounts involved are relatively small.
On the face of it there is no more reason to use a hypothecated tax to fund the
NRM Boards than there is to use such a tax for (say) National Parks and similar.
31
It seems likely that this option could be implemented without legislative change –
it would mean simply that the NRM Boards would not include provision for a levy
in the Plans they produced under Section 75 of the NRM Act. If the State
Government were to be attracted to this option it would be a matter for it to
determine how its grants to the NRM Boards would be fitted into its overall
revenue and expenditure planning.
Conclusions from the above
It is concluded that the last three options summarised above warrant
consideration by the State Government but noting that either of the last two
would be superior on grounds of efficiency and cost. In terms of budgetary
impact the penultimate option – i.e. an expanded ESL/NRM levy may be most
appropriate for the Local Government sector to advocate.
32
IX STATE-LOCAL RELATIONSHIPS
It would probably be fair to say that the record of State-Local relations in recent
years in this State is reasonably mixed and that changes desired by Local
Government have not always been easily or speedily achieved. However, it is
suggested that there are at least two reasons for taking a positive approach in
this matter.
First, in the area of basic financial relationships between the two levels of
Government in the State there is a good record of co-operative and mutually
beneficial arrangements between the two levels of Government. Perhaps the
best examples are the creation and on-going operations of the Local Government
Finance Authority and the re-insurance by SAICORP (the State Government’s
Insurance Corporation)of the LGA Mutual Liability Scheme. These arrangements
which have no parallel in other States arose out of constructive dialogue and
there is no obvious reason why such dialogue could not take place on this matter
assuming a reasonable level of goodwill.
Second, this matter is not usefully regarded as one of opposition between the
two levels of Government. If the kind of basic change suggested in the previous
Section of this Report were to be pursued both levels of Government would gain.
Councils would be relieved of an inappropriate obligation and the DWLBC and
the NRM Boards could concentrate more on environmental matters as their chief
responsibilities. There would be clear improvements in both efficiency and
equity. Lines of accountability and responsibility would be shorter and clearer
and the arrangements would be consistent with the simple theme mentioned
earlier in this Report that any State taxes should be the responsibility of the State
Treasurer, the Department of Treasury and Finance and Revenue SA.
Reform in this matter, in other words, represents a real win/win opportunity.
33
X BRIEF NOTES ON MATTERS NOT ANALYSED FURTHER IN THIS REPORT
There are three matters to mention under this heading.
Oversight by Parliamentary Committee
Under Section 15L of the Parliamentary Committees Act 1991 one of the
functions of the Natural Resources Committee of the Parliament established by
that Act is to “take an interest in and keep under review ………… the extent to
which the objects of the Natural Resources Management Act 2004 are being
achieved”.
It is understood that aspects of the operation of the NRM levy arrangements
have been examined and reported upon by the Committee. This part of the NRM
levy process is not examined in this Report as it has been judged that it would
not raise issues additional to those which have been analysed.
Reimbursement of Council costs by NRM Boards
Section 96 of the NRM Act (the text of which is reproduced in Attachment C to
this Report) makes provision for the NRM Boards to reimburse Councils for the
costs involved in imposing and collecting the levy. In accordance with that
Section a Regulation has been made following detailed consultation between the
Department of Water Land and Biodiversity Conservation and the Local
Government Association which sets out how the amounts of reimbursement are
calculated. It is the intention of the Department and the LGA to review this
Regulation in the light of its operation to date but this review has been deferred
pending any outcome from this Report. In these circumstances it has not been
considered necessary or appropriate to analyse this particular aspect in this
Report.
34
Other Aspects of the NRM Arrangements of Concern to Councils
The relevant Resolution passed by the LGA at its AGM in 2007 (see text at
Attachment B) referred not only to the levy but also to the question of the level of
services provided by the NRM Boards at the local level. There have also been
concerns expressed by at least some Councils about the adequacy of
consultation between Boards and Councils. There is no attempt in this Report to
deal with these matters but it is noted that they have been covered separately by
the LGA including through a Report by consultant Ms Leanne Muffet in
November 2008 entitled “Local Government and Natural Resources
Management Boards – Relationship Project”.
It is suggested that, while not at all judging their relative importance, the levy
matter and these other matters raise quite different policy issues and it would
almost certainly make sense to pursue them separately with the State
Government (although, of course, cross-references would not be inappropriate).
35
XI CONCLUSIONS AND RECOMMENDATIONS
The following conclusions and recommendations are put forward for
consideration.
Conclusions
On the basis of the analysis in this Report these conclusions can be safely
reached:-
(1) that concerns expressed by many Councils about the imposition
and collection of the NRM levy are justified;
(2) that the current arrangements are undesirable on various grounds
including transparency and accountability, equity and efficiency;
(3) that it is possible to identify options for new arrangements which
would be clearly preferable on these grounds;
(4) that the adoption of these options would be advantageous to both
levels of Government.
Recommendations
It is recommended that:-
(a) the LGA, in consultation with Councils and other relevant parties,
prepare a substantial submission to the State Government pointing
out the unsatisfactory features of the current arrangements and
putting forward specific proposals for different funding
arrangements for the NRM Boards. This would take into account
36
the material in this Report and other relevant information becoming
available;
(b) any such submission advocate in particular the last three options
identified in Section VIII of this Report – i.e. the elimination of the
NRM levies in favour of either a new State-wide NRM levy imposed
and collected by the State, expanded ESL or funding of the Board’s
from the State’s general budgetary resources, with an expanded
ESL possibly to be preferred;
(c) the Minister and DWLBC be encouraged to produce as soon as
possible after the end of each financial year information in a
convenient form about the finances of the eight NRM Boards both
individually and in aggregate; this would include but go beyond the
NRM levies;
(d) while the current arrangements continue Councils review the
wording they use on their Rates Notices about the NRM levy as
discussed near the beginning of Section VIII of this Report – i.e. to
bring out more clearly that the NRM levy is a State tax;
(e) the levy matter be pursued by Local Government with the State
Government separately from other concerns which Councils have
about the NRM arrangements generally but of course with
appropriate cross-references.
37
ATTACHMENT A
ACKNOWLEDGEMENTS AND CONSULTATION PROCESSES AND RESULTS
(To be finalised after completion of the consultation processes.)
38
ATTACHMENT B
LGA RESOLUTION
The following Resolution was passed by the Annual General Meeting of the Local
Government Association held on 10 October 2007. The motion was moved by
the Northern Areas Council and seconded by the District Council of Mount
Remarkable.
“… that the Local Government Association of SA:
1. Lobby for amendment to the Natural Resources Management Act 2004 to remove the requirement for Local Council involvement in levy collection or administration;
2. Promote the collection of the levy on a single, State-wide basis; and
3. Investigate and report back on the actual level of NRM service delivery and funding into the community prior to and following the introduction of the Regional NRM Boards under the NRM Act.”
It is noted that the conclusions and recommendations of this Report are
consistent with parts 1 and 2 of the above Resolution. This Report does not deal
with the third part which has been handled separately by the LGA.
39
ATTACHMENT C
LEGISLATIVE PROVISIONS
Following are extracts from the Natural Resources Management Act 2004.
Note that in Section 75 relating to NRM Plans the references to the NRM levy are
in paragraphs 75(3)(i and j).
“Division 1—Regional NRM plans
75—Regional NRM plans (1) A regional NRM board must prepare and maintain a plan for the purposes
of its operations (a regional NRM plan). (2) The plan must be in a form determined or approved by the Minister. (3) A plan must—
(a) include information of a kind prescribed by the regulations as to— (i) the natural resources within the relevant region; and (ii) the state and condition of the natural resources within the
relevant region, and related trends; and (iii) environmental, social, economic and practical
considerations relating to the use, management, conservation, protection, improvement and, if relevant, rehabilitation, of the natural resources within the relevant region; and
(iv) the management of pest species of animals and plants; and
(v) other prescribed matters; and (b) include information about the issues surrounding the management
of natural resources at the regional and local level, including information as to— (i) methods for improving the quality or value of natural
resources within the relevant region, and the health of those aspects of the environment that depend on those natural resources; and
40
(ii) methods for the conservation, use or management of natural resources within the relevant region; and
(iii) action plans to ensure proper stormwater management and flood mitigation; and
(iv) arrangements to ensure proper management of wetlands and estuaries, and marine resources, with particular reference to the relationships between catchment, wetland, estuarine and marine systems; and
(c) set out the board's goals in relation to natural resources management and explain how achievement of those goals will assist to achieve— (i) the objects of this Act; and (ii) if the plan is to apply within a part of the Murray-Darling
Basin, the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act; and
(d) set out a scheme for the implementation of natural resources management programs and policies in the areas in which the board has an interest, including— (i) through NRM groups; or (ii) by working with, or engaging, councils or council
subsidiaries, or other bodies or groups (including community groups and volunteers); and
(e) set out the method or methods that the board will use— (i) to monitor the state and condition of natural resources for
the purposes of this Act, and related trends; and (ii) to assess the extent to which it has succeeded in
implementing the plan, with particular reference to the monitoring and evaluation of the effectiveness of natural resources management programs and policies implemented at the regional and local level; and
(iii) to assess the extent to which the board has succeeded in achieving its goals; and
(f) identify any policies reflected in a Development Plan under the Development Act 1993 that applies within its region that should, in the opinion of the board, be reviewed under that Act in order to promote the objects of this Act or to improve the relationship between the policies in the Development Plan and the policies reflected in the board's plan; and
41
(fa) identify the changes (if any) considered by the board to be necessary or desirable to any other statutory instrument, plan or policy (including subordinate legislation) to promote the objects of this Act and, insofar as the plan may apply within a part of the Murray-Darling Basin, the objects of the River Murray Act 2003 and the Objectives for a Healthy River Murray under that Act; and
(g) identify the changes (if any) considered by the board to be necessary or desirable to— (i) any activity or practice of another person or body; or (ii) the manner in which, or the means by which, any other
person or body performs any function or exercises any power,
to further the objects of this Act; and (h) include—
(i) a strategic plan for the next ensuing 10 financial years; and
(ii) a business plan for the next ensuing 3 years, which incorporates an implementation program for the first of those years that includes— (A) an assessment of the staff and physical resources
that the board expects to require during the year; and
(B) an assessment of the infrastructure and land that the board wishes to acquire during the year; and
(C) information on the funding and support that is expected to be provided to NRM groups during the year, and on other areas of expenditure; and
(D) the source of funds necessary to meet expenditure during the year, including by the payment of an amount or the imposition of a levy under Chapter 5, and, if more than one source, the proportion of the funds to be raised from each source; and
(i) if the source, or one of the sources, of the board's funds is the recovery of an amount or the imposition of a levy (or proposed levy) under Chapter 5—include an assessment of the expected social impact of the imposition of any levy under that Chapter; and
(j) if the plan proposes an amount to be recovered by a regional NRM levy under Chapter 5 Part 1 Division 1—set out the basis of the levy that will apply under section 95(3)(a) and include an explanation as to why that particular basis has been chosen; and
42
(k) set out the matters that the board will consider when exercising its power to grant or refuse permits under Chapter 7 Part 2; and
(l) include such other information or material contemplated by this Act or required by the regulations.
(4) A plan should be consistent with the State NRM Plan. (5) A plan, when adopted, (and amendments made to a plan when adopted)
should, as far as practicable, be consistent with— (a) any relevant management plan under the Coast Protection
Act 1972; and (b) any relevant Development Plan under the Development Act 1993
(subject to any proposal to amend such a plan); and (c) any relevant environment protection policy under the Environment
Protection Act 1993; and (d) any relevant plan of management under the National Parks and
Wildlife Act 1972; and (e) the principles of clearance of native vegetation under the Native
Vegetation Act 1991 and any guidelines relating to the management of native vegetation adopted by the Native Vegetation Council under that Act; and
(ea) any relevant management plan under the Marine Parks Act 2007; and
(f) any relevant policy relating to the administration or operation of a Mining Act published for the purposes of this Chapter by notice in the Gazette by the Minister for the time being administering that Act after consultation with the Minister administering this Act; and
(g) such other plans, policies, strategies or guidelines as are prescribed by the regulations.
(6) The board must inform the Minister of the inconsistencies (if any) between the plan and plans, policies, strategies or guidelines referred to in subsection (5).
(7) In addition, a plan must— (a) address, adopt or incorporate any plan, policy or strategy
specified by the Minister or the NRM Council; and (b) address, and be consistent with, any intergovernmental
agreement specified by the Minister. (8) A regional NRM board must, in preparing and reviewing its regional NRM
plan, give due consideration to the plans of other boards insofar as this may be relevant to issues or activities under its plan.
43
(9) A council or council subsidiary must, when performing functions or exercising powers under the Local Government Act 1999 or any other Act, have regard to any regional NRM plan that applies within the relevant area and in particular must give consideration to the question whether it should implement changes to the manner in which, or the means by which, it performs a function or exercises a power or undertakes any other activity that has been identified in the plan as requiring change.”
Sections 95 and 96 as below are the main provisions relating specifically to the
NRM levy.
“Chapter 5—Financial provisions Part 1—NRM levies Division 1—Levies in respect of land
95—Imposition of levy by councils (1) In order to reimburse themselves for the amounts contributed (or to be
contributed) to a regional NRM board under this Division, the constituent councils must impose a levy (a regional NRM levy) on rateable land in the region of the board.
(2) Except to the extent that the contrary intention appears, Chapter 10 of the Local Government Act 1999 applies to and in relation to a regional NRM levy as if it were a separate rate under that Chapter.
(3) Without limiting the operation of any other provision of this Act, the following provisions apply with respect to the application of Chapter 10 of the Local Government Act 1999 to and in relation to a regional NRM levy: (a) section 154(1), (2) and (3) of that Act will not apply in relation to
the levy and the basis for the levy will be chosen from the following (as set out in the relevant regional NRM plan): (i) the value of rateable land; or (ii) a fixed charge of the same amount on all rateable land; or (iii) a fixed charge of an amount that depends on the purpose
for which rateable land is used; or (iv) the area of rateable land; or (v) the purpose for which rateable land is used and the area of
the land; or (vi) the location of rateable land;
44
(b) if the value of rateable land is the basis for the levy under paragraph (a), a council must use capital value, site value or annual value as the basis to impose the levy;
(c) if a fixed charge is the basis for the levy under paragraph (a), then section 152 of that Act will apply subject to any modifications prescribed by the regulations;
(d) if relevant, the purposes for which land is used that may be the basis for the levy under paragraph (a) will be purposes prescribed by the regulations;
(e) despite section 154(6) of that Act, a levy under this section may be declared more than 1 month before the commencement of a financial year to which the levy relates with the approval of the Minister;
(f) section 151(5) of that Act will not apply in relation to the levy; (g) section 156 of that Act will apply (subject to the use of any
differentiating factor under paragraph (a)); (h) any other section, or part of any other section, of that Act
prescribed by the regulations will not apply in relation to the levy; (i) the regulations may modify the operation of Chapter 10 of that Act
in any other respect. (4) To avoid doubt, nothing in subsection (3) prevents the operation of
section 158 of the Local Government Act 1999. (5) A council must (as far as is reasonably practicable) fix a regional NRM
levy in a manner calculated to return the same amount as the council's share of the amount to be contributed to the relevant regional NRM board under this Division.
(6) A regional NRM levy imposed under this section will be taken to be a rate imposed under the Local Government Act 1999 for the purposes of the Rates and Land Tax Remission Act 1986.
(7) The amount that applies under subsection (5) will be arrived at after taking into account any rebates or remissions to be granted by the council.
(8) A regional NRM levy is not invalid because it raises more or less than the amount that applies under subsection (5).
(9) A regulation cannot be made for the purposes of this section unless the Minister has given the LGA notice of the proposal to make a regulation under this section and given consideration to any submission made by the LGA within a period (of at least 21 days) specified by the Minister.
45
96—Costs of councils (1) A regional NRM board is liable to pay to each of the constituent councils
for the region an amount determined in accordance with the regulations on account of the costs of the council in complying with the requirements of this Part.
(2) Regulations made for the purposes of subsection (1) may— (a) provide a method or methods by which a council's costs are to be
determined, including by the use of estimates or prescribed amounts in prescribed circumstances;
(b) limit any calculation of costs to amounts prescribed as fair costs; (c) take into account any financial benefit to a council in receiving
payment of a regional NRM levy before it pays its share of the amount to be contributed to the board under this Division.
(3) A payment under subsection (1) must be paid in accordance with the regulations.
(4) A regulation cannot be made for the purposes of this section unless the Minister has given the LGA notice of the proposal to make a regulation under this section and given consideration to any submission made by the LGA within a period (of at least 21 days) specified by the Minister.”
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ATTACHMENT D
NRM LEVY RATES AND AMOUNTS IN 2008-09
NRM BOARD AREAS IN WHICH LEVIES ARE BASED ON PROPERTY VALUES
The figures below are cents in the dollar of capital value except where otherwise
indicated.
Adelaide and Mount Lofty Ranges NRM Region
Adelaide 0.006825 * Adelaide Hills 0.010862 Alexandrina 0.0028 Barossa 0.0079 Burnside 0.006413 Campbelltown 0.006597 Charles Sturt 0.007191 Gawler 0.008345 Holdfast Bay 0.00625 Light 0.00787 Mallala 0.008056 Marion 0.006892 Mitcham 0.00599 Mount Barker 0.012125 Norwood Payneham St Peters 0.006653 Onkaparinga 0.009705 Playford 0.00753 Port Adelaide Enfield 0.00609 Prospect 0.006957 Salisbury 0.007189 Tea Tree Gully 0.00767 Unley 0.00586 Victor Harbor 0.0031 Walkerville 0.007 West Torrens 0.006089 Yankalilla 0.0051 Simple Average
0.0075
* The levy rate determined for the Adelaide City Council is 0.1365 cents in the dollar of
annual rental value. The figure quoted in the table above is a notional number of cents in
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the dollar of capital value assuming a ratio of annual rental value to capital value of 1:20; this has been done for purposes of comparability with the other figures in the table.
Northern and Yorke NRM Region
Barossa 0.0178 Barunga West 0.0165 Clare and Gilbert Valley 0.0156 Copper Coast 0.0141 Flinders Ranges 0.0125 Goyder Regional 0.017 Light Regional 0.01533 Mallala 0.015522 Mount Remarkable (a) Northern Areas 0.0164 Orroroo Carrieton 0.0171 Peterborough 0.00928 Port Augusta (b) Port Pirie Regional 0.0139 Wakefield Regional 0.0159 Yorke Peninsula 0.016 Simple Average
0.0152
(a) The rate determined for Mount Remarkable is 0.2065 cents in the dollar of site value (as
distinct from capital value). However, the Council has applied a minimum amount of $35.10 and rebated amounts above $35.10. Thus in effect Mount Remarkable has a fixed rate of $35.10 per property.
(b) In Port Augusta the levy is a fixed amount per property of $23.50.
South Australian Murray Darling Basin NRM Region
Adelaide Hills 0.005419 Alexandrina 0.0052 Barossa 0.0088 Berri Barmera 0.0055 (a) Coorong 0.0053 Goyder Regional 0.0054 Karoonda East Murray 0.00536 Loxton Waikerie 0.00612 (b) Mid Murray 0.0051 Mount Barker 0.004689 Murray Bridge 0.005255 Northern Areas 0.0059 Onkaparinga 0.004175 Peterborough 0.00576
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Renmark Paringa 0.0058 Southern Mallee 0.0049 Victor Harbor 0.005 Simple Average
0.0055
(a) Subject to a minimum of $6.00. (b) Subject to a maximum of $40.00.
NRM BOARD AREAS IN WHICH LEVIES ARE FIXED DOLLAR AMOUNTS PER PROPERTY
The figures below are in dollars.
Eyre Peninsula NRM Region
Ceduna 60.00 Cleve 76.10 Elliston 76.85 Franklin Harbour 57.05 Kimba 74.60 Lower Eyre Peninsula 47.05 Port Lincoln 42.00 Streaky Bay 52.00 Tumby Bay 57.20 Whyalla 40.55 Wudinna 76.00 Simple Average
$60
Kangaroo Island NRM Region
The amount on Kangaroo Island is $24.80.
South East NRM Region
Coorong 35.46 Grant 35.65 Kingston 35.35 Mount Gambier 35.40 Naracoorte Lucindale 35.75 Robe 35.20 Southern Mallee 35.61
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Tatiara 36.30 Wattle Range 36.30 Simple Average
$36.00
Note: The averages shown in the above tables are “simple” in the sense that they are not weighted to take account of the fact that Councils vary (in some cases considerably) in terms of population, property numbers and property values.
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ATTACHMENT E
POSSIBLE FORMAT FOR SUMMARY INFORMATION RE NRM BOARD FINANCES
One of the Recommendations put forward in Section XI of this Report is that “the
Minister and DWLBC be encouraged to produce as soon as possible after the
end of each financial year summary information in a convenient form about the
finances of the eight NRM Boards both individually and in aggregate; this would
include but go beyond the NRM levies.”
In his most recent report to Parliament (October 2008), the Auditor-General
advised that “some NRM Boards have not been able to access appropriate staff
with the accounting skills to satisfactorily prepare the financial statements to the
quality expected by public sector accounting standards”. Regardless of the time
taken to rectify this problem (presumably with assistance from DWLBC to ensure
that financial statements are prepared on a consistent and comparable basis and
in accordance with Australian Accounting Standards), it is suggested that
DWLBC assemble, each year, summary financial information covering the eight
NRM Boards for the Minister to release in, say, October each year. A possible
format for this information (which could well be improved by persons more
familiar with the data) follows.
51 SUMMARY FINANCIAL INFORMATION OF NRM BOARDS
(YEAR) $000
Adelaide and
Mount Lofty Ranges
Alinytjara Wilurara
Eyre Peninsula
Kangaroo Island
Northern and Yorke
South Australian Arid Lands
South Australian
Murray Darling Basin
South East
TOTAL
INCOME
NRM levies Commonwealth-sourced grants
State-sourced grants Interest All other
TOTAL INCOME
EXPENSES Current expenditures on goods and services
Grants for current purposes
Grants for capital purposes
Depreciation All other
TOTAL EXPENSES
NET RESULT OF ABOVE
NOTE: Information on capital investment expenditure (resulting in assets to be managed by NRM Boards) could be included as a footnote or addendum to this Statement.
52
ATTACHMENT F
ILLUSTRATIONS OF EFFECT OF INCREASING THE EMERGENCY SERVICES LEVY TO COMPENSATE
FOR ELIMINATION OF NRM LEVIES
The data in this Attachment relate to the fixed property element in the ESL (i.e.
not including the levy on vehicles) and the property element in the NRM levy
imposed by Councils (i.e. not including the water-based levies or the extremely
minor amounts imposed in the Arid Zone). The terms ESL and NRML are used
below in this way.
In the current financial year the ESL on fixed property is estimated to raise
approximately $88 million and the NRML about $20 million. This means that it
would take an overall increase in the ESL of about 22.7 percent to compensate
for the revenue lost if the NRML were to be abolished.
The ESL is a quite complex tax. The calculation of the liability with respect to a
particular property owner takes account of a number of elements: a fixed amount
per property (currently $50), a variable amount related to property value,
remissions related to property location and land use, an adjustment for
contiguous land where relevant and concessions for particular categories for
property owners.
The amount of ESL payable also depends on the location of the property in the
State within four regions as follows:-
• Regional Area 1: consists of the areas of the following cities and
towns noting that it is only the areas within those cities and towns
and not the whole of the Council area in which they are situated:
Pirie, Renmark, Tanunda, Victor Harbor and Whyalla
• Regional Area 2: consists of areas within Councils other than the
areas in Regional Area 1 and other than the Councils in Regional
Area 4 – in broad terms this means most of the rural areas of the
State not including the cities or towns listed above and not including
the unincorporated areas.
• Regional Area 3: consists of the unincorporated areas of the State
(i.e. those not within a Council area).
• Regional Area 4: consists of all metropolitan Council areas and
certain nearby Council areas namely Adelaide Hills, Gawler,
Onkaparinga and Playford.
If it were decided to increase the ESL to compensate for not having the NRML
there would be a number of ways in which this could be done and this would
obviously be a matter for State Government policy. One way would be to
calculate for each property the amounts payable as at present and then to
increase the final figure by the factor of 1.227 (or whatever it might be in the year
in which the change occurred). However, the ESL “formula” is re-set for each
financial year having regard to property values and the amount of revenue which
is required to fund the relevant emergency services activities. It thus seems
more likely that the required increase in revenue would be obtained by an
adjustment to the fixed amount or the variable amount or some combination
thereof.
For purposes of illustrating what the effects might be on these two bases it is
necessary to make an assumption about the amounts collected through the two
54
elements as this detailed information is not available publicly. For illustrative
purposes we have assumed a 40/60 split between the fixed and variable
elements.
The table below shows some illustrative and approximate figuring on this basis,
where:-
• A shows the amounts payable for various hypothetical property
types and values in 2008-09 under the current ESL;
• B shows the hypothetical and approximate amounts payable under
an expanded ESL/NRML to compensate for not having an NRM
levy on the basis that the adjustments were made to the fixed
element;
• C shows the hypothetical and approximate amounts payable under
an ESL/NRML to compensate for not having an NRM levy on the
basis that the adjustments were made to the variable element.
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HYPOTHETICAL AMOUNTS PAYABLE UNDER CURRENT ESL AND AN EXPANDED ESL/NRML BASED ON 2008-09 (amounts in dollars)
Regional
Area 1 Regional
Area 2 Regional
Area 3 Regional
Area 4
no flat fee
in RA3 RESIDENTIAL
$250,000 70.80 63.00 2.60 76.00 A increase $50 to $78.50 99.30 91.50 2.60 104.50 B or increase variable fee by 38% 78.70 67.94 3.59 85.88 C
$500,000 91.60 76.00 5.20 102.00 A increase $50 to $78.50 120.10 104.50 5.20 130.50 B or increase variable fee by 38% 107.41 85.88 7.18 121.76 C
$1m 133.20 102.00 10.40 154.00 A increase $50 to $78.50 161.70 130.50 10.40 182.50 B or increase variable fee by 38% 164.82 121.76 14.35 193.52 C PRIMARY PRODUCTION
$500,000 61.40 57.10 1.40 89.00 A increase $50 to $78.50 89.90 85.60 1.40 117.50 B or increase variable fee by 38% 65.73 59.80 1.93 103.82 C
56
$2m 95.60 78.50 5.70 206.00 A increase $50 to $78.50 124.10 107.00 5.70 234.50 B or increase variable fee by 38% 112.93 89.33 7.87 265.28 C INDUSTRIAL
$500,000 749.60 487.25 87.45 924.50 A increase $50 to $78.50 778.10 515.75 87.45 953.00 B or increase variable fee by 38% 1015.45 653.41 120.68 1256.81 C
$1m 1449.20 924.50 174.90 1799.00 A increase $50 to $78.50 1477.70 953.00 174.90 1827.50 B or increase variable fee by 38% 1980.90 1256.81 241.36 2463.62 C
$10m 14042.00 8795.00 1749.00 17540.00 A increase $50 to $78.50 14070.50 8823.50 1749.00 17568.50 B or increase variable fee by 38% 19358.96 12118.10 2413.62 24186.20 C COMMERCIAL
$150,000 170.60 125.35 15.05 200.75 A increase $50 to $78.50 199.10 153.85 15.05 229.25 B or increase variable fee by 38% 216.43 153.98 20.77 258.04 C
$300,000 291.20 200.75 30.15 351.50 A increase $50 to $78.50 319.70 229.25 30.15 380.00 B or increase variable fee by 38% 382.86 258.04 41.61 466.07 C
57
$10m 8090.00 5075.00 1005.00 10100.00 A increase $50 to $78.50 8118.50 5103.50 1005.00 10128.50 B or increase variable fee by 38% 11145.20 6984.50 1386.90 13919.00 C OTHER
$500,000 102.00 82.50 6.50 115.00 A increase $50 to $78.50 130.50 111.00 6.50 143.50 B or increase variable fee by 38% 121.76 94.85 8.97 139.70 C
$1m 154.00 115.00 13.00 180.00 A increase $50 to $78.50 182.50 143.50 13.00 208.50 B or increase variable fee by 38% 193.52 139.70 17.94 229.40 C VACANT
$150,000 53.40 52.10 0.40 61.70 A increase $50 to $78.50 81.90 80.60 0.40 90.20 B or increase variable fee by 38% 54.69 52.90 0.55 66.15 C
$400,000 59.10 55.70 1.10 81.20 A increase $50 to $78.50 87.60 84.20 1.10 109.70 B or increase variable fee by 38% 62.56 57.87 1.52 93.06 C SPECIAL COMMUNITY USE flat fee is $20 in RA1, 2 & 4; nil in RA3
$300,000 30.20 26.35 1.25 32.75 A increase $20 to $27.60 37.80 33.95 1.25 40.35 B or
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increase variable fee by 38% 34.08 28.76 1.73 37.60 C
$1m 54.00 41.25 4.25 62.50 A increase $20 to $27.60 61.60 48.85 4.25 70.10 B or increase variable fee by 38% 66.92 49.33 5.87 78.65 C
Sources: The A amounts (i.e. current ESL) have been supplied by Revenue SA. The B and C amounts (i.e. an expanded ESL/NRML)
have been estimated on assumptions referred to in the text above and are to be regarded as illustrative and approximate only.
59
It is to be noted that the B and C amounts shown above are not only approximate
but also by way of example only. Other options would be available for the
Government’s consideration including in particular some kind of combination of
the B and C approaches.
It is not feasible to set out full comparisons between the current NRM levy
amounts and the increases (compared with the current ESL) which would come
about through an expanded ESL/NRML because, as explained in the Report
there are currently 79 different NRM rates/amounts across the State. To show
complete comparisons would literally take hundreds of pages. However, for
readers who wish to analyse particular instances, that can be done using the
information in this Report.
One point which does emerge from the above table and which will be obvious
anyway is that to expand the ESL by adjusting the variable element would
involve a shift in the “burden” of the tax more towards high value properties (and
also more towards commercial and industrial property relative to residential
property) as compared with adjusting the fixed element. Purely by way of
illustration the following shows some comparisons on a highly selected basis:-
60
Current NRM Levy $
Increase in Expanded ESL/NRM Levy
compared with existing ESL*
$ Residents on Eyre Peninsula valued at $250,000**
Ranges from $47 to $77 5
Farm in Mid North valued at $2 million
328 *** 11
Residents in Adelaide City Council and suburban Adelaide valued at $500,000
34 **** 20
Industrial property in suburban Adelaide valued at $1 million
69 **** 665
Commercial property in Adelaide CBD valued at $10 million
683 ***** 3,819
* These figures are based on the differences between the A and C amounts in the above
table – i.e. the difference between the current ESL amount and the approximate amount payable under an expanded ESL/NRML assuming that the adjustment was based on the variable element in the ESL formula.
** The figures are for residences on Eyre Peninsula other than in Port Lincoln and Whyalla. *** This particular figure is based on the NRM levy rate in the Northern Areas Council; the
amounts for farms in most other Council areas in the Mid North would be generally similar.
**** Calculated by averaging the NRM rates in the 17 Council areas in metropolitan Adelaide including the Adelaide City Council.
***** Approximate figure assuming that annual rental value is equal to 5 percent of capital value (the NRM levy rate in the Adelaide City Council area is unique in that the NRM rate is expressed as cents in the dollar of Annual Rental Value).
It is emphasised that the above figures are presented purely for illustrative
purposes based on one possible option for adjusting the ESL formula. Other
options or combination of options could produce significantly different results.
Agenda Report – 14th April 2009 5217. LOCAL GOVERNMENT DEPARTMENT AND ASSOCIATIONS (CONT.):
17.3 LGA CIRCULAR 13.9
Subject: Electoral (Miscellaneous) Amendment Bill Report By: Chief Executive Officer Report Date: 1/4/2009 File Reference: GDS 10.3.2.1 Action: To Be Determined Attachments: Yes
SMP Reference: Objective 1 Respected, Responsive, Open and Effective Leadership Strategy 5 Promote a positive image of Council Action 3 Maintain membership of and active involvement in the South Australian
Local Government Association and associated state level activities and projects.
The attached Circular from the Local Government Association of South Australia advises
Council of the introduction into Parliament of the Electoral (Miscellaneous) Amendment Bill 2009.
A copy of the Bill is attached for the reference of Elected Members.
Some of the concerns already identified by the LGA are detailed within the Circular.
Does Council have any comments or feedback that it wishes to convey to the LGA?
~~Options:~~
(i) Cr / Cr
(ii) Cr / Cr
Electoral (Miscellaneous) Amendment Bill 2009 - Circular 13.9
To
Chief Executive Officer Corporate Services Staff Elected Members General Inspector Policy and Strategic Planning Staff
The Attorney General introduced the Electoral (Miscellaneous) Amendment Bill 2009 into Parliament on 5 March 2009. This Bill includes a number of proposed changes to the State Electoral Act 1985. Some of these changes will impact on Local Government. These are being followed up with the Attorney General.
The LGA has recently become aware of the introduction into Parliament of the Electoral (Miscellaneous) Amendment Bill 2009 on 5 March 2009. Click here for a copy of the Bill.
The LGA has only had a brief opportunity to review this Bill, but we have already identified a number of issues and implications for Local Government. These include:
Clause 5(2) of the Bill removes the right of a person to purchase a printed copy of the voters roll. They will only be able to inspect a copy of the roll. If this provision is supported, to maintain the integrity of the reason for this change (not allow commercialisation of elector data) it would seem appropriate that a similar change be made to the Local Government (Elections) Act 1999 in relation to Council voters rolls, which contain House of Assembly roll data relevant to each Council area.
The issue of how candidates for Local Government elections would be able to access a copy of the relevant voters roll if they are no longer able to purchase a copy needs to be addressed. Clause 5(3) of the Bill enshrines the right for members of Parliament and registered political parties to have access to a monthly update of the roll, in electronic form, at no charge. We understand that arrangements exist for independent candidates for State elections to also be provided with a copy of the relevant electoral roll to support their campaigning efforts. As Local Government elections involve candidates who are independent from political parties, we believe there is a need to amend the Local Government (Elections) Act 1999 to ensure that candidates are provided access to a copy of the appropriate voters roll.
Clause 42 (2) of the Bill bans the exhibit of electoral advertising on public roads (including any structure, fixture or vegetation on a public road). While we expect that Local Government will generally welcome this initiative, it does change the current regulatory environment for Councils in relation to electoral signage. Councils will need to be consulted on this issue.
Clause 42(4) of the Bill introduces regulation making powers to exempt advertisement of a "specified kind or the exhibition of an advertisement in circumstances of a specified kind". There is no indication in the Bill of what regulations, if any, are proposed. We believe that the Bill should also include the specific requirement that the State Government consult with the LGA on any such regulations before they are promulgated.
The Bill also makes a minor amendment to the Local Government Act 1999, removing the reference to a State election in the movable signs section of the Act. This effectively removes the exemption for a candidate in a State election from obtaining authorisation or a permit from Council for the display of a movable sign during the campaign period. Again, we do not anticipate Local Government will object to this provision, but would support a consistent approach for all elections, irrespective of which sphere of Government is involved.
This also raises the issue of consistency of approach across all elections - Federal, State and Local Government. This is particularly relevant for 2010 when elections for all three spheres of Government may occur in the same year. Councils will require clear guidance on the practical implications of this amendment, should it proceed, if we are to avoid a media 'storm' over inconsistency in interpretation and application.
There may be other implications of this Bill for Local Government that the LGA has not yet identified.
The President has written to the Attorney General raising these issues with him and seeking a full briefing from him and/or the relevant officers in his Department on the Bill and any other implications for Local Government that may arise from its implementation. The LGA will advise Councils via LGA Circular of any further information if and when it becomes available.
Councils are asked to provide any feedback on this Bill to the LGA by 1 May 2009.
For further information please contact Paul Perry on 8224 2045 or by email at [email protected].
This is a printer friendly version of the following web page:- http://www.lga.sa.gov.au/site/page.cfm?u=191&print=1&C=17458
House of Assembly—No 74 As laid on the table and read a first time, 5 March 2009
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South Australia
Electoral (Miscellaneous) Amendment Bill 2009
A BILL FOR
An Act to amend the Electoral Act 1985 and to make related amendments to the Constitution Act 1934 and the Local Government Act 1999.
Electoral (Miscellaneous) Amendment Bill 2009 Contents
2 HA GP 105-B OPC 154
Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Amendment provisions
Part 2—Amendment of Electoral Act 1985 4 Amendment of section 4—Interpretation 5 Amendment of section 26—Inspection and purchase of rolls 6 Amendment of section 27—Power to require information 7 Amendment of section 27A—Provision of certain information 8 Substitution of Part 5 Division 3
Division 3—Compulsory enrolment and transfer 32 Compulsory enrolment and transfer of enrolment 32A Notification of transfer with the same subdivision
9 Amendment of section 36—Definitions and related provisions 10 Amendment of section 39—Application for registration 11 Amendment of section 42—Registration 12 Insertion of section 43A
43A Annual returns and other inquiries 13 Amendment of section 45—De-registration of political party 14 Insertion of sections 46A and 46B
46A False statements 46B Membership information to be confidential
15 Amendment of section 48—Contents of writ 16 Amendment of section 52—Qualifications of candidate 17 Amendment of section 58—Grouping of candidates in Legislative Council election 18 Amendment of section 59—Printing of Legislative Council ballot papers 19 Amendment of section 62—Printing of descriptive information on ballot papers 20 Amendment of section 63—Voting tickets 21 Amendment of section 65—Properly staffed polling booths to be provided 22 Substitution of section 66
66 Preparation of certain electoral material 23 Amendment of section 67—Appointment of scrutineers 24 Amendment of section 71—Manner of voting 25 Amendment of section 74—Issue of declaration voting papers by post or other means 26 Amendment of section 80—Voter may be accompanied by an assistant in certain
circumstances 27 Amendment of section 82—Declaration vote, how made 28 Amendment of section 84—Security of facilities 29 Amendment of section 85—Compulsory voting 30 Amendment of section 87—Ballot boxes or other facilities to be kept secure 31 Amendment of section 89—Scrutiny 32 Amendment of section 91—Preliminary scrutiny 33 Amendment of section 94—Informal ballot papers 34 Amendment of section 95—Scrutiny of votes in Legislative Council election 35 Amendment of section 96D—Use of approved computer program in election 36 Amendment of section 105—Respondents to petitions
Electoral (Miscellaneous) Amendment Bill 2009
Contents
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37 Amendment of section 107—Orders that the Court is empowered to make 38 Amendment of section 112—Publication of electoral advertisements, notices etc 39 Insertion of sections 112A, 112B and 112C
112A Special provision relating to how-to-vote cards 112B Certain descriptions not to be used 112C Publication of matter regarding candidates
40 Amendment of section 113—Misleading advertising 41 Amendment of section 114—Heading to electoral advertisements 42 Amendment of section 115—Limitations on display of electoral advertisements 43 Amendment of section 116—Published material to identify person responsible for
political content 44 Amendment of section 119—Offender may be removed from polling booth 45 Insertion of section 137
137 Immunity
Schedule 1—Related amendments and transitional provisions
Part 1—Related amendment to Constitution Act 1934 1 Amendment of section 81—Staff 2 Amendment of section 82—Electoral redistributions
Part 2—Related amendment to Local Government Act 1999 3 Amendment of section 226—Moveable signs
Part 3—Transitional provisions 4 Interpretation 5 Transitional provisions
The Parliament of South Australia enacts as follows:
Part 1—Preliminary 1—Short title
This Act may be cited as the Electoral (Miscellaneous) Amendment Act 2009.
2—Commencement (1) Subject to subsection (2), this Act will come into operation on a day to be fixed by 5
proclamation.
(2) Sections 9 to 14 (inclusive) must be brought into operation on the same day.
3—Amendment provisions In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified. 10
Electoral (Miscellaneous) Amendment Bill 2009 Part 2—Amendment of Electoral Act 1985
4 HA GP 105-B OPC 154
Part 2—Amendment of Electoral Act 1985 4—Amendment of section 4—Interpretation
Section 4(1), definition of voting ticket square—delete the definition and substitute:
voting ticket square means a square printed on a ballot paper for a Legislative Council election for use by voters who choose to vote in accordance with a 5 voting ticket or voting tickets that have been registered under this Act in relation to a candidate or group;
5—Amendment of section 26—Inspection and purchase of rolls (1) Section 26(1)—after "Copies" insert:
(whether in printed or electronic form) 10
(2) Section 26(1)(c)—delete paragraph (c)
(3) Section 26(2)—delete subsection (2) and substitute:
(2) The Electoral Commissioner must, on request—
(a) provide a member of the House of Assembly with an up-to-date copy of the electoral roll for the member's 15 district;
(b) provide a member of the Legislative Council with an up-to-date copy of the electoral roll for the Legislative Council district;
(c) provide the registered officer of a registered political party 20 with an up-to-date copy of any electoral roll for any district.
(3) The following provisions apply in connection with the operation of subsection (2):
(a) a request under subsection (2) may be made on the basis that a copy of the relevant roll (or rolls) will be provided on a 25 monthly basis (and the Electoral Commissioner is not required to provide a roll to a particular person (or registered political party) more frequently than once in each month);
(b) a copy of a roll may be provided in electronic form (as determined by the Electoral Commissioner); 30
(c) a copy of a roll must be provided without the requirement to pay a fee.
6—Amendment of section 27—Power to require information (1) Section 27(1)(a)—delete paragraph (a) and substitute:
(a) an agency or instrumentality of the Crown, or any other prescribed 35 authority; or
(ab) any public sector employee; or
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(2) Section 27—after subsection (1) insert:
(1a) The regulations may provide that subsection (1) does not apply to—
(a) a particular agency or instrumentality of the Crown, prescribed authority, or public sector employee; or
(b) specified information or material in the possession or control 5 of an agency, instrumentality, authority, body or person.
7—Amendment of section 27A—Provision of certain information (1) Section 27A(2)(c)—delete paragraph (c) and substitute:
(c) the elector's date of birth.
(2) Section 27A(2), note—delete the note 10
(3) Section 27A(5), penalty provision—delete the penalty provision and substitute: Maximum penalty: $10 000.
(4) Section 27A—after subsection (5) insert:
(6) A fee is not payable under subsection (4)(b) if the person to whom the information is provided is a Member of Parliament. 15
8—Substitution of Part 5 Division 3 Part 5 Division 3—delete Division 3 and substitute:
Division 2A—Itinerant persons
31A—Itinerant persons (1) A person— 20
(a) who is in South Australia; and
(b) who qualifies for enrolment under section 29(1)(a), (b) and (d) but does not qualify for enrolment under section 29(1)(c) because he or she does not have a fixed place of residence (whether within the State or elsewhere), 25
may apply for enrolment under this section.
(2) An application under this section—
(a) must be made to the Electoral Commissioner in a form approved by the Electoral Commissioner; and
(b) must be signed and attested as required by the Electoral 30 Commissioner.
(3) The form approved by the Electoral Commissioner may require the applicant to specify an address that may be taken to be the person's principal place of residence for the purposes of this Act.
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(4) If the Electoral Commissioner is satisfied that a person has made a valid application in accordance with subsections (1) and (2)—
(a) the person is entitled to be enrolled as an elector under this Act despite the provisions of Division 1; and
(b) a further claim for enrolment need not be made under 5 Division 2; and
(c) the Electoral Commissioner will cause the name of the person to be entered on the roll for the subdivision which is, according to a determination of the Electoral Commissioner after taking into account— 10
(i) any address specified under subsection (3); and
(ii) any other relevant factor,
the most appropriate subdivision for the purposes of the enrolment of the person.
(5) The Electoral Commissioner may, in connection with the operation 15 of subsection (4) and after taking into account any address specified under subsection (3), include on the roll an address in the subdivision that is to be taken to be the person's principal place of residence for the purposes of this Act and any other Act or law relating to enrolment under this Act. 20
(6) The Electoral Commissioner will also annotate the roll so as to indicate that the person is enrolled under this section.
(7) While a person is the subject of an annotation under subsection (6), the person is entitled (despite any other provision of this Act)—
(a) to have his or her name retained on the roll for the relevant 25 subdivision; and
(b) to vote as an elector for that subdivision.
(8) Despite a preceding subsection, the Electoral Commissioner will not deal with an application under this section received between the time on which rolls for an election in the relevant district close and polling 30 day for that election.
(9) If an application under this section is rejected, the Electoral Commissioner must take reasonable steps to notify the applicant in writing—
(a) of the rejection of the application; and 35
(b) of the reason for its rejection; and
(c) of the applicant's rights under this Act to appeal against the decision.
(10) If a person who is enrolled under this section—
(a) qualifies for enrolment with respect to a place of residence 40 under section 29(1)(c); or
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(b) forms the intention to leave South Australia and to remain outside the State for a continuous period of at least 1 month,
the person must, as soon as practicable, give notice to the Electoral Commissioner in a form approved by the Electoral Commissioner.
(11) A person ceases to be entitled to be enrolled under this section if— 5
(a) the person gives notice under subsection (10); or
(b) the person fails to vote at a general election while enrolled under this section; or
(c) the Electoral Commissioner becomes aware that the person— 10
(i) has qualified for enrolment with respect to a place of residence under section 29(1)(c); or
(ii) has ceased to be entitled to be enrolled under this Act (otherwise than with respect to the operation of section 29(1)(c)); or 15
(iii) has remained outside the State for a continuous period of at least 1 month.
(12) If a person ceases to be entitled to be enrolled under this section, the Electoral Commissioner will remove the person's name, and the relevant annotation, from the roll (but may then, if relevant, re-enter 20 the name in accordance with any entitlement that exists apart from this section).
(13) A person who falls within the ambit of subsection (11) may make a new application under this section if or when he or she again qualifies under the terms of subsection (1). 25
Division 3—Compulsory enrolment and transfer
32—Compulsory enrolment and transfer of enrolment (1) A person who is entitled to be enrolled for any subdivision, whether
by way of enrolment or transfer of enrolment, and whose name is not on the Roll for that subdivision must, within 21 days from the date 30 on which the person became so entitled, make a claim in accordance with this Act for enrolment or for transfer of enrolment (as the case may require).
(2) Subsection (1) does not apply to a person who is entitled to be enrolled in accordance with section 29(2) or 31A. 35
(3) A person who fails, without proper excuse, to make a claim for enrolment or transfer of enrolment in accordance with this section is guilty of an offence. Maximum penalty: $75.
(4) Proceedings for an offence against subsection (3) may not be 40 commenced after a claim for enrolment or transfer of enrolment (as the case may require) has been made.
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32A—Notification of transfer with the same subdivision (1) An elector whose principal place of residence changes from one
address to another within the same subdivision must, within 21 days of the change, notify an electoral registrar of the address of the elector's current principal place of residence. 5
(2) An elector who fails, without proper excuse, to give a notification under this section is guilty of an offence. Maximum penalty: $75.
(3) Proceedings for an offence against subsection (2) may not be commenced after an appropriate notification has been given. 10
9—Amendment of section 36—Definitions and related provisions (1) Section 36(1), definition of eligible political party—delete the definition and
substitute:
eligible political party means—
(a) a parliamentary party; or 15
(b) a political party (other than a parliamentary party) whose membership includes at least 500 electors;
(2) Section 36(1), definition of parliamentary party—delete the definition and substitute:
parliamentary party means a political party at least 1 member of which is—
(a) a member of the Parliament of South Australia; or 20
(b) a Senator for the State of South Australia; or
(c) a member of the House of Representatives chosen in the State of South Australia;
(3) Section 36(3)—delete subsection (3) and substitute:
(3) For the purposes of this Part, 2 or more political parties cannot rely 25 on the same member for the purpose of qualifying or continuing to qualify as an eligible political party.
(4) The following provisions apply in connection with the membership requirements for political parties:
(a) a member who is relied on by 2 or more political parties 30 may nominate the party entitled to rely on the member, but if a party is not nominated after the Electoral Commissioner has, in accordance with the regulations, given the member an opportunity to do so, the member is not entitled to be relied on by any of those parties; 35
(b) the registration of a party is not to be cancelled because of the provisions of this section unless the party is given an opportunity by the Electoral Commissioner, in accordance with the regulations, to change the member or members on whom it relies. 40
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10—Amendment of section 39—Application for registration Section 39(2)—after paragraph (e) insert:
and
(f) in the case of a party that is not a parliamentary party—
(i) set out the names and addresses (as enrolled) of 500 electors 5 who are members of the party and on whom the party relies for the purpose of qualifying as an eligible political party; and
(ii) be accompanied by declarations of membership of the party (in the form determined by the Electoral Commissioner) 10 completed and signed by the members on whom the party relies for the purpose of qualifying as an eligible political party; and
(g) in the case of a parliamentary party—
(i) set out the name and address of the member on whom the 15 party relies for the purpose of qualifying as an eligible political party; and
(ii) be accompanied by a declaration of membership of the party (in the form determined by the Electoral Commissioner) completed and signed by the member on whom the party 20 relies for the purpose of qualifying as an eligible political party; and
(h) be accompanied by a $500 application fee (which is not refundable).
11—Amendment of section 42—Registration (1) Section 42(3)—delete subsection (3) and substitute: 25
(3) An application for the registration of a political party may be refused if, in the opinion of the Electoral Commissioner the name of the party, or the abbreviation (if any) of the name, that it wishes to be registered—
(a) is the name, or an abbreviation or acronym of the name, of a 30 prominent public body, or so nearly resembles the name, or an abbreviation or acronym of the name, of a prominent public body that it is likely to be confused with that name, abbreviation or acronym; or
(b) comprises or contains a word or set of words— 35
(i) that constitute a distinctive aspect or part of the name of another political party (not being a related political party) that is a parliamentary party or a registered political party; or
Electoral (Miscellaneous) Amendment Bill 2009 Part 2—Amendment of Electoral Act 1985
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(ii) that so nearly resemble a distinctive aspect or part of the name of another political party (not being a related political party) that is a parliamentary party or a registered political party that it appears that that distinctive aspect or part of that name is being 5 adopted by the political party applying for registration.
Note—
For example, the underlined words constitute distinctive aspects or parts of the names of political parties: 10
Australian Democrats (South Australian Division Inc)
Australian Labor Party (South Australian Branch)
The Liberal Party of Australia (SA Division)
The National Party of Australia (SA) Inc
No Pokies Campaign Inc. 15
(3a) Subsection (3)(b) does not apply if the applicant for registration provides the Electoral Commissioner with a declaration (in the form determined by the Electoral Commissioner) that has been signed by a person authorised by the relevant parliamentary party or registered political party (as the case may require) and states that the party 20 consents to the use of the particular word or set of words.
(2) Section 42—after subsection (5) insert:
(5a) However, a registration will not have effect for the purposes of Parts 8, 9 or 10 until 6 months after publication of the notice of registration under subsection (5)(d). 25
12—Insertion of section 43A After section 43 insert:
43A—Annual returns and other inquiries (1) The registered officer of a registered political party must, by
30 September each year, furnish to the Electoral Commissioner a 30 return as to the party's continued eligibility for registration under this Part in the form prescribed by the regulations.
(2) A return under subsection (1) must be accompanied by any documents required under the regulations.
(3) A return is not required under subsection (1) if the party has been 35 registered for less than 6 months before the return is due to be furnished.
(4) The Electoral Commissioner may at any time, by notice in writing, require a registered officer of a registered political party to provide such information as is specified in the notice for the purpose of 40 determining whether the party is still eligible to be registered under this Part.
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(5) If the registered officer of a registered political party fails to comply with a requirement under this section, the Electoral Commissioner may de-register the party.
13—Amendment of section 45—De-registration of political party Section 45(1)(b)—delete paragraph (b) and substitute: 5
(b) a political party so registered has ceased to have the required number of members (or, in the case of a parliamentary party, an appropriate member) to enable the party to continue as an eligible political party; or
14—Insertion of sections 46A and 46B 10
After section 46 insert:
46A—False statements A person who, in furnishing information for the purposes of this Part, makes a statement that is false or misleading in a material particular is guilty of an offence. 15
Maximum penalty: $5 000.
46B—Membership information to be confidential (1) Subject to subsection (2), the names and addresses of electors
appearing in material provided to the Electoral Commissioner in connection with the membership requirements for registration, or 20 continued registration, as a political party under this Part will be held by the Electoral Commissioner on a confidential basis (and therefore that material will not be available for public inspection under this Part).
(2) Subsection (1) does not prevent the Electoral Commissioner 25 providing information to a prescribed person or body, or a person or body of a prescribed class, (if any) for purposes connected with the operation or administration of this Act.
15—Amendment of section 48—Contents of writ Section 48(3)—delete subsection (3) and substitute: 30
(3) The date fixed for the close of the rolls must be—
(a) subject to paragraph (b)—the date falling 10 days after the date of the issue of the writ;
(b) if the day that would apply under paragraph (a) would be a Saturday, Sunday or public holiday—the date falling on the 35 day next following the Saturday, Sunday or public holiday that is not itself a Saturday, Sunday or public holiday.
Electoral (Miscellaneous) Amendment Bill 2009 Part 2—Amendment of Electoral Act 1985
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16—Amendment of section 52—Qualifications of candidate Section 52—after subsection (1) insert:
(1a) A person is not qualified to be a candidate for election as a member of the House of Assembly or the Legislative Council if the person would, if elected at the relevant election, be required to immediately 5 vacate his or her seat under section 17 or 31 of the Constitution Act 1934 (as the case requires).
17—Amendment of section 58—Grouping of candidates in Legislative Council election
(1) Section 58(1)—delete "Where" and substitute: 10
Subject to this section, if
(2) Section 58—after subsection (3) insert:
(4) The number of candidates in a group must not exceed the number of candidates required to be elected at the particular election.
18—Amendment of section 59—Printing of Legislative Council ballot papers 15
(1) Section 59(1)(a)—after "not included in groups" insert:
(on the basis that the groups and then the individual candidates will be placed sequentially on the ballot paper starting towards the left-hand side of the ballot paper and then moving across the ballot paper (towards the right-hand side) and, if necessary, on to and across a second or subsequent row or rows) 20
(2) Section 59(2)—delete subsection (2) and substitute:
(2) If notice of an intention to lodge a voting ticket or voting tickets has been given in accordance with this Division, an additional square must be printed on the ballot paper in order to provide for the casting of votes in accordance with that ticket or those tickets. 25
19—Amendment of section 62—Printing of descriptive information on ballot papers
Section 62(3)—delete subsection (3) and substitute:
(3) The Electoral Commissioner may reject an application under subsection (1)(d) if— 30
(a) the description to which the application relates is, in the opinion of the Electoral Commissioner, obscene or frivolous; or
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(b) the word or words constituting the description could not be, or may not be able to be, registered as the name, or as part of the name, of a political party under Part 6 because of the operation of section 42(2)(e) or (3)(b), other than where the application includes a declaration (in the form determined 5 by the Electoral Commissioner) that has been signed by a person authorised by the relevant parliamentary party or registered political party and states that the party supports the application.
(4) A decision of the Electoral Commissioner to accept or reject an 10 application under subsection (1)(d) is final and conclusive and not subject to review or appeal.
20—Amendment of section 63—Voting tickets Section 63—after subsection (4) insert:
(5) If— 15
(a) notice of intention to lodge a voting ticket for a Legislative Council election is given under subsection (2)(a); but
(b) a voting ticket is not then lodged in accordance with the requirements of subsection (2)(b),
the Electoral Commissioner must take reasonable steps to inform the 20 candidate or candidates to whom the voting ticket was to relate of the failure to lodge the voting ticket in accordance with the requirements of this section (but the Electoral Commissioner need not take any other action in relation to the matter).
21—Amendment of section 65—Properly staffed polling booths to be provided 25
Section 65(2)—after "polling booth" insert:
unless the Electoral Commissioner has taken reasonable steps to ensure that liquor will not be sold or consumed on the premises while the polling booth is open for voting or otherwise being used for the purposes of the poll
22—Substitution of section 66 30
Section 66—delete the section and substitute:
66—Preparation of certain electoral material (1) The Electoral Commissioner must have the following electoral
material prepared for use in polling booths on polling day:
(a) posters formed from how-to-vote cards submitted by the 35 candidates in the election; and
(b) in relation to a Legislative Council election—posters or booklets, or posters and booklets containing the voting tickets registered for the purposes of the election.
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(2) Material submitted for inclusion under subsection (1)—
(a) must list candidates in the same order as their names will appear on the relevant ballot paper; and
(b) must comply with any other requirement prescribed by the regulations; and 5
(c) must be submitted in a quantity determined by the Electoral Commissioner; and
(d) in the case of how-to-vote cards, must be received by the Electoral Commissioner not later than 4 days after the day for nomination; and 10
(e) if 2 or more candidates form a group for the purposes of a Legislative Council election—must be jointly submitted by or on behalf of all candidates in the group; and
(f) must not identify a candidate—
(i) by reference to the registered name of a registered 15 political party or a composite name consisting of the registered names of 2 registered political parties; or
(ii) by the use of a word or set of words that could not be, or may not be able to be, registered as the name, 20 or as part of the name, of a political party under Part 6 because of the operation of section 42(2)(e) or (3)(b),
unless the candidate provides the Electoral Commissioner with a declaration (in the form determined by the Electoral 25 Commissioner) that is signed by a person authorised by the relevant parliamentary party or registered political party (as the case may require) and states that—
(iii) the candidate is endorsed by the party; or
(iv) the party has consented to the use of the relevant 30 name or names or word or words; and
(g) in the case of how-to-vote cards—must, in relation to how-to-vote cards submitted by or on behalf of the same candidate or group of candidates, be in identical form.
(3) The form of a poster or booklet prepared under this section will, 35 subject to this section, be as determined by the Electoral Commissioner.
(4) The order in which the electoral material referred to in subsection (1) is arranged will correspond to the order in which the names of candidates will appear on the relevant ballot paper. 40
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(5) The presiding officer at each polling booth must cause posters and booklets prepared under subsection (1) to be displayed or made available (as the case may be) in a prominent position in the polling booth and in accordance with any direction issued by the Electoral Commissioner. 5
23—Amendment of section 67—Appointment of scrutineers Section 67(1) and (2)—delete subsections (1) and (2) and substitute:
(1) Each candidate may appoint 1 or more scrutineers for the purposes of an election.
(2) A person cannot act as a scrutineer at a particular place on behalf of a 10 candidate unless or until a copy of a written notice of appointment of the person as a scrutineer, signed by the candidate, is presented to the officer presiding at that place.
24—Amendment of section 71—Manner of voting Section 71—after subsection (2) insert: 15
(3) In addition, a person whose name has been removed from the electoral roll by virtue of an objection under Part 5 Division 4 is entitled to make a declaration vote at an election if—
(a) the ground for the objection was that the person failed to notify an electoral registrar of a change of address in 20 accordance with the requirements of this Act; and
(b) the previous address and the new address are both in the same House of Assembly district.
(4) A person who satisfies the requirements of subsection (3) will be taken to be an elector for the purposes of the other provisions of this 25 Act (with respect to the election or elections held on the day in relation to which the entitlement under that subsection arises).
25—Amendment of section 74—Issue of declaration voting papers by post or other means
(1) Section 74(1)—delete "by post" and substitute: 30
under this section
(2) Section 74(2)—delete "is posted" and substitute:
is dispatched
(3) Section 74—after subsection (2) insert:
(2a) Declaration voting papers under subsection (1) or a response under 35 subsection (2) may be issued or dispatched—
(a) by post; or
(b) in some other manner prescribed by the regulations.
(4) Section 74(3)(b)(iii)—delete subparagraph (iii) and substitute:
(iii) caring for a person who is seriously ill, infirm or disabled, 40
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(5) Section 74(3)—after paragraph (b) insert:
; or
(c) the elector's place of residence is not within 20 kilometres, by the shortest practicable route—
(i) of any place likely to be a polling place appointed under this 5 Act; or
(ii) of any place likely to constitute the site of a mobile polling booth established under this Act,
(6) Section 74—after subsection (6) insert:
(7) A person who is given an application by an elector for the issue of 10 declaration voting papers under this section on the basis that the person will deliver the application to the appropriate officer must transmit the application to the appropriate officer as soon as possible. Maximum penalty: $1 250.
26—Amendment of section 80—Voter may be accompanied by an assistant in 15 certain circumstances
(1) Section 80(1)—delete "subsection (2)" and substitute:
this section
(2) Section 80—after subsection (3) insert:
(4) A candidate, or a scrutineer appointed by a candidate, must not act as 20 an assistant under this section. Maximum penalty: $1 250.
27—Amendment of section 82—Declaration vote, how made (1) Section 82(1)(c)—delete "by post to the elector" and substitute:
(4a) A person who is given an envelope containing a declaration vote of an elector for transmission to a returning officer must lodge it with, 30 or forward it by post to, the appropriate district returning officer as soon as possible. Maximum penalty: $1 250.
28—Amendment of section 84—Security of facilities Section 84—after "ballot boxes" insert: 35
or other secured facilities
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29—Amendment of section 85—Compulsory voting (1) Section 85(5)—delete "at the foot of the notice by stating in it" and substitute:
in the indicated place by stating
(2) Section 85(5)—after "him or her," insert:
and then 5
30—Amendment of section 87—Ballot boxes or other facilities to be kept secure
(1) Section 87(1)—after "a ballot box" insert:
or other facility used for keeping voting papers
(2) Section 87(1)(a)—delete "the ballot box" and substitute: 10
it
(3) Section 87(2)—delete subsection (2) and substitute:
(2) An officer must, before voting papers are first deposited in a ballot box or other secured facility for the purposes of an election, publicly exhibit it empty. 15
31—Amendment of section 89—Scrutiny Section 89—after subsection (2) insert:
(3) Despite subsection (2), the returning officer or a deputy returning officer may undertake a preliminary scrutiny of declaration voting papers (without opening any envelope) before the close of poll. 20
32—Amendment of section 91—Preliminary scrutiny (1) Section 91(1)—delete subsection (1) and substitute:
(1) For the purposes of the scrutiny of declaration voting papers, the returning officer or a deputy returning officer—
(a) must begin by producing the relevant applications for 25 declaration voting papers and, unopened, the envelopes containing declaration ballot papers, being such envelopes received by him or her up to the end of the period of 7 days immediately following the close of the poll, or received by any other officer up to the close of the poll; and 30
(b) must then—
(i) in the case of declaration voting papers of voters whose votes were not taken before an officer, satisfy himself or herself—
(A) that the signature of the declarant 35 corresponds with the signature on the application for declaration voting papers; and
Electoral (Miscellaneous) Amendment Bill 2009 Part 2—Amendment of Electoral Act 1985
18 HA GP 105-B OPC 154
(B) that the vote was recorded before the close of the poll,
and if so satisfied, accept the ballot paper for further scrutiny by withdrawing the ballot paper from its envelope and, without inspecting or unfolding it or 5 allowing any other person to do so, by placing it in a securely closed ballot box or other facility reserved for such ballot papers but, if not so satisfied, disallow the ballot paper without opening the envelope in which it is contained; 10
(ii) in the case of declaration voting papers of voters whose votes were taken before an officer, proceed with the process by withdrawing the ballot paper from its envelope and, without inspecting or unfolding it or allowing any other person to do so, 15 by placing it in a securely closed ballot box or other facility reserved for such ballot papers, unless he or she determines that there is proper cause at this stage for not accepting the ballot paper for further scrutiny under this Act; and 20
(c) must then seal up in separate parcels and preserve—
(i) all envelopes endorsed with declarations relating to declaration ballot papers accepted for further scrutiny; and
(ii) all unopened envelopes containing declaration 25 ballot papers disallowed; and
(d) must then proceed with the scrutiny of the declaration ballot papers that have been accepted for further scrutiny.
(2) Section 91(1a)(a)—after "ballot box" insert:
or other facility 30
(3) Section 91(2)—delete subsection (2) and substitute:
(2) If, in conducting a scrutiny, it appears to a returning officer or deputy returning officer that 2 or more declaration ballot papers in respect of the same election have been received from the same elector, the returning officer or deputy returning officer must, subject to this 35 section, accept the first such ballot paper that came into his or her hands and reject the remainder from further scrutiny.
(a) notice of intention to lodge a voting ticket for a Legislative Council election was given under section 63(2)(a) but a voting ticket was not then lodged in accordance with the 5 requirements of section 63(2)(b); and
(b) the ballot papers for the election contain a voting ticket square on the basis that the voting ticket was to be lodged; and
(c) a voter uses that voting ticket square, 10
then the ballot paper is informal unless—
(d) subsection (4) of section 92 applies; or
(e) subsection (6) of this section applies.
34—Amendment of section 95—Scrutiny of votes in Legislative Council election 15
(1) Section 95(2)(h)—delete paragraph (h) and substitute:
(h) transmit the parcels to the deputy returning officer with the least possible delay, together with the statement specified in paragraph (d).
(2) Section 95(3)—delete subsection (3) and substitute: 20
(3) The deputy returning officer must—
(a) open all ballot boxes and other facilities used for keeping voting papers not opened by an assistant returning officer and must conduct the scrutiny of the ballot papers contained in those boxes or facilities, as far as practicable, in the 25 manner described above; and
(b) if authorised by the Electoral Commissioner—
(i) open the sealed parcels of ballot papers received from the assistant returning officers that comprise ballot papers where voting has occurred by the use 30 of a voting ticket square; and
(ii) make a fresh scrutiny of the ballot papers contained in those parcels, and for that purpose he or she has the same powers as if the fresh scrutiny were the original scrutiny, and may reverse any decision 35 given in the original scrutiny; and
(iii) arrange the unrejected ballot papers so scrutinised by him or her under the names of the respective candidates by placing in a separate parcel all those on which a first preference is indicated for the same 40 candidate by virtue of the voting ticket; and
Electoral (Miscellaneous) Amendment Bill 2009 Part 2—Amendment of Electoral Act 1985
20 HA GP 105-B OPC 154
(iv) count the first preference votes given for each candidate on all unrejected ballot papers arranged under subparagraph (iii); and
(v) make out and sign a statement setting out the number of first preference votes given for each 5 candidate under subparagraph (iv), and the number of informal ballot papers under this paragraph; and
(vi) place in a separate parcel all the ballot papers which have been rejected as informal under this paragraph; and 10
(c) seal up all parcels created under this subsection and endorse on each parcel a description of its contents; and
(d) complete a return, in a form determined by the Electoral Commissioner, addressed to the returning officer for the Legislative Council; and 15
(e) transmit all voting papers, together with the return, to the returning officer for the Legislative Council.
(3) Section 95(4)—delete "The returning officer" and substitute:
Subject to subsection (4a), the returning officer
(4) Section 95—after subsection (4) insert: 20
(4a) The returning officer may, to such extent as he or she determines to be appropriate, rely on any information contained in a return under subsection (3) in substitution for conducting a fresh scrutiny under subsection (4) (and that information will then, to the extent determined by the returning officer, have full effect for the purposes 25 of the succeeding provisions of this section).
35—Amendment of section 96D—Use of approved computer program in election
(after taking into account the operation of subsection (4a) (if relevant)) 30
(2) Section 96D(2)(c)—after "(20) to (28) (inclusive)" insert:
(after taking into account the operation of subsection (4a) (if relevant))
36—Amendment of section 105—Respondents to petitions Section 105—delete "is the respondent" and substitute:
and the person who was the successful candidate at the relevant election are 35 both respondents
Electoral (Miscellaneous) Amendment Bill 2009
Amendment of Electoral Act 1985—Part 2
HA GP 105-B OPC 154 21
37—Amendment of section 107—Orders that the Court is empowered to make Section 107—after subsection (4) insert:
(5) An election may be declared void on the ground of misleading advertising but only if the Court of Disputed Returns is satisfied, on the balance of probabilities, that the result of the election was 5 affected by that advertising.
(6) An election may be declared void on the ground of a breach of section 109, 110 or 111 in accordance with the following provisions:
(a) if the Court of Disputed Returns finds, either on the basis of a conviction or on the balance of probabilities, that the 10 successful candidate, or a person acting on behalf of the successful candidate with the successful candidate's knowledge, has committed such a breach, then the Court may declare the election to be void whether or not it is satisfied that the result of the election was affected by the 15 breach;
(b) if the Court of Disputed Returns finds, on the balance of probabilities, that the breach was committed without the successful candidate's knowledge, then the Court may declare the election to be void only if satisfied, on the 20 balance of probabilities, that the result of the election was affected by the breach.
38—Amendment of section 112—Publication of electoral advertisements, notices etc
(1) Section 112(1)—after "in printed form" insert: 25
or through electronic publication on the Internet
(2) Section 112(1)(a)—after "the name" insert:
(being the name by which the person is usually known)
(3) Section 112(1), penalty provision—delete the penalty provision and substitute: Maximum penalty: 30
(a) if the offender is a natural person—$5 000.
(b) if the offender is a body corporate—$10 000.
Electoral (Miscellaneous) Amendment Bill 2009 Part 2—Amendment of Electoral Act 1985
22 HA GP 105-B OPC 154
39—Insertion of sections 112A, 112B and 112C After section 112 insert:
112A—Special provision relating to how-to-vote cards (1) During the election period for an election, a person must not
distribute, or cause or permit to be distributed, a how-to-vote card 5 unless—
(a) the name (being the name by which the person is usually known) and address (not being a post office box) of the person who authorised the card appears at the bottom of the card; and 10
(b) if the card is authorised—
(i) for a registered political party or a candidate endorsed by a registered political party—the party's name or, if the Register of Political Parties includes an abbreviation of the party's name, that 15 abbreviation; or
(ii) for a candidate who is not endorsed by a registered political party—the candidate's name and the word "candidate",
is stated on the card in accordance with any requirements 20 prescribed by the regulations.
Maximum penalty: $5 000.
(2) Subsection (1) does not apply in relation to how-to-vote cards submitted for inclusion in posters under section 66.
(3) In this section— 25
distribute a how-to-vote card includes make the card available to other persons.
112B—Certain descriptions not to be used (1) A person must not publish or distribute an electoral advertisement or
a how-to-vote card that identifies a candidate— 30
(a) by reference to the registered name of a registered political party or a composite name consisting of the registered names of 2 registered political parties; or
(b) by the use of a word or set of words that could not be, or may not be able to be, registered as the name, or as part of 35 the name, of a political party under Part 6 because of the operation of section 42(2)(e) or (3)(b),
unless—
(c) the candidate is endorsed by the relevant parliamentary party or registered political party (as the case may be); or 40
Electoral (Miscellaneous) Amendment Bill 2009
Amendment of Electoral Act 1985—Part 2
HA GP 105-B OPC 154 23
(d) the relevant parliamentary party or registered political party has consented to the use of the relevant name or names or word or words (as the case may be).
Maximum penalty: $5 000.
(2) Subsection (1) applies to publication by any means (including radio 5 or television).
(3) Subsection (1) does not prevent the publication of background information, a personal profile, or a declaration of policy, by or in relation to a candidate.
(4) In this section— 10
distribute an electoral advertisement or how-to-vote card includes make the relevant advertisement or how-to-vote card available to other persons.
112C—Publication of matter regarding candidates (1) If, in any matter announced or published, or caused to be announced 15
or published, by a person on behalf of any association, league, organisation or other body, it is—
(a) claimed or suggested that a candidate in an election is associated with, or supports the policy or activities of, that association, league, organisation or body; or 20
(b) expressly or impliedly advocated or suggested—
(i) in the case of a Legislative Council election—that a voter should place in the square opposite the name of a candidate on a ballot-paper a number not greater than the number of members to be elected; 25 or
(ii) in the case of a House of Assembly election—that that candidate is the candidate for whom the first preference vote should be given,
that person is guilty of an offence. 30
Maximum penalty:
If the offender is a natural person—$1 000;
If the offender is a body corporate—$5 000.
(2) Subsection (1) does not apply if the person proves that he or she is authorised in writing by the candidate to announce or publish the 35 thing claimed, suggested or advocated.
Electoral (Miscellaneous) Amendment Bill 2009 Part 2—Amendment of Electoral Act 1985
24 HA GP 105-B OPC 154
(3) Where any matter, the announcement or publication of which by any person without the written authority of a candidate would be an offence against subsection (1) on the part of that person, is announced or published by or on behalf of, or with the support of, any association, league, organisation or other body, every person 5 who was an officer of the association, league, organisation or body at the time of that announcement or publication is guilty of an offence against subsection (1).
(4) For the purposes of this section, where any matter purports, expressly or impliedly, to be announced or published by or on behalf of, or in 10 the interests or with the support of, any association, league, organisation or other body, the matter will, in the absence of proof to the contrary, be deemed to be announced or published by or on behalf, or with the support, of the association, league, organisation or other body. 15
(5) Nothing in this section applies to or in relation to any announcement or publication made or authorised by a bona fide political party respecting a candidate who, by public announcement, has declared his or her candidature to be a candidature on behalf of, or in the interests of, that party. 20
40—Amendment of section 113—Misleading advertising Section 113(2), penalty provision—delete the penalty provision and substitute:
Maximum penalty:
(a) if the offender is a natural person—$5 000.
(b) if the offender is a body corporate—$25 000. 25
41—Amendment of section 114—Heading to electoral advertisements (1) Section 114(1)—delete "newspaper" wherever occurring and substitute in each case:
journal
(2) Section 114(1), penalty provision—delete the penalty provision and substitute: Maximum penalty: 30
(a) if the offender is a natural person—$1 250.
(b) if the offender is a body corporate—$5 000.
(3) Section 114—after subsection (2) insert:
(3) In this section—
journal means a newspaper, magazine or other periodical, whether 35 published for sale or for distribution without charge.
42—Amendment of section 115—Limitations on display of electoral advertisements
(1) Section 115(1), penalty provision—delete the penalty provision and substitute: Maximum penalty: $5 000. 40
Electoral (Miscellaneous) Amendment Bill 2009
Amendment of Electoral Act 1985—Part 2
HA GP 105-B OPC 154 25
(2) Section 115—after subsection (2) insert:
(2a) A person must not exhibit an electoral advertisement on a public road (including any structure, fixture or vegetation on a public road) or in any other public place. Maximum penalty: $5 000. 5
(2b) Subsection (2a) expires on 31 March 2014.
(3) Section 115(3)(c)—delete paragraph (c)
(4) Section 115—after subsection (3) insert:
(4) The regulations may provide that any provisions of this section do not apply to an advertisement of a specified kind or the exhibition of 10 an advertisement in circumstances of a specified kind.
(5) In this section—
public place means a public place within the meaning of the Local Government Act 1999;
public road means a road within the meaning of the Road Traffic 15 Act 1961.
43—Amendment of section 116—Published material to identify person responsible for political content
(1) Section 116(1), penalty provision—delete the penalty provision and substitute: Maximum penalty: 20
(a) if the offender is a natural person—$1 250.
(b) if the offender is a body corporate—$5 000.
(2) Section 116(2)—after paragraph (d) insert:
(e) any other prescribed material or class of material.
44—Amendment of section 119—Offender may be removed from polling booth 25
Section 119(2)—after "subsection (1)" insert:
(including a candidate or scrutineer)
45—Insertion of section 137 After section 136 insert:
137—Immunity 30
(1) No civil liability attaches to the Electoral Commissioner or any other officer acting in the administration of this Act for an act or omission in good faith in the exercise, performance or discharge, or purported exercise, performance or discharge, of powers, functions or duties under this Act. 35
(2) A liability that would, but for this section, attach to a person attaches instead to the Crown.
Electoral (Miscellaneous) Amendment Bill 2009 Schedule 1—Related amendments and transitional provisions
26 HA GP 105-B OPC 154
Schedule 1—Related amendments and transitional provisions
Part 1—Related amendment to Constitution Act 1934 1—Amendment of section 81—Staff
Section 81(2) and (3)—delete subsections (2) and (3) and substitute:
(2) The Commission may appoint other persons to the staff of the 5 Commission.
(3) An office within the staff of the Commission may be held in conjunction with an office in the public service of the State.
(4) A member of the staff of the Commission may receive such remuneration, if any, as may be determined by the Commission. 10
2—Amendment of section 82—Electoral redistributions Section 82(2)(c)—delete "three" and substitute:
24
Part 2—Related amendment to Local Government Act 1999 3—Amendment of section 226—Moveable signs 15
Section 226(3)(c)—delete "State or"
Part 3—Transitional provisions 4—Interpretation
In this Schedule—
principal Act means the Electoral Act 1985; 20
relevant day means the day on which sections 9 to 14 of this Act come into operation.
5—Transitional provisions (1) The amendments effected to Part 6 of the principal Act by this Act will apply from
6 months after the relevant day with respect to a political party registered under that Part immediately before the relevant day. 25
(2) A political party registered under Part 6 of the principal Act immediately before the relevant day is not required to furnish a return under section 43A of the principal Act (as enacted by this Act) until 30 September 2010.
(3) An application for the registration of an eligible political party (not being a parliamentary party) made but not finally determined before the amendment of Part 6 30 of the principal Act must comply with the requirements of that Part as amended by this Act, but the Electoral Commissioner must allow the applicant a reasonable opportunity to amend the application in order to comply with those requirements.
Electoral (Miscellaneous) Amendment Bill 2009
Related amendments and transitional provisions—Schedule 1
HA GP 105-B OPC 154 27
(4) The registration of an elector under paragraph (b)(iii) of section 74(3) of the principal Act is not affected by the amendment of that paragraph by this Act.
Agenda Report – 14th April 2009 5317. LOCAL GOVERNMENT DEPARTMENT AND ASSOCIATIONS (CONT.):
17.4 LGA CIRCULAR 14.5
Subject: New Members Survey & Report Report By: Chief Executive Officer Report Date: 07/04/2009 File Reference: GDS 10.3.2.1 Action: To Be Determined Attachments: Yes
SMP Reference: Objective 1 Respected, Responsive, Open and Effective Leadership Strategy 5 Promote a positive image of Council Action 3 Maintain membership of and active involvement in the South Australian
Local Government Association and associated state level activities and projects.
The attached Circular from the Local Government Association of South Australia (LGA)
advises Council of the release of the results report from the new Member survey and the release of a draft strategy addressing the report’s recommendations.
Copies of the survey results and the draft strategy are both attached for the information and
reference of Elected Members. The LGA is seeking feedback from Councils on the draft strategy.
Does Council have any views that it wishes to have conveyed to the LGA? ~~Options:~~
(i) Cr / Cr
(ii) Cr / Cr
New Council Members - a Survey and Report on Support Needs and Aspirations - Circular 14.5
The LGA conducted a survey with funding assistance from the LGR&D of New Council Members elected at the 2006 elections. The survey results and a draft strategy addressing the recommendations in the report are attached. Feedback on the draft strategy is sought by 8 May 2009.
In 2007 the LGA received funding from the LGR&DS to conduct a comprehensive survey of new Council Members
(refer LGA Circular 9.4 of 2008). The survey was designed to ascertain, 12-18 months after election, what is
assisting them to carry out their role in Councils and what difficulties they may have encountered. In particular the
LGA expected to use the survey to:
enhance the delivery of information sessions for candidates and training programs post elections;■gain insight into the needs of new Council Members and potential responses;■identify potential legislative improvements; and■aid understanding of the relationships between Members and staff.■
In order to elicit as much information as possible, this 73 question survey was designed with a high proportion of
open questions. Respondents were not asked to identify themselves or their Councils (other than
metropolitan/regional/rural), thereby encouraging information about attitudes, values and culture.
The survey was posted to 164 newly elected Members of Councils. A very high response rate of 61% was
achieved, with the vast majority taking the time to provide carefully considered responses.
Consultants Dean Jaensch and Carol Stewart conducted the survey along with workshops conducted with two
groups:
1. a selection of new Members taking up office following the elections and members who were in the Mayoral
position for the first time; and
2. a selection of training providers, OSLGR representatives and Local Government legal advisors who provide
support to Councils in the early stages of the term of a new Council.
A copy of the report prepared as a result of the survey is included as an attachment. New Council Members
Survey final 260908 (326 kb)
To support the consideration of issues emerging from the survey the LGR&DS funding approval required the
development of a strategy to address issues identified. The LGA engaged the services of consultant, Sandie Starr,
to assist in the development of the strategy which is attached.
Council Elections strategies for attracting training and developing a new team (900 kb)
The strategy includes a range of actions relevant to the following themes:
Elected Council Accountabilities■CEOs Accountabilities■Elected Member Accountabilities■Marketing & Promotion■
Evaluation■
In addition the draft strategy identifies the likely partners with the LGA on assisting with the implementation of
various actions.
At this stage the strategy does not include timeframes and it is proposed that following feedback from Councils
these will be inserted, having regard to priority issues identified.
The State Executive Committee considered the survey report and draft strategy at its March meeting and resolved
to release the documents, including request for feedback on the draft strategy. Feedback from Councils is sought
by 8 May 2009 so that a report can be prepared for the State Executive Committee meeting being held later that
This is a printer friendly version of the following web page:- http://www.lga.sa.gov.au/site/page.cfm?u=191&print=1&C=17525
43248 1
NEWLY ELECTED COUNCIL MEMBERS SURVEY 2008
Conducted by: Dean Jaensch AO, Professor, School of Political & International Studies, Flinders University Carol Stewart, Consultant, Skillsbank September 2008
43248 2
FOREWORD
Acknowledgement of participants of the Focus & Consultative Groups:
Focus Group: Mayor Ivan Brooks (Mitcham) Ray Pincombe (Unley) Trevor Starr (West Torrens) Chris Umapathysivum (Holdfast Bay) Lisa Mara (Norwood Payneham St Peters) Jenny Gerlach (Office for State/Local Government Relations) Marjorie Schulze (Optimum Consulting) Michael Kelledy (Wallmans Lawyers) Consultative Group: Mayor Miriam Smith (Tea Tree Gully) Mayor Allan Suter (Ceduna) Mayor Ann Ferguson (Mount Barker) Mayor Allan Aughey (Clare & Gilbert Valleys) Mayor Mary Lou Corcoran (Victor Harbor) Cr Anne Picard (Mallala) Cr Trent Rusby (Alexandrina) Cr Helen Nichols (Campbelltown) Cr Ricardo Zahra (Salisbury)
43248 3
INTRODUCTION The LGA received funding from the Local Government Research & Development Scheme to conduct a comprehensive survey of new Council Members. The key aims of the survey were to ascertain, 12-18 months after their election, issues that are assisting or detracting from them carrying out their role in Councils and in their communities. In addition the LGA was keen to seek advice from new Members about strategies that would assist them in the future to undertake with roles. Two consultants with experience in developing and interpreting Survey instruments were contracted to assist the LGA in formulating an appropriate Survey to meet the objectives of the Project. Information sought from the survey will assist the LGA in:
1) enhancing the delivery of training programs for new and continuing members; 2) gaining valuable information and insights into the information and general
support needs of Members and how best to respond to these needs; 3) identifying Council Member and Staff relationships issues that support
Members to undertake their roles; 4) identifying future legislative changes that may support new and continuing
Members to fulfil their roles; 5) conducting candidate sessions in the lead up to future Local Government
elections; and other related matters. In order to prepare a survey and final report that would elicit the information needed, two groups were formed:
1) Focus Group: comprising ongoing Council Members, CEOs, representatives of the Office of State/Local Government Relations and the LGA, and providers of education and training services and other support to new Members.
2) Consultative Group: comprising new Council Members, including newly
elected Mayors, whose involvement has and will continue to be central to the conduct of the project.
These groups provided invaluable information regarding the issues to address in the survey, feedback on the actual survey instrument and on the final project report, including suggested recommendations. Their support is acknowledged. This report provides the outcomes of the survey. The LGA will now prepare responses and recommendations in consultation with Councils.
43248 4
PROCESS A survey, with a covering letter was posted to each of the 164 newly elected Members of Councils. The Questionnaire was completely anonymous. The respondents were not asked to identify themselves or their Council. The survey contained 73 questions in total and sought to obtain information across the following 11 sections: 1. Profiles This component of the survey enabled assessment of responses and consideration of trends related to: broad geographic location of the Council, position of the Council Member, Age, Gender, and Occupation. 2. Competence This area of the survey gathered information on what skills new Members perceived they bought to the role and the skills they believed they were developing or had developed since election. In addition, the survey assessed the views of respondents regarding the value placed on their skills by their colleagues and feedback on the qualities Members felt were important to be an effective Council Member. 3. Resources & Support The issues explored in this area of the survey relate to the nature and type of resources and support that assisted Members to undertake their roles and whether their needs were being met. 4. Induction & Mentoring The LGA was keen to better understand the nature of induction, mentoring and training being provided by Councils, when it was provided and the form it took. It was also considered important to gain feedback regarding the timing of the deliver of these supports and those persons from whom support was being provided. The LGA was also interested in querying with respondents whether some forms of support ought to be mandatory. 5. Access to Information This section of the Survey explored the nature of information being sought by new members and whether it was easily accessible. In addition it sought feedback on the form the information could best be received and any obstacles incurred in gaining information. 6. Commitment & Motivation The LGA was keen to assess whether commitment and motivation of new Members was greater on election than it was after 12 months or so in the role and the issues that contributed to greater or lesser motivation/commitment. 7. Confidence This section of the Survey tested with respondents areas where confidence as a Council Member was important and attempted to gauge whether confidence levels were increasing or decreasing during their term. This section also sought to determine what positive/negative experiences contributed to levels of confidence. 8. Expectations & Reality This section of the Survey was designed to gain feedback on whether the expectations of new Members were met against the “reality” that they were experiencing in their roles. A key area of inquiry related to the time spent on Council business. 9. Relationships This section of the Survey aims to determine newly elected Council Members satisfaction levels with the relationships they have forged with their peers, including the Mayor/Chairperson, senior staff and their communities.
43248 5
10. Networks The impact that networking has on the role of the Council Member and ease of finding and using these networks was also an area considered important to survey. 11. Summary Assessment This component provided an opportunity for respondents to make further comments which may assist the LGA in determining future strategies for enhancing the overall performance of new Members.
SUMMARY The response was gratifying. 98 completed Questionnaires were returned, a response rate of 61 per cent. This is a high response rate in comparison with other postal surveys. The tabulation of data in this report is generally based on percentages of the respondents who replied to each question. The total numbers in each case are identified by n=. In the case of open-ended questions, however, where there are multiple answers possible, the percentage bases are the total of responses. These cases are identified. The Survey included a high proportion of open-ended questions. These data are reported as numbers of responses (n), noting the number of respondents where there was the opportunity for multiple answers. The Survey gave the opportunity for cross-tabulation of a number of variables, notable gender (female / male) and type of Council (metropolitan/regional city/rural). However, the low numbers in some cells produced a high margin of error. Hence such cross-tabulations are incorporated only when the significant differences were higher that the margin of error.
43248 6
PROFILES
Type of Council
Metropolitan 31
Regional City 16
Rural 53
n=98 Position Held
Mayor 1
Chairperson 1
Member 98
n=97 Age
18-24 5
25-34 5
35-44 11
45-54 26
55-64 38
65+ 15
n =98
43248 7
There has been concern for many years regarding the prominence of older people as elected Members. In 1987, only one quarter of Members were under 40; in 1997, the proportion was less than ten per cent. In a 2004 survey, only five per cent of Members were under 45 years of age, and the over-60 content had grown to 44 per cent. The data from a survey of candidates in 2006 showed 40 per cent above 60 years of age. The pattern from this Survey reflects these data.
Gender
Female 36 Male 64 n = 98
In 1973, females constituted three per cent of the Members of Councils. By 1987, this had risen to 16% and by 1997 to 25 per cent. In the candidate survey of 2007, there were 29 per cent females, but only 27 per cent of first contest candidates. The gender disparity is again reflected in this Survey.
Member of a Political Party
Yes 21 No 79 n = 98
These data mirror those established by the 2007 candidate survey, with approximately one fifth being members of political parties.
Occupation
Professional 31
Managerial 10
Executive/Business 11
Primary Production 16
Small Business 11
Clerical/Sales 5
Manual/Trade 1
Retired 10
Other 4
n=97
These data generally mirror previous surveys in 2004 and 2006.
2004 Members
2006 Candidate
2006 1st contest
Candidate
2008 Newly Elected
Professional 21 24 28 31
Manager, Exec, Bus.
24 26 30 21
Primary Prod
22 20 13 16
Small Bus
16 12 9 11
Clerical Sales
12 13 13 5
Manual Trade
5 4 4 1
n= 206 335 149 97
43248 8
The under representation of small business, clerical/sales and manual trades is a consistent pattern. There is a continuing increase in the proportion of candidates and Members from professional occupations.
Birthplace
Australia 84
Britain 9
New Zealand 2
Germany 2
Other 3
n=98 2. COMPETENCE 2.1 Skills Q. Before your election, what skills did you think you needed to become a Council Member? Summary responses - 90 respondents
• Communication (50)
• Finance, budgets (20)
• Interpersonal, dealing with factions, team work (20)
• Meeting procedures (17)
• Community knowledge/involvement, people skills (15)
• Decision making (14)
• Leadership (12)
• Commonsense, experience (11)
• Intelligence, logic, analytical (10)
• Research, planning (8)
• Impartiality. integrity, honesty (7)
• Listening (6)
• Conflict management, negotiation (4)
• Other: lobbying, well-known, able to memorise, diplomacy, numeracy, literacy, public speaking, understand Local Government, time management, able to learn.
There was a very broad range of issues mentioned, although 50 of the 90 respondents, before their election, named “communication” as the skill they needed. Financial and budget skills, and the necessity for sound entrepreneurial skills were the next largest group of respondents.
Q. What skills did you bring with you to your role as a Council Member? Summary responses - 88 respondents
• Other, including: community understanding/representation, flexible, big picture, administration (8)
43248 9
A comparison of this with the previous data collation shows a strong correlation between skills assumed to be important and skills which the Council Members believed they brought with them. Finance, budgets, and communication skills dominated both the total respondents (47 per cent and 43 per cent respectively), and the responses (combined, 44 per cent). There were some skills “brought” which were not emphasized as “needed”, notably lobbying, legal, planning/policy-making, and meeting procedures.
Q. Now that you are a Council Member, what additional skills have you discovered you require? Summary responses - 80 respondents
• How Councils work, deal with Council administration, meeting procedures, Act, understand legislation, procedures (28)
• Financial, budgets (20)
• Public speaking, communication, media, rational argument (16)
• Patience (11)
• Tolerance (7)
• Speed read (6)
• Conflict resolution, political issues, political parties (6)
• Development policies/practices (4)
• Other, including: heritage matters, better memory, research, IT skills tact, more assertive, networking (21)
After a year in office, newly elected Council Members identified a collection of skills they had discovered they needed. 25 % of respondents realized they needed to acquire finance/budget skills. Public speaking/media emerged as a significant new skill needed. The highest proportion of additional skills was procedures, structures and processes within the Council.
Q. What skills, if any, have you developed since you were elected? Summary responses - 71 respondents
• Meeting procedures, how Council works, report writing, decipher reports (22)
• Public speaking (22)
• Finance/budgets, legal and finance (11)
• Teamwork, tolerance, negotiation (6)
• Know the Act (5)
• Communicate with other Members (4)
• Other, including: leadership, understand staff values, speed read, IT, networking, political nous, media (13)
These data reflect the previous collation of “additional skills”. Of the 83 responses, 55 related to Council procedures, public speaking and finance and budget skills. 71 of the 98 potential respondents stated that they had, or were forced to develop new skills since their election.
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Q. How did you acquire them? Summary responses - 74 respondents
A relatively low proportion (32 per cent) of responses stated that the necessary skill was obtained though formal training, workshops and courses. Respondents’ had previously emphasised the need to develop skills regarding procedures and/or finance and budgets. However, 46 of the 74 respondents to this question stated they depended on “experience/advisors” to learn the skills, and only 31 (42 per cent) learnt through training.
Q. Do you think that your skills are sufficiently valued by other:
Council Members?
Yes 76 No 24 n = 92
Q. If “No”, please comment on why not? Summary responses - 18 respondents
• Older Members not open-minded/ too conservative (6)
• Factions, party politics (5)
• Sexism, “boys’ club” (3)
• Other: too much ward loyalty, too much self-promotion (4)
Only one quarter of the respondents believed their contribution was not sufficiently valued by their colleagues. The comments from one third of the 18 respondents suggested a “divide” between newly elected and established Members, an issue which re-occurred throughout the Survey. There was a significant gender difference in the data. 86 % of the male respondents felt they were “sufficiently valued”, whereas only 68 per cent of the female respondents believed this to be the case.
Staff?
Yes 77 No 23 n = 92
Summary responses - 17 respondents
• Staff control the agendas (8)
• Staff see elected Members as a hindrance (6)
• Political parties (3)
• Staff see themselves as the professionals (1)
A minority of respondents (14 of the 98 potential respondents) allude to a “divide” between elected Council Members and staff. Comments of a similar nature are repeated in other responses throughout the Survey.
2.2 Personal Qualities Q. Before you were elected, what did you consider to be the personal qualities needed to be an effective Council Member
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Crucial Important Not very Important
Prepared to work collectively in the interests of the whole community
77 24 -
Able to respect diversity of opinions
61 38 1
Willing to stay in touch with the community
71 29 -
Committed to behaving in a manner that upholds the Code of Conduct for Council Members
66 33 1
Able to respect people whose cultural backgrounds are different from yours
53 44 3
Open to new learning and prepared to seek out information 56 42 2
Prepared to consider all issues brought to Council. Rather than adopting a single-issue approach
64 35 -
A good team player but able to exercise leadership when required
58 40 2
n= 98 for all rows
The majority of respondents considered all qualities as” important or crucial”. The strongest “crucial” judgements referred to working collectively in the community interest, and the ability to stay in touch with the community. There was a gender difference in the responses to four of these issues, measured on the basis of a “crucial” assessment. This was the most distinct gender difference in the survey.
Female “crucial”
Male “crucial”
Work collectively 83 73
Stay in touch 80 67
Uphold Code 80 59
Respect culture 69 44
The request for “other qualities” elicited 51 responses
Crucial Important
Consider issues 7 8
Approachable 2 1
Honest and courageous 8 3
Humility, diplomacy 2 -
Not take self seriously - 1
Strategic, flexible 3 4
Listen, patience 4 1
Represent community 6 -
Accept majority view 1 -
Q. Has your view on one or more of these qualities changed since your election?
Yes 23 No 77 n = 96
If “Yes”, please comment
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Summary responses - 16 respondents
• Council does not operate as a team, does not work collectively (8)
• I now understand the community breadth (3)
• Other: learnt to deal with party politics, now understand financial issues, too many lazy Members, realised the Code is crucial (3)
3. Resources and Supports
Q. Before your election, what was your expectation about the resources and supports that Council would provide to assist you with your roles and responsibilities as a Council Member?
Summary responses 74 respondents
• Assumed would be available (37)
• Did not expect any (13)
• Training (10)
• Access to staff/advice, collaborative staff (9)
• IT and IT support (4)
• Got more than expected (2)
• Other: Clerical, networks, full information, higher allowance (4)
Q. Have your expectations been met?
Yes 68 No 32 n = 95
If “No” – please explain Summary responses - 17 respondents
• Staff control information, do not discuss with Members (7)
• No technology provided (3)
• System is too bureaucratic (2)
• Too much “old boys’ club” (2)
• Other: No secretarial help, no full financial details provided, no full financial details (3)
Over two-thirds of the respondents stated that their expectations about “supports” had been met. Of the 17 responses explaining why their expectations had not been met, a high proportion appear to have misinterpreted “information” as a resource/support”. Overall, these data should be interpreted as indicating a high level of satisfaction with what was provided, an aspect supported in the following table.
Q. After more than a year as a Council Member, do you believe your Council provides adequate resources and supports?
Yes 77 No 30 n = 94
If “No” – What additional resources and/or supports could be provided to assist Members to be more effective? Summary responses - 20 respondents
• More administrative support (6)
• Better IT (4)
• More workshops (3)
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• Travel allowance, more pay (3)
• Independent advice, more information (2)
• Other: Finance management advice, research facilities, mentoring for women (3)
The pattern of satisfaction with resources and supports one year after election shows almost no difference from the expectations prior to election. A total of 70 per cent believed the level of provision was adequate. Of the 20 respondents who sought more, the main requests were for more administrative support, better IT, and further workshops. There was a significant difference between metropolitan, and regional/rural Councils. In the metropolitan area, 80 per cent of respondents believed that their Council provided adequate resources and supports whereas only 67 per cent of rural and 62 per cent of regional Councils made a similar assessment.
4. Induction, Mentoring, Training
Q. Were you made to feel welcome when you first assumed your role as a Council Member?
Yes 90 No 10 n = 96
If “Yes”, by whom?
CEO 49
Staff 47
Members 61
Mayor 49
n=78 What impressed you about your welcome? Summary responses - 68 respondents
• Genuine, practical (18)
• Openness, honesty, sincerity (16)
• Friendly, supportive (14)
• Everything (8)Teamwork atmosphere (5)
• Staff helpful, professional (5)
• Mayor (2)
• They were mentors (1) If “No” – Please explain what you would you have liked? Summary responses - 8 respondents
• More openness (3)
• More time before first meeting (2)
• Slower – was overwhelmed (1)
• More informal (1)
• More support from older Members (10
It would appear some respondents may have confused “induction” or “experience” with “welcome”. However, 90 per cent of respondents stated that they were made to feel welcome from the start. This welcome was offered by both Members and staff.
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Q. Did you receive any formal induction after your election?
Yes 86 No 14 n = 97
Were you consulted about it?
Yes 58 No 42 n = 91
Q. How was it provided? Summary responses - 63 respondents
• Workshops (31)
• Training packages/sessions (24)
• CEO/Staff (13)
• Local Government Association (3)
• Internal, but was not enough (2)
There can be varying interpretations of the two tables above. On the one hand, 86 per cent of respondents were given a formal induction and 58 per cent were consulted about the process. On the other hand, 14 per cent were given no formal induction and 42 per cent were not consulted about induction. The summary responses emphasize workshops and training sessions. The low response concerning the LGA may be explained by “workshops” including LGA activities. Analysis of the questionnaires suggests a wide variation of the “quality” of induction across Councils.
Q. Did the induction help you?
Yes 85 No 15 n = 88
If “Yes”, in what way? Summary responses - 52 respondents
• Better understood my roles and duties (26)
• Better understood legal issues (9)
• More confident/comfortable in role/duties (9)
• Understand processes, Code, procedures (7)
• Better understood Council generally (5)
• Understood complexity of Local Government (4)
• Understand relations with community (1)
85 per cent of respondents agreed that their induction helped them.
If “No” what were the shortcomings? Summary responses - 16 respondents
• Too late, inadequate, needed more (8)
• Too much, too soon (5)
• Seemed intimidatory (3)
• Needed more earlier (1)
There were negative reactions about induction from only 16 respondents, and most of these focused on the timing of induction rather than its content.
Q. Is there a mentoring program for newly elected Council Members in your Council?
Yes 20 No 80 n = 97
“If yes”, who are your mentors?
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Mayor/Chairperson 36
CEO/Senior Staff 25
Council Members 36
Community Members 3
n=16
Q. Are the re-elected Council members a source of helpful support for you?
Yes 73 No 27 n = 97
If “Yes”, please explain in what ways? Summary responses - 66 respondents
• General advice and support (27)
• Their experience and knowledge (19)
• Regarding procedures and policies (9)
• The history of issues (6)
• As a sounding board (3)
• In formulating proposals (2)
• Other, including: patience, leadership, legal issues, ward matters (6) If “No”, what difficulties have you encountered? Summary responses - 25 respondents
• Older Members too arrogant (11)
• Older Members not interested, too insular (6)
• Too much is left to staff (3)
• Too many not team players (2)
• Too much politics (2)
• Culture not good (2)
• No help from anyone (2)
• Sexism and bullying (1)
Only 20 per cent of the respondents reported that a formal mentoring programme existed in their Councils, and only 16 respondents claimed to have formal or informal mentors. Respondent comments suggest that there is a strong component of “help” within Councils. A total of 71 of the 98 respondents stated that the established Members had been helpful. The nature of the help covered a range of components, with 27 respondents receiving “general” support, and 19 acknowledging the experience and knowledge of the re-elected Members. However, a minority of respondents did not have a favorable view about re-elected Members and their willingness to mentor new members indicating an undercurrent/division which is evident in other areas of the Questionnaire results.
Q. Do you think that mentoring of newly elected Council Members could be improved?
Yes 59 No 41 n = 91
If “Yes”, how could it be improved?
Summary responses - 30 respondents
• Make formal, structured, in workshops (17)
• Be more supportive, collegial (4)
• Mentor by other Councils’ Members (1)
• Other: less formal, more on protocols, more on finance, not by political parties, have some!, old mentor new, buddy system (7)
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41 per cent of respondents appeared satisfied with the mentoring processes within their Councils. This needs to be read in concert with the data above where only 20 per cent of respondents had a formal mentoring programme available, and only 16 of the 97 respondents named their mentor(s). One interpretation could be that a proportion of respondents did not seek or expect or need any mentoring, hence were “satisfied”. Among female respondents, 69 per cent stated that the mentoring process could be improved, while only 44 per cent of males felt this way. This resonates with other comparisons in the survey, with females more strongly seeking a collegial approach in Council. Of the 54 respondents who believed that the mentoring process could be improved, only 30 provided any suggestions.
Q. Before you decided to stand for election, what steps did you take to inform yourself of the role and responsibilities of a Council Member?
Attended pre-election information sessions 62
Attended Council meetings 37
Talked with current Council members 75
n of rows = 85, 86, 93 Other steps: Summary responses - 24 respondents
• Read Council/LGA material (12)
• LGA website (4)
• Discussed with CEO (3)
• Talked top other Councils (2)
• Prior interest/involvement (2)
• Asked questions (1)
A relatively high proportion of the respondents appear to have made some effort to find out what their roles in the Council would entail. Of the 98 respondents, 81 had talked with sitting Members, 72 had attended information sessions, 43 had attended Council meetings, and 24 had taken other steps to inform themselves.
Q. When you were first elected, were you offered the opportunity to participate in formal training?
Yes 94 No 6 n = 94
Did you take up these training opportunities?
Yes 89 No 11 n = 90
If “Yes”, how beneficial to you was this training? Summary responses - 61 respondents
• very, excellent (34)
• Mostly good (12)
• Regarding Council operations, Act (9)
• Eye-opener! (3)
• Other: finance, confidence, networking (3) If “No”, what were the problems?
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Summary responses - 17 respondents
• Too early, need more now (14)
• Too brief (4)
• Too much jargon (2)
• was in my work time! (2)
• Overwhelming (1)
The majority of newly elected Council Members were offered training and embraced these opportunities. Respondents show a high level of satisfaction with the training provided citing, in the main, its benefits. There was a minority view that the training had some shortcomings. These comments, however, appear to be less a criticism of what was offered, but more that training should be a continuing process.
Q. Is there a formalised training policy, as required by the Local Government Act, for Council Members in your Council? Training policy?
Yes No DK
Metro 73 3 23
Regional 62 - 38
Rural 40 12 46
n of rows: 30 16 52 Training plan?
Yes No DK
Metro 42 14 42
Regional 31 44 25
Rural 19 31 50
n of rows = 28 16 52
Yes 55
No 7
Don’t know 38
n=97 Q. Is there a formalised training plan for Council Members in your Council?
Yes 28
No 28
Don’t know 44
n=96 Q. If your Council does have a training plan for Council Members, is it developed and implemented in consultation with Council members?
Yes 32
No 20
Don’t know 49
n=82
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A high level of respondents were not aware as to whether their Council had a formal training policy (as required by the Act), and an even higher proportion were not aware of any formal training plan. Only 39 of the 98 respondents stated that they had been consulted about any training system. There was a significant difference between the patterns of responses across the types of Councils. It appears rural Councils either lack a training policy or have not activated them to the same extent as metropolitan Councils. In terms of a training plan, there is even less evidence of a commitment by regional and rural Councils.
Q. In your view, what additional training could be offered to newly elected Council Members? Summary responses - 50 respondentsFix formatting below
• Procedures, Act, roles (12)
• DAP, projects, policy, planning (10)
• Finance, Legal (8)
• On important issues (6)
• Should be for candidates (4)
• on-going, after six months (4)
• More from LGA (3)
• Chamber politics (2)
• Dealing with the community (2)
• Other, including: public speaking, IT, orientation days needed (8)
Q. In your view, how could training for newly elected Council Members be improved? Summary responses - 48 respondents More sessions, follow-up sessions (15)
• Visit other Councils/ region (6)
• Make compulsory for all Members (5)
• More LGA residential workshops (5)
• Hold outside working hours (3)
• Other: more on finance, procedures, handling the community, issues, encourage more to take part, essential for newly elected and older Members, make formal, do it properly (14)
Q. What on-going training will you take, or do you plan to take, during your term as a Council Member? Summary responses - 71 respondents
• Whatever is required/ offered (37)
• Whatever I need (15)
• Dealing with the bureaucracy (9)
• All LGA offerings (6)
• financial (6)
• legal (3)
• Governance (2)
• Procedures (2)
• Community relations (1)
• depends on the cost (1)
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Respondents indicated strong support for training and were keen that their training be of optimal quality. More than half requested on going training with a particular emphasis being given to procedures within Councils, project matters, policy-making, DAP, planning, and financial and legal matters. A total of 71 of the 98 respondents indicated that they would be involved with further training. Of these, 52 would take whatever training is offered/required, or “whatever I need”. This is a clear indication of a commitment to doing the job as well and as professionally as possible.
Q. In your view, Should induction training be mandatory for: Prospective candidates prior to election?
Yes 42 No 58 n = 90
Newly elected members?
Yes 90 No 10 n = 94
Re-elected Members?
Yes 68 No 32 n = 87
Senior Staff about induction programs for Members?
Yes 71 No 29 n = 87
Please explain your answer
Summary responses - 27 respondents
• All need refreshers, help the learning curve, for all Members (13)
• Staff have the knowledge and need to be on board (5)
• Candidates need to know, understand (3)
• Need common understanding (1)
• Certainly for new Member (2)
• Might intimidate (2)
• Should be policy for all (1)
90% of the 94 respondents supported mandatory training for newly elected Council Members and 68 % of the respondents also supported mandatory training for continuing Members. 71% were in favour of training senior staff about the nature of, and program for, induction of new Members. The issue of mandatory training for candidates divided the respondents, with a majority opposed to the concept.
5. Access to Information
Q. Please rate your satisfaction with the information flow to you from each of the following
Excellent V Good Satisfactory Poor
From the Mayor/Chair to you 29 32 27 13
From other Members to you 12 39 37 11
From the CEO/Senior Staff to you 32 33 22 13
N of rows = 97, 97, 98
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Results indicate a generally positive assessment of the flow of information to newly elected Council Members. Adding the “excellent” and “very good” cells produces a strong statement with regard to Mayor/Chair (61 per cent), and CEO/senior staff (65 per cent). The assessment of the quality of information flow from other Members was lower, at 51 per cent. However, when the “satisfactory” category is added, each component emerges with a very positive rating. The analysis of the responses on the basis of gender suggested that the perceptions of the quality of information flow were significantly more positive among females, especially in regard to the Mayor/Chairperson. Of female respondents, 40 per cent stated the information flow was excellent, while only 21 per cent of males agreed. The number of “poor” responses were low. This needs to be kept in mind in relation to the negative answers/comments in the following questions, some of which specifically focus on the minority of respondents who were not satisfied with the information flow in their Council.
Q. Does your Council provide adequate assistance to your about obtaining information necessary for you to participate effectively in Council meetings and respond to community concerns?
Yes 76 No 24 n = 96
If “No”, in what ways could the information process be improved?
Summary responses – 20 respondents
• Abolish “them versus” us, more open staff, better relations with staff (14)
• Open all files to Members (4)
• Provide information a longer time before meetings (3)
• More informal contacts (1)
Three quarters of the respondents were satisfied with the assistance granted by their Council in terms of obtaining information. The remaining quarter of the respondents were not satisfied with the majority citing a “them versus us” approach to newly elected Members/staff relations. This concern permeated other aspects of the questionnaire, across a range of issues – but always in a minority, often a small minority of newly elected Members who perceive a pervasive chasm between elected Members and staff. This may be due to personality differences, specific issues, or a confusion among these elected Council Members about what information is able – legally – to be transferred to them.
Q. From your experience, do re-elected Council Members readily share information with newly elected Council Members?
Always 14
Usually 45
Sometimes 30
Rarely 11
n=98
Adding the “always” and “usually”, indicates a general level of satisfaction with inter-Member information flow (59 per cent). Only eleven respondents stated that they were rarely involved with sharing information. However, there was a significant difference on the basis of gender. There was evidence that a significant proportion of females consider themselves “out of the loop”, further evidence of a perception of diminished collegiality.
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Share information?
always Usually sometimes Rarely
Female 11 29 43 17
Male 16 54 22 8
n of rows= 35, 63 Q. How do you prefer to access and/or receive information essential to your roles and responsibilities as a Council Member? Responses - 84 respondents
• Electronic or hard copy (26)
• electronic (23)
• Ask staff for briefings (14)
• Hard copy (10)
• all ways (10)
• Ask other Members (1)
• As early as possible (1)
Of the 84 respondents, 59 % stated that electronic means were acceptable for the transfer of information, with one quarter wanting electronic only. 10 respondents requested all information on hard copy which may suggest lack of IT support and/or lack of technology skills.
Q. Are you confidently able to use the technology provided by your Council to access the information you need to be effective?
Yes 84 No 16 n = 95
If “No”, what assistance do you need to make better use of the technology? Summary responses - 17 respondents
• Have no hardware, only have mobile, only have fax (10)
• Need more training (6)
• I am not of computer age (1)
Of the 95 respondents who commented, 84% were confident in the use of the technology provided by their Council. However, ten respondents had no IT hardware, and six stated that they needed more IT training. The lack of availability of hardware in small Councils was also noted.
Q. What types of information do you find most difficult to access? Summary responses - 40 respondents
• Strategic plans, development applications, project progress (7)
• Information which comes too late for meetings (6)
• Financial/budget (5)
• When I don’t know who has it! (4)
• Regulations, by-laws (1)
• Anything controversial (1)
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40 respondents indicated difficulty in obtaining information. Historical information relating to past decision making, access to strategic plans, development applications and progress on projects, details on finances and budgets were cited as the primary areas of concern.
Q. What obstacles, if any, have you experienced in accessing and/or receiving the information you need to be an effective Council Member? Responses - 33 respondents
• Don’t get full information from staff (14)
• Get it too late for meetings (6)
• IT support, quality of internet (5)
• None, all excellent (5)
• I don’t know who has it!, don’t know where to look (4)
• Lack of teamwork culture, openness (3)
• When community divided (1)
Almost half of the 33 respondents identifying obstacles complained about the lack of full information from staff. It may well be that transmission of full information on some matters faces legal constraints.
Q. In your view, how could access to information be improved for Council Members?
Responses - 33 respondents
• Use on-line for all, fast broadband, secure website, better hardware paid by Council (10)
• Better staff attitude, change culture to open, mandate full information (8)
• Meet informally, outside formal meetings (3)
• Simplify/streamline procedures (3)
• Need more on the history of decisions (2)
• Member access to all files (2)
• Present information earlier (2)
• Need more details (2)
• Appoint a research officer for Members (1)
Comments concerning improving access to information noted a necessity for a better quality IT system, simplify/streamline procedures and more history/detail on decisions. Difficulties with staff again emerged in responses to this question.
Q. Do you proactively seek information?
Yes 97 No 3 n = 40
If “Yes”, How do you proactively seek it?
Responses - 79 respondents
• From the relevant person (35)
• Speak to managers, staff, CEO (26)
• Longer service Members (12)
• Ask anyone and everyone (12)
• Website (2)
• Ask questions on notice, before meeting (1)
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Almost all respondents stated that they proactively seek information. Of the 79 who provided a comment, 45 sought information “from the relevant person”, and/or “asked anyone/everyone”. Ten sought information from other Members.
Q. What information don’t you get that you consider you should get? Responses - 27 respondents
• Full details of issues (11)
• Full details of budget and financial matters (9)
• State government information about Local Government (4)
• Background information (3)
• Staff performance indicators, staff information (3)
• Major developments (2)
• Correct and full information (2)
This question is related to previous questions about “obstacles” and “difficulty to access”. The majority of the responses mirror those given earlier. Of the 27 respondents, 25 named “full details” and background information as their prime concerns.
Q. When confidentiality relating to sensitive information is required, do you believe this is respected by your: - Council?
Yes 89 No 11 n = 97
If “No”, please explain Responses (5 respondents).
• There have been some major breaches (2)
• Some Members leak (2)
• staff don’t comply (1)
- Senior Staff?
Yes 92 No 8 n = 93
Well over 90% of respondents believed that confidentiality was respected by Council and Staff. A small minority indicated that they believed there were problems in this area.
6. Commitment and Motivation Q. Before your election, would you have described your commitment in carrying out your roles and responsibilities as a Council Member as:
Highly committed 73
Reasonably committed 26
Somewhat committed 1
n=93 Q. Now that you have been involved with Council for over a year, how would you describe your commitment?
Highly committed 81
Reasonably committed 19
Somewhat committed -
n=98
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Q. If your rating has changed, what do you think has caused this? Responses - 18 respondents (more committed)
• Experience (4)
• Community support (3)
• Realised importance of the job (2)
• Workshops (1)
• Excellent staff support (1) (less committed)
• Staff block too much information (2)
• Some negative Members (2)
• Workload too great (1)
• Red tape (1)
• old Members play politics (1)
Respondents were asked to judge the level of their commitment before their election, and after one year as an elected Council Member. In both periods, the overwhelming majority stated that they were highly committed, with all but one (before the election) only somewhat committed. The comparison of before/after showed a significant increase in the proportion highly committed. However, this was the net result of two opposing shifts. Of the 68 respondents highly committed before the election, 61 stated that they had not changed, but seven had moved to reasonably committed. The reasons (from six respondents) were based on “staff blocking”, “negative Members”, and workload/red tape. Of the 24 respondents whose commitment was reasonable before the election, thirteen had become highly committed one year later. The reasons given included experience, community support, and a realization of the importance of the job.
Q. What barriers, if any, within the Council, have frustrated you in carrying out your roles and responsibilities as a Council member? Summary responses - 54 respondents
• Staff have own agendas, staff dominate, staff have silo mentality, staff don’t give full information, staff resist change, CEO too dominant (26)
• A conflict between old and new Members, cliques within old Members, old Members too conservative, old Members do not co-operate (8)
• Procedures stifling, inefficient procedures (6)
• Lack of teamwork, factions (5)
• budget constraints (3)
• Not enough open communication (2)
• Council too worried about the media (2)
• Confidential meetings (1)
• Sexism (1)
The perceived chasm among a proportion of the respondents between Members and Staff became more evident in regard to internal barriers faced by newly elected Council Members. A caveat is that this question was specifically directed to those newly elected Council Members who felt that there were barriers. It should be noted that a majority of the respondents did not feel there were barriers. The two reported major barriers cited were perceptions of a poor staff attitude/relationship and recalcitrant re-elected Members. The former provided almost half (26) of the 54 responses; the latter (combining allied categories) 15 of the responses. Six respondents noted that procedures were “stifling/inefficient”.
Q. What do you think could be done to overcome the barriers?
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Summary responses - 35 respondents
• Better internal communication, deal with internal divisions, less confrontation (14)
• More power to Members vis a vis staff (12)
• More professionalism (3)
• More training, workshops (3)
• PR needs improving (3)
• Stronger leadership (2)
• Other: Limit Members to two terms, actually make decisions!, less formal procedures, draft agendas earlier (6)
35 of the 53 who indicated dissatisfaction offered a comment on how to overcome the stated barriers. Of these, the main foci were to decrease confrontation, deal with internal divisions, and to further empower elected Council Members in their relations with staff.
Q. What have been the most helpful aspects within the Council that have assisted you to become more effective and committed in your roles and responsibilities as a Council Member? Responses - 75 respondents
• Staff and CEO strong/professional/good/open door/neutral (35)
• Commitment from all, like-minded people, good culture (30)
• Older Members (7)
• Good information flow (3)
• LGA workshops, training (2)
• Experience (2)
• Good Mayor (2)
75 of the 98 respondents identified “helpful aspects” within the Council which have assisted them to become more effective.. The two dominating groups of comments related to the quality of the staff, and to the internal culture of the Council.
Q. What could be done to further increase your overall effectiveness and commitment? Responses - 40 respondents
• More interaction with community (5)
• Members need more power over staff, need easier access to staff, need more assistance from staff (6)
• Training for all Members, more workshops (7)
• More time, I work full-time (8)
• More inclusivity, more informal contacts (1)
• Other: Cut red tape, more mentoring, stronger leadership, end “boys’ club, all need laptops, need more finance knowledge, better allowance, compare with good Councils, more mentoring, less red tape, better financial knowledge, more feedback, stronger leadership (13)
40 of the 98 respondents, (a figure which suggests a clear majority are satisfied with their effectiveness and commitment) produced a wide range of proposals, including more training, better relations with staff, and more interaction with the community.
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7. Confidence This question focused on confidence over a range of 14 issues. The answers merit careful consideration. Q. How confident are you about your role in each of the following:
Confident Fairly Not Very Not at all
Understanding and contributing to Strategic policy and decisions related to State-wide and regional issues
30 44 24 1 (96)
Understanding and contributing to the strategic goals and objectives of your Council
45 49 4 1
Understanding and working with the required processes and procedures governing your Council
38 54 6 1
Understanding and contributing to decisions related to local issues
69 27 2 1
Interacting and communicating with - CEO and Senior Staff
67 24 5 3
- other Council Members
63 34 1 1
- the Mayor/Chairperson
64 25 8 2 (96)
- the Community
67 27 3 1
Participating and contributing at Council/ Committee meetings
60 35 3 1
Understanding and developing relationships and communications that support Council decisions
48 45 5 1 (96)
Understanding and working within the Local Government Act
20 62 15 2
Understanding and behaving in a manner consistent with your Council’s Code of Conduct
71 27 1 -
Understanding and acting appropriately In relation to any conflict of interest issue
69 26 4 -
Understanding and working within Local Government meeting procedures
37 52 10 -
Q. Do you believe that you have become more confident in carrying out your roles and responsibilities as a Council Member since being elected?
Yes 95 No 5 n = 97 except where indicated otherwise
If “Yes”, what has helped you most in strengthening your confidence? Summary Responses - 73 responses
• Experience, time, participation (56)
• Senior Members, staff (13)
• Team culture, open door policy (7)
43248 27
• Community feedback (4)
• Training (4)
• Mayor (2)
• Better understanding of issues (1) If “No”, what has contributed to your loss of confidence? Summary Reponses – 4
• Staff intransigence (2)
• disheartened because “the community blames me!” (2) Of the 14 “roles” listed, over 90% of respondents indicated they felt confident/fairly confident in carrying out there roles related to:
• Code of Conduct
• Local issues
• Communicating
• Strategic Goals
• Processes/Procedures
• Meetings
• Relationships
• Processes These findings can be assessed as revealing a set of newly elected Council Members who have a high level of confidence. 95 per cent of respondents also stated they had become more confident over time, with more experience and participation. Notwithstanding this, a significant number of respondents indicated they were less than confident in:
• Understanding & contributing to strategic policy Statewide and regional issues
• Understanding and working within the Local Government Act
• Understanding and working within Local Government Meeting Procedures
Only 20 per cent stated they were confident working within the Act.
8. Expectations and Reality
Q. What were you most interested in contributing to when you were first elected? Summary Responses - 83 respondents
• Community – consult, respond to, increase confidence of, represent (23)
• Development (16)
• Good governance, better image (12)
• Environment (12)
• Finances, budgets, economic base (11)
• Land use, planning, buildings (8)
• Represent my ward (4)
• Other, including: accessibility of services, waste management, reduce rates, everything, fire prevention, put the female view (7)
Q. What did you expect to be able to accomplish when you were elected? Summary responses - 55 respondents
Q. To what degree have you been able to realise these expectations so far?
Better than I expected 18
Satisfied to date 42
Some progress 33
Not at all 7
n= 95 Q. Is there anything in particular which has assisted you in realising your expectations? Summary responses - 40 respondents
• Other Members, united Council (13)
• Community network (7)
• Vibrant, strong, caring CEO/staff (7)
• Hard work, time experience (6)
• Teamwork, mutual respect (4)
• Solid financial base (3)
• Committee work (2)
• Mayor (2) Q. What barriers have you encountered that have made it difficult for you to realise your expectations? Summary responses - 51 respondents
• Members conservative, dominant, complacent, lack team culture, negative (16)
• Staff have own agendas, are conservative, dominant (10)
• Members politicised, political parties (6)
• Lack full information (4)
• Red tape (3)
• Cost shifting, not enough money (3)
• Community apathy (2)
• Too complex (2)
• personal work commitment (2)
• Other: Agendas come too late, bureaucracy too big, too long for action (4) Q. Before the election, how much time did you expect would be needed to carry out your roles and responsibilities as a Council Member? Q. Now that you have been an elected member for over a year, how much time do you actually spend carrying out your roles?
Hours/week Expected Actual
1-2 7 2
3-5 23 9
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6-8 19 9
9-11 17 13
12-14 6 5
15-17 12 15
18-20 12 23
21-23 3 18
24+ 1 5
n = 90 93
The comments from 83 respondents encompassed a range of issues, which they wished to accomplish when first elected with a general category of “relating to the community “ identified as the most popular. Of the 95 respondents to “realising expectations”, the vast majority believed they had made progress, to a greater or lesser degree. A minority (7) felt they had made no progress at all. However, 51 respondents identified barriers which made it difficult for them to achieve more. The reason given repeated a number of the perceived negative comments noted in regard to earlier questions eg: Member/staff divide, criticisms of re-elected Members, red tape, cost shifting. One new issue was cited by 6 respondents - the politicisation of Council Members and the impact of political parties. In relation to the 2 questions relating to “time taken to fulfill their responsibilities, respondents clearly underwent a “reality check” with the vast majority coming to the realisation that the time they actually spent on their duties was much greater than they expected.
9. Relationships Q. How would you summarise your current relationships with each of the Following people/groups?
excellent very good satisfactory poor
Mayor 38 28 27 7
Members 26 42 28 3
CEO/Staff 35 38 15 11
Community 39 44 15 1
n of rows = 96, 95, 97, 97 Q. Are there any specific ways by which your relationships could be improved with:
Council Members? Summary responses - 32 respondents
• Informal interchange, networking (20)
• Respect each other (10)
• Other: Less faction/party, end old/new conflict, join ALP (8) CEO/Senior Staff? Summary responses - 24 respondents
• Better staff attitude, more open (11)
• More interactive, informal discussions (8)
• More open CEO (2)
• Less conservative/negative (2
• Team building (1)
43248 30
Community? Summary responses (30 respondents)
• Communication, formal opportunities, public forums (16)
• More time (8)
• Community should understand Council (5)
• Travelling Council meetings (1)
• Be open with community (1)
The majority of respondents indicated they enjoyed good relationships with all stakeholders. The highest area of dissatisfaction was directed at relationships between elected Council Members and staff however this was relatively low. Suggestions for how to improve “relationships” with the various stakeholders, resulted in less than half the potential respondents offering their views. Of these a general theme of more need for “informal” interaction was prevalent.
Q. In your view, does the Code of Conduct in your Council assist Council Members and Staff to:
Always Usually Sometimes Rarely
Develop mature and constructive working relationships based on mutual trust and respect
21 52 15 12
Demonstrate courteous, sensitive and non-discriminative behaviour towards each other
25 43 21 11
Show acceptance and respect for the different but complementary roles each have in achieving the Council’s objectives
20 51 21 8
Demonstrate respect and valuing of individual Member’s experience, skills and abilities
18 54 15 14
Demonstrate respect for employees’ professional opinions and expertise
18 52 22 7 (94)
Have confidence in the manner in which allegations of inappropriate behaviour are investigated and resolved
23 14 13 (91)
N of rows = 95 except where shown
Combining “always” and “usually” for comparative purposes, there is very little difference between the issues, ranging from 69 per cent for “mature and constructive working relationships” to 65 per cent for “courteous, sensitive behaviour”. At the other end of the scale, the “sometimes’ and “rarely” categories, identify a reasonable number (one quarter) of respondents have dissatisfactions with the statusquo in their Councils and there are sufficient numbers of such respondents to focus on recurring issues. In some ways the results in this table reflect the data and comments identified in earlier sections.
10. Networks Q. In your view, is having a good network important to being an effective Council Member?
Yes 95 No 5 n = 95
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If “Yes”, please explain why
Summary responses - 64 respondents
• Information sharing (26)
• Feedback, communication, up to date (13)
• Identify issues (13)
• Ideas sharing, more support (8)
• Better decisions (8)
• Teamwork (3)
• In touch with community (3)
Q. Please clarify with whom networks are most valuable Summary responses (70 respondents
• Community, ratepayers association (27)
• Staff (26)
• Elected Members (24)
• Mayor (12)
• Everyone (7)
• Members of other Councils (2)
• Political party (2)
• Business people (2)
Of the 104 responses, 62 related to internal Council networks – formed with staff (26), elected Members (24), and Mayor (12). A total of 27 responses related to the community, of which six mentioned Ratepayers’ Associations. Seven respondents spread their networking to include “everyone”.
Q. Have you built new networks since your election?
Yes 94 No 6 n = 94
If “Yes”, in which areas?
• Among Council members
Yes 91 No 9 n = 87
• Among Council Staff
Yes 79 No 21 n = 89
• Within the Community
Yes 85 No 15 n = 93
Q. Have you built on your existing networks since your election?
Yes 91 No 9 n = 90
If “Yes”, in which areas? Among Council members
Yes 86 No 14 n = 76
43248 32
• Among Council Staff
Yes 86 No 14 n = 78
• Within the Community
Yes 96 No 4 n = 85
Q. In terms of building networks beneficial to you as a Council Member, are there any difficulties or obstacles which you have faced?
Yes 49 No 51 n = 92
If “Yes”, what were they?
Summary responses - 27 respondents
• Time (7)
• Some Members have personal agenda, dominant Members (6)
• No access to staff (5)
• Access to all community (4)
• Community distrusts us (3)
• Other: finding the right people, confidentiality (2)
Q. How could these be overcome? Summary responses - 13 respondents
11. Summary Assessment Q. What would you say are the best aspects of working in the Council?
Summary responses - 79 respondents
• Community: work for, better serve, contribute to, do something for, represent (50)
• Understand community (19)
• Community support, input from, appreciation from (8)
• Change peoples’ lives, help people, make difference for people (7)
• Mutuality, interaction with community (4)
• Good governance (2)
• Get development occurring (2)
• Other: fascinating, meetings (2)
This question provided the highest response rate of four grouped questions. Of the 94 responses, 88 related to the community – in two “directions”. Over half of the responses (50) felt that the “best” was working for/representing the Council in the community; eight thought that the “best” was positive reactions and support from the community; 19 found that the “best” part was understanding the community; seven enjoyed helping/changing peoples’ lives; and four enjoyed community interaction.
• Patient, helpful, co-operative (3) Other Council Members? Summary responses - 58 respondents
• Good relations, work together, mutual help, mutual respect, Team action (42)
• Commitment, experience (7)
• Nice people, friendship (5)
• Learn from, encourager (3)
• Varied outlooks (2) Q. In your view, is there a better way to utilise the skills, experience and knowledge of Council Members?
Yes 69 No 40 n = 83
Please explain your answer
Summary responses - 33 respondents
• More informal discussion, open discussion, full information (8)
• Council needs to listen to Members, more support for Members, less control by staff (6)
• Identify skills, match tasks to skills (6)
• More mentoring and training for Members (4)
43248 34
• Business – like approach, use portfolios, less consultants - use Members’ skills (4)
• Mayor should facilitate, not boss (2)
• Need new blood, need more interesting mix (2)
• Less internal factions (1) Q. What would you say, specifically, to a person who approached you for advice about standing for election to a Council? Summary responses - 82 respondents
• Need lots of time, needs full-time, too much time, need family support, check size of role first (42)
• Be impartial, committed to community, respect community, be fair/honest/responsible (16)
• Go for it! (16)
• Need big effort, commitment, sacrifice needed, more work than expected (11)
• Worthwhile, rewarding (8)
• Be thick-skinned, calm (5)
• Have motivation, passion (3)
• Needs a lot of reading (3)
• Frustrating – not like a business (2)
• Other: Speak your mind, beware of red tape (2)
Q. Are there any other matters you would like to draw our attention to?
Summary responses - 24 respondents
• Child care, more pay for working family Members (5)
• Staff: too dominant, need performance criteria, do not respect elected Members (3)
• Need better staff-Member relations, Members need independent advisors (2)
• Council should not set allowances (2)
• Educate community more, better public relations (2)
• Stronger Code of Ethics (2)
• Make training free/cheaper (2)
• Other: Attract high quality candidates, Four-year term too long, more amalgamations needed, need Hansard, use new elected Members more, cut red tape, end cost-shifting (7)
This open-ended question produced an eclectic collection of responses. A minority returned to themes such as staff-Member relationships. The majority of the responses covered a wide range of issues concerning Local Government.
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NEW COUNCIL MEMBERS – SURVEY & REPORT ON SUPPORT NEEDS &
ASPIRATIONS
Council Elections : Strategies for Attracting, Training & Developing a New
Team
March 2009 This is not an endorsed LGA State Executive Committee document and will be considered at the March 2009 meeting.
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Council Elections: strategies for attracting, training and developing a new team
1. INTRODUCTION AND CONTEXT
Council elections are held once every four years. Following each election a group of
community minded individuals become first time Councillors, charged with all the
responsibilities of “governing”.
In 2007 the LGA received funding from the Local Government Research and Development
Scheme to conduct a comprehensive survey of new Council Members. The survey was
designed to ascertain, 12-18 months after election, what is assisting them to carry out their
role in Councils and what difficulties they may have encountered. In particular the LGA
expected to use the survey to:
• Enhance the delivery of information sessions for candidates and training programs
post elections
• Gain insight into the needs of new Council Members and potential responses
• Identify potential legislative improvements
• Aid understanding of the relationships between Members and staff
In order to elicit as much information as possible, this 73 question survey was designed with
a high proportion of open questions. Respondents were not asked to identify themselves or
their Councils (other than metropolitan/regional/rural), thereby encouraging information
about attitudes, values and culture. The survey was posted to 164 newly elected Members
of Councils. A very high response rate of 61% was achieved, with the vast majority taking
the time to provide carefully considered responses.
To assist with design and interpretation the LGA worked with a consultative group comprised
of stakeholders such as preferred training providers, experienced elected officials and senior
Council staff and a focus group of new members.
2. EXECUTIVE SUMMARY OF FINDINGS AND
RECOMMENDATIONS
Generally speaking the results of the survey were positive and constructive. Certainly it was
confirmed that the basic structure for induction and training of newly Elected Members is in
place. However it cannot be said that a consistently high level of support was received by
all. Councils, those who advise Councils and individual elected members must all take
responsibility for improving the quality and the consistency of information and training
provided following any change to the governing body.
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3. ELECTED COUNCIL ACCOUNTABILITIES
The survey, focus group and consultative group all identified the need for induction, training
and development to apply to all Members of a new Council, not just newly elected Members,
and to be ongoing throughout the term of the Council. While this is common practice now, it
is not consistent practice.
A newly elected Council will be revisiting its strategic direction and establishing a new set of
working relationships. It is not only logical, but advantageous that all members of the
Council and senior staff use this time to develop trust and understanding and build a strong
singular team. It also makes sense to utilise the existing expertise of re-elected Council
Members to assist and support new Members.
Each Council has a responsibility under the Local Government Act to adopt a Training and
Development Policy and Plan. This is a vital planning tool which needs to reflect an ongoing
commitment to both training and personal development of all Council Members throughout
the term of the Council. The survey responses about an existing Policy were mixed,
indicating that its importance may not be appreciated by Elected Members and the staff who
support them
Recommendation 1
1.1 That individual Councils, with assistance and support from the LGA, take
responsibility for the induction, training and development of all Members,
including newly elected Members.
1.2 That post election training, based on an adopted Training and Development
Policy and Plan, be centred around the holistic induction of a new Corporate
body to form a cohesive team. This requires the mandatory participation of all
Council Members and senior staff.
4. CEO ACCOUNTABILITIES
While the responsibility for comprehensive and timely orientation and provision of resources
and support for newly elected members has its origin with the Elected Council, the CEO also
plays an integral role. The Chief Executive and Governance Officer provide the Council with
advice about the policies and procedures and as such have the potential to impact on the
consistency of training across the State. Given the time they spend in delivering the
induction material, the first impressions they create can have a significant impact on the
beliefs of new Members and the types of relationships which develop with staff.
The survey responses also indicated a range of “issues” which can arise through a lack of
understanding of the roles and responsibilities of Council Members viz a viz staff, many of
which could be improved through further training and support for Elected Members and
Senior Staff.
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Recommendation 2
That the LGA develop support packages and training for CEOs and Governance
Officers at least 6 months prior to each election in order to improve the consistency
and quality of induction and training plans recommended to Councils across South
Australia.
5. ELECTED MEMBER ACCOUNTABILITIES
The third essential in the process of information transfer is a willing recipient. The extensive
feedback provided to this survey suggests that the majority of Members recognise their
personal responsibility for actively seeking development opportunities in order to become
functioning representatives of their electorates.
Technology is increasingly becoming a preferred method for receiving information and it is
essential that future training packages are designed with this option. On most occasions
online self paced learning is an appropriate adult learning technique as well as a response to
the constraints of time and distance. However, Members do not yet universally have access
to technology and IT skills so a range of responses are still needed.
Furthermore formal training was not valued as highly by respondents as asking experienced
advisors. This leads to the need for an emphasis on acquiring good networking skills and
competent mentors.
Recommendation 3
That the LGA assist Councils to provide Council Members with a range of training and development options which are ongoing throughout the term of the Council including:
• self paced electronic training where appropriate;
• mentoring, networking and coaching opportunities;
• a self assessment tool;
• IT training where requested;
• examples of good practice;
• frequent feedback; and
• sufficient access to technology and technology support to undertake them.
6. MARKETING AND PROMOTION
A consistent theme in the survey responses, from a small but significant group, related to
concerns from Members who did not like the culture of the Council they had joined and were
looking to Local Government to diversify its representation.
This first time survey of newly elected members provides data about the types of people
interested in becoming Local Government representatives which was not previously known.
Analysed in conjunction with ABS data and details of the current composition of Councils, it
can provide an opportunity to better understand the profile of a Council and use this to target
market for coming elections.
- 5 -
A further issue was the realistic expectations of candidates about the time commitment in
becoming an Elected Members and the ability to impact on outcomes.
A range of marketing and promotion strategies therefore emerge.
Recommendation 4
That the LGA design a marketing and promotional campaign for the 2010 election
based on the findings of the survey and data analysis.
7. EVALUATION
A professional approach to improving the efficiency and effectiveness of Member induction,
training and personal development requires ongoing monitoring of the changes proposed
and evaluatiuon of their effectiveness.
Recommendation 5
That the LGA continues to monitor the outcomes of the above recommendations to
ensure improvements in consistency and effectiveness are achieved across South
Australia.
Retaining talented and dedicated Council Members is as critical to a robust system of
community government as retaining talented staff. The findings of this inaugural survey of
newly Elected Members have identified a number of ways in which the LGA can improve its
support to CEOs in providing induction, training and personal development opportunities to
Council Members. Not only will this assist in attracting and retaining members; it will
ultimately reward the community with improved outcomes.
Attached to this report is a Strategy and Action Plan based on the findings of this survey, the
focus group and consultative group. The LGA wishes to thank all of those who have
participated for their valuable contributions.
With an Election due in 2010 the time is right to build on the positive experiences of the 2006
Elected Members, ensure improved consistency across the State and give the 2010 newly
Elected Members the best possible start in their important roles.
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8. GENERAL SUMMARY OF FINDINGS
8.1 Skills
The survey asked what skills newly elected members thought would be needed to become a
Council Member, what skills they brought to the job, and what additional skills they later
found that they needed. Three foci were dominant:“Communication/people skills”
,“budget/financial” and personal characteristics such as “clear thinking, intelligence, common
sense, impartiality, and integrity”.
One important finding was that while only 17 respondents believed they “needed” a
knowledge of Council procedures, and five believed they had it, this issue dominated the
responses in regard to which additional skills were required.
In response to how respondents acquired the skills they needed, “experience/advisors,
asked staff” dominated the responses. Formal training/courses/workshops were mentioned
by only 31 of 74 respondents.
Only a small number of the respondents felt that they were not sufficiently valued by other
Members and staff. However there was a minority perception, which re-occurred throughout
the survey, that re-elected Members were “too conservative, too much a separate clique”
and staff “too dominant” and unwilling to treat the elected Members as equal partners.
8.2 Personal Qualities
Questions about the importance of specified personal qualities provided a very strong
“crucial/important” response. Over 70 per cent considered “work collectively for the whole
community” and “stay in touch with the community” as “crucial”; “uphold the Code of
Conduct”, “consider all issues” and “respect diversity of opinion” brought a “crucial” response
from between 60% and 69%. The lowest level of “crucial” rating, although still a majority,
concerned “good team player”, “open to new learning”, and “respect different cultural
backgrounds”.
8.3 Resources and Supports.
There was little evidence that the respondents expected very much before they were
elected. Of the 74 responses, 37 “assumed they would be available” and 13 “did not expect
anything”. The general tone of this section was positive. 68% stated their expectations were
met and 70% believed that resources and support were adequate. Specific comments, re-
occurring in later sections, related to the availability and quality of IT.
8.4 Welcome
The overwhelming proportion (90%) of the respondents stated that they were made to feel
welcome, and the majority specifically mentioned all of the four key components as
“welcoming” i.e. CEO, Mayor, Staff and Members. The nature of the welcome was
summarized in such terms as “friendly, supportive, genuine, sincere”
Of the eight respondents who were not happy with their welcome, the responses indicated
that most had confused “welcome” with “induction”.
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8.5 Induction
A total of 83 of 97 respondents stated that they had received a formal induction, but only 53
had been consulted about the process. It is of concern that 14 newly elected Members were
not given any induction to their roles and activities.
Responses indicate that the induction varied considerably in length, content and value. The
overwhelming majority stated that they had been helped by the induction, with 42 of the
responses commenting on better understanding of roles, duties, procedures and processes.
For those who were not satisfied, the majority (of only 16 respondents) felt that the process
was “inadequate, needed more, needed more earlier”.
8.6 Mentoring
Only 19 of 97 respondents reported that their Council offered a mentoring program and only
16 respondents claimed that they had mentors. When asked whether they felt that
mentoring could be improved 59 agreed, with the main suggestion being a “formal,
structured” process.
In answer to the question concerning “helpful support” from the re-elected Members, 73 % of
the respondents reported that was offered. The main theme of the “help” was “general
advice and support”, with a secondary focus on “experience and knowledge”. These
answers were expanded by many respondents, leaving the impression that there was a
culture of mutual assistance and advice within most Councils. On the other hand, 25
respondents had found “difficulties”, with the main complaint being “arrogance, lack of
interest, and too much insularity” among re-elected Members.
8.7 Training
The overwhelming majority of the respondents were in favour of training. Before the election
62% attended information sessions and 75% discussed their decision with current Council
Members. Nevertheless the majority clearly valued the post-election training. 94% stated
that they were offered formal training and 89% of these took up the opportunity. The vast
majority found the experience beneficial, with 34 stating “excellent”, and 12 “very good”.
There was an expression of opinion that training should be a continuing process.
A training plan and policy is a requirement of the Local Government Act. However
responses to questions concerning the training policy/plan of their Council indicate an issue.
There was a high level of agreement within the samples from metropolitan and regional
Councils that a training policy and plan existed, but the rural respondents reported much
lower levels of understanding. Overall, 55% stated that their Council did have a policy/plan,
but 38% “did not know”.
50 respondents suggested the value of “additional training”, with a range of suggested
topics, and 48 respondents saw benefit in “more sessions, more follow-up” and a range of
other proposals for more training. The overall impression from the survey was that the newly
elected Members were very positive about the benefits of training and very willing to be
involved. In fact, 37 respondents stated that they would take up “whatever is
offered/required”.
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There was strong support in the survey for mandatory induction training for all newly elected
Members, for re-elected Members and for Staff (in relation to induction program for
Members). But there was less support for mandatory induction training for candidates – only
42 per cent supported the proposal – with an opinion that it could “discourage participation”.
The consultative group did not favour training for candidates on the basis of cost and
efficiency.
8.8 Information
A series of questions about information and information flow within Council produced a
variable set of opinions. There was a general satisfaction with information flow from
Mayor/other Members/Staff, and 76% reported that their Council did provide adequate
assistance in obtaining information. Of the minority who were not satisfied a complaint of
“them versus us” in relation to staff was common. This sense of a “divide” within the Council
from a minority of respondents permeated the questionnaire responses.
There was an expression from a majority of respondents that they were happy with
information transfer by electronic means, although ten respondents requested “hard copy
only”. Most (84%) were confident in using IT to access information, although 17
respondents either had no hardware, or wanted more IT training.
In terms of information “difficult to access”, the main theme involved “previous decisions,
background, history of issues”. 33 respondents complained about “obstacles” in regard to
information, with 14 stating that they “don’t get full information from staff” and six that some
information arrives too late for meetings.
In relation to confidentiality of sensitive information, there was a very high level of agreement
that this is respected by the Council (89%) and by the Staff (92%).
8.9 Commitment and Motivation
The level of commitment before the election was very high with 73% “highly committed” and
26% “reasonably”. The level of “highly committed” increased to 81% after one year on
Council. Those who reported that their commitment had increased (18 respondents)
commented on “experience, community support, and importance of the job”. Only seven
respondents claimed that their level of commitment had decreased – from “highly” to
“reasonably”.
It is of concern that answers to a question concerning barriers within the Council which were
frustrating them came from 53 respondents. The main complaints were (26 respondents)
that “staff have own agendas, dominate, resist change”, while eight respondents complained
of a divide between re-elected and newly elected Members. Other comments mentioned
“stifling/inefficient procedures” and “lack of teamwork/factions”. The solutions proposed
included “better internal communications, more professionalism, and more power to
Members vis a vis Staff”.
On the other hand, there was a very positive response to the question regarding “helpful
aspects” within the Council. 35 respondents commented on the
“strong/professional/good/open door” relations with CEO and Staff. 30 respondents praised
the “commitment from all participants” and “good culture”.
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8.10 Confidence
Respondents were asked to state their confidence in regard to 14 specific issues. The level
“confident” was applied by over 60% of respondents to six of these issues and when the
analysis is based on “confident/fairly confident” by over 90%. Two issues showed a
significant lack of confidence: only 37% were confident about meeting procedures and 20%
in relation to the Local Government Act.
95% of the respondents stated that they had become more confident after a year as a
Member, and 56% of these stated that “experience, time, participation” had resulted in this
change. Only four respondents stated that their confidence level had fallen.
8.11 Expectations and Reality
The respondents were asked to state what they were most interested in contributing to. Of
the responses, 23 mentioned “community”, 16 development, 12 good governance, 12
environment, and 11 financial matters. The comments concerning expectations in regard to
accomplishment mentioned community representation (26), governance/sound policies (10)
financial (8), environment (8) as the major themes.
In response to the question of the extent that the expectations had been realized: “better
than expected” (18%), “satisfied” (42%), “some progress” (33%). In terms of barriers faced
in achieving what was hoped as a Member, the pattern of responses repeated the themes
noted above: “re-elected Members conservative/dominant” (16 responses) “Staff have own
agendas/dominant” (10 responses).
There was a significant disjunction between the amount of time that the newly elected
Members expected to spend “on the job’, and the actual time spent. Summarising the data
on the basis of expectation/actuality: 1-5 hours per week (30%, 11%); 6-11 hours (31%,
22%), 12-17 hours (18%, 20%), 18 or more hours per week (16%, 46%).
8.12 Relationships
Respondents were asked to summarise their relationships with the four components of their
Councils. The results were a positive comment on the collegiality of the Councils:
“excellent/very good” was used in relation to Mayor (66%), Members (68%), CEO/Staff
(73%), and Community (83%).
When asked whether the Code of Conduct assists the Members and the Staff in
relationships, the responses were consistently above 65 % “always/usually”. On the other
hand, the minority proportion (between 14 and 22 per cent) answered “sometimes”.
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8.13 Networks
95% of respondents stated that having a good network is part of being an effective Council
Member. The major reasons given were “information sharing” (26),”
feedback/communication” (13), and “identify issues” (13). “Network with whom?” elicited
three major areas: Community (27), Staff (26), Elected Members (24). A total of 88
respondents stated that they had built new networks since their election, with the
overwhelming majority claiming new networks among all three of Members, Staff and
community, and 82 respondents stated that they had built on these networks since their
election.
8.14 Summary Assessments
Respondents were asked to comment on the best aspects of working in the Council, with the
Mayor, with the CEO/Senior Staff and with the community. In regard to the Council, the
overwhelming response related to the community – 88 of the 94 responses made this
specific reference: “work for, better serve, contribute to, help the people” etc. In regard to
the Mayor, the dominating responses were “collegial, approachable, mentor, knowledge,
respects ideas, high goals, effective, honest, compassionate”. In regard to CEO/Staff, 42 of
59 responses made specific mention of “good relations, mutual respect, team action, mutual
help”. Regarding Members, 42 of 59 responses commented on “good relations, work
together, mutual help, team action”. 60% stated that the utilization of the skill of Members
could be improved.
When asked what would you say to a person seeking advice about standing, 53 of the 108
responses mentioned “time” – “need lots, needs full-time, too much time, check size of role
first, commitment large, more work than expected”. 16 put “be impartial and committed to
community”; 16 simply said “go for it!”. An important component was that the overwhelming
proportion of responses were positive, albeit sometimes containing a “warning”. As one
respondent put it: “Make sure they know what to expect”.
- 11 -
Council Elections: strategies for attracting, training and developing a new team
Elected Council Accountabilities
Recommendation 1.1 That Councils take responsibility for the induction, training and development of all Members, including newly elected
Members.
Recommendation 1.2 That, with the assistance and support of the LGA, post election training, based on an adopted Training and Development
Policy and Plan, be centred around the holistic induction of a new Corporate body to form a cohesive team. This requires the mandatory
participation of all Council Members and senior staff.
Strategy Priority Actions Key LGA Partners
Review the model Training and Development Policy and Plan and extend to cover the term of the Council
• Consider prescription of more substance and content in the program with timelines for deliverables
• Explore options of promotion/delivery to ensure review includes a process which obtains “buy in” from elected members
• Include in training program for CEOs and Governance Officers.
• Consult on proposal to change the Local Govt. Act to require publication of a section on Elected Members’ training and development in the Annual Reports of Councils
• Lobby for inclusion of data on Elected Member’s training and development in the Grants Commission’s annual collection
• Consult on proposal to change the Local Govt. Act to ensure Council Members have an allocated training allowance to be used on both mandatory and optional modules
• Promote revised model Training and Development Policy and Plan
Councils Governance group Preferred training providers Minister of State/Local Government Relations Grants Commission Minister of State/Local Government Relations
Draft a model Induction Policy • Identify the order of priorities and recommend a timeline for completion to avoid “too much too soon”
• Promote the model Induction Policy
Councils Governance group Preferred training providers
- 12 -
Strategy Priority Actions Key LGA Partners
Encourage an expanded role for Chairs of Committees.
• Encourage use of former Chairs of Committees to brief new members about the role of Committees
• Promote the potential for Chairs of Committees to be used to assist new members by reinforcing the values, agreed behaviours and appropriate practices in Councils
• Design and deliver training for Committee Chairs
• Advocate for mandatory training for Committee Chairs
Councils Preferred training providers Minister of State/Local Government Relations
Advocate for mandatory induction and ongoing training for all members
• Consult Councils on an amendment to the Local Govt. Act for mandatory induction and training
• Identify those elements of induction which should be mandated
• Recommend certain modules which should be refreshed annually
• Include a variety of delivery options to encourage and simplify training including self paced learning
• Aim for and measure consistency across all Councils
Councils Minister of State/Local Government Relations Preferred training providers
Ensure that post election training includes an emphasis on how local government works
• Include role clarification of responsibilities of a representative within government as well as between Elected Members and staff
• Ensure Administrative law as well as governance training
• Include an appreciation of the strategic management practices of Councils
Preferred training providers Metro Mayors and CEOs Councils CEOs
Encourage Councils to resolve to recommend a draft induction and training program prior to an election, for consideration and adoption by the new Council
• Contact CEOs and Councils several months before the next election
• Provide a model for “new Council induction” for Council endorsement
Councils Governance Group CEOs
- 13 -
Strategy Priority Actions Key LGA Partners
Advocate for post election induction to be centred around initiating a new team and Corporate body.
• Promote a model for “new Council induction” to include all members & senior staff in relationship and team building, revisiting corporate directions, and developing trust and understanding
• Recommend that new members are provided with some pre induction information to ensure they informed and comfortable enough to participate
Councils Governance Group CEOs
Support newly elected Council Members during induction
• Advocate for an allowance (eg 5 days at the rate of average weekly earnings) for new members to familiarise themselves with Council and the community and undertake initial training
• Recommend that CEOs spend one day of this time orientating new Members to the City and workings of Council
Councils Minister of State/Local Government Relations CEOs
- 14 -
CEOs Accountabilities
Recommendation 2 That the LGA develop support packages and training for CEOs and Governance Officers at least 6 months prior to each
election in order to improve the consistency and quality of induction and training plans recommended to Councils across South Australia.
Strategy Priority Actions Key LGA Partners
Ensure that the induction program for the 2010 election is of improved consistency across the State
• Research the practices of individual Councils around 2006 election
• Revise LGA kit for CEOs/Councils and include examples of good practice
• Emphasise the obligations of Councils for education and training as per The Local Government Act
• Emphasise the benefits of quality induction and training
• Clarify role of CEO and senior officers in provision of induction of newly elected Members and ongoing opportunities for existing members
• Promote the importance of involving all elected members in forming a new team
CEOs LGMA
Design a training program for CEOs and Governance Officers which deals with interpersonal and technical issues and deliver across the State at least 6 months before the election
• Offer self-paced online seminars and train the trainer options to achieve coverage across the State
• Ensure regional delivery option is maintained
Preferred training providers LGMA
Ensure appropriate communication with candidates and newly elected Council Members
• Avoid bureaucratic language in all publications and communications
CEOs
Explore the perceptions of divisions : (gender, culture, partnerships with staff, new vs old members) which emerged in the survey and their impact on relationships
• Use focus groups to further understanding of the issues
• Provide insights to CEOs via training options
• Build into training and development of Members as necessary
Preferred training providers
Advocate that CEOs review how they communicate with Members with a view to enhancing relationships
• Consider the value of providing Members with a dedicated resource to use as a conduit
• Research the practices of individual Councils and provide to CEOs
CEOs LGMA
- 15 -
Elected Member Accountabilities
Recommendation 3 That the LGA assist Councils to provide Council Members with a range of training and development options including:
• self paced electronic training where appropriate
• mentoring, networking and coaching opportunities
• a self assessment tool
• examples of good practice
• frequent feedback
which are ongoing throughout the term of the Council
Strategy Priority Actions Key Partners
Produce a handbook to assist new Mayors taking office
• Include a checklist for handover discussions with previous Mayor and CEO
• Distribute to all Mayoral candidates prior to elections
Metro Mayors & CEOs
Establish a Local Government Association sponsored panel of experienced people who are prepared to act as mentors to newly elected members
• Establish the “rules” under which the scheme will operate
• Consider a buddy system between metropolitan and other Council Members
• Identify and provide training to mentors and mentees
ALGA ALGWA LGMA Preferred training providers
Encourage newly elected Council Members to seek out competent mentors
• Produce and distribute an information sheet for candidates on the principles of mentoring including how to choose a good mentor
• Follow up elected members to promote the LGA’s panel
Arrange a series of events which provide opportunities for new members to meet other people within the sector
• Ensure participants know how to network
• Target various profiles
ALGA ALGWA LGMA
Explore potential for a coaching program to assist members e.g. set goals, personal development plan
• Identify potential coaches , costs and protocols
• Survey members to establish interest
- 16 -
Strategy Priority Actions Key LGA Partners
Encourage the establishment of a network for Mayors and Chairpersons of Councils
• Submit a report for Metropolitan Mayors and CEOs Group and regional groups recommending the formation of a Mayors’ network
• Provide a residential seminar specifically for Mayors and Chairpersons of Councils
Metro Mayors & CEOs Regions Preferred training providers
Establish an ongoing communication with newly elected Council Members
• Use a monthly email communiqué to promote/publicise available resources, information, mentoring options, networking programs and training providers
• Cc to Mayors and CEOs
• Promote relevant best practice examples
Provide support systems aimed at retaining talented Council Members within Local Government
• Provide frequent networking opportunities and links to competent mentors
• Offer ongoing training opportunities
ALGA ALGWA LGMA
Review LGA’s online confidential self assessment tool to assist members to establish what areas of further training and development are needed.
• Refine and promote the current self assessment tool
• Ensure that Councils and CEOs can receive an anonymous and confidential report .
Develop a comprehensive accredited training scheme available in modules for self paced learning
• Expand existing training modules and upgrade where necessary
• Ensure the product is approved by the LGA
• Provide electronic and paper based versions
Preferred training providers
Ensure all training and induction products include rural/regional/metropolitan distinctions
• Collate suitable examples which will resonate with Members of rural/regional/metropolitan Councils
• Accredit training providers
- 17 -
Strategy Priority Actions Key LGA Partners
Draw attention to the need for ongoing personal development throughout a Council Members’ time on Council
• Identify and promote the benefits of ongoing personal development, including at the LGA Conference and Annual Meeting,
• Offer courses badged as personal development
• Explore incentives to participation
• Consider awards to Councils with an outstanding record of training and development
Review induction training to achieve optimal uptake of information
• Use the expertise of recent participants and trainers to establish optimal induction training including consideration of:
* Essential content * Timing * Style of delivery * means of achieving consistent quality
Preferred training providers
Review new members program (by LGA ) to ensure optimum timing and take up
• Determine date of “residential seminar” prior to election
• Publicise the date of the “residential seminar” for new members to all candidates
• Consider rearranging the sequence of training, including the regional introduction sessions and the residential seminar
• Consider a regional residential seminar
Preferred training providers
Commission an online option for induction training
• Identify components and cost
• Seek funding assistance for remote and regional users
Provide a specific induction program for new Mayors
• Use existing and recently retired Mayors to design an induction course for new Mayors
• Choose an appropriate format for timely delivery
Metro Mayors
Capture and promote case studies of good practice induction and training
• Research Councils to identify good practice in 2006
• Promote to CEOs and Mayors
• Include in training courses offered to CEOs and Governance Officers
CEOs
- 18 -
Marketing & Promotion
Recommendation 4 That the LGA design a marketing and promotional campaign for the 2010 election based on the findings of the survey and
data analysis.
Strategy Priority Actions Key LGA Partners
Seek to attract candidates who represent the diversity of the communities they represent
• Compare the current composition of elected Councils against the ABS data on age, gender and cultural diversity to identify match/mismatch
• Publish findings
• Design marketing material to correct any imbalance
State Electoral Commission
Use the profile data obtained from the newly elected member survey to target underrepresented groups in the 2010 promotional material
• Analyse the profile data obtained from the newly elected member survey and identify underrepresented groups
• Publish findings
• Design marketing material to correct any under-representation
• Consider translation of promotional materials into key languages other than English
State Electoral Commission
Leverage off the fact that more of the people attracted to and elected to local government are from the professional, managerial and business sectors.
• Design marketing and training material to appeal to this sector
• Appeal to corporate social responsibility to support and encourage staff participation in local government
State Electoral Commission
Identify the impediments to representation by younger age groups and women with a view to minimizing those factors
• Use focus groups and marketing expertise
• Consider non traditional media coverage
• Ensure Election pack appeal
• Distribute material through Universities and TAFES
ALGWA Women’s Committee Universities
After each election survey all candidates to establish the profile of those being attracted to stand for Local Government
• Use future marketing campaigns to target underrepresented groups
Continue to provide and promote the accreditation available from Flinders University
• Ensure Councils are aware of this program
• Explore potential for first stage to be delivered in house by Councils
Flinders University
- 19 -
Strategy Priority Actions Key LGA Partners
Use the 2010 election cycle to educate the community at large about the role of local government
• Ensure that election advertising provides realistic examples of the role of Local Government
LGMA
Review and reissue information packs for candidates before 2010 elections
• Provide realistic and honest assessment of role and responsibilities of Councillors, including an understanding of the principles of government
• Emphasise pros and cons and the reality of the time commitment
• Promote the importance of induction and ongoing training and development and seek commitment
State Electoral Commission
Explore potential for candidates to meet with experienced members/retired members (possibly the LGA Panel of mentors)
• Create opportunities for discussion about the motivation of candidates and the true nature of being on Council
- 20 -
Evaluation
Recommendation 5 That the LGA continues to monitor the outcomes of the above recommendations to ensure improvements in consistency
and effectiveness are achieved across South Australia.
Strategy Priority Actions Key LGA Partners
Repeat the new member survey after each election
• Monitor variations in attitudes, behaviours and values over time
Measure the quality and quantity of induction, training and personal development undertaken by Councils in each term
• Design an evaluation tool
Measure the impact of improved induction practices on individual new members
• Design an evaluation tool
Advocate for peer evaluation to be introduced into the Model Code of Conduct
• Consult with Councils about a 360 degree feedback option in the Model Code of Conduct
Minister of State/Local Government Relations
Undertake confidential exit interviews with members who leave Local Government
• Design a standard exit questionnaire and offer online
• Promote prior to each election
• Analyse and publish findings
Agenda Report – 14th April 2009 5417. LOCAL GOVERNMENT DEPARTMENT AND ASSOCIATIONS (CONT.):
17.5 LGA CIRCULAR 14.7
Subject: Expiation of Offences (Independent Review) Amendment Bill 2009 Report By: Chief Executive Officer Report Date: 07/04/2009 File Reference: GDS 10.3.2.1 Action: To Be Determined Attachments: Yes
SMP Reference: Objective 1 Respected, Responsive, Open and Effective Leadership Strategy 5 Promote a positive image of Council Action 3 Maintain membership of and active involvement in the South Australian
Local Government Association and associated state level activities and projects.
The attached Circular from the Local Government Association of South Australia (LGA)
advises Council of this Private Members Bill which seeks to amend the Expiation Act 1996 to provide for an independent review of decisions to issue an expiation notice.
A copy of the Bill is also attached for the information and reference of Elected Members.
Does Council have any feedback to provide to the LGA regarding the Bill?
~~Options:~~
(i) Cr / Cr
(ii) Cr / Cr
Expiation of Offences (Independent Review) Amendment Bill 2009 - Circular 14.7
To
Chief Executive Officer Customer Service - Reception Staff Elected Members Environmental Health Staff General Inspector Planning - Building Staff
SummaryA new Private Member's Bill is seeking to amend the Expiation of Offences Act to include provisions for independent review of decisions to issue an expiation notice. The LGA is seeking feedback on the Bill.
The Hon Graham Gunn MP has introduced a Private Member's Bill seeking to amend the Expiation of Offences Act
1996 to include provisions for an independent review of decisions to issue an expiation notice. The Bill provides for
a person to make an application to the Minister, within 7 days from the date of issue of the notice, for a review of
the decision . The Minister must then refer the application for a review to an 'independent reviewer', defined in the
Bill to be a legal practitioner.
At present, the Expiation of Offences Act does not provide a general right of review for a decision to issue an
expiation notice. A person may apply for review only on the grounds that the offence is trifling.
The LGA Secretariat would appreciate Councils' feedback on this Bill, a copy of which is available below. Please
provide feedback to Andrea Malone via email to [email protected] by 13 May 2009.
Expiation of Offences Independent Review Amendment Bill 2009 (21 kb)
This is a printer friendly version of the following web page:- http://www.lga.sa.gov.au/site/page.cfm?u=191&print=1&C=17547
House of Assembly—No 81 As laid on the table and read a first time, 26 March 2009
HA GP 140-B: the Hon Graham Gunn MP 1
South Australia
Expiation of Offences (Independent Review) Amendment Bill 2009
A BILL FOR
An Act to amend the Expiation of Offences Act 1996.
Expiation of Offences (Independent Review) Amendment Bill 2009 Contents
2 HA GP 140-B: the Hon Graham Gunn MP
Contents Part 1—Preliminary 1 Short title 2 Amendment provisions
Part 2—Amendment of Expiation of Offences Act 1996 3 Amendment of section 6—Expiation notices 4 Insertion of section 8B
8B Independent review of issue of expiation notice 5 Amendment of section 11—Expiation reminder notices
The Parliament of South Australia enacts as follows:
Part 1—Preliminary 1—Short title
This Act may be cited as the Expiation of Offences (Independent Review) Amendment Act 2009.
2—Amendment provisions 5
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Expiation of Offences Act 1996 3—Amendment of section 6—Expiation notices
After section 6(1)(k) insert: 10
and
(l) must be accompanied by a notice in the prescribed form by which the alleged offender may apply under section 8B for an independent review of the decision to issue the notice.
4—Insertion of section 8B 15
After section 8A insert:
8B—Independent review of issue of expiation notice (1) Subject to this section, a person who has been given an expiation
notice may, by notice in the prescribed form given personally or by post to the Minister, apply for an independent review under this 20 section of the decision to issue the expiation notice.
(2) A decision to issue an expiation notice cannot be reviewed under this section if—
(a) any amount due under the notice has been paid; or
Expiation of Offences (Independent Review) Amendment Bill 2009
Amendment of Expiation of Offences Act 1996—Part 2
HA GP 140-B: the Hon Graham Gunn MP 3
(b) an application for relief has been made under this Act in respect of the notice.
(3) An application under this section—
(a) must be made within 7 days of the date on which the notice was issued; and 5
(b) must be made in writing; and
(c) must be accompanied by a statement setting out—
(i) the circumstances in which the notice was issued; and
(ii) the grounds upon which the applicant makes the 10 application for review; and
(iii) the applicant's desired outcome of the review; and
(iv) any further information as reasonably required by the Minister.
(4) The Minister must, as soon as practicable (but in any case within 15 7 days of receiving an application under this section)—
(a) refer the application to an independent reviewer; and
(b) notify the issuing authority of the application.
(5) On receiving an application, an independent reviewer must, within 14 days, review the decision to issue the relevant expiation notice 20 and, for that purpose, may require the applicant or the issuing authority to provide such further information as the independent reviewer thinks fit.
(6) For the purposes of conducting a review under this section the independent reviewer may inform himself or herself in any way that 25 he or she thinks fit.
(7) The independent reviewer may require information contained in, or supporting, an application for review to be verified by statutory declaration.
(8) After conducting a review under this section, the independent 30 reviewer may—
(a) confirm the issue of the notice; or
(b) if the independent reviewer is of the opinion that it is appropriate to do so—direct the issuing authority, by notice in writing, to withdraw the expiation notice. 35
(9) An issuing authority must comply with a direction of an independent reviewer under this section.
Expiation of Offences (Independent Review) Amendment Bill 2009 Part 2—Amendment of Expiation of Offences Act 1996
4 HA GP 140-B: the Hon Graham Gunn MP
(10) If the independent reviewer fails to conclude an inquiry under this section within 14 days of receiving the application then the independent reviewer will be taken to have—
(a) determined that the decision to issue the expiation notice was inappropriate; and 5
(b) directed the issuing authority to withdraw the notice in accordance with this Act.
(11) The independent reviewer must, by notice in writing, notify the applicant and the issuing authority of the outcome of a review under this section. 10
(12) Despite any other provision of this or any other Act, if an expiation notice in respect of a particular offence is withdrawn in accordance with a direction under this section—
(a) no further expiation notice may be issued in respect of that offence; and 15
(b) a prosecution may not be commenced in respect of that offence.
(13) A decision of an independent reviewer under this section is final and not subject to any form of review.
(14) In this section— 20
independent reviewer means a legal practitioner of at least 7 years' standing chosen at random from a panel of 3 such legal practitioners nominated by the Law Society of South Australia.
5—Amendment of section 11—Expiation reminder notices After section 11(1a)(b) insert: 25
(ia) a notice in the prescribed form by which the alleged offender may apply under section 8B for an independent review of the decision to issue the notice; and
Agenda Report – 14th April 2009 5517. LOCAL GOVERNMENT DEPARTMENT AND ASSOCIATIONS (CONT.):
SMP Reference: Objective 1 Respected, Responsive, Open and Effective Leadership Strategy 5 Promote a positive image of Council Action 3 Maintain membership of and active involvement in the South Australian
Local Government Association and associated state level activities and projects.
The attached Circular from the Local Government Association of South Australia (LGA)
advises Council of the development of a Model Fraud and Corruption Prevention Policy and a Model Whistleblowers’ Protection Policy.
Copies of both Model Policies are also attached for the information and reference of Elected Members.
Does Council wish to see these policies prepared and adapted for use as a Council Policy?
~~Options:~~
(i) Cr / Cr
(ii) Cr / Cr
Fraud and Corruption Framework Policies - Circular 15.1
ToChief Executive Officer Elected Members Policy and Strategic Planning Staff
SummaryThe LGA has developed a Model Fraud and Corruption Prevention Policy and a Model Whistleblowers' Protection Policy as part of its Fraud and Corruption framework for Local Government.
The LGA has developed a package of material under its Fraud and Corruption framework as part of its Better
Governance Program. This package of material consists of the following polices which can be adopted or adapted
by individual Councils:
Model Fraud and Corruption Prevention Policy (PDF)■Model Fraud and Corruption Prevention Policy (Word)
■
Model Whistleblowers' Protection Policy (PDF)■Model Whistleblowers' Protection Policy (Word) ■
In addition to the model policies above, we have now started work on the third document under the Fraud and
Corruption framework - "Guidelines for developing a Risk Management/Internal Controls Policy". We will release
this to Councils following consideration by the LGA's Governance Standards Advisory Committee (GSAC).
Further enquiries regarding the above can be referred to Patti Raftopoulos at the LGA by telephone 8224 2068 or
LGA Better Governance Program Model Whistleblower Protection Policy
2
1. Introduction
1.1 XYZ Council ("the Council") is committed to acting in the best interest of the community and to upholding the principles of honesty, integrity and transparency, which are all key components of good governance.
1.2 The Council recognises that Fraud and Corruption have the potential to cause
significant financial and non-financial harm and that, therefore, the prevention and control of Fraud and Corruption should feature predominantly within the systems and procedures of a responsible Council.
2. Policy Statement 2.1 This Policy is designed to protect public funds and assets and the integrity,
security and reputation of the Council.
2.2 This Policy outlines the Council's approach to the prevention, detection and control of fraudulent and/or corrupt activity and, summarises the associated responsibilities of Council Members and Council Employees.
2.3 The Council will not tolerate fraudulent or corrupt activity and is committed to
its control and prevention by:
• establishing and maintaining an effective system of internal controls and enforcing compliance with those controls;
• regularly undertaking risk assessments to identify circumstances in which fraud and corruption could potentially occur;
• implementing fraud and corruption prevention and mitigation strategies in its day to day operations;
• establishing formal procedures for the investigation of allegations relating to fraudulent and/or corrupt activity;
• taking appropriate action in response to allegations of fraudulent and/or corrupt activity including, reporting allegations through appropriate channels and where allegations are substantiated, taking disciplinary action in accordance with the Council’s Codes of Conduct;
• ensuring all Council Employees and Council Members are aware of their obligations in regards to the prevention of fraud and corruption within the Council;
• fostering an ethical environment in which dishonest and fraudulent behaviour is actively discouraged; and
• generating community awareness of the Council's commitment to the prevention of fraud and corruption.
DME 42649
LGA Better Governance Program Model Whistleblower Protection Policy
3
3. Scope
3.1 This Policy is intended to complement and be implemented in conjunction with other Council policies, including:
• Whistleblower Protection Policy;
• Risk Management and Internal Control Procedures;
• Employee Code of Conduct;
• Council Member Code of Conduct; and
• Council Members Allowances and Benefits Policy.
3.2 This Policy applies to all disclosures that relate to the actual or suspected occurrence of fraud and corruption within the Council.
4. Definitions
For the purposes of this Policy the following definitions apply: 4.1 An Appropriate Authority that receives disclosure of public interest
information includes:
• a Minister of the Crown;
• a member of the police force - where the information relates to an illegal activity;
• the Auditor-General – where the information relates to the irregular or unauthorised use of public money;
• the Ombudsman – where the information relates to a public officer;
• a Responsible Officer, where the information relates to a matter falling within the sphere of responsibility of a local Government body; or
• any other person1 to whom, in the circumstances of the case, it is reasonable and appropriate to make the disclosure2.
4.2 A person makes an appropriate disclosure of public interest information if
(a) the person-
i. believes on reasonable grounds that the information is true: or
ii. is not in a position to form a belief on reasonable grounds about the truth of the information but believes on reasonable grounds that the information may be true and is of sufficient significance to justify its disclosure so that its truth may be investigated; and
(b) the disclosure is made to the Appropriate Authority.
1 Such a person may include an independent company that offers an anonymous whistleblower call service. 2 Where the disclosure relates to fraud and corruption, the Appropriate Authority must pass the information as soon as practicable to the Anti-Corruption Branch of the SA Police.
DME 42649
LGA Better Governance Program Model Whistleblower Protection Policy
4
4.3 Corruption is conduct of a public official involving a breach of that person's duty and/or the misuse or abuse of their position:
• to gain a reward or benefit; or
• for any dishonest or improper purpose. 4.4 Deception means deceiving another to obtain a benefit or to cause detriment
to a person. 4.5 An Employee is any person who is employed by the Council, but also
includes any contractors, volunteers and consultants undertaking work for, or on behalf of the Council.
4.6 A False Disclosure is a disclosure of information involving actual or
suspected fraud or corruption that is made by a person who knows the information to be false or, who is reckless as to whether it is false.
4.7 Fraud is the use of misrepresentations, deception or dishonest conduct in
order to obtain an unjust advantage over another or, to cause detriment to the Council. Examples of fraudulent conduct include:
• theft of assets;
• unauthorised and/or illegal use of assets, information or services for private purposes;
• misappropriation of funds; and/or
• falsification of records.
4.8 Maladministration generally includes impropriety or negligence, which may extend to conduct of a serious nature that is:
• contrary to law; or
• unreasonable, unjust, oppressive or improperly discriminatory; or
• based upon improper motives; or
• a result of acting outside the parameters of recommended practice.
4.9 Manager means any Employee of the Council who is responsible for the
direct supervision of other Employees, and/or, for the management of a Council Department.
4.10 Public Officer includes:
• an elected Member of the Council, including the Mayor;
• an Independent Member of the Council's Development Assessment Panel;
• an Independent Member of a Council Committee or a subsidiary of the Council;
• a member of a Council or regional subsidiary; and
• an Employee or Officer of the Council.
DME 42649
LGA Better Governance Program Model Whistleblower Protection Policy
5
4.11 A Responsible Officer is a person (or persons) authorised to receive and act upon information provided by a Whistleblower3. A Responsible Officer under this Policy is also a Responsible Officer for the purposes of the Council's Whistleblower Protection Policy.
4.12 SAPOL means the Anti-Corruption Branch of the South Australian Police
Force. 4.13 A Whistleblower is any person who makes an appropriate disclosure of
public interest information. 4.14 Waste refers to the waste of public resources (including public money), which
occurs as a result of the substantial mismanagement, irregular or, unauthorised use of public resources.
5. Prevention
5.1 The Council recognises that:
• the occurrence of fraud and corruption will prevail in an administrative environment where opportunities exist for waste, abuse and maladministration; and
• the most effective way to prevent the occurrence of fraud and corruption is to promote an ethical environment in which internal control mechanisms have been implemented.
5.2 In general, the Council expects that Public Officers will assist in preventing
fraud and corruption within the Council by:
• understanding the responsibilities of their position;
• familiarising themselves with the Councils procedures and adhering to them;
• understanding what behaviour constitutes fraudulent and/or corrupt conduct;
• maintaining an awareness of the strategies that have been implemented by the Council to minimise fraud and corruption;
• being continuously vigilant to the potential for fraud and/or corruption to occur; and
• reporting suspected or actual occurrences of fraud or corruption to either a Responsible Officer or directly to SAPOL.
3 It is recommended that the Responsible Officer is one or two Council Officers and is not the Chief Executive Officer, the Mayor or Council Member or a Council Committee. A Council Member should not be appointed as a Responsible Officer as Council Members are not equipped to properly deal with an appropriate disclosure in terms of the roles and responsibilities of office. Furthermore the Responsible Officer is an administrative role and the principles of good governance require division between the administrative and governing bodies of a Council.
DME 42649
LGA Better Governance Program Model Whistleblower Protection Policy
6
5.3 Specific Responsibilities
5.3.1 Collectively, as the decision making body of the Council, Council Members are responsible for ensuring that the Council :
o promotes community awareness of the Council's commitment to the prevention of fraud and corruption;
o provides adequate security for the prevention of fraud and corruption. This includes the provision of secure facilities for storage of assets and procedures to deter fraudulent or corrupt activity from occurring;
o provides mechanisms for receiving allegations of fraud or corruption, including by ensuring a Responsible Officer is appointed;
o ensures that, where appropriate, proper investigations are conducted into allegations that involve fraud or corruption;
o forwards information relating to the occurrence of fraud or corruption to SAPOL and facilitates cooperation with any SAPOL investigation;
o ensures that all Employees are aware of their responsibilities in relation to fraud and corruption through the provision of appropriate and regular training;
o promotes a culture and environment in which fraud and corruption is actively discouraged and is readily reported should it occur; and
o undertakes a fraud and corruption risk assessment on a regular basis.
5.3.2 Manager's are responsible for:
o the conduct of any Employees whom they supervise and, will be held accountable for such;
o any property under their control and, will be held accountable for such;
o reporting any suspected or actual occurrences of fraud or corruption within the Council to the Responsible Officer;
o creating an environment in which fraud and corruption is discouraged and readily reported by Employees. Such an environment shall be fostered by the Manager's own attitude to fraud and corruption and, by the accountability and integrity they both display and encourage from other Employees;
o ensuring that new Employees for whom they are responsible are aware of their responsibilities in relation to fraud and corruption and, of the standard of conduct expected from all Employees as outlined in the Council's Employee Code of Conduct;
o identifying potential fraud and corruption risks; and
o leading by example to promote ethical behaviour.
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5.3.3 Employee's are responsible for:
o performing their functions and duties with care, diligence, honesty and integrity;
o conducting themselves in a professional manner at all times;
o adhering to these guidelines and other Council procedures that have been established to prevent fraud or corruption;
o taking care for Council's property which includes avoiding the waste or misuse of the Council's resources;
o maintaining and enhancing the reputation of the Council;
o remaining scrupulous in their use of the Council's information, assets, funds, property, goods or services; and
o reporting any occurrence of fraud and/or corruption within the Council to a Responsible Officer.
6. Fraud and Corruption Risk Assessment Process 6.1 The Council’s main objective in the prevention and control of Fraud and
Corruption is to minimise the occurrence of Fraud and Corruption within the Council. This objective is generally achieved by:
• identifying Fraud and Corruption Risks;
• determining strategies to control those risks; and
• defining responsibility for and, the time frame within which the strategies will be implemented.
6.2 Managers must be alert to the potential of fraud and corruption to occur and
remain weary of factors which may leave the Council vulnerable to fraud and corruption, including:
• changes to Council delegations;
• implementation of cost cutting measures;
• contracting out and outsourcing;
• the impact of new technology; and
• changes to risk management practices.
7. Reporting and Investigation 7.1 Managers or Employees who are aware of fraudulent or corrupt activity within
the Council are required to report this information to a Responsible Officer. 7.2 Reports of fraud or corrupt activity received by any person who is not a
Responsible Officer, are to be forwarded to the Responsible Officer. 7.3 The Responsible Officer must report any allegations involving fraud or
corruption to the Anti Corruption Branch of the SA Police. 7.4 The Responsible Officer will ensure that, where appropriate, the Council
undertakes an investigation into allegations of fraud or corruption.
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Investigations will be conducted pursuant to the Investigation and Reporting Procedure outlined in the Whistleblower Protection Policy.
7.5 However, if it is clear that an offence has been committed (i.e. there is
sufficient evidence to show that fraud or corruption has occurred), an investigation should not be undertaken by the Council. Rather, the Council will refer the matter to Anti Corruption Branch of the SA Police and will follow the instructions from SAPOL in regards to progressing the matter.
7.6 The Responsible Officer will conduct a review into the area in which the fraud
or corruption occurred to determine the cause for the breakdown in controls and, will report the findings of the review and provide recommendations (if any) to the Council.
7.7 Following consideration of a report provided to the Council in accordance with
clause 7.7, the Council will determine the action that is required to be taken to prevent any reoccurrence of the fraud and/or corrupt activity.
7.8 In the event that allegations of fraudulent and/or corrupt activity are
substantiated, the Council will take disciplinary action against any Employee who was involved.
8. False Disclosure 8.2 A person who makes a false disclosure, is guilty of an offence pursuant to
Section 10 of the Whistleblowers Protection Act 1993. 8.3 An Employee who makes a false disclosure, in addition to being guilty of an
offence, will face disciplinary action that may include instant dismissal. 8.4 Council Members who make a false disclosure, in addition to being guilty of an
offence, may face disciplinary action pursuant to the Council’s Council Member Code of Conduct.
9. Educating for Awareness 9.1 The Council recognises that the success and credibility of this Policy will
largely depend upon how effectively it is communicated throughout the organisation and beyond.
9.2 The Council will, therefore, from time to time take proactive steps towards
ensuring that the wider community is aware of the Council's zero-tolerance stance towards fraud and corruption.
9.3 The Council will increase community awareness by:
• promoting the Councils initiatives and policies regarding the control and prevention of fraud and corruption on the Councils website and at the Council's offices;
• make reference to the Council's fraud and corruption initiatives in the Council's Annual Report; and
• facilitating public access to all of the documents that constitute the Council's fraud and corruption framework.
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10. Conclusion 10.1 The Council has established a number of procedures to assist with the
prevention and control of fraud and corruption. The effectiveness of these procedures will be continuously reviewed and assessed and will remain up to date with any future developments in fraud and corruption prevention and control techniques.
10.2 The Council will review this Policy each year as a part of its Annual Policy
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1. Introduction
1.1 XYZ Council is committed to upholding the principles of transparency and accountability in its administrative and management practices and, therefore, encourages the making of disclosures that reveal public interest information.
1.2 The purpose of this Policy is to:
• ensure that XYZ Council properly fulfils its responsibilities under the
Whistleblower Protection Act 1993; • encourage and facilitate disclosures of public interest information which may
include occurrences of maladministration and waste within the Council, and corrupt or illegal conduct in general, so that internal controls may be strengthened;
• provide a process by which disclosures may be made so that they are
properly investigated; and • provide appropriate protection for those who make disclosures in accordance
with the Act.
1.3 The Council will review and update this Policy each year as part of its annual policy review.
2. Scope
2.1 This Policy applies to appropriate disclosures of public interest information that concern a public officer that are made in accordance with the Act by Council Members, Employees of the Council, and members of the public.
2.2 The Policy is designed to complement the existing communication channels within the Council, and will operate in conjunction with existing Council policies, including;
• Fraud & Corruption Prevention Policy;
• Employee Code of Conduct;
• Council Members Code of Conduct; and
• Internal Review of Council Decisions Policy under section 270 of the Local Government Act 1999.
2.3 The Council is committed to:
• referring, as necessary, appropriate disclosures to the Appropriate Authority, which, depending on the nature of the disclosure include a Minister of the Crown, the SA Police, the Anti-Corruption Branch of the SA Police, the Auditor-General or the Ombudsman;
• otherwise investigating all appropriate disclosures of public interest information in a manner which promotes fair and objective treatment of those involved; and
• rectifying any substantiated wrongdoing to the extent practicable in all the circumstances.
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3. Definitions
For the purposes of this Policy the following definitions apply.
3.1 Act means the Whistleblower Protection Act 1993.
3.2 An Appropriate Authority that receives disclosure of public interest information
includes:
• a Minister of the Crown;
• a member of the police force - where the information relates to an illegal activity;
• the Auditor-General – where the information relates to the irregular or unauthorised use of public money;
• the Ombudsman – where the information relates to a public officer;
• a Responsible Officer, where the information relates to a matter falling within the sphere of responsibility of a Local Government body; or
• any other person1 to whom, in the circumstances of the case, it is reasonable and appropriate to make the disclosure2.
3.3 A person makes an appropriate disclosure of public interest information if –
(a) the person-
i. believes on reasonable grounds that the information is true; or
ii. is not in a position to form a belief on reasonable grounds about the truth of the information but believes on reasonable grounds that the information may be true and is of sufficient significance to justify its disclosure so that its truth may be investigated; and
(b) the disclosure is made to an Appropriate Authority.
3.4 Corruption is conduct of a public official involving a breach of that person's
duty and/or the misuse or abuse of their position to:
• gain a reward or benefit; or
• for any dishonest or improper purpose.
3.5 Detriment includes:
• injury, damage or loss; or
• intimidation or harassment; or
• discrimination, disadvantage or adverse treatment in relation to a person's employment; or
• threats of reprisal.
1 Such a person may include an independent company that offers an anonymous whistleblower call service. 2 Where the disclosure relates to fraud and corruption, the Appropriate Authority must pass the information as soon as practicable to the Anti-Corruption Branch of the SA Police.
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3.6 An Employee refers to all the Council's employees and includes trainees, work
experience students, volunteers, and contractors whether they are working in a full-time, part-time or casual capacity.
3.7 Fraud is the use of misrepresentations, deception or dishonest conduct in
order to obtain an unjust advantage over another, or to cause detriment to the Council. Examples of fraudulent conduct include:
• theft of assets;
• unauthorised and/or illegal use of assets, information or services for private purposes;
• misappropriation of funds; and/or
• falsification of records.
3.8 Immunity is an undertaking given by the Council (in accordance with the Act) to
a Whistleblower in relation to action it does not intend to take against a Whistleblower as a result of receiving an appropriate disclosure of public interest information from the Whistleblower.
3.9 Maladministration generally includes impropriety or negligence, which may
extend to conduct of a serious nature that is:
• contrary to law; or
• unreasonable, unjust, oppressive or improperly discriminatory; or
• based upon improper motives; or
• a result of acting outside the parameters of recommended practice.
3.10 Public interest information means information that tends to show –
(a) that an adult person, a Council or other Government Agency, is or has been involved in:
i. an illegal activity; or
ii. an irregular and unauthorised use of public money; or
iii. substantial mismanagement of public resources; or
iv. conduct that causes a substantial risk to public health or safety, or to the environment; or
(b) that a public officer is guilty of maladministration in or in relation to the performance of official functions.
3.11 A Public Officer includes:
• a elected Member of the Council, including the Mayor;
• an Independent member of the Council's Development Assessment Panel;
• an Independent member of a Council Committee or a subsidiary of the Council, and
• an Employee or Officer of the Council.
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3.12 A Responsible Officer is a person authorised to receive and act upon public interest information received from a Whistleblower3.
3.13 Victimisation occurs when a person causes detriment to another on the
ground, or substantially on the ground, that the other person (or a third person) has made or intends to make an appropriate disclosure of public interest information.
3.14 Waste refers to the waste of public resources (including public money), which
occurs as a result of the substantial mismanagement, irregular or unauthorised use of public resources.
3.15 Whistleblower is any person who makes an appropriate disclosure of public
interest information.
4. Confidentiality
4.1 The identity of a Whistleblower will be maintained as confidential in accordance with the Act. Confidentiality will remain in all circumstances, unless the Whistleblower consents to his/her identity being disclosed, or disclosure is otherwise required so that the matter may be properly investigated.
4.2 A Whistleblower may wish to remain anonymous. In the event that an
anonymous disclosure is made, the Whistleblower must ensure that the allegation is sufficiently supported by the provision of necessary details and evidence to enable the matter to be properly investigated. Accordingly, if an allegation is not supported by sufficient evidence it will not be investigated under the provisions of the Act.
4.3 Except for the identity of the Whistleblower, the Act does not expressly require
any other information relating to a public interest disclosure (i.e. the nature of the allegations) to be maintained as confidential. However, such information will be treated confidentially, except in circumstances where the investigation process requires this information to be disclosed (i.e. where the allegations must be put to the person who is the subject of the disclosure).
5. Disclosure Process 5.1 An appropriate disclosure of public interest information is to be made to the
Responsible Officer. A Whistleblower may alternatively choose to disclose public interest information directly to an Appropriate Authority4.
3 It is recommended that the Responsible Officer is one or two Council Officers and is not the Chief Executive Officer, the Mayor, Council Member or a Council Committee. A Council Member should not be appointed as a Responsible Officer as Council Members are not equipped to properly deal with an appropriate disclosure in terms of the roles and responsibilities of their office. Furthermore the Responsible Officer is an administrative role and the principles of good governance require division between the administrative and governing bodies of a Council. 4 In circumstances where appropriate disclosure relates to the Chief Executive Officer, it is recommended that the disclosure be made direct to the Ombudsman.
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5.2 An appropriate disclosure made to the Responsible Officer may be made in person, by telephone or in writing. The relevant contact details are:
• Telephone #########
• Email #########
• Address Confidential Whistleblowers PO Box ###
##########
5.3 Where an appropriate disclosure is made by telephone, the Responsible Officer must take notes of the conversation and, where possible ask the Whistleblower to verify and sign the notes.
5. Upon the receipt of an appropriate disclosure, the Responsible Officer will
determine the nature of the public interest information contained within the disclosure and either refer the disclosure to the Appropriate Authority (where it is appropriate to do so), or proceed with an investigation process. For example, where an appropriate disclosure relates to fraud or corruption, the Responsible Officer will refer the matter to the Anti-Corruption Branch of the SA Police.
6. Reporting and Investigation Procedure
6.1. Investigation Procedure 6.1.1 Any investigation undertaken by the Council will be undertaken in accordance
with a two-staged process involving a preliminary investigation undertaken by the Responsible Officer and, in some circumstances, a secondary investigation undertaken by an external person. The objectives of the investigation process are:
• to investigate the substance of the disclosure and to determine whether
there is evidence in support of the matters raised or, alternatively, to refute the report made;
• to collate information relating to the allegation as quickly as possible. This may involve taking steps to protect or preserve documents, materials and equipment;
• to consider the information collected and to draw conclusions objectively and impartially;
• to maintain procedural fairness in the treatment of witnesses and the person who is subject of the disclosure;
• to make recommendations arising from the conclusions drawn concerning remedial or other appropriate action; and
• the Responsible Officer and/or external persons will keep notes of all discussions, phone calls,and interviews. It is recommended that the interviewee sign written records of interviews and interviews be taped, but only where the interviewee has consented to this. Witness statements should also be signed.
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6.1.2 The Act requires that the Whistleblower assist with any investigation that results from his/her disclosure.
6.1.3 The person to whom the appropriate disclosure relates will be notified of the
disclosure and the associated investigation. That person will be given the opportunity to respond, and his or her defence will be fairly included in the report.
6.1.4 In performing his/her duties, the Responsible Officer/external person will
maintain a confidential file of information (including written documents, disks, tapes, film or other objects that contain information) that relates to a disclosure and/or is a product of the associated investigation/reporting process. All such information will be recorded in a register which is to remain confidential and be securely stored5.
6.1.5 The Whistleblower will be notified of the progress of the investigation and,
wherever practicable and in accordance with the law, of the final outcome.
6.2. The Role of the Responsible Officer
6.2.1 In the event the Responsible Officer determines to proceed with an investigation, the Responsible Officer will:
• undertake a preliminary investigation into all information received;
• report the outcome of the preliminary investigation to the Chief Executive Officer (or in the event that the disclosure relates to the Chief Executive Officer, to the Principal Member). The preliminary report must include:
o the allegation(s) and the basis for them;
o a determination of whether the disclosure is deliberately false, malicious or vexatious;
o a determination of whether the matter is to be pursued further and the reasons for this decision; and
o any recommendations arising from the conclusions including any remedial action that should be taken by the Council;
• in the event that the matter is to be pursued further, appoint an external person to undertake a detailed investigation and to prepare a report to submit to the Chief Executive Officer (or in the event that the disclosure relates to the Chief Executive Officer, to the Principal Member).
6.3. Final Report and Recommendation
6.3.1 Upon finalising a detailed investigation the external person is to prepare a report that will contain the following:
• the allegation(s); 5 The Responsible Officer (or external person as the case may be) will ensure all information relating to an appropriate disclosure is maintained as confidential and as such, will be solely responsible for the secure storage of this information. It is recommended that the information be stored separately from the Council's records. In the event that a person's appointment as a Responsible Officer is terminated, the person must provide the information to the newly-appointed Responsible Officer and having done so will continue to be bound by a duty of confidentiality in respect of the Whistleblower's identity and the information received.
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• an account of all relevant information received including any rejected evidence, and the reasons why the rejection occurred;
• the conclusions reached and the basis for them;
• any recommendations arising from the conclusions; and
• any remedial action which should be taken by the Council.
The report will be accompanied by:
• the transcript or other record of any verbal evidence taken, including tape recordings; and
• all documents, statements or other exhibits received by the officer and accepted as evidence during the course of the investigation.
6.3.2 The report will not disclose particulars that will or are likely lead to the identification of the Whistleblower.
7. Protection for the Whistleblower
7.1 The Act provides immunity from criminal or civil liability for Whistleblowers, and protection for Whistleblowers against victimisation. Accordingly the Council will take action as appropriate to protect Whistleblowers from victimisation. Furthermore, in the event that a Whistleblower is victimised, the Council will, immediately refer the matter to the SA Police.
7.2 The Act does not provide any protection to people who knowingly make false
disclosures or are reckless as to whether their disclosures are true.
7.3 A person who knowingly makes a false disclosure or is reckless as to whether the disclosure is true is guilty of an offence and may be prosecuted.
7.4 A public officer who knowingly makes a false disclosure, or is reckless as to
whether the disclosure is true, in addition to being guilty of an offence under the Act, may face disciplinary action taken by the Council.
8. Availability of the Policy
8.1 This Policy will be available for inspection at the Council's Offices during ordinary business hours and via the Council's website #####. Copies will also be provided to the public upon request, and upon payment of a fee in accordance with the Council's Schedule of Fees and Charges.
Agenda Report – 14th April 2009 5618. ENVIRONMENTAL HEALTH MATTERS: Nil
Agenda Report – 14th April 2009 5719. PLANNING & DEVELOPMENT MATTERS:
19.1 DEVELOPMENT APPLICATIONS
Subject: Monthly Activity List Report By: Building, Planning & Administration Assistant Report Date: 03/04/2009 File Reference: Development Register Action: No - Information Only Attachments: Yes
An updated Development Applications Monthly Activity List has been attached for the
information and reference of Elected Members.
Meeting 14/4/2009Development Application Activity Status Report Legend Item 19.1
Dev = Development LMA = Land Management Agreement Month of March 2009 DAP = Development Assessment Panel
App No Owner Location of
Development Description of Dev Date of
Registration
Additional Information
RequestStatutory Consult
DAP Agenda
Date Dev Plan Consent
Building Rules
Consent Dev Consent Comments
0053/04 DCMR Sect 515 Hd Telowie
Construction of a walking trail platform at the Bluff 5/04/2004 Pending
0128/05M & S Schroeter
Lot 336 Port Germein Dwelling & Colorbond Shed 21/12/2005 31/03/2006
06/07/2006 (Both)
6/7/06 (shed only_
6/7/06 (Shed Only)
Awaiting Further Information
0078/06 Ian Leorke Sect 350 Hd Telowie
(1) New 2 storey house (2) Shed with lean-to (3) Shipping Container 10/08/2006 29/11/2009
29/11/06 (Shed, Lean-To & Shipping Container)
Awaiting Further Information
0082/06P Hassett & Orrkle Pty Ltd Lot 64 Appila T/S
LD = Land Division ST = Septic Tank DA (N) = Development Application (New) DA (A) = Development Application (Alterations & Additions) Printed: 9/04/2009
Agenda Report – 14th April 2009 5920. COUNCIL POLICIES FOR REVIEW AND ADOPTION: Nil
Agenda Report – 14th April 2009 6021. LATE ITEMS & REPORTS:
Agenda Report – 14th April 2009 6122. REPORTS AND CORRESPONDENCE:
Subject: Receiving of All Report By: Chief Executive Officer Report Date: 08/04/2009 File Reference: Nil Action: Yes Attachments: No
Recommendation:
That Reports and Correspondence as listed in: 6. MAYOR'S REPORT 7. COUNCILLOR'S COMMUNICATIONS 10. WORKS BUSINESS 11. FINANCE BUSINESS 12. ADMINISTRATION MATTERS 13. CORRESPONDENCE 14. LOCAL GOVERNMENT DEPARTMENTS AND ASSOCIATIONS 15. ENVIRONMENTAL HEALTH MATTERS 16. PLANNING & DEVELOPMENT MATTERS 17. POLICIES FOR REVIEW & ADOPTION 18. LATE ITEMS & REPORTS be received.
~~Options:~~
(i) Cr / Cr
(ii) Cr / Cr
Agenda Report – 14th April 2009 6223. OTHER BUSINESS: CLOSE