20200211 - Leadership and Governance Standing Committee …€¦ · The Budget Policy (the policy)...

OUR VISIONA progressive region creating opportunities for all

OUR MISSIONWe are a council committed to continuous improvement, a sustainable

future and efficient investment in our communities

OUR VALUESRespect and Integrity

Accountability and TransparencyProviding Value

Commitment and Teamwork

OUR PRIORITIESStrong, vibrant communities

Building and maintaining quality infrastructureSupporting our local economy

Protecting our people and our environmentLeadership and governance

Our organisation

Leadership and Governance Standing Committee Meeting

Notice is hereby given pursuant to the provisions of the Local Government Regulation 2012, that the next Meeting of the Central Highlands Regional Council will be held in the Council Chambers, 65 Egerton Street, Emerald on

Tuesday, 11 February 2020At 10.15 am

For the purpose of considering the items included on the Agenda.

Scott MasonChief Executive Officer

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20200211 - Leadership and Governance Standing Committee Meeting - Agenda

Central Highlands Regional Council 2 of 39

AGENDA CONTENTS1 PRESENT ..................................................................................................................................................32 APOLOGIES..............................................................................................................................................33 LEAVE OF ABSENCE...............................................................................................................................34 ACKNOWLEDGEMENT OF COUNTRY ...................................................................................................35 CONFIRMATION OF MINUTES OF PREVIOUS MEETING .....................................................................35.1 Minutes - Leadership and Governance Standing Committee Meeting - 21 January 2020......................36 BUSINESS ARISING OUT OF MINUTES .................................................................................................97 REVIEW OF OUTSTANDING MEETING ACTIONS .................................................................................98 REVIEW OF UPCOMING AGENDA ITEMS..............................................................................................99 MATERIAL PERSONAL INTEREST, CONFLICT OF INTEREST, PERSONAL GIFTS AND BENEFITS

...................................................................................................................................................................910 DECISION ACTION REPORTS...............................................................................................................1010.1 Corporate Services................................................................................................................................10

10.1.1 Budget Policy Review ..... approx 10 mins .....................................................................................1010.1.2 Dust Seal Policy ..... approx 10mins...............................................................................................20

10 INFORMATION REPORTS .....................................................................................................................2510.1 Corporate Services................................................................................................................................25

10.1.2 Bi-Monthly Workforce Update ..... approx 10mins..........................................................................2510.1.3 Governance Update ..... approx 10mins.........................................................................................31

11 GENERAL BUSINESS ............................................................................................................................3912 CLOSURE OF MEETING ........................................................................................................................39



1 PRESENT

2 APOLOGIES

3 LEAVE OF ABSENCE

4 ACKNOWLEDGEMENT OF COUNTRY

5 CONFIRMATION OF MINUTES OF PREVIOUS MEETING

5.1 Minutes - Leadership and Governance Standing Committee Meeting - 21 January 2020

Leadership and Governance Standing Committee Meeting

Meeting of the Central Highlands Regional Council held in the Executive Meeting Rooms, 65 Egerton Street, Emerald on

Tuesday, 21 January 2020

Commenced at 10.17am

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MINUTES – LEADERSHIP AND GOVERNANCE STANDING COMMITTEE MEETING – TUESDAY 21 JANUARY 2020 – PAGE 2

CENTRAL HIGHLANDS REGIONAL COUNCIL

GENERAL MEETING OF COUNCIL

TUESDAY 21 January 2020

MINUTES CONTENTS

PRESENT .................................................................................................................................................... 3 APOLOGIES ................................................................................................................................................ 3 LEAVE OF ABSENCE .................................................................................................................................. 3 CONFIRMATION OF MINUTES OF PREVIOUS MEETING ......................................................................... 3 Minutes - Leadership and Governance Standing Committee Meeting – 10 December 2019 ......................... 3 BUSINESS ARISING OUT OF MINUTES..................................................................................................... 3 REVIEW OF OUTSTANDING MEETING ACTIONS ..................................................................................... 3 REVIEW OF UPCOMING AGENDA ITEMS ................................................................................................. 3 MATERIAL PERSONAL INTEREST, CONFLICT OF INTEREST, PERSONAL GIFTS AND BENEFITS ...... 3 DECISION ACTION REPORTS .................................................................................................................... 4 INFRASTRUCTURE AND UTILITIES ........................................................................................................... 4

Dust Seal Policy .................................................................................................................................... 4 INFORMATION REPORTS .......................................................................................................................... 4 CORPORATE SERVICES ............................................................................................................................ 4

Monthly Governance Framework Status Update ................................................................................... 4 GENERAL BUSINESS ................................................................................................................................. 4 CLOSURE OF MEETING ............................................................................................................................. 4

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MINUTES – LEADERSHIP AND GOVERNANCE STANDING COMMITTEE MEETING HELD AT 10:17AM TUESDAY 21 JANUARY 2020 IN THE CENTRAL HIGHLANDS REGIONAL COUNCIL EXECUTIVE MEETING ROOMS, EMERALD OFFICE

PRESENT Councillors Councillors (Crs) K. Hayes (Mayor), C. Rolfe (Chair), Councillors (Crs) P. Bell AM, C. Brimblecombe, G. Nixon Officers General Manager Corporate Services M. Gatt, Acting General Manager Customer and Commercial Services J. Hoolihan, Corporate Communications Officer K. Paradies and Minute Secretary D. Harker Observers Nil APOLOGIES Cr G. Sypher Resolution: Cr Nixon moved and seconded by Cr Brimblecombe “That a leave of absence as previously granted for Councillor Sypher for today’s meeting be recorded.” LGSC 2020 / 01 / 21 / 001 Carried (5-0) LEAVE OF ABSENCE Nil CONFIRMATION OF MINUTES OF PREVIOUS MEETING 4.1 Minutes - Leadership and Governance Standing Committee Meeting – 10 December 2019 Resolution: Cr Nixon moved and seconded by Cr Brimblecombe “That the minutes of the previous Leadership and Governance Standing Committee Meeting held on 10 December 2019 be confirmed.” LGSC 2020 / 01 / 21 / 002 Carried (5-0) BUSINESS ARISING OUT OF MINUTES Nil REVIEW OF OUTSTANDING MEETING ACTIONS Councillors reviewed the resolution register (meeting actions) update. REVIEW OF UPCOMING AGENDA ITEMS Discussions were held regarding upcoming agenda items.

MATERIAL PERSONAL INTEREST, CONFLICT OF INTEREST, PERSONAL GIFTS AND BENEFITS Nil Attendance

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James Ngoroyemoto attended the meeting at 10.21am

DECISION ACTION REPORTS INFRASTRUCTURE AND UTILITIES Dust Seal Policy Executive Summary: A proposed Dust Seal Request Management Policy has been developed. The key emphasis of the policy is that any dust sealing works are undertaken at full cost to the applicant at a standard and scope approved by Council. Resolution: Cr Nixon moved and seconded by Cr Brimblecombe “That Central Highlands Regional Council defer the Road Dust Seal Management Policy - CHRCP0019 to the next Leadership and Governance Standing Committee Meeting for consideration”. LGSC 2020 / 01 / 21 / 003

Carried (5-0)

INFORMATION REPORTS

CORPORATE SERVICES Monthly Governance Framework Status Update Executive Summary: This report is provided to update the Committee on the Governance portfolio activities across functions areas of the organisation. This report focuses on the risk activities, policy framework implementation, Internal Audit, and project governance review over the past two months. Resolution: Cr Bell moved and seconded by Cr Nixon “That Central Highlands Regional Council”

1) Receive the January 2020 Governance update report;

2) That the recommendations regarding the Strategic Program Governance Group and Project, Program and Portfolio team be strengthened and reviewed following the next six months of work”.

LGSC 2020 / 01 / 21 / 004

Carried (5-0)

GENERAL BUSINESS Nil

CLOSURE OF MEETING There being no further business, the Chair closed the meeting at 11.30am.

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CONFIRMED CHAIR DATE

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6 BUSINESS ARISING OUT OF MINUTES

7 REVIEW OF OUTSTANDING MEETING ACTIONS

8 REVIEW OF UPCOMING AGENDA ITEMS

9 MATERIAL PERSONAL INTEREST, CONFLICT OF INTEREST, PERSONAL GIFTS AND BENEFITS



10 DECISION ACTION REPORTS

10.1 Corporate Services

10.1.1 Budget Policy Review ..... approx 10 mins

DECISION REPORT

Date: 11 February 2020 Presentation Duration: Approx. 10 minutes

To: Leadership and Governance Standing Committee Meeting

Author: Julie Bruce, Acting Manager Finance

Authorising Officer: Margaret Gatt, General Manager Corporate Services

File Reference: NIL

EXECUTIVE SUMMARY:

Finance has recently reviewed its Budget Policy and is proposing amendments to the policy by updating the Manager Finance’s discretion to allow budget variations. The amendments reflect the financial delegations register and council’s commitment to finding efficiencies and eliminate wastage of council’s time and resources.

OFFICER RECOMMENDATION:

That Central Highlands Regional Council Leadership and Governance Standing Committee:

1. Receive the Budget Policy review report; and 2. Consider and refer to the next General Council Meeting the Budget Policy as shown in the

attachments to this report.

REPORT:

The Budget Policy (the policy) was adopted along with the annual budget on 25 June 2019 with an effective start date of 1 July 2019. The Policy provides a framework for the establishment and administration of council’s budget and to ensure that known variations to the budget are addressed in a timely manner.

The General Council Meeting dated 10 December 2019 requested a review of the policy. The policy has been reviewed and minor amendments have been identified with respect to the process for handling various types of amendments to the budget. The proposed amendments include amending the table under Paragraph 7 titled Amendments to the Budget such that:

the Manager Finance may approve a variation that is less than $150,000.

a variation that relates to an increase or reduction in the scope of a council approved project (operating or capital), the Manager Finance is only able to use their discretion to approve one variation per project per financial year and consideration must be given to projects that have had a significant change in scope.

These amendments to the Policy are being proposed to avoid the situation which can arise under the current Policy with respect to lower value projects. For example, where a project with a budget value of $100,000 has been approved by council in the annual budget and subsequently it is determined that there is a $12,000 budget variation needed, as this variation is greater than the 10% of the project value allowed under the current Policy this budget variation would need council approval.



Under the proposed amendments this budget variation may be approved by the Manager Finance at their discretion, limited to a budget variation amount that is less than $150,000 and can only be exercised once per project per financial year. If a project requires a subsequent budget variation or the Manager Finance withholds their discretion to allow the first variation, then the variation will require council approval.

The proposed amendment allowing the Manager Finance to approve a variation that is less than $150,000 is also consistent with that role’s current financial delegation.

If a project requires a budget variation that is greater than or equal to $150,000 the Manager Finance has no discretion and the variation will need council approval.

The proposed amendments align with council’s commitment to finding efficiencies and eliminate wastage of council’s time and resources.

CONSIDERATIONS / IMPLICATIONS:

Corporate/Operational Plan Reference: 5. Leadership and Governance;5.3.1 – Maintain high standards of corporate governance.

Budget/Financial/Resourcing: Nil – All associated budget costs are covered in the 2019-2020 adopted budget and Budget Policy.

Legal/Policy/Delegations:Budget Policy CHRCP0009

The Local Government Act 2009 requires that council approve a budget each year. The budget must set out expected revenues and expenses for each major category in accordance with the Local Government Regulation 2012. The Budget Policy provides the process for handling various types of amendments to the budget.

Communication/Engagement:This policy review has consulted with the relevant business unit policy owners. Where appropriate other business units that are impacted by the policy have also been consulted with.

Risk Assessment: Policy review and revision is a crucial part of an effective policy management plan. Outdated policies can leave council at risk. Old policies may fail to comply with new laws and regulations. They may not address new systems or technology, which can result in inconsistent practices. Regularly reviewing policies keeps council up to date with regulations, technology, and industry best practices.

Timings/Deadlines:Review and adoption on or before 1 July 2020.

Alternatives considered:Nil.

SUMMARY:

Finance has undertaken a review of the Budget Policy. The review is complete, and the policy is being presented for consideration and referral to the next General Council Meeting for adoption in accordance with the Policy Framework.



ATTACHMENTS:

1. Budget Policy - CHRC P 0009 [10.1.1.1 - 7 pages]

– END OF REPORT –

Electronic version current – uncontrolled copy valid only at time of printingAdoption Date: 252 JuneFebruary 201920 Amended Date: Document Name: Budget Policy

Revokes: Review Date: 1 July 20201 Page 1 of 7

Version: 7

1. Policy Purpose

1.1. To provide a framework for establishment and administration of Council’s budget and to ensure that known variations to the budget are addressed in a timely manner.

1.2. This policy applies to Council’s corporate budgeting activities including the annual budget and any subsequent reviews.

2. Policy Statement

2.1. Central Highlands Regional Council’s budget cycle is aimed at addressing the need for:

2.1.1. Long term financial planning;

2.1.2. Detailed annual budgets supporting Council’s operating plans and revenue decisions;

2.1.3. Reviews to address progress against the annual operating plan, and

2.1.4. Reviews to align the budget with actual results

This is illustrated as follows:

3. Philosophy

3.1. To deliver on Council’s mission that, ‘we are a council committed to continuous improvement, a sustainable future and efficient investment in our communities,’ a robust financial planning framework is required to support long term financial sustainability.

CENTRAL HIGHLANDS REGIONAL COUNCIL POLICY:

TITLE:

Budget Policy

POLICY REF NO:

CHRCP: 0009

Central Highlands Region Community Plan

Corporate Plan

2017/2022

Long Term Financial

Plan

Annual Operational

Plan

Annual Budget





Version: 7

3.2. Financial sustainability is about Council being able to maintain its infrastructure capital (assets) and financial capital (cash) over the long term. In turn, long term financial planning relies on an understanding of the infrastructure funding needs of Council, including maintenance, upgrades and renewals. Council will use budgeting and long-term financial planning to ensure the financial sustainability of the region is maintained for future generations. The following principles will be applied:

3.2.1. The long-term impacts of projects will be considered including whole of life costs.

3.2.2. Projects will be considered using a portfolio approach i.e. whole of council, to ensure the relative merits of individual projects are considered comparatively with all projects.

3.2.3. Grant funding will only be sought and accepted where projects are strategically aligned, and the benefits outweigh the whole of life cost.

3.2.4. Asset Management Plans and Project Decision Frameworks will be used as a core decision making tool.

3.2.5. Where possible, projects of a similar nature should be grouped to take advantage of economies of scale.

3.2.6. Where possible, larger projects should be undertaken in a single location, in lieu of small investments in multiple locations in the same budget cycle.

4. Council Reports

4.1. The following principles are to be applied when compiling official Council meeting reports that have a financial impact:

4.1.1. Recommendations that are presented to Council that have the effect of increasing expenditure or reducing income (if adopted) MUST indicate where alternative funding is to be sourced from.

4.1.2. No report may include a recommendation that ‘funds are to be identified at the next review’.

4.1.3. No report may identify that ‘the project be included in next year’s budget’, unless the project has been considered as part of a Council budget process relating to the future financial year.

4.1.4. Where a recommendation states that the funds are to be allocated from various Reserve pools the report MUST include the current balance and projected future balance based on budgeted commitments of the relevant account. This will enable Councillors to be fully informed prior to approving the allocation.





Version: 7

4.1.5. Only emergent projects/expenditure items should generally be incorporated into Budget Reviews.

4.1.6. Note: The overall intention of the Budget Reviews is to review performance and assess Council’s financial position.

4.1.7. Where an item that has a financial implication is raised in the General Business section at a Council Meeting, a report is to be presented to a future meeting so that possible funding can be identified before the recommendation is adopted.

4.1.8. The budget is a "project" budget. Where projects are completed under budget, the funds are to be retained in consolidated revenue for those projects that may be over expended.

4.1.9. All proposed projects must be completed in line with the adopted Project Decision Framework prior to including in reports.

5. Annual Budget Consideration

5.1. Throughout the financial year Council considers matters which may result in a referral to future budget considerations. Where this occurs in an open Council meeting it becomes a matter of public knowledge. These matters must be consistent with Council’s Long-Term Financial Forecast, when adopted.

5.2. During the lead up to the adoption of the original annual budget for a particular financial year, detailed presentations and working papers are provided to Councillors. The presentations and working papers may include potential expenditure, pricing and rating considerations and various scenarios on options to be considered before the adoption of the budget. This includes information pertaining to Council’s commercial and general activities.

5.3. In the case of commercial activities, the disclosure of detailed pricing and expenditure information may be detrimental to Council’s competitive position. Consequently, this information is to be treated as confidential. Commercial activities include those activities defined as business activities and significant business activities in accordance with the Local Government Act 2009.

5.4. While there no commercial considerations within Council’s general activities, the premature release of financial information being considered as part of budget deliberations may cause conjecture on the likely outcomes. The subtlety between information presented to Councillors to assist them with decision making and the intent of Council after considering all information, may be lost in public disclosure. In order to prevent misleading information in the media or unfounded public conjecture, it is therefore necessary to control the public release of information prior to the formal adoption of the budget.





Version: 7

5.5. As a matter of policy, all budget working papers including material presented on possible pricing, rating and expenditure is to be treated as ‘strictly confidential’.

5.6. In some instances, portions of the above information may normally (outside of the budget process) be used to answer enquiries or comments from members of the public. In recognition of the operational need to continue to respond to public enquiries/comment during the budget preparation, the Mayor and CEO (or CEO delegate) are authorised to exercise discretion in releasing information which would otherwise be considered confidential under this policy.

6. Budget Reviews

6.1. Generally, at least three budget reviews will be completed each financial year in October, February and May, however these dates may be flexible to suit particular circumstances.

6.2. It is recognised that (following finalisation of the June financial statements) the actual opening balance may be either more favourable or less favourable than the estimate in the original budget. In the case that it is more favourable, priority will be given to reduce the level of borrowings. A very conservative budget approach is to be taken at this early stage of the financial year due to the possibility of not meeting revenue targets or non-forecast unavoidable expenditures.

6.3. Should other additional funding also become available during the year, the first priority will be to reduce borrowing (must be contained within relevant fund) and ensure that approved projects have adequate allocations to meet the initial scope of the project.





Version: 7

7. Amendments to the Budget

7.1. There are a number of budget amendments that may be required during the year. The process for handling various types of amendments is as follows:

Type of Amendment< 10% variance #or < $1500,000)

> 10% variance #or >= $1500,000)

Increased/decreased expectation of revenue.

At Manager Finance discretion*, adjust at next review.

Council approval required prior to work commencing. Report to Council at earliest opportunity.

Increase or reduction in the scope of a Council approved project (operating or capital).

At Manager Finance discretion*, adjust at next review although consideration should be given to reporting to Council if there are other significant non-monetary impacts (e.g. change in risk, service level, significant change in scope).

Manager Finance may only use their discretion* to approve one (1) variation per project per financial year.


Change in routine/operational item. (e.g. additional funds required in one project area, but savings available in another).

At Manager Finance discretion*, provided it is within the one Program area.


Transfers between programs. At Manager Finance discretion*. Council approval required prior to work commencing. Report to Council at earliest opportunity.

Incorrect classification of projects as either operational or capital nature or incorrect allocation of Operational Plan, which is for accounting purposes only and has a nNil effect on Council’s bottom line.

At Manager Finance discretion*. Council approval required prior to work commencing. Report to Council at earliest opportunity.

Information regarding additional grant funded projects and associated revenue and expenditure.


Projects subject to reserve transfers as a funding source.


# Minimum variance for reporting purposes is $10,000.

* Discretion may in fact mean the decision not to support the change or that a report must go to Council to obtain approval for the proposed change. The discretion may also be exercised by the CEO or delegate.





Version: 7

7.2. In addition, where there is any question over the allocation of revenue or expenses to a particular Department/Program the final decision shall be at the discretion of the Manager Finance and/or the General Manager Corporate Services.

7.3. Where money is budgeted for capital projects in the previous financial year and a commitment during that year has been made to complete this work, however if the work is not expected to be completed by 30 June in that year, the current year’s budget may be amended at the discretion of the Manager Finance. The amount to be carried over to the current budget must not exceed the amount of unspent portion of the original project budget.

8. Definitions

CEO shall mean the person appointed to the position of Chief Executive Officer under the Act and anyone acting in that position.

Council refers to Central Highlands Regional Council.

The Act shall mean the Local Government Act 2009 (as amended).

The Regulation shall mean the Local Government Regulation 2012 (as amended).

Adopted Budget shall mean the original budget for Central Highlands Regional Council for the financial year including any amendments to the budget adopted by the local government under section 169 and 170 of the Regulation.

Community Plan shall mean a document that outlines the local government’s goals, strategies and policies for implementing the local government’s vision for the future of the local government area, during the period covered by the plan.

Corporate Plan shall mean a document that outlines the local government’s strategic direction and the nature and scope of the activities proposed to be carried out.

Long-Term Financial Plan shall mean a document that outlines the local government’s goals, strategies and policies for managing the local government’s finances, during the period covered by the plan including supporting asset management plans.

Manager Finance shall mean the person holding that position in Council’s hierarchy or in their absence the General Manager Corporate Services.

General Manager Corporate Services shall mean the person holding that position in Council’s hierarchy or in their absence the Chief Executive Officer.

Project shall mean an activity that is temporary in that it has a defined beginning and end in time, and generally a defined scope and resource requirement. A project is unique in that it is not a routine operation, but a specific set of operations designed to accomplish a singular goal. They could be operating or capital in nature.

Strategic Link Local Government Act 2009Local Government Regulation 2012





Version: 7

Category Budgeting

Lead Business Unit Financial Services

Public Consultation No

Adoption Date 252/062/202019

Next Review Due On or before 01/07/20201

Document Number 1127193

Record Keeping ECM, Vine and Council Website

Related Documents Corporate Plan 2017-2022





10.1.2 Dust Seal Policy ..... approx 10mins

DECISION REPORT



Author: Jason Hoolihan, Manager Infrastructure

Authorising Officer: Gerhard Joubert, General Manager Infrastructure and Utilities

File Reference: NIL

EXECUTIVE SUMMARY:

A proposed Dust Sealing Request Management Policy for unsealed roads has been developed. The key emphasis of the policy is that any dust sealing works on unsealed roads are undertaken at full cost to the applicant at a standard and scope approved by council.


That Central Highlands Regional Council Leadership and Governance Standing Committee consider and refer to the next General Council Meeting for adoption the Dust Sealing Request Management Policy - CHRCP0019.

REPORT:

On occasion, council has received requests from members of the public to bitumen seal sections of unsealed road immediately adjacent to private houses. The purpose of these seals is to improve the amenity of the house by reducing dust. The level of dust produced is typically dependent upon the amount and type of traffic, prevailing weather and wind conditions and the type of gravel used on the pavement. The effect of the dust can vary from a general annoyance to impacting on the health of the residents.

Council engaged a consultant to develop a Dust Sealing Request Management Policy - CHRCP0019 (Attached) for dust sealing in the region. The policies of the previous shire, the policies of other regional councils and accepted engineering practice was considered in the development of the proposed policy. A further discussion was held at the Councillor workshop on 9 October 2019.

The proposed policy outlines that council will approve the scope and specifications of the proposed seal and will undertake the construction at full cost to the applicant. The new seal will become an asset of council and as such council will be responsible for ongoing maintenance costs. The length, width and type of construction will be dependent upon the alignment of the existing road, location of the effected properties and the traffic counts.

The policy does not consider other treatments that can be applied as part of maintenance works which may temporarily reduce the amount of dust produced.


Corporate/Operational Plan Reference: 1. Strong Vibrant Communities; 1.1 - Corporate Plan Strategy: Strong diverse communities1.1.1 - Provide and maintain accessible community services and facilities that meet the needs of our diverse communities.

4. Protecting our People and our Environment;



4.2 - Corporate Plan Strategy: Environmental sustainability4.2.1 - Collaborate with stakeholders to manage our built and natural environment.

Budget/Financial/Resourcing: Under the provisions of the proposed policy, council would not be responsible for funding the construction of the dust seal. Considering the typical lengths of seal applicable it is considered that the ongoing maintenance costs would be negligible and would be covered under the existing rural roads operation budget.

Legal/Policy/Delegations:There are no existing relevant policy positions on this issue. The Dust Sealing Request Management Policy - CHRCP0019 is proposedNo legal considerations have been made.

Communication/Engagement:There has been no dedicated public consultation on this issue. Engagement has occurred with infrastructure staff, other regional councils and at the Councillor workshop held on the 9 October 2019.

Risk Assessment: 1. Council has not official position documented to respond to requests. This policy provides a

transparent process.2. Additional assets that council accept will increase depreciation and ongoing maintenance

activities.

Timings/Deadlines:Nil

Alternatives considered:The main alternative considered was the proposal for council to fund some, or all, of the capital costs associated. It was considered that this option would have the potential for council to incur significant capital costs.

SUMMARY:

A proposed policy has been developed to provide a standard position for the sealing of gravel roads to reduce the impact of dust on private residents. Council has undertaken engagement primarily with other regional councils and infrastructure staff to develop the policy. The policy provides for council to undertake dust sealing works at the cost to the applicant. The scope and standard of the works are to be approved by council in line with the typical road use and environment.

ATTACHMENTS:

1. Road Dust Seal Management Policy - CHRCP001 [10.1.2.1 - 3 pages]


Electronic version current – uncontrolled copy valid only at time of printingAdoption Date: 21/1/2020 Amended Date: Document Name: Dust Sealing Request

Management Policy

Revokes: Review Date: 20/1/2022 Page 1 of 3

Version:

1.0 Policy Purpose

1.1 This policy provides Council and its administration with the principles and guidelines to carry out works on Council maintained unsealed roads to minimize public concerns related from dust nuisance. The policy also permits Council to accept monetary contributions from residents to allow self-funding of dust sealing of unsealed gravel roads, subject to conditions outlined within this policy.

1.2 This policy does not apply to a road opening or upgrade that is subject to a development application and is only limited to requests that relate to specific benefits for the applicant. All other requests will be managed through the assessment process in accordance with the Asset Management Plans.

2.0 Policy Statement

2.1 Central Highlands Regional Council recognises that residents living in houses located along unsealed roads in the district may prefer the section of roadway within the immediate vicinity of their houses to be sealed to reduce dust blowing onto their property and particularly their house.

2.2 To enable the service to be provided, Council is committed to ensuring a fair and transparent process in considering requests for dust suppression treatment of unsealed council roads. The sealing of roads under this policy will be at the rate payer’s costs.

2.3 Council manages its road investment decisions through its adopted Asset Management Plan which ensures the projects contribute to the need and benefits of the wider community. Requests of a general nature that provide benefit to the community are prioritised on the basis documented in the Asset Management Plan. Requests for road upgrades such as bitumen sealing for mitigation of dust impacts will be assessed in accordance with this policy.

3.0 Content

3.1 The decision to approve the sealing of a short section of a gravel road for the purpose of dust suppression will be made by Council based on the following factors:

3.1.1 Direct benefit of the applicant and the project is not included in Council’s long-term capital works program.

3.1.2 Applicant is required to fund full cost of the works.

CENTRAL HIGHLANDS REGIONAL COUNCIL POLICY

TITLE: Dust Sealing Request Management Policy

POLICY REF NO:CHRCP0019




Management Policy


Version:

3.1.3 The extent of the works to meet Council’s duty of care will be solely at the discretion of Council.

4.0 Costs

4.1 The voluntary self-funded dust seal cost will include the dust seal as well as formation reconstruction, pavement reconstruction and drainage reconstruction where necessary to the adopted standard in the Capricorn Municipal Design Guidelines (CDMG) or to a standard approved by the General Manager Infrastructure & Utilities. The adopted standard in the CDMG will be in accordance with defined road hierarchy in council’s Asset Management Plan.

4.2 Council will provide a quote for the works prior to commencement.

4.3 Council’s quote will be calculated using all appropriate overhead costs (i.e. on costs) however, Council will not seek a profit from the delivery of the dust seal.

4.4 Council will not make any contribution to the works unless an allocation has been provided for in the current management plans budget allocation for unspecified dust sealing works. Nor will it accept any offer that is conditional on Council making a contribution.

4.5 The priority decisions of Council’s works program will be made without regard to the potential or otherwise of a contribution under this policy.

5.0 Conditions and Obligations

5.1 The voluntary self-funded contributor will not have any authority or exercise any rights over the works by Council during or after construction.

5.2 Payment for cost of the works will be made prior to commencement of works and will be based on the quote provided.

5.3 Prior to Council undertaking the work it will be necessary for the landholder to

sign and execute an agreement prepared by Council confirming the conditions and obligations of this policy.

6.0 Definitions

CEO refers to Chief Executive Officer

Council refers to Central Highlands Regional Council

The Act shall mean the Local Government Act 2009 (as amended)

The Regulation shall mean the Local Government Regulation 2012 (as amended)




Management Policy


Version:

Strategic Link Asset Management PlanLocal Government Act 2009Local Government Regulation 2012Land Act 1994

Category Roads

Lead Business Unit Infrastructure & Utilities

Public Consultation No

Adoption Date Insert Council Adoption Date

Next Review Due Biannually

Document Number Insert ECM Doc Set ID number

Record Keeping Insert appropriate repository where document is captured/ displayed

Related Documents Insert relevant/supporting guidelines and procedures





10 INFORMATION REPORTS

10.1 Corporate Services

10.1.2 Bi-Monthly Workforce Update ..... approx 10mins

INFORMATION REPORT

Date: 30 January 2020 Presentation Duration: Approx. 10 minutes


Author: Juanita Grillmeier, Manager People and Culture

Authorising Officer: Margaret Gatt, General Manager Corporate Services

File Reference: NIL

EXECUTIVE SUMMARY:

This report intends to provide members of the leadership and governance standing committee with key updates pertaining to the workforce metrics, recruitment and learning and development efforts of the People and Culture team as at 30 January 2020. Updates are also included for additional projects of interest which are being undertaken within the People and Culture function.


That Central Highlands Regional Council receive the Workforce Update Report.

REPORT:This report provides a summary of People and Culture actions, metrics and project updates for the reporting period.

RecruitmentRoles filled and employee turnover for the December 2019 and January 2020 period are shown in the below table:

Month Roles Filled – New Employees

Roles Filled - Internal Transfers / Promotions

Exits

December 6 3 3January 19 4 9

The total number of new hires for the period July 2019 – January 2020 was 73, with the number of exits for the same period being 49.



July 2019 August 2019 September 2019 October 2019 November 2019 December 2019 January 2020

-10

-5

0

5

10

15

20

25

Hires Exits Turnover

Hires / Exits / Turnover by Month

Month

Num

ber o

f Pos

ition

s

Recruitment efforts remain focused on reducing the number of open positions across council whilst working to attract increased numbers of quality candidates. A review of current recruitment practices including advertisement wording, templates, imagery and sourcing channels is underway. Additionally, development of an employee benefits scheme is near completion which will be useful from both a retention of current employees’ perspective and will aid the attraction of candidates to council vacancies.

The total number of ‘vacant’ positions across council is currently 57. The recruitment funnel below provides a status update for each of the current vacancies against the various stages of the recruitment process.

*Figures are live as recruitment is yet to be finalised for some of these roles.



Culture and Capability (Previously Learning and Development)

2020 Traineeship IntakeCouncil has welcomed seven new trainees with an official induction being held on 28 January 2020. Funding for one additional trainee position in 2020 remains to be filled.

POSITION LOCATIONWater Operations Trainee Emerald

IT Trainee Emerald

Asset Management Trainee Emerald

Procurement Trainee Emerald

Horticulture Trainee Blackwater

Horticulture Trainee Emerald

Safety Trainee Emerald

VIP Excellence Awards – Quarterly The Reward and Recognition Survey Action Team (SAT) announced the introduction of a quarterly employee awards program in response to feedback received through WOO day 2019. Recipients of the Quarter 4 2019 awards will be announced in early February 2020 and communicated to employees. Nominations are now open for entry into the Quarter 1 (January to March 2020) awards.

Change Management Sessions A third round of staff sessions will commence on 19 February 2020 and are scheduled across all locations through until April 2020. These sessions will aim to provide employees with additional change tools to allow them to become more creative and resilient in times of change.

Tech SavvyTech Savvy round 2 training has been completed with 66 employees participating. The program was a collaborative effort between the learning and development and information technology teams. As part of this round of sessions, the participants were taken through a quick review of topics covered in round one and then progressed through to accessing and navigating the Vine, Outlook and Technology One. Individual employees were also assisted to register for multi-factor authentication (MFA) to maximise security measures and to allow them to access the system from the minute they walked out the door.

We have had very positive feedback from those who attended, with some even heading out to buy themselves a device over the Christmas break! Additional sessions are scheduled for February 2020.

Some statistics from the training below:



Annual Performance Appraisal and Learning & Development PlansDecember 2019 and January 2020 has seen the completion of the annual formal performance appraisal and learning plan development process. The Culture and Capability team continue to follow up with supervisors to finalise any outstanding appraisals or plans.

Completion Statistics Performance Appraisal completion rate: 83% (304 of 367 eligible employees have completed) Learning and Development Plan completion rate: 55% (256 of 468 eligible employees have

completed)Note: 101 employees (21%) of the organisation are not undertaking a performance appraisal (new employees, employees who have been on extended leave during the reporting period etc.).

Workplace RelationsThe People and Culture team completed the third session in January 2020 of Performance Management training for frontline leaders across council. This training was well received by those who attended (11).



Most of the advice or activity within this area has been in relation to attendance management, code of conduct breaches and team interpersonal issues.


Corporate/Operational Plan Reference: 6. Our Organisation; 6.1 - Corporate Plan Strategy: Living our values6.2 - Corporate Plan Strategy: Continuous improvement culture6.2.1 - Continuously advance work practices and business systems to ensure a skilled, motivated and community-focused workforce to drive a coordinated and connected organisation.6.3 - Corporate Plan Strategy: One team approach

Budget/Financial/Resourcing: Possible budget implications will be forecast based into the future based on outcomes of the development of strategic documents in response to key metrics and staff surveys.

Legal/Policy/Delegations:N/A

Communication/Engagement:Continuous communications in relation to key People and Culture projects, including survey results.

Risk Assessment: CHRC’s strategic and operational success is reliant on having the right mix of skilled people in roles across the organisation when needed.

Employee retention and attraction remain the most significant risk within the People and Culture area which will impact on council’s service delivery to the community. As such, the team has prioritised the urgent review of current processes and practices, understanding leading / best practice human resources approaches to retention, employee engagement, attraction and recruitment practices and utilising organisational data (metrics, survey findings and exit interview feedback) to determine how best to mitigate this risk.

The People Strategy, Annual People Plan and other key People and Culture strategic documents currently being reviewed and/or developed, provide the framework for prioritisation of actions within the People and Culture area.

Timings/Deadlines:As per our People Strategy and Annual People Plan.

Alternatives considered:HR continue to be innovative and develop new and improved ways of working. We have developed a refreshed website, implemented improvements to our recruitment process, both internally and externally, and continue to work in collaboration with the communications team on our marketing campaign.

SUMMARY:

The People and Culture team are progressing with improvements to a range of people factors to improve service delivery and support to the organisation. The successful implementation and go-live of the Technology One Payroll module in November 2019, along with the delivery of the Tech Savvy round 2 training to staff across the organisation have been significant milestones for the organisation. This will allow users to have improved access to real-time people data, tasks and team management which will realise efficiency gains and greater data integrity than what has been associated with paper-based options. Continued configuration of the TechnologyOne people-related modules, providing user training and the development of robust reporting through the system will be a focus over the next months.



The Manager People and Culture commenced in January 2020 and is working through a detailed review of people processes across the organisation along with working to map and grow team capability for improved service delivery and outcomes. The focus remains on compliance to the 2019 – 2020 Operational Plan and addressing key factors such as employee attraction and retention.

ATTACHMENTS:

Nil




10.1.3 Governance Update ..... approx 10mins

INFORMATION REPORT


To: Leadership and Governance Committee Meeting

Author: Manager Governance, James Ngoroyemoto

Authorising Officer: General Manager, Corporate Services, Margaret Gatt

File Reference: NIL

EXECUTIVE SUMMARY:

This report provides an update on governance activities over past month, in preparation for the 2020 local government elections. With focus on legal obligations and protocols to be followed during the caretaker period in the lead up to the election.


That the Leadership and Governance Committee receive the February governance update report.

REPORT:

This report provides guidance to councillors and staff on the legal obligations and protocols to be followed during the caretaker period in the lead up to the local government elections. It also provides guidance to councillors and staff to ensure that the ordinary business of council continues to be responsible and transparent the caretaker period.

Local government elections are conducted by the Electoral Commission of Queensland (ECQ). All election related matters (excluding elections signs) should be directed the ECQ on website: www.ecq.qld.gov.au or by telephone on 1300 881 665 or [email protected].

To ensure that Central Highlands Regional Council conducts its business throughout the pre-election period in a responsible, transparent and legally-complaint manner, certain legislated restrictions will apply to councillors and council employees in the period from when nominations are called to when the poll is declared.

Candidates should take particular care in any campaign activity to ensure that there can be no possible perception of use of council-provided resources and/or facilities for the activity that could be perceived as having electoral benefit.

Council reaffirms its commitment during an election period to:• the efficient continuation of council’s day-to-day business• transparent actions and decision-making• actions that do not, or cannot be perceived to, bind an incoming council in its operational delivery• the suspension of major policy decisions• the neutrality of council employees• the continuation of the principle that the use of public funds for electoral purposes is unacceptable.

Commencement/Conclusion of Caretaker Period

Caretaker period commences on the day when a public notice advising of the holding of the election is published by the ECQ and the period concludes when the ECQ declares the poll.

http://www.ecq.qld.gov.au/

mailto:[email protected]



The CEO, or a delegate, will advise all councillors and staff of the commencement and conclusion of the caretaker period in each election year.

The mayor and councillors are to acknowledge and be cognisant of their obligations in the lead up to the caretaker period, in particular, when they public announcements of their intention to contest the election prior to the caretaker period commencing.

Major Policy DecisionsIn accordance with Part 5 of the Local Government Act 2009, council must not make a major policy decision during the caretaker period. A major policy decision is a decision defined in the Local Government Act 2009 as follows:

a) About the appointment of a chief executive officer.b) About the remuneration of the chief executive officer.c) To terminate the employment of the chief executive officer.d) To enter into a contract greater than $200,000 or one per cent of the local government's net rate

and utility charges as stated in the local governments audited financial statements included in the local government's most recently adopted annual report, whichever is the greater. For the 2020 election year, this amount is $850,000.

e) Significant procurement activities such as establishing preferred supplier arrangements.f) Make, amend or repeal a local law.g) Make, amend or repeal a local planning instrument under the Planning Act (planning schemes).h) Varying existing development approvals.

Councils should prepare for the caretaker period by planning to make any major policy decision before or after the election period.

However, it is understood that unforeseeable events can result in a council having to make major policy decisions during the caretaker period. Accordingly, in exceptional circumstances, councils can apply to the minister for approval in the following circumstances. If the:

• need for the decision was unforeseeable• decision is essential to the functioning of the local government• decision cannot wait until the end of the caretaker period• decision is in the public interest.

Invalidity of Major Policy Decision in Caretaker Period without ApprovalA major policy decision made by council during a caretaker period is invalid if council does not have theminister’s approval to make the decision. A contract is void if it is the subject of a major policy decision that is invalid.

A person who acts in good faith in relation to a major policy decision of council, or in relation to a contract that is the subject of a major policy decision, but who suffers loss or damage because of any invalidity of the decision or because the contract is void, has a right to be compensated by council for the loss or damage. The person may bring a proceeding to recover the compensation in a court of competent jurisdiction.

Election MaterialIn accordance with Part 5 of the Local Government Act 2009, council must not, during the caretaker period publish or distribute election material.

It is important to note that any material “that is intended, calculated or likely to affect voting in an election” is considered as Election material. Irrespective of who is publishing the material and whether it is in printed or electronic form. This includes any advertising on the Internet (eg. banner ads). A website or Facebook site created for electioneering purposes.

Fact sheets or newsletters that raise the profile of a councillor added as an example of prohibited material during the caretaker period.



Council MeetingsThe Local Government Act 2009 requires council to meet at least once a month.

Council business will continue to be conducted at council meetings as normal during the caretaker period subject to the restrictions involving major policy decisions mentioned above.

Ordinary BusinessThe following will either cease or be closely monitored to ensure transparency and perceptions of using council resources for electioneering managed:

• Civic and community events.• Discretionary funding allocations.• Corporate communication (including media relations and publications).

Any event or function during the election period shall relate only to legitimate council business and shall not be used, or be capable of being construed as being used, in connection with any election activity. Any spokespersons, including councillors and council employees, must not use the event to undertake any election activities, whether actual or perceived.

Councillor support, facilities and expenses reimbursementThe mayor and councillors are still expected to undertake their duties as elected representatives during the caretaker period, excepting provisions noted above. Therefore, it is recognised that as the incumbentelected council, the mayor and councillors may continue to correspond with constituents on matters relating to council business, and have access to administrative support, facilities and expenses reimbursement to the mayor and councillors in accordance with the expenses reimbursement policy.

This includes continued, business as usual, access to vehicle usage, IT devices, mobile phones, photocopiers, requests for information from staff, etc in their role as mayor or councillor and related activities. The mayor and councillors must be cognisant of the purpose of utilising these facilities/resources and ensure there is no unintended overflow into potential perceived or real electioneering and/or where there may be a perceived or real conflict. In these cases, it is recommended that they not be utilised.

Any activities that related to electioneering or candidate activities, the mayor and councillors must use of personal/private resources, including contact information.

Any requests or activities that are or could be perceived to be electioneering will not be supported. Councillors will ensure that there is a clear separation between council business and electioneering when seeking help, advice or support from council staff. Staff are encouraged to escalate any concerns they may have in dealing with a councillor request that they perceive may be electioneering to their manager or general manager.

Upon the declaration of polls, where a councillor has not been successfully returned to council, thecouncillor must return all council provided items, including access readers and so forth.

Employees Seeking Election to CouncilIf a council employee is intending to be a candidate for a council election, they must advise their manager and general manager as soon as possible.

Arrangements will then be made to develop an election management plan (EMP) in conjunction with the employee’s supervisor, manager and manager governance to ensure that council’s reputation and integrity is protected during the employee’s campaign.

The EMP may require the employee having to change work location, take extended leave and other steps deemed necessary to protect council's reputation.

Responding to Councillor and Candidate requestsCouncil staff are expected to take all steps necessary to avoid any real or perceived bias in dealing with customer service responses from councillors and candidates alike. If the query is in the normal course ofbusiness, respond as business as usual. Reference is made to the acceptable request guidelines.



Council recognises that all election candidates have certain rights to information from council subject to the Information Privacy Act 2009, which may prevent the disclosure of certain information. Requests for information by candidates during the caretaker period will be dealt with as per the process for a member of the public. The process for requesting and providing information will remain the same.

However, if in doubt, escalate the query to the manager, general manager or manager governance. Candidates do not have automatic access to the information or business of council.

Electoral SignageCandidates are required to comply with electoral signage protocols (election sign policy) in the lead up to an election. These conditions, including applicable size, placement and approval requirements, arestipulated in council’s Electoral Signage Fact Sheet or, for state-controlled road corridors - the Department of Transport and Main Roads’ Election Signage Fact Sheet. Council employees are authorised to removeand dispose of electoral signage erected in contravention of signage protocols

ComplianceFailure to comply with any policies, guidelines, and procedures referred to or relevant to this period, may constitute inappropriate conduct, misconduct, or corrupt conduct and shall be dealt with asfollows:

• corrupt conduct shall be referred to the Crime and Corruption Commission• breaches by employees shall be managed under the code of conduct• breaches by councillors shall be managed under the conduct and performance obligations of the

Local Government Act 2009.

Civic and community events Representation of council at civic and community events may continue during a caretaker period, provided the event meets one or more of the following criteria:

It is, or plans to be, routinely held at the same time of year. It is a commemorative or anniversary event held on or near the anniversary date. It demonstrates a clear community benefit or serves an educational or welfare purpose. It contributes to cultural development, social awareness or sense of community identity. It is an event to be attended by or on behalf of the mayor in fulfilling his or her statutory

responsibilities for ceremonial and civic functions, including but not limited to, civic receptions, courtesy calls, hosting special guests to the region.

It is an event by invitation from an external organisation, community group or agency for the elected member to attend in his or her capacity as a member of council.

Community programs and engagement Surveys, blogs, invitations to put forward submissions, and other community engagement activities should be avoided during the caretaker period. However, community engagement may continue if it is part of an ongoing project that requires the engagement as part of approved programs. Where community engagement has occurred before the caretaker period, but the report has not yet proceeded to council, results of the consultation will not be provided to council until the caretaker period has concluded. Brand Media and Communications Media releases and council news articles prepared by council during the caretaker period must be of public interest, relate to day-to-day council business and must not be reasonably construed as being for political purposes. In a media release or news article, quotes will be attributed to a council officer or spokesperson. During the caretaker period, council will respond to media enquiries that relate to operational matters only. Media events may continue to be held during a caretaker period provided the media event relates to core council business or an ongoing project and is not used for political purposes. If the mayor and/or a councillor is at a media event and is asked a political question, the mayor and/or a councillor shall respond in their capacity as a candidate. Speechwriting and speech notes will not be provided to any councillor during the caretaker period unless it falls within civic and community events. Any general requests for information will be directed to the chief executive officer.



Council will retain material placed on the website prior to the commencement of the caretaker period. Updates of council’s corporate website will be limited to the following:

• Uploading of essential operational media releases, restricted to administrative or operational information of public interest and of a time-sensitive nature.

• Road work updates or road closures.• Health or emergency warnings. • Material that is purely factual and does not promote council’s decisions. • Updates to existing forms.• Aesthetic changes. • Fixing broken links or repairing web issues. • Compliance with legislative requirements.

Social Media Council’s social media channels will continue to provide regular communication with residents, including event information, program initiatives and general day-to-day council business that is of public interest during the caretaker period. A notice will be posted on council’s corporate Facebook page before commencement of the caretaker period outlining that council will not respond to political comments made, or posted during the caretaker period, whether from members of the public or councillors. Any comments that contravene this protocol will be removed. However, council may respond to comments if council deems them to be defamatory in nature. Councillors will not be provided with any staff assistance with social media channels during caretaker period. Independent Council Election Observer (ICEO) The ICEO aims to promote truth and accuracy in campaigning in the lead up to the 2020 elections so the voting public can be more confident they have not been misled by fake news and false information before casting their vote. All candidates can submit requests to the ICEO to review false and misleading claims by candidates, which includes public statements, social media and website posts. Findings will be published on the ICEO website. Any request submitted which is about conduct of current councillors will be forwarded to the Office of the Independent Assessor for consideration. More information can be found at www.iceo.net.au

Returning Officer (RO)

The ECQ is the independent authority set up to ensure impartial and democratic elections in Queensland, including local government elections. The ECQ appoints a returning officer for each local government area who is responsible for the conduct of the election for that area, from taking candidate nominations to counting the votes and formally declaring the successful candidates. The role of a RO is to manage the conduct of the election in accordance with the legislative provisions of the Local Government Act, 2009 and Local Government Electoral Act.

The RO is responsible for the following:• review of election arrangements and budget/staffing allocations• declaration of nominations and the draw for positions of names of candidates on ballot papers• conduct training sessions for polling officials• management of all scrutiny procedures including the recheck, declaration vote counts and the final

distribution of preferences• completion of election returns• declaration of the poll.

ROs actions and decisions are under scrutiny and can be subject to review and a RO must maintain a position of strict impartiality and must not be a member of a political party or have any political affiliation.

http://www.iceo.net.au/



Rachael Cruwys has been appointed the returning officer for the Central Highlands Regional Council for the local government elections in March 2020. The elections are run by the ECQ on behalf of council.

In addition, the governance team has been working with the Office of the CEO and councillors to support office to develop the 2020 elected members induction program.


Corporate/Operational Plan Reference:5. Leadership and Governance 5.3.1 Maintain high standard of corporate governance

Budget/Financial/Resourcing: All associated budget costs are covered in the 2019-2020 adopted budget.

Legal/Policy/Delegations:The Local Government Act, 2009Local Government Electoral Act, 2011

Communication/Engagement:Nil

Risk Assessment: It is essential for council to inform the community, councillors and staff on election protocols, in order to keep all stakeholders abreast of the legislative requirements and legal obligations. There is a low risk of non-compliance with the caretaker provisions in accordance with the Local Government Act, 2009 and Local Government Electoral Act, 2011.

Timings/Deadlines:March 2020 elections

Alternatives considered:Nil

SUMMARY:

The governance update report focusses on the preparation activities being undertaken in relation to the local government elections to be held in March 2020, in particular, the caretaker provisions and elected member’s induction package.

ATTACHMENTS:

1. caretaker period factsheet [10.1.3.1 - 2 pages]


Department of Local Government, Racing and Multicultural Affairs

dlgrma.qld.gov.au/candidates

Caretaker period for local government elections

Timing

Legislation places limits during the caretaker period before quadrennial local government elections on publishing election material and making major policy decisions. This ensures that there are no significant policy decisions made near the end of a council term that bind future elected councils.

Local government reforms in 2019 have also introduced new limitations to improve accountability and ensure that council resources are not used (or perceived to be used) to promote current councillors standing for re-election.

▸ to enter into a contract greater than $200,000 or 1% (whichever is greater) of the local government’s net rate and utility charges (as stated in the local government’s audited financial statements included in the local government’s most recently adopted annual report)

▸ significant procurement activities, such as establishing preferred supplier arrangements, or establishing exceptions to obtaining quotes or tenders when entering into a contract

▸ to make, amend or repeal local laws

▸ to make, amend or repeal a local planning instrument under the Planning Act 2016 (i.e. a planning scheme, a temporary local planning instrument or a planning scheme policy).

A prohibited policy decision made during a caretaker period will be invalid, unless the Minister’s approval has been given prior to making the decision (see below). A person who suffers loss or damage because of the invalidity of a major policy decision during the caretaker period has a right to be compensated by the local government for the loss or damage.

The caretaker period starts on the day when the Electoral Commission of Queensland publishes the public notice about holding the election (normally some time in February). The ECQ will also advise when the election has ended for each local government.

Caretaker periods do not apply to by-elections.

Election material

Major policy decisions

During the caretaker period, a local government or controlled entity must not publish or distribute election material. Election material is anything that could influence an elector about their vote or affect the election result. For example, fact sheets or newsletters that raise the profile of a councillor are prohibited during the caretaker period.

During the caretaker period, councillors are prohibited from making decisions:

▸ about the appointment, remuneration or termination of a chief executive officer

Planning instruments and approvals

During the caretaker period, councils cannot make, amend or repeal local planning instruments.

Councils cannot approve development variation requests or change variation approvals that involve:

▸ varying the category of development or category of assessment of consequential development

▸ varying the assessment benchmarks or criteria for accepted development that would apply to consequential development

▸ facilitating development that would result in a greater demand on infrastructure than the demand anticipated in the council’s infrastructure plan.

The amended DA Rules, summary of changes and accompanying guidance material are now available on the Department of State Development, Manufacturing, Infrastructure and Planning website at www.planning.dsdmip.qld.gov.au.



Discretionary funds

Leave for candidates and councillorsMinisterial approval for decisions in exceptional circumstances

More information

Councillors cannot make any new decisions to allocate money from a councillor discretionary fund after 1 January in the year of a quadrennial local government election. However, discretionary funds that were allocated before 1 January in accordance with legislative requirements may be distributed during the caretaker period.

Local government employees may take paid leave (e.g. accrued annual leave) or unpaid leave for up to eight weeks to contest a local government election.

There is no legal requirement under the Local Government Electoral Act 2011 for either local government employees or elected councillors to take leave during the caretaker period. However, individual councils may have election period policies covering election leave.

Caretaker provisions are outlined in Chapter 3, Part 5 of both the Local Government Act 2009 and the City of Brisbane Act 2010. For more information about the caretaker period or your council’s circumstances contact your nearest regional office of the Department of Local Government, Racing and Multicultural Affairs.

Southern office:Phone: (07) 3452 6762Email: [email protected]

Northern office:Phone: (07) 4758 3472Email: [email protected]

For further information about major policy decisions related to the Planning Act 2016, contact the Department of State Development, Manufacturing, Infrastructure and Planning by email to [email protected] or phone 3452 7662.

For information about local government elections, contact the Electoral Commission of Queensland by email to [email protected] or phone 1300 881 665.

Local governments should prepare for the caretaker period by planning to make major policy decisions before or after the election period.

However, unforeseeable events can result in a local government having to make major policy decisions during the caretaker period. In exceptional circumstances local governments can apply to the Minister for approval if:

▸ the need for the decision was unforeseeable

▸ the decision is essential to the functioning of the local government

▸ the decision cannot wait until the end of the caretaker period

▸ the decision is in the public interest.

The Minister will decide on a case-by-case basis whether the decision meets the exceptional circumstances requirement of the Local Government Act 2009 or the City of Brisbane Act 2010. To enable this to happen, all applications should be addressed to the Regional Director (Northern Region) or Regional Director (Southern Region) of the Department of Local Government, Racing and Multicultural Affairs.

Each application should include:

▸ details of the proposed major policy decision

▸ an explanation of why the decision was unforeseeable

▸ an explanation of why the decision cannot wait until the end of the caretaker period

▸ an explanation of how the decision is in the public interest.





11 GENERAL BUSINESS

12 CLOSURE OF MEETING

20200211 - Leadership and Governance Standing Committee …€¦ · The Budget Policy (the policy)...

Documents

Transcript of 20200211 - Leadership and Governance Standing Committee …€¦ · The Budget Policy (the policy)...