Annual Report 2010/2011 - Tweed Shire Signage has been erected at all Tweed parks, sports fields and...

Annual Report2010 / 2011

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Table of Contents

Contents i

EXECUTIVE SUMMARY ............................................................................................................................................ 1

AWARDS ...................................................................................................................................................................... 3

HIGHLIGHTS OF 2010/11 .......................................................................................................................................... 4

FINANCIAL STATEMENTS...................................................................................................................................... 12

STATE OF THE ENVIRONMENT REPORT ........................................................................................................... 12

JUNE 2004 MINISTERIAL APPROVED RATE VARIATION YEAR 7 REPORT ................................................. 12

JUNE 2006 MINISTERIAL APPROVED RATE VARIATION YEAR 5 REPORT ................................................. 13

SUMMARY OF LEGAL PROCEEDINGS ................................................................................................................ 15

COUNCILLOR FEES AND EXPENSES .................................................................................................................. 18

SENIOR STAFF REMUNERATION ......................................................................................................................... 20

DETAILS OF CONTRACTS AWARDED BY COUNCIL ........................................................................................ 21

ACCESS AND EQUITY ACTIVITIES ....................................................................................................................... 22

SUMMARY OF WORKS CARRIED OUT ON PRIVATE LANDS .......................................................................... 29

FINANCIAL ASSISTANCE CONTRIBUTIONS TO THE COMMUNITY ............................................................... 30

EXTERNAL BODIES DELEGATED FUNCTIONS BY TWEED SHIRE COUNCIL ............................................. 31

DETAILS OF OVERSEAS TRAVEL ........................................................................................................................ 31

STATEMENT OF COMPANIES WHICH COUNCIL HELD A CONTROLLING INTEREST ............................... 31

BUSH FIRE HAZARD REDUCTION ACTIVITIES .................................................................................................. 31

WRITTEN-OFF RATES AND CHARGES ............................................................................................................... 32

ANNUAL LEVY FOR STORMWATER MANAGEMENT SERVICES ................................................................... 32

PLANNING AGREEMENTS ..................................................................................................................................... 32

STATEMENT OF PARTNERSHIPS, COOPERATIVES OR OTHER JOINT VENTURES ................................. 33

HUMAN RESOURCES PLAN .................................................................................................................................. 34

EQUAL EMPLOYMENT OPPORTUNITY ............................................................................................................... 35

2010/2011 COMPANION ANIMALS ACT AND REGULATIONS ......................................................................... 37

CATEGORY 1 AND 2 BUSINESS ACTIVITIES ..................................................................................................... 38

NEUTRALITY PRICING REQUIREMENTS OF CATEGORY 1 BUSINESS ACTIVITIES .................................. 38

PERFORMANCE COMPARISON OF CATEGORY 1 BUSINESS ACTIVITIES.................................................. 38

COMPETITIVE NEUTRALITY PRINCIPLES .......................................................................................................... 39

MECHANISM FOR COMPETITIVE NEUTRALITY COMPLAINTS ...................................................................... 39

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT (NSW) .......................................................... 39

STATEMENT OF AFFAIRS FREEDOM OF INFORMATION ACT 1989 (NSW) ................................................. 40

GOVERNMENT INFORMATION (PUBLIC ACCESS) REGULATION 2009 ........................................................ 41

APPENDIX ................................................................................................................................................................. 46

Annual Report 2010/2011

Page 1

Executive Summary

2010/11 was a year of considerable achievement, some major challenges and some prestigious accolades for Council, as the Tweed community continues to grow and forge ahead.

Council made a number of steps forward to deal with the Tweed‟s steadily increasing population, as many more people choose to make our beautiful district their home.

Council officially opened the world-class, award-winning water treatment plant at Bray Park, to provide premium-quality drinking water to the Tweed‟s growing number of households.

Council further enhanced the Tweed‟s road network, including a major upgrade to Piggabeen Road.

Council established a new recycling processing plant at Chinderah to help create a more sustainable community – to better process recyclable materials and stop this material going to landfill.

The organisation worked closely with major developers to plan subdivisions which accommodate new residents while minimising the impact on the existing community and the environment.

In late 2010, Council also worked with the community to create the 2011/2021 Community Strategic Plan. It launched an extensive community engagement campaign inviting individuals and organisations to share their vision for the Tweed. The community response was unprecedented, with hundreds of people submitting their objectives and priorities.

This feedback helped create the final Tweed Community Strategic Plan 2011/2021, the strategic document in a new integrated planning and reporting framework which sets a roadmap for all of Council‟s activities for the coming decade.

That engagement campaign was a flagship for a heightened level of public consultation by Council, guided by its adoption of a Community Engagement Strategy in September 2010.

Council also launched a number of initiatives to boost its customer service, particularly its creation of a Contact Centre. Customer Service offices in Murwillumbah and Tweed Heads will provide a „one stop shop‟ for ratepayers and residents, to ensure they receive efficient and accurate service.

New technology has been embraced to give residents more ways to access Council information and have their say. A new Smartphone service means people can get Council information and updates anywhere and anytime, and Council now uses a dedicated community engagement website with online methods to encourage public input.


Page 2

Executive Summary

Council completed Stage 1 of a major refurbishment of Jack Evans Boat Harbour, further entrenching the Tweed Heads destination as a centrepiece of the Tweed.

Meanwhile, Council was battling to protect another popular destination for Tweed residents and visitors, as erosion removed massive sections of Kingscliff Beach and threatened community facilities. It implemented several

short-term remedies to prevent further damage and have now embarked on larger long-term strategies to restore this treasured section of coastline.

There have been many more achievements and several of them are featured in this report.

All of these achievements culminated in Council winning this year‟s AR Bluett Award - the most prestigious prize in NSW local government. The award recognises the councils that “made the greatest relative progress” during the preceding financial year.

Tweed Shire Council won the section for councils in the NSW Shires Association, while the other section, for the NSW Local Government Association, went to Sydney‟s Willoughby City Council.

Peer recognition is the ultimate accolade and this award is fantastic news for the organisation, recognising the tremendous work Council staff are doing for the community.

The AR Bluett award meant Council won three of the most prestigious prizes in NSW local government for 2010/11, after Council also claimed two RH Dougherty Awards for excellence in communication.

These awards capped a year with a lot to celebrate for Council and the community.


Page 3

Local Government Landcare Partnership Award (State) Awarded by: Landcare in September 2011

RH Dougherty Award Excellence in Communication and Outstanding Individual Achievement (State) Awarded by: Local Government Shires Association NSW in August 2011

Best Publication Award - Tweed Link (National) Awarded by: Government Communications Australia in April 2011

Local Government Landcare Partnership Award (Regional) Awarded by: Northern Rivers Landcare and Northern Rivers Catchment Management Authority in April 2011

Food Surveillance Champion Award - Mr Mark Longbottom (State) Awarded by: NSW Food Authority in December 2010

Excellence in the Environment Awards - Highly Commended - Division C Natural Environment Protection and Enhancement Awarded by: Local Government Shires Association NSW in November 2011

Commendation for Planning Excellence in Urban Planning: Pottsville Locality Based Development Control Plan (State) Awarded by: Planning Institute of Australia November 2011

Engineering Excellence Awards - Bray Park Water Treatment Plant and GHD Award for Innovation in Sustainable Engineering Excellence (State) Awarded by: Newcastle Division of Engineers Australia in September 2010

RH Dougherty Award - Reporting to your Community - Tweed Link (State) Awarded by: Local Government Shires Association NSW in August 2010

Awards


Page 4

Community Strategic Plan, Delivery Program and Operational Plan

The Community Strategic Plan 2011/2021 is the 10-year vision for the Tweed. It is the first phase of implementing the NSW Integrated Planning and Reporting Framework.

It was adopted in December 2010 and followed by the four-year Delivery Program and annual Operational Plan which were adopted in June 2011.

A comprehensive campaign 'My Vision, Your Vision, Our Vision', guided by Council‟s new Community Engagement Strategy, attracted a huge level of public input for the 10-year Tweed Community Strategic Plan.

The campaign was awarded the 2011 RH Dougherty Awards for Excellence in Communication.

Council used a number of engagement methods, including an online forum, a television commercial produced in-house, audio versions of key documents and podcasts screened in Tweed clubs.

They were complemented by a series of community information

stalls and roundtables, a 24/7 phone submission service, school and skate park visits, a random phone survey and online survey, an Aboriginal community workshop and a special issue of Council‟s weekly newspaper, the Tweed Link.

Almost 250 comments were lodged on the online forum, 71 written submissions were received, hundreds completed the community survey and more than 350 people attended the information stalls and roundtables.

Some highlights of 2010/11


Page 5

Council Customer Service

Customer service at Tweed Shire Council took a major step forward through the creation of a full-service Customer Contact Centre in Murwillumbah and a branch office at Tweed Heads. The Contact Centre was officially opened as part of 2011 Local Government Week celebrations.

The contact centre streamlines Council‟s customer interactions to provide a „one stop shop‟ for a wide range of customer interactions, including telephone, face-to-face and electronic communications.

Council previously had two switchboards, three different customer counters at Murwillumbah and a single-counter branch office at

Tweed Heads. It meant some customers had to go between three counters, dealing with up to four staff for one transaction and filling out a variety of paperwork.

The creation of a call centre to provide a first point of contact for incoming calls was accompanied by a number of physical changes to the service counters at Murwillumbah and Tweed Heads. They included the introduction of digital marketing screens at both offices, better seating and dedicated customer booths with computer and phone access to assist with detailed and technical queries.

The service areas were also upgraded with dedicated areas for community notice boards and promotion of programs and services, improved access and display of brochures and publications, free access to Council‟s website at internet-only computers and repainting incorporating Council‟s corporate colours and graphics.

SMS and Smartphone Application

A smarter way of accessing Tweed Shire Council information was launched for anyone with a mobile enabled device. The solution heralds a new era of accessing council information and services and provides greater access to a range of information.

The free application delivers a range of Council information in an easy-to-read format, including general information such as opening hours and contact numbers, development application tracking and property searches, upcoming events, tender information, access to the Richmond-Tweed Library catalogue, access to the Community Directory, as well as alerts for sportsground and road closures.

Council launched the smart phone service in August 2010, following the success of its SMS bounce-back service which provides an immediate notification via text message.

Signage has been erected at all Tweed parks, sports fields and beaches that are part of the service.

To access the Tweed Shire Council mobile app from your mobile enabled device simply visit m.tweed.nsw.gov.au in your browser and add to your home screen.


Page 6

Bray Park Water Treatment Plant

In 2010/2011 Tweed Shire Council delivered the largest infrastructure project ever undertaken by Council - the $76 million Bray Park Water Treatment Plant, featuring state-of-the-art ultrafiltration technology.

The official opening was held on 22 June 2010, however ongoing commissioning and contract finalisation and decommissioning of old plant continued through 2010/11 financial year.

The upgrade utilised innovative project management and construction methods to increase the plant‟s capacity to 100 megalitres per day, in response to sustained population growth in Tweed Shire, the challenges of an unprotected catchment and increasing requirements for improved quality for drinking water.

Most of Tweed‟s water supply is processed at the new Bray Park complex, which employs a unique delivery solution, innovation in construction development and management procedures, sensitivity to the environment and caring for the community.

It achieved:

• Water quality that exceeds the Australian Drinking Water Guidelines.

• A water treatment plant at the forefront of technology with its unique and innovative design, incorporating twin membrane cassette configuration and energy saving siphon flow control.

• Optimum water quality to the existing 74,000 residents it services but ongoing supply and quality to the Tweed‟s projected population of 120,000 by the year 2020.

• A facility that future-proofs the community against water quality standards that might become more stringent in the future.

• A project that ran to schedule, managed risk to low levels, met budget and achieved all of its deliverables.

In September 2010, the Bray Park Water Treatment Plant project won two major awards for engineering excellence from the Newcastle Division of Engineers Australia, the peak professional body for engineers in Australia. The project won one of four prestigious Excellence Awards, as well as the GHD Award for Innovation in Sustainable Engineering Excellence.


Page 7

Park and Sporting Upgrades

Several parks in the Tweed were upgraded as part of Tweed Shire Council‟s park renewal program, to ensure equipment complies with today‟s standards and community expectations.

Old Fingal Head Boat Harbour was the latest in a series of parks to be refurbished along the coast, as the program targets facilities which are popular among Tweed residents and visitors.

The Fingal Head upgrade enhanced community access, with new barbecues, shaded seating and play equipment, and capitalised on the harbour‟s beautiful views up and down the Tweed River.

Ambrose Brown Park at Pottsville, Jack Bayliss Park at north Kingscliff, Quota Park at Tweed Heads West and Sweetnam Park at Uki have also been refurbished as part of the program.

The parks at Fingal Head, Ambrose Brown and Jack Bayliss received funding through the Australian Government, which supplemented Tweed Shire Council funds.

Community comment was recently sought on plans to upgrade the iconic park next to Cudgera Creek at Hastings Point, as a future stage of the park renewal program.

In addition, Council refurbished netball courts at Arkinstall Park in Tweed Heads South and completed a major streetscape facelift for Cabarita Beach.

Road, drainage and cycle infrastructure

Road users in the Tweed benefited from a program of road and drainage upgrades in 2010/11.

Council completed projects at Piggabeen, South Murwillumbah, Mount Burrell, Bilambil, Terragon, Hastings Point, Burringbar, Pumpenbil and North Arm.

This included the replacement of the timber O‟Brien‟s Bridge at Mount Burrell with an environmentally-sensitive concrete structure.

A black spot for cyclists was remedied by the completion of the Bray Park Cycleway, which included widening a steep road cutting.

A rock pinned retaining wall, with „shotcrete‟ facing, was constructed at the cutting to accommodate the cycleway connection between Murwillumbah and West Murwillumbah.


Page 8

Jack Evans Boat Harbour Revitalisation Project

Stage 1 of the Jack Evans Boat Harbour upgrade was completed, rejuvenating the recreational and aquatic playground at Tweed Heads.

Tweed Shire Council‟s $8 million Jack Evans Boat Harbour revitalisation project created a vibrant recreational and tourism centrepiece for Tweed Heads, providing a fitting gateway to the Tweed and New South Wales.

Construction was completed throughout 2010/11 and was officially opened as part of Local Government Week celebrations on 24 July 2011.

The parklands now feature extensive boardwalks, modern park furniture and landscaping, with plenty of green space for picnics and passive recreation. Energy-efficient lighting around the harbour provides a spectacular night-time display, improves pedestrian safety and discourages vandalism.

New facilities include a structured and enlarged swimming area on the northern side of the harbour, providing a safe area for swimming and recreation. It features an „all abilities‟ access ramp to the water and rock pools at all tidal levels.

Stage 1 also include a rejuvenation of the harbour‟s other beaches, harbour revetment and improved filtration of stormwater entering the harbour. It also incorporated the first stage of the Goorimahbah – Place of Stories Aboriginal botanic and artwork gardens.

The upgrade design was the subject of extensive consultation over a number of years and was developed to reflect feedback from consultation on the Jack Evans Boat Harbour Concept Plan in 2006.

The Australian Government provided $1.8 million for Stage 1, supplemented by $230,000 from the NSW Department of Planning. All remaining works in the $8 million project were funded by Tweed Shire Council and developer contributions.

Stage 2 of the redevelopment is the proposed Goorimahbah - Place of Stories cultural gardens and event space, featuring additional artwork story walls and other sculptural artworks, and the development of an Indigenous botanic collection. Goorimahbah will showcase the region‟s rich local Aboriginal heritage.

A cafe/kiosk is also planned for Stage 2, as well as the creation of a new entrance promenade from Boundary Street.

About Jack Evans Boat Harbour:

The site has rich Aboriginal, European and maritime histories.

The harbour is named after the legendary surf life saving identity Jack Evans, who established the now demolished Snapper Rocks baths and the Jack Evans Porpoise Pool, which is also no longer standing.

Iconic locations within easy walking distance of the harbour include the surfers‟ meccas of Duranbah Beach and, over the border, Coolangatta, Greenmount, Rainbow Bay and Kirra.

Jack Evans Boat Harbour is a remnant of the Tweed River Back Channel which, along with Greenbank Island, was reclaimed in the 1960s.


Page 9

Tenders for Economic Development and Tourism Promotion

Tweed Shire Council became one of the first local governments in NSW to contract the provision of economic development and tourism promotion through an open tender process.

The process resulted in the creation of a new peak body for both economic and tourism development, Destination Tweed, which was launched in November 2010.

Its combination of marketing elements for business and tourism under the one umbrella organisation, was integral to winning the tender.

Destination Tweed was derived from Tweed Tourism, which was previously contracted as the shire‟s tourism promotions organisation.

Tweed Community - statistics and forecasting now available

A new population statistics and projections service was launched on Council’s website during 2010/2011, enabling community members to look at resident numbers, profiles and predicted changes.

Community Profile, Community Atlas and Economic Profile which were released on Council‟s website in December 2010, using comprehensive figures prepared for Council by ID Consulting.

They provide visitors to Council‟s website, www.tweed.nsw.gov.au, with easy access to population and demographic statistics such as resident numbers in each part of the Tweed, income levels, types of housing, employment, household sizes and population movements into and out of the shire.

While Council can use the forecasts to make strategic decisions to plan for the next 20 years, residents can access the same information when and where it suits them.

NSW Surf Lifesaving Championships 2011

More than 20,000 surf lifesaving competitors and spectators hit the beach at Kingscliff when the Tweed hosted the NSW championships in March 2011.

Council supported Cudgen Headland Surf Lifesaving Club to stage the 2011 State titles, which attracted more than 5700 competitors and around 15,000 spectators.

The Cudgen club won the right to stage the event for two years, with the State‟s best competitors returning to Kingscliff in 2012.

Council provided support for a number of leading events in the Tweed in 2010/11, including the

inaugural Cooly Rocks On, the Tyalgum Festival of Classical Music, Murwillumbah Show, the Unity Festival, the Tweed Valley Banana Festival and World Environment Day.

http://www.tweed.nsw.gov.au/


Page 10

Tweed Solar Community Program

Hundreds of Tweed households and businesses had solar power installed through a program conducted by Council in 2010/11.

The Tweed Shire Solar Community Program, an alliance between Council and a leading installer of solar power in NSW, made it simple for Tweed property owners to have solar power installed on their home or business premises.

Council and NSW-based company Aussie Solar worked together to provide solar power to 400 properties, as well as a number of Council-owned buildings.

Government rebates and the program‟s coordinated approach to sign up a large number of properties made solar power more affordable for participants. Tweed

property owners could pay as little as $1430 to purchase and install a 1.5 kilowatt solar power system, which was capable of generating up to $1400 worth of electricity a year though the NSW Government‟s gross feed-in tariff.

The program reached its quota of 400 participants, signing up residents and businesses before the Government reduced its tariff. While the State Government later scrapped the tariff completely, it honoured the original tariff for participants who had already signed up for the scheme.

Aussie Solar also provided solar power for a number of Council-owned, community-managed facilities, by donating a two-kilowatt system to a Council-nominated facility for every 20 systems installed through the Tweed Shire Solar Community Program.

Plastic Bag Free Villages

Several Tweed villages went ‘plastic bag free’ during 2010/11, with assistance from Council.

Businesses in Tumbulgum, Stokers Siding and Crabbes Creek gave a commitment to eliminating single-use plastic check-out bags, which are a significant environmental threat.

Council‟s assistance included supplying the businesses with their first batch of reusable shopping bags, which are sold in-store to cover the cost of the next order of bags. The initial cost of purchasing an alternative to single-use plastic check-out bags is a major hurdle to going plastic bag-free.

Tweed Shire has been a leader in „banning‟ the bag. Chillingham was the first community in NSW to go plastic bag-free and, since 2010/11, the villages of Burringbar, Uki, Mooball and Tyalgum have moved towards banning plastic bags.

Kangaroo Valley, south-west of Sydney, was the only other officially declared plastic bag-free village in NSW by the end of 2010/11. The Tweed‟s village-by-village approach was developed in response to a Council decision in October 2009 to investigate options for plastic bag reduction in the shire.


Page 11

Chinderah Material Recovery Facility

Recycling in the Tweed was boosted by the opening of a new materials recovery facility at Chinderah in March 2011.

The Northern Rivers Materials Recovery Facility (MRF) significantly increased the speed and efficiency of Council‟s processing of recyclables, ensuring less material went to landfill.

It replaced the MRF at Council‟s Stotts Creek Resource Recovery Centre, which struggled to keep pace with the amount of recyclable material generated in the Tweed and needed extensive upgrading.

The new system has a processing capacity three times greater than the MRF it replaced. In addition, new features such as an optical sorter have refined the sorting processes to ensure only around five per cent of waste goes to landfill. The advanced technology, coupled with the Council's recently introduced multi-bin system, enabled the new MRF to recover 95 per cent of recyclables.

That compares to around 70 per cent with the Stotts Creek facility, with 30 per cent of materials going to landfill.

The Chinderah facility‟s opening coincided with a renewed community education campaign to further boost the level of materials going to recycling.

Tweed residents were praised for their efforts since Council introduced a multi-bin system in late 2009, providing a red-lidded bin for general waste, a yellow-lidded bin for recycling and an optional green-lidded bin for garden prunings.

Contamination rates in recycling materials had dropped from 12 to 15 per cent to about four per cent since the multi-bin system was introduced.

Kingscliff Erosion

Heavy erosion along Kingscliff Beach throughout 2010/11 presented Council with a massive challenge to protect Council and community facilities and the beach itself.

A substantial program of sand-bagging, dredging and other measures was needed to curb the effects of an erosion cell which began carving away the southern end of Kingscliff Beach in May 2010.

Council also engaged a contractor to pump 8000 cubic metres of sand from the Cudgen Creek bed to restore a 200m section of the beach and sand dunes in front of Faulks Park. The pumping helped restore the beach in time for the surf club to host the 2011 NSW Surf Life Saving Championships.

Council appealed to the State and Federal Government for assistance to provide a long-term solution. Council allocated $3 million to undertake a massive sand nourishment program to restore Kingscliff Beach in the long term. However, Council officers estimated it would cost about twice this amount to effectively restore sand levels, by pumping sand from an identified source in the nearby Tweed River.


Page 12

Financial statements

A full copy of Council‟s audited financial reports, prepared in accordance with the Local

Government Code of Accounting Practice and Financial Reporting, has been provided as an

additional document with this Annual Report.

These reports include the:

Auditor‟s report and auditor‟s opinion.

Condition of Public Works for 2010/2011.

State of the Environment Report

A comprehensive State of the Environment Report has been provided as an additional

document with this Annual Report.

June 2004 Ministerial Approved Rate Variation Year 7 Report

2010/2011 was the final year of a 3.96 per cent variation to general income over seven

years, to assist with costs associated with sealing of unsealed roads and asset maintenance

in general.

The outcomes and expenditure for year seven were:

Total funds available from year seven of the variation were $1,777,947

Total expenditure on projects to 30 June 2011 was $789,607

Surplus funds accumulated to 30 June 2011 are $988,340

Total expenditure to 30 June 2011

Resurfacing works

Asphalt re-sheeting works $343,488

School bus routes

Re-sealing and other works $182,598

Footpath

Footpath repairs $111,210

Drainage

Drainage $152,311

Total $789,607


Page 13

June 2006 Ministerial Approved Rate Variation Year 5 Report

2010/2011 was year five of a seven-year variation to general income to fund the projects

and activities identified in the Seven Year Infrastructure and Services Plan. The outcomes

and expenditure for year five were:

Total funds available from year five of the variation were $29,130,000.

Total expenditure on year-five projects was $16,529,127

Surplus funds to carry forward total $12,600,973.

Program Expenditure

Community and Natural Resources 1,129,803

Arts traineeship and mentorship 739

Administrative assistant 62,043

Community Centre Murwillumbah 37,791

Youth transport 778

Improved services for shire youth 93,950

Aboriginal community development 7,938

Coastline Management Plan implementation 428,650

Waterways asset replacement 29,888

Community buildings renovations 155,440

Kingscliff Community Centre 21

0

100000

200000

300000

400000

500000

600000

700000

2004-0

5

2005-0

6

2006-0

7

2007-0

8

2008-0

9

2009-1

0

2010-1

1

Annual comparison of expenditure of the3.96 per cent variation to General Income

School bus routes

Drainage works

Resurfacing works

Footpath


Page 14

Vegetation Management Strategy 124,837

Tweed Coast Estuaries Management Plan 2004-08 and river management

67,552

Bushland maintenance officer 68,305

Amenities hall Kingscliff 42,790

Library extension Kingscliff 9,080

Engineering and Operations 10,381,823

Surf life patrols 3,368

Surf Life Saving Strategy 2020 8,633

Park asset maintenance 99,594

Parks asset renewal (9,887)

Lot 500 bushland 103,994

Botanical gardens 58,757

Regional sport and recreational facilities 1,430

Jack Evans Boat Harbour 6,624,381

Stormwater drainage rehabilitation 500,561

Gravel resheeting of unsealed roads 421,545

Sealed road resurfacing 512,668

Sealed road rehabilitation 707,541

Kerb and gutter rehabilitation 60,528

Footpaths rehabilitation 330,633

Murwillumbah auditorium refurbishment 87,596

Sportsgrounds capital works (local) 76,334

Cabarita street scaping 666,031

Pottsville North drainage outlet - Elanora 112,210

West Kingscliff drain - Gales/Bowling club 7,475

TRAC additional operating costs 15

Sportsfield capital works Jim Devine clubhouse 7,314

Hastings Point Park upgrade 851

Recreation Services depot relocation 252

Business and Economic Development Programs 372,481

Tweed Economic Development Corp 19,586

Economic development - Internal 8,123

Tweed Tourism 36,250

Tourism and Economic Development - Contracted services 164,750

Corporate Planning Unit 96,114

Saleyards upgrade 30,829

World Heritage Rainforest Centre redevelopment 16,829


Page 15

Planning and Regulation Services 567,204

Environmental Health Compliance Officer 71,133

Emergency Management Plan implementation 13,290

Building Compliance Officer 78,820

Health and Building Surveyor 108,372

Environmental Health Compliance Officer 116,346

Urban Design Planner 104,514

Administrative assistant 53,457

Extension Officers - Urban Design 21,271

Technology and Corporate Services 53,594

Internal auditor/Corporate planning 53,594

Total 12,504,904

Loan repayments 3,702,102

Recurring costs 322,121

Grand total 16,529,127

Summary of Legal Proceedings

Legal costs for the 2010/2011 financial year totalled $407,764

Matter Outcome Costs Outcome

Class 4 Appeal – DA08/0966

Refusal to determine Development Application and other issues impacting upon on-site sewerage management system at 49 Upper Crystal Road, Crystal Creek

Defend the matter in the Land and Environment Court

$24,185

In Progress – Land and Environment directions hearing held on 4 December 2009. Case heard on 4 February 2010. Case dismissed, costs awarded, Appeal dismissed by Supreme Court. Payment of $7,106.53 for security of costs received. Matter of recovering further costs in progress.

Class 4 Appeal – 7 year Special Rate Variation


$58,658

In Progress – Land and Environment judgement handed down 30 December 2008, applicants claim was unsuccessful, part costs claim awarded, Court of Appeal case heard on 5 February 2010. Applicant was unsuccessful, part costs awarded. Matter of costs in the process of being determined.

Application for Special Leave to be considered by High Court on 12 August 2011


Page 16

Statement of Claim - DA04/1028- 207 Farrants Hill Road - building encroachment.

Defend the matter in the District Court of NSW

$14,936

In Progress – Case has been struck out in the District Court. Costs awarded to defendants, matter of costs now to be determined.

Appeal to Supreme Court of Appeal –M.W. Allen (Lizzio Subdivision – Condong)

Represent Council in the Supreme Court and engage counsel where appropriate

$3,296

In Progress – second appeal in the Supreme Court heard 16 October 2009, Judge reserved his decision.

Judge upheld the appeal, costs awarded to Council.

Council instructions to pursue matter of costs and associated expenses.

Matter listed for future hearing in Local Court.

Appeal against imposition of conditions upon development consent

Represent Council in the Land and Environment Court

$19,572 In Progress –S.34 conferences held. Revised nine-lot subdivision plan lodged, being considered.

Compulsory acquisition of land for road purposes – Kyogle Road – B. and L. Hill

Represent Council in the Land and Environment Court

$3,886

Completed.

Without prejudice offer made – Council accepted the offer.

Matter now finalised.

Unauthorised development – Tomewin Road

Provide advice in respect to ascertaining options for legal proceedings

$2,883 Completed.

Advice provided. Issues reported to Council.

Class 4 Appeal-DA09/0727

Noble Lakes Monarch Drive Kingscliff

Section 96 Application refused by Joint Regional Planning Panel

Represent Council‟s interest in the Land and Environment Court

$38,711 Completed.

Matter listed for hearing on 1 and 2 March 2011. Proceedings were withdrawn by the applicant on the first day of the hearing.

File DA08/0755 - Seaside City Class 1 Appeal

Provide advice in regard to planning agreement

$1,708 Completed.

Advice provided


Page 17

Alleged breaches of Tweed LEP relating to vegetation clearing in contravention of TPO

Provide advice to ascertain options for legal proceedings

$358

Completed.

Advice provided. Issues reported to Council.

Unauthorised clearing and earthworks – Tomewin Road Tomewin

Provide advice to ascertain options for legal proceedings

$4,347

Completed.

Advice provided

Industrial matters Provide advices in relation to industrial matters

$95,557

Completed.

Advices provided.

Chinderah Fig Tree Provide advice in respect to appropriate dealing with matter

$5,131 Completed.

Advice provided

Tweed Valley Respite Service Inc.

Provide advice about preparation of loan deed agreement documents

$6,743 Completed.

Advices provided

Tweed Regional Aquatic Centre

Provide advice about preparation of contract documents

$1,663

Completed.

Advices provided

DA.10/0020 – Enterprise Avenue – use of premises for brothel


$66,283

Completed.

Judgement handed down 22 November 2010, amended application approved. Applicant to pay Council‟s costs of $42,000 by instalments

Industrial matters Provide advices in relation to industrial matters

$5,977 Completed. Advices provided

General advice matters Provide advice about various matters

$21,966 Completed. Advices provided


Page 18

Second Avenue strata carparking

Provide advice to help ascertain options to deal with matter

$1,350 Completed.

Advice provided 22 December 2010

File DA05/0223 - S96 application for restaurant

Provide advice in regard to application

$594 Completed

BC10/0086 – Sanderson Place Dungay – Building Certificate application - deemed refusal- Class 1 appeal


$24,380

Completed. Case heard on 4 November 2010. Commissioner handed down his decision on 10 March 2011, part 1 dismissed. Part 2 granted with conditions

924 Tomewin Road - Construction of dwelling

Provide advice on dwelling entitlement

$3,460 Completed

Kingscliff Sewerage Treatment Plant

Provide advice about rezoning of land

$1,525 Completed

Issue of infringement notice

Defend the matter in the Local Court

$595 Matter withdrawn

Councillor Fees and Expenses

Payments of Mayoral and Councillors expenses were in accordance with the Tweed Shire

Council Policy „Councillors – Payment of Expenses and Provision of Facilities for Mayor and

Councillors‟, which is included in the Appendix.

Councillor and Mayoral fees Expense

Councillor and Mayoral fees $146,650

Councillor policy provisions and expenses $135,436

Reportable items: Provisions for dedicated office equipment $8,176

Telephone and internet $16,457

Conferences and seminars attended $9,327

Training attended $1,571

Interstate visits representing Council $7,126

Overseas visits representing Council 0

Spouse expenses 0

Child care expenses 0

Total expenses $324,743


Page 19

Conferences and seminars attended

16-17 Aug 2010 LGSA One Association Convention 2010, Sydney

12-14 Sept 2010

LGSA Water Management, Orange

18-19 Oct 2010 2010 Tourism Symposium, Kingscliff

8 Nov 2010 Councillor personal development, Ballina

10-12 Nov 2010 19th NSW Coastal Conference, Batemans Bay

24 Nov 2010 Modernising Local Government Focus Group for Mayors and General Managers, Lismore

6 Dec 2010 Councillor Personal Development, Casino

7 Feb 2011 Councillor Personal Development, Lismore

9 Feb 2011 „A‟ Division Conference Shires Association of NSW, Kyogle

15 Feb 2011 Cross-Border Economic Initiatives Workshops, Tweed Heads

22-25 Feb 2011 Floodplain Management Authority (FMA) Annual Conference, Tamworth

23 Feb 2011 Shires Assoc. of NSW Special One Association Conference, Sydney

25 Feb 2011 Future Housing for Older Australians Symposium, Sydney

9-11 Mar 2011 Local Government Tourism Conference 2011, Sydney

30 May -1 Jun 2011

Shires Association of NSW Annual Conference, Sydney

2 Jun 2011 NSW Local Government in Emergency Management Conference Sydney

Interstate visits

12-13 July 2010 Healthy Cities Conference, Brisbane

28-30 Nov 2010 New Rural Industries Australia 2010 Conference and Expo, Gold Coast

6-9 Mar 2011 Planning Institute of Australia 2011 National Congress, Hobart

28-30 Mar 2011 Australian Coastal Councils Conference, Victoria

19-22 Jun 2011 National General Assembly of Local Government National Conference, Canberra


Page 20

Senior Staff Remuneration

Tweed Shire Council employed five senior staff positions to 30 June 2011.

General Manager.

Director Engineering and Operations.

Director Community and Natural Resources.

Director Planning and Regulation.

Director Technology and Corporate Services.

Senior staff salaries are linked to NSW State Government Senior Executive Service Salary

adjustments, which occurred on 1 October 2010. The amounts on the next page are the

total remuneration packages Council provided to each senior staff.

The package amounts include the:

Total value of the salary component of the package.

Total amounts of any bonus payments, performance or other payments that do not

form part of the salary package.

Total amounts payable for superannuation.

Total values of any non-cash benefits.

Total amounts payable and inclusive of Fringe Benefit tax for non-cash benefits.

Total amounts for motor vehicle lease and costs.

Position Total remuneration package

General Manager $278,190

Director Engineering and Operations $217,005

Director Community and Natural Resources $180,122

Director Planning and Regulation $189,470

Director Technology and Corporate Services $202,416


Page 21

Details of Contracts Awarded by Council

Council awarded 14 contracts exceeding $150,000 during 2010/2011, totalling $33,458,829

Contract Supplier name Nature of contract Value

EC2010167 Vinidex Manufacture, supply and delivery of DN 300mm diameter pressure pipe

$227,500

EC2010-139 Farm Moto Supply of three 60 HP self-propelled triple-deck mower units

$250,101

E2010-132 Northern Rivers New Holland

Supply of three compact tractor units

$158,629

EC2010-146 Fulton Hogan Industries

Supply and laying of asphaltic concrete overlays

$430,314

EC2010-128 Boral Resources (QLD)

Piggabeen Road deviation asphalt surfacing

$212,101

AC2010-073 Tweed Tourism Inc Provision of economic development and tourism promotion services

$957,000

EC2010-096 Relsof Pty Ltd Old Fingal Boat Harbour upgrade $356,031

EC2010-216 Benjamin Construction and Development Pty Ltd

Jack Evans Boat Harbour amenities block

$511,289

EC2011-013 Anthony Adam Building Services

Pottsville Beach Neighbourhood Centre

$1,079,750

EC2010-217 WesTrac CAT Pty Ltd Supply of one backhoe loader unit $190,723

EC2010-135 Arkwook (Gloucester) Pty Ltd

Removal and disposal of biosolids from Banora Point and Kingscliff Waste Water Treatment Plants

EC2011-009 Australian Construction Products

Supply and deliver guardrail components

$190,743

EC2011-006 Momentum Energy Supply of retail electricity for large sites

EC2010-150 Millards Tyre Centre Supply of tyres and tyre services

EC2010-137 Simms Recycling Solutions

Processing of eWaste for North East Waste Forum member Councils

EC2010-133 Insituform Australia Pty Ltd

Sewer main rehabilitation, Murwillumbah

$243,686

EC2010-053 Scapes Shapes Landscaping Pty Ltd

Footpath, median and landscaping works for Tweed Coast Road Cabarita Beach/Bogangar

$576,818

EC2009-068 Tennix Australia Pty Ltd

Banora Point Waste Water Treatment Plant upgrade

$28,074,144

Total $33,458,829


Page 22

Access and Equity Activities

Activity Reason for Activity Activity

Outcome

Children

Child care organisations and children‟s services

- Facilities for community preschools

In discussion with relevant organisations

- Interagency participation Advocacy

Open space and playgrounds

- Equity in the provision of open space and playground access

Ongoing

Youth

Access to community places, services and recreational leisure activities

- Establish safe and attractive public places and facilities for young people to meet and interact

- Provide easier access to young people to disseminate accurate and accessible information regarding their health and welfare

- Promote a greater sense of connectedness between young people and communities

- Meet identified needs of young people

Ongoing

0

10

20

30

40

50

60

70

80

2003

-04

2004

-05

2005

-06

2006

-07

2007

-08

2008

-09

2009

-10

2010

-11

Mil

lio

ns $

Annual comparison of value of contracts awarded


Page 23

Promoting employment and education opportunities for young people.

- Address identified needs of young people

- Create a greater sense of connectedness between young people and their communities

- Increased training and employment opportunities for young people

Ongoing

Youth interagency network

- Meets monthly to address youth needs in the shire

- Dissemination of information and resources

Ongoing

Coordinated responses for young people in the areas of health, housing, safety and connectedness

- Increase the well being of young people

- Reduce incidents of crime and risk taking activities by young people

Ongoing

Provide advice to Council regarding youth issues

- Advocate for improved infrastructure and resources for youth service providers

Ongoing

Develop and maintain effective consultation process with young people

- Improved service delivery Ongoing

Develop and maintain networks of young people

- Improved service delivery

- Community connectivity

Ongoing

Women

Families NSW Strategic Plan

- Advocate for early intervention services for young families

- Interagency participation

Ongoing

Men

Men‟s Shed - Assist Men‟s Shed committee with Development Application process for new Men‟s Shed in old water pump station

- Provide funding for installation of amenities in new Men‟s Shed

Ongoing

Older People

Seniors Week - Introduce seniors to new activities, hobbies and sports, community groups

- Seniors Week Achievement Awards

- Financial contribution and staff support

Annual event

Seniors EXPO - Provide the aged with an accessible and pleasant venue that provides accurate and timely information via stalls, displays, information sessions and workshops so they can make informed decisions about their future and well-being.

- Financial contribution and staff support

Annual event


Page 24

Tweed seniors groups and committees

- Establish senior groups in identified areas of need

- Encourage self-sufficiency and diversity of seniors activities and projects

- Attract new membership for existing groups

Ongoing

Public transport - Advocate for improved transport options for the aged and disabled

Ongoing

Leisure and Recreational Information

- Increase awareness and participation in activities that promote physical and social well-being

- Recurrent funding received from ADHC for part-time Seniors Information and Project Officer to activate Banora Point Community Centre

Ongoing maintenance of brochures

Council and Ageing Disability and Home Care (ADHC).

- Plan for the needs and future provision of services for the Tweed ageing and disability community

- Address documented unmet needs of Shire residents

- Partner with ADHC and Southern Cross University to undertake Age Friendly Study. Document finalised in 2010/11. Launch anticipated 2011

- Recurrent funding received from ADHC for part-time Seniors Information and Project Officer to activate Banora Point Community Centre

Ongoing

Attend Tweed Community Care forum.

- Address aged care issues.

- Information sharing between service providers and funding bodies.

Ongoing

People with Disabilities

Facilitate disability interagency

- Opportunity for disability service providers and others to meet and address disability issues

- Information sharing between service providers and funding bodies

Ongoing

Equal Access Advisory Committee.

- Raise awareness of disability issues and provide advice to Council on access issues affecting people with a disability

Ongoing

Disabled access to public place

- Advocate for improved access Shire wide for people with disabilities

Ongoing

International Day of People with a Disability

- Raise awareness of disability issues at regional event held at Alstonville

Annual event


Page 25

Maintenance of disability resources

- Disability information directory provides information on available services

- Maps

Ongoing

Leisure and recreation - Improved access to leisure and recreation facilities for people with a disability

- Purchase new beach wheelchair and management plan development for three beach wheelchairs in the Tweed

Ongoing

Library services - Support innovative services and projects to assist people with a disability

Ongoing

Update and implement the Tweed Shire Council‟s Disability Action Plan (included in Community Strategic Plan 2011-2021)

- Develop an Action Plan under the Commonwealth Disability Discrimination Act

- Adequately meet the needs of people with disabilities

- Minimise Council‟s liability under the Disability Discrimination Act

- Ensure access to people with disabilities to all Council information and access

Ongoing

Older people with disabilities

Respite care organisations

- Support for organisations providing respite services through interagencies

Ongoing

Annual Home and Community Care (HACC) planning

- Advise Ageing Disability and Home Care on current and future needs for aged and disability services in the Tweed

Ongoing

Support for Tweed Aged Care service providers

- Advocate for additional services to meet increasing needs

- Help identify gaps in service provision and advocate for project funding to address gaps

Ongoing

Culturally and linguistically diverse background

Promote cultural awareness

- Assist people from Culturally and Linguistically Diverse Communities (CALD).

Ongoing

Promote CALD support services

- Facilitate access to support services and information.

Ongoing

Harmony Day - Highlight the importance of community harmony and connecting people

- Financial contribution and staff support of Unity festival, a celebration of diversity

Ongoing

Tweed Shire Council Kenya Mentoring Program

- Get the Tweed community to embrace the concept of mentoring and playing a support role in Kenya. For that to have a positive influence on the African community

Ongoing


Page 26

South Sea Islanders advocacy and support

- Provide assistance with funding applications and project development

- Support community representation and self-advocacy in Council committees

- Participation in ASSI commemorative event in 2013

- Waiver of room hire fees for ASSI Commemorative event meetings

Ongoing

Aboriginal and Torres Strait Islanders

National Aboriginal and Islander Day of Celebration (NAIDOC)

- NAIDOC Week a combined celebration of Aboriginal and Torres Strait Islander culture

- Financial contribution to NAIDOC celebrations

Ongoing

Operation of Aboriginal Advisory Committee

- Advise Council on issues relevant to the Aboriginal and Torres Strait Islander Community

- Maintain Aboriginal and Torres Strait Islander service directory and contacts

Ongoing

Programs and activities

- Access to grants and funding agencies

- Support dissemination of information to Aboriginal and Torres Strait Islander community on matters relating to health and well-being

- Support Tweed Aboriginal and Torres Strait Islander young people

- Provide current information to community

Ongoing

- Installation of major public art piece in Jack Evans Boat Harbour by local Aboriginal artist Garth Lena.

Council provided funding.

One application for external grant funding successful.

Additional application for external grant funding approval pending

Memorandum of Understanding (included in Community Strategic Plan 2011-2021).

- Promote a deeper understanding and commitment to supporting the Aboriginal and Torres Strait Islander community

- Cultural awareness within the Council of issues relating to Aboriginal and Torres Strait Islander employees

Ongoing


Page 27

General community

Community Strategic Plan (CSP) 2011-2021.

- Social Plan integrated with the new CSP, effective from 30 June 2011

Ongoing

Pedestrian mobility - Safe and connected pedestrian access Ongoing

Affordable Housing Strategy

- Equitable access to housing appropriate to needs

- Support for an ageing population

- Support for low-income families

Strategy in 2011/12 work program

Building Better Regional Cities project, proposed for Tweed Heads

Housing and Homelessness Network

- Integrate homelessness support services

- Prevent families becoming homeless

Tweed Shire Housing and Homelessness network formed.

Homeless Hub (day centre) Project

Tweed Heads / Coolangatta Community Safety Committee

- Promote projects that increase public safety, strengthen community and reduce property crime and anti-social behaviour in the cross-border area

Ongoing

- Late night transport from entertainment precinct at Tweed Heads

Model trialled in 2010/11.

Entertainment precinct transport options brochure under development

- Crime Prevention Plan

Strategy in 2011/12 work program

Public transport - Promote transport awareness

- Advise Council on community transport issues

- Passenger Infrastructure Grants administration

- Late night transport from entertainment precinct at Tweed Heads model trialled in 2010/11

Ongoing

Transport Information Days held.

Model trialled in 2010/11

Community Development Support Expenditure (CDSE) Scheme

- Support community projects and diverse programs

Ongoing


Page 28

Murwillumbah Community Centre redevelopment

- Facilities to support social needs of Murwillumbah and district residents

- Facilities for outreach by Tweed service providers, local home care services and volunteer groups

- Significant financial contribution provided by Council for new community centre

Ongoing -welfare services, social support and homeless hub.

Refurbishment of old premises completed.

Redevelopment imminent

Halls and community facilities

- Implement a program to ensure universal access and disability facilities, and upgraded facilities

- Develop innovative uses for halls

Ongoing - including commercial kitchens and local museums

Community planning - Undertake local strategic community and economic development planning to revitalise villages

- Advocate for equitable distribution of services across urban and rural areas

Ongoing

Community cultural development

Development of 2008 – 2013 Cultural Program Plan

- Analysis to identify the cultural needs of members of the community who might be disadvantaged through ethnic, physical, age, demographic or economic circumstances

In process

Develop specific arts and cultural projects designed to encourage participation by groups or individuals disadvantaged by circumstances

- Ensure accessible and equitable participation in the arts and community cultural development

Ongoing

Aboriginal cultural development

- Installation of major public art piece in Jack Evans Boat Harbour by local Aboriginal artist Garth Lena.

Council provided funding.

One application for external grant funding successful.

Additional application for external grant funding approval pending


Page 29

Summary of Works Carried Out on Private Lands

Tweed Shire Council resolved to subsidise a river health program for the year ending 30

June 2011, under section 67 of the Local Government Act 1993 (NSW). Council provided

$49,252 in materials and works to private landowners as part of the River Health Grants

program. It funded:

Planting along stream banks to prevent erosion.

Fencing materials to reduce the impact of cattle on vegetation and water quality.

Private landowners at 16 locations were subsidised to undertake riparian rehabilitation

works, to protect stream banks and, therefore, protect the integrity of the Tweed Shire‟s raw

water supply.

Tweed Shire Council also undertook $161,549 of non-subsidised works on private lands for the year ending 30 June 2011.

0 20 40 60 80 100

2006-07

2007-08

2008-09

2009-2010

2010-11

Thousands($)

Subsidised works on private land

0

50

100

150

200

250

300

350

2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11

Th

ou

sa

nd

s $

Unsubsidised works on private land


Page 30

Financial Assistance Contributions to the Community

Tweed Shire Council provided $344,394 in financial assistance under Section 356 of the

Local Government Act 1993 (NSW). Financial Assistance contributions reports are tabled

monthly at Council ordinary meetings.

Assistance Value

Financial assistance $295,782

Goods and/or materials $865

Provision of labour and/or plant and equipment $8,381

Rates $22,114

Tweed Link advertisements $5,130

Room hire $12,122

Total $344,394

0.15

0.2

0.25

0.3

0.35

0.4

2003-0

4

2004-0

5

2005-0

6

2006-0

7

2007-0

8

2008-0

9

2009-1

0

2010-1

1

Mil

lio

ns

$

Financial assistance grants

Value

Linear (Value)


Page 31

External Bodies Delegated Functions by Tweed Shire Council

A statement of external bodies that exercised functions delegated by Council:

External Body Function

Far North Coast County Council Weed control

Richmond Tweed Regional Library Library services

Tweed Tourism Tourism and development in the Tweed

Land care and dune care groups Land care and weed control

Community Options Program A brokerage service for the community

Details of Overseas Travel

Council‟s Art Gallery Director travelled to Hong Kong between 24 and 31 May 2011 to represent Council at the ART HK11 international art fair. She attended the fair to:

Experience and participate in the international fair.

Receive professional development.

Explore education and networking opportunities.

The total cost of the travel was $2,424.

Statement of Companies Which Council Held a Controlling Interest

Tweed Shire Council did not hold a controlling interest in a private company for the year

ending 30 June 2011.

Bush Fire Hazard Reduction Activities

Several bush fire hazard reduction activities were undertaken during the period to June 2011:

464 permits were issued. Approximately half (238) of these permits were issued for sugar cane harvesting.

The Rural Fire Service assessed and addressed eight complaints in the reporting period and issued 15 hazard reduction certificates.

During the reporting period, brigades carried out one hazard reduction burn totalling 9.5 hectares.

Due to increased rainfall, no significant wild fires were recorded for the district.


Page 32

Written-Off Rates and Charges

Tweed Shire Council has written-off rates and charges to the value of $3,200,752 for the

year ending 30 June 2011.

Rate classification Items written off Total

Pensioner rates Farmland $27,124

Residential $1,661,943

Water and sewerage rates Pensioner water rates $459,489

Pensioner sewerage charges $650,774

Burringbar $3,769

Pensioner waste charges Service $253,360

Administration $94,988

Landfill $49,305

Total $3,200,752

Annual Levy for Stormwater Management Services

Tweed Shire Council did not introduce an annual levy for stormwater management for the

year ending June 2011.

Planning Agreements

Tweed Shire Council has nothing to report in relation to compliance with and the effect of

any planning agreements for the year ending 30 June 2011.


Page 33

Statement of Partnerships, Cooperatives or other joint ventures

Organisation Purpose

Statewide Mutual A self-insurance pool covering public liability and

professional indemnity insurance. The scheme,

established by the Local Government and Shires

Association, consists of most Councils throughout NSW.

Its purpose is to reduce insurance costs to members

State Cover Self-insurance pool covering workers compensation. The

scheme, established by the Local Government and Shires

Association, consists of most Councils through NSW

State Forests of NSW Joint venture forestry plantation located on a Byrill Creek property

New LOG A joint venture with other North Coast Councils to control overloading of vehicles on local roads

Northern Rivers Catchment Management Authority

Council works with the Northern Rivers Catchment Management Authority (NRCMA) to implement natural resource management projects throughout the Tweed. In certain cases, Council contributes funding to the NRCMA which it allocates to on-ground components of riparian rehabilitation projects under its management. The NRCMA has funded planning components of projects subsequently delivered on-ground by Council

World Environment Day A partnership between Council and the Caldera Environment Centre. The annual festival highlights local environmental issues and promotes community involvement in addressing these issues

Community Development and Support Expenditure (CDSE) scheme

A partnership between the Tweed clubs to deliver funds to cultural and social organisations to benefit Tweed residents

Tweed Coolangatta Crime Prevention Action Team

A partnership between Tweed Shire Council, Gold Coast City Council and other relevant State and Non-Government Organisations (NGO) to advise on crime prevention matters.

Arts Northern Rivers A partnership between Tweed Shire Council, Byron Shire, Ballina Shire, Clarence Valley Council, Kyogle Shire and Lismore City Council to facilitate and deliver regional cooperative ventures and cultural services.


Page 34

Human Resources Plan

Council undertook the following human resource activities for the year ending 30 June 2011.

Employees:

Permanent full-time 600 Permanent part-time 39 Temporary 29

Males 478 Males 5 Males 12

Females 122 Females 34 Females 17

The average number of employees on the weekly payroll was 664.This figure

includes temporary, casual and permanent part-time employees.

34 staff worked on a permanent part-time basis.

60 people left the organisation during the year to 30 June 2011.

The average labour turnover rate for the year was approximately 2.39 per cent.

Council provided 16 work experience placements during the year to TAFE, university

and high school students.

Total wages paid for the year totalled $40,277,093.51

Council provided professional and skill development training during the year. This ranged

from statutory training, including confined space entry and traffic control, to committee

training, negotiation skills, leadership development, business systems, new legislation

briefings, policy updates and various workshops and conferences.

It has also continued the formalised training of all field staff in safe working practices as part

of the organisation-wide Health, Safety and Environment System.

Service Performance Measure Target Actual

Rate of job vacancies

re-advertised

Number of vacancies readvertised <5 2

Rate to fill a job vacancy Working days taken to fill an advertised vacancy

<40 43

Vacancies filled by existing employees

Percentage of vacancies filled in-house

n/a 43.3%

Existing worker traineeships Number of existing employees undertaking traineeships

n/a 42

Apprenticeships and traineeships provided by group training

Number of apprentice trainees provided by group training

n/a 9

Learning and development Investment as a percentage of labour costs

1.5% 0.95

Learning and development Investment per staff member $1,070 $679


Page 35

Equal Employment Opportunity

An Equal Employee Opportunity (EEO) Management Plan provides a strategy and guidance

for all employees.

Council is committed to ongoing improvements in EEO practices in all work areas through:

Formal training for EEO Contact Officers.

Recruitment and selection protocols reviewed to ensure they reflect current EEO

policy and principles.

Sessions delivered to Selection Panel members to train and reinforce EEO

practices, principles and responsibilities of panel member and chairpersons.

Women continue to be underrepresented in Council‟s overall staff numbers and, in

particular, at senior levels of the organisation. They continue to constitute the vast

majority of positions in the lower level clerical and administrative functions within

the structure.

Council continues to employ members of target groups at levels which reflect the

composition of the Tweed community. However, these employees continue to be

clustered at lower levels within the organisation.

See table on next page.


Page 36

Service Performance measure

Target Total Comment

Equal employment

EEO target -percentage of women employed.

50% 26.2% Benchmark percentages are as provided by the Workforce Profile Unit, Public Employment Office, NSW Premier‟s Department, and Equal Employment Opportunity Management Plan 2010 - 2013

EEO target group – percentage of Aboriginal and Torres Strait Islander community members employed

2% 2.1% ATSI population of ~ 2,334 represents 2.94% of the total Tweed population

EEO target group – percentage of people from a non-English speaking background employed

19% 0.6% Non-English speaking background population of ~ 974 represents 1.23% of the total Tweed population

EEO target group – percentage of people with disability employed

12% 0.74% Disabled population with a need for assistance of ~ 4,685 represents 5.9% of the total Tweed population

Equal Employment Opportunity Education

Number of EEO awareness seminars and training sessions

n/a 25

Equal Employment Opportunity Policy reviews

Number of policies and codes of practice reviewed

5 3 Review of recruitment and selection protocols undertaken by EEO sub-committee

Equal Employment Opportunity training

Number of staff completing EEO training

n/a 42

Equal Opportunity Employment complaints

Complaints received 0 1

Equal Opportunity Employment confirmed complaints

Number of substantiated complaints

0 0


Page 37

2010/2011 Companion Animals Act and Regulations

Statement of activities:

Tweed Shire Council submitted all pound data returns to the Division of Local

Government by the required lodgement date.

Forty dog attacks were reported to the Division of Local Government for the year

ending 30 June 2011.

A total of $58,550 was generated from the management of companion animals.

Income received was expended on:

o Dog pound management.

o Purchase and maintenance of resources used by the Rangers area in

compliance with the Companion Animals Act.

o Partial wages for employees under the Companion Animals Act.

Council undertook companion animal education programs at:

Schools.

Education talks to the general public and micro chipping days.

Frequent activities and educational advertisements published in Council‟s weekly

free newspaper, the Tweed Link, delivered to all residents in the shire.

Council implemented strategies to promote and assist in the desexing of dogs and cats:

All animals sold from the Council pound are desexed before release.

When animals are released back to their owners from the Council pound, owners

are given the opportunity to have the animal desexed at reduced rates.

Council united with the RSPCA and a volunteer organisation called Friends of the

Pound and implemented a desexing week in which discounted desexing was offered

to pet owners on a pension.

Impounded animals not claimed by owners undergo a behavioural assessment and

veterinarian checks and, if they meet the criteria, are offered for sale to the public from the

pound or a new home is sought through various animal welfare organisations. This strategy

complies with requirements under Section 64 of the Companion Animals Act and seeks

alternatives to euthanasia for unclaimed animals.

Tweed Shire Council’s 15 off-leash exercise areas

South Kingscliff Beach

Boyds Family Park, Tweed Heads West

Public park, Frangella Drive, Murwillumbah

Public park between 73-89 River Street, Murwillumbah

South Cabarita Beach

South Pottsville Beach

South Fingal / Kingscliff Beach

Turnock Park, Chinderah


Page 38

Riverbank reserve Old Ferry Road, Oxley Cove

Reserve corner of Naponyah Rd and Bilambil Road, Terranora

Tree area Arkinstall Park, Tweed Heads South

Reserve corner of Darlington Drive and Amaroo Drive, Banora Point

Reserve at Bushland Drive, Banora Point

Ducat Park, Tweed Head

Corowa Park, Chinderah

Category 1 and 2 Business Activities

Category 1 business activities include:

Water supply business activities.

Sewerage business activities.

Tweed Coast Caravan Parks.

Category 2 business activity:

Commercial waste.

Neutrality Pricing Requirements of Category 1 Business Activities

Council has adopted competitive neutrality pricing requirements to all Category 1 business

activities through:

Taxation equivalent payments.

Debt guarantee fees.

Corporate taxation equivalents and returns on capital.

Performance Comparison of Category 1 Business Activities

Water Supply Business Activities

Category 1 Budget ($’000) Actual ($’000)

Expenses 26,235 25,252

Revenue 23,262 18,533

Sewerage Business Activities


Expenses 32,598 26,498

Revenue 26,943 27,352

Tweed Coast Caravan Parks


Expenses 6,797 7,093

Revenue 6,712 7,591


Page 39

For summaries of the Category 1 and 2 Business Activity Statement, Balance Sheet and

Income Statement, refer to the full copy of Council‟s audited financial reports prepared in

accordance with the Local Government Code of Accounting Practice and Financial

Reporting. It has been provided as an additional document with this Annual Report.

Competitive Neutrality Principles

The principles of competitive neutrality require Local Government business activities to

operate without advantage over private business and to encourage fair and effective

competition in the supply of goods and services.

National competition principles applied by Tweed Shire Council:

Competitive neutrality principles apply to all Council business activities.

Includes debt guarantee fees, in which the business benefits from Council‟s

borrowing positions by comparison with commercial rates.

Disclose returns on investments.

Make any subsidies provided to customers and the funding of these subsidies

explicit.

Competitive neutrality principles need not be applied where the benefits are

outweighed by the costs of the implementation.

Operate within the same regulatory framework as other businesses.

Include the same Federal, State and Local Government taxes and charges in

their costs as private businesses.

Mechanism for Competitive Neutrality Complaints

Council has implemented a three-tier complaints handling policy to support the speedy

resolution of all complaints.

The complaints policy responds to all written and verbal complaints. Competitive neutrality

complaints are uniquely recorded and monitored.

Staff are trained in the principles of National Competition Policy to deal with competitive

neutrality complaints.

Council complaint handing policy is advertised on Council‟s internet and at all Council

offices.

No competitive neutrality complaints were received for the year ending 30 June 2011.

Privacy and Personal Information Protection Act (NSW)

The Privacy and Personal Information Protection Act 1998 (NSW) provides for the protection

of personal information and privacy for individuals and requires Local Government to

prepare and implement a Privacy Management Plan. Tweed Shire Council reviewed and

adopted a new Privacy Management Plan in 2007.

The Act provides for the protection of personal information by adopting 12 information

protection principles, which cover the collection, retention, access, alteration, accuracy, use

and disclosure of personal information.


Page 40

Its requirements apply to Councillors, Council staff, consultants and contractors, Council-

owned businesses and Council committees. Council has provided training sessions on

those requirements. All staff are fully informed on their responsibilities to comply with the 12

information protection principles.

Disclosure of personal information contained in public registers

The Act stipulates that personal information held in public registers can only be disclosed

when in accordance with the intended purpose for which the information was originally

collected.

The Local Government Authority Code of Practice relaxed this requirement by allowing any

persons to inspect a copy of a single entry or page of a public register held by Council

without the need to provide the purpose of the intended use of the information.

If substantial information is required from the registers, the code requires the names and

addresses of all previous and current property owners to be suppressed. Council has

procedures in place to support access to public registers.

Council has had no requests for internal review under Part 5 of the Act.

Statement of Affairs Freedom of Information Act 1989 (NSW)

Tweed Shire Council adopted a Government Information (Public Access) Act 2009 (NSW)

(GIPAA) Publication Guide in accordance with section 20 of the GIPAA on 28 July 2010.

As a result, Council is not required to report the Statement of Affairs in accordance with the

repealed Freedom of Information Act 1989 (NSW) in this Annual Report.

A copy of Council‟s GIPAA Publication Guide can be accessed at

http://www.tweed.nsw.gov.au/GIPAA/default.aspx.

http://www.tweed.nsw.gov.au/GIPAA/default.aspx


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Government Information (Public Access) Regulation 2009

Current version for period 1 July 2010 to 30 June 2011.

Schedule 2 Statistical information about access applications to be included in annual report (Clause 7)

Table A: Number of applications by type of applicant and outcome*

Access granted in full

Access granted in part

Access refused in full

Information not held

Information already available

Refuse to deal with application

Refuse to confirm/deny whether information is held

Application withdrawn

Media

Members of Parliament

Private sector business 1 1

Not for profit organisations or community groups

Members of the public (application by legal representative)

1

Members of the public (other)

2 2

* More than one decision can be made in respect of a particular access application. If so, a recording must be made in relation to each such decision. This also applies to Table B.


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Table B: Number of applications by type of application and outcome

Access granted in full

Access granted in part

Access refused in full

Information not held

Information already available

Refuse to deal with application

Refuse to confirm/deny whether information is held

Application withdrawn

Personal information applications*

1 1

Access applications (other than personal information applications)

2 3

Access applications that are partly personal information applications and partly other

* A personal information application is an access application for personal information (as defined in clause 4 of Schedule 4 to the Act) about the applicant (the applicant being an individual).

Table C: Invalid applications

Reason for invalidity No of applications

Application does not comply with formal requirements (section 41 of the Act)

Application is for excluded information of the agency (section 43 of the Act)

Application contravenes restraint order (section 110 of the Act)

Total number of invalid applications received

Invalid applications that subsequently became valid applications


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Table D: Conclusive presumption of overriding public interest against disclosure: matters listed in Schedule 1 to Act

Number of times consideration used*

Overriding secrecy laws

Cabinet information

Executive Council information

Contempt

Legal professional privilege

Excluded information

Documents affecting law enforcement and public safety

Transport safety

Adoption

Care and protection of children

Ministerial code of conduct

Aboriginal and environmental heritage

* More than one public interest consideration may apply in relation to a particular access application and, if so, each such consideration is to be recorded (but only once per application). This also applies in relation to Table E.


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Table E: Other public interest considerations against disclosure: matters listed in table to section 14 of Act

Number of occasions when application not successful

Responsible and effective government 1

Law enforcement and security

Individual rights, judicial processes and natural justice 4

Business interests of agencies and other persons

Environment, culture, economy and general matters

Secrecy provisions

Exempt documents under interstate Freedom of Information legislation

Table F: Timeliness

Number of applications

Decided within the statutory timeframe (20 days plus any extensions) 7

Decided after 35 days (by agreement with applicant)

Not decided within time (deemed refusal)

Total 7


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Table G: Number of applications reviewed under Part 5 of the Act (by type of review and outcome)

Decision varied Decision upheld Total

Internal review 2 2

Review by Information Commissioner* 1 1

Internal review following recommendation under section 93 of Act

Review by ADT

Total 3 3

* The Information Commissioner does not have the authority to vary decisions, but can make recommendations to the original decision-maker. The data in this case indicates that a recommendation to vary or uphold the original decision has been made by the Information Commissioner.

Table H: Applications for review under Part 5 of the Act (by type of applicant)

Number of applications for review

Applications by access applicants 1

Applications by persons to whom information the subject of access application relates (see section 54 of the Act)


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Appendix

1. Councillors – Payment of Expenses and Provision of Facilities for Mayor and Councillors

Policy

Councillors - Payment of Expenses and Provision of Facilities for Mayor and

Councillors Version 1.5

Adopted by Council at its meeting on Tuesday 16 November 2010

Minute No: 791

Division: Technology and Corporate Services Section: Corporate Governance

File Reference: N/A Historical Reference: Version 1.4 adopted 17 November 2009

Version 1.3 adopted 16 December 2008

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THIS PAGE IS BLANK

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Councillors - Payment of Expenses and Provision of Facilities for Mayor and Councillors

TABLE OF CONTENTS

COUNCILLORS - PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS 5

PART 1 - INTRODUCTION 5 1.1 PURPOSE 5 1.2 OBJECTIVES AND COVERAGE OF THE POLICY 5 1.3 LEGISLATIVE COMPLIANCE 5 1.4 OTHER NSW GOVERNMENT POLICY PROVISIONS 5 1.5 DIVISION OF LOCAL GOVERNMENT GUIDELINES FOR PAYMENT OF EXPENSES AND PROVISIONS OF

FACILITIES 5 1.6 MODEL CODE OF CONDUCT 5 1.7 DIVISION OF LOCAL GOVERNMENT CIRCULARS TO COUNCILS 6 1.8 ICAC PUBLICATIONS 6 1.9 DEFINITIONS 6 PART 2 - PAYMENT OF EXPENSES 6 2.1 GENERAL PROVISIONS 6

2.1.1 MAYOR AND COUNCILLORS ANNUAL REMUNERATION: 6 2.1.2 NO GENERAL EXPENSES ALLOWANCE 6 2.1.3 MONETARY LIMITS FOR ALL EXPENSES 6 2.1.4 NO PRIVATE BENEFIT UNLESS PAYMENT MADE 8 2.1.5 NO USE OF COUNCIL RESOURCES FOR POLITICAL PURPOSES 8 2.1.6 GIFTS AND BENEFITS GIVEN TO BE OF TOKEN VALUE 8 2.1.7 APPROVAL AND DISPUTE RESOLUTION PROCESSES 8 2.1.8 REIMBURSEMENT AND RECONCILIATION OF EXPENSES 8 2.1.9 PAYMENT IN ADVANCE 8

2.2 SPECIFIC EXPENSES FOR COUNCILLORS (INCLUDING LIMITS) 9 2.2.1 ATTENDANCE AT SEMINARS AND CONFERENCES 9 2.2.2 ATTENDANCE AT TRAINING AND EDUCATIONAL COURSES 9 2.2.3 LOCAL TRAVEL ARRANGEMENTS AND EXPENSES 10 2.2.4 TRAVEL OUTSIDE LOCAL GOVERNMENT AREA INCLUDING INTERSTATE TRAVEL 10 2.2.5 LEGAL EXPENSES AND OBLIGATIONS 11 2.2.6 INSURANCE EXPENSES AND OBLIGATIONS 11 2.2.7 ATTENDANCE AT DINNERS AND OTHER NON-COUNCIL FUNCTIONS 12 2.2.8 SPOUSE AND PARTNER EXPENSES 12 2.2.9 COUNCILLORS CONTRIBUTING INTO SUPERANNUATION 12

2.3 ADDITIONAL MAYORAL EXPENSES 13 2.3.1 PROVISION OF A DEDICATED MOTOR VEHICLE 13 2.3.2 PROVISION OF CREDIT CARD 13

PART 3 - PROVISION OF FACILITIES 13 3.1 GENERAL PROVISIONS 13

3.1.1 PROVISION OF FACILITIES GENERALLY 13 3.1.2 TELEPHONE COSTS AND EXPENSES 13 3.1.3 COMPUTER FACILITIES 13 3.1.4 POSTAGE OF OFFICIAL COUNCILLOR CORRESPONDENCE 13 3.1.5 STATIONERY 14 3.1.6 BUSINESS CARDS 14 3.1.7 CHRISTMAS CARDS 14

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3.1.8 NAME BADGES 14 3.1.9 FILING CABINET 14 3.1.10 MEETINGS MEALS AND REFRESHMENTS 14 3.1.11 MEETING ROOMS/ COUNCILLOR ROOM 14 3.1.12 SECRETARIAL SUPPORT 14 3.1.13 PRIVATE USE OF EQUIPMENT AND FACILITIES 14

3.2 ADDITIONAL MAYORAL EQUIPMENT AND FACILITIES 15 3.2.1 OTHER EQUIPMENT, FACILITIES AND SERVICES 15

PART 4 - OTHER MATTERS 15 4.1 ACQUISITION AND RETURNING OF FACILITIES AND EQUIPMENT BY COUNCILLORS15 4.2 STATUS OF THE POLICY 15

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Councillors - Payment of Expenses and Provision of Facilities for Mayor and Councillors

Part 1 - INTRODUCTION

1.1 Purpose

The purpose of the policy is to ensure that there is accountability and transparency in the reimbursement of expenses incurred or to be incurred by Councillors. The policy also ensures that the facilities provided to assist Councillors to carry out their civic duties are reasonable. The terminology of Councillor contained in this policy also applies to an Administrator/s of Council, where applicable and with any legislative modification.

1.2 Objectives and coverage of the Policy

In accordance with Section 439 of the Local Government Act 1993, Councillors must act lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out their functions under this Act or any other Act. Furthermore, it is to ensure that the Councillors would not be financially or otherwise disadvantaged in undertaking their civic responsibilities.

1.3 Legislative Compliance

The Local Government Act 1993 has statutory requirements which describe what fees, expenses and facilities may be paid or provided to Councillors. Information on the pertinent sections applicable to this policy is contained in the Division of Local Government's Circular 06-57 - Guidelines for the Payment of Expenses and the Provision of Facilities to Mayors and Councillors and Circular 09-36 Release of Revised Councillor Expenses and Facilities Guidelines.

1.4 Other NSW Government policy provisions

There are a number of publications which provide assistance to Councillors in complying with the provisions of this policy.

1.5 Division of Local Government Guidelines for payment of expenses and provisions of facilities

Section 252(5) of the Local Government 1993, the Council expenses policy must comply with these guidelines issued under Section 23A of the Act.

1.6 Model Code of Conduct

This policy is consistent with the Model Code of Conduct for Local Councils in NSW in particular with the use of Council resources.

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1.7 Division of Local Government Circulars to Councils

Circular 05/08 Legal assistance for Councillors and Council employees Circular 02/34 Unauthorised use of Council resources Circular 09/36 Release of Revised Councillors Expenses and Facilities Guidelines

1.8 ICAC publications

No Excuse for Misuse, preventing the misuse of Council resources.

1.9 Definitions

Civic duties are defined as:

Council and Committee Meetings;

Community Meetings approved by the Mayor or General Manager;

Meetings with the staff approved by the General Manager; and

Conferences, seminars, training courses, formal and social functions where representing Council, approved by the Council, Mayor or General Manager;

Meeting with constituents in the course of discharging duties as Mayor and Councillor.

Part 2 - PAYMENT OF EXPENSES

2.1 General Provisions

2.1.1 Mayor and Councillors Annual Remuneration:

The Annual Remuneration for Mayor and Councillors, adopted by Council do not fall within the scope of this policy

2.1.2 No general expenses allowance

No annual, monthly or daily allowance or expenses type allowance payment shall be payable in any circumstances.

2.1.3 Monetary limits for all expenses

Monetary limits applying to this policy include:

Telecommunications/Internet

Councillors will be provided with a mobile telephone or smart phone with email to assist in undertaking civic duties. Council will meet the cost of providing the mobile telephone, maintenance, monthly service and access fees, and call charges from this mobile or landline, up to a maximum of $400 per month for the Mayor and $200 per month for other Councillors made in the conduct of their civic duties. Individual Councillors must meet the cost of all non-business calls and any additional Council calls above the limits.

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Council will meet the cost of Internet charges involved in the conduct of the Mayor and Councillors civic duties, up to a maximum of $90.00 per month. Council will meet the cost of providing the fax machine, maintenance and rental charges for one (1) home facsimile line, together with fax paper.

Care and other related expenses Councillors are entitled to the reimbursement of carer expenses, including childcare expenses and care of the elderly, disabled and/for sick immediate family members of Councillors that were necessary to enable Councillors to undertake their civic duties. The reimbursement of expenses will be subject of a separate application by the affected Councillor in each instance, for the determination by the Mayor and General Manager. Child/dependant care expenses are not to be reimbursed if the care is provided by a relative who ordinarily resides with the Councillor. A ‘relative’ is defined as a spouse, de-facto partner, parent, son, daughter, brother, sister or grandparent. Childcare will only be provided to children of the Councillor up to and including the age of 16 years. The maximum entitlement for such expenses is $2,000 per annum. Incidental expenses incurred in attending related Council business, approved conferences, seminars, training and educational courses: Facsimile to and from Council Office or residence only Internet Charges maximum daily limit $5.00 Laundry and Dry Cleaning

maximum daily limit $10.00

Newspapers maximum daily limit $2.00 Taxi Fares from transport destination to accommodation and/or

conference venue Parking Fees include airport parking when plane travel is being

used Any other costs incurred by a Councillor in addition to the daily limits, are the responsibility of the individual Councillor. Councillors are to use their mobile telephones for all calls including business and private. Special circumstances will be permitted, when mobile telephone reception does not allow the use of a mobile telephone.

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Meal Allowances The daily limit for meals (including refreshments) when attending approved conferences, seminars, training and education courses will be in accordance with Australian Taxation Office allowance Guidelines.

2.1.4 No private benefit unless payment made

Councillors should not obtain a private benefit from the provision of equipment and facilities, nor from travel bonuses such as” frequent flyer” schemes or any other such loyalty programs whilst on council business.

2.1.5 No use of council resources for political purposes

Councillors are not to use facilities, equipment and services to produce election material or for any other political purposes.

2.1.6 Gifts and benefits given to be of token value

In circumstances where it is appropriate for councillors to give a gift or benefit( for example on a council business related trip or when receiving visitors), these gifts and benefits should be of token value and in accordance with Council’s Code of Conduct (clause 8.1).

2.1.7 Approval and dispute resolution processes

This policy sets out in various areas the approval arrangements for all expenses. In particular, the attendance at seminars and conferences, training and educational courses, dinners and other non – council functions. Should a dispute arise about the provision of expenses and facilities, or when an expense claim is not approved by the Mayor and/or General Manager, then the disputed decision should be reviewed by the Chair of the Audit Committee, with a report to the full council meeting.

2.1.8 Reimbursement and reconciliation of expenses

Reimbursement of expenses shall only be made upon the production of appropriate receipts and tax invoices and the completion of the required claim forms. All reimbursement of expenses must be approved by the General Manager. All expenses being reimbursed must be in accordance with the provisions of this policy. A Councillor seeking reimbursement of expenses must lodge a claim within three months of the expense being incurred.

2.1.9 Payment in advance

This policy does not provide for cash payments being advanced to Councillors in anticipation of expenses being incurred in the conduct of their civic duties.

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2.2 Specific Expenses for Councillors (including limits)

2.2.1 Attendance at seminars and conferences

Attendance at conferences and seminars by Councillors must be authorised in advance by a Council Resolution. An exception may occur in an emergency, then such attendance must be authorised by the Mayor and General Manager. The exception will only apply to short tem (1 day) events and be organised within the local region. Council will be responsible for the following expenses to be incurred by a Councillor in attending an approved conference or seminar.

Registration Expenses Including official luncheons, dinners and tours relevant to the conference, seminar or training course.

Travel Expenses - Local or Outside Local Government area As detailed within this policy.

Accommodation Expenses Accommodation for attendance at approved conferences, seminars and training

courses will only be authorised on the following basis:

o venue where the conference, seminar and training course is being conducted; o where venue is unavailable, then the alternative venue is up to a standard of

four star NRMA rating; o night before and after depending on the event and travel circumstance, such

approval must be obtained in advance from the General Manager; o Council to make the relevant accommodation booking.

Meals and Other Incidental Expenses Outlined in the establishment of monetary limits and standard provisions contained in this policy.

2.2.2 Attendance at training and educational courses

Attendance at training and educational courses by Councillors must be authorised in advance by a Council Resolution. An exception may occur in an emergency, then such attendance must be authorised by the Mayor and General Manager. The exception will only apply to short tem (1 day) events and be organised within the local region and facilitated by the Local Government & Shires Association, Independent Commission against Corruption or Division of Local Government.

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Council will be responsible for the following expenses to be incurred by a Councillor in attending an approved training or educational courses.

Registration Expenses Including official luncheons, dinners and tours relevant to the training or educational course.

Travel Expenses - Local or Outside Local Government area As detailed within this policy.

Accommodation Expenses As detailed within this policy under attendance at seminars and conferences.

Meals and Other Incidental Expenses Outlined in the establishment of monetary limits and standards provisions contained in this policy.

2.2.3 Local travel arrangements and expenses

Councillors will be entitled to be reimbursed for travel from their home whilst undertaking civic duties at the rate per kilometre as set out in the State Award, Local Government (State) Award. Where a Councillor must use a form of transport other than own vehicle for travel within the local government area, then such approval must be obtained in advance from the Mayor or General Manager.

2.2.4 Travel outside local government area including interstate travel

Councillors must obtain approval from Council for all travel outside of the Local Government Area, including interstate travel. Councillors will be entitled to travel to official engagements at Council’s expense by the most practical method, i.e. aircraft, Council vehicle or private vehicle. Councillors when travelling by air will travel Economy Class or as determined by the General Manager. All "Frequent Flyer" points accrued are to remain the property of Council. A Councillor who travels in his/her own vehicle will be reimbursed at the appropriate per kilometre rate or airfare whichever is the lower.

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2.2.5 Legal expenses and obligations

Legal expenses for a Councillor may be either paid or reimbursed by the Council only if the matter is authorised by the Local Government Act 1993 either expressly or because it is supplemental or incidental to or consequential upon the exercise of its functions. Council may therefore indemnify or reimburse the reasonable expenses of:

a Councillor defending an action arising from the performance in good faith of a function under the Local Government Act (Section 731) ; or

a Councillor defending an action in defamation provided the statements complained of were made in good faith in the course of exercising a function under the Act ;

A Councillor for proceedings before the Local Government Pecuniary Interest and Disciplinary Tribunal or investigative body and where the finding is not substantially unfavourable to the Councillor; or

In the case of a conduct complaint made against a Councillor, legal costs will only be made available where a matter has been referred by a General Manager to a conduct reviewer/conduct review committee to make formal enquiries into that matter in accordance with the procedures in Council’s Code of Conduct.

Council will not indemnify or reimburse the legal expenses of a Councillor arising merely from something that a Councillor has initiated or done or did not involve the performance of their role as a Councillor during his or her term in office. Council will not meet the costs of an action in defamation taken by a Councillor as a plaintiff in any circumstances. Council will not meet the costs of a Councillor seeking advice in respect of possible defamation or in seeking a non-litigious remedy for possible defamation.

2.2.6 Insurance expenses and obligations

Councillors are to receive the benefit of insurance cover for:

Personal Injury Whilst on Council business, covering bodily injury caused by accidental, violent, external and visible means up to a sub-limit for death and capital limits as specified in the Councillors and Officers Liability Insurance Policy. Also covering permanent disablement, temporary total disability and temporary partial disability.

Professional Indemnity For matters arising out of Councillors’ performance of civic duties or exercise of their functions as Councillors provided the performance or exercise of the relevant civic duty or function in the opinion of Council is bona fide and/or

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proper and is carried out in good faith, as required under Section 731 of the Local Government Act.

Public Liability For matters arising out of Councillors’ performance of civic duties or exercise of their functions as Councillors, being carried out in good faith.

2.2.7 Attendance at dinners and other non-council functions

Consideration may be given to meeting the cost of Councillors attendance at dinners and other non-Council functions which provide briefings to Councillors from key members of the community, politicians and business. Approval to meet expenses will only be given when the function is relevant to Council’s interest and attendance at the function is open to all Councillors. No payment will be reimbursed for any component of a ticket to support attendance by councillors at political fund raising functions. An additional payment to a registered charity may be acceptable as part of the cost of the function. Councillors seeking reimbursement for this type of expense must have it approved by Council and not the General Manager.

2.2.8 Spouse and partner expenses

Council will not normally reimburse the expenses of spouses, partners and accompanying persons for attendance at any Council function. Council may reimburse expenses of spouse, partners and accompanying persons in certain and special circumstances at any official Council function, with prior approval being sought from the Mayor and General Manager. Accommodation (shared basis) will be met by Council, provided that there are no additional costs incurred by Council. Mayor and Councillors must make separate arrangements for the payment of expenses incurred by a spouse or partner.

2.2.9 Councillors Contributing into Superannuation

In accordance with the Australian Taxation Office Interpretative Decision of 2007/205, provides that Council may enter into an arrangement with a Councillor under which the Councillor agrees to forego all or part of their annual fee in exchange for the Council making contributions to a complying superannuation fund on their behalf.

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2.3 Additional Mayoral Expenses

Additional expenses provided:-

2.3.1 Provision of a dedicated motor vehicle

A motor vehicle bearing no markings or identification will be provided for the sole use of the Mayor. The motor vehicle is and shall remain the property of Council and shall be surrendered to Council by the Mayor in the event that the person is no longer the Mayor. The Mayor is to be given unrestricted use of such vehicle including private use, with the Council servicing and maintaining such vehicle, paying registration and insurance (including full comprehensive cover) and providing fuel. Private use means that the Mayor and his/her spouse or other licensed driver (provided the Mayor or Mayor’s spouse is in the car) or any other Council employee are allowed to drive the vehicle. The type of vehicle that will be provided is to be at a standard in accordance with Council's Motor Vehicle Lease Policy, and sets a standard for energy efficiency. The vehicle is be replaced at the most economically beneficial time as determined by the Works Manager.

2.3.2 Provision of Credit Card

Provision of a Mastercard with a limit of $5.000.

Part 3 - PROVISION OF FACILITIES

3.1 General Provisions

3.1.1 Provision of facilities generally

Council will provide facilities and equipment to each Councillor to ensure that they can undertake their civic duties in an appropriate manner. The facilities and equipment include:

3.1.2 Telephone costs and expenses

Councillors will be provided with a fax machine to assist in undertaking civic duties.

3.1.3 Computer Facilities

Councillors will be provided with computer facilities to assist in undertaking civic duties.

3.1.4 Postage of Official Councillor Correspondence

Councillors will be reimbursed for official postage, provided expenses can be verified and where it is impractical to use the Council’s own mail system.

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Applications for reimbursement of postage expenses must contain verification information and be authorised by the General Manager.

3.1.5 Stationery

Provision of personalised Councillor letterhead and envelopes exclusively for Council related business

3.1.6 Business cards

Provision of 250 business cards (replacement on request)

3.1.7 Christmas cards

Maximum of 100 per year

3.1.8 Name badges

Councillors to be provided with a name badge

3.1.9 Filing cabinet

Councillors to be provided with a home filing cabinet if required. Filing cabinet is to be returned if the person ceases to be a Councillor

3.1.10 Meetings meals and refreshments

Provision of meals and refreshments associated with Council, committee and working party meetings where appropriate

3.1.11 Meeting rooms/ Councillor Room

Provision of meeting room facilities, including telephone, computer network facilities and access to a photocopier in the Administration Centre for the purpose of Council, committee and working party meetings and for meeting with constituents.

3.1.12 Secretarial support

Provision of secretarial support, as necessary for Councillors to undertake their civic duties.

3.1.13 Private use of equipment and facilities

A Councillor must not use any of the facilities allocated by Council for their private use. A Councillor may use their mobile telephone or facsimile machine for their private use however payment is to be made to Council for such use. Any contravention of this policy will result in the matter being reviewed against the provisions of Council’s Code of Conduct.

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3.2 Additional Mayoral Equipment and Facilities

3.2.1 Other equipment, facilities and services

Other equipment, facilities and services that are to be provided by Council for the use of the Mayor are as follows:

An experienced person suitably qualified to provide secretarial support to the Mayor.

Mayoral letterhead, envelopes and stationery generally

Where appropriate assistance with the organisation of functions, meetings and briefings to which the Mayor is invited to attend.

A furnished office will be provided at the Council Administration Office, to enable the Mayor to undertake the civic duties appropriate to that position.

Limited refreshments will be provided in the Mayoral Office for entertainment purposes.

An allotted parking space will be provided at the Council Administration Offices for the parking of the Mayoral vehicle.

PART 4 - OTHER MATTERS

4.1 Acquisition and returning of facilities and equipment by Councillors

Councillors are to return to Council, where appropriately practicable, after the completion of their term of office or entering extended leave of absence or at the cessation of their civic duties all facilities and equipment that have been allocated by Council. Should a Councillor desire to keep any equipment allocated by Council, then this policy enables the Councillor to make application to the General Manager to purchase any such equipment. The General Manager will determine an agreed fair market price or written down value for the item of equipment.

4.2 Status of the Policy

The provisions of the Councillors - Payment of Expenses and Provision of Facilities for Mayor and Councillors shall remain valid until revoked or amended by Council.

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