Instrument of Delegation

Date Registered 24/10/2017 at 11−39 AMContainer FOU12/477Record Number D0C/17/47883

' M I 11 '11 1 N H 11

u l t " M O U N TALEXANDER

S H I R E COUNCIL

Instrument of DelegationSutton Grange HallSpecial Committee of Council

Mount Alexander Shire Council (Council) delegates to the Special Committee established byresolution of Council passed on 8 September 2009 and known as the Sutton Grange HallCommittee of Management (the Committee), the powers and functions as set out in Schedule 1,and declares that:

1. this Instrument of Delegation is authorised by a resolution of Council passed on 17 October2017;

2. the delegation:

2.1. comes into force immediately the common seal of Council was affixed to thisInstrument:

2.2. revokes all previous Instruments of Delegation to Sutton Grange Hall Committee ofManagement;

2.3. remains in force until Council resolves to vary or revoke it: and

2.4. is to be exercised in accordance with Schedules 1, 2 and 3 and any policies,procedures or guidelines which Council from time to time adopts.

3. All members of the Special Committee except for the Councillor and CEO or their delegate,will have voting rights on the Committee.

4. The delegations are made under the following powers or authorities:

4.1. Section 86(3) of the Local Government Act 1989; and

4.2. All other relevant statutory powers and lawful authority or authorities enabling Councilto do so, including (in cases where the Special Committee is delegated functions,duties and powers of Council in the Council's capacity as a Committee of Managementunder the Crown Land (Reserves) Act 1978 in respect of a Crown Reserve) the CrownLand (Reserves) Act 1978.

Dated this \ ‘ day of a r e c ( 1 , 2017

THE COMMON SEAL of the MOUNT

ALEXANDER SHIRE COUNCIL

was affixed in the presence of:

Th(Darren FuzzardChief Executive OfficerBeing a delegated officer pursuant to the Mount Alexander ShireCouncil Local Law No. 1 of 2008 Meeting Procedures

9ER

ci5tat

Sutton Grange HallInstrument of DelegationLast reviewed 17 October 2017

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SCHEDULE 1

FUNCTIONS

Mount Alexander Shire Council has established the Special Committee to manage the day−to−dayoperations and to assist Council in the planning, promotion and care of the facilities described inSchedule 2 and to support the development of the local community through the use of the facility.

The function of the Sutton Grange Hall Special Committee of Council is to exercise Council'sfunctions and powers and to perform Council's duties in relation to the management of the SuttonGrange Hall with the objectives of:

1. Effectively managing the facility and providing effective financial control of the facility to meetCouncil's objectives;

2. Providing advice to Council in matters of concern to the local community and users as theyrelate to the facility: and

3. Encouraging public interest and maximizing the equitable involvement and participation ofthe community in the development and operation of the facility.

POWERS

The Committee has the power to:

1. Make policies and procedures to effectively manage the facility in accordance with Clause2.1 of Schedule 3 of this Instrument;

2. Determine user fees and charges for the use of the facility, subject to approval from Council;

3. Enter into agreements on behalf of Council with users and hirers of the facility;

4. Raise funds including soliciting and receiving donations:

5. Secure grants and sponsorships subject to Council approval:

6. Retain all monies received from hire fees and charges, fund−raising. donations andsponsorships associated with the management of the facility:

7. Expend funds held by the Committee to achieve the objectives of the Committee, subject tothe limitations in this Schedule;

8. Resolve conflicts and other operational matters between users of the facility, in the bestinterests of all users; and

9. Request individuals or groups act in accordance with Council and the Committee's policiesand procedures and take whatever immediate lawful action necessary where these requestsare not met.

DUTIES

The Committee should.

1. Determine policies, procedures and conditions of use necessary for the proper managementof the facility.

2. Have processes in place so that users to agree to abide by such policies, procedures andconditions of use.

Apply all funds received firstly to the maintenance and operation of the facility and any otherexpenses which may be incurred by the Committee in its management of the facility.

Provide the necessary advice to Council to ensure that the facility's capital assets areadequately maintained in accordance with Appendix 1 of this Instrument.

Have processes in place so that the safety requirements. acts and regulations appropriate tothe day−today operations of the facilities are followed.


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6. Ensure the facility is kept in a clean condition at all times and is used in a reasonable andlawful manner by organisations or individuals.

7. Appropriately register all volunteers.

8. Report promptly to Council any breakage, damage or mechanical hazard which appearslikely to give rise to risk management issues or any abnormal damage to the facility.

9. Seek advice, assistance and expertise as necessary for the proper and efficientmanagement of the facility.

10. Submit to Council by 31 October each year an annual report in the format provided byCouncil.

EXCEPTIONS, CONDIT IONS A N D LIMITATIONS

The Committee does not have power to:

1. Make amendments to the Instrument of Delegation including its Schedules. The Committeemay propose amendments to Council;

2. Delegate its functions;

3. Declare a rate or charge (except the fixing and collection of user charges, entrance fees tofunctions or events and registration fees);

4. Borrow money or obtain other advances;

5. Bestow a grant or sponsorship to any individual or group;6. Enter into a written contract, without prior approval of Council, with an annual value over

$2,000 p.a. per supplier with the exception of user hire agreements;

7. Enter into a lease or license;

8. Enter into an employment contract;

9. Make a statement on behalf of Council without the approval of Council;

10. Exercise any prescribed power of Council;

11. Spend, without the written approval of Council;

11.1. more than $1.000 on minor works; (other than emergency repairs to ensure thecontinuity of the immediate operations of the facility); or

11 2 more than $2,000 on any other single item (other than utilities expenses for theoperation of the facility); or

12. Undertake, without the written approval of Council, any works requiring a statutorycertification of completion.

The Committee shall not carry out or authorise any capital works, extensions, additions ormaterially alter the buildings or surrounds without prior approval from Council.

The Committee shall not commit, or permit to be carried out, any act which will render theoperation of Council's Insurance Policies invalid.

Where a Special Committee of Council enters into a contract, provided it is within its delegatedauthority, it should do so using the following execution clause:

Signed on behalf o f MOUNT ALEXANDER SHIRE COUNCIL by its delegatethe Sutton Grange Hall Special Committee of Council in the exercise o f theSpecial Committee's authority to act on Council's behalf conferred by theInstrument o f Delegation from Council to the Special Committee o f Councildated [insert date].


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C O U N C I L SUPPORT

Council will support the Special Committee through:

1. The allocation of a key Council contact officer.

2. The provision of resource materials, guidelines and specific training on effective committeemanagement.

3. The coordination and management of capital works projects as part of the annual Councilbudget process and Long Term Financial and capital works planning.

4. Upon advice from the Committee, the planning and delivery of programmed maintenance asidentified in Appendix 1.

5. The provision of advice in relation to the Committee's obligations under the LocalGovernment Act or any other Act administered by Council and Council policy andprocedures.

6. Claim GST on behalf of the Committee and refund to the Committee.

7. Supporting and advising the Committee in resolving disputes which cannot be resolved bythe Committee alone.

8. Support in managing major events through Council's Events Officer.

Payment of the Fire Services Levy where applicable.

Council will indemnify members of the Special Committee against any action, liability, claim ordemand on account of any matter or thing done by them on behalf of Council when they actedlegally, in good faith and in accordance with this Instrument of Delegation.

A Councillor will be nominated to support and provide advice to the Committee as an ex−officiomember.


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SCHEDULE 2

FACILITY DESCRIPTION

The facility is the hall located at 921 Faraday−Sutton Grange Rd (Cnr Church Ln). Sutton Grange.

The facility is subject to the following planning overlays as at 17 August 2017:

• Environmental Significance Overlay — Schedule 1 (ES01)

These may change and should be checked prior to any proposed changes to the facility.

The facility is not subject to any heritage classification.

M A N A G E M E N T A N D O W N E R S H I P O F T H E LAND:

This property consists of the following parcel of land:

Lot 1 TP446185

This parcel of land is Council owned Land.

FIXED ASSETS

The fixed assets associated with the facility are as follows:

• Sutton Grange Public Hall)

• Playground

FACILITY LOCATION

Calder Ward

M A P O F FACILITY LOCATION S H O W I N G BOUNDARIES OF RESPONSIBILITY

See Attached

APPLICABLE COUNCIL M A S T E R PLANS O R STRATEGIES

Investing in Play 2014−2024


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S u t t o n G r a n g e Hall

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Mount Alexander Shire CouncilPO Box 185, Castlemaine, VIC 3450

27 Lyttleton Street, Casdemeine, VIC 3450Ph (03) 5471 1700Fax (03) 5471 1741

hap ://www.mountalexander.vic.gov,auf

MOUNT ALEXANDERS H I R E COUNCII

Cleated a n 17/08 /2017 by Augustine Shen,,


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SCHEDULE 31. Definitions

In this Schedule, unless inconsistent with the context or subject matter;

1.1. Council" means Mount Alexander Shire Council;

1.2. "Financial Year" means the period from 1 July to the following 30 June;

1.3. "the facility" means the property as described in Schedule 2;

1.4. "Special Committee" and "Committee" mean the persons who are appointed to theCommittee by Council under Section 86 of the Local Government Act 1989.

1.5. "Community representatives" means members of the local community who use the facility. Inthe case of recreation facilities, community representatives are passive users of the facility orcasual users and who are not affiliated with any group nominated in this Instrument.

1.6. "Emergency repairs" means any work necessary to make good, repair or remedy:

1.6.1. A burst water service; or1.6.2. A blocked or broken lavatory system; or1.6.3. A serious roof leak; or1.6.4. A gas leak; or1.6.5. A dangerous electrical fault; or1.6.6. Flooding or serious flood damage; or1.6.7. Serious storm or fire damage; or

1.6.8. A failure or breakdown of any critical service (i.e. any service which may impactupon the capacity of the Committee to meet its immediate obligations) or supplyprovided for hot water, water, cooking, or heating; or

1.6.9. A failure of any appliance, fixture or fitting that uses or supplies water and that ismalfunctioning in a way that results in or will result in a substantial amount of waterbeing wasted.

2. Policy, Procedures and Rules

The Committee shall:

2.1. Make policies, procedures, and conditions of use necessary to fulfil the functions of theCommittee as stated in this Instrument of Delegation;

2.2. Ensure policies, procedures, and conditions of use, are consistent with the LocalGovernment Act and any local laws, policies and procedures of Council to the extent theCommittee has been made aware of these by Council;

2.3. Require all users of the facility to abide by any local laws, policies or procedures of Counciland the Committee and conditions of use set by the Committee to the extent the Committeehas been made aware of these by Council: and

2.4. Report to Council any breaches of local laws, policies or procedures of Council and theCommittee and conditions of use set by the Committee which cannot appropriately be dealtwith by the Committee.

The Committee must comply with any Master Plans. Conservations Plans. Local Laws,Policies, Procedures and directions of Council and the relevant provisions of the LocalGovernment Act.

If the Committee has delegated functions, powers and duties which relate to themanagement of a Crown Reserve for which the Council is the Committee of Managementunder the Crown Land (Reserves) Act 1978, the Committee must meet the requirements of


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any Crown regulations applicable to the reserve under that Act and to any associatedguidelines.

3. Appointment and Membership o f the Committee

3.1. The membership of the Committee is up to twelve and no less than five members of and is toinclude representatives of regular user groups of the facility, key community groups and thebroader community.

3.2. The membership of the Committee is to aim for diverse representation, to enable diverseviews and perspectives to be heard.

3.3. Council will appoint the members of the Committee upon nomination by the Committee froma publicly advertised Annual General Meeting.

3.4. The Chief Executive Officer of Mount Alexander Shire Council, or his/her nominee, and aWard Councillor may attend any meetings of the Committee as ex−officio members of theCommittee.

3.5. Ex−officio members are not entitled to vote at Committee meetings.

3.6. Members of the Committee are appointed for two years. The term of membership for allmembers will have common start and end dates. Any member appointed to fill a casualvacancy will leave office at the original expiry date of the member they are replacing.

3.7. Members are eligible for re−appointment.

3.8. On the resignation of a member, or in the case of a member being incapable of acting as amember of the Committee, the Committee may nominate a person for membership for theapproval by Council. The nominee will be a person drawn from the same membershipcategory or community sector defined in Clause 3.1 as the vacating member and will beappointed by Council.

3.9. Council may declare a Committee member's office vacant if the member fails to attend threeconsecutive meetings without leave of the Committee.

3.10. All nominations to the Committee must be appointed by Council and any person appointedas a member may be removed from that position at any time by resolution of Council. Anysuch removal will cause an extraordinary vacancy which must be filled in accordance withthis Schedule.

3.11 Committee members must complete Primary and Ordinary Returns unless Council grants anexemption from doing so.

4. Asset Management

4.1. The responsibility for repairs. maintenance and improvements are divided between theCommittee and Council as described in Appendix 1.

4.2. The Committee may make emergency repairs as defined in Clause 1 of this Scheduleoutside the financial delegations without prior approval of Council. The Committee mustnotify their Key Contact officer as soon as possible that these repairs have been carried out.

4.3. Major maintenance or improvement works will be the responsibility of Council. Such workswill be scheduled within the constraints of the Council's budget capability in consultation withthe Committee and will be consistent with any relevant Policies and Procedures adopted byCouncil.

4.4. It is not intended to prevent the Committee from suggesting or requesting the undertaking ofmajor works. which it may do at its own cost subject to Council approval.

4.5. Any additions, modifications or improvements made to the property remain the property ofCouncil.

4.6. If the Committee considers that any Council supplied equipment (fixed or portable) is nolonger suitable for use due to age or condition. the Committee should advise Council of the


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condition of the equipment and the Committee's recommendation for the future of theequipment.

4.7. The Committee shall not permit the erection of any fixed outdoor sign without the priorapproval of Council.

5. Insurance

5.1. Council will be responsible for the insurance cover of buildings, other identifiable physicalstructures and Council owned contents. Contents cover does not however include sportingequipment and other items owned by hirers or user groups. The Committee shall ensure thatuser groups obtain and maintain insurance on such equipment. The Committee isencouraged to maintain a Register of its assets and contents to assist with this.

5.2. Providing the Committee and its members act in good faith, lawfully and within thisInstrument of Delegation and its Schedules, Council's Public Liability and Personal Accidentinsurance shall protect individual members from liability.

5.3. Any other volunteers engaged to assist the Committee to discharge its obligations will becovered by Council's Public Liability and Personal Accident insurance where the volunteershave been registered with the Committee and where they have acted good faith, lawfully andwithin this Instrument of Delegation and its Schedules.

5.4. All users and hirers must have public liability insurance cover of at least $10 million whenusing the facility.

6. Use of Facility

6.1. The Committee should prepare terms and conditions for use of the facility, including ruleswhich the Committee determines are necessary to ensure the safety, good conduct and well−being of users and including the setting of hire fees and security deposits.

6.2. The Committee must formulate a written Hire Agreement inclusive of an indemnity to beentered into with users of the facility.

6,3. The Committee must ensure that all users of the facility execute the Hire Agreement andindemnity prior to any use of the facility.

6.4. The Committee will make hirers aware of Council's Event Kit where relevant. Where theCommittee runs an event requiring permits or Council support, they will make use of theEvents Kit and processes.

7. Security

7.1. The Committee shall ensure that the facility is kept secure at all times.

7.2. Where the facility is on Council's Master Key system, Council must be advised of the namesof all current Key Holders, and notified when keys change hands. The number of keys issuedto the Committee will be at the discretion of Council A deposit may be required for any newor replacement keys issued.

7.3. If the key system is managed by the Committee, the Committee must keep a register of allkey holders and ensure that keys are returned to the Committee when no longer needed bythe individual. One copy of the keys to access all buildings in the facility must be provided tothe Committee's Key Contact Officer.

7.4. The Committee must display an evacuation plan for the facility and will include a copy with allhire agreements.

8. Financial Management

8.1. The Committee may operate such bank accounts and books of accounts as the Committeethinks necessary.

8.2. The Committee may operate two bank accounts and must seek approval from their KeyContact Officer prior to opening any bank accounts.


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8.3. All monies received by the Committee must be paid promptly into a bank account in thename of the Committee. Money must be only able to be drawn from the account on thesignatures of any two of the following office bearers: Chairperson. Secretary or Treasurer orany other office bearer.

8.4. The Committee may pay from cash funds the cost of minor maintenance, petty cash andadministrative expenses as the Committee determines up to $1.000.

Fraud Control

To ensure transparency and to reduce the risk of fraud:

8.5. The two office bearers signing off on financial or banking matters must not be related to oneanother; and

8.6. Office bearers cannot reimburse or pay themselves, or a family member, for expensesCommittee members will be dismissed from the committee if they are found to have committedfraud. Council may also pursue prosecution in the Civil or Criminal Courts, including action torecover losses.

It is the responsibility of all committee members to prevent, detect and report fraud in their area ofoperation.

9. Reporting

Financial and Activity Reporting

The following reports shall be provided to Council outlining the activities of the Committee in orderto meet the requirements of the Local Government Act 1989 or to assist Council with insurancepremium assessment and planning for future financial years:9.1. A completed Annual Return for the previous financial year (using the format provided by

Council by 31 October which includes the following:

9.1.1. A statement of income and expenditure for the previous financial year.9.1.2. A list of monies held as at 30 June of that year.9.1.3. An estimated value of Council! Committee owned equipment.

9.1.4. A summary of non − Council works completed at the facility in the previous year.

9.1.5. Proposed fees and charges for next year.9.1.6. Committee contact details.

9.1.7. Meeting dates for the next year.9.2. A copy of a bank statement showing account balances as at 30 June for all accounts and

term deposits

9.3. A copy of the unconfirmed Committee meeting minutes (including ordinary meetings,extraordinary meetings and annual General Meetings), within a month of the meeting beingheld.

Committee Membership reporting

In order to ensure ongoing insurance protection, within one month of the change. the Committeeshall inform Council of:

9.4. Any nominated change of membership for appointment by Council;

9.5. Any alterations to addresses for correspondence to members.

Ecologically Sustainable Development Information

The Committee will provide utility and service providers with permission to give Council access toservice and utility usage information to assist with monitoring the facility's ecological sustainabilityperformance as requested.


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10. Meetings o f the Committee

The provisions of Section 86, 87, 89 and 90 of the Local Government Act and the provisions ofMount Alexander Shire Council Local Law No 1 − Meeting Procedures as amended from time totime shall apply to this Committee (Copy attached at Appendix 3).

10.1. The Committee must appoint the Chairperson from its approved membership. TheChairperson will hold office until the end of the term of their appointment to the Committee.

10.2. The Committee will meet at least four times per year, or more frequently if so determined bythe Committee. Written notice specifying the date, time and business of the meeting andminutes of the previous meeting must be given to all members as least five days before anymeeting of the Committee.

10.3. The Committee must conduct an Annual General Meeing before the end of October eachyear for the purposes of:

10.3.1. Approving the financial statements.

10.3.2. Approving the Annual Return.

10.3.3. Confirming the meeting schedule for the next twelve months.

10.3.4. Recommending membership of the Committee for appointment by Council for thenext term, as required.

10.3.5. Appointing a Chairperson and any other office bearers determined appropriate bythe Committee.

10.4. The Committee must give public notice of its meetings at least seven days prior to themeeting. This may be done by publishing an annual schedule of meetings, by publicadvertisement in a local paper or by posting a notice outside the facility or in anotherprominent position in the locality.

10.5.No meeting of the Committee may be held and no business can be transacted without aquorum of half the current membership plus one. If a quorum is not present within half anhour of the time appointed for a meeting, then the meeting will stand adjourned. TheChairperson must recall the Committee within 14 days and give written notice to this effect toall members.

10.6. The Chairperson shall call an extraordinary meeting of the Committee on the written requestof any three members, such request specifying the purpose of the extraordinary meeting.This meeting must be held within 14 days of the request.

10.7 A record of the minutes and proceedings of all meetings together with those present shall bekept.

10.8. Minutes are to be conf i rmed at the next meet ing with or wi thout corrections. Such minutes tobe signed by the Chairperson of the meeting confirming the minutes.

11. Termination of Delegations

This delegation shall be terminated:

11.1. upon the resignation of all members of the Committee at the same time or within a period of30 days from the date of the first resignation: or

11.2. upon Council passing a resolution that the delegation be terminated; or11.3. upon Council passing a resolution that the Committee be abolished.

On dissolution of the Committee. any funds or assets held by the Committee will be retained byCouncil.


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APPENDIX 1: MAINTENANCE RESPONSIBILITYIt is in Council's and the community's interest that facilities managed by the Committee are wellkept and maintained. Council understands that only through a partnership with the Committee canCouncil's assets be maintained both for everyday use and in the longer term.

The table below describes responsibilities for maintenance in detail, guided by the followingprinciples:

• Council is responsible for replacement or major repairs.

• The Committee is responsible for day−to−day cleaning, maintenance and replacement ofconsumable items.

• The Committee is responsible for regular inspection of items and ensuring that any defectsare reported to the Committee's Key Contact Officer.

Council will assess the needs of all Council buildings, and then prioritise and program works forwhich it is responsible. With limited funds available for maintenance, repair and replacementprograms, priorities must be set across Council's entire building portfolio. If the Committee is in aposition to contribute to the funding of specific maintenance works, it may be possible for Councilto bring forward the programming of works.

Council also recognises that from time to time the Committee may not be able to fulfil itsresponsibilities due to a shortage of funds or limited expertise or capability. In these instancesCouncil will consider additional support in order to preserve the condition and integrity of Council'sasset.

Maintenance and minor works

The table below relates to normal wear and tear related to the use of the building. Damage causedby hirers is the responsibility of the Committee and should be funded from the security bondcharged to hirers. All works over $1.000 or requiring a statutory certification of completion must beapproved by Council prior to works commencing. except in case of an emergency as described inthe definitions

Council will not arrange or pay for repair. servicing, inspection, maintenance or replacement offittings, fixtures, equipment or appliances installed by the Committee or for any unauthorisedworks.

Where−ever possible the Committee should ensure works and maintenance carried out at thefacility positively contribute to improving the facility's environmental sustainability e.g. using lowenergy globes, water saving shower heads.

Working at heights

Wherever completion of Committee responsibilities in this Appendix may have a risk of a personfalling more than two metres, a risk assessment must be undertaken by law. If as a result of therisk assessment the Committee determine it is unable to put in place adequate controls to managethe risk, the Committee should refer the request to Council for completion.


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ITEM COMMITTEE COUNCIL

EXTERNAL

Walls — structure and cladding Inspection and reporting ofdefects

Repair and replacement

Walls − finishing Cleaning, removal of graffiti Painting and resurfacing

Water supply and fittings — taps and Maintenance and lubrication Repair and replacementvalves Inspection and reporting of

defectsReplacement of washers

Water supply and fittings — pipe Inspection and reporting of Repair and replacementworks defects

Securing off in emergency

Water supply and fittings − bore Inspection and reporting of Maintenance, repair anddefects replacement

Water supply and fittings — water Routine maintenance, inspectiontanks and reporting of defects

Plumbing — sewerage lines and Emptying of septic every threeseptic years as per regulations or as

required, inspection and reportingo f defects.Emergency unblocking or makesafe repairs.

Waste pipes and drains Inspection and reporting ofdefectsClear foreign objects, blockagesmud, etc.

Major repairs and replacement



Guttering and down pipes — main Reporting of defects Cleaning, repair and replacement.buildings

Guttering and down pipes — small All responsibility No responsibilityaxillary buildings

External Roofs, guttering and No responsibility Repair and replacementflashing

Skylights No responsibility All maintenance and repair asrequired

Solar panels Monitoring of inverter and Inspection, repairs, maintenancereporting faults and installation.

Light Globes and Fittings Replacement of globes no higher Replacement of any street lightingthan two metres above head or light fittingsheight Replacement of globes two metres

above head height

Doors, including door hardware Immediate securing where Repair and replacementdamaged

Windows — flywire screening All regular cleaning, maintenance Replacementand repair

Windows — frames and locks Inspection and reporting of Repair and replacementdefectsLubrication of hardware


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Windows − Glazing

Locks and security systems

All regular cleaning and Repair and replacementmaintenanceImmediate securing if broken

Maintain key register Purchase, installation, service andReplace keys and locks not on maintenance where compatible withCouncil Master Key system Council's Master Key SystemImmediate securing of building ifdamagedMinor lubrication of locksEngage security service ifrequired

INTERNAL

Internal walls and ceilings − fabric Inspection and reporting of Repair and replacementdefects

Internal walls − painting Cleaning and painting Major refurbishment andresurfacing

Ceilings − structure Inspection and reporting of Repair and replacementdefects

Ceilings − surfacing Inspection and reporting of Repair and replacementdefects

Floor structure Inspection and reporting of Repair and replacementdefects

Floor surfaces and coverings All regular cleaning and Repair and replacementmaintenance

Doors (including cupboards, doors Regular cleaning Repair and replacementand door fittings) Lubrication of hardware.

Windows − Curtains and Blinds Regular cleaning and minor Replacementrepair

Internal electrical wiring and fittings Make safe immediately Repair and replacement

Light Globes Replacement of globes Replacement of globes whereCommittee risk assessment unableto m a n a g e risk

Light fittings

Water supply and fittings

Inspection and reporting ofdefects

Maintenance and lubricationInspection and reporting ofdefectsReplacement of washers



Internal plumbing — pipes, cisterns, Minimise any leakage and further Repair and replacementtoilet bowls, hand basins, sinks damage

Heating. air−conditioning fixtures, Inspection and reporting of Repair and replacementhot water systems. appliances defects and servicing

Utilities Payment of all gas. water and Provide option to change toelectricity bills Council's supplier.

Consumables to kitchens, toiletsand bathrooms

Sanitary disposal

Supply and replenish No responsibility

Supply and maintain No responsibility


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Keys

Telephone, internet and Wi−Fiservices (where provided)

Maintain key register. Additional Council to supply an agreedkeys to be requested and number of keys. Replace if onapproved by Council and paid by Council key register but committeethe Committee. to pay for replacement and

additional keys.

Payment of all connection,service and use accounts, ensureline remain operational

No responsibility

ESSENTIAL SERVICES

Testing and tagging of electrical Regular visual inspection. Arrange and pay for testing andcords Remove damaged items from tagging every two years or as

service. Ensure all new required. Audit of currency of tags asappliances are tagged before part of regular ESM inspectionuse.

emergency lighting/exit signs

Evacuation plan

Fire Prevention Works

Paths of travel

Fire extinguishers



Prepare and display prominently, Provide adviceand educate users

Remove all flammable materialsand items from around buildings,decks and verandas.

Inspect and maintain clear pathsof travel at all timesCheck all door handles on pathsof travel

Audit according to regulations

Audit according to regulations

Inspect and report tampering and Maintain and replaceuse

All other Essential Safety Measures No responsibility All responsibility

SURROUNDS

Paths and paved areas

Fencing and gates


Minor repairs. inspection andreporting of defectsLubrication of hardware



Nature strips and grassed areas Mowing and regular re−seeding Reinstatement

Irrigation systems Operation, maintenance and Major repairs and replacementminor repairs

Garden beds and shrubs Watering. fertilising, Construction and refurbishmentmaintenance, replanting andkeeping tidy

Trees Inspection and reporting o f Planting, scheduled inspection anddefects major pruningMinor pruning and watering

Outdoor furniture Inspection and reporting of ReplacementdefectsCleaning and repair includingpainting

Internal roadways and car parks Inspection and reporting of Construction. repair and


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Facility perimeter signage

Litter and rubbish removal

defectsMaintain free of obstructions


resurfacing. signage

Installation, repair and replacement

Keep facility and surrounds clean Collection of public waste wheelieand tidy. Remove and dispose of binslitter and rubbish from regularand casual hirers

Playgrounds Reporting of damage Auditing, repair and replacement.Replacement and topping up of softfall mulch.

Signage — on buildings Seek permission from Council to Consider requestsinstall. Cleaning removal ofgraffiti

Signage — building name No responsibility All responsibility

Signage — free standing No responsibility All responsibility

Signage — temporary All responsibility No responsibility

Signage on reserves and reserve Seek permission from Council to Consider requestsinfrastructure install. Cleaning, removal of graffiti

Hazardous substances and Responsible for storing to relevant Audit according to regulationsdangerous goods storage OH&S standards

SPORT SURFACES AND PLAYING FIELDS

Australian Rules football goal posts Inspection and reporting of Repairs and replacementdefects. Removal and installation ofStorage of removable goal posts removable goal posts

Safety netting behind goals Inspection and reporting of Repairs where Committee riskdefects. Undertake minor repairs assessment identifies unacceptable

risk

All other goals and nets including Total responsibility No responsibilitynetball, tennis, basketball andfootball (soccer)

Sports field line marking (excluding Complete as required in No responsibilityhard surface courts) accordance with relevant sports

guidelines

Irrigation systems Operation, monitoring. routine Major repairs and replacementmaintenance and minor repairs

Light towers Responsible for utility costs Purchase, installation, repairs andmaintenance

Sports fields and playing surfaces Minor maintenance. inspection Construction. repair andand reporting of defects replacement. annual seasonal

renovation

Sports fields and playing surfaces — Water to maintain playablewatering standard throughout the year.

pay water costs

Provide advice


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Cricket nets Inspection and reporting of Construction, repair anddefects replacement,

Hard surfaces Maintenance, cleaning, Major repairs, construction,inspection and reporting defects replacement and line marking

Cricket wickets Minor repairs, turf wicket Covering and uncovering forpreparation, maintenance and seasonal changeover, major repair,line marking replacement and advice


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APPENDIX 2 − SPECIAL MAINTENANCE ARRANGEMENTSNil.


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APPENDIX 3 − EXTRACTS FROM THE LOCAL GOVERNMENT ACT 1989SECTIONS 86, 87, 89 AND 90 − SPECIAL COMMITTEES OF COUNCIL

SECTIONS 76 AND 78— MISUSE OF POSITION AND CONFLICTS OF INTEREST

86. Special Committees of the Council

(1) In addition to any advisory Committees that a Council may establish, a Council may establish one ormore Special Committees of the following:

(a) Councillors;

(b) Council staff;

(c) other persons;(d) any combination of persons referred to in paragraphs (a), (b) and (c).

(2) A Council may appoint members to a Special Committee and may at any time remove a member froma Special Committee.

(3) Except as provided in sub−section (4), a Council may by instrument of delegation delegate any of itsfunctions, duties or powers under this or any other Act to a Special Committee.

(4) A Council cannot delegate to a Committee the following powers—(a) this power of delegation;

(b) to declare a rate or charge;

(c) to borrow money;(d) to enter into contracts for an amount exceeding an amount previously determined by the Council;

(e) to incur any expenditure exceeding an amount previously determined by the Council;

(f) any prescribed power.(5) A Council may require a Special Committee to report to Council at intervals determined by Council.

(6) The Council must review any delegations to a Special Committee in force under this section within theperiod of 12 months after a general election.

87. Special Committee meetings

(1) The Council must keep a register of delegations to Special Committees.

(2) The Council may appoint a Chairperson for a Special Committee.

(3) If Council has not appointed a Chairperson under subsection (2). the members of a Special Committeemust appoint a Chairperson.

(4) If the Chairperson is not present at a meeting of a Special Committee the members must appoint aChairperson for that meeting.

(5) A meeting of a Special Committee must be held at a time and place determined by the SpecialCommittee.

(6) If the Special Committee has not appointed a time and place for a meeting under subsection (5), theChairperson, or if the Chairperson is incapable of doing so, the Council, must fix the time and place ofthe next meeting.

(7) Until approved by Council a decision of a Special Committee which does not relate to a matterdelegated to the Special Committee cannot be given effect to

(8) A Council may specify in the instrument of delegation that a member of a Special Committee who is amember of the public or of Council staff does not have voting rights on the Special Committee.


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89. Meetings to be open to the public

(1) Unless sub−section (2) applies, any meeting of a Council or a Special Committee must be open tomembers of the public.

(2) A Council or Special Committee may resolve that the meeting be closed to members of the public ifthe meeting is discussing any of the following—

(a) personnel matters;

(b) the personal hardship of any resident or ratepayer:(c) industrial matters;(d) contractual matters;

(e) proposed developments:

(f) legal advice;

(g) matters affecting the security of Council property:(h) any other matter which Council or Special Committee considers would prejudice Council or any

person:(i) a resolution to close the meeting to members of the public.

(3) If a Council or Special Committee resolves to close a meeting to members of the public the reasonmust be recorded in the minutes of the meeting.

(4) Unless subsection (4A) applies. a Council must at least 7 days before the holding of—

(a) an ordinary council meeting: or(b) a special council meeting; or(c) a meeting of a Special Committee comprised solely of Councillors

— give public notice of the meeting.

(4A) If urgent or extraordinary circumstances prevent a Council from complying with subsection (4), Councilmust—

(a) give such public notice as is practicable; and

(b) specify the urgent or extraordinary circumstances which prevented Council from complying withsubsection (4) in the minutes.

(5) The Chairperson of a Special Committee that is not comprised solely of Councillors must providereasonable notice to the public of meetings of the Special Committee

90. Voting

(1) A question before a meeting of a Council or Special Committee is to be determined as follows—

(a) each Councillor present at a meeting of Council and each member of a Special Committeepresent at a meeting of the Special Committee who is entitled to vote is entitled to one vote;

(note: clause (b) was repealed in 2012)

(c) unless the Procedures of a Council or Special Committee otherwise provide, voting must be by ashow of hands;

(ca) voting at a meeting that is open to members of the public must not be in secret;

(d) the question is determined in the affirmative by a majority of the Councillors or members of thespecial committee present at a meeting at the time the vote is taking voting in favour off thequestion:

(e) except where subsection (2 applies, if the number of votes in favour of the question is half thenumber of Councillors or members of the special committee present at the meeting at the timethe vote is taken, the Chairperson has a second vote.

(2) If there is an equality of votes on a question arising under section 71(1), 87(2), 87(3), 88(3) or 88(4),the matter is to be determined by lot.


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76D Misuse of position

(1) A person who is. or has been, a Councillor or member of a Special Committee must not misuse his orher position—

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

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

Penalty: 600 penalty units o r imprisonment for 5 years or both.

(2) For the purposes of this section, circumstances involving the misuse of a position by a person who is,or has been, a Councillor or member of a Special Committee include—

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

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

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

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

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

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

77 Confidential information

(1) A person who is, or has been, a Councillor or a member o f a special committee, must not discloseinformation that the person knows, or should reasonably know, is confidential information.

Penalty: 120 penalty units.

(1A) A person who is, or has been, a Councillor or a member of a special committee, may discloseinformation that the person knows is confidential information in the following circumstances—

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

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

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

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

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

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

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

(1B) If an application for a Councillor Conduct Panel to make a finding o f serious misconduct by aCouncillor has been made in respect of conduct in contravention of subsection (1). the Councillor mustnot be charged with an offence against that subsection in respect of the same conduct unless—

(a) the Councillor Conduct Panel application is withdrawn; or

(b) the Chief Municipal Inspector requires the Councillor Conduct Panel to suspend or stopconsideration of the matter under section 81P; or

(c) before the Councillor Conduct Panel makes a determination, the Councillor ceases to be aCouncillor; or

(d) the matter or behaviour that is the subject of an application for a finding of serious misconducthas been referred to another law enforcement agency.

(1C) If a Councillor is charged with an offence against subsection (1), an application f o r a CouncillorConduct Panel to make a finding of serious misconduct by the Councillor must not be made for thesame conduct in respect of which the Councillor has been charged.


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(2) For the purposes of this section. information is confidential information if—

(a) the information was provided to the Council or a Special Committee in relation to a matterconsidered by the Council or special committee at a meeting closed to members of the public andthe Council or special committee has not passed a resolution that the information is notconfidential; or

(b) the information has been designated as confidential information by a resolution of the Council ora special committee which specifies the relevant ground or grounds applying under section 89(2)and the Council or Special Committee has not passed a resolution that the information is notconfidential; or

(c) the information has been designated in writing as confidential information by the Chief ExecutiveOfficer specifying the relevant ground or grounds applying under section 89(2) and the Councilhas not passed a resolution that the information is not confidential.

77A Direct and indirect interests

(1) A relevant person has a conflict of interest in respect of a matter if the relevant person has a directinterest or indirect interest in the matter.

(2) A relevant person has a direct interest in a matter if the relevant person has an interest of a kinddescribed in section 77B.

(3) A relevant person has an indirect interest in a matter if the relevant person has—

(a) a close association as specified in section 78; or

(b) an indirect financial interest as specified in section 78A: or

(c) a conflicting duty as specified in section 78B; or

(d) received an applicable gift as specified in section 78C; or

(e) become an interested party as specified in section 78D; or

(f) a residential amenity that may be altered as specified in section 78E.

(4) A relevant person does not have a conflict of interest in a matter if the direct interest or indirect interestof the relevant person is so remote or insignificant that the direct interest or indirect interest could notreasonably be regarded as capable of influencing any actions or decisions of the relevant person inrelation to the matter.

(5) A relevant person does not have a conflict of interest in a matter if the direct interest or indirect interestthe relevant person holds—

(a) is held as a resident, ratepayer or voter and does not exceed the interests generally held by otherresidents, ratepayers or voters: or

(b) is held in common with a large class of persons and does not exceed the interests generally heldby the class of persons.

(6) A relevant person does not have a conflict of interest in a matter if the relevant person—

(a) does not know the circumstances that give rise to the conflict of interest; and

(b) would not reasonably be expected to know the circumstances that give rise to the conflict ofinterest.


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Instrument of Delegation

Documents

Transcript of Instrument of Delegation