Weekly Issue 48, 2 December 2016

Local Government NSW Weekly 48/16 2 December 2016 Page 1

Message from the President

LGNSW President, Cr Keith Rhoades AFSM provides an update on local government issues.

Code of Meeting Practice

The Office of Local Government is seeking input to the development of a new Model Code of Meeting Practice.

Financial Controllers

New provisions of the Local Government Act 1993 allowing for the appointment of financial controllers to councils have now commenced and a regulation has also been made.

Rate Pegging Limit for 2017/18

The Independent Pricing and Regulatory Tribunal of NSW announced this week that the rate pegging limit for the financial year 2017/18 will be 1.5 per cent.

Report from Review of NSW Public Health Act 2010

The Report on the Statutory Review of the NSW Public Health Act 2010 was recently tabled in NSW Parliament and some recommendations directly impact local government.

LGNSW’s 2016-2017 Remuneration Survey

Councils are encouraged to participate in LGNSW’s annual remuneration survey.

LOCAL GOVERNMENT NSW

GPO BOX 7003 SYDNEY NSW 2001 L8, 28 MARGARET ST SYDNEY NSW 2000 T 02 9242 4000 F 02 9242 4111 LGNSW.ORG.AU LGNSW@LGNSW.ORG.AU

ABN 49 853 913 882

EMAIL SUBSCRIPTION

LGNSW.ORG.AU/SUBSCRIBE

Local Government NSW Weekly 48/16 2 December 2016 Page 2

Message from the President

Cr Keith Rhoades AFSM

Friday 2 December 2016

This week we were proud to host the LGNSW Excellence in the Environment Awards. Congratulations to the 10 councils and four council networks that were winners on Tuesday. It was fantastic to see representation from so many councils from near and far. We had the opportunity to recognise the impressively high standard of project entries, all of which demonstrated the crucial environment management role played by councils in NSW. I also had the honour of presenting the Louise Petchell Memorial Award for Individual Sustainability to Brendan Govers for his work at the former Holroyd Council. Award winning entries and photos are now available on our website. Read

more and see our media release.

This week saw the Independent Pricing and Regulatory Tribunal (IPART) announce a 1.5 per cent cap on increases in rate income. We were deeply disappointed with this decision as the reality is that rates have not kept pace with the cost of services and

infrastructure that local government is expected to deliver. LGNSW strongly encourages councils to apply for special rate variations to cover growth needs, address backlogs and development contribution shortfalls, and make catch up adjustments. Councils should notify IPART of their intention to apply for a 2017/18 special rate

variation by 9 December 2016. Read more and see our media release.

Earlier this week we asked general managers to provide feedback on their council’s experience with the conduct of the recent local government elections by the NSW Electoral Commission. We are also seeking feedback from councils who conducted their own elections. Results will be discussed with the Commission in late January in an effort to improve the efficiency and effectiveness of the electoral process. General managers still wishing to provide feedback can email Susan Budd until 23 December 2016.

On the topic of feedback, members should watch out for LGNSW’s member survey due to land in inboxes late next week. We undertake this research every few years to help us ensure our priorities and services meet with members’ needs.

Member feedback is taken seriously. After the 2013 survey, we made a number of changes to improve organisational effectiveness and efficiency. We changed our board structure, modified communication in line with your preferences, changed the delivery of training and events, and introduced some new services. We look forward to your feedback in our next survey.

On Thursday, LGNSW Chief Executive Donna Rygate and I met with Minister for Planning, Rob Stokes to discuss the proposed medium density housing code and design code. We also met with the NSW Aboriginal Land Council to discuss progress of the Aboriginal Resource Kit and the importance of unlocking the economic potential of Aboriginal land.

Also this week, I attended a meeting of the NSW Environmental Trust, while Donna caught up with Australian Bureau of Statistics staff to talk about forthcoming population data releases, met with the Institute of Internal Auditors, and assisted in the Coastal Council selection process.

The LGNSW Board meeting is today and high on the agenda is discussing and ratifying motions from the 2016 Annual Conference. The Record of Decision on motions will be published on the LGNSW website shortly.

As we approach the weekend I want to take the opportunity to remind you that tomorrow (Saturday 3 December) is the International Day of People with Disability (IDPwD). I encourage you to visit and support events held in your communities and check out the IDPwD webpage for more information.

Enjoy your weekend.

Yours sincerely

Cr Keith Rhoades AFSM

Local Government NSW Weekly 48/16 2 December 2016 Page 3

Contents page

Awards

Item 1: Award opportunities

View the latest Award opportunities for Local Government

Conferences and Events

Item 2: Upcoming conferences and events

View upcoming conference and events relevant to Local Government

General Interest

Item 3: Save the date – 2017 LGNSW Tourism Conference

Council staff from tourism, events, economic development, marketing and planning – be sure to save the date for the 2017 LGNSW Tourism Conference (12 – 14 March, Taree).

Item 4: LGNSW’s 2016-2017 Remuneration Survey

Councils are encouraged to participate in LGNSW’s annual remuneration survey.

Community

Item 5: Report from Review of NSW Public Health Act 2010

The Report on the Statutory Review of the NSW Public Health Act 2010 was recently tabled in NSW Parliament and some recommendations directly impact local government.

Item 6: Dementia Toolkit for Local Government

Alzheimer’s Australia has launched a new resource called Creating Dementia-Friendly Communities: A Toolkit for Local Government.

Item 7: International Day of People with Disability Social Media and Community Kit

The Department of Social Services has developed a social media and communication kit to help organisations, including councils, promote and celebrate International Day of People with Disability.

Item 8: New YourLink App for Connecting Seniors and Councils

NSW councils can now partner with a new app, YourLink, to help seniors connect with local services and activities.

Item 9: EOI for Out-of-Home Care Services

The Department of Family and Community Services is inviting councils to express interest in delivering residential services under the new intensive therapeutic care framework.

Item 10: Comments sought on Out-of-Home Care Framework

A new set of principles to guide NSW agencies and carers in statutory out-of-home care for children and young people is open for public comment.

Item 11: Last Chance to Nominate for the Young Achiever Awards

Nominations for the NSW/ACT young achiever awards are open until December 15.

Local Government NSW Weekly 48/16 2 December 2016 Page 4

Environment

Item 12: LGNSW Environment Award Winners Announced

Ten councils and four council networks were recognised for superior achievements in environmental stewardship at the 2016 LGNSW Excellence in the Environment Awards ceremony in Sydney this week.

Finance

Item 13: Rate Pegging Limit for 2017/18

The Independent Pricing and Regulatory Tribunal of NSW announced this week that the rate pegging limit for the financial year 2017/18 will be 1.5 per cent.

Legal

Item 14: Code of Meeting Practice

The Office of Local Government is seeking input to the development of a new Model Code of Meeting Practice.

Item 15: Financial Controllers

New provisions of the Local Government Act 1993 allowing for the appointment of financial controllers to councils have now commenced and a regulation has also been made.

Item 16: Statutory Review of the Work Health and Safety Act 2011

The NSW Government’s Better Regulation Division invites all stakeholders and other interested parties to make a submission to the 2016/2017 Statutory Review of the Work Health and Safety Act 2011.

Planning

Item 17: Consultation Guidelines for Major Projects

The NSW Government has released of Community Consultation Committee Guidelines for state significant development.

Roads and Transport

Item 18: Road Freight Network Connectivity Sub-Committee and Survey

The NSW Road Freight Industry Council has invited councils to complete an online survey on heavy vehicle access in their local areas.

Learning

Item 19: Business Excellence in Local Government

LGNSW is running a new course this month (14-16 December) on the Australian Business Excellence Framework, an integrated leadership and management system that describes elements essential to sustainable organisational excellence.

In the News

Item 20: Local Government NSW Media

View the latest media releases

Item 21: ALGA Newsletter

View the latest newsletter distributed by the Australia Local Government Association.

Local Government NSW Weekly 48/16 2 December 2016 Page 5

Awards

Item 1: Award opportunities

Last Chance to Nominate for the Young Achiever Awards

Nominations for the NSW/ACT young achiever awards are open until December 15.

Local Government NSW Weekly 48/16 2 December 2016 Page 6

Conferences and Events

Item 2: Upcoming conferences and events

Business Excellence in Local Government

LGNSW is running a new course this month (14-16 December) on the Australian Business Excellence Framework, an integrated leadership and management system that describes elements essential to sustainable organisational excellence.

Local Government NSW Weekly 48/16 2 December 2016 Page 7

Dates and location Sunday 12 March – Tuesday 14 March Manning Entertainment Centre, Taree Online information LGNSW Tourism Conference 2017

Contact LGNSW Events Team events@lgnsw.org.au 02 9242 4000

Ref: R16/0007 TB

General Interest

Item 3: Save the date – 2017 LGNSW Tourism Conference

Council staff from tourism, events, economic development, marketing and planning – be sure to save the date for the 2017 LGNSW Tourism Conference (12 – 14 March, Taree).

The theme for the 2017 conference is ‘Tourism is everyone’s business’. The conference program is still being developed but will include:

Promoting tourism to the accessible market

Raising inclusion awareness

A half day AVIC summit for those running visitor information centres and the latest research in this area

Nature tourism

Heritage and cultural tourism

Co-hosted by MidCoast Council and in partnership with Destination NSW the conference will provide a great opportunity to network with local government colleagues from the tourism and local government sectors. Registration opens mid-December.

Local Government NSW Weekly 48/16 2 December 2016 Page 8

Online information LGNSW Remuneration Survey and Reports Contact Debra Law Divisional Coordinator 02 9242 4142 debra.law@lgnsw.org.au

Ref: I09/0016 MA

General Interest

Item 4: LGNSW’s 2016-2017 Remuneration Survey

Councils are encouraged to participate in LGNSW’s annual remuneration survey.

The survey collects data on total remuneration packages for council general managers, directors, managers, supervisors and specialists across NSW.

Reports on comparative data for a range of demographics are then compiled from the results. The reports are valuable for decision makers, providing current information for budget preparation, remuneration reviews, recruitment activities and decision making on HR related issues.

The LGNSW survey has extensive participation by NSW councils, with 103 councils contributing in 2015/16, helping to build a solid remuneration database.

All participants will receive a complimentary summary of median TRP for all positions surveyed.

A discount on remuneration report orders is applied to councils who have participated in the survey for the past two years.

Please submit completed surveys by close of business 23 December 2016. If you need an extension on this timeframe, please contact Debra Law.

Local Government NSW Weekly 48/16 2 December 2016 Page 9

Online information

Report on the Statutory Review of the Public Health Act 2010 Contact Health Protection NSW

Public Health Act Review Officer 02 9391 9304 or publichealth@doh.health.nsw.gov.au

Local Government NSW Liz Gemes, Senior Policy Officer 02 9242 4063 or liz.gemes@lgnsw.org.au

Ref: R91/0217-02 LG

Community

Item 5: Report from Review of NSW Public Health Act 2010

The Report on the Statutory Review of the NSW Public Health Act 2010 was recently tabled in NSW Parliament and some recommendations directly impact local government.

In April 2016 NSW Health released the Public Health Act Statutory Review Discussion Paper with 34 issues for consideration. LGNSW lodged a submission to the Discussion Paper on the 13 issues that impact local government and also provided comment on other issues of significance to councils which were not addressed in the discussion paper. The discussion paper received 269 submissions which were considered in the development of the Report on the Statutory Review of the NSW Public Health Act 2010. The report makes 38 recommendations, including the following that directly impact local government:

R3) Sections 3 and 4 adequately recognise the role of local government in the Public Health Act

R4) However, there should be appropriate mechanisms in the Act to ensure that appropriate fees can be levied in respect of the functions undertaken by local government, including inspection of premises

R7) That the Public Health Act is amended to recognise the role of local government authorities in relation to compliance and regulatory activities for private water suppliers and water carters (establishing and adhering to a Quality Assurance Program) and record keeping requirements of water carters

R10) The Act should be amended to provide that the owner of a multi-tenanted building is the occupier for the purposes of the provisions relating to regulated systems where the regulated system serves the whole or substantial parts of the building.

R11) That the recommendations of the Expert Advisory Panel relating to legionella control should be supported in principle and be implemented subject to further consultation with industry and the public.

R12) The Act should be amended to clarify that the definition of a public swimming pool applies to a pool in residential premises used by members of the public for swimming lessons.

R13) The Act should be amended to include Interactive Water Fountains, water splash parks, water slides or other recreational water areas under the definition of a ‘swimming pool’.

R31) The Public Health Act should not be amended to remove the conscientious objector exemption to enrolment in a childcare facility.

R32) However, other options should be pursued to strengthen the requirements to obtain a conscientious objection exemption for enrolment in child care in NSW.

LGNSW welcomes the inclusion of inspection fees in recommendation 4 but remains deeply concerned about the impacts on councils resulting from recommendation 7. LGNSW welcomes any comments from councils to incorporate into our representations in response to this report and the drafting of the Bill proposed to be considered by Parliament in 2017.

Local Government NSW Weekly 48/16 2 December 2016 Page 10

Online Information

Alzheimer’s Australia Creating Dementia-Friendly Communities Toolkit

Contact National Dementia Helpline

helpline.nat@alzheimers.org.au

1800 100 500

Ref: R05/0058 DDSJ

Community

Item 6: Dementia Toolkit for Local Government

Alzheimer’s Australia has launched a new resource called Creating Dementia-Friendly Communities: A Toolkit for Local Government.

The toolkit is a practical resource that will help NSW councils implement their ageing strategies. It provides valuable information, resources and guidance for building on existing infrastructure, systems and services to make communities more dementia-friendly.

A dementia-friendly community is a place where people living with dementia participate in meaningful and engaged community lives. The toolkit shares lessons from initiatives across Australia and internationally.

Councils can use initiatives in the toolkit to help implement their ageing strategies.

Local Government NSW Weekly 48/16 2 December 2016 Page 11

Online Information

International Day of People with Disability

Contact IDPwD team

idpwd@dss.gov.au

1800 440 385

Ref: R05/0058 DDSJ

Community

Item 7: International Day of People with Disability Social Media and Community Kit

The Department of Social Services has developed a social media and communication kit to help organisations, including councils, promote and celebrate International Day of People with Disability.

International Day of People with a Disability is a United Nations sanctioned day held each year on 3 December to celebrate the talents and achievements of people with a disability and eliminate stigma and negative stereotypes.

The kit contains information about the theme for 2016, details on the national disability awards, a social media and promotional checklist and templates, and suggested posts and graphics.

Access the kit from the Department of Social Services International Day of People with a Disability website.

Local Government NSW Weekly 48/16 2 December 2016 Page 12

Online Information

YourLink

Contact YourLink team

info@yourlink.com.au

Rick Hollingworth 0447866437

Richard Senna 0408742743

Ref: R05/0058 DDSJ

Community

Item 8: New YourLink App for Connecting Seniors and Councils

NSW councils can now partner with a new app, YourLink, to help seniors connect with local services and activities.

YourLink is an internationally award-winning app developed in NSW to help connect seniors with family, friends and local communities.

It is free and easy to use. Users can message family and friends, browse community events, find and access services, link to groups, and build personalised and private photo albums.

Case Study

Orange City Council worked with YourLink to increase the exposure of valuable services and groups for older people. Orange Council purchased ten unique logins for services and groups such as University of the Third Age, City Library, Women’s Shed, Men’s Shed, Choices at Home and Meals on Wheels (at a cost of $990 per year) helping connect these groups to the community.

Local Government NSW Weekly 48/16 2 December 2016 Page 13

Dates and location EOI closes Thursday 22 December 2016, 10am.

Online information FACS Intensive Therapeutic Care Invitation for EOI

Contact Grahame Roth Department of Family and Community Services 02 9716 3014 OOHCrecontracting@facs.nsw.gov.au

Ref: R96/0080 ER

Community

Item 9: EOI for Out-of-Home Care Services

The Department of Family and Community Services is inviting councils to express interest in delivering residential services under the new intensive therapeutic care framework.

The scope of the expressions of interest (EOI) process includes the following current services:

Residential care

Intensive residential care

Supported independent living

Supported family group homes

The EOI includes how the above services will be delivered through:

Contracted arrangements

Exception placements

Fee for service arrangements

Councils are eligible to apply if they are interested in delivering out of home care services and demonstrate adequate financial capacity to do so.

The EOI process closes 22 December at 10am and successful applicants will then be invited to the request for tender stage.

Read the next article to learn more about the framework.

Local Government NSW Weekly 48/16 2 December 2016 Page 14

Dates Submissions close Tuesday 6

December 2016.

Online information

FACS Therapeutic Care Framework website Contact TCfeedback@facs.nsw.gov.au

Ref: R96/0080 ER

Community

Item 10: Comments sought on Out-of-Home Care Framework

A new set of principles to guide NSW agencies and carers in statutory out-of-home care for children and young people is open for public comment.

The Department of Family and Community Services (FACS) has developed a new therapeutic care framework for NSW in partnership with the Association of Children’s Welfare Agencies.

The framework, which will be progressively implemented when FACS re-commissions current residential care services with new contracts, to commence 1 July 2017, provides guidance for out-of-home care services to support children and young people who have complex needs due to traumatic experiences.

FACS is particularly seeking feedback from sector partners, such as local government, carers and people who are or have been in care.

Feedback can be submitted to TCfeedback@facs.nsw.gov.au.

Local Government NSW Weekly 48/16 2 December 2016 Page 15

Dates

Nominations close Thursday 15 December 2016

Online information

Awards Australia Young Achievers

Contact Awards Australia 1300 735 445 nswyaa@awardsaustralia.com

Ref: R90/0129 ER

Community

Item 11: Last Chance to Nominate for the Young Achiever Awards

Nominations for the NSW/ACT young achiever awards are open until December 15.

Young people aged up to 29 years who are actively involved in their communities can be nominated for their achievements across six award categories:

Arts and fashion

Leadership

Community service

Aboriginal education

Environment and sustainability

Small business achiever.

The awards will be presented at a gala dinner on 24 March 2017 in Sydney. Category winners will each receive $2500.

Nominations can be completed online or councils can initiate nomination by emailing Awards Australia with a nominee’s name, award category and contact details. Awards Australia will then follow up with nominees to complete the process.

Local Government NSW Weekly 48/16 2 December 2016 Page 16

Online information LGNSW Environment Awards

Awards ceremony photos Contact Susy Cenedese Strategy Manager, Environment LGNSW 02 9242 4080 Ref: R98/0021-03 SC

Environment

Item 12: LGNSW Environment Award Winners Announced

Ten councils and four council networks were recognised for superior achievements in environmental stewardship at the 2016 LGNSW Excellence in the Environment Awards ceremony in Sydney this week.

Ballina Shire Council won the major award for Local Sustainability. The Shire has focused efforts under its environmental action plan to deliver environmental benefits, such as:

Adoption of the Ballina Shire koala management strategy by Council, planting of almost 4500 trees for koala habitat and a koala-and farmer-friendly windbreak trial

Delivery of recycled water to 160 homes in Lennox Head, achieving re-use of 35 per cent of dry weather flows

Supporting over 3000 hours of Landcare work in coastal habitat and 1200 hours for inland riparian habitat

Over 74 per cent of waste diverted from landfill

Smart devices utilised in 'triage' decisions for work crews during storm clean-ups, saving up to 75 per cent of paperwork.

President Keith Rhoades paid tribute to the many other highly commended and award-winning councils recognising their exceptional achievements in safeguarding and managing the environment. Altogether, four metropolitan and six regional councils took awards, along with the Western Sydney Regional Organisation of Councils (WSROC), Midwaste, and the Sydney Peri Urban Network. The LGNSW Excellence in the Environment Awards recognise exceptional achievements by NSW councils in safeguarding the environment and winners are selected for a range of other categories including waste management, climate change action, water management, sustainable procurement and communication, education and empowerment. The other major award presented was the Louise Petchell Memorial Award for Individual Achievement and it went to Brendan Govers for his work at Strathfield and Canterbury councils and the former Holroyd Council. The awards were sponsored by Local Government Super, NSW Office of Environment and Heritage, NSW Environment Protection Authority, SafeWork NSW, the Water Directorate, NSW Department of Primary Industries, NSW Ministry of Health, the Roadside Environment Committee and NewsCorp.Australia. For more information on the awards, including a list of winners, project summaries, case studies and photos, see the LGNSW website.

Local Government NSW Weekly 48/16 2 December 2016 Page 17

IPART information IPART’s media release and a fact sheet are available on IPART’s website

LGNSW information LGNSW Media Release

LGNSW contact Shaun McBride shaun.mcbride@lgnsw.org.au

Ref. R90/0397-05 SM

Finance

Item 13: Rate Pegging Limit for 2017/18

The Independent Pricing and Regulatory Tribunal of NSW announced this week that the rate pegging limit for the financial year 2017/18 will be 1.5 per cent.

The rate pegging limit is determined by the Independent Pricing and Regulatory Tribunal (IPART) using a local government cost index (LGCI) and a discount productivity factor.

IPART calculated the rate peg for 2017/18 by:

Taking the increase in the local government cost index for the year to September 2016 of 1.47 per cent

Deducting a productivity factor of 0.001 per cent. This resulted in a rate peg of 1.47 per cent, which was rounded up to 1.5 per cent. The main contributors to LGCI over the year ending September 2016 were:

An increase of 2.3 per cent in employee benefits and on-costs, measured by the Australian Bureau of Statistics (ABS) wage price index for the NSW public sector

An increase of 1.9 per cent in other business services costs (e.g. materials and contracts such as other operating leases, contractor and consultancy costs), measured by the ABS producer price index for other administrative services

An increase of 2.7 per cent in buildings – non-dwelling costs, measured by the ABS producer price index for non-residential building construction

An increase of 0.6 per cent in construction works – roads, drains, footpaths, kerbing and bridges costs, measured by the ABS producer price index for roads and bridge construction NSW.

Partly offsetting these impacts were decreases in automotive fuels (10.5 per cent), gas (10.4 per cent), and telecommunications and internet services (7.1 per cent).

The rate pegging limit of 1.5 per cent is down from 1.8 per cent for the financial year 2016/17. The increase is slightly smaller than the consumer price index.

It needs to be noted that the LGCI only reflects movements in underlying costs. The index does not reflect increased costs arising from the need to expand services to meet growing demands or the need to increase infrastructure spending to address backlogs or growth. These needs are to be met by way of special rate variations.

LGNSW comments The rate pegging limit of 1.5 per cent is unrealistically low and does not reflect the real cost pressures facing NSW councils. Without seeking and securing rate variations over the rate pegging limit, councils will need to cut services and reduce expenditure on community infrastructure and facilities. The outcome further highlights the failure of the rate pegging system - no general index can reflect the individual needs and circumstances of a wide range of councils and communities.

On 29 November 2016, LGNSW issued a media release critical of the low rate pegging limit.

LGNSW continues to be firmly opposed to rate pegging and strongly supports the abolition of rate pegging along with the introduction of a community-based strategic service and resource planning framework (integrated planning and reporting reform). Communities should determine rate levels through the community strategic planning and budgeting process.

LGNSW strongly encourages councils to make applications for rate variations to cover growth needs, address backlogs, develop contribution shortfalls and make catch up adjustments. Councils should aim to notify IPART of their intention to apply for a 2017-18 special rate variation or minimum rate increase application by 9 December 2016. Notification letters and applications should be lodged via IPART's council portal. On the basis of current IPART advice, completed applications will not need to be submitted until February 2017.

Local Government NSW Weekly 48/16 2 December 2016 Page 18

Dates and location Submissions due to OLG by 20 January 2017

Inputs to a sector response due to LGNSW by 23 December 2017

Online information OLG Circular

City of Ryde Code of Meeting Practice Contact Bruce McCann 02 9242 4125

Ref: R90/0014 BMc

Legal

Item 14: Code of Meeting Practice

The Office of Local Government is seeking input to the development of a new Model Code of Meeting Practice.

The amendments to the Local Government Act 1993 passed by the NSW Parliament at the end of August 2016 included new provisions relating to a Model Code of Meeting Practice that will be compulsory. The code will contain mandatory and non-mandatory provisions and will be based upon the existing meeting rules prescribed in Part 10 of the Local Government (General) Regulation 2005.

The Office of Local Government is currently developing the code and is seeking input from the sector on:

How the current meeting rules prescribed in the Regulation can be improved

Any areas of meeting practice that are not currently prescribed that should be prescribed

Any examples of better practice that may be incorporated in the non-mandatory provisions of the model meeting code.

LGNSW is preparing a sector response and is seeking input from councils, or copies of council submissions, to contribute to the response. It has been suggested that the City of Ryde Code of Meeting Practice is a good example of a comprehensive code. Any feedback on that or other codes of practice would also be appreciated.

Local Government NSW Weekly 48/16 2 December 2016 Page 19

Dates and location Commenced on 25 November 2016

Online information Commencement proclamation

New Regulation

Contact Jill Gallagher 02 9242 4061

Ref: R90/0162 JG

Legal

Item 15: Financial Controllers

New provisions of the Local Government Act 1993 allowing for the appointment of financial controllers to councils have now commenced and a regulation has also been made.

The amendments to the Local Government Act 1993 passed by Parliament at the end of August 2016 included several provisions relating to financial controllers. On 23 November 2016 the Governor of NSW proclaimed that these provisions commence on 25 November 2016.

The provisions allow for the appointment of a financial controller to a council as part of a performance improvement order issued by the Minister. The functions of the financial controller are to implement financial controls with the aim of improving the council’s financial position.

Before the Minister can decide to appoint a financial controller, he must consider criteria which may be specified by regulation. The same also applies to the appointment of a temporary adviser. This regulation has also been made by the Governor and commenced on 25 November 2016. LGNSW is taking action in response to its serious concerns about the criteria.

Several key Act amendments remain uncommenced while further work is being done to support their implementation. These include provisions relating to the Model Code of Conduct, Model Code of Meeting Practice, reductions in the numbers of councillors and meetings, integrated planning and resources requirements and internal audits.

Local Government NSW Weekly 48/16 2 December 2016 Page 20

Submissions close Tuesday 20 December 2016

Contact Industrial Officer Member Services Division 02 9242 4142 Member.Services@lgnsw.org.au

Ref: I11/0005 VS

Legal

Item 16: Statutory Review of the Work Health and Safety Act 2011

The NSW Government’s Better Regulation Division invites all stakeholders and other interested parties to make a submission to the 2016/2017 Statutory Review of the Work Health and Safety Act 2011.

The Better Regulation Division wants to know what needs improving and how to make compliance easier by reducing barriers, costs and regulatory burdens. The Division invites feedback on how workplace health and safety laws are interpreted, applied and enforced in NSW. Comments should response to focus questions set out in the discussion paper, Statutory review of the Work Health Safety Act 2011.

LGNSW will be making a submission on behalf of councils that addresses focus questions that could affect councils. Councils are also encouraged to make their own.

Submissions are due by 20 December 2016. For more information and to read the discussion paper see the NSW Government website Have Your Say – Statutory review of WHS Act 2011.

Local Government NSW Weekly 48/16 2 December 2016 Page 21

Further information DP&E Media Release

Ref: R04/0029.jd

Planning

Item 17: Consultation Guidelines for Major Projects

The NSW Government has released of Community Consultation Committee Guidelines for state significant development.

Changes under the new guidelines include:

Independent committee chairs will be appointed by the Department of Planning and Environment (DP&E), without recommendations from project proponents.

The maximum number of community members will be increased from five to seven.

Committees can be established for any state significant project, such as mines, wind farms and infrastructure.

Independent chairpersons will be required to prepare an annual report on the Community Consultation Committee’s activities, to be published on DP&E’s website.

Committees can be established at any stage during the assessment process to give local communities a greater say on the design of major projects.

LGNSW made a submission to the DP&E in April this year advocating changes to improve current practice. LGNSW welcomes the key changes.

For further information read the Department’s media release.

Local Government NSW Weekly 48/16 2 December 2016 Page 22

Access Survey

RMS network connectivity survey

Ref: R90/0985 RC

Roads and Transport

Item 18: Road Freight Network Connectivity Sub-Committee and Survey

The NSW Road Freight Industry Council has invited councils to complete an online survey on heavy vehicle access in their local areas.

Information obtained from the online survey about council heavy access processes will contribute to a needs analysis for local government. Relevant council staff are invited to complete the survey, which covers a range of information and usage issues relating to existing tools, and canvasses additional tools and resources that are required.

The Road Freight Industry Council, chaired by Roads and Maritime Services (RMS), has also established a network connectivity sub-committee to address road freight network connectivity issues on local and regional roads.

LGNSW is part of the sub-committee along with representatives from industry, state government, councils and the National Heavy Vehicle Regulator. The committee aims to minimise constraints by identifying barriers to connectivity and ways to improve access and expand strategic freight routes.

Consultation is also required with other authorities that manage infrastructure including level crossings, rail bridges and private roads, and precincts such as Port Botany. The heavy vehicle national law requires all relevant road managers to consent to travel on their roads.

The sub-committee has developed a program of work to address the issues identified that limit network connectivity. Actions fell into three main categories:

Assessment management – dealing with assessments and access networks

Funding priorities – data and information gathering analysis, geographical and freight priorities

Administrative improvements – legislative constraints, education materials and communication strategies.

RMS will be working with councils to address these issues.

Local Government NSW Weekly 48/16 2 December 2016 Page 23

Dates and location Wednesday 14 – Friday 16 December 2016 Sydney

Online information and registration LGNSW website

Cost $1980 for members

$3960 non-members

Contact Learning Solutions 02 9242 4181 learning@lgnsw.org.au

Ref: I98/0012 SA

Learning

Item 19: Business Excellence in Local Government

LGNSW is running a new course this month (14-16 December) on the Australian Business Excellence Framework, an integrated leadership and management system that describes elements essential to sustainable organisational excellence.

The course will refer to three primary global business excellence models - the Australian Business Excellence Framework, the Baldrige Criteria and the EFQM Model - to provide participants with a clear understanding of how excellence models can be leveraged to drive continuous improvement and deliver business sustainability.

Organisations use the guidance of excellence models to improve financial performance, develop leadership capability, encourage innovation, increase efficiency and focus on stakeholder outcomes.

By the end of this course attendees will understand:

the benefits of using the framework

the underlying principles of the framework and its application to councils

business excellence concepts

process improvement and methodologies

how to assess, score and identify opportunities.

Local Government NSW Weekly 48/16 2 December 2016 Page 24

In the News

Item 20: Local Government NSW Media

View the latest media releases

Item 21: ALGA Newsletter

View the latest newsletter distributed by the Australia Local Government Association.