11.1 Chief Executive Officer - Shire of Augusta-Margaret River · SHIRE OF AUGUSTA -MARGARET RIVER...

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 24 MAY 2017

11.1 Chief Executive Officer 11.1.1 REVIEW OF STANDING ORDERS LOCAL LAW

Attachment 1 – Reviewed Standing Orders Local Law 2011 with tracked changes

SHIRE OF AUGUSTA -MARGARET RIVER STANDING ORDERS LOCAL LAW (AS AMENDED) 2011

Local Government Act 1995

SHIRE OF AUGUSTA -MARGARET RIVER

STANDING ORDERS LOCAL LAW 2011

CONTENTS

Part 1 - Preliminary

1.1 Citation

1.2 Commencement

1.3 Purpose and effect

1.4 Application

1.5 Interpretation

1.6 Repeal

Part 2 – Calling and Convening Meetings

2.1 Ordinary and special Council meetings

2.2 Calling Council meetings

2.3 Calling Committee meetings

2.4 Convening ordinary and special Council meetings

2.5 Convening ordinary and special Committee meetings

Part 3 - Presiding Member and Quorum

3.1 Who presides at Council meetings

3.2 When Deputy President can preside

3.3 Who presides if no President or Deputy President

3.4 Election of Presiding Members and Deputy Presiding Members of Committees

3.5 Functions of Deputy Presiding Members

3.6 Who acts if no Presiding Member

3.7 Quorum for meetings

3.8 Quorum to be present

3.9 Procedure if quorum not present

3.11 Debate on motion to be resumed

3.12 Names to be recorded


Part 4 - Business of the Meeting

4.1 Business to be specified in agenda

4.2 Meeting to proceed to business

4.3 Order of business

4.4 Leave of absence

4.5 Confirmation of minutes

4.6 Petitions

4.7 Announcements by the President

4.8 Questions by members of which due notice has been given

4.9 Reports

4.10 Motions of which previous notice has been given

4.11 Representation on external bodies

4.12 Urgent business

4.13 General business

4.14 Closure

Part 5 - Public Participation

5.1 Meetings generally open to the public

5.2 Procedure to close meetings to the public

5.3 Question time for the public

5.4 Question time for the public at certain meetings

5.5 Minimum question time for the public

5.7 Other procedures for question time for the public

5.8 Distinguished visitors

5.9 Deputations

5.10 Attending Committee meetings as an observer

5.11 Public inspection of agenda materials

5.12 Public access to unconfirmed minutes of meetings

5.13 Confidentiality of information withheld

5.14 Media attendance

5.15 Recording of meeting prohibited

5.16 Prevention of disturbance

Part 6 - Disclosure of Interests

6.1 Disclosure of members’ financial and proximity interests

6.2 Meeting to be informed of financial and proximity interests


6.3 Disclosing member not to participate

6.4 When disclosing members can participate

6.5 Invitation to return to provide information

6.6 Substitution of deputy at Committee meetings

6.7 Disclosure by members who are observers at Committee meetings

6.8 Disclosure of impartiality interests

6.9 Other persons to disclose impartiality interests

6.10 On-going disclosure required

6.11 Approval by Minister to be recorded

Part 7 - Conduct of Members

7.1 Official titles to be used

7.2 Members to occupy own seats

7.3 Members not to interrupt

7.4 No adverse reflection on decision

7.5 Offensive language

7.6 Direction to withdraw

7.7 Members who wish to speak

7.8 Priority of speaking

7.9 The Presiding Member may take part in debates

7.10 Relevance

7.11 Limitation on members speaking

7.12 Questions during debate

7.13 Re-opening discussion on decisions

Part 8 - Preserving Order

8.1 Presiding Member to preserve order

8.2 Points of order

8.3 Procedures on a point of order

8.4 Continued breach of order

8.5 Presiding Member may adjourn meeting

Part 9 - Motions and Amendments

9.1 Recommendations in reports

9.2 Adoption of recommendations en bloc

9.3 Motions

9.4 Motions to be seconded


9.5 Unopposed motions

9.6 Withdrawing motions

9.7 One motion at a time

9.8 Permissible motions on recommendation from Committee

9.9 Amendments

Part 10 - Debate of Motions

10.1 Order of call in debate

10.2 Limit of debate

10.3 Member may require motion to be read

10.4 Personal explanation

10.5 Crossing Council chambers or meeting room

10.6 Voting

10.7 Motion - when put

10.8 Method of taking vote

Part 11 - Revocation Motions

11.1 Requirements to revoke or change decisions

11.2 Revocation motion at the same meeting - procedures

11.3 Revocation motion after meeting - procedures

11.4 Implementation of a decision

Part 12 - Procedural Motions

12.1 Permissible procedural motions

12.2 No debate on procedural motions

12.3 Who may move

12.4 Procedural motions - right of reply on primary motion

Part 13 - Effect of Procedural Motions

13.1 The motion be deferred - effect of motion

13.2 The meeting now adjourn - effect of motion

13.3 The debate be adjourned - effect of motion

13.4 The motion be now put - effect of motion

13.5 The motion lie on the table - effect of motion

13.6 Meeting to proceed to the next business - effect of motion

13.7 Meeting be closed to members of the public - effect of motion

13.8 Ruling by the Presiding Member be overruled - effect of motion


13.9 Member be no longer heard - effect of motion

13.10 Item be referred back to Committee - effect of motion

Part 14 - Committees of the Council

14.1 Establishment, types and membership of Committees

14.2 Tenure of Committee membership

14.3 Delegation of power to Committees

14.4 Appointment of deputy members

14.5 Standing Orders apply to Committees

14.6 Communications by Committees

Part 15 - Procedural Matters

15.1 Presiding Member to ensure compliance

15.2 Suspension of Standing Orders

15.3 Cases not provided for in Standing Orders

15.4 Electors’ meetings

15.5 Electors' meetings - Standing Orders apply

15.6 Restriction on voting and speaking at electors’ meetings

15.7 Penalty for contravention of the Standing Orders

15.8 Who can prosecute

Part 16 - Common Seal

16.1 Custody of the Common Seal 16.2 Use of Common Seal

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Schedule 1 – Petition to the Shire of Augusta -Margaret River


Local Government Act 1995

Shire of Augusta -Margaret River

Standing Orders Local Law 2011 Under the powers conferred by the Local Government Act 1995 and under all other powers enabling it, the Council of the Shire of Augusta -Margaret River resolved on 25 May 2011 to make the following local law.

Part 1 - Preliminary 1.1 Citation This local law may be cited as the Shire of Augusta -Margaret River Standing Orders Local Law 2011. 1.2 Commencement This local law comes into operation 14 days after the date of its publication in the Government Gazette. 1.3 Purpose and effect (1) The purpose of the local law is to provide the rules for the conduct of meetings

of the Council, Committees and electors. (2) The effect of the local law is intended to result in -

(a) better decision-making at meetings; (b) the orderly and efficient conduct of meetings; and (c) greater community understanding of the business of the Council.

1.4 Application All meetings of the Council, Committees and the electors are to be conducted in accordance with the Act, the Regulations and the local law. 1.5 Interpretation (1) In the local law, unless the contrary otherwise requires -

absolute majority has the meaning given to it in the Act;

s1.4 LGA In this Act, unless the contrary intention appears —

absolute majority —


(a) in relation to a council, means a majority comprising enough of the members for the time being of the council for their number to be more than 50% of the number of offices (whether vacant or not) of member of the council;

(b) in relation to any other body, means a majority comprising enough of the persons for the time being constituting the body for their number to be more than 50% of the number of offices (whether vacant or not) on the body;

Act means the Local Government Act 1995; CEO means the Chief Executive Officer of the Shire; Committee means a Committee of the Council established under the Act; Council means the Council of the Shire; Councillor has the same meaning as is given to it in the Act;

s1.4 LGA councillor means a person who holds the office of councillor on a council (including a person who

holds another office under section 2.17(2)(a) or (b) as well as the office of councillor);

deputation means a verbal submission at a Council or Committee meeting on an agenda item made by a person who has a direct interest in the agenda item; employee means an employee of the Shire; external body includes - (a) a Voluntary Organisation of Councils (VROC); (b) an incorporated or unincorporated association;

(c) a trust;

(d) a tribunal;

(e) a government agency, instrumentality, board or committee; and

(f) any other external body,

to which the Shire is entitled, or has been invited, to provide a representative; implement, in relation to a decision, includes - (a) communicate notice of the decision to a person affected by, or


with an interest in, the decision; and (b) take other action to give effect to the decision; member - (a) in relation to the Council, has the meaning given to it in the Act;

and s1.4 LGA

member, in relation to the council of a local government, means — (a) an elector mayor or president of the local government; or (b) a councillor on the council (including a councillor who holds another office

under section 2.17(2)(a) or (b) as well as the office of councillor);

(b) in relation to a Committee, means a member of the Committee; Minister means the Minister responsible for administering the Act; President means the President of the Shire; Presiding Member means - (a) in respect of the Council, the person presiding under section 5.6

of the Act; and (b) in respect of a Committee, the person presiding under sections

5.12, 5.13 and 5.14 of the Act; primary motion means an original motion or an original motion as amended, but does not include an amendment motion or a procedural motion; Regulations means the Local Government (Administration) Regulations 1996; revocation motion means a motion to revoke or change a decision made at a Council or Committee meeting; Rules of Conduct Regulations means the Local Government (Rules of Conduct) Regulations 2007; Shire means the Shire of Augusta -Margaret River; simple majority means more than 50% of the members present and voting at meetings; standing orders means the meeting procedures and/or rules on the conduct and behaviour of persons at a meeting of the Council, Committee or electors, as set out in this local law; and


urgent business means business dealt with in accordance with clause 4.12.

(2) Unless otherwise defined, the terms used in this local law have the meaning given to them in the Act and Regulations.

1.6 Repeal The Shire of Augusta -Margaret River Standing Orders Local Law 2007 published in the Government Gazette on 30 October 2007 is repealed.


Part 2 – Calling and Convening Meetings

2.1 Ordinary and special Council meetings

(1) Ordinary and special Council meetings are dealt with in the Act.

LGA 5.3. Ordinary and special council meetings

(1) A council is to hold ordinary meetings and may hold special meetings. (2) Ordinary meetings are to be held not more than 3 months apart. (3) If a council fails to meet as required by subsection (2) the CEO is to notify the Minister

of that failure.

(2) An ordinary meeting of the Council, held twice a month or otherwise as

determined by the Council, is for the purpose of considering and dealing with the ordinary business of the Council.

(3) A special meeting of the Council is held for the purpose of considering and

dealing with Council business that is urgent, complex in nature, for a particular purpose or confidential.

2.2 Calling Council meetings The calling of Council meetings is dealt with in the Act. LGA 5.4. Calling council meetings An ordinary or a special meeting of a council is to be held — (a) if called for by either — (i) the mayor or president; or (ii) at least 1/3 of the councillors, in a notice to the CEO setting out the date and purpose of the proposed meeting;

or (b) if so decided by the council. 2.3 Calling Committee meetings A meeting of a Committee is to be held -

(a) in the case of a special meeting, if called for in a written notice to the CEO by the Presiding Member, setting out the date and purpose of the proposed meeting;

(b) in the case of a special meeting, if called for by at least two members of

the Committee in a written notice to the CEO, setting out the date and purpose of the proposed meeting; or


(c) in the case of an ordinary or special meeting, if so decided by the

Council or the Committee. 2.4 Convening ordinary and special Council meetings The convening of ordinary and special Council meetings is dealt with in the Act. LGA s5.5. Convening council meetings (1) The CEO is to convene an ordinary meeting by giving each council member at least

72 hours’ notice of the date, time and place of the meeting and an agenda for the meeting.

(2) The CEO is to convene a special meeting by giving each council member notice, before the meeting, of the date, time, place and purpose of the meeting.

2.5 Convening ordinary and special Committee meetings (1) The CEO is to convene an ordinary meeting of a Committee by giving each

member at least 72 hours’ notice of the date, time, place and an agenda for the meeting.

(2) The CEO is to convene a special meeting of a Committee by giving each

member notice, before the meeting, of the date, time, place and an agenda for the meeting.

(3) The CEO is to give notice of meetings referred to in subclauses (1) and (2) to

every member of the Council.


Part 3 - Presiding Member and Quorum 3.1 Who presides at Council meetings Who presides at a Council meeting is dealt with in the Act. s5.6(1) LGA The mayor or president is to preside at all meetings of the council. 3.2 When Deputy President can preside When the Deputy President can preside is dealt with in the Act. s5.6(2) LGA If the circumstances mentioned in section 5.34(a) or (b) apply the deputy mayor or deputy president may preside at a meeting of the council in accordance with that section. s5.34 LGA If — (a) the office of mayor or president is vacant; or (b) the mayor or president is not available or is unable or unwilling to perform the

functions of the mayor or president, then the deputy mayor may perform the functions of mayor and the deputy president may perform the functions of president, as the case requires.

3.3 Who presides if no President or Deputy President Who presides if the President or Deputy President is absent or unavailable is dealt with in the Act.

S5.6(3) LGA

If the circumstances mentioned in section 5.34(a) or (b) apply and — (a) the office of deputy mayor or deputy president is vacant; or (b) the deputy mayor or deputy president is not available or is unable or unwilling to

perform the functions of mayor or president,

then, the council is to choose one of the councillors present to preside at the meeting. 3.4 Election of Presiding Members and Deputy Presiding Members of

Committees The election of Presiding Members and Deputy Presiding Members is dealt with in the Act.

s5.12 LGA

(1) The members of a committee are to elect a presiding member from amongst themselves in accordance with Schedule 2.3, Division 1 as if the references in that Schedule —


(a) to “office” were references to “office of presiding member”; (b) to “council” were references to “committee”; and (c) to “councillors” were references to “committee members”.

(2) The members of a committee may elect a deputy presiding member from amongst themselves but any such election is to be in accordance with Schedule 2.3, Division 2 as if the references in that Schedule —

(a) to “office” were references to “office of deputy presiding member”; (b) to “council” were references to “committee”; (c) to “councillors” were references to “committee members”; and (d) to “mayor or president” were references to “presiding member”.

Schedule 2.3 — Division 1 — Mayors and presidents 1. Terms used

In this Division — extraordinary vacancy means a vacancy that occurs under section 2.34(1); the office means the office of councillor mayor or president. 2. When council elects mayor or president

(1) The office is to be filled as the first matter dealt with — (a) at the first meeting of the council after an inaugural election or a section 4.13 or 4.14 election or after an ordinary elections day; and (b) at the first meeting of the council after an extraordinary vacancy occurs in the office.

(2) If the first ordinary meeting of the council is more than 3 weeks after an extraordinary vacancy occurs in the office, a special meeting of the council is to be held within that period for the purpose of filling the office.

3. CEO to preside

The CEO is to preside at the meeting until the office is filled.

4. How mayor or president is elected

(1) The council is to elect a councillor to fill the office.

(2) The election is to be conducted by the CEO in accordance with the procedure prescribed.

(3) Nominations for the office are to be given to the CEO in writing before the meeting or during the meeting before the close of nominations.

(3a) Nominations close at the meeting at a time announced by the CEO, which is to be a sufficient time after the announcement by the CEO that nominations are about to close to allow for any nominations made to be dealt with.

(4) If a councillor is nominated by another councillor the CEO is not to accept the nomination unless the nominee has advised the CEO, orally or in writing, that he or she is willing to be nominated for the office.


(5) The councillors are to vote on the matter by secret ballot as if they were electors voting at an election.

(6) Subject to clause 5(1), the votes cast under subclause (5) are to be counted, and the successful candidate determined, in accordance with Schedule 4.1 (which deals with determining the result of an election) as if those votes were votes cast at an election.

(7) As soon as is practicable after the result of the election is known, the CEO is to declare and give notice of the result in accordance with regulations, if any.

5. Votes may be cast a second time

(1) If when the votes cast under clause 4(5) are counted there is an equality of votes between 2 or more candidates who are the only candidates in, or remaining in, the count, the count is to be discontinued and the meeting is to be adjourned for not more than 7 days.

(2) Any nomination for the office may be withdrawn, and further nominations may be made, before or when the meeting resumes.

(3) When the meeting resumes the councillors are to vote again on the matter by secret ballot as if they were electors voting at an election.

(4) The votes cast under subclause (3) are to be counted, and the successful candidate determined, in accordance with Schedule 4.1 as if those votes were votes cast at an election.

Division 2 — Deputy mayors and deputy presidents 6. Terms used

In this Division — extraordinary vacancy means a vacancy that occurs under section 2.34(1); the office means the office of deputy mayor or deputy president. 7. When the council elects the deputy mayor or deputy president

(1) If the local government has an elector mayor or president the office of deputy mayor or deputy president is to be filled as the first matter dealt with — (a) at the first meeting of the council after an inaugural election or a section 4.13 or 4.14 election or after an ordinary elections day; and (b) at the first meeting of the council after an extraordinary vacancy occurs in the office.

(2) If the local government has a councillor mayor or president the office of deputy mayor or deputy president is to be filled — (a) as the next matter dealt with after the mayor or president is elected at the first meeting of the council after an inaugural election or a section 4.13 or 4.14 election or after an ordinary elections day; and (b) subject to subclause (3), as the first matter dealt with at the first meeting of the council after an extraordinary vacancy occurs in the office.

(3) If at a meeting referred to in clause 2(1)(b) the deputy mayor or deputy president is elected to be the mayor or president, the resulting extraordinary vacancy in the office is to be filled as the next matter dealt with at the same meeting.

8. How deputy mayor or deputy president is elected


(1) The council is to elect a councillor (other than the mayor or president) to fill the office.

(2) The election is to be conducted in accordance with the procedure prescribed by the mayor or president, or if he or she is not present, by the CEO.

(3) Nominations for the office are to be given to the person conducting the election in writing before the meeting or during the meeting before the close of nominations.

(3a) Nominations close at the meeting at a time announced by the person conducting the election, which is to be a sufficient time after the announcement by that person that nominations are about to close to allow for any nominations made to be dealt with.

(4) If a councillor is nominated by another councillor the person conducting the election is not to accept the nomination unless the nominee has advised the person conducting the election, orally or in writing, that he or she is willing to be nominated for the office.

(5) The council members are to vote on the matter by secret ballot as if they were electors voting at an election.

(6) Subject to clause 9(1) the votes cast under subclause (5) are to be counted, and the successful candidate determined, in accordance with Schedule 4.1 as if those votes were votes cast at an election.

(7) As soon as is practicable after the result of the election is known, the person conducting the election is to declare and give notice of the result in accordance with regulations, if any.

9. Votes may be cast a second time

(1) If, when the votes cast under clause 8(5) are counted, there is an equality of votes between 2 or more candidates who are the only candidates in, or remaining in, the count, the count is to be discontinued and, not more than 7 days later, a special meeting of the council is to be held.

(2) Any nomination for the office may be withdrawn, and further nominations may be made, before or when the special meeting is held.

(3) When the special meeting is held the council members are to vote again on the matter by secret ballot as if they were voting at an election.

(4) The votes cast under subclause (3) are to be counted, and the successful candidate determined, under Schedule 4.1 as if those votes were votes cast at an election.

3.5 Functions of Deputy Presiding Members The functions of Deputy Presiding Members are dealt with in the Act. LGA s5.34. When deputy mayors and deputy presidents can act

If — (a) the office of mayor or president is vacant; or (b) the mayor or president is not available or is unable or unwilling to perform the

functions of the mayor or president,

then the deputy mayor may perform the functions of mayor and the deputy president may perform the functions of president, as the case requires.


3.6 Who acts if no Presiding Member Who acts if there is no Presiding Member is dealt with in the Act. LGA 5.34. When deputy mayors and deputy presidents can act

If — (a) the office of mayor or president is vacant; or (b) the mayor or president is not available or is unable or unwilling to perform the

functions of the mayor or president, then the deputy mayor may perform the functions of mayor and the deputy president

may perform the functions of president, as the case requires. 5.35. Who acts if no mayor, president or deputy

(1) If the circumstances mentioned in section 5.34(a) or (b) apply and — (a) the office of deputy mayor or deputy president is vacant; or (b) the deputy mayor or deputy president is not available or is unable or unwilling to

perform the functions of mayor or president, and the mayor or president or deputy will not be able to perform the functions of the

mayor or president for a time known to the council, then the council may appoint a councillor to perform during that time the functions of mayor or president, as the case requires.


perform the functions of mayor or president, and a person has not been appointed under subsection (1), the CEO, after consultation

with, and obtaining the agreement of, 2 councillors selected by the CEO, may perform the functions of mayor or president, as the case requires.

3.7 Quorum for meetings The quorum for meetings is dealt with in the Act and Regulations. LGA 5.19. Quorum for meetings The quorum for a meeting of a council or committee is at least 50% of the number of

offices (whether vacant or not) of member of the council or the committee. 3.8 Quorum to be present The Council or a Committee is not to transact business at a meeting unless a quorum is present.


3.9 Procedure if quorum not present The procedure if a quorum is not present to begin a meeting is dealt with in the Regulations. r8 LG (Admin) Regulations

If a quorum has not been established within the 30 minutes after a council or committee meeting is due to begin then the meeting can be adjourned —

(a) in the case of a council, by the mayor or president or if the mayor or president is not present at the meeting, by the deputy mayor or deputy president; or

(b) in the case of a committee, by the presiding member of the committee or if the presiding member is not present at the meeting, by the deputy presiding member; or

(c) if no person referred to in paragraph (a) or (b), as the case requires, is present at the meeting, by a majority of members present; or

(d) if only one member is present, by that member; or (e) if no member is present or if no member other than the CEO is present, by the

CEO or a person authorised by the CEO.

3.10 Loss of quorum during a meeting (1) If at any time during a meeting a quorum is not present, the Presiding Member

upon becoming aware of that fact is to suspend the proceedings of the meeting for up to 15 minutes.

(2) If a quorum is not present at the expiration of the period in subclause (1), the

Presiding Member may suspend the proceedings of the meeting for a further period of up to 15 minutes or adjourn the meeting to a future time and date.

(3) A record is to be taken of all those who have spoken on the subject under

consideration at the time of the adjournment.

3.11 Debate on motion to be resumed (1) Where the debate on any motion is interrupted at a Council or Committee

meeting which is adjourned under clause 3.10, that debate is to be resumed at the next meeting at the point where it was so interrupted.

(2) Where the interruption in subclause (1) occurs at an ordinary meeting the

resumption is to be at the next ordinary meeting unless a special meeting is called earlier for the purpose.

(3) Where the interruption in subclause (1) is at a special meeting, the resumption is

to be at the next special meeting called to consider the same business or at the next ordinary meeting if it occurs before a special meeting can be called.

3.12 Names to be recorded


At any meeting - (a) at which there is not a quorum of members present; or (b) which is adjourned under clause 3.10, the names of the members then present are to be recorded in the minutes of the meeting.


Part 4 - Business of the Meeting

4.1 Business to be specified in agenda (1) No business is to be transacted at any ordinary meeting of the Council or

Committee other than that specified in the agenda without the approval of the Presiding Member or a decision of the Council or Committee, except matters which the Act or this local law permits to be dealt with without notice.

(2) No business is to be transacted at a special meeting of the Council or

Committee other than that specified in the agenda, and to which notice as to the purpose of the meeting has been given.

(3) No business is to be transacted at an adjourned meeting of the Council or a

Committee other than that -

(a) specified in the agenda of the meeting which had been adjourned; and (b) which remains unresolved,

except in the case of an adjournment to the next ordinary meeting of the Council or the Committee, when the business unresolved at the adjourned meeting is to be the first business to be considered at that ordinary meeting.

4.2 Meeting to proceed to business A meeting is to proceed to business as soon after the time stated in the notice as a quorum is constituted. 4.3 Order of business (1) Unless otherwise decided by the Council the order of business at an ordinary

meeting of the Council is to be as follows -

(a) declaration of opening; (b) apologies; (c) approved members’ leave of absence; (d) disclosure of members’ interests; (e) public question time; (f) applications for members’ leave of absence; (g) confirmation of minutes; (h) deputations; (i) petitions; (j) announcements by the President; (k) questions by members of which due notice has been given; (l) reports; (m) motions of which previous notice has been given; (n) motions for consideration at the next meeting; (o) new business of an urgent nature; (p) matters for which the meeting may be closed; (q) closure.


(2) Unless otherwise decided by the Committee, the order of business at any

ordinary meeting of the Committee is to be as follows -

(a) declaration of opening; (b) apologies; (c) question time for the public (subject to clause 5.7(5)); (d) disclosure of members’ interests; (e) confirmation of minutes; (f) business arising from the minutes; (g) reports; (h) general business; (i) matters for which the meeting may be closed; (j) closure.

(3) Unless otherwise decided by the members present, the order of business at any

special meeting of the Council or a Committee is to be the order in which that business stands in the agenda of the meeting.

4.4 Leave of absence The grant of leave of absence is dealt with in the Act. s2.25 LGA

(1) A council may, by resolution, grant leave of absence, to a member. (2) Leave is not to be granted to a member in respect of more than 6 consecutive ordinary

meetings of the council without the approval of the Minister, unless all of the meetings are within a period of 3 months.

(3A) Leave is not to be granted in respect of — (a) a meeting that has concluded; or (b) the part of a meeting before the granting of leave. (3) The granting of the leave, or refusal to grant the leave and reasons for that refusal, is to

be recorded in the minutes of the meeting. (4) A member who is absent, without obtaining leave of the council, throughout 3

consecutive ordinary meetings of the council is disqualified from continuing his or her membership of the council, unless all of the meetings are within a 2 month period.

(5A) If a council holds 3 or more ordinary meetings within a 2 month period, and a member is absent without leave throughout each of those meetings, the member is disqualified if he or she is absent without leave throughout the ordinary meeting of the council immediately following the end of that period.

(5) The non-attendance of a member at the time and place appointed for an ordinary meeting of the council does not constitute absence from an ordinary meeting of the council —

(a) if no meeting of the council at which a quorum is present is actually held on that day; or

(b) if the non-attendance occurs —


(i) while the member has ceased to act as a member after written notice has been given to the member under section 2.27(3) and before written notice has been given to the member under section 2.27(5); or

(ii) while proceedings in connection with the disqualification of the member have been commenced and are pending; or

(iiia) while the member is suspended under section 5.117(1)(a)(iv); or (iii) while the election of the member is disputed and proceedings relating to

the disputed election have been commenced and are pending. (6) A member who before the commencement of the Local Government Amendment

Act 2009 section 5 1 was granted leave during an ordinary meeting of the council from which the member was absent is to be taken to have first obtained leave for the remainder of that meeting.

4.5 Confirmation of minutes

(1) Confirmation of minutes is dealt with in the Act.

s5.22 LGA

(2) The minutes of a meeting of a council or a committee are to be submitted to the next ordinary meeting of the council or the committee, as the case requires, for confirmation.

(3) The person presiding at the meeting at which the minutes are confirmed is to sign the minutes and certify the confirmation.

(2) When minutes are being confirmed, discussion is not to be permitted other than

discussion as to their accuracy as a record of the proceedings. 4.6 Petitions (1) A petition received by a member or the CEO is to be presented to the next

ordinary Council meeting. (2) A petition to the Council is -

(a) as far as practicable to be prepared in the form prescribed in Schedule

1;

(b) to be addressed to the Council and forwarded to a member or the CEO; (c) to state the name and address of the person to whom correspondence in

respect of the petition may be served; and

(d) to be respectful and temperate in its language.

(3) The presentation of a petition is to be confined to the reading of the petition.


(4) The only motions in respect of a petition that are in order are that - (a) the petition be received; (b) a report on the petition be prepared; or (c) the petition be referred to a Committee.

4.7 Announcements by the President (1) At any meeting of the Council the President may -

(a) announce or raise any matter of interest or relevance to the business of the Council, and

(b) inform the Council of official duties performed or functions attended.

(2) Announcements by the Presiding Member are -

(a) to be brief and concise; (b) to be completed within 10 minutes; and (c) not to be the subject of any discussion.

4.8 Questions by members of which due notice has been given (1) A member who wishes to ask a question at a meeting of the Council is to give to

the CEO written notice of the text of the question at least 8 hours before the meeting of the Council, and the question is to, as far as practicable, be answered in writing at that meeting.

(2) As far as practicable, the CEO is to ensure that a written answer to a question

under subclause (1) is to be given at the meeting. (3) If the CEO considers that the question breaches or may breach this local law or

any other law -

(a) the CEO is to refer the question to the President; (b) the President is to exclude the question if he or she concurs with the

view of the CEO; and (c) if the question is excluded, the CEO is to give all members, as soon as

practicable but not later than the next ordinary meeting, the reasons for the exclusion.

(4) Notice of a question that is not excluded is to be included, if practicable, in the

agenda, or is otherwise to be tabled at the meeting.


(5) Every question and answer is to be submitted as briefly and concisely as

possible, and no discussion is to be allowed unless with the consent of the President.

4.9 Reports

(1) The functions of the CEO, including providing advice to the Council and Committees and implementing decisions, are dealt with in the Act.

s5.41 LGA

The CEO’s functions are to — (a) advise the council in relation to the functions of a local government under this

Act and other written laws; (b) ensure that advice and information is available to the council so that informed

decisions can be made; (c) cause council decisions to be implemented; (d) manage the day to day operations of the local government; (e) liaise with the mayor or president on the local government’s affairs and the

performance of the local government’s functions; (f) speak on behalf of the local government if the mayor or president agrees; (g) be responsible for the employment, management supervision, direction and

dismissal of other employees (subject to section 5.37(2) in relation to senior employees);

(h) ensure that records and documents of the local government are properly kept for the purposes of this Act and any other written law; and

(i) perform any other function specified or delegated by the local government or imposed under this Act or any other written law as a function to be performed by the CEO.

(2) The CEO may prepare or cause to be prepared a report on an item that in the

CEO’s opinion requires consideration by the Council or the Committee, including any report of a late or urgent nature.

(3) Where a report has been prepared in accordance with subclause (2), the CEO is

to deliver the report to members of the Council or the Committee (as the case may be) or, in the case of urgency or other special circumstances, table the report at the meeting.

(4) The CEO may, with the consent of the Presiding Member, withdraw an item or

report listed in the agenda. 4.10 Motions of which previous notice has been given (1) Unless the Act, Regulations or the Standing Orders otherwise provide, a

member may raise at a meeting such business as he or she considers appropriate, in the form of a motion, of which notice has been given in writing to


the CEO. (2) A notice of motion under subclause (1) is to be signed by the member and given

to the CEO at least 5 clear working days before the meeting at which the motion is to be moved.

(3) A notice of motion must relate to a matter for which the Council is responsible. (4) The CEO -

(a) may with the concurrence of the Presiding Member, exclude from the agenda any notice of motion that they consider to be out of order; or

(b) may after consultation with the member who gave notice of the motion,

make such amendments to the form but not the substance to bring the notice of motion into due form; and

(c) must provide relevant and material facts and circumstances pertaining to

the notice of motion on matters such as policy, financial and legal implications.

(5) If a notice of motion is excluded under subclause (4)(a), the CEO is to provide

the reason for its exclusion to all members as soon as practicable. (6) A notice of motion is to be out of order because -

(a) the proposal involved is considered to be objectionable; or (b) it raises a matter for which the Council is not responsible unless, in the

opinion of the Presiding Member, the matter is one of significant public interest or importance.

(7) A motion of which notice has been given is to lapse unless -

(a) the member who gave notice, or another member authorised by him or her in writing, moves the motion when called on; or

(b) the Council or Committee on a motion agrees to defer consideration of

the motion to a later stage or date. (8) If a notice of motion is given and lapses, a notice of motion in the same terms or

to the same effect may be given for consideration at a subsequent meeting of the Council or Committee, but if the motion again lapses, the Council or Committee is not to consider a motion in the same terms or to the same effect at a subsequent meeting until at least 3 months have elapsed from the date of the meeting at which the motion last lapsed.

(9) For the purposes of clarification, where a notice of motion is moved and

seconded at a meeting of the Council or Committee, it is to be treated as a primary motion.

Commented [CS1]: Other LG have 5 - 21 clear working days


4.11 Representation on external bodies (1) Correspondence inviting the Council to submit a nomination for appointment to

an external body is to be referred by the CEO to the Council or an appropriate Committee.

(2) When speaking or voting on any item or business at a meeting of an external

body, a member appointed to that body is to have regard to the decisions, policies and practices of the Shire.

4.12 Urgent business (1) In cases of extreme urgency, matters may, on a motion that is carried by the

meeting, be raised without notice and decided by the meeting. (2) In subclause (1), cases of extreme urgency means matters that have arisen

after the distribution of the agenda are considered by the meeting to be of such importance and urgency that -

(a) the nature of the business is such that the business cannot await

inclusion in the agenda for the next meeting; or

(b) the delay in referring the business to the next meeting could have adverse legal or financial implications for the Shire.

(3) Before debate begins on a matter under this clause that is not the subject of a

written employee report to the meeting - (a) the Presiding Member is to ask the CEO to give; and

(b) the CEO, or the CEO’s nominee, is to give, a verbal report to the

meeting. (4) The minutes of the meeting are to include -

(a) a summary of the verbal report and any recommendations of the CEO or the CEO’s nominee; and

(b) the reasons for any decision made at the meeting that is significantly

different from any recommendations of the CEO or the CEO’s nominee. 4.13 General business (1) A member may raise any item of general business at a Committee meeting that

they consider requires the attention of the Committee within its role as established by the Council.

(2) If a Committee wishes to take further action after discussing an item raised

under subclause (1), it must first ask the CEO to prepare a report on the item and consider that report.


4.14 Closure At the conclusion of all business or when otherwise determined by the meeting, the Presiding Member is to declare the meeting closed and the closing time is to be recorded in the minutes of the meeting.


Part 5 - Public Participation

5.1 Meetings generally open to the public Meetings being generally open to the public is dealt with in the Act. LGA 5.23. Meetings generally open to public

(1) Subject to subsection (2), the following are to be open to members of the public — (a) all council meetings; and (b) all meetings of any committee to which a local government power or duty has

been delegated. (2) If a meeting is being held by a council or by a committee referred to in subsection (1)(b),

the council or committee may close to members of the public the meeting, or part of the meeting, if the meeting or the part of the meeting deals with any of the following —

(a) a matter affecting an employee or employees; (b) the personal affairs of any person; (c) a contract entered into, or which may be entered into, by the local government

and which relates to a matter to be discussed at the meeting; (d) legal advice obtained, or which may be obtained, by the local government and

which relates to a matter to be discussed at the meeting; (e) a matter that if disclosed, would reveal — (i) a trade secret; (ii) information that has a commercial value to a person; or (iii) information about the business, professional, commercial or financial

affairs of a person, where the trade secret or information is held by, or is about, a person other than

the local government; (f) a matter that if disclosed, could be reasonably expected to — (i) impair the effectiveness of any lawful method or procedure for

preventing, detecting, investigating or dealing with any contravention or possible contravention of the law;

(ii) endanger the security of the local government’s property; or (iii) prejudice the maintenance or enforcement of a lawful measure for

protecting public safety; (g) information which is the subject of a direction given under section 23(1a) of the

Parliamentary Commissioner Act 1971; and (h) such other matters as may be prescribed. (3) A decision to close a meeting or part of a meeting and the reason for the decision are to

be recorded in the minutes of the meeting.


5.2 Procedure to close meetings to the public (1) The CEO may, at any time, recommend that a meeting or part of a meeting be

closed to members of the public. (2) The Council or a Committee, in one or more of the circumstances dealt with in

the Act, may at any time, by resolution, decide to close a meeting or part of a meeting.

(3) If a resolution under subclause (2) is carried -

(a) the Presiding Member is to direct everyone to leave the meeting except -

(i) the members; (ii) the CEO; and (iii) any officer specified by the Presiding Member; and

(b) the meeting is to be closed to the public until, at the conclusion of the

matter justifying the closure of the meeting to the public, the Council or the Committee, by resolution, decides otherwise.

(4) A person who fails to comply with a direction under subclause (3) may, by order

of the Presiding Member, be removed from the meeting. (5) A resolution under this clause may be made without notice of the relevant

motion. (6) Unless the Council or Committee resolves otherwise, once the meeting is re-

opened to members of the public the Presiding Member is to ensure that any resolution of the Council or Committee made while the meeting was closed is to be read out including the details of any voting recorded.

5.3 Question time for the public Question time for the public at meetings is dealt with in the Act. LGA 5.24. Question time for public

(1) Time is to be allocated for questions to be raised by members of the public and responded to at —

(a) every ordinary meeting of a council; and (b) such other meetings of councils or committees as may be prescribed. (2) Procedures and the minimum time to be allocated for the asking of and responding to

questions raised by members of the public at council or committee meetings are to be in accordance with regulations.


5.4 Question time for the public at certain meetings Question time for the public at certain meetings is dealt with in the Regulations.

LG (Admin) Regulations

7 Question time for public, meetings that require prescribed (Act s. 5.24)

For the purposes of section 5.24(1)(b), the meetings at which time is to be allocated for questions to be raised by members of the public and responded to are —

(a) every special meeting of a council; (b) every meeting of a committee to which the local government has delegated a

power or duty. 5.5 Minimum question time for the public Minimum question time for the public is dealt with in the Regulations.


6. Question time for public, minimum time for (Act s. 5.24(2))

(1) The minimum time to be allocated for the asking of and responding to questions raised by members of the public at ordinary meetings of councils and meetings referred to in regulation 5 is 15 minutes.

(2) Once all the questions raised by members of the public have been asked and responded to at a meeting referred to in subregulation (1), nothing in these regulations prevents the unused part of the minimum question time period from being used for other matters.

5.6 Procedures for question time for the public Procedures for question time for the public is dealt with in the Regulations.


7. Question time for public, procedure for (Act s. 5.24(2))

(1) Procedures for the asking of and responding to questions raised by members of the public at a meeting referred to in regulation 6(1) are to be determined —

(a) by the person presiding at the meeting; or (b) in the case where the majority of members of the council or committee present at

the meeting disagree with the person presiding, by the majority of those members,

having regard to the requirements of subregulations (2), (3) and (5).

(2) The time allocated to the asking of and responding to questions raised by members of the public at a meeting referred to in regulation 6(1) is to precede the discussion of any


matter that requires a decision to be made by the council or the committee, as the case may be.

(3) Each member of the public who wishes to ask a question at a meeting referred to in regulation 6(1) is to be given an equal and fair opportunity to ask the question and receive a response.

(4) Nothing in subregulation (3) requires — (a) a council to answer a question that does not relate to a matter affecting the local

government; or (b) a council at a special meeting to answer a question that does not relate to the

purpose of the meeting; or (c) a committee to answer a question that does not relate to a function of the

committee.

(5) If, during the time allocated for questions to be raised by members of the public and responded to, a question relating to a matter in which a relevant person has an interest, as referred to in section 5.60, is directed to the relevant person, the relevant person is to —

(a) declare that he or she has an interest in the matter; and (b) allow another person to respond to the question.

[Regulation 7 amended in Gazette 28 Jun 2002 p. 3079.] 5.7 Other procedures for question time for the public

(1) Questions asked by the public are to be asked by the author and relate to the business of the Council and are not to be in the form of a statement or a personal opinion..

(2) Unless determined otherwise under the Regulations, the procedure for the asking of and responding to questions raised by members of the public at a meeting shall be as follows - (a) a member of the public who raises a question during question time is to

state their name and address; (b) it is preferred that questions be submitted in writing in which case they

will be read out by the CEO but questions may be asked orally; (c) questions are to be answered by the member or employee nominated by

the Presiding Member;ensure that the question is not accompanied by an expression of opinion, statement of fact or other comment, except sofar as may be necessary to explain the question;

(d) questions may be taken on notice, at the determination of the Presiding

Member, and the Presiding Member may determine that any complex question requiring research be answered only in writing;

(e) no discussion of a question or answer is to take place; and

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(f) when a question is taken on notice under subclause (d) a response is to be given to the member of the public in writing, and a copy is to be included in the agenda of the next meeting of the Council or Committee as the case requires.

(3) The Presiding Member may reject any question that may be deemed offensive

towards, or reflect adversely upon the character and/or any actions, of any member of the Council or employee of the Shire.Unless the Presiding Member determines otherwise, a maximum of 20 minutes will be allowed for public question time.

(4) Unless the Presiding Member determines otherwise, each member of the public

with a question is entitled to ask up to 2 questions before other members of the public will be invited to ask their questions.

(4) Where a response to a question is given at a meeting, a summary of the question and the response is to be included in the minutes of the meeting. (9) Where a response to a question is given at a meeting, a summary of the

question and the response is to be included in the minutes.

(10) The Presiding Member may decide that a question is not to be responded to where:

(a) the same or similar question was asked at a previous meeting, a

response was provided and the person who asked the question is directed to the minutes of the meeting at which the response was provided;

(b) the member of the public has asked a number of questions about the same or similar matter and the Presiding Member is of a view that the question or questions have already been answered or the matter adequately dealt with.

(c) the member of the public uses question time to make a statement; (d) the question is deemed offensive towards, or reflect adversely upon the

character and/or any actions, of any member of the Council or employee of the Shire; or

(e) the question does not relate to business of the Council.

(115) There is to be no public question time in meetings of Committees other than a

Committee to which the Council has delegated a power or duty, or which is open to the public.

5.8 Distinguished visitors If a distinguished visitor is present at a meeting of the Council or a Committee, the Presiding Member may -

(a) invite the person to sit beside the Presiding Member or at the meeting table;

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(b) acknowledge the presence of the distinguished visitor at an appropriate

time during the meeting;

(c) direct that the presence of the distinguished visitor be recorded in the minutes.

5.9 Deputations (1) Any person or group wishing to be received as a deputation by the Council or

Committee is to -

(a) apply in writing, at least 5 clear4 working days before the meeting, to the CEO Presiding Member for approval; and

(b) include with the application information relating to the subject matter to

be raised by the deputation in concise terms, but in sufficient detail to provide a general understanding of the purpose of the deputation.

(2) The CEO is to refer to the Presiding Member -

(a) a copy or a summary of the application; and

(b) the CEO’s recommendation, with reasons, whether or not the application should be approved.

(32) The Presiding Member may -

(a) grant or refuse the application, with or without conditions; or

(b) refer it to the Council or Committee (as the case may be) for determination.

(43) If the Presiding Member refuses application, he or she is to report to the Council

or Committee (as the case may be), at its next meeting, the details of the application and the reasons for its refusal.

(54) Unless the Council or CommitteePresiding Member resolves otherwise, a

deputation invited to attend a Council or Committee meeting:

(a) is not to exceed 3 persons; (b) may address the Council or Committee for up to 5 minutes each (or for

up to 10 minutes if only one person speaks), unless the time is extended by the Council or CommitteePresiding Member; and

(c) may also respond to questions from Members.

(65) For the purpose of determining who may address the Council or Committee on

an issue, all those people either in favour of or opposed to an item for consideration are deemed to comprise a single deputation.


(76) A matter which is the subject of a deputation to a Committee is not to be decided by that Committee until the deputation has completed its presentation.

5.10 Attending Committee meetings as an observer (1) A Councillor may attend any meeting of a Committee as an observer, even if the

Councillor is not a member of that Committee. (2) A deputy to a member of a Committee appointed under clause 14.4 may attend

a meeting of that Committee as an observer, even if the deputy is not acting in the capacity of the member.

(3) The Councillor in the case of subclause (1), or deputy to a member attending a

Committee meeting as an observer in the case of subclause (2) -

(a) may, with the consent of the Presiding Member, speak, but cannot vote, on any motion before the Committee; and

(b) must sit in the area set aside for observers separated from the

Committee members. 5.11 Public inspection of agenda materials Public inspection of agenda materials is dealt with in the Regulations. LG (Admin) Regulations 14. Notice papers, agenda etc., public inspection of (Act s. 5.25(1)(j))

(1) A local government is to ensure that notice papers and agenda relating to any council or committee meeting and reports and other documents which —

(a) are to be tabled at the meeting; or (b) have been produced by the local government or a committee for presentation at

the meeting,

and which have been made available to members of the council or committee for the meeting are available for inspection by members of the public from the time the notice papers, agenda or documents were made available to the members of the council or committee.

(2) Nothing in subregulation (1) entitles members of the public to inspect the information referred to in that subregulation if, in the CEO’s opinion, the meeting or that part of the meeting to which the information refers is likely to be closed to members of the public under section 5.23(2).

5.12 Public access to unconfirmed minutes of meetings Public access to unconfirmed minutes of Council and Committee meetings is dealt with in the Regulations. LG (Admin) Regulations


13. Unconfirmed minutes, public inspection of (Act s. 5.25(1)(i))

A local government is to ensure that unconfirmed minutes of each council and committee meeting are available for inspection by members of the public —

(a) in the case of a council meeting, within 10 business days after the meeting; and (b) in the case of a committee meeting, within 5 business days after the meeting. 5.13 Confidentiality of information withheld (1) Information withheld by the CEO from members of the public under the

Regulations, is to be -

(a) identified in the agenda of a Council or Committee meeting under the item “Matters for which the meeting may be closed”; and

(b) marked “confidential” in the agenda; and (c) kept confidential by members and employees until the Council or

Committee resolves otherwise.

(2) A member or an employee who has -

(a) confidential information under subclause (1); or

(b) information that is provided or disclosed for the purposes of or during a meeting, or part of a meeting, that is closed to the public,

is not to disclose any of that information to any person other than another member or an employee to the extent necessary for the purpose of carrying out his or her duties.

(3) Subclause (2) does not prevent a member or employee from disclosing

information -

(a) at a closed meeting; (b) to the extent specified by the Council and subject to such other

conditions as the Council determines; (c) that is already in the public domain; (d) to an officer of the Department; (e) to the Minister; (f) to a legal practitioner for the purpose of obtaining legal advice; or (g) if the disclosure is required or permitted by law.

5.14 Media attendance


Media persons are to be permitted to attend meetings of the Council or Committees that are open to the public, in such part of the Council Chamber or meeting room as may be set aside for their accommodation, but must withdraw during any period when the meeting is closed to the public. 5.15 Recording of meeting prohibited (1) A person must not use any electronic, visual or audio recording device or

instrument to record the proceedings of the Council or Committee unless the Presiding Member or CEO has given permission to do so.

(2) If the Presiding Member or CEO gives permission under subclause (1), he or

she is to advise the meeting, immediately before the recording is commenced, that such permission has been given and the nature and extent of that permission.

5.16 Prevention of disturbance (1) A reference in this clause to a “person” is to a person other than a member.

(2) A person must ensure that his or her mobile telephone or audible pager is not switched on or used during any meeting of a Council or Committee.

(3) A member must ensure that his or her mobile telephone or audible pager is not switched on or used during any meeting of a Council or Committee.

(42) A person addressing the Council or a Committee must extend due courtesy and

respect to the Council or Committee and the processes under which it operates and must comply with any direction from the Presiding Member.

(53) A person must not interrupt or interfere with the proceedings of any meeting of

the Council or a Committee, whether by expressing approval or dissent, by conversing or by any other means.

(64) The Presiding Member may warn a person who fails to comply with this clause.

(75) If -

(a) after being warned, the person again acts contrary to this clause, or to the direction; or

(b) a person refuses or fails to comply with a direction by the Presiding

Member,

the Presiding Member may expel the person from the meeting by ordering him or her to leave the meeting room.

(86) A person who is ordered to leave the meeting room and fails to do so may, by

order of the Presiding Member be removed from the meeting room and, if the Presiding Member orders, from the premises.

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Part 6 - Disclosure of Interests

6.1 Disclosure of members’ financial and proximity interests The disclosure of direct and indirect financial interests and proximity interests by members and employees is dealt with in the Act. LGA 5.65. Members’ interests in matters to be discussed at meetings to be disclosed

(1) A member who has an interest in any matter to be discussed at a council or committee meeting that will be attended by the member must disclose the nature of the interest —

(a) in a written notice given to the CEO before the meeting; or (b) at the meeting immediately before the matter is discussed. Penalty: $10 000 or imprisonment for 2 years.

(2) It is a defence to a prosecution under this section if the member proves that he or she did not know —

(a) that he or she had an interest in the matter; or (b) that the matter in which he or she had an interest would be discussed at the

meeting.

(3) This section does not apply to a person who is a member of a committee referred to in section 5.9(2)(f).

5.70. Employees to disclose interests relating to advice or reports

(1) In this section — employee includes a person who, under a contract for services with the local

government, provides advice or a report on a matter.

(2) An employee who has an interest in any matter in respect of which the employee is providing advice or a report directly to the council or a committee must disclose the nature of the interest when giving the advice or report.

(3) An employee who discloses an interest under this section must, if required to do so by the council or committee, as the case may be, disclose the extent of the interest.

Penalty: $10 000 or imprisonment for 2 years. 6.2 Meeting to be informed of financial and proximity interests Procedures for informing the meeting of disclosures in clause 6.1 are dealt with in the Act. LGA 5.66. Meeting to be informed of disclosures

If a member has disclosed an interest in a written notice given to the CEO before a meeting then —


(a) before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b) at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before the matters to which the disclosure relates are discussed.

6.3 Disclosing member not to participate The participation at meetings of a member that has disclosed an interest in clause 6.1 is dealt with in the Act. LGA 5.67. Disclosing members not to participate in meetings

A member who makes a disclosure under section 5.65 must not — (a) preside at the part of the meeting relating to the matter; or (b) participate in, or be present during, any discussion or decision making procedure

relating to the matter,

unless, and to the extent that, the disclosing member is allowed to do so under section 5.68 or 5.69.

Penalty: $10 000 or imprisonment for 2 years. 6.4 When disclosing members can participate The procedures for allowing participation in meetings of members disclosing an interest in clause 6.1 are dealt with in the Act. LGA 5.68. Councils and committees may allow members disclosing interests to participate etc. in

meetings

(1) If a member has disclosed, under section 5.65, an interest in a matter, the members present at the meeting who are entitled to vote on the matter —

(a) may allow the disclosing member to be present during any discussion or decision making procedure relating to the matter; and

(b) may allow, to the extent decided by those members, the disclosing member to preside at the meeting (if otherwise qualified to preside) or to participate in discussions and the decision making procedures relating to the matter if —

(i) the disclosing member also discloses the extent of the interest; and (ii) those members decide that the interest — (I) is so trivial or insignificant as to be unlikely to influence the

disclosing member’s conduct in relation to the matter; or (II) is common to a significant number of electors or ratepayers.

(2) A decision under this section is to be recorded in the minutes of the meeting relating to the matter together with the extent of any participation allowed by the council or committee.


(3) This section does not prevent the disclosing member from discussing, or participating in the decision making process on, the question of whether an application should be made to the Minister under section 5.69.

6.5 Invitation to return to provide information (1) Where a member has disclosed an interest in clause 6.1, and has departed from

the Council Chamber or meeting room, the meeting may invite the member to return to provide information in respect of the matter or in respect of the member’s interest in the matter.

(2) A member invited to return under subclause (1) must withdraw after providing

the information.

6.6 Substitution of deputy at Committee meetings Where a member discloses an interest on an item under clause 6.1 and withdraws from a meeting of a Committee, the Presiding Member may invite the disclosing member’s deputy, if present, to participate as a member of the Committee in place of the disclosing member during the consideration of that item only. 6.7 Disclosure by members who are observers at Committee meetings

The obligation to disclose an interest in clause 6.1 is to apply to all members present at Committee meetings including a member attending a Committee meeting in the capacity of an observer. 6.8 Disclosure of impartiality interests The disclosure of impartiality interests at meetings by Councillors is dealt with in the Rules of Conduct Regulations.

LG (Rules of Conduct) Regulations

11. Disclosure of interest

(1) In this regulation — interest means an interest that could, or could reasonably be perceived to, adversely

affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association.

(2) A person who is a council member and who has an interest in any matter to be discussed at a council or committee meeting attended by the member must disclose the nature of the interest —

(a) in a written notice given to the CEO before the meeting; or (b) at the meeting immediately before the matter is discussed.

(3) Subregulation (2) does not apply to an interest referred to in section 5.60 of the Act.

(4) Subregulation (2) does not apply if —


(a) a person who is a council member fails to disclose an interest because the person did not know he or she had an interest in the matter; or

(b) a person who is a council member fails to disclose an interest because the person did not know the matter in which he or she had an interest would be discussed at the meeting and the person disclosed the interest as soon as possible after the discussion began.

(5) If, under subregulation (2)(a), a person who is a council member discloses an interest in a written notice given to the CEO before a meeting then —

(a) before the meeting the CEO is to cause the notice to be given to the person who is to preside at the meeting; and

(b) at the meeting the person presiding is to bring the notice and its contents to the attention of the persons present immediately before a matter to which the disclosure relates is discussed.

(6) If — (a) under subregulation (2)(b) or (4)(b) a person’s interest in a matter is disclosed at

a meeting; or (b) under subregulation (5)(b) notice of a person’s interest in a matter is brought to

the attention of the persons present at a meeting,

the nature of the interest is to be recorded in the minutes of the meeting. 6.9 Other persons to disclose impartiality interests (1) In this clause, a reference to -

(a) interest means an interest that could, or could reasonably be perceived to, adversely affect the impartiality of the person having the interest and includes an interest arising from kinship, friendship or membership of an association; and

(b) person means an employee and a member of a Committee that is not

either the President or a Councillor. (2) A person who has an interest in any matter to be discussed at a meeting

attended by the person must disclose the nature of the interest -

(a) in a written notice given to the CEO before the meeting; or (b) at the meeting immediately before the matter is discussed.

(3) Subclause (2) does not apply to an interest referred to in section 5.60 of the Act. (4) Subclause (2) does not apply if -

(a) a person fails to disclose an interest because the person did not know he or she had an interest in the matter; or

(b) a person fails to disclose an interest because the person did not know


the matter in which he or she had an interest would be discussed at the meeting and the person disclosed the interest as soon as possible after the discussion began.

(5) If, under subclause (2)(a), a person discloses an interest in a written notice

given to the CEO before a meeting then -

(a) before the meeting the CEO is to cause the notice to be given to the Presiding Member of the meeting; and

(b) at the meeting the Presiding Member is to bring the notice and its

contents to the attention of the persons present immediately before a matter to which the disclosure relates is discussed.

(6) If -

(a) under subclause (2)(b) or (4)(b) a person’s interest in a matter is disclosed at a meeting; or

(b) under subclause (5)(b) notice of a person’s interest in a matter is

brought to the attention of the persons present at a meeting, the nature of the interest is to be recorded in the minutes of the meeting.

6.10 On-going disclosure required The obligation to disclose an interest under this Part applies in regard to each meeting at which the matter the subject of the interest arises. 6.11 Approval by Minister to be recorded If the Minister approves of the participation in a meeting of a disclosing member, the conditions of the approval are to be recorded in the minutes of the meeting and the register of financial interests.


Part 7 - Conduct of Members

7.1 Official titles to be used A speaker, when speaking or referring to the President or Deputy President, or to a Councillor or employee, must use the title of that person’s office. 7.2 Members to occupy own seats (1) At meetings of the Council each member is to occupy the place assigned to that

member within the Council Chamber. (2) At the first meeting held after each ordinary elections day, the CEO is to allot a

position at the Council table to each Councillor by alphabetical order by ward and surname of each Member from the right hand side of the Presiding Member and the Councillor is to occupy that position when present at meetings of the Council until such time as there is a call by a majority of Councillors for a re-allotment of positions.

7.3 Members not to interrupt A member must not interrupt another member while speaking unless -

(a) to raise a point of order under clause 8.3; (b) to call attention to the absence of a quorum; (c) to make a personal explanation under clause 10.4; or (d) to move a procedural motion that the member be no longer heard

(under clause 12.1(i) and 13.9). 7.4 No adverse reflection on decision (1) A member must not reflect adversely on a decision of the Council or a

Committee except on a motion that the decision be revoked or changed. (2) A member must not -

(a) reflect adversely on the character or actions of another member or employee; or

(b) impute any motive to a member or employee, unless the Council or Committee resolves, without debate, that the motion then before the Council or Committee cannot otherwise be adequately considered.


7.5 Offensive language (1) A member must not use offensive or objectionable expressions in reference to

any member, employee, or other person. (2) If a member specifically requests, immediately after their use, that any particular

words used by a member be recorded in the minutes, the Presiding Member is to cause the words used to be taken down and read to the meeting for verification and then to be recorded in the minutes.

7.6 Direction to withdraw A member who, in the opinion of the Presiding Member and in the absence of a resolution under clause 7.4(2) -

(a) reflects adversely on the character or actions of another member or employee;

(b) imputes any motive to a member or employee; or (c) uses an expression that is offensive or objectionable,

must, when directed by the Presiding Member, withdraw the reflection, imputation or expression and make a satisfactory apology. 7.7 Members who wish to speak A member who wishes to speak -

(a) is to indicate his or her intention to speak by raising his or her hand; and (b) when invited by the Presiding Member to speak, must address the

meeting through the Presiding Member. 7.8 Priority of speaking If two or more members of the Council or a Committee indicate, at the same time, their intention to speak, the Presiding Member is to decide which member is to be heard first. 7.9 The Presiding Member may take part in debates The Presiding Member may take part in a discussion of any matter before the Council or Committee as the case may be.


7.10 Relevance (1) A member must restrict his or her remarks to the motion or amendment under

discussion, or to a personal explanation or point of order. (2) The Presiding Member, at any time, may -

(a) call the attention of the meeting to any irrelevant or repetitious remarks by a member; or

(b) direct that member, if speaking, to discontinue his or her speech.

(3) A member must comply with the direction of the Presiding Member under

subclause (2) by immediately ceasing to speak. 7.11 Limitation on members speaking (1) Only the mover of a motion or an amendment may speak twice on the same

motion or the same amendment, unless permitted by the meeting (on a majority vote).

(2) The mover of a motion or an amendment-

(a) is to speak to that motion or amendment first, after it has been seconded; and

(b) has the right of reply and in exercising that right must confine the reply to

previous speakers’ comments and not introduce any new matters.

(3) A member must not speak on any motion or an amendment after the mover has replied and the motion or amendment is to be immediately put to the vote by the Presiding Member.

(4) A member may speak on a motion or an amendment, or reply, for a period of

only 5 minutes, unless an extension of time is granted by the Council without debate, but a member’s total speaking time must not exceed 10 minutes.

7.12 Questions during debate (1) A member may ask a question at any time during the debate on a motion or an

amendment before the mover of the motion or amendment has replied. (2) A member who asks one or more questions will not be taken to have spoken on

the matter. 7.13 Re-opening discussion on decisions A member must not re-open discussion on any decision of the Council or Committee, except for the purpose of moving a revocation motion under clause 11.2.


Part 8 - Preserving Order

8.1 Presiding Member to preserve order (1) The Presiding Member is to preserve order and, whenever he or she considers it

necessary, may call any member or other person to order. (2) When the Presiding Member, during the progress of a debate, is to raise or rule

on a point of order, any member or person then speaking, or offering to speak, is to be silent so that the Presiding Member may be heard without interruption.

8.2 Points of order Without limitation, the following acts are to be taken as being out of order -

(a) discussion of a matter not before the meeting; (b) the use of offensive or objectionable language; or (c) the violation of any written law, including this local law, provided that the

member making the point of order states the written law believed to be breached.

8.3 Procedures on a point of order (1) Upon a matter of order arising during the progress of a debate, any member

may raise a point of order with the Presiding Member including interrupting the speaker.

(2) Any member who is speaking when a point of order is raised in subclause (1) is

to immediately stop speaking while the Presiding Member listens to the point of order.

(3) A member raising a point of order is to specify one of the grounds of the breach

of order before speaking further on the matter. (4) A member who is expressing a difference of opinion or contradicting a speaker

is not to be taken as raising a point of order. 8.4 Continued breach of order If a member –

(a) persists in any conduct that the Presiding Member had ruled is out of order; or

(b) fails or refuses to comply with a direction from the Presiding Member,

the Presiding Member may direct the member to refrain from taking any further part in the debate of the item, other than by voting, and the member must comply with that direction.


8.5 Presiding Member may adjourn meeting (1) For the purpose of preserving or regaining order, the Presiding Member may

adjourn the meeting for a period of up to 15 minutes. (2) On resumption, the debate is to continue at the point at which the meeting was

adjourned. (3) If, at any one meeting, the Presiding Member adjourns the meeting more than

once for the purpose of preserving or regaining order, the second or subsequent adjournment may be to a later time on the same day or to another day.

(4) If there is an adjournment under this clause, the names of the members who

have spoken on the matter before the adjournment are to be recorded.


Part 9 - Motions and Amendments

9.1 Recommendations in reports (1) Where the Council or a Committee adopts a recommendation contained in a

report, either with or without amendment, the recommendation so adopted is taken to be a decision of the Council or the Committee (as the case may be).

(2) Where a motion, if carried, would be significantly different from the relevant

written recommendation of an employee or Committee, the reason for the decision is to be recorded in the minutes of the meeting in accordance with the Regulations.

(3) A Committee may make a recommendation to the Council which -

(a) is relevant to the purpose for which the Committee is established by the Council; and

(b) the Committee considers requires consideration by the Council.

(4) Where a Committee makes a recommendation for consideration by the Council,

the CEO must prepare or cause to be prepared a report to the Council with respect to the recommendation.

9.2 Adoption of recommendations en bloc A member may move a motion to adopt by one resolution, all the recommendations or a group of recommendations from a Committee or several reports, without amendment or qualification after having first identified those recommendations, if any -

(a) which require adoption by an absolute or special majority vote; (b) in which an interest has been disclosed; (c) that has been subject of a petition or deputation; (d) which any member has indicated the wish to debate; and (e) in which any member has indicated the wish to ask a question or to

raise a point of clarification, and, each of those recommendations referred to in paragraphs (a), (b), (c), (d) and (e) must be considered separately.


9.3 Motions (1) A member who wishes to move a primary motion, or an amendment to a primary

motion -

(a) is to state the substance of the motion before speaking to it; and (b) is to put the motion or amendment in writing if –

(i) in the opinion of the Presiding Member, the motion or amendment is significantly different to the relevant written recommendation of a Committee or an employee (including a person who, under a contract for services with the Shire, provides advice or a report on the matter); or

(ii) the member is otherwise required to do so by the Presiding

Member. (2) The written terms of the motion or amendment are to be given to the CEO who

is to ensure that they are recorded in the minutes. (3) The Presiding Member may require that a complex primary motion, or a complex

amendment to a primary motion, is to be broken down and put in the form of more than one motion, each of which is to be put in sequence.

9.4 Motions to be seconded (1) A motion, or an amendment to a motion, is not open to debate until it has been

seconded. (2) A motion to revoke or change a decision made at a Council or Committee

meeting is not open to debate unless the motion has the support required under the Regulations.

(3) A member seconding a motion has the right to speak on the motion later in the

debate. (4) A motion is not to be amended by the mover without the consent of the

seconder. 9.5 Unopposed motions (1) Immediately after a motion has been moved and seconded, the Presiding

Member may ask the meeting if any member opposes it. (2) If no member opposes the motion, the Presiding Member may declare it carried

without debate and without taking a vote. (3) A motion carried under subclause (2) is to be recorded in the minutes as a

unanimous decision of the Council or Committee.


(4) If a member opposes a motion, the motion is to be dealt with under this Part. 9.6 Withdrawing motions (1) A motion or amendment may be withdrawn by the mover, with the consent of the

seconder, and no member is to speak on it after it has been withdrawn. (2) If an amendment has been proposed to a primary motion, the primary motion

cannot be withdrawn, except by consent of the majority of members, until the amendment proposed has been withdrawn or lost.

9.7 One motion at a time

The Council or a Committee –

(a) is not to accept a primary motion while another primary motion is being debated; and

(b) is not to consider more than one primary motion at any time.

9.8 Permissible motions on recommendation from Committee A recommendation made by a Committee may be –

(a) adopted by the Council without amendment;

(b) rejected by the Council and replaced by an alternative decision; (c) subject to clause 9.9(2), amended, and adopted as amended by the

Council; or

(d) referred back to the Committee for further consideration. 9.9 Amendments (1) A member may move an amendment to a primary motion at any time during

debate on the motion, except -

(a) if the mover has been called by the Presiding Member to exercise the right of reply; or

(b) if the member has already spoken to the primary motion; (c) if another amendment is being debated, or has not been withdrawn,

carried or lost; or (d) during debate on a procedural motion.

(2) An amendment must be relevant to the primary motion to which it is moved and

must not have the effect of negating the primary motion. (3) An amendment to a primary motion is to take only one of the following forms -


(a) that certain words be omitted; (b) that certain parts be omitted and others substituted or added; or (c) that certain words be added.

(4) Only one amendment is to be debated at a time, but as often as an amendment

is withdrawn, carried or lost, another amendment may be moved before the primary motion is put to the vote.

(5) Where an amendment is carried, the primary motion as amended is, for all

purposes of subsequent debate, to be treated as a primary motion. (6) An amendment must be read by the mover before being seconded.


Part 10 - Debate of Motions

10.1 Order of call in debate The Presiding Member is to call speakers to a motion or amendment in the following order -

(a) the mover to state the motion; (b) a seconder to the motion; (c) the mover to speak to the motion; (d) the seconder to speak to the motion; (e) other speakers against and for the motion, alternating in view, if any;

and (f) the mover takes right of reply which closes debate.

10.2 Limit of debate The Presiding Member may offer the right of reply and put the motion to the vote if he or she believes sufficient discussion has taken place even though all members may not have spoken. 10.3 Member may require motion to be read A member may require the motion under discussion to be read at any time during a debate, but not so as to interrupt any other member who is speaking. 10.4 Personal explanation (1) A member who wishes to make a personal explanation relating to a matter

referred to by another member who is then speaking must indicate to the Presiding Member his or her intention to make a personal explanation.

(2) The Presiding Member is to determine whether the personal explanation is to be

heard immediately or at the conclusion of the speech by the other member. 10.5 Crossing Council chambers or meeting room (1) When the Presiding Member is putting any motion to the vote, a member must

not leave or cross the Council Chamber or meeting room. (2) A member must not, while any other member is speaking, pass between the

speaker and the chair. 10.6 Voting


Voting at meetings is dealt with in the Act and Regulations.

LGA

5.21. Voting

(1) Each council member and each member of a committee who is present at a meeting of the council or committee is entitled to one vote.

(2) Subject to section 5.67, each council member and each member of a committee to which a local government power or duty has been delegated who is present at a meeting of the council or committee is to vote.

(3) If the votes of members present at a council or a committee meeting are equally divided, the person presiding is to cast a second vote.

(4) If a member of a council or a committee specifically requests that there be recorded — (a) his or her vote; or (b) the vote of all members present,

on a matter voted on at a meeting of the council or the committee, the person presiding is to cause the vote or votes, as the case may be, to be recorded in the minutes.

(5) A person who fails to comply with subsection (2) or (3) commits an offence.

[Section 5.21 amended by No. 49 of 2004 s. 43.]

LG (Administration) Regulations

9. Voting at council or committee meetings — s. 5.25(1)(d)

Voting at a council or committee meeting is to be conducted so that no voter’s vote is secret.

10.7 Motion - when put Immediately after the debate on any question is concluded and the right of reply has been exercised, the Presiding Member -

(a) is to put the motion to the meeting; and

(b) if requested by a member, is again to state the terms of the motion. 10.8 Method of taking vote (1) The Presiding Member, in taking the vote on any motion, is to -

(a) put the motion, first in the affirmative and then in the negative;

Formatted: Indent: Left: 0 cm

Commented [CS2]: Entered the relevant section of the Act.

Formatted: Indent: Left: 0 cm

Commented [CS3]: Entered relevant section of the Regulations.

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(b) determine whether the affirmative or the negative has the majority of votes; and

(c) declare the result of the vote.

(2) The motion put under subclause (1) may be put as often as is necessary to

enable the Presiding Member to determine whether the affirmative or the negative has the majority of votes.

(3) The result of voting is to be determined on the count of raised hands but it may

be determined on the voices unless a member calls for a show of hands. (4) The names of members voting in the negative at a Council meeting or at a

Committee Meeting where the Committee has delegated powers are to be recorded in the minutes of the meeting.


Part 11 - Revocation Motions

11.1 Requirements to revoke or change decisions The requirements to revoke or change a decision made at a meeting are dealt with in the Regulations.

LG (Administration) Regulations

10. Revoking or changing decisions (Act s. 5.25(1)(e))

(1) If a decision has been made at a council or a committee meeting then any motion to revoke or change the decision must be supported —

(a) in the case where an attempt to revoke or change the decision had been made within the previous 3 months but had failed, by an absolute majority; or

(b) in any other case, by at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee,

inclusive of the mover.

(1a) Notice of a motion to revoke or change a decision referred to in subregulation (1) is to be signed by members of the council or committee numbering at least 1/3 of the number of offices (whether vacant or not) of members of the council or committee, inclusive of the mover.

(2) If a decision has been made at a council or a committee meeting then any decision to revoke or change the first-mentioned decision must be made —

(a) in the case where the decision to be revoked or changed was required to be made by an absolute majority or by a special majority, by that kind of majority; or

(b) in any other case, by an absolute majority.

(3) This regulation does not apply to the change of a decision unless the effect of the change would be that the decision would be revoked or would become substantially different.

11.2 Revocation motion at the same meeting - procedures (1) A member who moves a revocation motion at the same meeting where the

decision is made must -

(a) clearly identify the decision to be revoked or changed; and (b) clearly state the reason for the decision to be revoked or changed.

(2) If the CEO receives a notice of a revocation motion to revoke a decision made

at a meeting before the close of that meeting, the CEO must immediately advise the Presiding Member of the substance of the revocation motion and raise it as an item of urgent business under clause 4.12.

(3) Where the Presiding Member is advised of a revocation motion under subclause


(2), he or she is to -

(a) advise the meeting of the notice; (b) state the substance of the revocation motion; (c) determine whether there is sufficient support under clause 11.1; and (d) if there is sufficient support, deal with the revocation motion.

11.3 Revocation motion after meeting - procedures (1) A member wishing to move a revocation motion at a future meeting of the

Council or a Committee must give to the CEO notice of the revocation motion, which is to -

(a) be in writing; (b) specify the decision proposed to be revoked or changed; (c) include a reason or reasons for the revocation motion; (d) be supported by the number of members required under the

Regulations; (e) specify the date of the ordinary or special meeting of the Council or the

Committee where it is to be presented, as the case may be; and (f) be given to the CEO in accordance with the notice of motion provisions

in clause 4.12. (2) Any notice of revocation motion given to the CEO must be dealt with in

accordance with 4.12. 11.4 Implementation of a decision

No steps are to be taken to implement or give effect to a decision if -

(a) there is a valid notice of revocation motion that has the support of

members required by the Regulations; and (b) the notice of revocation motion was received before any action was

taken to implement the decision.


Part 12 - Procedural Motions

12.1 Permissible procedural motions In addition to the right to move an amendment to a primary motion, a member may move any of the following procedural motions -

(a) that the motion be deferred; (b) that the meeting now adjourn; (c) that the debate be adjourned; (d) that the motion be now put; (e) that the motion lie on the table; (f) that the meeting proceed to the next item of business; (g) that the meeting be closed to members of the public; (h) that the ruling of the Presiding Member be overruled;

(i) that the member be no longer heard; or (j) that the item be referred back to the (appropriate) Committee.

12.2 No debate on procedural motions (1) The mover of a motion stated in each of paragraphs (a), (b), (c), (e), (f), (g), (i)

and (j) of clause 12.1 may speak to the motion for not more than 5 minutes, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion.

(2) The mover of a motion stated in each of paragraphs (d) and (h) of clause 12.1

may not speak to the motion, the seconder is not to speak other than to formally second the motion, and there is to be no debate on the motion.

12.3 Who may move With the exception of subclause 12.1(h), a member who has moved, seconded, or spoken for or against the primary motion, or any amendment to the primary motion, cannot move any procedural motion which, if carried, would close the debate on the primary motion or amendment. 12.4 Procedural motions - right of reply on primary motion The carrying of a procedural motion which closes debate on the primary motion or amendment and forces a decision on the primary motion or amendment does not deny the right of reply to the mover of the primary motion.


Part 13 - Effect of Procedural Motions

13.1 The motion be deferred - effect of motion (1) If a motion “that the motion be deferred”, is carried, then all debate on the

primary motion and any amendment is to cease and the motion or amendment is to be resubmitted for consideration at a time and date specified in the motion.

(2) A motion “that the motion be deferred” must not be moved in respect of the

election of a Presiding Member or the Deputy President. (3) A member must not, at the same meeting, move or second more than one

motion “that the motion be deferred” in respect of the same item. 13.2 The meeting now adjourn - effect of motion (1) If a motion “that the meeting now adjourn”, is carried then the meeting is to be

adjourned to a time and date specified in the motion, or where no time and date is specified, to such time and date as the Presiding Member declares, or to the next ordinary meeting.

(2) Where debate on a motion is interrupted by an adjournment under

subclause (1) -

(a) the debate is to be resumed at the date and time specified as required in subclause (1) and at the point where it was so interrupted; and

(b) the names of members who have spoken on the matter prior to the

adjournment are to be recorded in the minutes; and (c) the provisions of clause 7.11 apply when the debate is resumed.

(3) If a motion “that the meeting now adjourn” is lost, no similar motion is to be

moved until -

(a) after the conclusion of the business under discussion at the time the motion was moved; or

(b) if the motion was moved on the conclusion of an item of business, after

the conclusion of the next item of business; or (c) after the conclusion of any other business allowed precedence by the

meeting. (4) A member must not, at the same meeting, move or second more than one

motion for the adjournment of the meeting.

13.3 The debate be adjourned - effect of motion (1) If a motion “that the debate be adjourned”, is carried –


(a) all debate on the primary motion or amendment is to cease and is to continue at a time and date specified in the motion;

(b) the names of members who have spoken on the matter are to be

recorded in the minutes; and (c) the provisions of clause 7.11 apply when the debate is resumed.

(2) A motion “that the debate be adjourned” must not be moved in respect of the

election of a Presiding Member or the Deputy President. (3) A member must not, at the same meeting, move or second more than one

motion “that the debate be adjourned” in respect of the same item. 13.4 The motion be now put - effect of motion (1) If a motion “that the motion be now put”, is carried during discussion of a primary

motion, the Presiding Member is to offer the right of reply and then immediately put the motion to the vote without further debate.

(2) If the motion “that the motion be now put” is carried during debate of an

amendment, the Presiding Member is to put the amendment to the vote without further debate.

(3) If the motion “that the motion be now put” is lost, debate is to continue. 13.5 The motion lie on the table - effect of motion (1) If a motion “that the motion lie on the table”, is carried, debate on the primary

motion and any amendment must cease and the meeting is to proceed to the next item of business.

(2) Debate on the motion laid on the table is to be adjourned until such time (if any)

as the meeting resolves to take the motion from the table. (3) Where debate on a motion is interrupted by laying a motion on the table under

subclause (1) -

(a) the names of members who have spoken on the matter are to be recorded in the minutes; and

(b) the provisions of clause 7.11 apply when the debate is resumed.

(4) A motion “that the motion lie on the table” must not be moved in respect of the

election of a Presiding Member or the Deputy President. (5) A member moving the taking of the motion from the table is entitled to speak

first on the resumption of the debate. 13.6 Meeting to proceed to the next business - effect of motion (1) The motion “that the meeting proceed to the next item of business”, if carried


has the effect that – (a) the debate on the primary motion or amendment ceases immediately; (b) no decision is made on the primary motion; (c) the meeting moves to the next item of business; and (d) there is no requirement for the matter to be raised again for

consideration. (2) A motion that “the meeting proceed to the next item of business” must not be

moved in respect of the election of a Presiding Member or the Deputy President. 13.7 Meeting be closed to members of the public - effect of motion If a motion “that the meeting be closed to members of the public” is carried then the Presiding Member is to close the meeting in accordance with clause 5.2. 13.8 Ruling by the Presiding Member be overruled - effect of motion If a motion “that the ruling of the Presiding Member be overruled” is carried, that ruling is to have no effect and the meeting is to proceed accordingly. 13.9 Member be no longer heard - effect of motion If a motion “that the member be no longer heard” is carried, the speaker against whom the motion has been moved must not speak further on the current primary motion, or any amendment relating to it, except to exercise the right of reply if he or she is the mover of the primary motion. 13.10 Item be referred back to Committee - effect of motion (1) If a motion “that the item be referred back to Committee” is carried, debate on

the primary motion and any amendment is to cease and the primary motion, excluding any amendment, is to be referred back to the appropriate Committee for further consideration.

(2) If the motion in subclause (1) is lost, debate on the primary motion or

amendment is to continue.


Part 14 - Committees of the Council

14.1 Establishment, types and membership of Committees The establishment, types and membership of Committees is dealt with in the Act. LGA 5.8. Establishment of committees

A local government may establish* committees of 3 or more persons to assist the council and to exercise the powers and discharge the duties of the local government that can be delegated to committees.

* Absolute majority required.

5.9. Committees, types of

(1) In this section — other person means a person who is not a council member or an employee.

(2) A committee is to comprise — (a) council members only; or (b) council members and employees; or (c) council members, employees and other persons; or (d) council members and other persons; or (e) employees and other persons; or (f) other persons only.

5.10. Committee members, appointment of

(1) A committee is to have as its members — (a) persons appointed* by the local government to be members of the committee

(other than those referred to in paragraph (b)); and (b) persons who are appointed to be members of the committee under subsection (4)

or (5). * Absolute majority required.

(2) At any given time each council member is entitled to be a member of at least one committee referred to in section 5.9(2)(a) or (b) and if a council member nominates himself or herself to be a member of such a committee or committees, the local government is to include that council member in the persons appointed under subsection (1)(a) to at least one of those committees as the local government decides.

(3) Section 52 of the Interpretation Act 1984 applies to appointments of committee members other than those appointed under subsection (4) or (5) but any power exercised under section 52(1) of that Act can only be exercised on the decision of an absolute majority of the local government.


(4) If at a meeting of the council a local government is to make an appointment to a committee that has or could have a council member as a member and the mayor or president informs the local government of his or her wish to be a member of the committee, the local government is to appoint the mayor or president to be a member of the committee.

(5) If at a meeting of the council a local government is to make an appointment to a committee that has or will have an employee as a member and the CEO informs the local government of his or her wish —

(a) to be a member of the committee; or (b) that a representative of the CEO be a member of the committee,

the local government is to appoint the CEO or the CEO’s representative, as the case may be, to be a member of the committee.

14.2 Tenure of Committee membership The tenure of Committee membership is dealt with in the Act. LGA 5.11. Committee membership, tenure of

(1) Where a person is appointed as a member of a committee under section 5.10(4) or (5), the person’s membership of the committee continues until —

(a) the person no longer holds the office by virtue of which the person became a member, or is no longer the CEO, or the CEO’s representative, as the case may be; or

(b) the person resigns from membership of the committee; or (c) the committee is disbanded; or (d) the next ordinary elections day,

whichever happens first.

(2) Where a person is appointed as a member of a committee other than under section 5.10(4) or (5), the person’s membership of the committee continues until —

(a) the term of the person’s appointment as a committee member expires; or (b) the local government removes the person from the office of committee member

or the office of committee member otherwise becomes vacant; or (c) the committee is disbanded; or (d) the next ordinary elections day,

whichever happens first. 14.3 Delegation of power to Committees Delegation of powers and duties to Committees is dealt with in the Act.


LGA 5.16. Delegation of some powers and duties to certain committees

(1) Under and subject to section 5.17, a local government may delegate* to a committee any of its powers and duties other than this power of delegation.


(2) A delegation under this section is to be in writing and may be general or as otherwise provided in the instrument of delegation.

(3) Without limiting the application of sections 58 and 59 of the Interpretation Act 1984 — (a) a delegation made under this section has effect for the period of time specified in

the delegation or if no period has been specified, indefinitely; and (b) any decision to amend or revoke a delegation under this section is to be by an

absolute majority.

(4) Nothing in this section is to be read as preventing a local government from performing any of its functions by acting through another person.

5.17. Limits on delegation of powers and duties to certain committees

(1) A local government can delegate — (a) to a committee comprising council members only, any of the council’s powers or

duties under this Act except — (i) any power or duty that requires a decision of an absolute majority or a

75% majority of the local government; and (ii) any other power or duty that is prescribed; and (b) to a committee comprising council members and employees, any of the local

government’s powers or duties that can be delegated to the CEO under Division 4; and

(c) to a committee referred to in section 5.9(2)(c), (d) or (e), any of the local government’s powers or duties that are necessary or convenient for the proper management of —

(i) the local government’s property; or (ii) an event in which the local government is involved.

(2) A local government cannot delegate any of its powers or duties to a committee referred to in section 5.9(2)(f).

[Section 5.17 amended by No. 49 of 2004 s. 16(2).]

5.18. Register of delegations to committees

A local government is to keep a register of the delegations made under this Division and review the delegations at least once every financial year.

14.4 Appointment of deputy members The appointment of a deputy to a member of a Committee is dealt with in the


Act. LGA 5.11A. Deputy committee members

(1) The local government may appoint* a person to be a deputy of a member of a committee and may terminate such an appointment* at any time.


(2) A person who is appointed as a deputy of a member of a committee is to be — (a) if the member of the committee is a council member — a council member; or (b) if the member of the committee is an employee — an employee; or (c) if the member of the committee is not a council member or an employee — a

person who is not a council member or an employee; or (d) if the member of the committee is a person appointed under section 5.10(5) — a

person nominated by the CEO.

(3) A deputy of a member of a committee may perform the functions of the member when the member is unable to do so by reason of illness, absence or other cause.

(4) A deputy of a member of a committee, while acting as a member, has all the functions of and all the protection given to a member.

14.5 Standing Orders apply to Committees Unless otherwise specifically provided, the Standing Orders apply generally to the proceedings of Committees, except for -

(a) clause 7.2 (relating to seating); (b) clause 7.11(1) (relating to the limit on the number of speeches).

14.6 Communications by Committees A Committee must not communicate with any person or authority except through the CEO.


Part 15 - Procedural Matters

15.1 Presiding Member to ensure compliance The Presiding Member of a meeting is to ensure compliance with the Standing Orders. 15.2 Suspension of Standing Orders (1) A member may, at any time, move that the operation of one or more of the

Standing Orders or clauses of this local law be suspended. (2) A member moving a motion under subclause (1) is to identify the clause or

clauses of this local law containing the Standing Orders to be suspended, and state the reasons for the motion, but no other discussion is to take place.

(3) A motion under subclause (1) which is seconded and carried is to suspend the

operation of the clause or clauses to which the motion relates for the duration of the meeting, unless the meeting earlier resolves otherwise.

15.3 Cases not provided for in Standing Orders (1) In situations where –

(a) one or more Standing Orders have been suspended; or (b) a matter is not regulated by the Act, the Regulations or this local law, the Presiding Member is to decide questions relating to the conduct of the meeting.

(2) The decision of the Presiding Member under subclause (1) is final, except where

a motion of dissent is moved and carried under clause 12.1(h). 15.4 Electors’ meetings The requirements for meeting of the electors are dealt with in the Act and Regulations. LGA 5.27. Electors’ general meetings

(1) A general meeting of the electors of a district is to be held once every financial year.

(2) A general meeting is to be held on a day selected by the local government but not more than 56 days after the local government accepts the annual report for the previous financial year.

(3) The matters to be discussed at general electors’ meetings are to be those prescribed.

5.28. Electors’ special meetings


(1) A special meeting of the electors of a district is to be held on the request of not less than —

(a) 100 electors or 5% of the number of electors —whichever is the lesser number; or

(b) 1/3 of the number of council members.

(2) The request is to specify the matters to be discussed at the meeting and the form or content of the request is to be in accordance with regulations.

(3) The request is to be sent to the mayor or president.

(4) A special meeting is to be held on a day selected by the mayor or president but not more than 35 days after the day on which he or she received the request.

5.29. Convening electors’ meetings

(1) The CEO is to convene an electors’ meeting by giving — (a) at least 14 days’ local public notice; and (b) each council member at least 14 days’ notice,

of the date, time, place and purpose of the meeting.

(2) The local public notice referred to in subsection (1)(a) is to be treated as having commenced at the time of publication of the notice under section 1.7(1)(a) and is to continue by way of exhibition under section 1.7(1)(b) and (c) until the meeting has been held.

5.30. Who presides at electors’ meetings

(1) The mayor or president is to preside at electors’ meetings.

(2) If the circumstances mentioned in section 5.34(a) or (b) apply the deputy mayor or deputy president may preside at an electors’ meeting in accordance with that section.


perform the functions of mayor or president,

then the electors present are to choose one of the councillors present to preside at the meeting but if there is no councillor present, able and willing to preside, then the electors present are to choose one of themselves to preside.

5.31. Procedure for electors’ meetings

The procedure to be followed at, and in respect of, electors’ meetings and the methods of voting at electors’ meetings are to be in accordance with regulations.

5.32. Minutes of electors’ meetings

The CEO is to — (a) cause minutes of the proceedings at an electors’ meeting to be kept and

preserved; and


(b) ensure that copies of the minutes are made available for inspection by members of the public before the council meeting at which decisions made at the electors’ meeting are first considered.

5.33. Decisions made at electors’ meetings

(1) All decisions made at an electors’ meeting are to be considered at the next ordinary council meeting or, if that is not practicable —

(a) at the first ordinary council meeting after that meeting; or (b) at a special meeting called for that purpose,

whichever happens first.

(2) If at a meeting of the council a local government makes a decision in response to a decision made at an electors’ meeting, the reasons for the decision are to be recorded in the minutes of the council meeting.


15 Matters to be discussed at general meeting (Act s. 5.27(3))

For the purposes of section 5.27(3), the matters to be discussed at a general electors’ meeting are, firstly, the contents of the annual report for the previous financial year and then any other general business.

16. Request for special meeting, form of (Act s. 5.28(2))

A request for a special meeting of the electors of a district is to be in the form of Form 1. 15.5 Electors' meetings - Standing Orders apply The Standing Orders apply, so far as is practicable, to any meeting of electors, but where there is any inconsistency between the provisions of this local law and the provisions of the Act, the latter prevail. 15.6 Restriction on voting and speaking at electors’ meetings The restriction on voting and speaking at electors’ meetings is dealt with in the Regulations.


17. Voting at meeting (Act s. 5.31)

(1) Each elector who is present at a general or special meeting of electors is entitled to one vote on each matter to be decided at the meeting but does not have to vote.

(2) All decisions at a general or special meeting of electors are to be made by a simple majority of votes.


(3) Voting at a general or special meeting of electors is to be conducted so that no voter’s vote is secret.

18. Procedure at meeting (Act s. 5.31)

Subject to regulations 15 and 17, the procedure to be followed at a general or special meeting of electors is to be determined by the person presiding at the meeting.

15.7 Penalty for contravention of the Standing Orders A person who breaches a provision of this local law commits an offence. Penalty: $1,000, and a daily penalty of $100 15.8 Who can prosecute Who can prosecute is dealt with in the Act. LGA 9.15. Terms used

In this Subdivision —

authorised person in section 9.16, 9.17, 9.19 or 9.20 means a person appointed under section 9.10(1) by the local government to be an authorised person for the purposes of the section in which the term is used;

local government means the local government that could, or an employee of which could, prosecute for the offence concerned;

owner in relation to a vehicle means the person who holds the licence for the vehicle that is required under the Road Traffic Act 1974 or, if the vehicle is not licensed under that Act, the person who owns the vehicle or is entitled to its possession;

prescribed means prescribed by a local law or, if the alleged offence is against a regulation, prescribed by regulations or by a local law.

9.16. Giving a notice

(1) An authorised person who has reason to believe that a person has committed a prescribed offence against a regulation or local law made under this Act may, within 28 days after the alleged offence is believed to have been committed, give an infringement notice to the alleged offender.


Part 16 - Common Seal

16.1 Custody of the Common Seal

The CEO is to have charge of the Common Seal of the Shire, and is responsible for the safe custody and proper use of it. 16.2 Use of Common Seal

The use of the Common Seal is dealt with in the Act.

LGA 9.49A. Execution of documents

(1) A document is duly executed by a local government if — (a) the common seal of the local government is affixed to it in accordance with

subsections (2) and (3); or (b) it is signed on behalf of the local government by a person or persons authorised

under subsection (4) to do so.

(2) The common seal of a local government is not to be affixed to any document except as authorised by the local government.

(3) The common seal of the local government is to be affixed to a document in the presence of —

(a) the mayor or president; and (b) the chief executive officer or a senior employee authorised by the chief

executive officer,

each of whom is to sign the document to attest that the common seal was so affixed.

(4) A local government may, by resolution, authorise the chief executive officer, another employee or an agent of the local government to sign documents on behalf of the local government, either generally or subject to conditions or restrictions specified in the authorisation.

(5) A document executed by a person under an authority under subsection (4) is not to be regarded as a deed unless the person executes it as a deed and is permitted to do so by the authorisation.

(6) A document purporting to be executed in accordance with this section is to be presumed to be duly executed unless the contrary is shown.

(7) When a document is produced bearing a seal purporting to be the common seal of the local government, it is to be presumed that the seal is the common seal of the local government unless the contrary is shown.


____________________________________

Schedule 1 – Petition to the Shire of Augusta -Margaret River

To the President and Councillors of the Shire of Augusta -Margaret River We, the undersigned, do respectfully request that the Council-

(Here set out a concise statement of facts and the action sought) Correspondence in respect of this petition should be addressed to -

(Here set out the name and address of the person) The names and addresses of your petitioners are as follows DATE FULL NAME ADDRESS

AGREE/DISAGREE/NO OPINION SIGNATURE

Note: Petitioners may contact the CEO of the Shire of Augusta -Margaret River if they wish to withdraw from this petition or change their comment.


Dated the 6th day of July 2011. The Common Seal of the Shire of Augusta -Margaret River was affixed by authority of a resolution of the Council in the presence of - _______________________ MR RAY COLYERIAN EARL Shire President _______________________ MR GEOFF BROADGARY EVERSHED Acting Chief Executive Officer

SHIRE OF AUGUSTA MARGARET RIVER ORDINARY COUNCIL MEETING 24 MAY 2017

11.1 Chief Executive Officer 11.1.2 CEO POLICY REVIEW 2017

Attachment 1 – Office of the CEO Policies

1. Governance and Corporate Leadership 1.1GL1 Special Meeting Following Annual Elections 23 January 2013

Objective

To provide continuity in the decision- making processes of Council following the expiration of

the term of elected members as provided for in the Local Government Act.

Strategy

A Special Meeting of Council shall be called for the first Wednesday evening following the

annual elections. Prior to the opening of the Special Meeting the newly elected Councillors shall

take an Oath or Affirmation of Allegiance and Declaration of Office.

The Order of Business for the Special Meeting shall be:

1. Election of President (and subsequent Declaration)

2. Election of Deputy President (and subsequent Declaration)

3. Attendances, Apologies apologies & and Applications applications for

Leave leave of Absenceabsence

4. Allocation of Seating seating of Councillors by CEO

5. Appointment of members to Council Committees committees

6. Public Question question Timetime

7. Closure

The election to determine the President and Deputy President shall be conducted by the CEO

by secret ballot in accordance with the Local Government Act.

In accordance with the Standing Orders (Clause 7.2) the CEO is to allot a position at the

Council table to each Member; and the allotment is to be determined by the CEO in alphabetical

order by ward and surname of each Member from the right hand side of the Presiding Member

which is the left hand side of the Chamber. The allotted positions remain unless and until the

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Council determines otherwise and each Member is to occupy his or her allotted position at each

Council meeting.

All elections to decide the appointment of Councillors to other Committees committees shall be

by secret ballot if a selection is required. In the event of a tied vote for two or more nominations

lots are to be drawn by the CEO to determine the successful Councillor or Councillors.

Application

Responsibility for the implementation of this policy rests with Chief Executive Officer. The

Policy policy is to be reviewed every three years.

Document and Version Control table

Strategic outcome Corporate Plan 2014-2018 Goal 5 – Effective Leadership and Governance Responsible Directorate CEO Authority of original issue:

Council

Date of original issue: Council meeting date 27 August 2009 Contact officer CEO EA Date of next review: May 2020 Document No. N129845 Version Date issued Brief description 1.0 27/8/2009 Initial issue 2.0 23/1/2013 Full review

Adopted by Council Date: 23 January 2013 Last reviewed Date 13 August 2009

Governance and Corporate Leadership 1.

1.2GL2 Councillor Induction 23 January 2013

Objective

To ensure that newly elected Councillors are provided with a comprehensive induction program

and associated support to fulfil their roles and responsibilities as elected members and to

provide good governance to the Shire.

Strategy

Newly elected councillors Councillors are to receive a comprehensive induction training

program in the first four weeks following the Local Government Elections in October. The

induction will be coordinated by the CEO in liaison with the President. The President, CEO and

key staff members will present relevant information based on the guidelines on the induction of

newly elected members distributed by the Department of Local Government and Communities

(DLGC). Site visits to key Council facilities will also be provided as part of the councillors’

induction. Incoming councillors Councillors will be strongly encouraged to participate in WALGA

new councillor Councillor training and other WALGA training modules for elected members.

Additionally, the Councillors will receive a copy of the Elected Members induction manual, which

has been developed in accordance with the DLGC guidelines.

Application

Responsibility for the implementation of this policy rests with the Chief Executive Officer. The


Document and version control table

Strategic outcome Corporate Plan 2014-2018 Goal 5 – Effective Leadership and Governance





Formatted: Space After: 6 pt, Line spacing: 1.5 lines

Responsible Directorate CEO Authority of original issue:

Council

Date of original issue: Council meeting date 27 August 2009 Contact officer CEO EA Date of next review: May 2020 Document No. N129847 Version Date issued Brief description 1.0 27/8/2009 Initial issue 2.0 23/1/2013 Full review Adopted by Council Date: 23 January 2013 Last reviewed Date 27 August 2009 Formatted: Font: 8 pt


1.3 GL3 Provision of Councillor Support 23 January 2013

Objective

To ensure that Councillors have equitable access to an appropriate range of support to ensure

that they are able to effectively fulfil their role and provide good governance to the Shire of

Augusta- Margaret River.

Strategy

Council shall ensure adequate resources are allocated annually in the Shire’s budget to provide

support to Councillors so that they may appropriately fulfil their role as councillorsCouncillors.

The CEO must refer to Council any request by a Councillor for equipment, supplies, information,

support, fees, allowances, professional development or reimbursement of expenses that is

additional to or outside of the requirements of Council policy.

Shire President

The Shire President shall, in carrying out the duties of that office, be entitled to receive the

benefit of the following services and facilities, subject to budgetary constraintsallocations, in

addition to those available to all Councillors and in addition to the fees and allowances

approved by Council and payable under the Local Government Act:

a) Suitable office accommodation within the Council Administrative offices including

computer and telephone access;

b) Shared secretarial servicesadministrative support provided by the CEO’s Executive

Assistant including typingword processing, photocopying, printing, postage, facsimile,

telephone reception and appointment management services;

c) Administrative assistance provided by the CEO’s Executive Assistant associated with

organising and assisting with any Council ceremonies, meetings and official functions;





d) Assistance with media releases and speeches provided by the CEO and Public Relations

and Marketing Marketing and Events Officer;

e) Occasional hospitality for distinguished guests and visitors on official business to the

Shire in liaison with the CEO, eg President and CEO of WALGA, Presidents and CEO’s

of other local governments, meals following Caperoc CapeROC Meetings, Members of

Parliament, visiting speakers, project consultants and other dignitaries.

f) Mobile telephone with hand free car kit, including payment of all rental and reasonable

call charges;The registration cost or ticket cost for the President, plus his or her partner

attending any breakfast, dinner, Shire or State Government sponsored event or similar

function where invited as the President and representative of the Shire provided such

function does not fall into the category of a Conference and Training event or is not for an

election purpose;

g) Mobile telephone with hands free car kit, including payment of all rental and reasonable

call charges;

h) A fully maintained executive standard vehicle which meets the Shire’s purchasing

standards for fuel efficiency, safety ratings and acceptable resale value shall be provided

to the Shire President in lieu of travel/mileage claims otherwise claimable by the

President for use of his/her personal vehicle. The vehicle is to be provided to the Shire

President following the signing of an agreement which sets out the responsibilities of the

President in relation to the use of the vehicle as follows:

• The vehicle can be used for personal private purposes, not for any commercial

purpose, but only on the basis that the cost of that private use is fully reimbursed

by the President to the Shire of Augusta-Margaret River;

• The provision of a vehicle will not be considered as part of the calculations in

adopting the fees, allowances and reimbursements (other than the travel/mileage

claims) otherwise ordinarily payable to the President’s position as approved by

Council in accordance with the relevant provisions of the Local Government Act

1995; and Will be administered in accordance with the Shire’s Light Fleet

Management procedures as amended from time to time by the Chief Executive

Officer.

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g) A fully maintained executive standard vehicle which meets the Shire’s purchasing

standards for fuel efficiency, safety ratings and acceptable resale value shall be provided

to the Shire President in lieu of travel/mileage claims otherwise claimable by the

President for use of his/her personal vehicle. The vehicle is to be provided to the Shire

President following the signing of an agreement which sets out the responsibilities of the

President in relation to the use of the vehicle as follows:

• The vehicle can be used for personal private purposes, not for any commercial purpose,

but only on the basis that the cost of that private use is fully reimbursed by the President

to the Shire of Augusta-Margaret River;

• The provision of a vehicle will not be considered as part of the calculations in adopting

the fees, allowances and reimbursements (other than the travel/mileage claims)

otherwise ordinarily payable to the President’s position as approved by Council in

accordance with the relevant provisions of the Local Government Act 1995; and Will be

administered in accordance with the Shire’s Light Fleet Management procedures as

amended from time to time by the Chief Executive Officer.

The calculation of the private use component of the vehicle costs to be reimbursed to the local

government by the President is to be determined as follows: • SHIRE OF AUGUSTA-MARGARET RIVER

• A logbook is to be kept of both official and private use of the vehicle which shall be

agreed with the President as being the basis upon which the costs of private use

will be calculated and subsequently required to be paid by the President to the

Shire on a quarterly basis. On the basis that the predominant use of the vehicle

will be for official purposes, only those vehicle costs of a “variable” nature directly

affected by the additional private use will be used for determining the payment for

private use to be made by the President.

• In other words the President will be required to reimburse the % of private use of

the annual maintenance costs plus annual fuel costs made by the Shire. This is to

be calculated according to the following formula:

Annual reimbursement for private Use = % of annual kms used for private use x

(annual maintenance costs + annual fuel costs)

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Councillors

All Councillors, in carrying out the duties of their office, will be entitled to receive the benefit of

the following services and facilities, in addition to the fees and allowances approved by Council

and payable under the Local Government Act.

a) ; Access to the Councillors’ lounge during business hours and before and after meetings

including a work desk in the Councillors lounge with computer access and telephone

access

b) A small office in the Augusta Council Offices with telephone access will be provided to

Leeuwin Ward Councillors;

c) Food or beverage provided for Councillor and Committee of Council meals prior to or

after meetings and workshops of Council and Committees of Council; authorised Council

strategic planning workshops, Councillor training, Council functions or other events and

recognition functions;

d) IT support and advice to ensure councillors are able to receive information electronically

through the email system. Councillors who do not have access to a laptop, Ipad or tablet

or a PC will be able to access a computer at the Shire Offices or be provided with an

Ipad or similar tablet;

e) IT training in software applications to assist councillors in the effective and use of a

laptop computer or PC and other information technology required to fulfil their duties as a

councillor.

f) The registration cost or ticket cost for the councillor, plus his or her partner attending any

breakfast, dinner, Shire or State Government sponsored event or similar function where

invited as the councillor and representative of the Shire provided such function does not

fall into the category of a Conference and Training event or is not for an election purpose;

g) Business cards. Each Council member will be allocated a maximum of 1000 business

cards after each Ordinary Council Election. The business cards will be printed in

accordance with the Shire’s Corporate Style Guide. Business cards must be used for

Council business only and must not be used for electioneering purposes.

h) Name badges. Two name badges will be provided for each councillor and one for their

partner.

i) Access to Shire information through a secure electronic facility.

j) A Councillors’ Manual in electronic CD form or hard copies on request containing the

Governance Charter, Council policies and other relevant Shire documents.

k) Local Government Act 1995 and Local Government Regulations will be accessed

through the State Law Publisher website and councillors will be trained on how to access

the most recent and up to date legislation through the Councillor Induction program.

e)

f) Business cards. Each Council member will be allocated a maximum of 1000 business

cards after each Ordinary Council Election. The business cards will be printed in

accordance with the Shire’s Corporate Style. Business cards must be used for Council

business only and must not be used for electioneering purposes.

g)l) Name badges. A Two name badges will be provided for each councillors and one for

their partners.

h)m) Access to Shire information through a secured elected member access facility on

the Shire’s intranet site. secure electronic facility

i)n) A Councillors’ Manual in electronic CD form or hard copies on request containing the

Governance Charter, Council Policies policies and other relevant Shire documents.

j)o) Local Government Act 1995 and Local Government Regulations will be accessed

through the State Law Publisher website and councillors will be trained on how to access

the most recent and up to date legislation through the Councillor Induction program.

Application

Responsibility for the implementation of this policy rests with the President, Councillors and

Chief Executive Officer. The Policy policy is to be reviewed every three years.



Council

Date of original issue: Council meeting date 27 August 2009 Contact officer CEO EA

Date of next review: May 2020 Document No. N129848 Version Date issued Brief description 1.0 27/8/2009 Initial issue 1.1 25/5/2011 Review to update Shire President Vehicle provisions 2.0 23/1/2013 Full review

Adopted by Council Date: 23 January 2013 Last reviewed Date: 27 August 2009 & President’s vehicle 25 May

2011 (OM1105/25)


1.4GL4 Councillor Professional Development 23 January 2013

Objective

To ensure that Councillors have equitable access to a range of relevant Councillor training and

professional development opportunities to enhance their ability to fulfil their roles and

responsibilities as elected members and to provide good governance to the Shire.

Strategy

Council shall ensure adequate resources are allocated annually in the Shire’s budget to provide

the opportunity for Councillors to participate in appropriate training and development. (ie $2,000

per Councillor plus an additional $3,000 for the President to attend an interstate conference or

function annually).

Authorised Training / Conferences

Councillors are permitted to attend the following training opportunities, up to a total of $3,000 in

expenditure without requiring further Council authorisation:

• WALGA Elected Member Training Modules, seminars, forums and workshops;

• WALGA Annual Local Government Week ConferenceConvention and associated training

courses;

• LGMA Annual State Conference, SW Conference and other LGMA seminars and

workshops

• The Planning Institute of Australia (PIA) Annual State Conference, seminars and forums;

• Breakfast or workshop speakers identified by the President in liaison with the CEO and

advertised by email;

• Relevant training of the Councillor’s choice from within their individual budget allocation,

but not exceeding $1,500 per instance. This training must be relevant to the Councillor’s

role and must be assessed by the Councillor to meet the required points of the training /

conference assessment matrix presented below.





In addition to the above permitted training opportunities, the President can use his training

allocation as Council’s delegate, to attend one or more of the following conferences; the annual

Local Government Managers Australia (LGMA) National Congress, the Annual Seachange

Taskforce Australian Coastal Councils Conference, and the ALGA National Conference. and

the Prime Minister’s Australian Council for Local Government Mayors and Presidents annual

forum, or in the event that the President is unable, or declines to attend, then Council is to be

represented by the Deputy President, or if the Deputy President is unable, or declines to attend,

then Council shall appoint a Councillor who is able to put forward the best case for attending.

Training / Conference Costs

The Shire will meet the costs of all the Councillor’s accommodation, airfares, conference costs

and associated insurance costs., through advance payment by the Shire directly to the provider,

or by reimbursement to the Councillor upon the production of receipts and other supporting

documentation

The Shire will also meet the cost of additional travelling expenses including meals, transport

and incidentals based on the State Public Service schedule of allowances for intrastate and

interstate conferences. The additional travelling allowances shall be paid in advance and

receipts accounting for expenses will need to be provided to the Shire on the Councillor’s return.

Any unspent funds are to be returned, whilst over budgetThese expenses, supported by

receipts, shall be reimbursed to the Councillor.

Councillors will be required to meet the costs of any additional accommodation and expenses

incurred as the Shire will not meet any costs for private travel over and above the number of

nights’ accommodation and expenses required to attend the conference.

The cost of the Councillor’s partner attendance at Conference dinners, associated functions

and partners’ programs and daily meals will be met by the Shire, but not additional airfares, full

conference registration and travelling allowances. This policy is also to apply to the CEO when

attending an intrastate or interstate conference accompanied by his spouse.

Whilst Council supports Councillors in balancing their public duties with their family

commitments, it does not support ratepayers having to pay the full cost of partner’s

accompanying elected members on Council business.

Council’s delegate is to provide a written report on the key outcomes from any interstate

conference relevant to the Shire of Augusta-Margaret River within one month of returning from

the conference.

Additional Training / Conference Opportunities require Council Approval

In order to receive Council approval for additional training over and above the authorised

training in this policy councillors are to provide a written request to the CEO a minimum of two

weeks prior to the distribution of the Council agenda for any relevant training opportunities

outside of the authorised training listed previously in this policy or when a councillor has

expended his or her budget allocation and wants to access further training.

The following conference / training assessment matrix is to be completed by the CEO in liaison

with the President and included in the report. A minimum of 20 points is required for the CEO to

recommend that the Council approve Councillor attendance:

Conference / Training Assessment Matrix

Criteria 1 2 3 4 5 Relevance to Councillors’ governance

role under LGA, as opposed to officers’

operational role

Value for Money & Cost/Benefit

Alignment with Council’s Strategic Plan

and Current Priorities

Lack of alternative training opportunities

to gain same skills

Level of quality networking opportunities

with peers

In the event that there is insufficient time for Council approval to be obtained for a Councillor to

attend an identified relevant training opportunity, the CEO is authorised to register the

Councillor’s attendance in the training program after firstly completing the evaluation matrix in

liaison with the President, and the President and CEO being satisfied that a minimum of 20

points has been achieved.

Councillors will be eligible to attend only one event per financial year without Council’s

authorization authorisation under this section of the policy.

Other Matters

Council approval is required in advance in order for any Councillor with the exception of the

President as outlined above to attend an interstate conference. If Council approval is granted,

then accommodation and travelling expenses will be met in accordance with the State Public

Service schedule for interstate travel.

Council will consider on its merits any request for the payment of registration fees and daily

allowances from a Councillor who wishes to attend an interstate or overseas conference and is

prepared to meet their own travel and accommodation costs. Daily allowances will be based on

the State Public Service schedule of travel allowances.

Council will consider sending a maximum of two Councillors on an organized organised local

government study tour to the Eastern States or New Zealand when the opportunity arises and

meet all costs of airfares, accommodation and daily allowances in accordance with the State

Public Service schedule of daily allowances.

The CEO, in liaison with the President, shall bring forward for Council consideration any

proposals for “in-house” training and Councillor development opportunities to meet Council’s

strategic objectives and priorities or to meet perceived gaps in Councillor skill development.

A Councillor shall not be permitted to nominate for attendance at a conference four months prior

to their term of office expiring with the exception of WALGA’s Annual “Local Government Week”

State Conference. Local Government Convention.

Application





Council


Adopted by Council Date: 23 January 2013

Last reviewed Date: 27 August 2009


1.5 GL5 Councillor Contact with Administration 23 January 2013

Objective

To enable frank and open communication between the Councillors and the Chief Executive

Officer and to avoid potential conflict by recognising the respective roles of Councillors and the

Chief Executive Officer who has responsibility for directing staff and day to day operational

matters.

Strategy

In line with the separation of roles in the Local Government Act 1995 and reinforced by the

Local Government (Rules of Conduct) Regulations 2007, Councillors are expressly prohibited

from directing or attempting to direct Shire employees to either do or not to do anything. Nor

are they permitted to threaten or influence, by way of a reward, Shire employees to conduct

themselves in a particular way. Councillors are to direct their contact through the Chief

Executive Officer or with the CEO’s approval to the Shire’s Directors. Any concerns about staff

behaviour or performance should however, be directed to the Chief Executive Officer only.

The Chief Executive Officer will liaise with the President on a regular and as needed basis and

is also available to Councillors during the day other than when prior commitments make this

impossible. Where Councillors have a particular need to see the Chief Executive Officer or a

Director then an appointment can be made. The Chief Executive Officer is to ensure that

(where appropriate) the concerns of Councillors are passed on to other Councillors and the

executive management group. Councillor requests will be actioned as soon as practicable within

existing works scheduling and adopted Council budgetary priorities.

If a Councillor is approached by an employee who wishes to raise an internal staffing,

performance management issue or day to day operational matter then, the Councillor should

point out that it is not the role of a Councillor to be involved in such matters and that the





employee’s concerns need to be referred to the Chief Executive Officer. The Councillor will as

soon as practicable, advise the Chief Executive Officer of the matter raised so that the issue

may be addressed and the Councillor can be apprised of all of the facts and if applicable all

sides of the issue raised.

Staff members lobbying Councillors to obtain an advantage for themselves or to disadvantage

another are breaching the Code of Conduct for Employees and such conduct should be actively

discouraged by Councillors.

Application

Responsibility for the implementation of this policy rests with all Councillors and the CEO of the

Shire of Augusta-Margaret River. The Policy policy is to be reviewed every three years.



Council


Adopted by Council Date: 23 January 2013 Last reviewed Date: 27 August 2009

1. Governance and Corporate Leadership

1.6GL6 Councillor Agenda Briefings and Concept Forum Sessions 7 March 2014

Objectives The purpose of Councillor Agenda Briefings and Concept Forums is to:

1. Provide relevant information so that Councillors are better informed when participating in Council decision making processes.

2. Provide a forum for two-way communication between elected members and key staff members on important Council related matters.

3. Provide an inclusive opportunity for general community members and the press to receive the same information on Agenda Items being provided to elected members on a range of relevant topics

Strategy The Department of Local Government and Communities (Reference Operational gGuidelines number Number 05) acknowledges that many local governments, especially those in rural areas, need from a time management viewpoint to conduct pre-meeting forums as Councillors need an opportunity to discuss issues with within the freedom of a forum rather than in a formal Council meeting. The following strict guidelines, however, are to apply to Councillor Agenda Briefings and Concept Forum Sessions to ensure openness and accountability is safeguarded:

1. Agenda Briefing Sessions are not to become “de facto” meetings and there must be no implication of debate or collective or collaborative decisions being made or implied.

2. Agenda Briefing Sessions are open to all elected members and generally to all members

of the public and press. The Chief Executive Officer is to be in attendance and other relevant Directors and staff as required by the CEO for the provision of information to elected members. 2.

3. Matters of a confidential nature to be included in a future Council agenda or on the current Council agenda will be discussed at closed briefing sessions. Otherwise normal briefing sessions will be open to the public at a suitable publicly accessible time.

4. As recommended by the Department of Local Government and Communities, sessions

considered by the CEO in consultation with the Shire President to be Concept Forums will be closed to the public to facilitate the open discussion of preliminary ideas and concepts by Councillors.

5. Agenda Briefing sessions and Concept Forums are to be held on the second and fourth

Wednesday of the month prior to Council Meetings with additional sessions or workshops




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as required and called by Council or the President or convened by the CEO in liaison with the President.

6. Briefings on Agenda items where possible will be discussed at briefing sessions a

minimum of two weeks in advance of the Council meeting at which the item is on the agenda. From a time management perspective this may not always be possible or cause additional delays in processing applications so matters will at times need to be discussed at an open Agenda Briefing on the afternoon prior to the Council meeting.

7. Briefings will be open unless matters of a confidential nature are discussed as the

community expectation is for a full and open debate to be held in public at the Council meeting without discussions behind closed doors immediately prior to the meeting. To assist Councillor understanding complex future agenda items should be broken down and presented to Council at preceding briefing sessions in advance of the item appearing on the agenda paper. A case for discussing an agenda item immediately prior to a meeting identified in the DLG Operational Guidelines is when a Councillor has additional or alternative information to that contained in a staff report which may cause problems at the meeting if Councillors and staff are not previously informed (see also 10 below).

8. Notice of Agenda Briefings and Concept Forums will be given in the Councillors’ Update

and by separate notice via email invitation and will include a list of topics or a program with any accompanying information, agenda items or discussion papers. Councillors wishing to have an item included on the program are to advise the CEO and the President via email at the earliest opportunity. The public will be informed of items which will be discussed in Agenda Briefing sessions by advertisement along with the items on the Council agenda in the local newspaper. Agenda Briefings will be held in the Council Chambers.

9. Strategic Planning and Concept forums and workshops will generally be held in the Council Chambers or at other venues either inside or outside of the Shire Offices to facilitate informal discussion.

10. All Sessions will generally involve information being given by the relevant officer and

other parties with questions and discussion from the floor being directed through the chair or by breaking into smaller workshop discussion groups before returning to the whole group for the sharing of ideas. On occasions an external facilitator may be required to assist Council.

11. Councillor Agenda Briefings and Concept Forum Sessions are to be chaired by the President. The CEO is responsible for the presentation of information and for providing direction to staff. 11.

12. To facilitate participation and the exchange of ideas formal standing orders will not apply to both information Agenda Briefings and to Concept Forums apart from being used as a general guide to Councillor conduct in conjunction with the Shire’s Code of Conduct and Rule of Conduct Regulations. Councillors with a conflict of interest either financial ,

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proximity or affecting impartiality are required to disclose and absent themselves from the sessions as required under the Act.

13. It is anticipated that Concept Forum sessions will result in one or more of the following outcomes:

• capacity building and up skilling of Councillors • discussion of governance processes and effectiveness • a statement of principles on key issues • guidance to the CEO on further avenues of research • compiling a list of critical issues resulting from the briefing • the brainstorming of ideas • policy development and direction (but not adoption) • ongoing discussion of the Shire’s strategic direction

14. It is anticipated that Agenda Briefing Sessions will result in one or more of the following outcomes:

• breaking down of complex issues before Council • clarification of items on the Council agenda • requests for additional information on items on the Council agenda

15. Time will be set aside for the discussion of complex and high community impact items

on the agenda for subsequent Council meetings. The exception will be in special circumstances where elected members are presenting or seeking additional information and explanations from staff particularly where it is likely to lead to the non-adoption or significant variation of the officer recommendation and it has not been possible to convey that information earlier. In normal circumstances Councillors should seek to obtain advice from staff through the CEO and Directors at the earliest opportunity and prior to the meeting day.

16. When Shire Planning matters are being discussed Councillors are required to avoid expressing their opinions for or against the proposal prematurely. They are required to maintain an independent unbiased viewpoint and gather and assess all relevant information including listening to the debate of their fellow Councillors in a formal meeting prior to voting. All Agenda Briefing sessions are to be received and viewed as part of a fact finding process leading up to the final decision at a formal Council meeting.

17. Elected members, staff, consultants and other participants shall disclose their financial

and conflicts of interest in matters to be discussed in Agenda Briefings and Concept Forums. Interests shall be disclosed at the start of the session and in accordance with the provisions of the Local Government Act 1995 as they apply to ordinary Council meetings. Persons disclosing a financial interest shall not participate in that part of the briefing session or workshop relating to their interest and leave the room unless the forum otherwise allows. Interests affecting impartiality should also be disclosed and dealt with in accordance with the Rules of Conduct Regulations.

18. Notes will be produced as a record of the fact that an information briefing or workshop

was held, giving a list of those attending, a brief summary of the issues(s) and relevant discussion.

These notes will be:

• circulated to all elected members • used by relevant staff • be available to members of the public on request • be maintained in the records management system • be included in the agenda of a Council meeting on a bi-monthly basis.

Staff are to use notes from information workshops as a resource when preparing Council reports. These notes do not represent the formal views of the Council and as such are not to be construed as giving specific direction to staff on a particular matter.

Application This policy is to apply to all Councillor Agenda Briefings and Concept Forum sessions. The CEO is responsible for the administration of the sessions in terms of staff attendance, convening sessions, notice of the items to be discussed at the session, and the keeping of a record of the proceedings including reporting details of the sessions on a bi-monthly basis. The policy is to be reviewed every three years. Document and version control table Strategic outcome Community Strategic Plan 2033, Corporate Business Plan 2016-2020 Goal

2 Welcoming and Inclusive Communities Responsible Directorate

Office of the CEO

Authority of original issue:

Council

Date of original issue: 27 August 2009 Contact officer EA CEO Date of next review: May 2020 Document No. N129858

Version Date issued Brief description 1.0 27/8/2009 Initial issue 2.0 23/1/2013 Major review

2.1 13/11/2016 Reviewed and amended to allow open briefings to occur

Adopted by Council Date: 13 November 2013

Last reviewed Date: 23 January 2013


1.7GL7 Acting Chief Executive Officer 23 January 2013

Objective

To establish guidelines for filling the position of Acting Chief Executive Officer when the CEO is

on leave or during periods of unforeseen prolonged absence.

Strategy

The Council will appoint an Acting Chief Executive Officer to fulfil the duties and exercise the

powers of the Chief Executive Officer in periods of annual leave and during periods of

unforeseen prolonged absence of the Chief Executive Officer for more than four weeks. The

appointment will be made from the Executive Officers of the Council on a rotational basis in

accordance with the length of service in the Shire’s employment. For absences of up to four

weeks the The CEO has delegated authoritythe legislative power to appoint an Acting CEO

under section 5.44 of the Local Government Act 1995, and this will be exercised for periods of

up to four weeks.

Application

The CEO is to provide the required report to Council to make the appointment in a timely

manner. This policy is Tto be reviewed every three years.



Council

Date of original issue: Council meeting date 27 August 2009 Contact officer CEO EA Date of next review: May 2020 Document No. N129680 Version Date issued Brief description 1.0 27/8/2009 Initial issue





2.0 23/1/2013 Full review

Adopted by Council Date: 23 January 2013 Last reviewed Date:27 August 2009

Governance and Corporate Leadership

1.

1.8GL8 End of Term Acknowledgement Function 23 January 2013

Objective

To acknowledge the contributions of Councillors and Executive Staff and their respective

partners over the term of the Council prior to the Local Government Election.

Strategy

An appropriate function will be held every two years immediately prior to the Local Government

Election at a venue within the Shire of Augusta-Margaret River. The arrangements are to be

finalised by the CEO in liaison with the President, and sufficient funds included in the budget for

the purpose.

Application

Responsibility for the organisation of this function rests with the CEO and President. This policy

is Tto be reviewed every three years.



Council


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1.9GL9 Council Delegates 23 January 2013

Objective

To provide guidance to Council on the selection of delegates and guidance to Councillors on

their required roles and responsibilities

Strategy

Being a Council Delegate representing the Shire of Augusta -Margaret River is an important role

and carries with it a high level of responsibility. It is important to ensure that the most

appropriate person is appointed for a delegate position and that clear guidance is given as to

the obligations of the role.

This Policy policy will – :

• Prescribes the manner by which delegates nominated by Council as members of external

committees or organisations may fulfil their representative role;

• Provides guidance to Councillors and the CEO on the process to be used in selecting

and appointing Councillors to committees and to external bodies; and

• Outlines how appointments are to be made for some specific organisations.

Council will only consider the appointment of a delegate/s to another committee or group in the

following circumstances:

• Where the body/group/organisation represents state or regional interests that are likely to

impact upon the Shire of Augusta -Margaret River;

• Where the body/group/organisation represents local interests and the Council has a

direct financial interest in the affairs of that group; or

• Where the body/group/organisation represents local interests and the group occupies

Council property.





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Delegate Roles and Responsibilities

Where a Councillor has been endorsed as Council’s delegate for an external committee, body

or organisation the delegate shall:-

• Understand that their appointment / membership is as a representative of the Council

and is by right of their position with Council;

• Ensure their availability to attend scheduled meetings, and where they are unable to do

so, provide prior apology to the respective Presiding Member. The delegate must also

provide timely notice of anticipated absences to any deputy delegate where one is

appointed;

• Ensure that in participating and contributing to decision making of the external

organisation the delegate communicates and is cognisant of Council’s determined

position on matters before the external organisation;

• Perform the functions and duties of a delegate in accordance with the standards set out

in the Shire’s Code of Conduct; and

• Keep Council informed of the activities and achievements of the external organisation in

a timely manner.

Where a delegate has failed to attend three successive external organisation meetings, with or

without apology, during a period where leave of absence has not been granted, the Council

shall consider appointing a replacement delegate to ensure that the purpose and integrity of

Council’s participation in the external organisation is maintained.

If a delegate is unable to fulfil their commitment to an external organisation then the delegate

must advise the Chief Executive Officer so that Council’s consideration of appointing a

replacement delegate can be facilitated and subsequent formal advice to the external

organisation attended to.

Method for Appointing Delegates

At a meeting of the Council where a Councillor is to be appointed to a committee or to an

external body (other than those positions specifically addressed in this policy) and there are

more nominations than vacancies, the Chief Executive Officer is to conduct a secret ballot using

the first past the post system to establish the preferred delegate or delegates to fill the position.





In the event of a tied vote for a position, lots will be drawn by the Chief Executive Officer to

determine the preferred delegate.

The President or Presiding Member is then to call for a resolution of Council for the preferred

delegate or delegates to be appointed to the vacant position and for the next preferred delegate

to be appointed the deputy for the position to carry out the duties of the appointed Councillor in

his or her absence when required.

Where a Councillor has indicated their desire to nominate for a delegate position and the time

for acceptance of nominations closes prior to the next available Council meeting, the Chief

Executive Officer is to forward the relevant nomination and subsequently advise Council of the

nomination, so that it can be considered and ratified through the normal process. Where the

number of nominations from Councillors exceed the number of vacant positions, the Chief

Executive Officer will consult with the President to determine an order of preference based on

experience in the position of Councillor and interest and merit in the vacant position.

Application

Responsibility for the implementation of this policy rests with the President, Councillors, Council

delegates and Chief Executive Officer. The Policy policy is to be reviewed every three years.



Council



1.10GL10 Women in Local Government 23 January 2013

Objectives

The Shire of Augusta -Margaret River aims to advance the representation of women in decision

making roles as councillors, managers and emerging leaders within the organisation.

Strategy

The Shire of Augusta-Margaret River:

• acknowledges that in Local Government women are under represented both as elected

members and as senior members of administrations and that their increased participation

in both of these arenas should be encouraged;

• acknowledges that increasing the representation of women in leadership positions will

help challenge and shift workplace cultures and provide women with a greater capacity to

participate in the development and implementation of legislation, policies and services

that affect their lives.

• ensures that no discrimination or impediment exists, and will take action to ensure that

barriers to women’s full participation in Local Government are removed; and

• agrees to create and support an environment in Local Government which is harassment-

free and that encourages the expression of and respect for a wide range of views.

The Shire of Augusta- Margaret River will:

• work towards a local government and community where women feel able to fully

participate and share their skills, knowledge and experience;





• work towards a harassment-free, participative local government where opinions and

differences are respected;

• develop a climate of understanding among Councillors, the CEO and senior staff of the

need for greater participation of women in leadership roles and to enlist their support;

• provide support for women who choose to develop their leadership capacity

through specific training and networking activities for women;

• provide flexible working arrangements that enable staff to balance their work and family

responsibilities so that they may grow to their full potential without unfair barriers to

advancement;

• Identify career growth plans for high performing and competent women employees to

develop their leadership capacity, and

• adopt organisational employment targets that address under represented groups within

the workforce including women.

Application

The application of this policy shall be the responsibility of the Council, Councillors, CEO and

staff of the Shire. This policy is Tto be reviewed every three years.


Strategic outcome Corporate Plan 2014-2018 Goal 5 – Effective Leadership and Governance


Council

Date of original issue: Council meeting date 27 August 2009 Contact officer CEO EA Date of next review: May 2020 Document No. N129863

Version Date issued Brief description 1.0 27/8/2009 Initial issue 2.0 23/1/2013 Full review


Strategic Planning, Asset Management and FinanceGovernance and Corporate Leadership 2.

2.1GL11 Financial Viability 23 January 2013

Objectives

The purpose of this policy is to continuously strengthen the Shire’s financial performance and

position and overall financial viability in order to effectively and efficiently deliver sustainable

outcomes to the community.

Strategy

In carrying out its functions the Shire of Augusta Margaret River is to use its best endeavours to

meet the needs of current and future generations through an integration of environmental protection, social advancement and economic prosperity. (Section 1.3 (3) of the Local

Government Act).

This requires ongoing prudent financial management to achieve sustainable outcomes for the

community.

The Shire of Augusta Margaret River’s long term financial performance and position will be

sustainable where the:

(1) Continuation of the Council’s present spending and funding policies;

(2) Likely developments in the Council’s revenue raising capacity and in the demand

for and costs of its services and infrastructure; and

(3) Normal financial risks and financial shocks,


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altogether are unlikely to necessitate substantial increases in Council rates or alternatively

disruptive service cuts. (Ref: SA Inquiry Report 2005)

In accordance with the Intergovernmental Agreement on Cost Shifting (IGA) signed by the three

tiers of government in 2006 the Shire of Augusta Margaret River commits to sound public

governance through sound financial management, long term planning, infrastructure

maintenance and renewal, effective service delivery and capacity building.

Sound Financial Management The Shire of Augusta Margaret River commits to:

1. Sound fiscal management by working towards:

a) prudent management of assets and liabilities;

b) ensuring that revenue and spending decisions have regard to their effect on

future generations and ongoing financial sustainability;

2. Ensuring that its decisions on service delivery and the provision and maintenance of

infrastructure are made with due regard to available, existing and anticipated future

financial resources and competing priorities;

3. Improving its practices including strategic planning and resource sharing at local

and regional levels, prudent borrowing and appropriate pricing regimes;

4. Being responsible for funding functions it chooses to undertake in an area of

responsibility of other spheres of government, in addition to funding its existing core

functions.

Long Term Planning The Shire of Augusta Margaret River will:

1) Undertake long term planning and funding of infrastructure, services and land use

including conservation works in close consultation with the community so as to

prioritise Council spending, manage public expectations and achieve financial

viability.

2) Implement and maintain asset management systems to achieve “whole of life”

planning for asset and infrastructure maintenance and renewal.

3) Develop and maintain a long term Community Plan and a 4 year Corporate Plan

underpinned by a Strategic Financial Management Plan, an Asset management

Plan and a Workforce Plan in accordance with the DLG’s Integrated Planning

Framework.

4) Adopt depreciation schedules which are accepted by the wider industry and which

enable meaningful benchmarking to occur with other local governments.

Infrastructure Maintenance and Renewal The Shire of Augusta Margaret River will:

1) Increase the funding for infrastructure renewal and expansion by minimising

growth in the operational budget and increasing the ratio of rate income and

untied grants allocated for capital and non-recurrent items as opposed to recurrent

spending;

2) Apply capital grants and asset sales proceeds for their intended purpose, namely

funding the renewal of infrastructure that has depreciated, or the creation of new

infrastructure required to meet future needs, rather than using such moneys for

covering operating (e.g. human and other services) deficits;

3) Adopt a whole of government approach to infrastructure maintenance, renewal

and expansion and seek financial contributions from the State and Federal

Governments;

4) Work with the local government industry to ensure that the State Government

adequately compensates the Shire of Augusta Margaret River for functions

devolved to them and to persuade the Commonwealth to tie local government

grants to a growth tax (e.g. 1% of total Commonwealth taxes);

5) Adopt an intergenerational approach to financing infrastructure maintenance,

renewal and expansion by Council using its capital revenues only for capital

expenditure and boosting its capital borrowings to modest sustainable levels.

6) Avoid taking on additional responsibilities for asset maintenance and infrastructure

renewal and expansion from the State Governments without a commensurate

allocation of capital and recurrent funding.

7) Seek to provide fewer and better quality facilities by rationalising its assets and

infrastructure through the prudent sale of surplus land, closing ageing facilities

where appropriate and not duplicating facilities and services provided by the

private sector and other non-profit bodies.

8) Maximise external funding opportunities for capital projects such as Roads to

Recovery and Black Spot funding.

Effective Service Delivery The Shire of Augusta Margaret River will:

1) Not undertake services or functions, which duplicate to the extent considered

inappropriate those provided by other tiers of government, the private or non-profit

sector.

2) Decrease the size of the operating budget as a ratio of rate income plus untied

grants by only taking on additional services and staffing when they are fully

justified and where avenues to obtain external funding or where financial offsets

can be gained from within the operating budget by shedding other services or

functions or by increased efficiencies have been fully explored.

3) Avoid increasing the size of the operating budget by being overly compliance

driven and risk averse as opposed to allocating resources for the achievement of

strategic projects.

4) Conduct rolling reviews of services based on a sustainable best value analysis to

ensure that services continue to meet community needs as strategic priorities for

the Shire, are run effectively and efficiently and do not duplicate services provided

by other providers.

5) Where possible and socially sustainable, operate services on a cost recovery

basis.

6) Review the schedule of fees annually to ensure that services and facilities

provided are benchmarked with other local governments to maximise return on

investment whilst meeting adopted social objectives.

7) Avoid over servicing of client groups when meeting contractual obligations of

external funding bodies and do not service any client groups outside of the Shire

unless fully funded by the funding body including all on costs and a rental for any

infrastructure used.

8) Ensure that any functions undertaken by local government on behalf of other tiers

of government are appropriately funded to meet increasing compliance costs such

as industry accreditation.

9) Adopt appropriate industry standards for all services and functions undertaken,

benchmark services to the community against other local governments and the

private sector to ensure that they are competitive and use resource sharing where

efficiencies and/or service delivery improvements can be made.

Financial Management Policies The Shire of Augusta Margaret River will:

1) Seek to ensure that the rate in the dollar is in keeping with regional expectations

by benchmarking with the adjoining Councils and those of the South West Region.

2) Ensure that there are no budget deficits after extraordinary items such as asset

sales and tied grants and borrowings are deleted or develop surplus budgets to

transfer funds to cash backed reserves for future infrastructure needs.

3) Contract out services where the cost to ratepayers can be reduced without an

unacceptable loss in service standards.

4) Benchmark ‘back of house’ services such as HR, Payroll and Financial Services

with the State’s shared service centre model or larger service providers.

5) Use the internal audit process and the Australian Business Excellence Framework

to identify process improvements.

6) Improve its collection of data on Key Performance Indicators and report on the

achievement of financial performance targets through the quarterly reports and

Annual Report.

7) Use zero based budgeting to annually reconfirm the mix of services to be

provided.

8) Develop an acceptable and sustainable borrowing and debt management program

to fund infrastructure needs on an intergenerational basis.

9) Support WALGA efforts to claw back rate exemptions to charitable and non-profit

organizations and resist any moves to expand the scope of exemptions.

Improving Capacity The Shire of Augusta Margaret River will :

1. Ensure the comprehensive induction and ongoing training for Councillors and staff

on order to increase their understanding of sustainability principles and increase

financial and asset management skills.

2. Review Governance and financial management in non-election years as part of a

capacity building process to enhance financial management.

Application

The application of this policy is the responsibility of Council and the CEO and applies to budget

deliberations, requests for new services, grant applications, strategic planning exercises and

community information sessions. This policy is Tto be reviewed every three years.

Document and version control table Strategic outcome Corporate Plan 2014-2018 Goal 5 – Effective Leadership and Governance Responsible Directorate CEO Authority of original issue:

Council


Adopted by Council Date: 23 January 2013 Last reviewed Date: 11 February 2009



2.3GL12 Reimbursement of Expenses 23 January 2013

Objective

To provide guidance to the Chief Executive Officer, Director Corporate and Community Services

or Manager Finance in approving the reimbursement of Councillor expenses incurred in fulfilling

their functions on behalf of the Shire.

Strategy

Reimbursement for Statutory Child Care Expenses

Section 5.98(2) of the Local Government Act and Regulation 31 of the Local Government

(Administration) Regulations

Section 5.98(2) of the Act and Regulation 31

A Councillor has a statutory entitlement to be reimbursed for child care expenses incurred by

the Councillor as a result of attendance at a council meeting or a meeting of a committee of

which he or she is member. The Shire of Augusta Margaret River will reimburse child care

expenses, verified by sufficient information, in accordance with the determination of the Salaries

and Allowances Tribunal on Local Government Chief Executive Officers and Elected Members

under the Salaries and Allowances Act 1975 section 7B.

Reimbursement of Statutory Travel Expenses Section 5.98(2) of the Local Government Act and Regulation 31of the of the Local Government



A Councillor has a statutory entitlement to be reimbursed for travel expenses incurred by the

councillor as a result of attendance at a council meeting or a meeting of a committee of which

he or she is member. The Shire of Augusta Margaret River will reimburse travel expenses,

verified by sufficient information such as a log book or signed memorandum outlining journeys


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and kilometres travelled, in accordance with the determination of the Salaries and Allowances

Tribunal on Local Government Chief Executive Officers and Elected Members under the

Salaries and Allowances Act 1975 section 7B.

ie. Travel costs incurred while driving a privately owned or leased vehicle (rather than a

commercially hired vehicle) are to be calculated at the same rate contained in Section 30.6 of

the Local Government Officers' (Western Australia) Interim Award 2011 as of the annual date of

the SAT determination.

Reimbursement of Other Expenses Section 5.98(2) of the Local Government Act and Regulation 32 of the Local Government



A Councillor is to be reimbursed for the following types of expenses to the extent set for each

type of expense where the expense is incurred:

• in performing a function under the express authority of the Shire;

• by reason of being accompanied by no more than one other person while performing an

official function where the Shire considers it to be appropriate; or

• in performing a function in the Councillor’s official capacity as a council member as distinct from an individual ward councillor.

Reimbursement of expenses will be provided where the expense is verified by sufficient

information such as tax invoices for purchases, log book entries, signed memorandum etc.

TYPE OF EXPENSE EXTENT OF REIMBURSEMENT

Travelling Expenses and Child Care Costs not Covered By Statutory Entitlement Travelling expenses and child care costs incurred by a Council member travelling to and from or attending:

a. any conference, seminar, workshop, forum or authorised training,

b. any official function that the Councillor is invited to attend in their capacity as a Councillor;

c. any official function, councillor briefing session, meeting or

In accordance with determination of the Salaries and Allowances Tribunal on Local Government Chief Executive Officers and Elected Members under the Salaries and Allowances Act 1975 Section 7A.

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event that the Council, President or the CEO requests the Councillor to attend as a member of Council;

d. any meeting of a group or body on which the Council member is a delegate or representative;

e. any site inspection, tour or individual appointment organised by the CEO and administration for all councillors, group of councillors or any individual councillor, or

f. any trip required to collect agenda papers or other Council related business from the Shire’s Administration Office.

NB: Travel such as to meet with constituents and other tasks as an individual ward councillor will not be eligible. Carer’s Costs Where a Councillor personally cares for a person who has a disability, mental illness, chronic condition or who is frail aged, the costs of a replacement carer incurred by a Councillor from attending:

a. any conference seminar, workshop, forum or authorised training,

b. any Council or committee meeting; c. any official function that the Councillor is invited to attend in

their capacity as a Councillor; d. any official function, meeting or event that the Council

requests the Councillor to attend; or e. any meeting of a group or body on which the Council member

is a delegate or representative.

The actual expense

Expenses of Being Accompanied Expenses incurred by Councillors by reason of being accompanied by no more than one other person while performing an official function in attending:

a. any official function, meeting or event that the Council requests the Councillor to attend;

b. any conference dinner or expenses approved under separate policy,or

c. any official function that the Councillor is invited to attend, along with other person, in their capacity as a Shire Councillor.

This includes conference dinners, meals and partners programs but not additional conference registrations, airfares and any additional accommodation required.

The actual expense incurred.

Conferences and Training Expenses Transport, meals, accommodation, taxi fares, telephone calls.

In accordance with determination of the Salaries and Allowances Tribunal on Local Government Chief Executive Officers and Elected Members under the Salaries and Allowances Act 1975 Section 7A.

Sundry Expenses No reimbursement

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Sundry expenses incurred by a Councillor for: a. clothing, footwear and suit hire; b. personal grooming; c. dry cleaning; d. costs of attending social functions; and e. protocol gifts.

Application

The Chief Executive Officer, Director Corporate and Community Services or Manager Finance

to approve the reimbursements for actual expenses incurred upon the production of

documentary evidence substantiating the actual costs in accordance with this Policy.





Council

Date of original issue: Council meeting date 27 August 2009 Contact officer CEO EA Date of next review: May 2020 Document No. N129866 Version Date issued Brief description 1.0 27/8/2009 Initial issue 2.0 23/1/2013 Full review 2.1 4/9/2015 Minor review to incorporate changes in the rate of payment of travel

allowances


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2.4GL13 Legal Representation 23 January 2013

Objectives

To provide clear guidelines for Council decision making when present and past Councillors and

employees become respondents in legal proceedings because of their official functions.

Strategy Section 9.56 of the Local Government Act 1995 (the Act) provides protection from actions of tort for

anything a council member or employee has, in good faith, done in the performance or purported

performance of a function under the Act or under any other written law. However, the legislation does not

preclude people taking action against individual council members or employees if they believe that the

council member or employee has not acted in good faith. Section 3.1 of the Act provides that the general

function of a local government is to provide for the good government of persons in its district. Section

6.7(2) provides that money held in the municipal fund may be applied towards the performance of the

functions and the exercise of the powers conferred on the local government by the Act or any other

written law. Under these provisions, a council can expend funds to provide legal representation for

council members and employees, as long as it believes that the expenditure falls within the scope of the

local government's function.

Under the Local Government Act 1995, the Shire is to provide 'good government for the

persons of the District'. This means in certain circumstances it is justifiable to pay for the legal

representation costs of an individual elected member or employee or those who are past

elected members or employees. In each case it will be necessary to determine whether

assistance with legal costs and other liabilities is justified for the good government of the district.

This Policy sets out guidelines to assist the Council in determining when it is appropriate to pay

legal representation costs. This Policy does not cover legal representation provided to, or on

behalf of, the Shire, but for legal representation in certain circumstances for elected members





and employees facing civil, criminal or investigative action including an inquiry under any written

law.

Payment Criteria

There are three major criteria for determining whether the Shire should pay the legal

representation costs of an elected member or employee or a past elected member or employee.

These are:

(a) the legal representation costs must relate to a matter that arises from the

performance, by the elected member or employee, of his or her Council or Shire

functions and that is not of a personal or private nature.

(b) the Legal Representation Costs must be in respect of Legal Proceedings that

have been, or may be, commenced; and

(c) in performing his or her functions, to which the legal representation relates, the

elected member or employee must have acted in good faith, and must not have

acted unlawfully or in a way that constitutes improper conduct and against the

interests of the Shire of Augusta - Margaret River.

The Shire of Augusta - Margaret River will not support any defamation actions seeking the

payment of damages for individual members or employees in regard to comments or criticisms

levelled at their conduct in their respective roles. Members or employees are not precluded,

however, from taking their own private action. Further, the Shire of Augusta - Margaret River

may seek its own advice on any aspect relating to such comments and criticisms of relevance to

it.

Examples of Legal Representation Costs that may be approved

The Shire may approve the payment of legal representation costs:

(a) where proceedings are brought against an elected member or employee in

connection with his or her functions – for example, an action for defamation or

negligence arising out of a decision made or action taken by the elected member

or employee; or

(b) to enable proceedings to be commenced and/or maintained by an elected

member or employee to permit him or her to carry out his or her functions – for

example, an action to obtain a restraining order against a person engaged in

threatening behaviour towards an elected member or employee; or

(c) for involvement in legal proceedings that require or enable evidence or information

to be given by an elected member or employee in connection with his or her

functions.

Application for Assistance

An elected member or employee who seeks assistance under this policy is to make a written

application to the Council for payment of legal representation costs. So far as possible, the

application is to be made before seeking the legal representation to which the application

relates. The application is to give details of:

(a) the matter for which legal representation is sought;

(b) how that matter relates to the functions of the relevant elected member or

employee;

(c) the lawyer (or law firm) who is to be asked to provide the legal representation.

The legal services the subject of assistance under this policy will usually be

provided by the Shire of Augusta - Margaret River’s solicitors. Where this is not

appropriate for practical reasons or because of a conflict of interest, then the

service may be provided by other solicitors approved by the Shire of Augusta -

Margaret River.

(d) the nature of legal representation to be sought (such as advice, representation in

court, preparation of a document etc);

(e) the estimated cost (if known) of the legal representation;

(f) a statement that he or she has acted in good faith, and has not acted unlawfully or

in a way that constitutes improper conduct in relation to the matter to which the

application relates;

(c) acknowledges that any approval of legal representation costs may be conditional

on repayment being required if it is found that the person has not acted in good

faith or that false and misleading information has been given in the application

process, and

(d) an undertaking to repay to the Shire any legal representation costs as determined

by Council.

An application is also to be accompanied by a report prepared by or on behalf of the CEO or,

where the CEO is the applicant, by the Director Corporate and Community Services.

Legal Representation Costs - limit

Unless otherwise determined by the Council, payment of legal representation costs in respect of

a particular application is not to exceed $10,000. An elected member or employee may make a

further application to the Council in respect of the same matter.

The Council may refuse, grant; or grant subject to conditions, including a financial limit, an

application for payment of legal representation costs. Council may also require that a formal

agreement be entered into relating to the payment and/or repayment of legal costs. In

assessing an application, the Council should have regard to any insurance benefits that may be

available to the applicant under the Shire's councillors and officers’ insurance policy (or its

equivalent).

The Council may at any time revoke or vary an approval, or any conditions of approval, for the

payment of legal representation costs. An approval is to be revoked if Council subsequently

determines that an elected member or employee has, in respect of the matter for which legal

representation costs were approved:

(a) not acted in good faith, or has acted unlawfully or in a way that constitutes

improper conduct; or

(b) given false or misleading information in respect of the application.

A determination to revoke the payment of legal expenses would be made on the basis of and

consistently with, the findings of a court, tribunal or inquiry. Where the Council makes a

determination to revoke the payment of legal expenses it may also determine that all or part of

the legal representation costs paid by the Shire are to be repaid by the elected member or

employee. Where assistance is so withdrawn, the person who obtained financial support is to

repay any monies already provided. The Shire of Augusta - Margaret River may take action to

recover any such monies in a court of competent jurisdiction.

Application

The application of this policy is the role of Council and the CEO. This policy isTto be reviewed

every three years.



Council



2.6GL14 Recognition of Departing Councillors 23 January 2013

Objective To establish a standard for Council recognition of the services of a retiring Councillor.

Strategy The CEO, in consultation with the President, is to arrange for a certificate of recognition or similar

memento with an inscription to be presented to each Councillor who completes at least the minimum

term of office for which he or she is elected. The certificate or momento memento is to be presented by

the President or the Deputy CEO President as may be required at an appropriate meeting or function

immediately prior to the Councillor’s final Council meeting or as soon as possible following the

Councillor’s final meeting.

Application Responsibility for the implementation of this policy rests with the President and Chief Executive Officer.

The Policy policy is to be reviewed every three years.



Council

Date of original issue: Council meeting date 23 January 2013 Contact officer CEO EA Date of next review: May 2020 Document No. N129870 Version Date issued Brief description 1.0 23/1/2013 Initial issue





Adopted by Council Date: 23 January 2013 Last reviewed Date: Not applicable – new policy

Information and Knowledge ManagementGovernance and Corporate Leadership 1.

3.1GL15 Councillor Requests for Information 23 January 2013

Objective

To ensure the appropriate and efficient handling of Councillor initiated requests for information

through the CEO and to avoid any excessive demands and disruption to the carrying out of

important day to day operational functions of the Shire.

Strategy

Councillors making a request for information are to direct their enquiries to the Chief Executive

Officer or with the CEO’s agreement to the appropriate Director.

The following protocols will be adhered to in respect to Councillor Information Requests.

• Councillors are entitled to all available information to enable them to fulfil their functions

under the Local Government Act. This does not extend to unlimited access to all records

and information held by the Shire;

• The CEO reserves the right to refuse access to information in the event that the

information requested is not considered to be required for fulfilling the councillor’s

functions. The CEO must indicate in writing the reasons for refusing a request and Such

such instances are to be brought to the attention of the President as soon as practicable;

• Requests should be sufficiently detailed to identify the exact information required;

• For all but straightforward advice on administrative matters, Councillors should put their

requests for information or advice in writing to be answered by the CEO or the

appropriate nominated Shire officer. These written requests then form part of Council

records and can be filed appropriately. Councillors should respect the privacy of

community members, staff and fellow councillors in the use of information provided;

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• Requests should focus on matters currently before Council and which are aligned to

corporate and Council priorities and policies;

• Assessment and prioritisation of councillor requests will be determined by the CEO

based on relative urgency, strategic alignment to Council adopted priorities and whether

there is Council support through a decision or other endorsed process;

• Requests will be actioned as soon as practicable depending on competing priorities and

on the complexity of the research required to access, collate and format the information.

The CEO is to endeavour to provide the required information within 10 working days.

• The CEO is to bring to Council’s attention whether any councillor’s excessive requests

for information are preventing Shire staff from attending to important day to day

operational matters;

• A councillor who is dissatisfied with the timeliness of information provision or level of

cooperation from the administration is to bring the matter to the attention of the President

who in turn may bring the matter before Council.

Application

Responsibility for the implementation of this policy rests with all Councillors and staff. of the

Shire of Augusta Margaret River. The Policy policy is to be reviewed every three years.



Council



3.2GL16 Privacy Policy 23 January 2013

Objective

To provide guidance to Councillors and Officers in the collection, storage and use of personal

information.

Strategy

The following procedures are to apply

1. Collection - the Shire of Augusta-Margaret River will not collect personal information

unless the information is necessary for one or more of its functions or activities.

2. Use and Disclosure - the Shire of Augusta-Margaret River will not use or disclose

personal information for a purpose other than the reason the information was

collected or as required by law.

3. Data Quality - the Shire of Augusta-Margaret River will take reasonable steps to

ensure that the personal information it collects, uses or discloses is accurate,

complete and up to date.

4. Data Security - the Shire of Augusta-Margaret River will take reasonable steps to

protect the personal information it holds from misuse and loss and from unauthorised

access, modification and disclosure and will dispose of personal information that is no

longer needed in accordance with the Records Management Plan.

5. Openness - the Shire of Augusta-Margaret River will have clearly expressed and

documented procedures regarding the management of personal information and, on





request, take reasonable steps to tell people about information it holds and how it

collects and uses that information.

6. Access and Correction -

individuals will have certain rights to access and correct personal information held about

them by the Shire of Augusta Margaret River if they believe that it is incorrect,

incomplete or out of date.

individuals will have certain rights to access and correct personal information held about

them by the Shire of Augusta-Margaret River.

7. Identifiers – the Shire of Augusta - Margaret River will not use tax file numbers and

certain other government identifiers to identify individuals.

8. Anonymity - where lawful and practicable, an individual must have the opportunity to

enter a transaction with the Shire of Augusta - Margaret River anonymously.secure in

the knowledge that any personal information will not be disclosed to other parties

Application





Council


Information and Knowledge Management Governance and Corporate Leadership 3.

3.3GL17 Use of Council Shire Logo 23 January 2013

Objective

To ensure that the Council Shire logo is used for authorised purposes only.

Strategy

The Shire of Augusta Margaret River logo may only be used with the express permission of the

Shire of Augusta Margaret River. The logo is not to be used by other members of the

community unless authorised. It belongs to the corporate body of the Shire of Augusta Margaret

River. Its identity should not be allowed to be diffused by other uses. Where authorised, the use

of the logo must comply with the Shire of Augusta Margaret River Style Guide 2015-2016.

The Shire of Augusta Margaret River logo should be featured in one of the approved forms on

any document, project or sponsorship event which the Shire of Augusta Margaret River issues

or promotes.

The logo is to be used for administrative purposes as authorised by the Chief Executive Officer.

Council's logo is copyright and its use is restricted to bona fide Council situations as set out in

the Shire Style Guide. The logo is to be used for administrative purposes as authorised by the

Chief Executive Officer.

Candidates at elections are to be expressly advised that the Shire logo is not authorised to be

used for electoral purposes.





Application



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3.4GL18 Councillor Email Policy 23 January 2013

Objective

The purpose of this policy is to provide Councillors with clear guidelines for email

communication for Shire of Augusta - Margaret River related business.

Strategy

Electronic mail (email) usage is an important part of the Shire of Augusta Margaret River’s

communication processes. The appropriate management of this communication tool has a

significant impact on the organisation in terms of the security of its information resources, its

overall efficiency/effectiveness and meeting statutory compliance.

Electronic mail (email) and Internet usage are an important part of the Shire of Augusta-

Margaret River’s communication processes. The appropriate management of these

communication and information tools has a significant impact on the organisation in terms of the

security of its information resources, its overall efficiency/effectiveness and meeting statutory

compliance.

From a statutory compliance viewpoint, all email communication from Councillors to and from

the Shire of Augusta - Margaret River should be considered as being required to be kept as a

permanent State record.

Email documentation forms part of the official business and operations of the Shire of Augusta-

Margaret River. As such, email is governed by legislation at the Federal and State level. These

include, but are not limited to, the Local Government Act 1995, State Records Act, Freedom of

Information Act, Copyright Legislation and Equal Opportunity Legislation.





Emails sent and received contain information about business activities and are therefore

evidence of business transactions in a court of law. They can be subject of legal processes

such as discovery and subpoena. Records may be required by royal commissions, auditors

and other statutory bodies to whom they may be subject.

Email Communication between Councillors and Staff

Email communication between Councillors and staff is to be on a strictly Council business

related basis.

Requests or correspondence to and from Councillors are to be directed through the CEO in

accordance with the following protocols.

1. A Councillor emails the request or correspondence to the CEO with a copy to the

President or if to a Director, with a copy to the President and the CEO. Any other staff

member receiving an email from a Councillor is to forward a copy immediately to the

CEO and to the President.

2. The CEO, or Director, will have the emailed communication if considered to be required

to be kept as a State record ‘registered’ with Records staff.

3. A response (interim or final) will be provided within 1 working day, with a copy to the

CEO;

4. The final response will be sent to the author of the request with a copy to the President

and CEO. If the matter is directly related to a decision before Council for an item on the

meeting agenda then a copy is to be provided to all other Councillors to ensure equality

of information for decision making purposes. If this communication is a State Record

then records staff are to receive a copy.

Privacy

Councillors can have a general expectation of privacy; however, they should be aware that the

Shire of Augusta - Margaret River may conduct regular audits on email and Internet usage and

content to ensure compliance with statutory workplace requirements.

General Principles

Any messages composed, sent or received on the email or Internet facilities are, and will

remain, the property of the Shire.

All Councillors have the responsibility to use the Shire’s email and internet facilities in a

professional, ethical and lawful manner and not infringe the copyright or other intellectual

property rights of third parties, distribute or store defamatory, fraudulent, harassing or obscene

messages and files, or otherwise to engage in any illegal conduct including the use of insulting,

sexist, racist, obscene or suggestive electronic mail in their roles as Councillors.

Email and Internet communication sent by a Councillor will constitute a public record, and must

be composed to a standard as if the email or Internet communication was a letter to the Shire.

Councillors should use the email address set up for them by the Shire’s Information Technology

business unit for all Shire related issues, rather than any personal email address that they may

have. These Shire email addresses should not be used for any party political, mailing list or

election purposes whatsoever.

As a general guide when sending an email the author should never write or convey anything

about a person or company that you do not want that person or company’s legal representative

to read.

Application



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3.5GL19 Correspondence Addressed to Councillors 23 January 2013

Objective

To ensure that the Shire complies with the State Records Act and Council’s adopted Records

Management Plan in relation to Councillor addressed correspondence.

Strategy

This policy relates to non-electronic correspondence or “mail” received by Elected

MembersCouncillors at the Shire of Augusta - Margaret River Council administration offices in

any format (e.g. by post, fax, courier, hand-delivered)

Correspondence addressed to Elected MembersCouncillors at the Shire Administration

administration Offices offices is to be opened by designated officers, unless it is expressly

marked Private, Confidential or Personal. If correspondence is expressly marked Private,

Confidential or Personal the correspondence is to be forwarded unopened or if a facsimile

placed in a sealed envelope to the Councillor.

Councillor correspondence of continuing value as a State Record is to be incorporated into the

Shire’s electronic record keeping system incorporated into Council’s record keeping system,

before photocopying and forwarding to the Elected MemberCouncillor. A copy of theThe

correspondence is to be forwarded to the Elected MemberCouncillor, or Elected

MembersCouncillors to whom it is addressed as the case may be, within five working days of its

receipt and registrationthe administration receiving and registering the item of correspondence.

Correspondence of nowhich has continuing value need not be incorporated into the Council’s

record keeping system and may be destroyed when reference to it ceases.





Application





Council



5. Community and Customer FocusGovernance and Corporate Leadership

5.2GL20 Donations and Community Grants 23 January 2013

Objectives

To assist community organisations and individuals in the provision of services and facilities for

the benefit of the residents and visitors to the Shire of Augusta – Margaret River.

Strategy

1. Council shall provide funds annually in its budget for expenditure on donations

and community grants of over $500 exclusive of GST.

2. Council shall on an annual basis advertise in advance of the draft budget being

finalised for community organisations to submit applications for community grants

by calling for submissions.

3. Organisations or individuals that lodge applications for a community grants after

the annual budget has been adopted will not have the application considered and

will be required to reapply prior to the following budget.

4. All applications for financial assistance by way of community grants shall be

required to provide the following information to support the application:

• A copy of the groups/organisations constitution/aims/goals;

• The purpose for which the Council funding or assistance is to be used; and

• Other information the Chief Executive Officer may request to determine an

application.

5. The allocation of funds to various groups and individuals shall be determined by

Council at the budget meeting.





6. Council shall provide additional funds to accommodate additional calls or requests

for donations received during the year. This residual fund shall be identified

separately in the Budget and shall be retained for use as donations to "disaster "

or "emergency " type appeals. The CEO will consider and approve requests of up

to $500 exclusive of GST for worthwhile requests from community groups and

individuals which arise during the year. Extraordinary requests for donations

above $500 are to be approved by Council.

7. Allocations to groups and persons shall be determined in order to achieve an

equitable distribution of funds throughout the community. Council may allocate

funds to individuals or private organisations where, in the opinion of Council, the

donation is in the interests of the community. Examples of such donations would

include assistance to sports persons, artists or researchers. Council may allocate

funds to organisations and persons outside the Shire providing Council is of the

opinion that the activities of the organisation or person provide a direct benefit to

this Local Government area.

8. On completion of their activities, community organisations and individuals who

received grants shall be required to submit a report or statement to Council

showing how funds were expended. The report shall include a summary of the

group’s income and expenditure on the project. Any unexpended funds are to be

returned to the Council at the completion of the project.

9. Council recognises that it is in the public interest that the cost of supplying its

services be recorded and recognised in its statements of accounts. Where support

is given to community groups or organisations through the supply of assets,

services or the waiving of fees, the value of the contribution shall be quantified

where possible and recorded as expenditure under the donations allocation.

Application

Community grants are to be administered by the DCCS and approved by Council in the budget.

Donations of $500 or less are to be approved by the CEO. Extraordinary requests for donations

above $500 are to be approved by Council. The Ppolicy is to be reviewed every 3 years.



Council



5. Community and Customer FocusGovernance and Corporate Leadership 5.3GL21 Aboriginal Reconciliation 23 January 2013

Objectives

The objectives of the Shire’s Aboriginal Reconciliation policy are:

1) To build mutually respectful relationships between Indigenous and other Australians that

allow us to work together to solve problems and generate success that is in everyone's

best interests;

2) To raise awareness and knowledge of Indigenous history and culture and in particular

the rich cultural heritage of the Wardandi people as the first inhabitants of the Capes

Region, and

3) To encourage action where everyone plays their part in building a better relationship

between all Australians.

Strategy

The Shire of Augusta - Margaret River recognises the Aboriginal and Torres Strait Islander

peoples as the first inhabitants of Australia and the Wardandi people in particular as the

traditional custodians of the land on which the Shire of Augusta - Margaret River is now

situated. The Council acknowledges the loss and grief experienced by Aboriginal and Torres

Strait Islander peoples caused by alienation from traditional lands and past injustices including

the forced removal of children.

The Shire recognises the traditions and customs of Indigenous Australians and their special

spiritual relationship with the land. The Shire acknowledges the right of all Australians including

Indigenous Australians to live according to their own beliefs, values and customs, and the Shire

acknowledges the importance of these beliefs, customs and values in strengthening and

enriching the heritage of all Australians.




The Shire of Augusta - Margaret River recognises that it is required to consider the needs of the

local Aboriginal Peoples peoples in addressing the needs of the whole local community. The

Shire supports Reconciliation Australia's ambition to eliminate the glaring gap in life expectancy

between Indigenous and other Australian children. The Shire of Augusta - Margaret River

supports the vision expressed by the Council for Aboriginal Reconciliation of “a united Australia

which respects this land of ours, values the Aboriginal and Torres Strait Islander heritage and

provides justice and equity for us all”.

Accordingly, the Shire will work with local Aboriginal People towards reconciliation and supports

the need to improve non-Indigenous understanding of Aboriginal issues. The Shire will work to

ensure the principles of equity and access for all members of the Indigenous community to

culturally appropriate services and programs.

The Shire of Augusta-Margaret River commits to –

• Developing and promoting, as appropriate, Indigenous involvement in events and

celebrations of significance which respects the dignity and protocols of the local

Indigenous community;

• Taking effective action on issues of social and economic concern when they lie in

the sphere of interest and responsibility of the Shire;

• Participating in education processes which enhance the increased knowledge,

understanding and appreciation of Aboriginal culture and heritage and the needs of

Indigenous communities;

• Developing strategies that improve the level of participation of Aboriginal Peoples in

local government at all levels; and

• Working with State and Federal Governments and Aboriginal Communities to

resolve Native Title Claims through negotiation in preference to litigation.

• Acknowledging the Wardandi People as the traditional custodians of the land within

the Shire at relevant events and celebrations at the President’s discretion.

• Flying the Aboriginal and Torres Strait Islander Flags in accordance with State and

National protocols.

Application

Responsibility for the implementation of this policy rests with Council, Shire President and the

CEO of the Shire of Augusta-Margaret River. The Policy policy is to be reviewed every three

years.



Council


Adopted by Council Date: 23 January 2013 Last reviewed Date: 27 August 2009 *Adapted from the Policy Manual of the Local Government Association of South Australia, 2007.


5.4GL22 Social Justice 23 January 2013

Objectives

The objective of Council’s Social Justice Policy is to foster a more cohesive and inclusive

community where marginalised groups and individuals are encouraged to achieve equitable

outcomes and participate fully in community life.

Strategy

The Shire of Augusta - Margaret River recognises that every citizen is free and equal in dignity

and rights (Universal Declaration of Human Rights). Every citizen is entitled to aspire to that

quality of life that allows them to freely realise their potential. The Shire of Augusta - Margaret

River affirms its respect for, and its commitment to promote, these rights for all of its citizens,

and each of their communities.

The Shire of Augusta - Margaret River understands that disadvantaged groups can exist in its

community and recognises that to do justice by these citizens, actions need to be taken by the

community, Council, and by other tiers of governments. The Shire affirms its commitment to

strive for social justice and to consistently initiate appropriate actions within the resources and

opportunities that are reasonably available to it.

The Shire will –

• Act as a referral agency by providing information to Shire of Augusta - Margaret River

citizens requiring advocacy enabling them to contact the relevant and appropriate

agency;

• Adopt a proactive approach in supporting community initiatives;

• Create incentives that promote social and economic growth, encouraging and supporting

initiatives that are both socially responsive and environmentally sustainable;




• Strive to strengthen community pride and the connection between citizens and their

community;

• Foster development at individual, community and organisation levels to secure a

sustainable future for all sectors of the community;

• Recognise and build upon diversity in the Shire, embracing and celebrating the

contributions from all citizens within the community;

Related Documents

2.4.7 Shire of Augusta Margaret River Homelessness Policy

Application

Responsibility for the implementation of this policy rests with all Councillors and the CEO of the


*Adapted in part from Hume Shire Council’s Social Justice Charter.


Strategic outcome Community Strategic Plan 2033, Corporate Business Plan 2016-2020 Goal 2 Welcoming and Inclusive Communities

Responsible Directorate Office of the CEO Authority of original issue:

Council

Date of original issue: 27 August 2009 Contact officer EA CEO Date of next review: May 2020 Document No. N129885 Version Date issued Brief description 1.0 27/8/2009 Initial issue 2.0 23/1/2013 Major review of document – council adopted 23 January 2013



5.5GL23 Cultural Diversity 23 January 2013

Objective

It is the objective of the Shire of Augusta - Margaret River to ensure that the Council’s

operations are sensitive to the needs of people from culturally and linguistically diverse

backgrounds and to promote the principles of respect, shared responsibility, equal opportunity,

access and celebration as they relate to multiculturalism in Augusta - Margaret River.

These principles are:

• Respect: Differences are valued and mutual respect is encouraged and practiced across

the community. Council policies and operations are free of prejudice, discrimination and

exclusion on the basis of origins, perceived ‘race’, culture, religion, ethnicity and

nationality

• Shared Responsibility: Councillors and staff have a responsibility to promote commitment

to Australia and the basic values and structures of Australian democracy, respect for

individual freedom and dignity of all members of society

• Equal Opportunity: Every person, regardless of their race, age, gender, language,

religion and beliefs enjoy equal opportunity to express themselves and participate in

employment, education, social and recreational activities that enhance their quality of life.

• Equal Access: Every person, regardless of their race, age, gender, language, religion

and beliefs enjoy equal access to facilities, services and programs that support their

health and wellbeing.

• Celebration: The Shire’s heritage and cultural assets such as food, clothing, history,

artefacts and language are celebrated and shared by communities both within and

outside the Shire.




Strategy

Multiculturalism is defined as a framework for respecting people’s culture, language, religion,

beliefs and way of life and to encourage their contribution to society, free from any prejudice or

discrimination. Multiculturalism recognises the cultural and ethnic diversity of the Shire’s

residents. Council policy promotes equality, mutual respect and full participation in political,

social and economic life, regardless of linguistic, religious, racial or ethnic background.

The Shire of Augusta - Margaret River’s commitment to multiculturalism and cultural diversity is

demonstrated by –

• Promoting cultural diversity and multiculturalism and valuing the Shire’s cultural heritage

and diversity;

• Ensuring Council’s programs and services are delivered in a manner that is responsive to

the needs of the Shire’s culturally and linguistically diverse community.

• Advocating that other levels of Government provide residents from culturally and

linguistically diverse backgrounds with fair and equitable access to resources and

services.

• Supporting the Shire’s culturally diverse community to strengthen the capacity of

individuals, groups and organisations.

The Shire of Augusta- - Margaret River will demonstrate its commitment to cultural diversity

and multiculturalism by –

• Reflecting cultural diversity in the Strategic Plan for the Future.

• Incorporating information and images of the Shire’s culturally diverse population in its

media and marketing materials.

• Encouraging and supporting initiatives that counter racism within the community.

• Including respect for cultural diversity as part of the Councillors and Committee Members

and the Staff Codes of Conduct and provide opportunities for cross-cultural awareness

training to Staff.

• Providing the community access to information in languages other than English where

appropriate and utilising the services of qualified translators or Telephone Interpreter

Service when required.

• Ensuring people from culturally and linguistically diverse backgrounds are effectively

consulted where appropriate in relation to the Shire’s programs and services.

• Where appropriate, advocating on behalf of the culturally diverse community members to

improve social, economic, educational and health outcomes for people from culturally

and linguistically diverse backgrounds.

• Seeking opportunities to access State and Federal Government funding for multicultural

community development in the Shire.

• Developing creative and collaborative relationships with community, government and

business organisations for delivering multicultural festivals, events and programs within

the Shire.

Application

Responsibility for the implementation of this policy rests with all Councillors and CEO. The


*Adapted from the Redcliffe Shire Council Multicultural Policy.


Strategic outcome Community Strategic Plan 2033, Corporate Business Plan 2016-2020 Goal 2 Welcoming and Inclusive Communities

Responsible Directorate Office of the CEO Authority of original issue:

Council

Date of original issue: 27 August 2009 Contact officer EA CEO Date of next review: May 2020 Document No. N132119 Version Date issued Brief description 1.0 27/8/2009 Initial issue 2.0 23/1/2013 Major review of document – council adopted 23 January 2013

6. Innovation and Continuous ImprovementGovernance and Corporate Leadership 6.1GL24 Business Excellence Framework 23 January 2013

Objective

To achieve business excellence through continuous improvement supported by comprehensive

and integrated quality management systems.

Strategy

The Shire of Augusta - Margaret River is committed to the provision of services and facilities

that meet or exceed community expectations and give value for money to our residents and

ratepayers within budgetary constraints.

To fulfil this commitment, the Shire of Augusta - Margaret River ensures that:

• Services are tailored to satisfy customer requirements ;

• All Councillors, staff and volunteers are appropriately trained to effectively contribute to

quality outcomes

• Services are effectively planned, processed and delivered in accordance with

international and adopted best practice standards, and

• Systems are in place to measure and continuously improve performance.

It is the policy of the Shire of Augusta - Margaret River to maintain comprehensive, integrated

quality management systems based on the SAI Global Business Excellence Framework,




relevant Australian and international standards (eg ISO 9000) and any state and national

accreditation requirements for specific services.

The Shire of Augusta - Margaret River strives to provide the highest quality of services and

facilities to the community within budgetary constraints. The Shire of Augusta - Margaret River

believes that to deliver quality services and facilities involves a focus on internal processes and

outputs and includes the reduction of waste and the improvement of productivity.

The Shire’s commitment to provide services which meet or exceed community expectations and

give value for money to our residents and ratepayers requires the organisation to look beyond

the present and focus on the things which will increase the value of the organisation for all of its

stakeholders, generate high levels of customer satisfaction and lead to more effective use of

resources.

Application

The CEO, Directors and Managers are responsible for developing and maintaining quality

management systems for their areas of operations. The This policy is to be reviewed every

three years.


Strategic outcome Corporate Plan 2014-2018 Goal 7 – Measure and report on success and sustainability


Council



7. Measurement and ReportingGovernance and Corporate Leadership 7.1GL25 Recording of Councillor Attendance at Meetings 23 January 2013

Objectives

To keep the ratepayers and electors of the Shire of Augusta - Margaret River fully informed on

the meeting attendances of Councillors.

Strategy

Information on Councillors’ attendance at Ordinary Council, Special Council and Councillor only

Committee and CapeROC meetings will be included in the Annual Report.

Application

Responsibility for the implementation of this policy rests with the Chief Executive Officer. The



Strategic outcome Corporate Plan 2014-2018 Goal 1 – Effective Governance and Corporate Leadership


Council







This policy was adopted by Council to set governing principles in place that align the strategic direction of the organisation with community values and aspirations. The Caravan and Camping Policy relates to the Vibrant and Diverse Economy stream of the Corporate Plan 2013-17.

Objectives Council’s objectives in adopting a Caravan and Camping Policy are to:

1. Position the Shire as the preferred caravan and camping holiday destination in

WA;

2. Proactively respond to the Western Australian Caravan and Camping Action

Plan (2013-2018) and the supporting Brighthouse Report which identifies the

Shire as one of 17 high priority destinations with a critical gap between supply

and quality, relative to demand and expectations;

3. Ensure there is an adequate supply of suitable caravan and camping facilities

in the Shire in strategic locations to meet the increasing demands of self-drive

tourists;

4. Ensure that there is a range of accommodation and camping options in the

Shire to meet the needs of the diverse market segments, namely - family

groups, grey nomads, backpackers and budget travellers, experiential

travellers, short break and weekend holiday makers; and owners of holiday

sited caravans on caravan parks;

5. Work with the Department Parks and Wildlife (DePaW) to identify

opportunities to access the State’s Conservation Estate for eco-tourism by

experiential travellers (eg Warncliffe Mill);

6. Identify land through the Planning process for more caravan and camping

developments in the Shire;

7. Encourage the Wardandi Community to develop partnerships with Caravan

and Camping providers to showcase Wardandi culture;

Caravan Parks and Camping Policy V1.01 AMRShire Policy

GOV/30

15/02/2016

4. Vibrant and Diverse EconomyGovernance and Corporate Leadership 4.4GL26 Caravan Parks and Camping


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8. Improve the marketing of caravan parks and camping grounds utilising a strong

on- line presence, and

9. Develop options for the overflow of visitors during peak season and for

seasonal workers.

Policy In seeking to achieve the above objectives the following strategies will be implemented:

1. Continue to operate and develop the three caravan and camping grounds

under the Shire’s ownership either independently or as a public- private

partnership;



2.1. Contribute to the development of a regional tourism marketing strategy to provide an

on-line presence for tourist operators including caravan and camping ground operators;

3.2. Provide facilities for the short term parking of recreational vehicles (RVs) close to the

Town Centres, tourist signage bays with on line information and dump points for

depositing black water waste;

4.3. Ensure the Local Planning Scheme and strategy recognises the demand for caravan

and camping facilities at a time when the trend is for the number of caravan parks to be

decreasing;

5.4. Liaise with the City of Busselton to develop a consistent regional recreational vehicle

(RV) strategy;

6.5. Facilitate an industry wide approach to overflow times during peak tourist season and

seasonal work availability,

7.6. Liaise with Tourism WA and the Caravan and Camping Industry to support a strategic

approach across the sector to enhance visitor experience,

8.7. Maintain relevant data to support decision making, and

9.8. Ensure a high quality of facilities and amenities in all caravan parks in the Shire through

compliance with relevant policies and legislation.

Application The application of this policy will be the responsibility of Council as a decision making body

and the CEO on the day to day operational level. The Policy is to be reviewed every three

years.


Strategic outcome Corporate Plan 2014-2018 Goal 4 – Vibrant and Diverse Economy Responsible Directorate CEO Authority of original issue:

Council

Date of original issue: Council meeting date 23 April 2014 Contact officer CEO EA Date of next review: May 2020 Document No. N129892 Version Date issued Brief description 1.0 23/4/2014 Initial issue 2.0 ???? Full review

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Document and Version Control Table Strategic outcome Vibrant and Diverse Economy Responsible Directorate CEO Authority of original issue: Council Date of original issue: 23/04/2014 Minute Number: OM2014/62 Date of next review: 23/04/2017 File and document number: GOV/30 - N105992 Version Date issued Endorsed by Brief description 1.0 23/04/2014 Council Initial Issue 1. 1 15/02/2016 CEO Minor revision to reflect document and version

control

This policy was adopted by Council to set governing principles in place that align the strategic direction of the organisation with community values and aspirations.

The Economic Development Policy relates to the Vibrant and Diverse Economy strem of the Corporate Plan 2013-17.

Objectives The Council’s objectives in the field of economic development are to:

1. Adopt a facilitation role in stimulating sustainable economic growth within an

integrated framework which simultaneously achieves social development and

environmental protection for the community;

2. Actively contribute to building a vibrant and diverse economy across the

Margaret River Region;

3. Adopt a cooperative and coordinated approach to promoting regional economic

development, which will generate social, economic and environmental gains for

the communities in the Margaret River Region;

4. Support the growth of ecological resilience and the transition to clean and

renewable energy sources and the local production of food and produce;

5. Maximise the value of investment in regional economic infrastructure on

projects such as the Busselton Margaret River Regional Airport, Margaret River

Perimeter Road, Augusta Boat Harbour and key transformational (Supertown)

projects;

6. Work with other tiers of government and neighbouring local governments and

the private and not for profit sectors to attract increased business investment to

expand and diversify existing businesses, and attract increased investment in

new businesses large and small;

7. Promote increased employment opportunities to support a growing,

demographically diverse population and to attract and retain people in a

diverse range of fields and occupations;

8. Promote the Shire as a hub for the establishment of creative industries as a

niche industry and life style offering for creative people across a range of

Governance and Corporate Leadership

GL27 Economic Developme Policy



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fields to start businesses and find local employment;

9. Work with education and training providers to increase the quality and

quantity of education, training and skills development in the community;

10. Provide community infrastructure and services to support community

development and the retention of skilled employees in the Region, and

11. Maintain the social and environmental amenity of the Shire to ensure that

economic development occurs in a manner that protects and supports social

and environmental conditions, and where possible, enhances them.

Reference: Capes Region Economic Development Strategy

Strategy In striving to achieve the objectives outlined above the following strategies will be

implemented:

1. Actively participate in the voluntary regional organisation of Councils (VROC)

with the City of Busselton known as Caperoc CapeROC which has an

economic development focus;

2. At least every three years update the Margaret River Supertown Growth

Plan to ensure it is current and has an integrated sustainability focus;

3. Convene regular meetings of the Industry Leaders Group comprising

representatives of the Margaret River and Augusta Chambers of Commerce,

Cowaramup Retailers Association, Margaret River Regional Producers

Association Margaret River Wine Industry Association and Augusta Margaret

Riverthe Margaret River Busselton Tourism Association;

4. Maintain positive working relationships with DAFWA, the Margaret River

Regional Producers Association, Dairy Industry Association, agricultural

producers and key industry bodies;

5. Maintain positive working relationships with elected members, ministers and

key officials at state and federal level on economic matters that affect the

Margaret River Region;

6. Allocate funds annually to sponsor iconic events which bring visitors to the Shire

and provide economic and social benefits to the community;

7. Participate in the Capes Region Higher Education Taskforce and the Margaret

River Education Campus Board;

8. Streamline regulatory planning, building and health approval processes to

become a “business friendly” Shire;

9. Positively market the Shire and the Margaret River Region in partnership with

Tourism WA to a national and global audience;

10. Lead by example in implementing clean energy initiatives and waste reduction

and assist the community to eliminate waste, reduce greenhouse gas

emissions and transition to renewable energy systems, and

11. Maintain up to date statistical information relevant to economic development.

Application




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Responsibility for the implementation of this policy is enacted through the President

as the spokesperson of the Shire and at the operational level by the CEO and the

administration. The policy is to be reviewed every three years. Document and version control table


Council

Date of original issue: New Policy Contact officer CEO EA Date of next review: May 2020 Document No. N129911 Version Date issued Brief description 1.0 23/4/2014 Initial issue

Approved by Council Date: 23 April 2014 Decision Number: OM2014/62 Last Reviewed New policy




The Tourism Policy relates to the Vibrant and Diverse Economy stream of the Corporate plan 2013-17.

Objectives In establishing a tourism policy, Council has as its major objectives:

1. To ensure that Council guides and influences the development of

sustainable tourism.

2. To recognise tourism for its social and economic benefits, including being a

major employer within the Shire and the wider South West region.

3. To foster and create a welcoming community which is aware of the benefits of

tourism within the Shire.

4. To increase the number of visitors to the Shire and to increase the average

length of visitor stays within the Shire.

5. To build resilience in the tourism industry by encouraging less reliance on the

Perth holiday market, increased business tourism, increased Asian tourism,

increased off peak season visitation and the attraction of visitors to iconic

events.

6. To prioritise the development of higher end, 5+ Star tourism accommodation

in the Shire.

7. To ensure a range of suitable activities, facilities and attractions that

support and increase tourist visitation to the Shire.

8. To ensure that public facilities and infrastructure within the Shire are

provided to a high standard to cater for visitors while minimising any adverse

impacts on local residents.

9. To provide streamlined business processes within the Shire’s operations

which encourage appropriate tourist development and tourism related

ourism Policy 23 April 2014


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activity within the Shire.

10. To promote, strengthen and grow the Margaret River Brand.

11. To provide high quality Council owned caravan parks catering for the camping,

short term accommodation and recreational vehicle (RV) site needs of visitors

to the Shire.

Strategy The Shire will endeavour to:

1. Consider the welfare of the whole community and the social, cultural,

economic and environmental impacts of any proposal within the area when

assessing tourism development and the provision of facilities.




2.1. Foster responsive and efficient planning, development and

events approval processes;

3.2. Ensure the Local Planning Scheme, Local Planning Strategy and

associated policies, local laws and other Shire procedures facilitate sustainable.

tourism development;

4.3. Encourage a high standard of design and aesthetics in all forms

of tourism development.

5.4. Ensure Shire staff provide and role model outstanding customer

service to visitors and locals alike;

6.5. Ensure towns and hamlets are attractively landscaped and presented to

the visitor;

7.6. Provide facilities to cater for destination and day trip visitors to

appropriate areas within its boundaries including playgrounds, picnic

facilities, public toilets, parking, rubbish bins and other infrastructure.

8.7. Implement the recommendations and outcomes of the Shires Local

Tourism Planning Strategy.

9.8. Provide relevant information signage, directional signage and interpretive

signage to assist the visitor to navigate within the Shire and to access major

tourist destinations;

10.9. Provide an adequate annual budget allocation for tourism related

expenditure on infrastructure works;

11.10. Provide sponsorship funding and associated administrative and logistical

support for the hosting of major iconic events and festivals;

12.11. Encourage tourism product development and investment within

the Shire;

13.12. Ensure that where sensitive environmental, historic or cultural areas

exist, these areas are adequately protected in relation to development or

usage;

14.13. Manage and maintain the scenic amenity of the Shire by sensitively

managing natural areas under the Shire’s control to ensure visitor impacts are

controlled, natural areas are protected and degraded areas are rehabilitated;

15.14. Ensure all caravan parks including those owned by the Shire are

developed and maintained in accordance with industry and best practice

standards;



16.15. Support the improvement of National Parks, enhancement of

specific natural features, conservation areas of outstanding beauty, and

recognise places of heritage significance, and

17.16. Maintain productive relationships with Tourism WA, the City of Busselton,

Margaret River Busselton Augusta Margaret River Tourism Association, South

West Development Commission, Members of Parliament, key stakeholders and

other relevant tourism and government organisations in all relevant and

appropriate aspects of tourist development.

Application Responsibility for the implementation of this policy rests with all Councillors, CEO

and relevant staff of the Shire of Augusta - Margaret River. The Policy is to be

reviewed every three years. Document and version control table

Strategic outcome Corporate Plan 2014-2018 – Goal 4 Vibrant and Diverse Communities


Council

Date of original issue: Council meeting date 23 April 2014 Contact officer CEO EA Date of next review: May 2020 Document No. N129912 Version Date issued Brief description 1.0 23/4/2014 Initial issue 2.0 ???? Full review

Adopted by Council Date: 23 April 2014 Decision Number: OM2014/62

Last reviewed January 2014





1


The Iconic Events Policy relates to the Vibrant and Diverse Economy stream of the Corporate Plan 2013-17.

In this policy, unless the context requires otherwise Icon Event means an event of State or National significance that can demonstrate high level of tourist activity and stimulate large scale community interest, involvement and or development.

Objectives The Shire’s objectives in sponsoring Iconic events are to:

1. Create a more vibrant and diverse economy by attracting visitors as

participants, support crews and spectators at Iconic Events;

2. Maximise the economic benefits of Iconic Events to accommodation providers,

food and beverage businesses and other local businesses;

3. Foster healthy and active lifestyles and combat community obesity through

participation in Iconic Events, and

4. Ensure that the natural environment is safeguarded and negative impacts

on the environment are minimized at Iconic Events.

In this policy, unless the context requires otherwise IconIconic Event means an

event of State or National significance that can demonstrate high level of tourist

activity and stimulate large scale community interest, involvement and or

development.

4.

Strategy In striving to achieve the objectives the following strategies are to be employed:

1. Council will allocate up to 1% of rates annually in the budget to support Iconic

Governance and Corporate Leadership GL29 Iconic Events Policy 23 April 2014



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2

Events being held in the Shire;

2. Sponsorship will be made available to commercial, community and not for profit

organisations who can clearly demonstrate economic, social, community or

environmental benefits to the residents and businesses operating within the

Shire of Augusta -Margaret River.;

3. Council will provide seed funding to grow new events to become self-

sufficient in preference to annual recurrent funding for existing events

Application Applications to be received annually, with sponsorship support subject to allocation

wwithin Council’s annual budget process, dependent upon the number of

rrequests



3

rreceived and funding amount requested. Proposals are to be assessed on the basis of the following criteria:

Table 1 – Primary Criteria for Assessment

Strategic Alignment: Does the project or event align with the intent of Council’s Corporate Plan?

Management Planning:

Has the applicant provided a detailed project management plan that clearly articulates the applicant’s capacity to deliver what they state they will provide?

Sustainability: Is the project financially sustainable without ongoing subsidies from Council?

Access and Opportunity:

Does the project or program provide equitable access and opportunities for all residents to participate?

Consultation: Has the applicant consulted with industry and other State, regional or local stakeholders that may be affected or have an interest in the proposed project?

Table 2. Secondary Criteria of Assessment:

Economic Impacts: Anticipated number of participants (day visits) or number of overnight stays? Other considerations, number of interstate and international participants, spectators, support teams, length of stay and estimated daily expenditure.

Media Coverage: To what extent will the event attract media coverage? Will coverage be localised or have a much wider reach? Consideration also needs to be given to the level of coverage via radio, newspaper and television.

Tourism Activity: Is the event being staged in the low season (Winter), shoulder seasons (Autumn and Spring) or high season (Summer)? Events being staged in the low or shoulder seasons will generally be weighted more favourably.

Shire versus Event Organiser (cash) contribution: The higher the applicant percentage contribution, the more favourable the weighting (includes other funding sources but does not include in-kind contribution).

Prestige: The higher the status of competitors, sponsors, media; involvement of international sports, cultural and other federations; and the number of spectators, the more favourable the weighting.

Community Involvement: The higher the level of community involvement and volunteerism in the planning and development (local as well as regional communities) the more favourable the weighting.

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Capacity Building: The level of development of volunteers and community members. The greater the development of volunteers, particularly young people, the more favourable the weighting. Social Justice: Will the event provide opportunities for spectators / participants to become involved at low or minimum cost? The greater the opportunities with a low cost association the more favourable the weighting.

Natural Amenity: Has the natural environment been considered as part of the application? Will the event impact negatively on the natural amenity? The lower the impact on the natural environment the more favourable the weighting.

Education and Conservation: What capacity has the event or project to enhance, promote, conserve or educate the community about the natural environment?

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Capacity Building: The level of development of volunteers and community members. The greater the development of volunteers, particularly young people, the more favourable the weighting.

Social Justice: Will the event provide opportunities for spectators / participants to become involved at low or minimum cost? The greater the opportunities with a low cost association the more favourable the weighting. Natural Amenity: Has the natural environment been considered as part of the application? Will the event impact negatively on the natural amenity? The lower the impact on the natural environment the more favourable the weighting.

Education and Conservation: What capacity has the event or project to enhance, promote, conserve or educate the community about the natural environment?

Application Responsibility for the implementation of this policy is enacted through the CEO

through the Director Corporate and Community Services. The policy is to be reviewed

every three years.



Council

Date of original issue: Council meeting date 23 April 2014 Contact officer CEO EA Date of next review: May 2020 Document No. N129913 Version Date issued Brief description 1.0 23 April 2014 Initial issue

Adopted by Council Date: 23 April 2014 Decision Number: OM2014/62

Last reviewed January 2014

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