NOTICE OF MEETING - Town of Claremont · 2019-09-17 · Proposed Meeting Date: 16 June 2015 ....

TOWN OF CLAREMONT

N O T I C E O F M E E T I N G

NOTICE IS HEREBY GIVEN that an

ORDINARY Meeting of the Council will be held,

on TUESDAY 20 OCTOBER, 2015, commencing at 7:00 PM

at the Town of Claremont, Claremont Council Chambers, 308 Stirling Highway,

Claremont.

Stephen Goode CHIEF EXECUTIVE OFFICER Date:

DISCLAIMER Would all members of the public please note that they are cautioned against taking any action as a result of a Council decision tonight until such time as they have seen a copy of the Minutes or have been advised, in writing, by the Council’s Administration with regard to any particular decision.

ORDINARY COUNCIL MEETING AGENDA 20 OCTOBER, 2015

Page (i)

TABLE OF CONTENTS

ITEM SUBJECT PAGE NO 1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS ............ 1

2 RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE .......... 1

3 ELECTION OF DEPUTY MAYOR ............................................................... 1

4 DISCLOSURE OF INTERESTS .................................................................. 1

5 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE . 1

6 PUBLIC QUESTION TIME .......................................................................... 1

7 PUBLIC STATEMENT TIME ....................................................................... 1

8 APPLICATIONS FOR LEAVE OF ABSENCE ............................................ 1

9 PETITIONS/DEPUTATIONS/PRESENTATIONS ........................................ 1

10 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS ..................... 1

11 ANNOUNCEMENT OF CONFIDENTIAL MATTERS FOR WHICH MEETING MAY BE CLOSED TO THE PUBLIC ......................................... 1

12 BUSINESS NOT DEALT WITH FROM A PREVIOUS MEETING ............... 1

13 REPORTS OF COMMITTEES ..................................................................... 2

13.1 AUDIT AND RISK MANAGEMENT COMMITTEE ........................... 2

13.1.1 STRATEGIC AND OPERATIONAL RISK REPORTS – SEPTEMBER 2015 ................................................................ 2

14 REPORTS OF THE CEO ............................................................................. 5

14.1 CHIEF EXECUTIVE OFFICER ......................................................... 5

14.1.1 APPOINTMENT OF COUNCIL MEMBERS TO COMMITTEES ....................................................................... 5

14.1.2 CURTIN CARE INC. – PROPOSAL FOR NEW 25 YEAR LEASE - LOT 87, NUMBER 1 GIBNEY STREET, COTTESLOE ........................................................................ 14

14.1.3 WALGA DISCUSSION PAPER - POLICY OPTIONS TO INCREASE ELECTED MEMBER TRAINING PARTICPATION ................................................................... 21


Page (ii)

14.2 CORPORATE AND GOVERNANCE .............................................. 30

14.2.1 LIST OF PAYMENTS 1-30 SEPTEMBER 2015 ................... 30

14.3 INFRASTRUCTURE ....................................................................... 32

14.3.1 RICHARDSON AVENUE WORKING GROUP ..................... 32

15 ANNOUNCEMENTS BY THE PRESIDING PERSON ............................... 36

16 ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN ............................................................................................. 36

17 NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY DECISION OF MEETING ......................... 36

18 CONFIDENTIAL MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC ....................................................................... 37

18.1 INFRASTRUCTURE SERVICES .................................................... 37

18.1.1 PLANT HIRE TENDER 2015-01 .......................................... 37

18.2 CORPORATE SERVICES .............................................................. 38

18.2.1 CONSENT TO ASSIGN SUB-LEASE OF PORTION OF 331 - 333 STIRLING HIGHWAY, CLAREMONT ......................... 38

18.2.2 DEED OF VARIATION OF LEASE 331 - 333 STIRLING HIGHWAY, CLAREMONT .................................................... 39

19 FUTURE MEETINGS OF COUNCIL ......................................................... 40

20 DECLARATION OF CLOSURE OF MEETING ......................................... 40


Page 1

TOWN OF CLAREMONT

ORDINARY COUNCIL MEETING

20 OCTOBER, 2015

AGENDA

1 DECLARATION OF OPENING/ANNOUNCEMENT OF VISITORS

2 RECORD OF ATTENDANCE/APOLOGIES/LEAVE OF ABSENCE

3 ELECTION OF DEPUTY MAYOR

4 DISCLOSURE OF INTERESTS

5 RESPONSE TO PREVIOUS PUBLIC QUESTIONS TAKEN ON NOTICE

6 PUBLIC QUESTION TIME

7 PUBLIC STATEMENT TIME

8 APPLICATIONS FOR LEAVE OF ABSENCE

9 PETITIONS/DEPUTATIONS/PRESENTATIONS

10 CONFIRMATION OF MINUTES OF PREVIOUS MEETINGS

That the minutes of the Ordinary Meeting of Council held on 6 October 2015 be confirmed.

11 ANNOUNCEMENT OF CONFIDENTIAL MATTERS FOR WHICH MEETING MAY BE CLOSED TO THE PUBLIC

12 BUSINESS NOT DEALT WITH FROM A PREVIOUS MEETING


Page 2

13 REPORTS OF COMMITTEES

13.1 AUDIT AND RISK MANAGEMENT COMMITTEE

13.1.1 STRATEGIC AND OPERATIONAL RISK REPORTS – SEPTEMBER 2015

File Ref: RSK/00168 Attachments: Strategic Risk Report - September 2015

Operational Risk Report – September 2015 Responsible Officer: Les Crichton

Executive Manager Corporate and Governance Author: Les Crichton

Executive Manager Corporate and Governance Proposed Meeting Date: 16 June 2015

Purpose Report recommends Council receive the Strategic and Operational Risk – September 2015 reports.

Background At its meeting of 8 October 2015, the Audit and Risk Committee reviewed the attached Strategic and Operational Risk Reports – September 2015 as required under Regulation 16 of the Local Government (Audit) Regulations 1996, and recommended;

That the Audit and Risk Committee; 1. Notes the Strategic Risk – September 2015 Report 2. Notes the Operational Risk – September 2015 Report

Discussion The Town has undertaken a review of its risk profile and established a set of Strategic and Operational Risks for review by the Audit & Risk Management Committee. The attached reports detail all strategic risks that have been assessed as high or moderate, and operational risks that have been assessed as high. The Town has a framework in place and has considered draft operational and strategic risks, reviewed its terms of reference for the Committee, and its reporting requirements with regard to the regulation. Staff have reviewed existing controls for the strategic and operational risks identified and provided comment on the appropriateness and effectiveness. While the Inherent status recognises those inbuilt (and unlikely to change) elements of each risk identified, the Revised status details an assessment of the effectiveness of controls in place to mitigate those risks. In instances where determined controls have not been deemed appropriate, comment on progress on improvement plans is provided.


Page 3

Past Resolutions Ordinary Council Meeting16 June 2015, Resolution 107/15: That Council;

1. Receives the ‘Strategic Risk Report - June 2015’ and ‘Operational Risk Report - June 2015’ , and

2. Notes the results of the Chief Executive Officer’s review of the appropriateness and effectiveness of the Town’s systems and procedures in relation to risk management, internal control and legislative compliance.

CARRIED (NO DISSENT)

Ordinary Council Meeting 3 December 2014, Resolution 193/14: That Council adopt the; 1. Draft Risk Management Framework 2. Draft Risk Categories 3. Draft Audit Committee – Terms of Reference as presented.

CARRIED

Financial and Staff Implications Resource requirements are in accordance with existing budgetary allocation.

Policy and Statutory Implications Local Government (Audit) Regulations 1996; 16 Audit committee, functions of An audit committee –

(c) is to review a report given to it by the CEO under regulation 17(3) (the CEO’s report) and is to – i. report to the council the results of that review; and ii. give a copy of the CEO’s report to the council.

17 CEO to review certain systems and procedures (1) The CEO is to review the appropriateness and effectiveness of a local

government’s systems and procedures in relation to – (a) risk management; and (b) internal controls; and (c) legislative compliance.

(2) The review may relate to any or all of the matters referred to in sub regulation (1)(a), (b) and (c), but each of those matters is to be the subject of a review at least once every 2 calendar years.

(3) The CEO is to report to the audit committee the results of that review.

Publicity N/A

Strategic Community Plan Governance and Leadership


Page 4

We are an open and accountable local government that encourages community involvement and strives to keep its community well informed.

• Provide and maintain a high standard of governance, accountability, management and strategic planning.

Urgency N/A

Voting Requirements Simple majority decision of Council required.

COMMITTEE AND OFFICER RECOMMENDATION That Council receives the ‘Strategic Risk Report – September 2015’ and ‘Operational Risk Report – September 2015’.

AUDIT AND RISK MANAGEMENT COMMITTEE

STRATEGIC AND OPERATIONAL RISK REPORT - SEPTEMBER 2015

QUARTERLY STRATEGIC RISK REPORT SEPTEMBER 2015

8 OCTOBER 2015

ATTACHMENT 1

PAGES 16

Town of Claremont

Strategic Risk Report

Town of Claremont

September 2015

Page 1 of 16

Quarterly Strategic Risk Report

Town of Claremont

Quarter ended 30 September 2015

Town of Claremont


Town of Claremont

September 2015

Page 2 of 16

SR-002 Change of government policy negatively affecting service provision or planned capital funding.

HIGH

Primary Category: Capacity to Deliver Services Responsible Officer: CEO

Primary Sub-Category: Secondary Responsible Officers: EMPP

Secondary Categories:

Inherent Revised

Consequence Major

Likelihood Possible

Consequence Major

Effectiveness of Controls

Good

Likelihood Possible

Risk Rating High

Risk Rating High

Existing Controls

Inherent

Long Term financial Plan based on current levels of service and funding and Community Strategic Plan

Revised


Solutions

Risk Action Risk Control Action Status End Date Responsible Officer

Ensure Corporate Plan and LTFP when reviewed consider the impact of government grants and contributions on service delivery and infrastructure renewal


In Progress 30 June annually

EMPP

Progress Comments: Minimal external funding provided for service provision

Town of Claremont


Town of Claremont

September 2015

Page 3 of 16

SR-006 Inability to fund the maintenance replacement and renewal of infrastructure assets

HIGH

Primary Category: Capacity to Deliver Services Responsible Officer: EMCG

Primary Sub-Category: Secondary Responsible Officers: EMI


Inherent Revised

Consequence Major

Likelihood Possible

Consequence Major


Non-existent

Likelihood Possible

Risk Rating High

Risk Rating High

Existing Controls

Inherent

Current Long Term Financial Plan linked to asset management plan

Revised

Current Long Term Financial Plan linked to asset management plan

Solutions


LTFP informed by asset management plans for infrastructure assets

Current Long Term Financial Plan linked to asset management plan.

In Progress Reviewed annually

EMCG

Progress Comments: LTFP informed by AMP. LTFP review due 2015-2016 to reconfirm funding requirements

Town of Claremont


Town of Claremont

September 2015

Page 4 of 16

SR-007 Waste management facilities and services do not adhere to licensing and legislative requirements

HIGH


Primary Sub-Category: Secondary Responsible Officers: Manager Statutory Services


Inherent Revised

Consequence Major

Likelihood Possible

Consequence Major


Excellent

Likelihood Possible

Risk Rating High

Risk Rating High

Existing Controls

Inherent

Licensing and legislative requirements exist

Revised

Licensing and legislative requirements exist

Solutions


Waste Strategy exists in accordance with licensing and legislative requirements

Licensing and legislative requirements exist.

Ongoing 30 June 2016 Manager Statutory Services

Progress Comments: Ongoing monitoring through WMRC

Town of Claremont


Town of Claremont

September 2015

Page 5 of 16

SR-008 Failure or reduction in service of infrastructure assets, plant, equipment or machinery.

HIGH

Primary Category: Capacity to Deliver Services Responsible Officer: EMI

Primary Sub-Category: Secondary Responsible Officers: Asset Officer


Inherent Revised

Consequence Minor

Likelihood Likely

Consequence Major


Good

Likelihood Likely

Risk Rating Moderate

Risk Rating High

Existing Controls

Inherent

Draft asset management, maintenance and replacement plans in place

Revised

Asset management, maintenance and replacement plans in place

Solutions


Improve the asset management schedules and create an asset management database

Asset management, maintenance and replacement plans in place.

In Progress 31/05/2016 EMI

Progress Comments: Asset Management database held

Town of Claremont


Town of Claremont

September 2015

Page 6 of 16

SR-014 Non-compliance with Occupation Health & Safety (OH&S) Regulations and physical security requirements

HIGH

Primary Category: Human Safety and Well – Being Responsible Officer: EMPP

Primary Sub-Category: Secondary Responsible Officers:


Inherent Revised

Consequence Major

Likelihood Possible

Consequence Major


Good

Likelihood Possible

Risk Rating High

Risk Rating High

Existing Controls

Inherent

Workplace inspections, hazard register and staff induction process in place

Revised


Solutions


Develop an HR Framework. This should include an OHS Risk Management Plan in line with the requirements of the Risk Management Policy and Procedure Manual


In Progress 30 June 2016 EMPP

Progress Comments: OSH Risk Management Plan to be developed in next 12 months

Town of Claremont


Town of Claremont

September 2015

Page 7 of 16

SR-001 Failure to protect staff or third parties from injury.

MODERATE

Primary Category: Human Safety and Well – Being Responsible Officer: EMPP

Primary Sub-Category: Secondary Responsible Officers: Human Resource Officer


Inherent Revised

Consequence Major

Likelihood Possible

Consequence Critical


Fair

Likelihood Unlikely

Risk Rating High


Existing Controls

Inherent

Comprehensive OHS procedures, policies, training and communication. Proactive operational inspections

Revised

Comprehensive OHS procedures, policies, training and communication. Proactive operational inspections.

Solutions


Ensure an OSH Risk Management Plan is in place in line with the Risk Management Policy and Procedure Manual.

Comprehensive OHS procedures, policies, training and communication. Proactive operational inspections.


Progress Comments: OSH Risk Management Plan to be developed in next 12 months

Town of Claremont


Town of Claremont

September 2015

Page 8 of 16

SR-003 Compromise of Council's public image and reputational integrity

MODERATE

Primary Category: Reputation and Governance Responsible Officer: EMPP

Primary Sub-Category: Secondary Responsible Officers: Communications Officer


Inherent Revised

Consequence Minor

Likelihood Possible

Consequence Minor


Good

Likelihood Possible



Existing Controls

Inherent

Proactive engagement with all stakeholders, particularly the community. CEO communication with Councilors and networks

Revised

Proactive engagement with all stakeholders, particularly the community. CEO communication with Councilors and networks

Solutions


Ensure protocols are in place with dealing with the community, stakeholders and the media.

Proactive engagement with all stakeholders, particularly the community. CEO communication with Councillors and networks


Progress Comments: Review of formal protocols to be completed over next 12 months

Town of Claremont


Town of Claremont

September 2015

Page 9 of 16

SR-004 Activation of comprehensive emergency management plan to ensure business interruption is minimised in the event of a major incident, loss of facility, loss of power.

MODERATE

Primary Category: Financial and Legal Responsible Officer: EMCG Primary Sub-Category: Secondary Responsible Officers: Senior Ranger/ IT

Administrator


Inherent Revised


Likelihood Rare

Consequence Catastrophic


Good

Likelihood Rare

Risk Rating Low


Existing Controls

Inherent

Council Emergency Management Plan

Revised

Council Emergency Management Plan

Solutions


Ensure current emergency management and continuity plans and processes are current

Party to WESROC Emergency Management Plan

In Progress 30 June 2016 EMCG

Progress Comments: EMP updated April 2015. Continuity Plan under review.

Town of Claremont


Town of Claremont

September 2015

Page 10 of 16

SR-005 Customer processes and standards applied to all customer contact points in the Town

MODERATE

Primary Category: Reputation and Governance Responsible Officer: EMPP

Primary Sub-Category: Secondary Responsible Officers: Customer Service Supervisor


Inherent Revised

Consequence Minor

Likelihood Likely

Consequence Minor


Good

Likelihood Likely



Existing Controls

Inherent

Processes and standards exist and are applied

Revised

Processes and standards exist and are applied.

Solutions


Customer service procedures current to ensure consistency across the organisation and adherence to the Customer Service Charter

Processes and standards exist and are applied.

In Progress 30 September 2015

EMPP

Progress Comments: Review of Customer Service Charter and underlying processes and procedures commenced

Town of Claremont


Town of Claremont

September 2015

Page 11 of 16

SR-009 Failure to provide expected levels of service, events and benefit to the community

MODERATE

Primary Category: Reputation and Governance Responsible Officer: CEO

Primary Sub-Category: Secondary Responsible Officers: EMPP


Inherent Revised

Consequence Minor

Likelihood Likely

Consequence Minor


Good

Likelihood Likely



Existing Controls

Inherent

Integrated planning framework in place

Revised

Integrated planning framework, community satisfaction survey and complaints register in place

Solutions


Community satisfaction survey conducted bi - annually and complaints register regularly maintained

Integrated planning framework, community satisfaction survey and complaints register in place


Progress Comments: Customer survey completed 2014

Town of Claremont


Town of Claremont

September 2015

Page 12 of 16

SR-010 Damage to buildings, property, plant & equipment (all assets) that does not result in a disruption to business objective

MODERATE

Primary Category: Capacity to Deliver Services Responsible Officer: EMI

Primary Sub-Category: Secondary Responsible Officers: Infrastructure Administration Officer


Inherent Revised

Consequence Minor

Likelihood Likely

Consequence Minor


Good

Likelihood Likely



Existing Controls

Inherent

Maintenance process and cleaning schedule in place.

Revised


Solutions


Unscheduled maintenance register to be established to record work required due to damage


In Progress 30 June 2015 Infrastructure Administration Officer

Progress Comments: Unscheduled register established

Town of Claremont


Town of Claremont

September 2015

Page 13 of 16

SR-011 Failure to adequately capture, store, archive, retrieve, provision and / or disposal of documentation

MODERATE

Primary Category: Financial and Legal Responsible Officer: Records Coordinator Primary Sub-Category: Secondary Responsible Officers:


Inherent Revised

Consequence Minor

Likelihood Likely

Consequence Minor


Good

Likelihood Likely



Existing Controls

Inherent

Draft Records management policy and procedure in place

Revised


Solutions


Record keeping plan to be reviewed and updated to reflect the current record keeping practices of the Town and approved State Records Commission


Completed 30 June 2015 Records Coordinator

Progress Comments: RKP review completed May 2015

Town of Claremont


Town of Claremont

September 2015

Page 14 of 16

SR-012 Failure to correctly identify, interpret, assess, respond and communicate laws and regulations as a result of an inadequate compliance framework

MODERATE

Primary Category: Financial and Legal Responsible Officer: EMCG Primary Sub-Category: Secondary Responsible Officers: Governance Officer


Inherent Revised

Consequence Major

Likelihood Unlikely



Excellent

Likelihood Unlikely



Existing Controls

Inherent

Annual compliance return, financial returns and external audit undertaken annually

Revised


Solutions


Develop a standardised compliance framework and checklist


In Progress 30 June annually

EMCG

Progress Comments: Management Calendar in place. Compliance framework to be in business system review

Town of Claremont


Town of Claremont

September 2015

Page 15 of 16

SR-013 Failures in the procurement, acquisition, acceptance or disposal process for assets as governed by the Local Government Act

MODERATE

Primary Category: Financial and Legal Responsible Officer: EMCG Primary Sub-Category: Secondary Responsible Officers:


Inherent Revised

Consequence Major

Likelihood Unlikely

Consequence Major


Good

Likelihood Unlikely



Existing Controls

Inherent

Tender and delegations register in place along with purchasing process

Revised

Tender and delegations register in place along with purchasing process

Solutions


Update the current procurement policy and guideline utilising the WALGA Procurement Guide 2014 as a reference

In Progress 30 June 2016 EMCG

Progress Comments: Procurement Probity Review completed 2012. Procurement Policy updated March 2012. Further review due for completion June 2016

Town of Claremont


Town of Claremont

September 2015

Page 16 of 16

SR-015 Instability, degradation of performance, or other failure of IT Systems, Infrastructure, Communication or utility causing the inability to continue business activities and provide services to the community.

MODERATE


Primary Sub-Category: Secondary Responsible Officers: IT Administrator


Inherent Revised

Consequence Major

Likelihood Rare

Consequence Major


Excellent

Likelihood Rare



Existing Controls

Inherent

Data backup system in place along with vendor support available

Revised


Solutions


Backup of data on all servers is taking place regularly and stored off site


Ongoing 30 June 2016 IT Administrator

Progress Comments: Data backed up to offsite storage daily

AUDIT AND RISK MANAGEMENT COMMITTEE

STRATEGIC AND OPERATIONAL RISK REPORT - SEPTEMBER 2015

QUARTERLY OPERATIONAL RISK REPORT SEPTEMBER 2015

8 OCTOBER 2015

ATTACHMENT 2

PAGES 13

Town of Claremont

Operational Risk Report

Town of Claremont

September 2015

Page

1

of

13

Quarterly Operational Risk Report

Town of Claremont

Quarter ended 30 September 2015

Town of Claremont


Town of Claremont

September 2015

Page

2

of

13

OR-002 Framework of internal controls over budget formulation and management in place.

HIGH

Primary Category: Financial and Legal

Responsible Officer: CEO Primary Sub-Category: Secondary Responsible Officers:

EMCG


Inherent

Consequence Major

Likelihood Possible

Risk Rating High

Revised

Consequence Major

Effectiveness of Controls Excellent

Likelihood Possible

Risk Rating High

Existing Controls

Inherent

Budget currently prepared internally in line with Long Term Financial Plan and checked by external auditors

Revised

Budget currently prepared internally in line with Long Term Financial Plan and checked by external auditors

Solutions

Risk Action Action Status End Date Progress Comments Responsible Officer

Audit and Risk Committee review of framework for the formulation and management of the annual budget

In Progress 30 June 2016 Budget process to be reviewed by Audit & Risk Committee by 31 December 2015

EMCG

Town of Claremont


Town of Claremont

September 2015

Page

3

of

13

OR-003 Unrealistic Budgets adopted

HIGH


Responsible Officer: EMCG Primary Sub-Category: Secondary Responsible Officers:

Manager Finance


Inherent

Consequence Major

Likelihood Possible

Risk Rating High

Revised

Consequence Major

Effectiveness of Controls Good

Likelihood Possible

Risk Rating High

Existing Controls

Inherent

Budget prepared within the Claremont Integrated Planning Framework

Revised

Budget prepared within the Claremont Integrated Planning Framework

Solutions


Annual budgets prepared in accordance with the Town of Claremont Integrated Planning Framework

Ongoing 30 June 2015 Budget variances reviewed monthly and reported to Council.

EMCG

Town of Claremont


Town of Claremont

September 2015

Page

4

of

13

OR-004 Inaccurate financial reporting as result of non-use of updated budgets including approved variations.

HIGH



Manager Finance


Inherent

Consequence Major

Likelihood Possible

Risk Rating High

Revised

Consequence Major


Likelihood Possible

Risk Rating High

Existing Controls

Inherent

Budget variances reported to Council monthly.

Revised

Original Budget and any approved changes are compared to the Budget entered into the financial system for accuracy by appropriate level of management with identified variances investigated. Solutions


Appropriate level of management investigates financial system regularly for accuracy of budgets and changes adopted by Council.

Ongoing End of each month

Approved budget variances reviewed monthly and reported to Council

EMCG

Town of Claremont


Town of Claremont

September 2015

Page

5

of

13

OR-009 Council’s statutory reports provide inaccurate financial information

HIGH



Manager Finance


Inherent

Consequence Major

Likelihood Possible

Risk Rating High

Revised

Consequence Major


Likelihood Possible

Risk Rating High

Existing Controls

Inherent

General Ledger reconciliations (including control and clearing accounts) are prepared on a regular basis; all reconciliations independently reviewed Revised

General Ledger reconciliations (including control and clearing accounts) are prepared on a regular basis. All reconciliations independently reviewed. Solutions


Actual results compared to budget reviewed regularly and provided in monthly management reports. Management reviews and investigates significant variances and reports to Council.

Ongoing 30 June 2016 Financial performance reviewed monthly and reported to Council

Manager Finance

Town of Claremont


Town of Claremont

September 2015

Page

6

of

13

OR-019 Debtors are not collected in a timely basis

HIGH


Responsible Officer: Manager Finance Primary Sub-Category: Secondary Responsible Officers:

Finance (Payables) Officer


Inherent

Consequence Major

Likelihood Possible

Risk Rating High

Revised

Consequence Major


Likelihood Possible

Risk Rating High

Existing Controls

Inherent

Debtor’s reconciliation performed on a regular basis to the General Ledger and reviewed by an independent person

Revised

Debtor’s reconciliation to the General Ledger performed monthly and reviewed by an independent person.

Solutions


Management reviews debtors ageing profile on a regular basis and investigates any outstanding items. Report provided quarterly to Audit Committee

Ongoing End of each month

Reconciliation completed and reviewed monthly

Manager Finance

Town of Claremont


Town of Claremont

September 2015

Page

7

of

13

OR-021 Fixed asset acquisitions, disposals and write-offs inaccurately recorded or not recorded

HIGH





Inherent

Consequence Major

Likelihood Possible

Risk Rating High

Revised

Consequence Major


Likelihood Possible

Risk Rating High

Existing Controls

Inherent

Reconciliation of fixed assets to the General Ledger is performed regularly.

Revised

Reconciliation of fixed assets to the General Ledger is performed regularly.

Solutions


All fixed asset acquisitions and disposals are approved in accordance with delegation of authority and relevant procurement and fixed asset policies.

Ongoing 30 June 2015 Reconciliation completed and reviewed monthly

Manager Finance

Town of Claremont


Town of Claremont

September 2015

Page

8

of

13

OR-022 Fixed Asset maintenance and/or renewals are inadequately planned

HIGH

Primary Category: Capacity to Deliver Services

Responsible Officer: EMI Primary Sub-Category: Secondary Responsible Officers:

EMCG


Inherent

Consequence Major

Likelihood Possible

Risk Rating High

Revised

Consequence Major


Likelihood Possible

Risk Rating High

Existing Controls

Inherent

Asset Management Plans are in place.

Revised

Asset Management Plans direct Council’s programmed maintenance and asset renewal schedules

Solutions


Asset Management Plans and progress maintenance plans exist for all major asset classes. The plans are linked to the LTFP.

Ongoing Ongoing Asset Management Plans are in place

EMI

Town of Claremont


Town of Claremont

September 2015

Page

9

of

13

OR-028 Council does not raise the correct level of rate income

HIGH



Manager Finance


Inherent

Consequence Major

Likelihood Possible

Risk Rating High

Revised

Consequence Major


Likelihood Possible

Risk Rating High

Existing Controls

Inherent

Actual rate revenue and rate rebates are compared to budget regularly; management reviews and investigates significant variances Revised

Actual rate revenue and rate rebates are compared to budget regularly; management reviews and investigates significant variances. Solutions


Management regularly reviews the calculation methodology within the rate application system for a sample of ratepayers to ensure correct calculation and methodology has been used. This is done during budget deliberations annually.

Ongoing 30 June 2016 Rate revenue reviewed monthly and reported to Council

Manager Finance

Town of Claremont


Town of Claremont

September 2015

Page

10

of

13

OR-029 Council loses recurrent grant funding to provide existing service

HIGH

Primary Category: Capacity to Deliver Services

Responsible Officer: CEO Primary Sub-Category: Secondary Responsible Officers:

EMCG


Inherent

Consequence Major

Likelihood Possible

Risk Rating High

Revised

Consequence Major


Likelihood Possible

Risk Rating High

Existing Controls

Inherent

Council maintains a grant revenue register

Revised

Council has a grant revenue register which records details such as reporting deadlines, amount and instalments expected, key milestones and services. Solutions


Council has a documented process to review services where grant funding has ceased to ensure it understands the financial impact on its sustainability.

In Progress 30 June 2016 A process to review services with grant funding and implications of loss of grant to be developed by March 2016

EMCG

Town of Claremont


Town of Claremont

September 2015

Page

11

of

13

OR-031 Receipts are not deposited at the bank on a timely basis or not recorded

HIGH





Inherent

Consequence Major

Likelihood Possible

Risk Rating High

Revised

Consequence Major


Likelihood Possible

Risk Rating High

Existing Controls

Inherent

Receipts are deposited regularly at the bank

Revised

Receipts are deposited regularly at the bank by a person independent from the initial recording of the cash receipts

Solutions


Bank statements are reconciled to the general ledger and banking reports monthly. Reviewed by an authorised person.

Ongoing Ongoing Bank reconciliations completed and reviewed monthly

Manager Finance

Town of Claremont


Town of Claremont

September 2015

Page

12

of

13

OR-044 Chemicals used in operating environments

HIGH

Primary Category: Human Safety and Well – Being


Manager Parks & Environment


Inherent

Consequence Major

Likelihood Likely

Risk Rating High

Revised

Consequence Major


Likelihood Likely

Risk Rating High

Existing Controls

Inherent

Chemicals Register exists.

Revised

Safe operating procedure exists.

Solutions


Safe operating procedure for use of chemicals exists as well as a chemicals register

Ongoing Ongoing Safe operating procedure for use of chemicals exists along with a hazardous chemicals register are in place

Manager Parks & Environment

Town of Claremont


Town of Claremont

September 2015

Page

13

of

13

OR-047 Adherence to Transport Chain of Responsibility requirements

HIGH

Primary Category: Reputation and Governance



Inherent

Consequence Major

Likelihood Possible

Risk Rating High

Revised

Consequence Major

Effectiveness of Controls Fair

Likelihood Possible

Risk Rating High

Existing Controls

Inherent

Draft processes in place for maintenance and on-road chains of responsibility

Revised

Draft processes in place for maintenance and on-road chains of responsibility

Solutions


Town’s Chain of Responsibility requirements documented and understood.

Completed 30 June 2016 Processes in place for maintenance and on-road chains of responsibility

EMI


Page 5

14 REPORTS OF THE CEO

14.1 CHIEF EXECUTIVE OFFICER

14.1.1 APPOINTMENT OF COUNCIL MEMBERS TO COMMITTEES

File Ref: GOV/00049-GOV/00050,GOV/00051,GOV/00054 Responsible Officer: Stephen Goode

Chief Executive Officer Author: Les Crichton

Executive Manager Corporate and Governance Proposed Meeting Date: 20 October 2015

Purpose To appoint elected members to Council’s advisory committees, and appoint delegates to local and regional committees of which Council is a member.

Background Council has established various advisory committees to advise it on specific matters with membership made up of elected members, community members and, in some cases, representatives of other organisations or committees. Council is also a member of various regional and local committees and delegates to these committees also need to be appointed. The establishment and appointment of representatives to Council committees is governed by the Local Government Act 1995. The tenure of all committee members on Council committees expires at the next ordinary election following appointment. Current committee members were appointed following the 2013 election and as such their tenure expired on 17 October 2015 being the 2015 Election Day. Council presently has four committees which all have both Council and community members. At its meeting of 6 October 2015, Council appointed the community members to these committees for the next two years, and with the 2015 Election now completed is required to appoint councillors to these committees. The Committees, terms of reference, and membership are as follows: Audit & Risk Management Committee The terms of reference of the Audit & Risk Management Committee is provided in Attachment 1.


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Membership of the Committee comprises; Membership Type Vacancies effective

17 October 2015 Current members

Mayor 1 Mayor Barker Councillor 3 Cr Haynes

Cr Kelly Cr Edwards

Community 2 - Appointed 6/10/15 Quorum 4 Foreshore Advisory Committee Management of the Claremont Foreshore will be complementary to the Freshwater Bay Management Plan as adopted by the Swan River Trust, Town of Claremont, and the Claremont Heritage Trust Advisory Committee 1977. Specific objectives are: • To enhance the identity and character of the foreshore; • To enhance the environment; • To protect and encourage wildlife; • To enhance the amenity for residents and visitors to the foreshore. Membership of the Committee comprises; Membership Type Vacancies effective


Councillor 2 Cr Mews Cr Tulloch

Community 3 - Appointed 6/10/15 Quorum 3 Lake Claremont Advisory Committee The brief of the Lake Claremont Advisory Committee is to provide advice to Council on matters relating to: • The care and maintenance of Lake Claremont and its immediate environment; • The rehabilitation of Lake Claremont and its environs; • Plans for amenities proposed to Lake Claremont and its immediate environs; • Proposals for the Lake from the Friends Group Membership of the Committee comprises; Membership Type Vacancies effective


Councillor 2 Cr Haynes Cr Wood

Scotch College 1 - appointed 6/10/15 Scotch Youth¹ 1 Christ Church Grammar Youth¹

1


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Community 2 – appointed 6/10/15 Friends of Lake Claremont

1 – appointed 6/10/15

City of Nedlands 1 Quorum 4 ¹Non-voting member Museum Advisory Committee The brief of the Museum Advisory Committee is to provide advice to the Council on matters relating to: • Programmes to be provided by the Museum; • Proposals for the Museum from the Friends group; • Museum education programmes and links with current curriculum; • Exhibition planning; • Care of collection objects. Membership of the Committee comprises; Membership Type Vacancies effective


Councillor 2 Cr Mews Cr Wood

Department of Education

1 - appointed 6/10/15

Community 2 – appointed 6/10/15 Friends of Museum 2 – appointed 6/10/15 Quorum 4

Discussion This report proposes the appointment of councillors to Council’s existing committees, and appointment of delegates to regional and local government committees, as detailed below: Council Committees • Audit & Risk Management Committee • Foreshore Advisory Committee • Lake Claremont Advisory Committee • Museum Advisory Committee Regional, Local Government, and Local Committees • Western Australia Local Government Association: Central Metropolitan Zone Council appoints a delegate and deputy delegate to the Central Metropolitan Zone of WALGA. WALGA has requested all Councils appoint their delegates and deputy delegates and advise the Zone secretariat by 9 November 2015. This will then allow each Zone to appoint their delegates to the State Council prior to the December State Council meeting. The current delegates are Mayor Barker and Cr Haynes


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• Western Metropolitan Regional Council (WMRC) All members tenure on the WMRC cease on election day and Council must nominate a delegate and deputy delegate following elections. The delegate and deputy delegate are currently Cr Haynes and Cr Kelly respectively. • Metro West Joint Development Assessment Panel The Department of Planning has confirmed that Local Members and Alternate Local Members who were appointed to a Development Assessment Panel (DAP) retain their position unless they are not returned during the 2015 elections. The current members (Local Members - Cr Kelly & Cr Haynes; Alternate Local Members – Cr Brown & Cr Tulloch) were appointed on 3 February 2015 with terms expiring 26 April 2017. With Cr’s Kelly and Haynes not up for election, only the Alternate Local Member positions will require filling should Cr Brown and/or Cr Tulloch not be re-elected. • Western Suburbs District Planning Committee.

The Western Suburbs District Planning Committee only meets at the request of the Western Australian Planning Commission. It has not met since June 2009 however a Delegate and Deputy Delegate are appointed should a meeting be requested. These positions are currently held by Cr Browne & Cr Kelly respectively. • Shine Community Services Management Board Formerly The Aged Persons Support Service, Shine Community Services is based in Cottesloe and provides assistance to seniors, people with disabilities, and others to live within their own homes. Council appoints a delegate and deputy delegate, with the positions currently held by Cr Tulloch and Cr Lorenz. • Claremont Now Inc. The Claremont Now Inc. constitution stipulates nominated (Council) membership ceases to hold the office of councillor or when a nomination by Council is withdrawn or replaced. Current nominated members are Mayor Barker, Cr Edwards, Cr Goetze and the CEO. It is recommended Council nominate its members to this body following each ordinary local government election.

Past Resolutions Ordinary Council Meeting 17 March 2015, resolution 38/15 – appointment to fill vacant community representative position of Foreshore Advisory Committee Ordinary Council Meeting 3 February 2015, resolution 4/15 – appointment of local and alternate local members to Metro West Joint Development Assessment Panel Ordinary Council Meeting 5 November 2013, resolution 315/13 to 325/13 – appointment of Councillors to advisory committees external committees


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Ordinary Council Meeting 1 October 2013, resolution 281/13 – appointment of community representatives to committees and disbanding of Community Safety and Crime Prevention Committee Ordinary Council Meeting 16 April 2013, resolution 69/13 – appointment of youth representatives from Scotch College and Christ Church Grammar School; increase of membership to include City of Nedlands councillor. Ordinary Council Meeting 19 February 2013, Resolution 23/13 – request for local government nominations for Development Assessment Panels Ordinary Council Meeting 18 September 2012, resolution 172/12 – endorsement of new Constitution and Transition Plan for Curtain Aged Person Home Inc (CAPH). Ordinary Council Meeting 7 August 2012, resolution 143/12 – elected member motion to disband Strategic Planning and Policy Committee. Ordinary Council Meeting 6 December 2011, resolution 279/11 – appointment of Community Representatives to Advisory Committees following 2011 Local Government election Ordinary Council Meeting 18 October 2011, Resolutions 220/11 to 220/32 – appointment of Councillors to advisory committees and as delegates to external committees.

Financial and Staff Implications Resource requirements are in accordance with existing budgetary allocation.

Policy and Statutory Implications Establishment of committees 5.8 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. Types of committees 5.9 (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; (b) council members and employees; (c) council members, employees and other persons; (d) council members and other persons; (e) employees and other persons; or (f) other persons only

Appointment of committee members


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5.10 (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.

Tenure of committee membership 5.11 (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; (b) the person resigns from membership of the committee; (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; (b) the local government removes the person from the office of committee member or the office of committee member otherwise becomes vacant; (c) the committee is disbanded; or (d) the next ordinary elections day,

whichever happens first.


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Publicity N/A

Strategic Community Plan People

We live in an accessible and safe community that welcomes diversity, enjoys being active and has a strong sense of belonging.

• Improve the capacity of local community groups.

Environment

We are a leader in responsibly managing the build and natural environment for the enjoyment of the community and continue to provide sustainable, leafy green parks, streets and outdoor spaces.

• Provide education and communication on leading practices to the community.

Governance and Leadership


• Identify strategic partnerships that align with the Town’s vision.

• Focus on improved customer service, communication and consultation.

Urgency Filling of Elected Member positions within the Committees finalises filling of vacancies following the 2015 local government elections and will allow continuity of operation of the committees.

Voting Requirements ABSOLUTE MAJORITY DECISION OF COUNCIL REQUIRED.

OFFICER RECOMMENDATION That Council 1. Appoint

Mayor Barker Cr_______________________ Cr_______________________ Cr_______________________ to the Audit & Risk Management Committee

2. Appoint


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Cr_______________________ Cr_______________________ to the Foreshore Advisory Committee

3. Appoint

Cr______________________ Cr______________________ to the Lake Claremont Advisory Committee

4. Appoint

Cr______________________ Cr______________________ to the Museum Advisory Committee

5. Appoint

Cr______________________ Cr______________________ as Council’s Delegate and Deputy Delegate to the WALGA Central Metropolitan Zone

6. Appoint

Cr______________________ Cr______________________ as Council’s Delegate and Deputy Delegate to the Western Metropolitan Regional Council

7. Appoint Cr_____________________ Cr_____________________ as Council’s Local and Alternate Local Member to the Metro West Joint Development Assessment Panel

8. Appoint Cr_____________________ Cr_____________________ as Council’s Delegate and Deputy Delegate to the Western Suburbs District Planning Committee


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9. Appoint

Cr_____________________ Cr_____________________ as Council’s Delegate and Deputy Delegate to TAPSS Community Care

10. Appoint

The Chief Executive Officer and Mayor Barker Cr_____________________ Cr_____________________ as Council’s Nominated Members to Claremont Now Inc.


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14.1.2 CURTIN CARE INC. – PROPOSAL FOR NEW 25 YEAR LEASE - LOT 87, NUMBER 1 GIBNEY STREET, COTTESLOE

File Ref: COP/00066 Attachments: Position Paper – Background Information CAPH Working Group meeting notes 09 September 2015

CAPH Working Group meeting notes 07 October 2015

Responsible Officer: Stephen Goode

Chief Executive Officer Author: Stephen Goode

Chief Executive Officer Proposed Meeting Date: 20 October 2015

Purpose At the Council meeting of 05 May 2015 Council considered a recommendation to advertise a business plan which proposed the disposal of the Town’s interest in Lot 87 Gibney Street (the Wearne Hostel property) to Curtin Care Inc. for nominal consideration. Council did not accept the officer recommendation and deferred the matter to allow presentation of more options (OCM 05 May 2015 resolution 75/15). At the Council meeting of 02 June 2015 Council agreed to participate in a working group with representatives of the four owners of the land (OCM 02 June 2015 resolution 102/15). This report is to present the recommendation of the working group.

Background Since the early 1980’s Curtin Care (previously Curtin Aged Person’s Home or CAPH) has used the Wearne Site to provide care and accommodation services for aged persons. It now provides accommodation and care for 88 people, mainly with high care needs. Prior to being owned by the four local governments (Claremont, Cottesloe, Mosman Park and Peppermint Grove), the site was owned by the WA State Government, and administered by the Fremantle Hospital Board. In 1999, work began on having the site transferred to the four local governments, however the site didn’t settle until 2009. A Co -Ownership Agreement was signed on 2 April 2009 for the Owners to guide the ownership arrangements. The Agreement provides for establishment of a Management Committee ‘for the determination or approval of matters under the Agreement……’. It is not clear if the Management Committee was established, but in any event it has not been constituted nor had a meeting since November 2009.


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The ownership of the site is a conditional tenure, under section 75 of the Land Administration Act 1997. The tenure provides ownership so long as the conditions on the title are met. In this instance, the title limits the use of the land to ‘the provision of care, accommodation and residential facilities for aged persons and all activities and matters relating to the provision of such care, accommodation and residential facilities’. Letters from the relevant department state that this includes the provision of a facility under the Retirement Villages Act 1992. When the land was transferred to the four local governments in 2009, it was immediately leased to Curtin Care (at that time, CAPH) for a period of 20 years for nominal rent. The lease is registered on the certificate of title. In the second half of 2014, Curtin Care began its approaches to the four local governments to have the land transferred to Curtin Care for nominal consideration. The land is zoned under the Town of Cottesloe Town Planning Scheme as “development zone” and is capable of supporting higher density development.

Discussion The working group was established with membership from each of the owner councils and had meetings on 5 August, 9 September and 7 October 2015. At the conclusion of the first meeting the working group members requested the following points be addressed:

• What are Curtin Care planning to do on the site (Upgrade to meet accreditation standards and development to add housing capacity/options)?

• Of the proposed changes what are the accreditation requirements? • Who designed the plans and what was their modelling based on (financial,

regional needs etc)? • What is Curtin Care’s governance structure? • What is Curtin Care’s financial model?

Preparation of the attached position paper was also requested to ensure all working group members had the same comprehensive information required to assist in assessing the proposal from Curtin Care. The Chairman for Curtin Care, Mr. David Cox and Deputy Chair, Mr. Michael Jones, attended the meeting of 9 September at the invitation of the working group. Mr. Cox and Mr. Jones made a presentation to the working group and answered questions from working group members. The presentation and information received in response to questions are summarized in the attached meeting notes of the meeting. The outcome of the meeting of 9 September was to recommend to the four owner councils that -

• Curtin Care be granted a 25 year lease to commence on completion of redevelopment

• A guiding agreement be prepared to include that the new lease was to be entered into on completion of redevelopment (an Agreement to Lease).


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A draft report was prepared and considered by the working group at a meeting on 7 October 2015 to clarify and formalise the recommendation to be presented to the owner councils. The basis for the working group recommendation is:

1. The owner councils must agree to the principles proposed by the working group; being the new 25 year lease with a back to back legal agreement. This agreement from the councils will allow and authorise the next steps to be undertaken, which require legal assistance a therefore expenditure.

2. The Town of Claremont organise the drafting of the lease and the legal agreement (Agreement to Lease) for approval by the working group.

3. The Agreement to Lease needs to be in a form that gives sufficient certainty to Curtin Care Inc that the owners will grant a lease to allow Curtin Care to secure finance, and should include: • A conditional undertaking by the owner councils to lease to Curtin Care

Inc. for a term of 25 years commencing upon practical completion* • The terms and conditions of lease be substantially the same as the existing

lease, other than such terms as are specific to the (proposed) Agreement to Lease

• Should Curtin Care be unable to complete the undertakings of the Agreement in respect to the development (for example due to insolvency or inability to function with a capacity to undertake the development and operate the facility) then the Owners will have the express right to seek an alternative not for profit organisation to assume the lease and complete the development

• Curtin Care undertake- o To surrender the current lease upon commencement of the new

lease; o To give further assurance about the future use of the site, being that

Curtin Care will not seek to change the Ownership or ownership conditions and the land is to remain in the ownership of the four local governments to be used only for the provision of care, accommodation and residential facilities for aged persons and all activities relating to the provision of such care, accommodation and residential facilities, on a not for profit basis;

o Curtin Care to prepare and present to the Owners a risk management plan for the redevelopment project;

o Curtin Care will provide a full scope of the development to be undertaken (the Master Plan) which when accepted by the Owners will be an essential undertaking by the lessee to the lessor;

o Curtin Care to provide a project plan and report upon progress to the Owners quarterly;

o The lease will retain the existing clause requiring Curtin Care to provide financial statements to the Owners; and

o That Curtin Care will undertake an open and competitive process to select an appropriately credentialed not for profit operating partner.

*Curtin Care intend to undertake the proposed development on a staged basis. For the purpose of the Agreement to Lease practical completion is proposed to be defined as when- (a) the new Residential Care development is completed, and


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(b) the Stage 1 of the Retirement Village is completed. Curtin Care Inc. is a not for profit incorporated organisation entirely separate from the four local governments which own the land. At the instigation of the Owners, Curtin Care altered its constitution in 2012. This was at the time the board was discussing the significant upgrade and expansion of the facilities. There was concern at that time about the capacity of the board as it was constituted to undertake such a significant investment. The constitution was changed to provide for a membership base for Curtin Care and to remove the Council appointed members, replacing them with independent board members who were to be selected on a merit basis – having qualifications and experience appropriate to the activities of Curtin Care. The removal of council appointed board members addressed any perception that the local governments had any ownership or financial responsibility for Curtin Care. Although a number of members of the owner councils are members of the board they are not appointed by their council and serve in an independent capacity. They have recognised the conflict of interest created by being a member of both their council and the board and removed themselves from their council’s decision making. The local governments are not exposed to a financial risk by the current operations of Curtin Care Inc. or by the proposed redevelopment project. A major project of the nature proposed is not without risk and although the local governments will have no responsibility for such risks there should be awareness of the potential for things to go wrong, primarily:

o That Curtin Care ceases to function; o That Curtin Care loses accreditation or access to the licenses necessary to

conduct the business before, during or subsequent to the development project;

o That Curtin Care albeit functional is not able to progress the development satisfactorily (e.g. a major dispute with a contracted group; builder stalls project indefinitely; third group such as builder becomes insolvent; cost overruns occur and cannot be funded by Curtin Care).

Curtin Care should be required to prepare and provide the owners with an appropriate risk management assessment together with appropriate contingency plans to address the identified risks. This will allow the local governments to consider any risk mitigation actions they should put in place. In respect to the Owners’ risk management it is proposed:

• Should Curtin Care cease to function due to insolvency or any other issue which leaves it without a capacity to undertake the development and operate the facility (for example see the potential risks identified in the preceding paragraph), then the Agreement to Lease would record that;

o The Owners do not wish to have the role and responsibility of the provision of care, accommodation and residential facilities for aged persons and all activities relating to the provision of such care, accommodation and residential facilities on the land;

o Do wish to ensure that the site is used for the purposes of the provision of care, accommodation and residential facilities for aged persons and


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all activities and matters relating to the provision of such care, accommodation and residential facilities, and

o Will take all reasonable and necessary steps to attract and select a suitably credentialed not for profit organisation to complete the development and operate the facilities.

Past Resolutions

OCM 05 May 2015 resolution 75/15: matter referred for further options. OCM 02 June 2015 resolution 102/15: agreement to be part of working group.

Financial and Staff Implications The land was transferred to the owner councils for $1 plus GST. It is clearly worth considerably more than this nominal value but it is constrained to be used for the provision of care, accommodation and residential facilities for aged persons and all activities relating to the provision of such care, accommodation and residential facilities on a not for profit basis. It may not be used for commercial purposes and any changes to the encumbrances on the certificate of title require approval of the Minister for Lands. The current fair value of the land is recorded in the Town’s Statement of Financial Position as $7,893,750 (being 25% of the land’s ‘fair value’) and if the land is leased for 25 years, the new accounting standard for leases would be used to calculate the impairment of the asset required to reflect the reduction in value the lease has on the land’s value to the Town. Even allowing for the restrictions on use and the burden of heritage upkeep of the heritage building and gardens the value for a commercial lease of the land would be significant, however this potential value is not relevant to the proposed lease to Curtin Care Inc.. Legal advice which has been obtained confirms that the relevant value for the purposes of the decision is the actual value to be charged as rent. Legal costs will be incurred to prepare the proposed lease and legal agreement. The working group proposed that the Owners accept the legal costs and that they be shared equally by the Owners. Order of costs for preparation of the Agreement and lease is $10,000.

Policy and Statutory Implications Section 3.58 of the Local Government Act 1995: S3.58(1) provides the meaning of disposal of land includes ‘to sell, lease, or otherwise dispose of, whether absolutely or not.’ S3.58(3) permits property to be disposed of other than by public tender or public auction ‘A local government can dispose of property other than under subsection (2) if,

before agreeing to dispose of the property — (a) it gives local public notice of the proposed disposition — (i) describing the property concerned; and (ii) giving details of the proposed disposition; and


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(iii) inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given;

and (b) it considers any submissions made to it before the date specified in

the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.’

Disposal of property may be designated as a major land transaction and if so S3.59 of the Act requires that a business plan providing an assessment of the land transaction is prepared and advertised. Whether this section applies or not is based on the value of the land transaction. Section 3.59(1) defines major land transaction ‘major land transaction means a land transaction other than an exempt land

transaction if the total value of — (a) the consideration under the transaction; and (b) anything done by the local government for achieving the purpose of

the transaction, is more, or is worth more, than the amount prescribed for the purposes of this definition’ Legal advice has been obtained from McLeods which confirms that for the purposes of the definition of ‘major land transaction’ in section 3.59(1) of the Local Government Act 1995, it is necessary to consider the actual ‘consideration under the transaction’ – not, for example, a notional consideration based on a valuation. Therefore, if the proposed transaction is a lease for a peppercorn rent to a non profit organisation, it would be the peppercorn rent that would be relevant for the purposes of section 3.59, not the rent that could have been charged if the property had been rented to a commercial entity. If the working group recommendation to lease the land to Curtin Care for a nominal rent (say $1 per annum payable on demand) there will not be a requirement to prepare and advertise a business plan.

Consultation Various meetings have been held with representatives of Curtin Care during the past 12 months. Meetings between the four affected local governments have also been undertaken. The working group with membership from each of the owner councils has had meetings on 5 August, 9 September and 7 October 2015. The Chairman for Curtin Care, Mr. David Cox and Deputy Chair, Mr. Michael Jones, attended the meeting of 9 September and made a presentation to the working group


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The Claremont CEO met with Mr David Cox to explain the direction the working group recommendations were heading and Mr Cox believed the Board of Curtin Care would be supportive of the proposals.

Publicity Local public notice of proposal to dispose of the property pursuant to Section 3.58 of the Local Government Act 1995




Urgency Curtin Care Inc. needs a determination by the owners to allow the planned redevelopment to proceed.


OFFICER RECOMMENDATION That Council 1. Supports a 25 year lease being granted to Curtin Care Inc for Lot 87

Gibney Street Cottesloe for the purposes of the provision of care, accommodation and residential facilities for aged persons and all activities relating to the provision of such care, accommodation and residential facilities on a not for profit basis.

2. Authorises the CEO of Town of Claremont to facilitate the preparation of the agreement to lease, and the lease which is to commence from practical completion, the legal costs of which to be shared equally between the local government owners.

COUNCIL

CURTIN CARE INC. – PROPOSAL FOR NEW 25 YEAR LEASE - LOT 87, NUMBER 1 GIBNEY

STREET, COTTESLOE

POSITION PAPER – BACKGROUND INFORMATION

20 OCTOBER 2015

ATTACHMENT 1

Wearne Site - 1 Gibney Street Cottesloe

Prepared by Stephen Goode CEO, Town of Claremont| August 2015| Page 1/7

POSITION PAPER – BACKGROUND INFORMATION – Lot 87, Number 1 GIBNEY STREET, COTTESLOE – CURTIN AGED PERSONS HOME (‘CURTIN CARE’) 1. LAND AND LEASE DETAILS: Land Lot 87 on Deposited Plan 222327 (the Land) is owned by Town of Claremont, Town of Cottesloe, Town of Mosman Park and Shire of Peppermint Grove as tenants in common in equal shares (the Owners). The title has a number of limitations, interests, encumbrances and notifications registered on it, specifically:

• K797059. Conditional tenure land. Land subject to conditions pursuant to s75 LAA. Minister’s consent required to transfer or encumber land. Se instrument K797059 registered 12.1.2009.

• F008999 Memorial. Retirement Villages Act 1992. Lodged 9.10.1992. • I241990 Memorial. Heritage of Western Australia Act 1990. Lodged

20.9.2002. • K797060. Memorial. Land Administration Act 1997. Section 16. Registered

12.1.2009. • K909030 Lease to Curtin Aged Persons Homes Inc of 40 Marine Parade,

Cottesloe. • Condition 2 (a) of the transfer –

(a) will not use, or permit or suffer the land or any part of it to be used for any purpose other than for “The provision of care, accommodation and residential facilities for aged persons and all activities relating to the provision of such care, accommodation and residential facilities”; (b) without limiting the generality of paragraph (a), will not use, or permit or suffer the Land or any part of it to be used for any illegal, improper of commercial purpose; and (c) will observe and perform the other conditions contained in section 75 of the LAA.

The calculated area of the land is 20,677.82 square metres. The land is registered in the four local governments under a conditional tenure grant made by the Minister for Lands on 12 January 2009, under section 75 of the Land Administration Act 1997 (LAA). The transfer was made at a cost of $1.10 (incl GST). Land Use and management Zoning: The land is zoned under the Town of Cottesloe Town Planning Scheme as “development zone”. While the zoning may provide discretion on use of the Land limitations are imposed by the conditions imposed by the Minister when granting the Land. For what purposes can the land be lawfully used? Pursuant to the conditions on the Minister’s grant of tenure, the Land can only be used for the provision of care, accommodation and residential facilities for aged persons and all activities and matters relating to the provision of such care, accommodation and residential facilities. Further, by reason of clause 2(b) of the transfer conditions, the Land can only be used for these purposes and only where such purposes are being



undertaken on a not for profit basis in pursuing charitable objects, as opposed to a commercial purpose. Commercial or not for profit Commercial is defined in the Oxford Dictionary (5th edition) as- 1. engaged in, or concerned with, commerce 2. having profit as a primary aim. Not for profit does not mean the organisation is prohibited from trading profitably. The prohibition is upon profit being distributed to members. CAPH, and organisations with similar aims such as Southern Cross Care, RSL Care, Amana Living and Silver Chain, for example, are incorporated under the Associations Incorporation Act 1987. Section 4(2) provides Notwithstanding subsection (1), an association for the purpose of trading or securing pecuniary profit to the members from the transactions of the association is not eligible to be incorporated under this Act. The right of the organisation to trade profitably is clarified at Section 4(4)(a) An association shall not be regarded for the purposes of this Act as being for the purpose of trading or securing pecuniary profit to the members from the transactions of the association by reason only of any one or more of the following circumstances — (a) that the association itself is empowered to make a pecuniary profit, unless that profit or some part of it is divided among or received by the members or some of them. An organisation incorporated as an association which does not divide any profit (nor any portion of it) to its members or some of them will comply with the requirement of the Minister’s grant of tenure. What, if any, are the limitations on the use of the Land? The Land cannot be used for any illegal, improper or commercial purposes. As such, the Land can only be used for charitable purposes involving the provision of care, accommodation and residential facilities for aged persons and all activities and matters relating to the provision of such care, accommodation and residential facilities. . Is it possible for the Owners to make a commercial return by either selling the Land or leasing the Land in exchange for an upfront payment from a third party? The Owners cannot unilaterally make a commercial return from the use of the Land by either selling or granting a lease of the Land for an upfront payment because any sale, lease, mortgage or disposal of the Land will be subject to the Minister for Lands' consent. Any prospective user, purchaser or tenant of the Land will need to be a not for profit established for charitable purposes pursuing charitable objects (and in this instance pursuing charitable objects in accordance with clause 2(a) of the Transfer Conditions).

If the Owners breach the Transfer Conditions and use the Land in contravention of the transfer conditions then the Minister for Lands may commence proceedings against the Owners pursuant to s.35 of the Act to cause the Land to be forfeited. It is not known how the Minister may view a proposal by the Owners to seek to derive a commercial return from land which has been granted for specific purposes and for what is effectively no cost to the Owners ($1.10), however it is possible that the Minister could consider such an approach to undermine the intent of the prohibition on ‘commercial purpose’.



Can the permitted uses of the land be changed or the conditions of use be altered? If the Minister approved relevant changes to the conditions there may be different opportunities for the use of the land. Certainly the Town of Cottesloe land use zoning would not limit the use in the same manner that the existing conditional tenure grant does. Lease: A Co-ownership Agreement dated 2 April 2009 was entered into between the local governments to guide the ownership arrangements. The document refers to the CAPH lease and clearly evidences the intent of the parties was to receive the land to hold for the approved purposes through the lease to CAPH. As part of the transfer arrangements, the four Councils leased the land to CAPH under a registered lease, commencing 23 January 2009, for a term of 20 years expiring on 22 January 2029. The land tenure is subject to the following conditions and encumbrances:

• Use of the land is limited to “the provision of care, accommodation and residential facilities for aged persons and all activities and matters relating to the provision of such care, accommodation and residential facilities”

• The title holder “will not use, or permit or suffer the Land or any part of it to be used for any illegal, improper or commercial purpose”

• The “Minister’s consent required to transfer of encumber land” • Heritage restrictions as per Heritage Agreement between Heritage Council and

Curtin Care 2008 • Lease to CAPH registered 14/4/2009.

Curtin Aged Persons Homes Inc (CAPH) is the tenant of the whole of Lot 555 on Deposited Plan 62538, being commonly known as 1 Gibney Street, Cottesloe (the Land) pursuant to registered lease K909030 (the Lease); CAPH:

(i) is a not for profit incorporated association, with a charitable status tax exemption;

(ii) was established more than 30 years ago ‘to provide aged care to residents of Cottesloe, Claremont, Peppermint Grove and Mosman Park on a not-for-profit basis’ (source Curtin Care Council Submission, January 2014);

(iii) has constructed improvements located on the Land and has owned and operated a residential aged care facility on the Land for over 20 years;

(iv) is responsible for overall management of Wearne Hostel and Riversea Hostel and Independent Living Units, providing residential care to almost 150 residents with low, high and dementia specific care needs (source Curtin Care Council Submission, January 2014);

(v) owns the bed licenses and residential agreements and is considered the approved provider by the Commonwealth Government (source Curtin Care Council Submission, January 2014);

(vi) utilises Bethanie Care Inc to undertake day to day management of the care services and some aspects of facility management (source Curtin Care Council Submission, January 2014); and

(vii) has approximately 14 more years of tenure under the Lease.



CAPH has advised that it has achieved full compliance for Commonwealth Government accreditation requirements, having met all accreditation standards (source Curtin Care Council Submission, January 2014);

The present lease to CAPH will expire in a little under 14 years on 22 January 2029. The original 20 year term of the lease was considered appropriate in 2009, when the role of the four local governments in Curtin Care was being renegotiated, and was consistent with the broad policy of the Department of Lands of leasing conditional tenure land for a maximum of 21 years. At the instigation of the Owners, CAPH altered its constitution in 2012. This was at the time the CAPH Board was discussing the significant upgrade and expansion of the facilities. There was concern at that time about the capacity of the Board of CAPH as it was constituted to undertake such a significant investment. The constitution was changed to provide for a membership base for CAPH and to remove the Council appointed members, replacing them with independent Board members who were to be selected on a merit basis – having qualifications and experience appropriate to the activities of CAPH. Co-Ownership Agreement: An Agreement was signed on 2 April 2009 for the Owners to guide the ownership arrangements. The Agreement provides for establishment of a Management Committee ‘for the determination or approval of matters under the Agreement……’ It is not clear if the Management Committee was indeed established, but in any event it has not been constituted or had a meeting since November 2009.

2. LEGAL REQUIREMENTS FOR LAND DISPOSAL Local Government Act 1995

The Town of Cottesloe previously sought legal advice on 14 July 2014, which states that section 3.58 of the Local Government Act 1995 (the Act) applies. If the Owners were to transfer the land to CAPH the process would need to comply with section 3.58 of the Act, the relevant elements of which states:

3.58. Disposing of property

(1) In this section —

dispose includes to sell, lease, or otherwise dispose of, whether absolutely or not;

property includes the whole or any part of the interest of a local government in property, but does not include money.

(2) Except as stated in this section, a local government can only dispose of property to —

(a) the highest bidder at public auction; or

(b) the person who at public tender called by the local government makes what is, in the opinion of the local government, the most acceptable tender, whether or not it is the highest tender.

(3) A local government can dispose of property other than under subsection (2) if, before agreeing to dispose of the property —

(a) it gives local public notice of the proposed disposition —

(i) describing the property concerned; and

(ii) giving details of the proposed disposition; and



(iii) inviting submissions to be made to the local government before a date to be specified in the notice, being a date not less than 2 weeks after the notice is first given;

and

(b) it considers any submissions made to it before the date specified in the notice and, if its decision is made by the council or a committee, the decision and the reasons for it are recorded in the minutes of the meeting at which the decision was made.

(4) The details of a proposed disposition that are required by subsection (3)(a)(ii) include —

(a) the names of all other parties concerned; and

(b) the consideration to be received by the local government for the disposition; and

(c) the market value of the disposition —

(i) as ascertained by a valuation carried out not more than 6 months before the proposed disposition; or

(ii) as declared by a resolution of the local government on the basis of a valuation carried out more than 6 months before the proposed disposition that the local government believes to be a true indication of the value at the time of the proposed disposition.

Section 3.59 Commercial enterprises by local governments will also apply. This is because the section includes the requirement to prepare and advertise a business plan for the disposal of land (including a lease). For the purpose of s3.59 the proposed lease is a major land transaction, as defined in the Act –

means a land transaction other than an exempt land transaction if the total value of — (a) the consideration under the transaction; and (b) anything done by the local government for achieving the purpose of the transaction, is more, or is worth more, than the amount prescribed for the purposes of this definition

The Land is worth more than the prescribed amount even though the amount of the lease payment by CAPH may be nominal. To comply with the Act, the Owners will have to advertise their intention, as follows: 1. The name of the body the land is being transferred to. (including lease) 2. The consideration that would be received. 3. A market valuation of the site being disposed. (must not be older than 6 months from

the date of disposal) 4. The time and place submissions about the transaction can be made. 5. A business plan is also required pursuant to s3.59. Any submissions received must

be considered before proceeding with the disposal (lease) of the land. Land Administration Act 1997 S75 of the Land Administration Act 1997 deals with the transfer of Crown land in fee simple subject to conditions and section 35 provides for the forfeiture of the land if the conditions are breached. The Land cannot be leased (or otherwise encumbered) without the written permission of the Minister for Lands (s75(5)). This means any lease the Owners propose to grant requires the Minister’s approval. Land Valuation The Town of Cottesloe obtained a sworn valuation on 30 June 2014. This has indicated the following values:



• Insurance valuations: $19,594,000 • Fair Value: $31,575,000.

The valuation will need to be reviewed and updated to comply with s3.58(4)(c)(ii). At the time of transfer to the local governments the unimproved value of the land was formally recognised as being $11,700,000. Major Land Transaction (the MLT)

As the value of the land exceeds the prescribed amount specified by the Act and Regulations ($2 million), the disposal of land of this nature is also subject to section 3.59 of the Local Government Act 1995, as a Major Land Transaction. Prior to proceeding with disposal, the Owners are required to prepare and advertise for not less than six weeks a Business Plan providing an assessment of the land transaction including, among other factors:

• the expected effect on provision of facilities and services; • effect on others providing facilities and services; and • the financial effect on the Town.

The four Councils of the Owners will need to approve any major land transaction and business plans before it is advertised and also consider any submissions received after the six weeks consultation. Each Council, as a part owner of the Land will need to approve (by absolute majority decision) whether to proceed with the MLT. INDICATIVE TIMEFRAME.- Action : An Indicative Timeline is shown below: No: Item: Indicative Date: 1. Preparation of Position Paper 10-28 August 2015 2. Presentation by Curtin Care 31 August -11 September 3. Working Group to determine preferred option 14-30 September 2015 4. Report to respective Councils to adopt Working Group

recommendation 1 October – 30 October 2015

5. Prepare Major Land Transaction and Business Plan(MLT)

1 -15 November 2015

Councils to consider and approve advertising of MLT 1 -20 December 2015 5. Advertise Major Land Transaction and Business

Plan(MLT) 5 January 2016 -15 February 2016

6. Councils to consider MLT submissions and resolve to proceed or discontinue MLT

1-31 March 2016

7. Curtin Care to be advised of Council decision May 2016



PART 2- Clarifying the CAPH proposal: The CAPH Council Submission of January 2014:

• Requested transfer of land to ownership of CAPH or a 99 years lease; • Explained need to respond to significant change in the aged care sector and

including to undertake a significant capital investment – ‘Wearne Cottesloe needs the ability to offer residents independent and assisted living units of a high standard, and as needs change, the opportunity to move seamlessly to higher levels of aged care within the same environment. The proposed accommodation and care options will include:

• Independent and service accommodation units • Low and high care • Specialised dementia care.’

(source Curtin Care Council Submission, January 2014).

The CAPH capital upgrade is budgeted to cost $80million of which CAPH has $35million own funding. To secure bank financing the current lease needs to be renegotiated. An extension to provide a term of 25 years would be sufficient to take to the banks (source, discussion between Stephen Goode and Chairman of CAPH, July 2015). Arising from the first meeting of the Working Group, CAPH is to be requested to provide the following information to the Working Group:

1. What are they are actually requesting 2. Financial details of the current operations 3. Board memberships details 4. CAPH Aims and objectives 5. State and Federal government requirements for Aged Care 6. Legal arrangement with Bethanie Inc.

Attached is a copy of Curtin Care Council Submission which answers some of these questions. The Chairman of Curtin Care is Mr David Cox. He has accepted the invitation to attend a meeting of the working group at Town of Claremont, Wednesday 9 September at 5:30pm.

COUNCIL


STREET, COTTESLOE

CAPH WORKING GROUP MEETING NOTES 9 SEPTEMBER 2015

20 OCTOBER 2015

ATTACHMENT 3

MEETING NOTES

CAPH Working Group

Meeting #2

held on

Wednesday 9 September 2015

VENUE: Town of Claremont 308 Stirling Hwy, Claremont

CAPH Working Group

CONTENTS Wednesday 9 September 2015

Page

1. DECLARATION OF OPENING ................................................................................................... 3

2. ATTENDANCE & APOLOGIES ................................................................................................... 3

2.1 ATTENDANCE .............................................................................................................. 3

2.2 APOLOGIES ................................................................................................................. 3

3. MEETING BUSINESS ................................................................................................................ 4

3.1 PRESENTATION BY CAPH ............................................................................................ 4

Points from presentation 4 Responses to questions 5 In summary 6

3.2 POSITION PAPER – BACKGROUND INFORMATION .................................................... 6

4. MEETING OUTCOMES ............................................................................................................. 6

5. MEETING CLOSURE ................................................................................................................. 6

Meeting notes | Meeting 2 | CAPH working group

3

MEETING NOTES

CAPH Working Group held on

Wednesday 9 September 2015

1. DECLARATION OF OPENING

Mayor Barker welcomed members and declared the meeting open at 5.35pm.

2. ATTENDANCE & APOLOGIES

2.1 Attendance Council Representatives Jock Barker Mayor Town of Claremont Bruce Haynes Deputy Mayor Town of Claremont Alastair Tulloch Councillor Town of Claremont Philip Angers Councillor Town of Cottesloe Helen Burke (representing Mayor Dawkins)

Councillor Town of Cottesloe

Jay Birnbrauer Councillor Town of Cottesloe (6.05pm) Ron Norris Mayor Town of Mosman Park Zenda Johnson Councillor Town of Mosman Park Jenna Ledgerwood Councillor Town of Mosman Park Charles Hohnen Councillor Shire of Peppermint Grove Scott Fleahy Councillor Shire of Peppermint Grove Council Officers Stephen Goode CEO Town of Claremont Mat Humfrey CEO Town of Cottesloe Kevin Poynton CEO Town of Mosman Park Les Crichton Executive Manager

Corporate & Governance

Town of Claremont

Guests David Cox Chairperson Curtin Care Michael Jones Deputy Chair Curtin Care

2.2 Apologies Jo Dawkins Mayor Town of Cottesloe


4

3. MEETING BUSINESS

3.1 Presentation by CAPH The Chairman for Curtin Care, Mr David Cox attended the meeting at the invitation of the working group at 5.40pm. He was accompanied by the Deputy Chair, Mr Michael Jones. Mr Cox began a presentation at 5.42pm and concluded at 6.30pm after which he and Mr Jones answered questions from working group members. Points from presentation: • CAPH (now trades as Curtin Care) established 1978, initially to provide aged

accommodation for people in local area. • Committed to providing housing for people from all socio-economic backgrounds. • Point of difference is that Curtin Care wants to value add to services available (e.g.

higher staffing allocations, additional food services). • Many current residents have not paid residential bonds, ensuring access for those

without capital. • Provides service to almost 150 residents with low, high and dementia needs. • Owns bed licenses and residential agreements. • Some question over 22 licenses for the redevelopment because of delay in getting

approval for development but at the moment they are still considered to be secure. • Has always achieved full compliance. • Curtin Care is the approved provider and remains responsible but uses Bethanie for day

to day operations, care delivery, finance and administration, marketing. • Not–for-profit but financially sound. Consistently meet budgets. • Experienced board established after restructure in 2014. • Significant reform in aged care sector – Commonwealth Government Living Longer,

Living Better legislation includes widespread change to residential categories and financial arrangements.

• Have already expanded services in recent years (additional 14 dementia care rooms at Riversea; 38 places for residents with high care needs at Wearne). Significant ongoing heritage expenditure.

• Heritage building not properly suited to use – will be returned to a better community use in redevelopment.

• Significant growth in need for aged care and accommodation approaching (ageing population and longer life expectancy).

• Existing facilities in area not able to meet demand. • Ageing in place means resident will be able live in the same place ‘for life’ (average

occupancy being 8 years). • Older Australians more discerning about their choices. • Proposed development to provide –

o Independent living and serviced accommodation units o Low and high care o Specialized dementia care o Health and medical services o Social services o Social housing options.


5

• Development to feature- o Buildings to blend with existing heritage building and local community o Health, medical and social services to meet the complex needs of residents and

wider community o Further restoration and considered development of heritage building for

community use o Redevelopment of heritage gardens for use by wider community.

• Development cost is >$80million. CAPH has $30million. Has confidence of funding from major bank/s for debt need.

• Funding institutions have clarified tenure required for funding which is why a 25 year lease is now requested rather than freehold or a 99 year lease as initially presented.

• Detailed design and planning is pending approval for new lease from councils. Responses to questions: 1. Clarified that CAPH seeks a lease of 25 years from the time the proposed development

has been undertaken. 2. Collateral for bank finance will primarily be on basis of residents’ bonds which are held

by CAPH and secured by the Commonwealth Government. CAPH also owns in freehold Riversea Hostel and Independent Living Units at Mosman Park.

3. Implementation is planned – a. Establish new residential care units (to allow clients to be relocated and current

units to be demolished) b. Followed by building of residential units and independent living units.

4. CAPH accepts and does not propose any alteration to limitations on the use of the land or on the conditional tenure/ownership by the four councils.

5. The organisational structure and governance of CAPH is entirely through the CAPH Board, which (CAPH believes) has appropriate skills and expertise, including two with extensive experience in the aged accommodation and care sector. There is no separate management structure (CEO or other staff) employed by CAPH. A management service is provided (fee for service) by Bethanie.

6. The proposal outlined in the presentation represents full development capacity for the site.

7. The planned development includes additional secure dementia care accommodation. 8. Residents’ bonds can only be used for capital work or debt reduction: this is governed

by Commonwealth legislation. 9. In addition to the $30million available though bonds for funding towards the capital

project CAPH holds liquidity to meet operating needs and for return of resident bonds as required.

10. CAPH will be the developer and owner of the proposed development. CAPH will partner with a suitable operator for the running of the facility. It may or may not be Bethanie. CAPH has had a successful ongoing relationship with Bethanie but the current operating agreement specifically provides for the potential to change to an alternative operator in the event of new development occurring.

11. Land remains in ownership of councils and any changes would require Ministerial approval. CAPH cannot develop or sell the land (beyond what is approved by the lease). This is the basis on which councils can be confident that the long term future of the land will be ‘owned by then councils for the community to be used for aged care’.


6

12. Although CAPH was established initially with a clear focus on providing for residents from the immediate area the new legislative environment does not allow discrimination in favour of locals over people from other suburbs.

In summary Members of the Working Group agreed that the following points (to be answered following the initial working group meeting) had been satisfactorily addressed by the presentation and answers to members’ questions:

• What is Curtin Care planning to do on the site (Upgrade to meet accreditation standards and development to add housing capacity/options)?

• Of the proposed changes what are the accreditation requirements? • Who designed the plans and what was their modelling based on (financial, regional

needs etc)? • What is Curtin Care’s governance structure? • What is Curtin Care’s financial model?

3.2 Position Paper – Background Information The Position Paper was distributed to each council prior to the meeting.

4. MEETING OUTCOMES

4.1 Claremont to prepare a draft report for member councils: • 25 year lease to commence on completion of redevelopment • Guiding agreement to include new lease to be entered into on completion of

redevelopment 4.2 Draft report to be circulated to member councils. Further meeting of working group

only if required to resolve issues after receipt of draft report.

5. MEETING CLOSURE

The Meeting is declared closed at 7.20pm.

COUNCIL


STREET, COTTESLOE

CAPH WORKING GROUP MEETING NOTES 7 OCTOBER 2015

20 OCTOBER 2015

ATTACHMENT 3

MEETING NOTES

CAPH Working Group

Meeting #3

Wednesday 7 October 2015 at 5:30pm

VENUE: Town of Claremont 308 Stirling Hwy, Claremont

CAPH Working Group

Meeting Notes Wednesday 7 October 2015 at 5:30pm

Page 1. DECLARATION OF OPENING .............................................................................. 3

2. ATTENDANCE & APOLOGIES .............................................................................. 3

2.1 ATTENDANCE ............................................................................................ 3

2.2 APOLOGIES ............................................................................................... 3

3. MEETING BUSINESS ............................................................................................ 3

3.1 DRAFT OFFICER REPORT ........................................................................ 3

3.2 CONSIDERATION OF DRAFTING INSTRUCTIONS .................................. 4

4. MEETING OUTCOMES ......................................................................................... 4

5. MEETING CLOSURE ............................................................................................ 4

Meeting Notes 7 October 2015

Meeting Notes CAPH Working Group 3

MEETING NOTES

CAPH Working Group held on

Wednesday 7 October 2015 at 5:30PM

1. DECLARATION OF OPENING

The meeting is declared open at 5.35pm.

2. ATTENDANCE & APOLOGIES

2.1 Attendance Council Representatives Jock Barker Mayor Town of Claremont Bruce Haynes Deputy Mayor Town of Claremont Alastair Tulloch Councillor Town of Claremont Jo Dawkins Mayor Town of Cottesloe Philip Angers Councillor Town of Cottesloe Zenda Johnson Councillor Town of Mosman Park Jenna Ledgerwood Councillor Town of Mosman Park Karen Farley (5.40pm) Councillor Shire of Peppermint Grove Charles Hohnen Councillor Shire of Peppermint Grove Council Officers Stephen Goode CEO Town of Claremont Mat Humfrey CEO Town of Cottesloe Kevin Poynton (5.45pm) CEO Town of Mosman Park John Merrick CEO Shire of Peppermint Grove Les Crichton Executive Manager Town of Claremont

2.2 Apologies Ron Norris Mayor Town of Mosman Park

3. MEETING BUSINESS

3.1 Draft officer report • Draft report prepared by Claremont CEO • Draft report was circulated before meeting • Awaiting valuation which is necessary to determine if it necessary to advertise a

business plan pursuant to the Local Government Act. The working group members discussed the report and sort clarification of a range of matters.

Meeting Notes 7 October 2015

Meeting Notes CAPH Working Group 4

3.2 Consideration of drafting instructions The working group discussed the officer report in respect to the proposal to recommend to the councils proceeding with a new lease for an extended term at a nominal rent based on:

• An agreement to lease which will include performance requirements to be achieved before the lease is finalised

• A new lease document which the councils agree will be entered into subject to the preliminary conditions being achieved.

There were no changes required to the draft officer report other than some corrections and clarifications. The recommendation to be modified to include only –

1. Support for the new lease, and 2. Authorisation for preparation of the documentation.

The other two clauses of the draft lease to be dropped.

4. MEETING OUTCOMES

4.1 Claremont CEO to obtain written legal advice about the requirements of section 3.59(1) of the Local Government Act 1995 in respect to major land transaction (i.e. to clarify if a business plan is required for the proposed land transaction).

4.2 Claremont CEO to finalise draft report and issue to each council. 4.3 The recommendation of the draft report to be amended to seek approval from the

councils for- (a) Support for a 25 year lease being granted to Curtin Care Inc for lot 87 Gibney

Terrace Cottesloe for the purposes of the provision of care, accommodation and residential facilities for aged persons and all activities relating to the provision of such care, accommodation and residential facilities on a not for profit basis.

(b) Authorisation of the CEO of Town of Claremont to facilitate the preparation of the agreement to lease and lease, the legal costs of which to be shared equally between the local government owners.

4.3 Each CEO to submit their report to the soonest council meeting. 4.4 Meeting consensus was that the member councils will accept the cost of preparing

the agreement to lease and the new lease.

5. MEETING CLOSURE The Meeting was declared closed at 6.28pm.


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14.1.3 WALGA DISCUSSION PAPER - POLICY OPTIONS TO INCREASE ELECTED MEMBER TRAINING PARTICPATION

File Ref: GOR/00278 Attachments: WALGA Discussion Paper - Policy Options to

Increase Elected Member Training Participation Responsible Officer: Stephen Goode

Chief Executive Officer Author: Stephen Goode

Chief Executive Officer Proposed Meeting Date: 20 October 2015

Purpose The Western Australian Local Government Association (WALGA) is undertaking a consultation process about elected member training. This report presents a summary of the issues raised in the WALGA discussion paper together with recommendations for Council consideration.

Background WALGA invites members to provide feedback, including general comments as well as answers to the questions on pages 30-31 of the attached paper, by Friday, 30 October 2015 (note this has been brought forward from the date in the discussion paper to better coordinate with the agenda for zone meetings). WALGA seeks to take a lead in the development of policy about elected member training and wants this policy development process to ensure the local government sector can shape the debate and develop a policy framework that will increase elected member participation in training and professional development, prior to Government imposed policy or legislative change. WALGA’s policy discussion paper states that increasing participation in elected member training is considered a desirable policy goal for individual elected members, for councils and for the local government sector, due to the competing demands on elected members, the complexity of the local government regulatory regime, and importance of local government to communities across Western Australia. To facilitate exploration of policy options to increase elected member participation in training, three tiers of currently available training, based on the nationally recognised Local Government Training Package and designed specifically for elected members, are discussed: i. Introductory training, which aims to provide a fundamental understanding of the role of local government; ii. Foundation training, which addresses the introductory skills required to operate effectively in a local government environment; and, iii. Advanced Training, which further enhances the skills required of elected members.


Page 22

Council induction programs, which are often the first point of learning for newly elected council members, are also discussed as complementary to the formal elected member training framework. In addition, three mechanisms which increase accessibility to formal training are discussed: recognition of prior learning, the ability for assessments to be modified to suit individual needs and modes of content delivery. Utilising the existing training framework for elected members, the following six policy options, which are not exhaustive, nor mutually exclusive, are explored in this paper: 1. Enhance the desirability of training offerings; 2. Delivery of best practice Council induction programs; 3. Require Councils to adopt a training policy; 4. Require candidates to attend training prior to nominating for election; 5. Incentivise training through the remuneration framework; and, 6. Mandate training for newly elected members.

Discussion Local government is a significant sector in the economy and governance of Western Australia. With $4.4 billion in annual revenue and $27.6 billion of non-financial assets under management, the local government sector requires competent and well qualified political leadership. The 139 local governments have some 1214 elected members. Those elected members are democratically elected to deliver good governance to their communities and come from enormously diverse backgrounds, with equally diverse experience and training to equip them for their role as a council member. Many perhaps do not fully appreciate the significance of their role and require development to ensure they are competent in overseeing complex public organisations. There is an obvious argument that training and development for local government council members is at least as important as the training of company directors. The private sector director has an inarguably challenging role but, to a real degree, the elected member’s role is additionally complex because of the elected representative role and the quasi-judicial role which council members must balance. The Minister for Local Government, the Department of Local Government and Communities, and other stakeholders have, over recent years, suggested that participation in elected member training should be mandatory or incentivised through the elected member remuneration framework. Calls for greater elected member training are predicated on the belief that those who undertake training and professional development are better able to perform their role as a council member and are able to offer greater strategic contributions to the council’s decision making processes. Indeed, in all Australian jurisdictions, a common feature of nearly every inquiry into governance failures at an individual council or a more general review of local government capacity and capability is a recommendation for an increase in elected member participation in training. WALGA invites general comment but in particular requests responses to the following questions. 1. Best Practice Induction Programs – does Council support local governments


Page 23

adopting and delivering a structured and thorough council induction program? a. If so, should legislation be changed for this to be a requirement, or should it remain voluntary? A mandatory requirement for a suitable induction program is supported. It is the requirement for such an industry wide program that should be mandated, not the content. The differences between the 139 local governments in WA mean one model program is most unlikely to be suitable for all councils. Instead WALGA should take leadership and develop model induction programs which include core training (such as basic legal issues, code of conduct and misconduct, roles and responsibilities) while having optional inclusions more suited to specific councils (e.g. those in high growth areas may need additional training about planning law and dealing with applicants). 2. Training and Development Policy – does Council support legislative amendments to require all Councils to review and adopt an Elected Member Training and Development Policy following every biennial election? Councils in South Australia have been required to adopt a training and development policy for elected members for many years. Discussion with CEO colleagues in SA suggests a good acceptance by elected members of training and probably few (council members) would want to go back to ad-hoc arrangements. Development of a training policy for elected members targeted at the needs of each individual council, probably with some foundation training common across the sector, is supported as a positive step towards a best practice approach. 3. Candidate Requirements – does Council support legislative amendment to require candidates to attend an information session or complete an equivalent online information session prior to nominating for election? This has not (yet) been introduced as a requirement in any Australian jurisdiction, although it was recently proposed by the New South Wales Independent Local Government Review Panel. Proponents of this approach want to ensure that candidates have an awareness of the role and responsibilities of an elected member prior to their nomination for election to council. This approach may even dissuade some ‘single issue’ candidates from nominating once they have an understanding of the local government legislative framework, particularly in relation to conflicts of interest. The typical argument against compelling candidates to attend an information session is that such an approach may create a barrier to nominating for some candidates, thereby reducing the potential pool of candidates and undermining the democratic process. There are currently various ad-hoc arrangements whereby potential candidates are offered information sessions. Some have been offered in the western suburbs over the last few election cycles but are typically sparsely attended.


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WALGA has an introductory training offering called Understanding Local Government, which can be completed in two hours online, and could be applied to a regime requiring candidates to undertake specified training prior to acceptance of their nomination for election. Notwithstanding the increasing widespread availability of online resources and internet access, ensuring access for all candidates to the training or information session would have to be considered. On balance it is thought that ensuring potential candidates have a proper awareness and understanding of the role of an elected member has to be a positive thing and the idea should be supported. 4. Incentivised Training – does Council support legislative amendments to enable elected members to be paid additional allowances commensurate with the level of training undertaken? a. If so, how should the fees and allowances framework be structured? I.e. should elected members be paid a specified annual amount, a percentage bonus or using some other method? It is not long ago that council members were not paid any allowance for their service to local government. Members are now paid either an annual allowance or a per meeting fee plus a range of other approved allowances can be approved. One argument is that a new allowance could incentivise members completing training. The alternative view is that members should accept the training requirement and if they do not then, because they do not undertake appropriate steps to ensure full and proper understanding of their role and responsibilities, they are less able to discharge their duties; therefore perhaps they should be ineligible for all or some of the current fees paid. The Salaries and Allowances Tribunal (which sets the levels for council member allowances) has toyed with the idea of providing incentives for training; most recently deciding - While the Tribunal is generally amenable to providing incentives for Elected Members to undertake (training) that will develop skills related to their core responsibilities, it has determined that it is not appropriate to provide incentives until the completion of the pilot program and the training for Elected Members is more generally available. No other Australian jurisdiction pays incentives for elected members to undertake training. This question should be considered by Council in the context of question 5. 5. Mandatory Training – does Council support legislative amendment to require elected members to be required to undertake foundation training (such as the Elected Member Skill Set or equivalent)? a. Should mandatory training be applied to all elected members or only to newly elected elected members? b. For newly elected elected members, what is the appropriate timeframe within which training should be completed? c. What is the appropriate penalty for non-completion of the required training?


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South Australia is to date the only state to mandate council member training. Newly elected council members must complete the mandatory training requirements within the first 12 months of their four year term. The mandatory training involves four modules, which are able to be completed in seven and a half hours in total and can be delivered in-person or online via webinar. The four modules are: 1. Introduction to Local Government; 2. Legal Responsibilities; 3. Council and Committee Meetings; and, 4. Financial Management and Reporting. Whilst the training is mandatory there does not appear (at this time) to be penalties for not completing the training. The new laws about training were only introduced in 2014 and it appears likely the SA Government is anticipating that local government elected members will comply and hoping not to move to sanctions for those who do not. Having a training regime for elected members is seen as positive. Limiting it to new elected members may be condemning it to failure of its objective of ensuring that by undertaking training and professional development elected members will be better able to perform their role as a council member and are able to offer greater strategic contributions to the council’s decision making processes. It is clear from the public record that it is not only new elected members who require development. For example the dismissed council of the City of Canning had many members who could not be described as new or inexperienced. A casual review of the council members at (the relevant time) of Carnarvon, Cockburn, Joondalup and South Perth (all of which have had the council dismissed) will show that experienced elected members were on those councils. Inexperience in terms of years on the council could not have been the factor that caused the council to fail. It is often said that the people who most need professional development and specific training do not recognise that it is needed. In itself this is a factor leading to problems. As recently as October 6 the Lord Mayor of Perth, Ms Lisa Scaffidi, is quoted as saying that when elected as Lord Mayor in 2008 ‘I was a brand new Lord Mayor and I was entitled to rely on the guidance offered by people far more experienced than me in terms of governance.’(The West, Tuesday, October 6, 2015, p4). According to sources on the internet Ms Scaffidi had previously served for eight years as a councillor of the City of Perth. This is offered only as an example that even after eight years of experience an elected member can be well served by training and development. In fact the Minister for Local Government, Hon Tony Simpson said (in relation the Ms Scaffidi) that the issue was evidence that greater training of councillors was needed. He also said, “What we have here is a classic example of not knowing the rules, which tells me we need more training of councillors so they understand the rules of the Local Government Act.” (Quoted on the ABC website, Wednesday, October 7). Support for mandatory training for all elected members is suggested. If a voluntary approach to training and development would work this discussion paper and attempt at leadership by WALGA would not be required. The entire issue has been canvassed many times within the local government sector, not the least occasion being through the Systemic Sustainability Study (SSS) which in its 2008 final report


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recommended that local governments be required to resource elected member training and that elected members continue to be encouraged to undertake further training and skill development. Unfortunately, like most of the proposals of the SSS, the sector dropped the ball; because it was voluntary. The legislation for mandatory training should provide some scope to recognise prior learning; however each elected member should be able to demonstrate the required competencies. The four training modules which are mandatory in South Australia require minimal time from an elected member, i.e. seven and a half hours in total. It is not unrealistic to require this to be completed within four months of election for a new member and for currently serving members within four months of introduction of the legislation, or alternatively within four months of the training modules being available through a recognised training body. If the training is not completed within the required timeframe the elected member could lose entitlement to meeting fees or allowances until such time as the training is completed. If the training is not completed with the elected member’s term they could be barred from a further term of office. Beyond the base competency training units it would be good practice to encourage elected members to undertake further skill development according to the needs of their council. The WALGA Diploma of Local Government for elected members may serve as a guide to additional development opportunities. This includes modules on: Serving on Council Decision Making at a Governing Board Level Meeting Procedures and Debating Effective Community Leadership Strategy and Risk Management Policy Development Land Use Planning Sustainable Asset Management CEO Performance Appraisals Manage Conflict. The obvious lessons identified through the Lord Mayor Scaffidi CCC findings include the need for training and development, but further indicate the need for mentoring of a new mayor or president. There is a significant difference in the roles and responsibilities of the mayor/president compared to a councillor. Compounding this is the fact that on occasions a person with no local government experience is elected to the office of mayor or president. WALGA should develop and implement a mentoring program for new mayors/presidents in a manner similar to the new CEO mentoring program which is jointly sponsored by LGMA, WALGA and the Department of Local Government and Community. In Summary It is proposed that Council:


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Q1. Support a mandatory requirement for a suitable induction program on the understanding that there should be flexibility in content to reflect the diversity of councils across WA. Q2. Support the requirement for a training policy for elected members targeted at the needs of each individual council, including some foundation training common across the sector. Q3. Support legislative amendment to require candidates (other than renominating elected members) to attend an information session or complete an equivalent online information session prior to nominating for election. Q4. Not support incentivised training by payment of additional allowances commensurate with the level of training undertaken. Q5. Support legislative amendment to require elected members to be required to undertake foundation training such as the four compulsory modules mandated in South Australia. a. Support mandatory training for all elected members with provision to recognise prior learning; however each elected member should be able to demonstrate the required competencies. b. Propose four months as the appropriate time frame for completing the mandatory training modules. c. Propose the penalty for not completing the mandatory training within four months the elected member should lose entitlement to meeting fees or allowances until such time as the training is completed. If the training is not completed with the elected member’s term they are barred from a further term of office Until they have undertaken required training). Additionally Council propose: • Continued promotion and encouragement of voluntary training and development

beyond the mandatory base competency training units according to the needs of individual councils.

• WALGA should develop and implement a mentoring program for new mayors/presidents in a manner similar to the new CEO mentoring program which is jointly sponsored by LGMA, WALGA and the Department of Local Government and Communities.

Past Resolutions No related previous resolution.

Financial and Staff Implications Council provides an annual budget provision for elected member training and development. There is no training plan for council members and the funds are expended on an ad-hoc basis. There are no significant staff implications. Consideration of how a training plan is developed and managed is required: It may impose some new requirements on staff.


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Policy and Statutory Implications There is no legislative provision requiring training and development of elected members. It is clear that such a provision seems likely in the absence of leadership by the local government sector, which is why WALGA has undertaken the initiative of developing the discussion paper and seeking feedback. Section 2.8 Local Government Act 1995 sets out the role of mayor or president Section 2.9 describes the role of deputy mayor or deputy president. Section 2.10 establishes the role of councillors. Section 2.7 sets out the role of council.

Publicity N/A


• Identify strategic partnerships that align with the Town’s vision.


• Provide responsive and responsible leadership.

Urgency Urgent - WALGA has requested feedback by 30 October 2015.


OFFICER RECOMMENDATION 1. That Council supports

1.1. The legislated requirement for a mandatory suitable induction program on the understanding that there should be flexibility in content to reflect the diversity of councils across WA.

1.2. The legislated requirement for a training policy for elected members targeted at the needs of each individual council, including some foundation training common across the sector.

1.3. A legislative amendment to require candidates (other than renominating elected members) to attend an information session or complete an equivalent online information session prior to nominating for election.

1.4. A legislative amendment to require elected members to be required to undertake foundation training such as the four compulsory modules mandated in South Australia.


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1.5. The legislated requirement for mandatory training for all elected members with provision to recognise prior learning; however each elected member should be able to demonstrate the required competencies.

1.6. The provision that four months be the appropriate timeframe for completing the mandatory training modules.

1.7. That the penalty for not completing the mandatory training within four months be that the elected member lose entitlement to meeting fees or allowances until such time as the training is completed. If the training is not completed with the elected member’s term they are barred from a further term of office (until they have undertaken required training).

2. That Council not support

2.1. Incentivised training by payment of additional allowances commensurate with the level of training undertaken.

3. That Council recommend WALGA considers

3.1. Continued promotion and encouragement of voluntary training and development beyond the mandatory base competency training units according to the needs of individual councils.

3.2. A mentoring program for new mayors/presidents in a manner similar to the new CEO mentoring program which is jointly sponsored by LGMA, WALGA and the Department of Local Government and Communities.

COUNCIL

WALGA DISCUSSION PAPER - POLICY OPTIONS TO INCREASE ELECTED MEMBER TRAINING

PARTICPATION

WALGA DISCUSSION PAPER – POLICY OPTIONS TO INCREASE ELECTED MEMBER TRAINING

PARTICIPATION

20 OCTOBER 2015

ATTACHMENT 1

Policy Options to Increase Elected Member Training

Participation Discussion Paper

www.walga.asn.au 2

Contacts

For further information regarding any of the issues explored in this paper, please contact:

Timothy Lane

Manager, Strategy & Reform

(08) 9213 2029 or [email protected]

Jacqueline Dodd

Training Services Manager


Tony Brown

Executive Manager, Governance & Organisational Services


To inform future policy development and advocacy, feedback from Local Governments is

sought on this paper. Please provide general feedback as well as answers to the questions

on pages 30-31, by Friday, 13 November 2015 to:

Timothy Lane

Manager, Strategy and Reform

[email protected]

www.walga.asn.au 3

Executive Summary

In the context of calls for increased participation in Elected Member training in Western

Australia and in other Australian jurisdictions, WALGA is undertaking a thorough consultation

process with the Local Government sector to explore policy options relevant to this

contemporary and important discussion.

This paper, and its associated consultation and policy development process, represents a

proactive opportunity for the Local Government sector to shape the debate and develop a

policy framework that will increase Elected Member participation in training and professional

development, prior to Government imposed policy or legislative change.

Increasing participation in Elected Member training is considered a desirable policy goal for

individual Elected Members, for Councils and for the Local Government sector due to the

competing demands on Elected Members, the complexity of the Local Government

regulatory regime, and importance of Local Government to communities across Western

Australia.

To facilitate exploration of policy options to increase Elected Member participation in training,

three tiers of currently available training, based on the nationally recognised Local

Government Training Package and designed specifically for Elected Members, are

discussed:

i. Introductory training, which aims to provide a fundamental understanding of the role

of Local Government;

ii. Foundation training, which addresses the introductory skills required to operate

effectively in a Local Government environment; and,

iii. Advanced Training, which further enhances the skills required of Elected Members.

Council induction programs, which are often the first point of learning for newly elected

Elected Members, are also discussed as complementary to the formal Elected Member

training framework.

In addition, three mechanisms which increase accessibility to formal training are discussed:

recognition of prior learning, the ability for assessments to be modified to suit individual

needs and modes of content delivery.

Utilising the existing training framework for Elected Members, the following six policy

options, which are not exhaustive, nor mutually exclusive, are explored in this paper:

1. Enhance the desirability of training offerings;

2. Delivery of best practice Council induction programs;

3. Require Councils to adopt a training policy;

4. Require candidates to attend training prior to nominating for election;

5. Incentivise training through the remuneration framework; and,

6. Mandate training for newly elected Elected Members.

www.walga.asn.au 4

Feedback from the Local Government sector in relation to the policy options listed above, or

any other relevant matter, is sought by Friday, 13 November 2015.

The policy framework recommendations that stem from this consultation process will be the

subject of thorough Zone and State Council consideration during a subsequent Zone and

State Council meeting process.

www.walga.asn.au 5

Contents Contacts................................................................................................................................ 2

Executive Summary .............................................................................................................. 3

1. Background .................................................................................................................... 7

1.1 Role of WALGA – Training Provider and Advocate ................................................. 7

1.2 Benefits of Elected Member Training ...................................................................... 8

1.3 Policy Context in Western Australia and Other States ............................................. 9

1.3.1 Salaries and Allowances Tribunal .................................................................... 9

1.3.2 Inquiry into the City of Canning ...................................................................... 10

1.3.3 Metropolitan Local Government Review Panel ............................................... 11

1.3.4 South Australia .............................................................................................. 12

1.3.5 New South Wales – Fit for the Future ............................................................ 12

1.3.6 Systemic Sustainability Study ........................................................................ 13

2. Elected Member Training ............................................................................................. 15

2.1 Elected Member Training Framework ................................................................... 15

2.1.1 Introductory Training ...................................................................................... 16

2.1.2 Foundation Training ....................................................................................... 17

2.1.3 Advanced Training ......................................................................................... 18

2.2 Accessibility of Training ........................................................................................ 19

2.2.1 Recognition of Prior Learning ......................................................................... 19

2.2.2 Reasonable Adjustments ............................................................................... 20

2.2.3 Modes of Delivery .......................................................................................... 20

2.3 Local Government Induction Programs ................................................................. 20

3. Policy Options .............................................................................................................. 22

3.1 Enhance Desirability of Training Offerings ............................................................ 22

3.2 Best Practice Induction Programs ......................................................................... 23

3.3 Require Councils to Adopt a Training Policy ......................................................... 23

3.4 Requirements for Candidacy ................................................................................. 24

3.5 Incentivisation of Training ..................................................................................... 25

3.5.1 Elected Member Remuneration Framework ................................................... 25

3.5.2 Incentivisation Policy Options ........................................................................ 26

3.6 Mandatory Training ............................................................................................... 27

3.6.1 Mandatory Foundation Training ..................................................................... 27

4. Conclusion ................................................................................................................... 29

www.walga.asn.au 6

4.1 Process for Feedback ........................................................................................... 30

Appendix 1 – Councillor Position Description Mapped to Skill Set Unit Requirements ........ 32

www.walga.asn.au 7

1. Background

This paper aims to facilitate a discussion about policy options to increase Elected Member

training participation. In particular, policy options for mandating or incentivising training

through the fees and allowances framework will be explored.

The Local Government sector consultation process accompanying this paper represents an

opportunity for the sector to proactively explore options for increasing Elected Member

participation in training. In the context of increasing calls from the State Government for

policy or legislative changes to increase Elected Member participation in training, not

developing a sector-led policy framework risks future Government intervention.

This paper comprises four sections:

I. Section One discusses the role of WALGA, outlines the importance and benefits of

training, and explores the policy context in Western Australia and interstate;

II. Section Two outlines the existing training framework for Local Government Elected

Members, including Council induction programs and accessibility features of the

formal training framework;

III. Section Three explores policy options to increase Elected Member participation in

training including options to compel or incentivise training; and,

IV. Section Four summarises the policy options and outlines a process for Local

Government and stakeholder feedback.

1.1 Role of WALGA – Training Provider and Advocate

WALGA, as the lead Association for Local Government in Western Australia, advocates and

develops policy on behalf of 139 Western Australian Local Governments and offers a diverse

range of Local Government specific services.

WALGA has a dual and potentially conflicting position in policy development relating to

incentivising or mandating Elected Member training: WALGA is both an advocate for policy

change on behalf of the Local Government sector and a provider of Elected Member training

as a Registered Training Organisation (RTO). Policy or legislative changes resulting in

increased Elected Member participation in training have the potential to financially benefit

WALGA as a key provider of Local Government specific training in Western Australia. It is

important that this potential conflict of interest is forthrightly acknowledged by WALGA.

To address the potential conflict of interest, this paper will focus on nationally accredited

training based on the Local Government Training Package. Any RTO is able to offer training

that complies with the Local Government Training Package and it would be expected that

increasing demand resulting from policy or legislative change would potentially lead to other

RTOs offering specific Elected Member training.

Further, at no stage will WALGA advocate to the Minister for Local Government or the

Salaries and Allowances Tribunal that specific WALGA training should be mandated or

www.walga.asn.au 8

incentivised. Instead, policy or legislative changes should only reference nationally

accredited training that could be offered by a number of RTOs in a competitive market.

On balance, while acknowledging the potential conflict of interest, it is considered

appropriate for WALGA to facilitate a dialogue with the sector in relation to policy or

legislative changes seeking to increase Elected Member participation in training, as this

represents a significant and contemporary policy issue in Local Government nationally. To

not proactively develop a policy position on behalf of the sector in relation to this issue would

be a disservice to Western Australia’s current and future Elected Members and to the

communities they serve and represent.

1.2 Benefits of Elected Member Training

Policy development aiming to increase Elected Member participation in training is predicated

on the supposition that there are benefits for the individual Elected Member, their Council

and the Local Government sector to be realised from training and professional development.

For individuals, training and professional development can be valuable in assisting Elected

Members to navigate their increasingly complex and demanding role. Managing competing

demands, fully understanding complex issues and working within the confines of a unique

legislative and regulatory system can be challenging, particularly for new or inexperienced

Elected Members. The complexity and challenge of the role of an Elected Member is

demonstrated by the Elected Member Position Description, which was developed by the

Department of Local Government and Communities, and is mapped against the Elected

Member Skill Set (see Section 2.1.2) in Appendix 1.

Elected Members who have undertaken training are typically very satisfied with the benefits

of training and with the applicability of their learnings to their role. During the 2014-15

financial year, 308 Elected Members participated in WALGA delivered training subsidised by

the Royalties for Regions Country Local Government Fund. In a post-training survey,

participants rated all four courses five out of six or better (on a one to six scale) when asked

to what extent they felt their personal learning objectives had been achieved. For individual

Elected Members to be able to make a meaningful contribution to their Council, training in

the key responsibilities of their role can be extremely beneficial.

Councils also benefit from Elected Member training. As the strategic decision-making body

of the Local Government, it is crucial that Councils understand their responsibilities and

contain the appropriate skills and understanding to make informed strategic decisions on

behalf of their communities.

With $4.4 billion in annual revenue and $27.6 billion of non-financial assets under

management, the Local Government sector requires competent and well qualified political

leadership. It is crucial for the sustainability and reputation of the Local Government sector

that Elected Members and Councils fully appreciate the significance of their role and are

competent in overseeing complex public organisations.

www.walga.asn.au 9

Given the significance of the role of an Elected Member and the importance of Councils in

overseeing complex organisations, coupled with the utility of training and professional

development, it is not surprising that state governments and other stakeholders, in Western

Australia and elsewhere, have been suggesting policy or legislative change to increase

Elected Member participation in training.

1.3 Policy Context in Western Australia and Other States

The Minister for Local Government, the Department of Local Government and Communities,

and other stakeholders have, over recent years, suggested that participation in Elected

Member training should be mandatory or incentivised through the Elected Member

remuneration framework.

Calls for greater Elected Member training are predicated on the belief that Elected Members

who undertake training and professional development are better able to perform their role as

an Elected Member and are able to offer greater strategic contributions to the Council’s

decision making processes. Indeed, in all Australian jurisdictions, a common feature of

nearly every inquiry into governance failures at an individual Council or a more general

review of Local Government capacity and capability is a recommendation for an increase in

Elected Member participation in training.

The desire of state governments for increased Elected Member participation in training is not

unique to Western Australia. For instance, in 2014, training for Elected Members became

mandatory for newly elected Elected Members in South Australia. Further, the New South

Wales Local Government Independent Review Panel recommended the introduction of

mandatory Elected Member training in its 2013 report.

While mandatory training is one option, some stakeholders argue for a more nuanced policy

approach: using the fees and allowances framework to incentivise – rather than compel –

training. Others argue for a less interventionist approach, such as encouraging Elected

Members to undertake training or requiring Councils to adopt a training policy.

A range of options will be explored in Section Three of this paper and feedback invited from

the Local Government sector.

1.3.1 Salaries and Allowances Tribunal

The Salaries and Allowances Tribunal determination, issued in June 2014, stated that the

Minister for Local Government has an appetite for Elected Members to be incentivised to

undertake training through the fees and allowances framework:

As part of the Tribunal’s 2013 inquiry, the Minister for Local Government requested

that consideration be given to the possibility of providing incentives for elected

www.walga.asn.au 10

council members who participate in training programs in an effort to increase the

capacity of local governments to successfully deliver services to the community.1

The Salaries and Allowances Tribunal concluded that it was not appropriate to provide

incentives or rewards for completion of training as part of its 2014 determination while a

program of training for Elected Members, funded by the Royalties for Regions program, is

being undertaken in non-metropolitan areas.

In their 2015 determination, the Salaries and Allowances Tribunal reiterated their previous

position regarding their openness to providing incentives for training and stated:

While the Tribunal is generally amenable to providing incentives for Elected Members

to undertake that will develop skills related to their core responsibilities, it has

determined that it is not appropriate to provide incentives until the completion of the

pilot program and the training for Elected Members is more generally available.2

Following the completion of the second round of Royalties for Regions training during the

2015-16 financial year, the Minister for Local Government may request the Salaries and

Allowances Tribunal to further investigate options for incentivising training.

1.3.2 Inquiry into the City of Canning

The 2014 Report of the Panel of Inquiry into the City of Canning discussed issues

associated with Elected Member induction training, continuing education and remuneration,

and made a number of relevant recommendations to the State Government.

In particular, as per point two of the recommendation below, the Report recommended that

newly elected Councillors be required to undertake training within their first three months:

Recommendation Seven

I recommend that:

1. Consideration be given to providing newly elected Councillors a period of time

after their election (perhaps three months), and prior to officially taking up

their role as local government Councillors, to participate as non-voting

members in the Council process as remunerated observers.

2. During this period, these newly elected Councillors should be required to

complete a formal training program in their new role as per an appropriate,

government mandated, local government training program.

3. This training be funded by each local government and be offered to any other

Councillor who requests it.

1 Salaries and Allowances Tribunal. 2014. Western Australia Salaries and Allowances Act 1975 Determination of

the Salaries and Allowances Tribunal on Local Government Elected Council Members: p5. Available from: http://www.sat.wa.gov.au/LocalGovernmentElectedMembers/Pages/Determination18June2014.aspx 2 Salaries and Allowances Tribunal. 2015. Western Australia Salaries and Allowances Act 1975 Determination of

the Salaries and Allowances Tribunal on Local Government Chief Executive Officers and Elected Members: p7. Available from: http://www.sat.wa.gov.au/LocalGovernmentCEOsandElectedMembers/Documents/2015-06-17-Local-Government-Combined-Remuneration-Determination.pdf

www.walga.asn.au 11

4. The Local Government Act 1995 should be amended accordingly to

accommodate these new educational and learning initiatives.3

Beyond recommending mandatory induction training within three months of election to

Council, the Inquirer into the City of Canning argued that, due to the complex and

sophisticated Local Government environment, continuing education for Elected Members

would be valuable to anyone seeking to become an Elected Member.4

The Report recommended that more detailed and involved training should be made

compulsory for Elected Members in due course:

Recommendation Eight

I recommend that the Department of Local Government, in cooperation with the WA

Local Government Association and Local Government Managers Australia,

investigate the offering of continuing education programs of the sort detailed in this

Report and that, in due course, the Local Government Act 1995 be amended to make

continuing education and training mandatory for all Elected Members.5

The Inquirer also discussed remuneration for Elected Members and linked Elected Member

remuneration with training and further education. The Report recommended that

remuneration for Elected Members be reviewed simultaneously with requirements for

training:

Recommendation Nine

I recommend that any changes of the sort suggested above in relation to induction

and continuing education be undertaken simultaneously with an investigation of the

current remuneration levels for local government members – remuneration levels

which are, in my opinion, inadequate given the considerable time requirements now

imposed on Elected Members.6

1.3.3 Metropolitan Local Government Review Panel

The Metropolitan Local Government Review Panel’s Final Report also discussed Elected

Member training and sought to link Elected Member training and remuneration:

The model for elected members needs to be updated to encourage an increased

capacity for strategic decision-making. The Panel believes elected members need to

exhibit a higher standard of executive governance, similar to that of a board. This can

be reinforced by training which is encouraged by appropriate remuneration.7

3 Kendall, C. N. 2014. Report of the Panel of Inquiry into the City of Canning: An Inquiry under Division 2, Part 8

Local Government Act 1995: p366. 4 Kendall, C. N. 2014: p366-7

5 Kendall, C. N. 2014: p367

6 Kendall, C. N. 2014: p368

7 Metropolitan Local Government Review Panel. 2012. Metropolitan Local Government Review: Final Report of

the Independent Panel: p153

www.walga.asn.au 12

1.3.4 South Australia

Training for Elected Members was made compulsory in South Australia in 2014, and newly

elected Elected Members must complete the mandatory training requirements within the first

12 months of their four year term 2014-2018.8

The mandatory training involves four modules, which are able to be completed in seven and

a half hours in total and can be delivered in-person or online via webinar.

The four modules are:

1. Introduction to Local Government;

2. Legal Responsibilities;

3. Council and Committee Meetings; and,

4. Financial Management and Reporting.

While the training is mandatory, it is unclear at this stage what the consequences will be for

Elected Members who fail to successfully complete the mandated modules.

It is also a requirement in South Australia for Councils to adopt a Training and Development

Policy for Elected Members that is intended to ensure Elected Members are offered

opportunities to undertake required training and any other training and development

activities relevant and beneficial to their role.

To assist Local Governments to comply with this requirement, the Local Government

Association of South Australia provides a model policy to its members that can be adapted

by individual Local Governments.

1.3.5 New South Wales – Fit for the Future

Local Government in New South Wales has undergone a thorough review process since the

establishment in 2012 of the NSW Independent Local Government Review Panel, led by

Professor Graham Sansom.

The Panel reported in 2014 and the NSW Government has responded to the Panel’s

recommendations. Notably, the Panel recommended that professional development of

Elected Members be linked to the remuneration system:

Increase remuneration for councillors and mayors who successfully complete

recognised professional development programs.9

The Government, in their response to the Panel’s report did not accept the above

recommendation. However, in response to another recommendation the Government stated

8 Further information can be found on the Local Government Association of South Australia website:

http://www.training.lga.sa.gov.au/index.cfm/council-member-training/lga-training-standard/ 9 NSW Independent Local Government Review Panel. 2013. Revitalising Local Government: Final Report of the

NSW Independent Local Government Review Panel: p68

www.walga.asn.au 13

that it would give further consideration to mandating induction training for newly elected

Councillors:

Ensuring new mayors and first time councillors undergo induction training. The

Government believes in addition to this that councils should encourage all

councillors, mayors and candidates to undergo training to ensure they have the

necessary information and skills to decide to stand for council and perform their role

effectively.10

Further, the Panel also recommended that candidates be required to attend an information

session prior to submitting a nomination:

Before their nomination is accepted, require all potential candidates for election to

local government to attend an information session covering the roles and

responsibilities of councillors and mayors.11

1.3.6 Systemic Sustainability Study

The 2008 Final Report of the sector’s Systemic Sustainability Study (SSS), The Journey:

Sustainability into the Future, also discussed “Building Councillor Capability” at length. While

the SSS Panel Report, published in 2006, recommended mandatory training for Elected

Members following their election, this proposition was not supported by the sector during the

consultation process relating to the final report.

Consequently, the Final Report of the SSS recommended that Local Governments be

required to resource Elected Member training and that Elected Members continue to be

encouraged to undertake further training and skill development. Actions 28 and 29 of the

SSS Final Report are relevant for this discussion. Action 28 recommends that Local

Governments be required to allocate funding for Elected Member training.

Action 28

That the Local Government Act 1995 be amended to require Local Governments to

resource the participation of Councillors in professional development.12

Action 29 recommends encouraging Elected Members to undertake four core units, similar

to the four core units that are now compulsory for newly elected Councillors in South

Australia, as discussed in Section 1.2.4.

Action 29

That Councillors be encouraged to undertake the following four core units for

professional development in the Councillor’s first term:

• Legal responsibilities

• Finance 10

NSW Office of Local Government. 2014. Fit for the Future: NSW Government Response – Independent Local Government Review Panel Recommendations; Local Government Acts Taskforce Recommendations: p10 11

NSW Independent Local Government Review Panel. 2013: p68 12

WALGA. 2008. The Journey: Sustainability into the Future: p61

www.walga.asn.au 14

• Corporate Governance / Ethics

• Sustainable Asset Management or Land Use Planning, with the selection

dependent on the extent to which asset management is a core function of the

Local Government concerned.13

13

WALGA. 2008: p61

www.walga.asn.au 15

2. Elected Member Training

To assist with the exploration of policy options to increase participation in Elected Member

training, which are explored in Section Three, this section outlines existing Elected Member

training offerings.

Section 2.1 outlines the existing Elected Member training framework and categorises training

into three tiers:

1. Introductory training;

2. Foundation training; and,

3. Advanced training.

Section 2.2 describes a number of important initiatives that ensure that training is as

accessible to as many Elected Members as possible. This is particularly important to ensure

the widespread applicability of the policy options explored in Section Three in the context of

a state as geographically and culturally diverse as Western Australia.

Section 2.3 discusses Council induction programs, which are important for newly elected

Elected Members but are considered complementary to the formal Elected Member training

framework explored below.

2.1 Elected Member Training Framework

This section outlines the existing training framework for Local Government Elected

Members. The training discussed is, where relevant, based on the nationally recognised

Local Government Training Package and is able to be offered by other Registered Training

Organisations.

To assist with analysis and the exploration of policy options for increasing Elected Member

participation in training, this paper discusses three tiers of training, and makes reference to

the corresponding WALGA offering.

Table 1: Tiers of Training and Corresponding WALGA Offering

Type Purpose WALGA Offering

1. Introductory To understand the role of Local

Government.

Fundamentals – Understanding

Local Government

2. Foundation To address the introductory skills

required to operate effectively in

Local Government environment.

Elected Member Skill Set –

nationally recognised

3. Advanced Further enhancement of the skills

required of Elected Members.

Diploma of Local Government

(Elected Member) – nationally

recognised

WALGA’s training offerings provide a pathway for Elected Members to progress from

introductory training through to the Diploma of Local Government (Elected Member).

www.walga.asn.au 16

WALGA’s Elected Member Learning and Development Pathway is represented by the

following diagram.

Further explanation of the training listed above is explored below before Section Three of

this paper explores policy options for increasing Elected Member participation in training.

2.1.1 Introductory Training

Introductory training is designed to provide a basic level of understanding about the role,

function and constitution of Local Government.

As per Section 1.3.5, the New South Wales Independent Local Government Review Panel

recommended that candidates be required to attend an information session about the role of

Councillors and Mayors. This is a policy option worthy of exploration and is discussed in

Section 3.4 of this paper. WALGA’s introductory training course – Understanding Local

Government – is discussed below.

Understanding Local Government

WALGA offers an online introductory course – Understanding Local Government – that can

be undertaken in approximately two hours. The course provides an overview of the roles and

responsibilities of Elected Members, the Local Government environment and protocols and

procedures.

It may be appropriate for the Department of Local Government and Communities to provide

this type of training should it become mandatory or incentivised for candidates or newly

elected Elected Members.

www.walga.asn.au 17

2.1.2 Foundation Training

To assist with the exploration of policy options in Section Three of this paper, the second tier

of training has been categorised as “Foundation Training” and is best represented by the

nationally accredited Elected Member Skill Set. The Elected Member Skill Set is similar to

the training required to be undertaken by newly elected Councillors in South Australia as

detailed in Section 1.3.4.

Elected Member Skill Set

The Elected Member Skill Set contains three units of competency that form the nationally

recognised Elected Member training program contained within the LGA04 Local Government

Training Package.

The three units of competency are:

• LGAGEN501A – Undertake councillor roles and responsibilities

• LGAGENE503 – Perform the role of an elected member

• LGAGENE302A – Contribute to effective decision making

These three units of competency are targeted at newly elected Elected Members, but are

also relevant for serving Elected Members seeking to refresh their knowledge and

understanding of their role within Local Government.

As these units of competency are nationally recognised, they are able to be offered by a

range of Registered Training Organisations.

WALGA offers two courses that meet the requirements of the nationally recognised Elected

Member Skill Set.

Table 2: WALGA’s Elected Member Skill Set

Course Title Duration Relationship to Competency

Standards

Serving on Council 1 day or 3 hours online LGAGENE501A

LGAGENE503

Decision Making at a

Governing Board Level

1 day or 3 hours online LGAGENE302A

The Department of Local Government and Communities has developed a position

description for an Elected Member, which outlines the responsibilities and skills required for

the role. To highlight the usefulness and applicability of the Elected Member Skill Set, the

three units of competency are mapped against the Elected Member position description in

Appendix 1. The charts map the skills, knowledge, accountabilities, standards and values

from the position description against the performance, skills and knowledge delivered and

assessed in the three units of the Elected Member Skill Set.

www.walga.asn.au 18

The successful completion of this skill set provides a pathway for Elected Members into the

Elected Member stream of the Diploma of Local Government. It is important for the Local

Government sector to support the Elected Member Skill Set as nationally accredited Local

Government specific training.

2.1.3 Advanced Training

To assist with the exploration of policy options in Section Three of this paper, the third tier of

training has been categorised as “Advanced Training”, which aims to further build the skills

of Elected Members to successfully undertake their role. Examples of advanced training

could include the nationally recognised Diploma of Local Government (Elected Member) or

the Company Directors Course offered by the Australian Institute of Company Directors

(AICD).

Diploma of Local Government (Elected Member)

The Diploma of Local Government (Elected Members) is nationally accredited training and

can therefore be offered by other Registered Training Organisations (RTO). WALGA offers

its Diploma of Local Government (Elected Member) course in a 10-day format and the first

two units comprise the Elected Member Skill Set, discussed in Section 2.1.2 above.

The content of WALGA’s Diploma of Local Government (Elected Member) course and the

relationship of each unit to the competency standards are detailed in the table below.

Table 3: WALGA’s Diploma of Local Government (Elected Member)

Course Title Duration Relationship to Competency

Standards

Serving on Council 1 day LGAGENE501A

LGAGENE503

Decision Making at a Governing

Board Level

1 day LGAGENE302A

Meeting Procedures and Debating 1 day LGAGENE304A

Effective Community Leadership 1 day LGAGENE502A

Strategy and Risk Management 1 day BSBMGT616A

Policy Development 1 day LGADMIN527A

Land Use Planning 1 day DLGLUP501A

Sustainable Asset Management 1 day DLGSAM501A

CEO Performance Appraisals 1 day BSBMGT502B

Manage Conflict 1 day BSBATSIL503C

Participants in the Diploma are assessed and receive a nationally recognised qualification

upon completion of the course requirements. To date, 18 Elected Members have completed

the Diploma and nine are currently enrolled.

www.walga.asn.au 19

Company Directors Course

When discussing further professional development for Elected Members, a number of

stakeholders including the Minister for Local Government, have proposed the Company

Directors Course, offered by the Australian Institute of Company Directors, as a potential

option that could be incentivised or mandated. The Company Directors Course, while not

Local Government specific, focuses on the duties and responsibilities of a director. The

Company Directors Course contains 10 modules, each of which is half a day in duration.

Table 4: Company Directors Course Content

Module 1 The role of the Board and the Practice of Directorship

Module 2 Decision Making

Module 3 The Director’s Duties and Responsibilities

Module 4 The Board’s Legal Environment

Module 5 Risk: Issues for Boards

Module 6 Strategy: The Board’s Role

Module 7 Financial Literacy for Directors

Module 8 Driving Financial Performance

Module 9 Achieving Board Effectiveness

Module 10 Learning into Practice

Participants are assessed upon completion of the modules, and must pass a test and submit

an essay to a required standard to successfully complete the course. As it is not designed

for Elected Members, the Company Directors Course is seen as complementary to Local

Government specific training.

2.2 Accessibility of Training

To ensure that training is as accessible as possible, and to ensure that the policy options

explored in Section Three are broadly applicable, the following key accessibility issues are

discussed:

1. Recognition of Prior Learning;

2. Reasonable Adjustments; and,

3. Modes of Delivery.

It is particularly important that training is widely accessible given the widespread diversity of

Western Australian Local Governments in terms of geography, remoteness, culture,

language and capacity.

2.2.1 Recognition of Prior Learning

Registered Training Organisations, including WALGA, offer Recognition of Prior Learning

(RPL) as a legitimate assessment pathway for Elected Members that have extensive

experience in their role. Recognition of Prior Learning enables Elected Members to

demonstrate competence from prior experience and learning. The process involves a self-

assessment and consideration of additional supporting evidence specified for each individual

Elected Member and their particular needs.

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2.2.2 Reasonable Adjustments

For assessment purposes, ‘reasonable adjustments’ should be made, where possible, to

support an individual student’s learning needs. This may be applicable to Elected Members

who live in a remote location, have difficulty with reading, writing or numeracy or with

particular cultural or religious needs.

The reasonable adjustment process enables assessments to be adjusted to meet the needs

and characteristics of the Elected Members being assessed, taking into account any equity

requirements.

Providing a framework for adjusting assessments ensures that training is widely accessible

and that policy options in Section Three are able to be broadly applied.

2.2.3 Modes of Delivery

To further ensure training is widely accessible, WALGA and other training organisations

deliver training in a range of formats. Training can be offered in person in a central or

regional location, or it can be provided at a particular Local Government.

Many courses are also offered online through Electronic Learning (eLearning) platforms,

which can enable access to participants anywhere in the world using contemporary

technologies. This is particularly important in Western Australia given the remoteness of

some Local Governments.

2.3 Local Government Induction Programs

Local Governments typically deliver an induction program for newly elected Elected

Members to introduce them to their new role. As Council induction programs are the

responsibility of each Local Government, they often vary in the depth and breadth of their

content. While important in assisting new Elected Members to understand their role and

responsibilities, Council induction programs are considered to be complementary to the

formal training programs described in Section 2.1.

The Department of Local Government and Communities has published an Elected Member

Induction Guideline, which lists a range of topics that an induction program should aim to

address including practical, legislative, operational, and other matters.14

Some Local Governments deliver a structured and thorough induction program staged over

a number of days, which can include mock Council meetings and presentations from guest

speakers representing key stakeholders such as WALGA and the Department of Local

Government and Communities. Other Local Governments take a less formal approach,

providing only basic information and allowing Elected Members to learn from experience

during the early part of their first term.

14

Available from: http://publications.dlg.wa.gov.au/DLGC_LG_Operational-Guideline_4.pdf

www.walga.asn.au 21

To enhance the knowledge and professionalism of Councils, structured and thorough

induction programs delivered universally across the Local Government sector would be

beneficial and there may be a role for WALGA in promoting a best practice induction

program outline. The delivery of best practice Council induction programs, while not a

replacement for formal Elected Member training and professional development, is a policy

option that is explored in Section 3.2.

www.walga.asn.au 22

3. Policy Options

This section explores policy options to increase Elected Member participation in training with

reference to the existing Elected Member training framework outlined in Section Two of this

paper.

The discussion regarding increasing Elected Member participation in training occurs in the

context of policy discussions in Western Australia and other Australian states, as outlined in

Section 1.3.

A range of possible options are discussed below:

1. Enhance desirability of training offerings;






The six options listed above seek to increase the participation of Elected Members in

training, which is presumed, for the purposes of this discussion, to be a desirable policy goal.

Increased participation in training is believed to increase the capacity and capability of

Elected Members and therefore Councils in Western Australia.

The options explored below are not exhaustive, nor mutually exclusive, and feedback from

Local Governments relating to a combined or amended policy framework is welcome.

3.1 Enhance Desirability of Training Offerings

The first policy option to be explored in attempting to increase Elected Member training

participation is for stakeholders to ensure training is offered in desirable locations and

formats. This option would not require significant policy or legislative change.

There is evidence that policy interventions of this nature are having an impact, as

demonstrated by Elected Member participation in Royalties for Regions subsidised training

held in a range of non-metropolitan locations since 2013. In 2014-15, 308 Elected Members

participated in training provided by the program in eight different WALGA Zones. As

discussed in Section 1.2, participants in this training found it to be extremely valuable in

terms of their personal learning objectives.

A key benefit of pursuing this option is that it would require minimal change to legislation or

the Elected Member remuneration framework.

The main disadvantage of this approach is that some Elected Members may not seek further

training or skill development under a strictly voluntary framework no matter the training

offered. Secondly, the training program discussed above relies on funding from the Royalties

for Regions program, and such funding may not be consistently forthcoming. Further, given

www.walga.asn.au 23

recent calls from the Minister for Local Government to incentivise or mandate training in

Western Australia, coupled with the trend in this direction evident in other states, pursuing

this option may not be satisfactory to the Minister and therefore there would be a risk of

further Government intervention.

3.2 Best Practice Induction Programs

Another policy option that may not require significant legislative or policy change is for Local

Governments to adopt and deliver a best practice Council induction program for newly

elected Elected Members.

While Council induction programs should be seen as complementary to formal training

programs, they often provide the first point of learning about the role for newly elected

Elected Members.

The adoption and delivery of a best practice induction program could either be voluntary or

through legislative change requiring Local Governments to provide an induction program to a

particular standard. There may be a role for WALGA in the development and publication of a

best practice induction guide.

The main advantage of this policy option is that it would be relatively straightforward to

implement, particularly if it was not a legislative requirement.

There are a number of disadvantages of this approach. Firstly, an induction program is not a

replacement for the formal Elected Member training outlined in Section 2.1. Secondly, if

induction programs are delivered by individual Local Governments there is likely to be a

significant variance in the content and depth of induction programs across the state. Finally,

adoption of this policy option in isolation risks future Government intervention as it may not

be considered a sufficient policy response by the State Government.

3.3 Require Councils to Adopt a Training Policy

Another policy option that has been considered previously in Western Australia and other

states of Australia is for Councils to be required to adopt a training policy.

As discussed in Section 1.3.6, the Final Report of the Systemic Sustainability Study

recommended that Councils be required to allocate funds to Elected Member training or

professional development.

Councils in South Australia have been required to adopt a training and development policy

for Elected Members for many years (see Section 1.3.4) and a similar policy approach was

considered by the New South Wales Independent Local Government Review Panel.

An option for Western Australia could be for the Local Government Act 1995 to be amended

to require Councils to adopt a training policy similar to the policy framework in South

Australia. The training policy would outline the training that Elected Members should aim to

www.walga.asn.au 24

complete upon their election and during their first and subsequent terms. It could be a

requirement that the training and development policy is reviewed and updated following

every biennial election.

This approach would ensure that Elected Members have access to suitable training and skill

development, and would ensure that each Council continuously reviews and documents their

training and development needs.

Implemented in isolation, this policy approach may not achieve the desired outcomes and

would risk further Government legislative or policy intervention. Further, requiring Councils to

adopt a training and development policy would add a compliance requirement to the Local

Government sector.

3.4 Requirements for Candidacy

Another policy option is for candidates to be required to attend an introductory training

session or an information session prior to their nomination for Council being accepted. This

was put forward recently by the New South Wales Independent Local Government Review

Panel, as detailed in Section 1.3.5.

Proponents of this approach want to ensure that candidates have an awareness of the role

and responsibilities of an Elected Member prior to their nomination for election to Council.

This approach may even dissuade some ‘single issue’ candidates from nominating once

they have an understanding of the Local Government legislative framework, particularly in

relation to conflicts of interest.

In advance of the upcoming 2015 Local Government elections, WALGA is developing a

webinar that will be able to be accessed by candidates seeking to gain an understanding of

Local Government. Further, WALGA and the Department of Local Government and

Communities often speak at candidate information sessions hosted by Local Governments

seeking to inform prospective candidates about the role of an Elected Member.

The typical argument against compelling candidates to attend an information session is that

such an approach may create a barrier to nominating for some candidates, thereby reducing

the potential pool of candidates and undermining the democratic process. Further, ensuring

access for all candidates to the training or information session could be a significant practical

challenge in Western Australia, notwithstanding the increasing ubiquity of online resources

and internet access.

WALGA’s introductory training offering, as outlined in Section 2.1.1, is Understanding Local

Government, which can be completed in two hours online, and could be applied to a regime

requiring candidates to undertake specified training prior to acceptance of their nomination

for election.

www.walga.asn.au 25

If legislation were to be changed to require potential candidates to attend a training or

information session, or complete an online module, it may be considered more appropriate

for the material to be provided by the Department of Local Government and Communities.

3.5 Incentivisation of Training

A more nuanced policy approach, being explored in a number of jurisdictions and suggested

by the Minister for Local Government (see Section 1.3.1), would be for Elected Members to

be incentivised to undertake training through the remuneration framework.

3.5.1 Elected Member Remuneration Framework

Elected Members are remunerated in one of two ways in Western Australia: a meeting

attendance fee for each Council, Committee or prescribed meeting attended, or an annual

allowance in lieu of meeting fees.

Further, the Mayor or President is entitled to an additional annual allowance that takes into

account the additional responsibilities of their role. The Deputy Mayor or Deputy President is

entitled to receive 25 percent of the Mayor or President’s annual allowance. Logically, it

would make sense that a framework seeking to incentivise greater Elected Member

participation in training would focus on payments made to all Elected Members, not on

payments made to the Mayor, President, Deputy Mayor or Deputy President. Therefore, only

the payments for meeting attendance, made on a per-meeting basis or an annual basis, will

be discussed in this paper.

The Salaries and Allowances Tribunal categorises Local Governments into four bands based

on their relative size in terms of population, operating revenue and other factors, and

publishes a range that Local Governments can pay within their attributed band.

The following table applies to Local Governments that choose to pay an annual attendance

fee in lieu of Council meeting, Committee meeting and prescribed meeting attendance fees.

Table 5: Elected Member Annual Attendance Fees

For a Council member other than the

Mayor or President

For a Council member who holds

the office of Mayor or President

Band Minimum Maximum Minimum Maximum

1 $24,000 $30,900 $24,000 $46,350

2 $14,500 $22,660 $14,500 $30,385

3 $7,500 $15,965 $7,500 $24,720

4 $3,500 $9,270 $3,500 $19,055

The following tables outline the meeting fees payable to Elected Members where the Local

Government elects to pay on a per-meeting basis.

www.walga.asn.au 26

Table 6: Council Meeting Fees per Meeting

For a Council member other than the

Mayor or President

For a Council member who holds

the office of Mayor or President

Band Minimum Maximum Minimum Maximum

1 $600 $773 $600 $1,159

2 $363 $567 $363 $760

3 $188 $400 $188 $618

4 $88 $232 $88 $477

Where a Local Government pays on a per-meeting basis, Elected Members are also entitled

to meeting fees for attendance at Committee meetings and Prescribed meetings.

Table 7: Committee Meeting and Prescribed Meeting Fees per Meeting

For a Council Member (including the Mayor or President)

Band Minimum Maximum

1 $300 $386

2 $181 $283

3 $94 $200

4 $44 $116

3.5.2 Incentivisation Policy Options

There are a range of options that could be applied to the Elected Member remuneration

framework to incentivise greater participation in training, some of which may require

legislative change.

One option would be for Elected Members to be paid an annual ‘training allowance’ if they

have met specified training standards. For example, an Elected Member could receive a

specified amount on top of their other allowances for completing the Elected Member Skill

Set or equivalent. Then, an additional allowance could be paid for Elected Members who

have completed advanced training, such as the Local Government (Elected Member)

Diploma or the Company Directors Course.

A second option would be for Elected Members to get a percentage bonus of their meeting

fee or annual allowance for completing specified training. Again, this could be tiered with

Elected Members who have completed the Elected Member Skill Set or equivalent eligible

for a percentage bonus and Elected Members who have completed advanced training, such

as the Diploma of Local Government (Elected Member) or the Company Directors Course,

eligible for a greater percentage bonus.

A key benefit of the incentivisation approach is that providing a monetary incentive is more

likely to successfully increase participation in training than some of the other options

discussed above without the need to mandate participation in training. Further, linking

training participation with the Elected Member remuneration framework would explicitly

www.walga.asn.au 27

recognise the additional capacity and capability that Elected Members who have undertaken

training will bring to their role as an Elected Member.

A major disadvantage of this approach would be the complexity that would potentially be

added to the remuneration framework. This would also add to the compliance requirements

for Local Governments to ensure that each Elected Member is remunerated appropriately.

Further, consideration regarding smaller Local Governments’ ability to pay increased

remuneration should be considered.

3.6 Mandatory Training

The final policy approach to be explored is the mandating of training for Elected Members.

There are options regarding the type of training that could be mandated and the

consequences for non-completion. It is suggested that only foundation training (see Section

2.1.2) would be suitable for a mandatory training regime, as is the case in South Australia

(see Section 1.2.4), because advanced training, discussed in Section 2.1.3, would be too

onerous for a mandatory regime at this stage.

3.6.1 Mandatory Foundation Training

One policy option would be for completion of foundation training, typified by the Elected

Member Skill Set, to be a requirement for newly elected Elected Members within a given

timeframe. This is similar to the South Australian regime (see Section 1.3.4) and was

recommended in the Systemic Sustainability Study report (see Section 1.3.6) and in the

NSW Independent Local Government Review Panel Report (see Section 1.3.5).

In pursuing this policy option, consideration is necessary regarding the timeframe within

which newly elected Elected Members would be required to complete their training.

Further, consequences for non-completion would also need to be determined. One option

would be for an Elected Member’s position to be declared vacant at the next available

election if they did not complete the training within the required timeframe. Another option

would be for allowances and sitting fees to be withheld until the required training has been

completed.

Another policy option would be to apply the mandatory training to all Elected Members, not

only newly elected Elected Members. Such a policy framework may require completion of a

proficiency test or demonstration of prior learning by existing Elected Members to be

exempted from completion of the training.

The benefit of mandatory foundation training would be that participation rates would be

expected to be very high, and would, if implemented appropriately, provide most newly

elected Elected Members with a reasonable level of knowledge soon after commencing their

role.

There are advantages and disadvantages associated with a mandatory training regime. In

particular, Local Governments would have to resource the provision of training and ensure

www.walga.asn.au 28

compliance with the mandatory training regime and this could present a fiscal challenge for

some Local Governments. Further, mandatory training could be a barrier that prevents some

people from nominating for election to Council, which could represent an impediment to

democracy. It is also argued that, since elected officials in other spheres of government are

not subject to a mandatory training regime, training for Local Government Elected Members

should not be mandatory. While it is true that training is not mandatory for politicians in State

or Federal Parliament, it could be countered that parliamentarians are not often ‘executive’ –

i.e. ‘Cabinet’ – decision-makers on day one as is the case for Local Government Elected

Members.

www.walga.asn.au 29

4. Conclusion

This paper has sought to explore policy options for increasing Elected Member participation

in training in the context of increasing calls in Western Australia, and other jurisdictions, for

Elected Member training to be mandated or incentivised through the remuneration

framework.

Utilising the existing training framework, and in the context of calls for Elected Member

participation in training to be increased, six policy options have been explored:

1. Enhance desirability of training offerings;






The advantages and disadvantages of each of the six policy options explored in Section

Three are summarised in the table below.

Table 8: Advantages and Disadvantages of Policy Options

Advantages Disadvantages

Enhance desirability

of training offerings

No legislative change. May not achieve desired results –

some Elected Members may not

pursue training.

Funding for subsidised training may

not be forthcoming.

Risk of further Government

intervention.

Local Governments to adopt and deliver best practice induction program

Potentially no legislative change. Straightforward implementation.

Not a replacement for formal training. Potential variance in standard if Local Government delivered. Risk of further Government intervention without other policy changes.

Require Councils to

adopt a training

policy

Ensures Councils review, document

and resource training.

May not achieve desired results.

Compliance requirement for Local

Government.

Risk of further Government

intervention.

Require candidates

to attend information

session

Ensures candidates have knowledge

of the role and responsibilities of

being an Elected Member.

Could be a barrier to nomination.

Practical challenges for some

candidates to access material.

Incentivised training Monetary incentive expected to raise

participation rates.

Link between capability and reward.

Added complexity to remuneration

framework.

Potential compliance requirement.

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Mandatory training Expected to raise participation rates.

Would be expected to increase

overall Elected Member knowledge.

Compliance requirement for Local

Governments.

Could be a barrier to nomination.

Not consistent with other spheres of

government.

The six policy options explored in this paper are not exhaustive, nor mutually exclusive. In

practice, a combination of some of the policy options explored above may be the most

suitable framework. Further, there may be other policy options that have not been

countenanced by this paper.

The aim of this paper has been to seek feedback and stimulate discussion in the Local

Government sector about potential policy options to increase Elected Member participation

in training. Accordingly, the policy options have been explored openly and feedback is

sought on the how they could be applied in practice. Furthermore, no figures were used

regarding annual training bonus payments, or timeframes in which training must be

completed. Feedback from the sector is also sought in relation to these types of practical

issues.

4.1 Process for Feedback

This paper represents an opportunity for the Local Government sector to proactively shape

the debate in relation to increased Elected Member participation in training prior to

Government policy or legislative change.

Local Governments are invited to provide feedback on any and all of the policy options

explored in this paper, and any other relevant matter, including their preferred policy

framework by Friday, 13 November 2015.

While the submission of general comments is welcome, the following questions have been

prepared to assist in eliciting comparable information from Local Governments.

1. Best Practice Induction Programs – does Council support Local Governments

adopting and delivering a structured and thorough Council induction program?

a. If so, should legislation be changed for this to be a requirement, or should it

remain voluntary?

2. Training and Development Policy – does Council support legislative amendments

to require all Councils to review and adopt an Elected Member Training and

Development Policy following every biennial election?

3. Candidate Requirements – does Council support legislative amendment to require

candidates to attend an information session or complete an equivalent online

information session prior to nominating for election?

www.walga.asn.au 31

4. Incentivised Training – does Council support legislative amendments to enable

Elected Members to be paid additional allowances commensurate with the level of

training undertaken?

a. If so, how should the fees and allowances framework be structured? I.e.

should Elected Members be paid a specified annual amount, a percentage

bonus or using some other method?

5. Mandatory Training – does Council support legislative amendment to require

Elected Members to be required to undertake foundation training (such as the

Elected Member Skill Set or equivalent)?

a. Should mandatory training be applied to all Elected Members or only to newly

elected Elected Members?

b. For newly elected Elected Members, what is the appropriate timeframe within

which training should be completed?

c. What is the appropriate penalty for non-completion of the required training?

Please provide feedback, including general comments as well as answers to the questions

above, by Friday, 13 November 2015 to:

Tim Lane

Manager, Strategy and Reform

[email protected]

+61 8 9213 2029

Following feedback from the sector, an item will be prepared for future Zone and State

Council consideration. Outcomes from the State Council meeting will then be put forward as

a formal Local Government sector policy position to the Minister for Local Government, the

Department of Local Government and Communities or the Salaries and Allowances Tribunal

as appropriate.

www.walga.asn.au 32

Appendix 1 – Councillor Position Description

Mapped to Skill Set Unit Requirements

Requirements of the Elected Member Position

Description (vertical axis) mapped against the unit of

competency (horizontal axis)

De

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Page 30

14.2 CORPORATE AND GOVERNANCE

14.2.1 LIST OF PAYMENTS 1-30 SEPTEMBER 2015

File Ref: FIM00062 Attachments: Schedule of Payments September 2015 Responsible Officer: Les Crichton

Executive Manager Corporate and Governance Author: Edwin Kwan

Finance Officer Proposed Meeting Date: 20 October 2015

Purpose For Council to note the payments made in September 2015.

Background Council has delegated to the CEO the exercise of its power to make payments from the Municipal Fund or Trust Fund. The CEO is then required to prepare a list of accounts, for recording in the Minutes, detailing those payments made since the last list was presented.

Discussion Attached is the list of all accounts paid totalling $2,097,841.48 during the month of September 2015.

The attached schedule covers:

• Municipal Funds electronic funds transfers (EFT) $ 1,547,339.91 • Municipal Fund vouchers (39390-39407) $ 62,302.50 • Municipal Fund direct debits $ 436,810.37 • Trust Fund electronic funds transfer (EFT) $ 51,388.70 • Trust Fund vouchers $ 0.00 All invoices have been verified, and all payments have been duly authorised in accordance with Council’s procedures.

Past Resolutions Ordinary Council Meeting 15 September 2015, Resolution 163/15: THAT Council notes all payments made for August 2015 totalling $1,453,435.31 comprising; The attached schedule covers: • Municipal Funds electronic funds transfers (EFT) $ 936,511.99 • Municipal Fund vouchers (39376-39389) $ 9,343.46 • Municipal Fund direct debits $ 427,430.47 • Trust Fund electronic funds transfer (EFT) $ 80,149.39 • Trust Fund vouchers $ 0.00


Page 31

Financial and Staff Implication Resource requirements are in accordance with existing budgetary allocation.

Policy and Statutory Implications Regulations 12- 13 of the Local Government (Financial Management) Regulations 1996. Town of Claremont Delegation Register Item 37.

Publicity N/A

Urgency N/A

Voting Requirements Simple majority decision. OFFICER RECOMENDATION: THAT Council NOTES all payments made for September 2015 totalling $2,097,841.48 comprising; Municipal Funds electronic funds transfers (EFT) $ 1,547,339.91 Municipal Fund vouchers (39390-39407) $ 62,302.50 Municipal Fund direct debits $ 436,810.37 Trust Fund electronic funds transfer (EFT) $ 51,388.70 Trust Fund vouchers $ 0.00

CORPORATE

LIST OF PAYMENTS 1-30 SEPTEMBER 2015

SCHEDULE OF PAYMENTS 1-30 SEPTEMBER 2015

20 OCTOBER 2015

ATTACHMENT 1


Page 1

ELECTRONIC FUNDS TRANSFERS SEPTEMBER 2015 - MUNICIPAL FUNDDate Ref. Name Details Amount

24/09/2015 EFT01237 A LORENZ Allowances - Councillors $2,837.3624/09/2015 EFT01237 A TULLOCH Allowances - Councillors $4,866.2524/09/2015 EFT01237 ABORIGINAL URBAN SERVICES INC Welcome to Country - Celebrate Lake Claremont $500.0017/09/2015 EFT01235 ADVANCE PRESS Vinyl Banner - Celebrate Lake Claremont $187.0024/09/2015 EFT01237 ADVANCE PRESS Vinyl banner - ToC Art Award $159.5024/09/2015 EFT01237 ALEXANDER TURNER Alex Turner - Celebrate Lake Claremont $200.0024/09/2015 EFT01237 ALL FENCE U RENT Fence Hire - SMH September 2015 $295.6310/09/2015 EFT01232 ALLAN AUSTIN Pre-employment NPC $61.8024/09/2015 EFT01237 ALLMARK & ASSOCIATES PTY LTD Stickers for Rowe Park Tennis court sign $49.5010/09/2015 EFT01232 ALLSTAMPS Stationery- building stamp $78.1024/09/2015 EFT01237 AMANDA SPALDING Refund BCITF fees paid in error $40.0024/09/2015 EFT01237 AMCOM PTY LTD Internet Oct 2015 $8,632.31

7/09/2015 EFT01228 AMP LIFE LIMITED Superannuation August 2015 $666.333/09/2015 EFT01226 ANDREW GOTT Professional golf sales $325.00

10/09/2015 EFT01232 ANDREW GOTT Professional golf sales $293.5017/09/2015 EFT01235 ANDREW GOTT Professional golf sales $1,273.0024/09/2015 EFT01237 ANIMAL ARK Animal Ark Roadshow Celebrate Lake Claremont $1,210.00

3/09/2015 EFT01226 ARBORLOGIC Tree assessment - near cresswell park $278.3024/09/2015 EFT01237 ARBORLOGIC Consultants report on 2 flame trees $506.0010/09/2015 EFT01232 ARMAGUARD Bank Charges - Aquatic Centre $658.0617/09/2015 EFT01235 ARTREF PTY LTD Plotter paper - Infrastructure $250.0010/09/2015 EFT01232 ASHTON AVENUE MEDICAL CENTRE Pre-employment medical $286.0017/09/2015 EFT01235 ASHTON AVENUE MEDICAL CENTRE Pre-employment medical $286.0024/09/2015 EFT01237 ASHTON AVENUE MEDICAL CENTRE Pre-employment medical $143.00

3/09/2015 EFT01226 AUSTRALIAN TAXATION OFFICE PAYG August 2015 $44,386.0017/09/2015 EFT01235 AUSTRALIAN TAXATION OFFICE PAYG September 2015 $45,732.0024/09/2015 EFT01237 AUSTRAL MERCANTILE COLLECTIONS P/L Legal costs associated with debt recovery $1,274.2824/09/2015 EFT01237 AUSTRALIA POST - 623462 Postage - August 2015 $793.9324/09/2015 EFT01237 AUSTRALIA POST - 673027 Postage - August 2015 $746.6210/09/2015 EFT01232 AUSTRALIAN SAFETY ENGINEERS (WA) Service B/A units - Aquatic Centre $439.91

7/09/2015 EFT01228 AUSTRALIAN SUPER Superannuation August 2015 $3,012.0910/09/2015 EFT01232 AUTO MASTERS COTTESLOE Service vehicle 1EKU192 $460.0017/09/2015 EFT01235 AUTO MASTERS COTTESLOE Serivce vehicle 1EJN832 $410.0010/09/2015 EFT01232 B & B WASTE CONTRACTORS PTY LTD Removal of bulk rubbish $22,770.0024/09/2015 EFT01237 B HAYNES Allowances - Mayor & Deputy Mayor $7,119.3817/09/2015 EFT01235 BEAVER TREE SERVICES Tree works $990.0010/09/2015 EFT01232 BEN AND SALLY RYAN Refund BCITF fees paid in error $40.0024/09/2015 EFT01237 BOX CORPORATE Milk order- August 2015 $242.2010/09/2015 EFT01232 BOYAN ELECTRICAL SERVICES Various repairs and maintainence works $964.7017/09/2015 EFT01235 BOYAN ELECTRICAL SERVICES Various repairs and maintainence works $12,673.1024/09/2015 EFT01237 BOYAN ELECTRICAL SERVICES Various repairs and maintainence works $1,641.2010/09/2015 EFT01232 BRIONY STEWART CBW presenters $880.0010/09/2015 EFT01232 BUNNINGS Tools and Equipment $245.0917/09/2015 EFT01235 BUNNINGS Tools and Equipment $45.9624/09/2015 EFT01237 BUNNINGS Tools and Equipment $1,032.6624/09/2015 EFT01237 C MEWS Allowances - Councillors $4,866.2510/09/2015 EFT01232 CAPTAIN FRANKS PTY LTD Rate Refunds - Overpaid twice in error $94,495.4610/09/2015 EFT01232 CATHERINE HALSALL Pre-employment NPC $61.8017/09/2015 EFT01235 CITY OF NEDLANDS WESROC luncheon 10/7/15 $69.50

3/09/2015 EFT01226 CITY OF SUBIACO Refund for lost item "The Valley of Amazement" $23.103/09/2015 EFT01226 CLEAN CITY GROUP PTY LTD Various maintainence and signage works $1,969.00

10/09/2015 EFT01232 CLEAN CITY GROUP PTY LTD Various maintainence and signage works $3,058.0024/09/2015 EFT01237 CLEAN CITY GROUP PTY LTD Various maintainence and signage works $4,524.3010/09/2015 EFT01232 CLYNE PETROLEUM SERVICES 50% Crossover replacement works $1,400.0010/09/2015 EFT01232 COASTAL SPEECH & LANGUAGE PATHOLOGY INC Activity - How to read to your child $264.0011/09/2015 EFT01234 COFFS HARBOUR CITY COUNCIL LG conference $1,023.0017/09/2015 EFT01235 COLIN & LEE AINSWORTH Reimbursement - Golf Course $358.4017/09/2015 EFT01235 COMMERCIAL AQUATICS AUSTRALIA Inspect Gas Chlorine system fault - Aquatic Centre $140.2524/09/2015 EFT01237 COMMERCIAL AQUATICS AUSTRALIA Replace faulty chlorine probe - Aquatic Centre $1,190.2010/09/2015 EFT01232 COMPU-STOR External Records Storage $1,475.3610/09/2015 EFT01232 CORNERSTONE RENOVATIONS Library Building Maintenance $264.0024/09/2015 EFT01237 COTTESLOE PEST CONTROL Pest Control $198.0024/09/2015 EFT01237 CROSSLAND & HARDY PTY LTD Lot 15 Obtain copies of documents from Landgate $180.6217/09/2015 EFT01235 CSP INDUSTRIES PTY LTD Replace faulty high pressure cleaner $1,580.0011/09/2015 EFT01234 D J REYNOLDS Rate Refunds A1493 - Owner paid twice in error $2,343.42

3/09/2015 EFT01226 DE FREITAS & RYAN REAL ESTATE Lease of O'Connor - Museum $2,067.173/09/2015 EFT01226 DEBBIE IZAAC Parking for attending library meeting/exchanges $43.10

17/09/2015 EFT01235 DEPARTMENT OF FIRE AND EMERGENCY SERVICES ESL Levy 1st Qtr Contribution $704,509.2617/09/2015 EFT01235 DEPARTMENT OF TRANSPORT Vehicle owner search fees August 2015 $790.6017/09/2015 EFT01235 DEPARTMENT OF TRANSPORT 25% Electricity consumption - Lot 1 Jetty Road $68.4924/09/2015 EFT01237 DERA SACHA SAUDA AUSTRALIA LTD Lunch items for planting days at Lake for 6 days $291.2010/09/2015 EFT01232 DESIGNER CHRISTMAS Library Activities / Events $825.0010/09/2015 EFT01232 DIELECTRIC SECURITY SYSTEMS Various building security $1,831.5017/09/2015 EFT01235 DIELECTRIC SECURITY SYSTEMS Various building security $2,217.33

3/09/2015 EFT01226 DOCUPRINT (WA) PTY LTD WSAW 3 prints - Museum $136.003/09/2015 EFT01226 DOMUS NURSERY 50 x 130mm pots of Dichondra $253.00

17/09/2015 EFT01235 DOWSING CONCRETE Various road and street works $7,445.79


Page 2

Date Ref. Name Details Amount24/09/2015 EFT01237 DOWSING CONCRETE Various road and street works $15,701.0717/09/2015 EFT01235 DSJ ENTERPRISES Fibreglass flagpole with 'D' ferrule $435.6010/09/2015 EFT01232 DU ELECTRICAL Various electrical works $10,065.0024/09/2015 EFT01237 ECO FAERIES Celebrate Lake Claremont $1,050.00

3/09/2015 EFT01226 ELLIOTTS IRRIGATION PTY LTD Irrigation maintainence $1,043.9010/09/2015 EFT01232 EVOLUTION TRAFFIC CONTROL PTY LTD T/A TRS Various traffic control $1,879.9017/09/2015 EFT01235 EVOLUTION TRAFFIC CONTROL PTY LTD T/A TRS Various traffic control $2,800.0524/09/2015 EFT01237 EVOLUTION TRAFFIC CONTROL PTY LTD T/A TRS Various traffic control $2,363.3517/09/2015 EFT01235 FEAST CAFE Dining- Caph Meeting $120.0024/09/2015 EFT01237 FEAST CAFE Catering for various OCM $3,880.0024/09/2015 EFT01237 FOOD TECHNOLOGY SERVICES FTS - Food Business Risk Assessment August 2015 $2,709.8324/09/2015 EFT01237 FRUIT AT WORK Fruit Order- August 2015 $605.00

7/09/2015 EFT01228 GIORGI SUPERANNUATION FUND Superannuation August 2015 $976.1317/09/2015 EFT01235 GLG GREENLIFE GROUP PTY LTD Grounds maintenance at Golf Course $5,074.3210/09/2015 EFT01232 GRANT HERBERT Reimbursement - Rangers $176.8010/09/2015 EFT01232 GREENWAY ENTERPRISES Street tree watering $636.2024/09/2015 EFT01237 GREG MILLER Joy of Wood - Celebrate Lake Claremont $1,100.0017/09/2015 EFT01235 GREGORY PRYOR Judging Fee- Claremont Art Award $200.0017/09/2015 EFT01235 GYM CARE Service corporate gym equipment $183.1524/09/2015 EFT01237 GYM CARE Service corporate gym equipment $524.57

3/09/2015 EFT01226 HAWAIIAN MANAGEMENT PTY LTD Comms Room Lease $707.433/09/2015 EFT01226 HAYS PERSONNEL SERVICES (AUSTRALIA) PTY LTD Contract Labour EHO $4,667.64

10/09/2015 EFT01232 HAYS PERSONNEL SERVICES (AUSTRALIA) PTY LTD Contract Labour EHO $2,438.7017/09/2015 EFT01235 HAYS PERSONNEL SERVICES (AUSTRALIA) PTY LTD Contract Labour EHO $2,438.7024/09/2015 EFT01237 HAYS PERSONNEL SERVICES (AUSTRALIA) PTY LTD Contract Labour EHO $2,438.7024/09/2015 EFT01237 HIRE SOCIETY Cocktail tables - Art Opening $585.9010/09/2015 EFT01232 HOPE VALLEY NURSERY Supply and delivery of 250 geraniums for Claremont Cres $2,454.3810/09/2015 EFT01232 HORTI-COUTURE GARDEN DESIGNS Museum Herb garden maintenance $225.0010/09/2015 EFT01232 HORTWEST INDUSTRIES Various road and tree works $2,620.8817/09/2015 EFT01235 HORTWEST INDUSTRIES Various road and tree works $4,730.0024/09/2015 EFT01237 HORTWEST INDUSTRIES Streetscape maintenance to Verges $14,190.00

7/09/2015 EFT01228 HOSTPLUS SUPERANNUATION FUND Superannuation August 2015 $2,545.0317/09/2015 EFT01235 IMAGE ALLOY CASES PTY LTD Protective case for sound level meter $484.00

3/09/2015 EFT01226 INSIGHT CALL CENTRE SERVICES Overcall Fees - July 2015 $279.577/09/2015 EFT01228 IVEY SUPERANNUATION FUND Superannuation August 2015 $230.75

24/09/2015 EFT01237 IXOM OPERATIONS PTY LTD Chlorine gas drum fees - Aquatic Centre $174.253/09/2015 EFT01226 J & V CONTRACTORS Various road and street works $2,928.20

10/09/2015 EFT01232 J & V CONTRACTORS Various road and street works $5,302.0024/09/2015 EFT01237 J & V CONTRACTORS Various road and street works $2,217.6010/09/2015 EFT01232 J F CONNOLLY Refund BCITF fees paid in error $160.0024/09/2015 EFT01237 J GOETZE Allowances - Councillors $4,866.2517/09/2015 EFT01235 JAMES FOLEY Activities / Events CBW speaker $880.0010/09/2015 EFT01232 JB HI-FI COMMERCIAL DIVISION Monitors $1,293.6010/09/2015 EFT01232 JIM'S MOWING (NORTH MOSMAN PARK) Mow at various places $275.0017/09/2015 EFT01235 JO DARBYSHIRE Judging Fee- Claremont Art Award $220.0011/09/2015 EFT01234 JT PROFESSIONAL SERVICES WALGA Governance Review Submission $385.0010/09/2015 EFT01232 K & M RADHAKRISHNAN Rate Refunds - Overpaid in error by owner $3,473.5924/09/2015 EFT01237 K WOOD Allowances - Councillors $4,866.2517/09/2015 EFT01235 KERB DOCTOR Cornwall str resheeting prooject, new footpath $6,822.4810/09/2015 EFT01232 KONICA MINOLTA BUSINESS SOLUTIONS Internal Printing $798.0617/09/2015 EFT01235 KONICA MINOLTA BUSINESS SOLUTIONS Internal Printing $18.3824/09/2015 EFT01237 KONICA MINOLTA BUSINESS SOLUTIONS Internal Printing $167.8624/09/2015 EFT01237 KONICA MINOLTA EQUIPMENT FINANCE Copiers leasing Sep 15 $1,832.6110/09/2015 EFT01232 LANDGATE - MIDLAND SLIP annaul fees $2,471.2117/09/2015 EFT01235 LANDGATE - MIDLAND GRV Schedule G2015/15 & 16 $205.1224/09/2015 EFT01237 LANDGATE - MIDLAND Title Searches $814.0810/09/2015 EFT01232 LAWN CULTURE Lawn Works at various locations $1,056.0010/09/2015 EFT01232 LISA SQUIERS Pre-employment NPC $61.80

3/09/2015 EFT01226 LOCAL HEALTH AUTHORITIES ANALYTICA Analytical Expenses 2015-2016 $2,580.0210/09/2015 EFT01232 LOCK, STOCK & FARRELL LOCKSMITH Service rear access gate $124.50

3/09/2015 EFT01226 MAIN ROADS WESTERN AUSTRALIA Leura Ave-Stirling Hwy Signs & lines $15,855.223/09/2015 EFT01226 MARION MCALLISTER Refund - 3 year registration of "Tank" $77.50

17/09/2015 EFT01235 MARK TWEEDIE 1st Prize winner of Art Award $5,000.0024/09/2015 EFT01237 MCLEODS Legal Consultation $2,734.62

3/09/2015 EFT01226 MICHELLE LEONG Pre-employment NPC $61.807/09/2015 EFT01228 MLC MASTERKEY Superannuation August 2015 $751.04

24/09/2015 EFT01237 MONDO DI CARNE PTY LTD Sausages - Celebrate Lake Claremont $177.113/09/2015 EFT01226 NATURAL AREA MANAGEMENT & SERVICES Plants for lakeway replanting $528.00

24/09/2015 EFT01237 NORMAN JORGENSEN Children's Book Week author presentation $968.0010/09/2015 EFT01232 NORTH CITY (1981) PTY LTD New Car for EMCG $34,992.4510/09/2015 EFT01232 OCE CORPORATE CLEANING Cleaning of Various Buildings $11,792.8417/09/2015 EFT01235 OCE CORPORATE CLEANING Cleaning at Golf course building every Wednesday $176.0024/09/2015 EFT01237 OCE CORPORATE CLEANING Cleaning Materials for various places $1,196.4610/09/2015 EFT01232 OPTIMA PRESS PTY LTD Various external printings $1,386.0024/09/2015 EFT01237 OPTIMA PRESS PTY LTD Various external printings $500.5017/09/2015 EFT01235 OVEN SPARKLE Clean BBQ's at various parks $473.0024/09/2015 EFT01237 P BROWNE Allowances - Councillors $4,866.2524/09/2015 EFT01237 P EDWARDS Allowances - Councillors $4,866.25


Page 3

Date Ref. Name Details Amount24/09/2015 EFT01237 P KELLY Allowances - Councillors $4,866.25

3/09/2015 EFT01226 PALM SPRINGS Bottle Water $12.6010/09/2015 EFT01232 PALM SPRINGS Bottle Water $12.6017/09/2015 EFT01235 PALM SPRINGS Bottle Water $6.3024/09/2015 EFT01237 PERTH EXPO Display Screens - School Art Comp $768.5217/09/2015 EFT01235 PERTH IRRIGATION CENTRE Retic materials for works on Strickland St $16.4724/09/2015 EFT01237 PERTH IRRIGATION CENTRE Reticulation parts for verges, incl 15 Shenton Rd $77.6324/09/2015 EFT01237 PERTH STITCHINGS Staff Uniforms - Aquatic Centre $62.7017/09/2015 EFT01235 PERTHWASTE PTY LTD Domestic Waste Collection $58,976.6810/09/2015 EFT01232 PETER BODEKER CONSTRUCTION PTY LTD Anzac Cottage Capital works & repairs at Cimablino $16,397.96

3/09/2015 EFT01226 PHIL JOHNSON PLUMBING AND GAS Various repairs and maintainence works $545.0010/09/2015 EFT01232 PHIL JOHNSON PLUMBING AND GAS Various repairs and maintainence works $363.0017/09/2015 EFT01235 PHIL JOHNSON PLUMBING AND GAS Various repairs and maintainence works $127.0024/09/2015 EFT01237 PHIL JOHNSON PLUMBING AND GAS Various repairs and maintainence works $188.0017/09/2015 EFT01235 PIPELINE IRRIGATION Reticulation replacement $3,399.0024/09/2015 EFT01237 PIPELINE IRRIGATION Retic maintenance at various Park $2,590.5017/09/2015 EFT01235 PLAYCHECK Playground audits & inspections at various parks $3,080.0010/09/2015 EFT01232 PRIESTMAN & SHARP SMASH REPAIR Insurance Excess claim 633469061 $300.0010/09/2015 EFT01232 PROFESSIONAL PC SUPPORT IT Operations AMLIB upgrade $1,526.8810/09/2015 EFT01232 PROFESSIONAL TREE SURGEONS Emergency tree works - falled tree accross path at Lake Claremont $825.0010/09/2015 EFT01232 PROGILITY PTY LTD Global Protect Samsung mobiles - Rangers $3,514.5010/09/2015 EFT01232 PROTEC ASPHALT Various road and kerb works $10,637.0024/09/2015 EFT01237 PROTEC ASPHALT Various road and kerb works $15,334.00

3/09/2015 EFT01226 PUBLIC LIBRARIES AUSTRALIA LTD Memberships - Library $165.003/09/2015 EFT01226 R K ROACH Various survey $528.00

24/09/2015 EFT01237 R K ROACH Stirling Rd St Quentin Islands Set-Out $990.007/09/2015 EFT01228 REST SUPER Superannuation August 2015 $579.583/09/2015 EFT01226 ROAD SIGNS AUSTRALIA Signs - QN29204 $154.00

10/09/2015 EFT01232 ROBERT WALTERS Contract Labour Finance Officer $2,112.0024/09/2015 EFT01237 ROBERT WALTERS Contract Labour Finance Officer $2,112.0024/09/2015 EFT01237 SAMANTHA HUGHES Children's Book Week author $800.0017/09/2015 EFT01235 SARAH TOOHEY Sarah Toohey - Art Award $2,704.0010/09/2015 EFT01232 SCOOP PUBLISHING PTY LTD Advertising in Scoop - 1 of 3 instalments $990.0010/09/2015 EFT01232 SEEK LIMITED Staff Recruitment ad. - various $1,221.0024/09/2015 EFT01237 SIGMA CHEMICALS Aquatic Centre Chemicals - Dry Chlorine $1,058.75

7/09/2015 EFT01228 SL WHITTELL SUPERANNUATION FUND Superannuation August 2015 $2,619.8610/09/2015 EFT01232 STAPLES (CORPORATE EXPRESS) Stationery $383.5317/09/2015 EFT01235 STAPLES (CORPORATE EXPRESS) Stationery $795.6224/09/2015 EFT01237 STAPLES (CORPORATE EXPRESS) Stationery $209.0317/09/2015 EFT01235 STATE LIBRARY OF WESTERN AUSTRALIA Lost and Damaged Replacement Stock $29.7024/09/2015 EFT01237 SUN SOLUTIONS 2 sunscreen roller blinds $1,089.00

3/09/2015 EFT01226 SUSTAINABLE OUTDOORS Park Maintanance Works $363.0010/09/2015 EFT01232 SUSTAINABLE OUTDOORS Park Maintanance Works $3,555.4810/09/2015 EFT01232 SYNERGY Electricity $604.3017/09/2015 EFT01235 SYNERGY Electricity $21,757.1510/09/2015 EFT01232 TASSIE DEVIL LINEMARKING Line Marking at various places $1,188.0010/09/2015 EFT01232 TELFORD INDUSTRIES Service cleaners - Aquatic Centre $2,805.2217/09/2015 EFT01235 THE COOKIE BARREL Purchase cookies - Aquatic Centre $92.1317/09/2015 EFT01235 THE LANE BOOKSHOP Library Acquisitions $120.6210/09/2015 EFT01232 THE ROYAL LIFE SAVING SOCIETY WA INC Advertising & Promotions watch around water $678.00

3/09/2015 EFT01226 THE UNIVERSITY OF WESTERN AUSTRALIA UWA soil amendment project final $2,200.0017/09/2015 EFT01235 TOTAL EDEN PTY LTD Retic maintenance at various places $426.8024/09/2015 EFT01237 TOWN OF COTTESLOE Staff Training- HR $183.7010/09/2015 EFT01232 TURFWORKS WA PTY LTD Weed control at various places $693.0024/09/2015 EFT01237 TURFWORKS WA PTY LTD Mow parks & various verges $3,847.35

7/09/2015 EFT01228 TWU SUPERANNUATION FUND Superannuation August 2015 $481.8717/09/2015 EFT01235 UNITED TILT TRAY SERVICE Removal - Abandoned & Non Perishable Goods $159.50

3/09/2015 EFT01226 WA FIRE PROTECTION Fire equipment tagging at various places $3,301.477/09/2015 EFT01228 WA SUPER Superannuation August 2015 $44,330.43

24/09/2015 EFT01237 WALGA Bushfire Risk & Biodiversafety Management $682.0017/09/2015 EFT01235 WEST COAST PROFILERS PTY LTD Cornwall street profiling $10,747.8610/09/2015 EFT01232 WESTBOOKS Junior Books as selected $1,194.30

3/09/2015 EFT01226 WESTERN METROPOLITAN REGIONAL COUNCIL Domestic Refuse Service $18,816.1010/09/2015 EFT01232 WESTERN METROPOLITAN REGIONAL COUNCIL Domestic Refuse Service $24,189.1917/09/2015 EFT01235 WESTERN METROPOLITAN REGIONAL COUNCIL Domestic Refuse Service $9,987.1124/09/2015 EFT01237 WESTERN METROPOLITAN REGIONAL COUNCIL Domestic Refuse Service $13,865.79

3/09/2015 EFT01226 WESTERN SUBURBS LANDSCAPE & BLDG SUPPLIESScoop of soil for works Stirling Rd/Kott Tce $34.007/09/2015 EFT01228 WILLOX SUPERANNUATION FUND Superannuation August 2015 $202.92

17/09/2015 EFT01235 WOODLANDS DISTRIBUTORS AND AGENCIES PTY LTSupply & install of bin & concrete pad Hatchett Park $2,667.5024/09/2015 EFT01237 WOODLANDS DISTRIBUTORS AND AGENCIES PTY LT10 boxes of EPI singlet bags in rolls $1,064.2517/09/2015 EFT01235 WORK CLOBBER Protective clothing $261.9024/09/2015 EFT01237 WORK CLOBBER Protective clothing $567.0024/09/2015 EFT01237 YIHSIN CHANG Yihsin Chang - Curator Art Award $1,200.00

Total EFT 1,547,339.91Total Number of EFT Transfers 228

CHEQUES ISSUED SEPTEMBER 2015 - MUNICIPAL FUND


Page 4

Date Ref. Name Details AmountDate Ref. Name Details AmountCheque Posting D Document NoVendor No / Name Description Cheque Amount

3/09/2015 39390 64571 SENSIS PTY LTD Sensis fees - Aquatic Centre $89.107/09/2015 39391 67645 ASGARD EMPLOYEE SUPER Superannuation August 2015 $888.467/09/2015 39392 67661 HESTA SUPERANNUATION FUND Superannuation August 2015 $241.527/09/2015 39393 66244 IOOF EMPLOYER SUPER Superannuation August 2015 $228.517/09/2015 39394 65755 MLC NOMINEES Superannuation August 2015 $251.467/09/2015 39395 67453 PORTFOLIOCARE SUPER SERVICE Superannuation August 2015 $117.217/09/2015 39396 66180 TELSTRA SUPER PERSONAL PLUS Superannuation August 2015 $359.24

17/09/2015 39397 67691 MARLENE STAFFORD Judging Fee- Claremont Art Award $200.0017/09/2015 39398 80045 PETTY CASH-COUNCIL **PLEASE PAY CASH*Petty Cash for Museum August 2015 $141.4517/09/2015 39399 80045 PETTY CASH-COUNCIL **PLEASE PAY CASH*Petty Cash for Golf Course August 2015 $167.7117/09/2015 39400 67701 R & D SPEED SHOP Electric Bike Service $75.0017/09/2015 39401 80046 WATER CORPORATION Water charges for various places $6,790.9023/09/2015 39402 64138 FINES ENFORCEMENT REGISTRY Unpaid infringement pursuit September 2015 $6,084.0023/09/2015 39403 67702 FJM PROPERTY Rate Refunds A3695 - Interim GRV adjustment $22,568.7023/09/2015 39404 63244 J BARKER Allowances - Mayor & Deputy Mayor $16,067.5023/09/2015 39405 67708 TANYA VAN IRSEN 2nd Prize winner of Art Award $2,500.0023/09/2015 39406 67710 VANESSA LIEBENBERG 3rd Prize Winner of Art Award $1,500.0023/09/2015 39407 80046 WATER CORPORATION Water charges for Aquatic Centre $4,031.74

Total EFT 62,302.50Total Number of Cheques 18

DIRECT DEBITS SEPTMEBER 2015 - MUNICIPAL FUNDDate Ref. Name Details Amount

NAB / CBA Various Bank Fees $8,860.73PERTHWASTE Domestic Waste Collection $30,001.80PAYROLL Payroll and Superannuation $377,721.65CALTEX Caltex card fuel expenses $3,006.06SHELL Shell card fuel expenses $2,709.54IINET Internet access $59.95EXETEL Variable Message Signs (VMS) $231.26SG FLEET Lease of Vehicle $572.47NAB Purchase Card Purchase Card September 2015 $13,646.91

Total Direct Debits 436,810.37

TOTAL MUNICIPAL PAYMENTS FOR THE MONTH OF SEPTEMBER 2015 2,046,452.78

ELECTRONIC FUNDS TRANSFERS SEPTEMBER 2015 - TRUST FUNDDate Ref. Name Details Amount

24/09/2015 EFT01238 ASHMY PTY LTD Refund of Bond $3,000.0010/09/2015 EFT01233 BCITF BCITF Levies August 2015 $3,905.9924/09/2015 EFT01238 BRAJKOVICH DEMOLITION AND SALVAGE Refund of Bond $20,000.0010/09/2015 EFT01233 BUILDERS REGISTRATION BOARD OF WA BRB Levies August 2015 $5,482.7124/09/2015 EFT01238 EFFICIENT HOMES AUSTRALIA Refund of Bond $1,000.0024/09/2015 EFT01238 GRAND VIEW HOMES Refund of Bond $5,000.0010/09/2015 EFT01233 MAUNDER BUILDERS WA Refund of Bond $3,000.0024/09/2015 EFT01238 PROMENADE CONSTRUCTION PTY LTD Refund of Bond $5,000.0024/09/2015 EFT01238 SOLITA T/A ADAM HEATH Refund of Bond $5,000.00

Total EFT 51,388.70Total Number of EFT Transfers 9

CHEQUES ISSUED SEPTEMBER 2015 - TRUST FUNDDate Ref. Name Details AmountCheque Posting D Document NoVendor No / Name Description Cheque Amount

Total Cheques 0.00Total number of Cheques 0.00

Date Ref. Name Details AmountTOTAL TRUST PAYMENTS FOR THE MONTH OF SEPTEMBER 2015 51,388.70

TOTAL ALL PAYMENTS FOR THE MONTH OF SEPTEMBER 2015 2,097,841.48

CORPORATE

LIST OF PAYMENTS 1-30 SEPTEMBER 2015

NAB PURCHASE CARD – SEPTEMBER 2015

20 OCTOBER 2015

ATTACHMENT 2

Statement Period 29 Aug 2015 to 28 Sep 2015

Andrew Head

Posting Date Tran Date Supplier Transaction Descript** Amount 18-Sep-15 17-Sep-15 Challenger Institute Training Course for Ops Centre 150.00$

Total AUD 150.00$

Anne Arrigoni

Posting Date Tran Date Supplier Transaction Descript** Amount 9-Sep-15 8-Sep-15 Claremont Quarter TOC star award 25.00$

Total AUD 25.00$

Ashely Edwards

Posting Date Tran Date Supplier Transaction Descript** Amount 16-Sep-15 15-Sep-15 Monsis Cafe ClaremCatering WMRC CEO meeting 54.50$ 22-Sep-15 22-Sep-15 Bob Jane T Mart ClaCEO vehicle tyre mend 40.00$ 28-Sep-15 25-Sep-15 Bunnings 306000 Supplies for art award 8.58$

Total AUD 103.08$

David Vinicombe

Posting Date Tran Date Supplier Transaction Descript** Amount 31-Aug-15 28-Aug-15 City Of Perth Park7 Car Parking Fee 6.60$

7-Sep-15 5-Sep-15 Wilson Parking Per0Car Parking Fee 6.18$ 17-Sep-15 16-Sep-15 City Of Perth Park5 Car Parking Fee 11.70$

Total AUD 24.48$

Debbie Thompson

Posting Date Tran Date Supplier Transaction Descript** Amount 31-Aug-15 28-Aug-15 Bunnings 306000 6 pairs of work gloves & 2 bags ra 50.78$

1-Sep-15 1-Sep-15 Coles 0299 Fruit for Operations Centre 17.25$ 9-Sep-15 9-Sep-15 Coles 0299 Fruit for Ops Center & biscuits fo 17.30$

14-Sep-15 10-Sep-15 Bunnings 306000 Tape measure for field staff 27.98$ 16-Sep-15 16-Sep-15 D And C Auto Glass Windscreen for vehicle -Ford Ran 396.55$ 17-Sep-15 16-Sep-15 Houdini Lock Servic Key cut for Nedlands Compound 57.78$ 21-Sep-15 17-Sep-15 Bunnings 306000 Retic parts for reticulation repair 23.74$ 21-Sep-15 18-Sep-15 Bunnings 306000 Materials for kerb patching on St 72.38$ 28-Sep-15 25-Sep-15 Bunnings 306000 Cloth tape, insulation tape & WD 13.68$ 28-Sep-15 25-Sep-15 Bunnings 306000 Fertiliser, nutrient AG grow & wa 53.43$

Total AUD 730.87$

Elizabeth Ledger

Posting Date Tran Date Supplier Transaction Descript** Amount 10-Sep-15 9-Sep-15 Paypal *earlychildh Purchase for People and Places 286.00$ 24-Sep-15 23-Sep-15 Adobe Creative ClouAdobe software subscription 49.99$ 24-Sep-15 23-Sep-15 Aga Travel Ins Artist for A Night on Bay View ev 83.70$ 25-Sep-15 24-Sep-15 Virgin Aust 7952124Artist for A Night on Bay View ev 3,274.20$

Total AUD 3,693.89$

Fiona Crossan

Posting Date Tran Date Supplier Transaction Descript** Amount 2-Sep-15 1-Sep-15 Educational Art Hessian fabric 27.80$ 4-Sep-15 3-Sep-15 Ventraip Australia P Museum website 5.95$ 9-Sep-15 7-Sep-15 Serendipity Books Reference Books 75.00$ 9-Sep-15 9-Sep-15 Spotlight Melville hessian/calico for new washing a 65.05$

22-Sep-15 22-Sep-15 The Angry Almond wheat for ed program cooking 11.70$ 23-Sep-15 21-Sep-15 Promotional Prod FWB Museum bracelets 332.90$ 24-Sep-15 23-Sep-15 Educational Art Badge making machine for event 511.50$

Total AUD 1,029.90$

Hitesh Hans

Posting Date Tran Date Supplier Transaction Descript** Amount 2-Sep-15 1-Sep-15 Foundation Daw Pa Refund for double up of paymen 100.00-$ 7-Sep-15 4-Sep-15 Dream Chasers Pty Pizzas recouped from staff club 40.00$

Debit Total AUD 40.00$ Credit Total AUD 100.00-$ Total AUD 60.00-$

Jane Carter

Posting Date Tran Date Supplier Transaction Descript** Amount 16-Sep-15 15-Sep-15 Stk*shutterstock, InPhotographs from Shutterstock 229.00$ 16-Sep-15 15-Sep-15 Stk*shutterstock, InPhotographs from Shutterstock 229.00$

Total AUD 458.00$

Katie Bovell

Posting Date Tran Date Supplier Transaction Descript** Amount 3-Sep-15 2-Sep-15 Dannys Shoe RepairCopy of Notice Board key cut for 9.00$ 3-Sep-15 2-Sep-15 Knick Pty Limited Dry cleaning table cloths for OCM 100.00$

15-Sep-15 15-Sep-15 Coles 0299 Council meeting supplies 98.20$ 18-Sep-15 16-Sep-15 Bunnings 306000 Batteries for remote control to c 23.85$ 18-Sep-15 17-Sep-15 Knick Pty Limited Drycleaning table cloths for OCM 100.00$ 25-Sep-15 25-Sep-15 Coles 0299 Supplies for rangers at 2015 Roya 38.50$ 28-Sep-15 25-Sep-15 Dannys Shoe RepairRangers copy of key to park gate 15.00$ 28-Sep-15 25-Sep-15 Jb Hi Fi 3 x cameras for rangers at 2015 R 451.08$

Total AUD 835.63$

Leslie Crichton

Posting Date Tran Date Supplier Transaction Descript** Amount 18-Sep-15 17-Sep-15 Coles Express 6961 Fuel 1EVU 531 (EMCG) 69.00$ 25-Sep-15 24-Sep-15 Woolworths 4214 Fuel 1EVU 531 (EMCG) 75.00$

Total AUD 144.00$

Lisa Russell

Posting Date Tran Date Supplier Transaction Descript** Amount 18-Sep-15 17-Sep-15 Paypal *idsuppliesp Stickers for Swipe cards and Card 180.95$ 21-Sep-15 18-Sep-15 Signal One Pty LimitRanger hats 179.75$ 25-Sep-15 24-Sep-15 Dannys Shoe RepairPark gate keys for Lisa Squiers 42.50$

Total AUD 403.20$

Louise Townsend

Posting Date Tran Date Supplier Transaction Descript** Amount 31-Aug-15 28-Aug-15 Jb Hi Fi Camera and Tripod for noise mon 223.00$

3-Sep-15 2-Sep-15 Snap Claremont Printing photos 10.00$ 3-Sep-15 2-Sep-15 Embroidme Clarem TOC logo on Parking Officer/Rang 216.70$ 9-Sep-15 8-Sep-15 Snap Claremont Food Prem Inspection Pics 81.35$

16-Sep-15 15-Sep-15 Post Claremont Pos USB Sticks 24.99$ 16-Sep-15 15-Sep-15 Garnet Manufacturi Chalk for Rangers 185.90$ 17-Sep-15 15-Sep-15 Jb Hi Fi Hard drives for Environmental He 198.00$ 21-Sep-15 18-Sep-15 Boc Ltd Squeeze pops for Rangers - Rehy 17.82$

Total AUD 957.76$

Maryanne Martino

Posting Date Tran Date Supplier Transaction Descript** Amount 11-Sep-15 11-Sep-15 Coles 0299 Drinks for Art Award Opening 96.00$ 14-Sep-15 10-Sep-15 Lucioli Art Award - Judges afternoon tea 26.00$ 14-Sep-15 11-Sep-15 Claremont Quarter School Art Comp prizes 400.00$ 17-Sep-15 16-Sep-15 St John Ambulance First Aid Training 199.00$ 28-Sep-15 25-Sep-15 Chocablock ChocolaA Night on Bay View Promotion 248.80$

Total AUD 969.80$

Michelle Fernandez

Posting Date Tran Date Supplier Transaction Descript** Amount 11-Sep-15 10-Sep-15 Aust Post Online Sh Registered Mail Slips - Planning A 155.00$

Total AUD 155.00$

Nicholas King

Posting Date Tran Date Supplier Transaction Descript** Amount 23-Sep-15 21-Sep-15 Bunnings 306000 Toilet blocking materials for 319 60.43$

Total AUD 60.43$

Saba Kirupananther

Posting Date Tran Date Supplier Transaction Descript** Amount 28-Sep-15 24-Sep-15 Institute Of Public Purchase for Infra. 286.00$

Total AUD 286.00$

Sarah Liddiard

Posting Date Tran Date Supplier Transaction Descript** Amount 31-Aug-15 31-Aug-15 Coles 0299 Mah Jong morning tea 11.00$

2-Sep-15 31-Aug-15 Jb Hi Fi New DVD stock 351.24$ 4-Sep-15 2-Sep-15 South Perth Fresh IgMorning tea at History in a Coffe 48.35$ 7-Sep-15 4-Sep-15 Friendlies ClaremonWet ones for wiping surfaces 4.50$ 7-Sep-15 4-Sep-15 Library Board Of QldSummer Reading Program 164.45$

Total AUD 579.54$

Sean Badani

Posting Date Tran Date Supplier Transaction Descript** Amount 31-Aug-15 27-Aug-15 Bunnings 306000 Fittings for cafe trolley 43.70$

1-Sep-15 1-Sep-15 Coles Express 6902 Milk for cafe 8.00$ 2-Sep-15 31-Aug-15 Jacks Wholefoods A Staff room fruit 34.01$ 2-Sep-15 31-Aug-15 Bunnings 306000 Lawn work activity equipment 53.16$ 3-Sep-15 2-Sep-15 Dept Mines & PetroChlorine gas drum charges 197.00$ 4-Sep-15 4-Sep-15 Coles Express 6902 Milk for cafe 8.00$ 7-Sep-15 3-Sep-15 Bunnings 306000 Wheels for cafe trolley 105.78$ 8-Sep-15 8-Sep-15 Coles 0299 Milk for cafe 12.00$

10-Sep-15 8-Sep-15 Jacks Wholefoods A Fruit for staff room 24.31$ 10-Sep-15 10-Sep-15 Coles 0299 Stock for cafe 38.50$ 11-Sep-15 9-Sep-15 Bunnings 306000 Brush for building painting 3.00$ 11-Sep-15 10-Sep-15 Australasian Diving Fill B/A cylinders 18.00$ 14-Sep-15 10-Sep-15 Bunnings 306000 Building fittings 14.40$ 14-Sep-15 10-Sep-15 Bunnings 306000 Materials for lawn activity 80.94$ 14-Sep-15 14-Sep-15 Rlsswa PLG Requal - Sean Badani 130.00$ 16-Sep-15 14-Sep-15 Jacks Wholefoods A Staff room fruit 37.35$ 16-Sep-15 14-Sep-15 Bunnings 306000 Lock for building security 40.50$ 18-Sep-15 18-Sep-15 Rlsswa PLG requal training Erin O'Conno 130.00$ 18-Sep-15 18-Sep-15 Rlsswa PLG requal training Matthew Bro 130.00$ 21-Sep-15 21-Sep-15 Coles 0299 Staff room fruit and milk 47.55$ 24-Sep-15 24-Sep-15 Coles 0299 Staff room fruit 26.18$ 25-Sep-15 23-Sep-15 Bunnings 306000 Air inflator fitting 29.95$

Total AUD 1,212.33$

Stephen Goode

Posting Date Tran Date Supplier Transaction Descript** Amount 9-Sep-15 8-Sep-15 Qbe Insurance Aust Travel insurance - LG CEO Conf 12.00$ 9-Sep-15 8-Sep-15 Qbe Insurance Aust Travel insurance - LG CEO Conf 12.00$

10-Sep-15 9-Sep-15 Qantas Airwa08124 Travel return LG CEO conference 376.00$ 10-Sep-15 9-Sep-15 Qantas Airwa08124 Travel to LG CEO Conference 506.00$ 14-Sep-15 13-Sep-15 Airbnb CEO accommodation 20-24 Septe 537.00$ 16-Sep-15 15-Sep-15 City Of Perth On Parking for meeting Parliament H 4.00$ 22-Sep-15 21-Sep-15 Public Transport Au CEO public transport card 60.00$ 25-Sep-15 24-Sep-15 Airbnb Accommodation 28-30 Septembe 381.00$

Total AUD 1,888.00$

Total 13,360.91$


Page 32

14.3 INFRASTRUCTURE

14.3.1 RICHARDSON AVENUE WORKING GROUP

File Ref: RDS/00236 Confidential Attachments: Community Representative and MLC Nominations Responsible Officer: Saba Kirupananther

Executive Manager Infrastructure Author: Nicholas King

Manager Engineering Services Proposed Meeting Date: 20 October 2015

Purpose For the Council to approve three community representatives from the local area for the working group, to fully engage with the local community concerning the traffic and parking proposals in the Richardson Avenue local area.

Background Following the Council resolution on 4 August 2015, the Town sought expressions of interest from residents who may be affected by modified parking and/or traffic conditions in or around the Richardson Avenue local area. The objectives of the working group included assessing proposed or conceptual designs from the Town, ensuring any proposals would be accepted by the affected community, and seeking other alternative proposals on adjoining streets. Objective and Purpose: a) Assess new design proposals and provide feedback and recommendations which can then be considered prior to the proposal proceeding to a detailed design stage. b) To ensure that any future proposals made are as acceptable as possible to the affected community, whilst still achieving alleviation to the congestion around the schools. c) Assess the surrounding area for alternate modifications that could be made to the road network and/or street layout, with an aim to alleviate congestion without major impact being made to the streetscape and character of the area.

Discussion The initial proposal included installing verge parking on Richardson Avenue on the east side between Wilson Street and Prospect Street. This proposal was aimed to act as a satellite drop off and pick up area, where the new footpath on Cliff Way would be utilised by students. This in turn will reduce vehicle traffic very close to the schools mainly in Corry Lynn Road, Brae Road, Cliff Way and Cliff Road. Due to some concerns raised by the residents around Richardson Avenue, it was decided by the Council that creating a working group from the local area would be


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the best outcome for the affected community. This working group’s main objective would be to find alternative solutions to the traffic and parking issues around the area. Methodist Ladies College [MLC] and Christ Church Grammar School will have one member from each school from their P&Cs. MLC requested whether a staff member could also be in the working group. The Council could decide to allow a staff member from each school as observers only. Councillor Mews has advised he would like to be part of the Working Group. Council could allow this by an amendment of the adopted membership. If approved this would mean all South Ward councillors are members of the working group.

Past Resolutions Ordinary Council Meeting 4 August 2015, Resolution 143/15, That Council: 1. APPROVES: 1.1. Working Group The formation of a Working Group to fully engage with the local community concerning the traffic and parking proposals in the Richardson Avenue local area; 1.2. Objective and Purpose: a) Assess new design proposals and provide feedback and recommendations which can then be considered prior to the proposal proceeding to a detailed design stage. b) To ensure that any future proposals made are as acceptable as possible to the affected community, whilst still achieving alleviation to the congestion around the schools. c) Assess the surrounding area for alternate modifications that could be made to the road network and/or street layout, with an aim to alleviate congestion without major impact being made to the streetscape and character of the area. 1.3. The appointment of the following to the Working Group: a) Councillor Cr Goetze (Chair); b) Councillor Cr Kelly; c) Three community Representatives from the local area; d) Representative from Methodist Ladies’ College P&C; e) Representative from Christ Church Grammar School P&C; f) Executive Manager Infrastructure; g) Manager Engineering Services. 2. AUTHORISES the Chief Executive Officer to write to local residents and seek expressions of interest from interested community representatives for the Working Group; 3. RECEIVES a further report after the closing date of the calling of expressions of interest, to approve the Community Representatives; and


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4. ENGAGES with the Methodist Ladies’ College and Christ Church Grammar School to consider the feasibility of providing a shuttle service for students.”

CARRIED(143/15) (NO DISSENT)

Financial and Staff Implications There won’t be any financial implications except staff time and some administrative costs which could be accommodated in the operational budget.

Policy and Statutory Implications Austroads and Australian Design Guidelines and Main Roads WA design guidelines.

Publicity Inform the nearby residents of the Council decision.

Strategic Community Plan Liveability

We are an accessible community, with well maintained and managed assets, and our heritage preserved for the enjoyment of the community.

• Clean, usable, attractive, accessible streetscapes and public open spaces.

• Maintain and upgrade infrastructure for seamless day to day usage.

Urgency Nil


OFFICER RECOMMENDATION That Council 1. Amend the working group membership to include three councillors,

being the South Ward councillors. 2. Approve the members of the Richardson Avenue working group being:

a) Councillor Goetze (Chair); b) Councillors Kelly & Mews; c) Three community Representatives from the local area; ------------------ ------------------ ------------------ d) Representative from Methodist Ladies’ College P&C; e) Representative from Christ Church Grammar School P&C;


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f) Executive Manager Infrastructure; g) Manager Engineering Services.


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15 ANNOUNCEMENTS BY THE PRESIDING PERSON

16 ELECTED MEMBERS’ MOTIONS OF WHICH PREVIOUS NOTICE HAS BEEN GIVEN

17 NEW BUSINESS OF AN URGENT NATURE APPROVED BY THE PERSON PRESIDING OR BY DECISION OF MEETING


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18 CONFIDENTIAL MATTERS FOR WHICH THE MEETING MAY BE CLOSED TO THE PUBLIC

18.1 INFRASTRUCTURE SERVICES

18.1.1 PLANT HIRE TENDER 2015-01

File Ref: RDS/00100 Attachments: Financial evaluation totals & graph

Financial examples schedule Responsible Officer: Saba Kirupananther

Executive Manager Infrastructure Author: Nicholas King

Manager Engineering Services Proposed Meeting Date: 20 October 2015

Purpose It is proposed that the following item be considered in closed session.

OFFICER RECOMMENDATION That in accordance with Section 5.23 (2) of the Local Government Act 1995 the meeting is closed to members of the public with the following aspect(s) of the Act being applicable to this matter: (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.


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18.2 CORPORATE SERVICES

18.2.1 CONSENT TO ASSIGN SUB-LEASE OF PORTION OF 331 - 333 STIRLING HIGHWAY, CLAREMONT

File Ref: COP/00034 Responsible Officer: Les Crichton

Executive Manager Corporate and Governance Author: Peter Scasserra

Coordinator Property and Leasing Proposed Meeting Date 20 October 2015


OFFICER RECOMMENDATION That in accordance with Section 5.23 (2) of the Local Government Act 1995 the meeting is closed to members of the public with the following aspect(s) of the Act being applicable to this matter: (e) (ii) A matter that if disclosed, would reveal information that has a commercial value to a person.


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18.2.2 DEED OF VARIATION OF LEASE 331 - 333 STIRLING HIGHWAY, CLAREMONT

File Ref: COP/00034 Responsible Officer: Les Crichton

Executive Manager Corporate and Governance Author: Peter Scasserra

Coordinator Property and Leasing Proposed Meeting Date 20 October 2015


OFFICER RECOMMENDATION That in accordance with Section 5.23 (2) of the Local Government Act 1995 the meeting is closed to members of the public with the following aspect(s) of the Act being applicable to this matter: (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.


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19 FUTURE MEETINGS OF COUNCIL

20 DECLARATION OF CLOSURE OF MEETING

NOTICE OF MEETING - Town of Claremont · 2019-09-17 · Proposed Meeting Date: 16 June 2015 ....

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Transcript of NOTICE OF MEETING - Town of Claremont · 2019-09-17 · Proposed Meeting Date: 16 June 2015 ....