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Agenda

 

OF Ordinary
COUNCIL MEETING

HELD ON

Tuesday 4 August 2020

AT 3.00pm

summons

 

You are advised that a Meeting of Council has been called by the Acting Chief Executive Officer on Tuesday, 4 August 2020 at 3.00pm for the transaction of the following business. 

 

In accordance with section 394 of the Local Government Act 2020 this meeting will be held remotely by electronic means and will be livestreamed via Council’s website. 

 

J CARBONE

ACTING CHIEF EXECUTIVE OFFICER


Ordinary Council Agenda                            Tuesday 4 August 2020

 

 

 

ADMINISTRATORS

 

LYDIA WILSON                                  CHAIR OF ADMINISTRATORS

THE HON BRUCE BILLSON             ADMINISTRATOR

On 19 June 2020 the Acting Minister for Local Government, Daniel Andrews appointed the Panel of Administrators for the City of Whittlesea and appointed Lydia Wilson as Chair of the Panel.  The Panel of Administrators comprises of Ms Lydia Wilson, The Honourable Bruce Billson and Ms Peita Duncan and they will undertake the duties of the Council of the City of Whittlesea until the October 2024 Local Government Election.PEITA DUNCAN                                 ADMINISTRATOR

 


Ordinary Council Agenda                            Tuesday 4 August 2020

 

 

 

SENIOR OFFICERS

 

 

JOE CARBONE                                  ACTING CHIEF EXECUTIVE OFFICER

BELGIN BESIM                                  DIRECTOR COMMUNITY SERVICES

JULIAN EDWARDS                           DIRECTOR PARTNERSHIPS, PLANNING & ENGAGEMENT

BEN HARRIES                                   DIRECTOR CITY TRANSPORT & PRESENTATION

AMY MONTALTI                                 DIRECTOR CORPORATE SERVICES

MICHAEL TONTA                              MANAGER GOVERNANCE

 


Ordinary Council Agenda                            Tuesday 4 August 2020

 

 

ORDER OF BUSINESS

 

The Acting Chief Executive Officer submits the following business:

1.           Opening.. 9

1.1        MEETING OPENING AND PRAYER.. 9

1.2        ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT. 9

1.3        Present. 9

2.           Apologies.. 9

3.           Declarations of Interest. 9

4.           Confirmation of Minutes of Previous Meeting.. 9

5.           Questions, Petitions and Joint Letters.. 9

5.1        Questions To ADMINISTRATORS.. 9

5.2        Petitions.. 11

5.2.1      Request to remove nature strip trees - Samuel Court, Bundoora.. 11

5.3        Joint Letters.. 13

5.3.1      Request for tree removal - Flaxen Hills Road, Doreen.. 13

6.           Officers' Reports.. 15

6.1        Partnerships, Planning & Engagement. 15

Nil Reports.. 15

6.2        Community Services.. 15

Nil Reports.. 15

6.3        City Transport and Presentation.. 17

6.3.1      2017-102 Provision of Grading Services - Contract Extension Report. 17

6.4        Corporate Services.. 21

Nil Reports.. 21

6.5        Executive Services.. 23

6.5.1      Assemblies of Administrators - 4 August 2020. 23

6.5.2      Administrator Expenses and Reimbursement Policy.. 29

6.5.3      Privacy and Data Protection Policy Review... 55

6.5.4      REVIEW OF COUNCIL DELEGATIONS TO THE CEO AND MEMBERS OF COUNCIL STAFF. 73

7.           Notices of Motion.. 217

Nil Reports.. 217

8.           Questions to Officers.. 217

9.           Urgent BusineSS.. 217

10.        Reports from Delegates Appointed BY Council TO Other Bodies.. 217

11.        Confidential Business.. 219

11.1      Partnerships, Planning & Engagement. 219

Nil Reports.. 219

11.2      Community Services.. 219

Nil Reports.. 219

11.3      City Transport and Presentation.. 219

Nil Reports.. 219

11.4      Corporate Services.. 219

Nil Reports.. 219

11.5      Executive Services.. 219

Nil Reports.. 219

11.6      Notices of Motion.. 219

Nil Reports.. 219

12.        Closure.. 219

 

 


Ordinary Council Agenda                            Tuesday 4 August 2020

 

 

Note:

At the Chair of Administrators discretion, the meeting may be closed in accordance with Section 66(2)(a) of the Local Government Act 2020. The provision which is likely to be relied upon to enable closure is set out in each item. These reports are not available for public distribution.

 

 

Question Time:

During the meeting, the Acting Chief Executive Officer will answer questions from residents and ratepayers. Questions should be submitted in writing no later than 3pm on the day of the ordinary Council Meeting unless this unreasonably prevents or hinders you from participating. A Question Time form can be downloaded from Council’s website and copies of the form are available at the meeting. Refer: https://www.whittlesea.vic.gov.au/about-us/council/council-meetings/

 

Council is committed to ensuring that all residents and ratepayers of the municipality may contribute to Council’s democratic process and therefore, if you have special requirements, please telephone the Governance Team prior to any Council Meeting on 9217 2294.

 

 

Large Attachments:

Where large attachments form part of the Report, due to the size of the attachments – a copy has not been provided in the Agenda document

Copies of these attachments are available for inspection by the public at the following locations:

a)      Council offices at 25 Ferres Boulevard, South Morang; and

b)      Council’s internet site – http://cam.whittlesea.vic.gov.au/

 

 


Ordinary Council Agenda                            Tuesday 4 August 2020

 

1.         Opening

1.1       MEETING OPENING AND PRAYER

The Acting Chief Executive Officer will open the meeting with the reading of the prayers:

 

Almighty God, we humbly beseech thee, to vouchsafe thy blessing upon this council.  Direct and prosper its deliberations to the advancement of thy glory and the true welfare of the people of the Whittlesea City Council.

 

Our father who art in heaven, hallowed be thy name, Thy kingdom come, Thy will be done in earth as it is in heaven. Give us this day our daily bread and forgive us our trespasses as we forgive them that trespass against us; and lead us not into temptation but deliver us from evil, For thine is the kingdom, the power and the glory, for ever and ever.

 

Amen

 

1.2       ACKNOWLEDGMENT OF TRADITIONAL OWNERS STATEMENT

The Chair of Administrators will read the following Acknowledgement of Traditional Owners Statement.

 

On behalf of the Whittlesea City Council I recognise the rich Aboriginal heritage of this country and acknowledge the Wurundjeri Willum Clan as the traditional owners of this place.

 

I would also like to personally acknowledge Elders past, present and emerging.

 

1.3       Present

2.         Apologies

3.         Declarations of Interest

4.         Confirmation of Minutes of Previous Meeting

Adjourned Special Meeting of Council held 7 July 2020; and

Ordinary Meeting of Council held 7 July 2020.

5.         Questions, Petitions and Joint Letters

5.1       Questions To ADMINISTRATORS

 


Ordinary Council Agenda                            Tuesday 4 August 2020

 

5.2       Petitions

5.2.1    Request to remove nature strip trees - Samuel Court, Bundoora

A petition from 15 residents was received requesting Council remove the nature strip trees along Samuel Court, Bundoora.

 

RECOMMENDATION

THAT Council resolve to receive the petition regarding the removal of the nature strip trees in Samuel Court, Bundoora and that Council Officers continue to work with affected residents on an agreed outcome in order to resolve the issue.

 

 


Ordinary Council Agenda                            Tuesday 4 August 2020

 

5.3       Joint Letters

5.3.1    Request for tree removal - Flaxen Hills Road, Doreen

A joint letter from 59 residents was received requesting Council remove the gum trees along Flaxen Hills Road, Doreen.

 

RECOMMENDATION

THAT Council resolve to receive the joint letter from 59 residents requesting Council remove the gum trees along Flaxen Hills Road, Doreen and that Council Officers work with affected residents on an agreed outcome in order to resolve the issue.

 

   


Ordinary Council Agenda                            Tuesday 4 August 2020

 

6.         Officers' Reports

6.1       Partnerships, Planning & Engagement

Nil Reports

6.2       Community Services

Nil Reports


Ordinary Council Agenda                            Tuesday 4 August 2020

 

6.3       City Transport and Presentation

6.3.1      2017-102 Provision of Grading Services - Contract Extension Report

Attachments:                        1       Confidential Attachment - Contract 2017-102 - Confidential

This Attachment has been designated as confidential information under section 66(5) of the Local Government Act 2020 on the grounds that it contains private commercial information, being information provided by a business, commercial or financial undertaking that relates to trade secrets or, if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage.  The confidential attachment specifically contains details regarding tender amounts submitted by businesses which were provided to Council in confidence and which would unreasonably expose the businesses to disadvantage if made public or disclosed to competitors.    

Responsible Officer:            Director City Transport & Presentation

Author:                                  Senior Infrastructure Engineer   

 

RECOMMENDATION SUMMARY

In relation to Contract No. 2017-102 for Provision of Grading Services, it is recommended that Council:

1.       Approve extension of the contract end date by twelve months, to 31 October 2021.

2.       Approve a variation of $450,000 (excluding GST) making a revised contract sum of $1,250,000 (excluding GST).

3.       Note the collaborative procurement approach being sought with our regional local government partners to obtain best value outcomes for the community and region.

4.       Note the funding arrangements detailed in the confidential attachment.

KEY FACTS AND / OR ISSUES

·          Contract No. 2017-102 for Provision of Grading Services was awarded to Ellgrade Pty Ltd.

·          The contract commenced on 1 November 2017 for an initial term of three years, ending 31 October 2020.

·          Contract extension options (of any time period) are available through to 31 October 2022.

·          An extension is sought to 31 October 2021 to continue routine maintenance of Council’s unsealed road infrastructure which necessitates a variation of $450,000 (excluding GST).

·          The additional one-year extension will allow the appropriate time to explore strategic procurement options involving consultation and engagement with our regional local government partners and the preparation of a new tender that aims to deliver best value outcomes for the community.

·          Council has consistently outperformed other interface councils and the State-wide average in the management of the local road network, which in part is attributed to this contract and the provision of road grading services.

 

Report

Background

The City of Whittlesea has approximately 1,400km of local roads throughout the municipality, with 80km of these unsealed and located across the rural north and urban fringe.

Council has an obligation under the Road Management Act (2004) to ensure safe and useable access of these unsealed roads and shoulders for all residents and does so through the provision of road grading services. Grading involves the wetting and levelling of existing or imported material along the alignment of the road, to provide an even trafficable surface devoid of potholes and corrugations (rough surfaces).

Services under this contract are also utilised following heavy storm events as an effective and efficient form of emergency management recovery.

The Contract No. 2017-102 for Provision of Grading Services was awarded to Ellgrade Pty Ltd and commenced on 1 November 2017 for an initial term of three years, ending 31 October 2020.

Contract extension options (of any time period) are available through to 31 October 2022.

CONTRACT PERFORMANCE

The contract has been performed satisfactorily to date and is reflected in Council’s satisfaction rating where Whittlesea consistently outperforms other interface councils in the management of the local road network, which in part is attributed to this contract and the provision of road grading services, as shown by the Local Government Victoria Community Satisfaction Survey results (out of 100) below:

 

 

2016

2017

2018

2019

City of Whittlesea

64

62

60

64

Interface Councils

60

59

57

60

State-wide Average

54

53

53

56

Source: Local Government Victoria

A financial summary of the contract is provided in the confidential attachment.

EXTENSION REQUEST

It is proposed that the contract be extended for twelve (12) months to allow for review and preparation of a new tender that will explore the opportunity of a potential regional collaboration effort. This additional one-year extension will allow for the appropriate time to consult and engage with our regional local government partners and prepare a new tender that aims to deliver best value outcomes to the community and region.

The contractor’s prices have been checked and are considered competitive; it is therefore proposed to extend the contract term to 31 October 2021.

FINANCIAL IMPLICATIONS

The extension of the contact by one year necessitates a variation of $450,000 (excluding GST). There is an allocation of funds in the 2020/21 annual budget to provide for this extension period.  Further financial details are provided in the confidential attachment.

link to strategic risks

Strategic Risk Service Delivery - Inability to plan for and provide critical community services and infrastructure impacting on community wellbeing

Links to WHITTLESEA 2040 AND the CoUNCIL Plan

Goal                                                 Liveable neighbourhoods

Key Direction                                 Smart, connected transport network

 

Council has an obligation under the Road Management Act (2004) to ensure safe and useable access of unsealed roads and shoulders for all residents and does so through the provision of road grading services. These services also respond directly to the need for a connected transport network as stipulated in Whittlesea 2040. This contract will continue the consistent higher than state average performance in the management of the local road network, for the grading of unsealed roads.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

CONCLUSION

Council has an obligation under the Road Management Act (2004) to maintain the local road network in a safe and usable condition across the municipality.

Extension of grading services contract is sought, in accordance with the contract’s terms and conditions and Council’s applicable policy and procedures, to ensure that maintenance of the unsealed road network in the rural north and urban fringe can continue to deliver the abovementioned outcomes for all residents.

This additional one-year extension period will allow for the appropriate time to consult and engage with our regional local government partners and prepare a new tender that aims to deliver best value outcomes to the community and region.

 

Recommendation

THAT Council resolve, in relation to Contract No. 2017-102 for Provision of Grading Services to:

1.       Approve extension of the contract end date by twelve months, to 31 October 2021.

2.       Approve a variation of $450,000 (excluding GST) making a revised contract sum of $1,250,000 (excluding GST).

3.       Note the collaborative procurement approach being sought with our regional local government partners to obtain best value outcomes for the community.

4.       Note the funding arrangements detailed in the confidential attachment.

  


Ordinary Council Agenda                            Tuesday 4 August 2020

 

6.4       Corporate Services

Nil Reports


Ordinary Council Agenda                            Tuesday 4 August 2020

 

6.5       Executive Services

6.5.1      Assemblies of Administrators - 4 August 2020  

Responsible Officer:            Acting Chief Executive Officer

Author:                                  Governance Officer   

 

recommendation summary

That Council note the record of the Assemblies of Administrators meetings as set out in the table in the report.

key facts and/or issues

·         The Local Government (Whittlesea City Council) Act 2020 dismissed all Councillors from the City of Whittlesea effective Saturday 21 March 2020 and provided for Administrators to be appointed and for them to undertake the duties of Councillors under the Local Government Act.

·         Ms Lydia Wilson was appointed Administrator for a three month period commencing on 21 March 2020.

·         On 19 June 2020, the Panel of Administrators for the City of Whittlesea were appointed. The Panel of Administrators comprises of Chair Ms Lydia Wilson, the Hon Bruce Billson and Ms Peita Duncan.

·         Ms Lydia Wilson, the Hon Bruce Billson and Ms Peita Duncan will carry out the role, responsibilities and functions of a Councillor as set out in Section 231(1)(a) of the Local Government Act 2020 until their appointment ends following the October 2024 Local Government Elections.

·         Section 80A(2) of the Local Government Act 1989 requires that records of Assemblies of Councillors (Administrators) be reported to Council.

 

 


 

Report

Background

The Local Government Act 1989 requires records relating to the Assemblies of Councillors (Administrators) to be reported to an ordinary Council meeting and recorded in the minutes of that meeting.

The Local Government (Whittlesea City Council) Act 2020 dismissed all Councillors from the City of Whittlesea effective Saturday 21 March 2020.  Ms Lydia Wilson was appointed Administrator for a three-month period commencing on 21 March 2020.

On 19 June 2020, the Panel of Administrators for the City of Whittlesea were appointed.  The Panel of Administrators comprises of Chair Ms Lydia Wilson, the Hon Bruce Billson and Ms Peita Duncan.

Ms Lydia Wilson, the Hon Bruce Billson and Ms Peita Duncan will carry out the role, responsibilities and functions of a Councillor as set out in Section 231(1)(a) of the Local Government Act 2020 until their appointment ends following the October 2024 Local Government Elections.

A meeting is an assembly of the Administrators if it considers matters that are likely to be the subject of a Council decision or the exercise of a Council delegation and the meeting is:

·       A planned or scheduled meeting that includes an Administrator and a member of Council staff; or

·       An advisory committee of Council where an Administrator is present.

A record must be kept regarding an assembly of Administrators which lists an Administrator and members of Council staff attending, the matters discussed, disclosures of conflict of interest and whether an Administrator left the meeting after making a disclosure.

Proposal

Assemblies of Administrators records not previously reported to Council are detailed in the following table:

Assembly Details

Administrator attendee

Officer attendees

Matters discussed

Administrator Briefing

9 June 2020

Lydia Wilson

(Administrator)

ACEO

DCTP

DCS

DCRS

DPPE

AMFA

 

1.      Proposed Budget 2020-21 – Pre-Advisory Committee Review.

Nil disclosures

 

Whittlesea Disability Network Meeting

9 June 2020

 

Lydia Wilson

(Administrator)

APO

ASPO

SPPM

TLA

TLMLF

1.      Welcome and Acknowledgement of Traditional Owners.

2.      Introductions and Apologies.

3.      Declaration of Interest.

4.      Minutes of previous meeting.

5.      Business arising from the minutes.

6.      TRAC and Facilities Update.

7.      All Abilities Playspace.

8.      Digital Devices Program.

9.      Council Update.

10.    Information Sharing.

Nil disclosures

 

 

Assembly Details

Administrator attendee

Officer attendees

Matters discussed

Council Budget 2020-21 Advisory Committee Meeting

11 June 2020

Lydia Wilson

(Lydia Wilson)

ACEO

DCTP

DCS

DCRS

DPPE

MG

1.       Hearing of Submitters.

The following submitters made oral presentation in support of their submissions:

·     John Nugent;

·     Harinder Jit Singh, Treasurer, Whittlesea Hockey Club;

·     Gerry Connell, Victoria State Emergency Services, Whittlesea Unit;

·     Anita Guerra, Director, Fit for 2;

·     Linda Jablonski, BMX Track Doreen;

·     Lisa Thorpe, Bubup Wilam Aboriginal Child & Family Centre;

·     David Watson, Vice President, Whittlesea Country Music Festival;

·     Angela Wood, Director, Big Group Hug;

·     Emma Antonetti, Equity & Impact Manager, Whittlesea Community Connections.

Other submitters who elected not to speak:

·     Charles Castle, President, Whittlesea Courthouse Association;

·     Jason Schivo;

·     Troy Cardamone;

·     David Thomas, President, Whittlesea Junior Basketball Association.

 

2.      Confidential Item: Consideration of Submissions and the making of recommendation to Council regarding the budget submissions.

Nil disclosures

 

CEO Employment Matters Advisory Committee (CEMAC)

26 June 2020

 

Lydia Wilson

(Chair)

Bruce Billson

MPC

1.      Confidential Item: Conducting interviews for position of Independent Member of CEMAC.

Nil disclosures

CEO Employment Matters Advisory Committee (CEMAC)

1 July 2020

Lydia Wilson

(Chair)

Bruce Billson

Peita Duncan

 

MPC

1.       Confidential Item: Conducting interviews for Consultants for recruitment of Chief Executive Officer.

Nil disclosures

Whittlesea Reconciliation Group Meeting

2 July 2020

Lydia Wilson

(Chair)

ALC MCCD

TLACD

 

1.      Acceptance of previous minutes of 30 April and 14 May.

2.      Endorsement of new member Jessie Crossman.

3.      WRG contribution to Reconciliation Victoria submission to the Anti Vilification Parliamentary Inquiry.

4.      COVID-19 Distraction Packs.

5.      Deadly NAIDOC Art Exhibition.

6.      EOFY Budget Expenditure.

7.      Aboriginal Liaison Officer Report.

8.      National Sorry Day Film Project Final Report.

9.      Review of WRG Terms of Reference.

10.   Planning Day and New Programs.

11.   Draft Joint Letter.

Nil disclosures

 

 

 

 

 

The table below represents an Index of Officer titles:

Initials

Title of Officer

Initials

Title of Officer

ACEO

Acting Chief Executive Officer – Joe Carbone

DPPE

Director Partnerships, Planning & Engagement – Julian Edwards

ALC

Aboriginal Liaison Coordinator - Donna Wright

MCCD

Manager Community Cultural Development - Rachel Francis

AMFA

Acting Manager Finance and Assets – Nicole Montague

MG

Manager Governance – Michael Tonta

APO

Access Project Officer – Ibrahim Elsoukmani

MPC

Manager People and Capability – Sanjib Roy

ASPO

Administration Support & Project Officer – Kayla Mountjoy

SPPM

Senior Parks Project Manager – Katelin Smith

DCS

Director Community Services – Belgin Besim

TLA

Team Leader Access – Stephen Bell

DCRS

Director Corporate Services – Amy Montalti

TLACD

Team Leader Aboriginal and Cultural Diversity – Fatih Tuncer

DCTP

Director City Transport and Presentation – Helen Sui

TLMLF

Team Leader Major Leisure Facilities – Jacinda Hunt

Consultation

Consultation has taken place with internal Council Officer representatives of each of the meetings and committees that qualify as an Assembly of Administrators.

Financial Implications

There are no financial implications as a result of this report.

Policy Strategy and Legislation

Section 3C(2)(g) of the Local Government Act 1989 provides that one of Council’s facilitating objectives is to have regard to ensuring transparency and accountability in Council decision making.

Accordingly, section 80A of the Local Government Act 1989 requires that the Chief Executive Officer must ensure that the written record of an assembly of Administrators is, as soon as practicable:-

    (a)        reported at an ordinary meeting of the Council; and

    (b)        incorporated in the minutes of that Council meeting.

 

link to strategic risks

Strategic Risk Governance - Ineffective governance of Council’s operations and activities resulting in either a legislative or policy breach

Reporting assemblies of Administrators meetings is a legislative requirement which promotes open and transparent decision making.

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                                 Enabling the vision

Key Direction                                 Making it happen

The provision of this report is in line with Whittlesea 2040 and the Council Plan by ensuring Council monitors and evaluates all of its operations.

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

CONCLUSION

It is recommended that the report containing details of the business transacted at recent Assemblies of Administrators meetings be noted.

 

Recommendation

THAT Council note the record of the Assemblies of Administrators meetings in the table set out in the report.

 


Ordinary Council Agenda                            Tuesday 4 August 2020

 

6.5.2      Administrator Expenses and Reimbursement Policy

Attachments:                        1       Draft Expenses, Reimbursement and Support Policy - Administrators and members of delegated committees

2       Administrator Resources and Facilities Guidelines - Requests by Administrators for legal advice relating to possible conflicts of interest   

Responsible Officer:            Acting Chief Executive Officer

Author:                                  Governance Officer   

 

Explanatory note

The Council was dismissed on Friday 20 March 2020 and an interim Administrator was appointed. Subsequently, a Panel of Administrators was sworn into office on 29 June 2020. The Council will comprise the Panel of Administrators until the 2024 Local Government Elections. During this time, the Administrators will perform the role of a Councillor for the purpose of section 28 of the Local Government Act 2020 (Act). Accordingly, the references in the Act to Councillors in the context of expenses and an expense policy, also apply to the Administrators.

RECOMMENDATION SUMMARY

That Council resolve to:

1.       Adopt the Draft Expenses, Reimbursement and Support Policy – Administrators and members of delegated committees (as set out in Attachment 1 of this report);

2.       Review the Expenses, Reimbursement and Support Policy – Administrators and members of delegated committees within six months of a general election; and

3.       Repeal the existing Councillor Resources and Facilities Policy (2018), the Councillor Resources and Facilities Guidelines – General and the Councillor Resources and Facilities Guidelines – IT.

KEY FACTS AND / OR ISSUES

·    Section 41 of the Local Government Act 2020 requires Council to adopt and maintain an expenses policy on or before 1 September 2020.

·    Under the Local Government Act 2020, there is an increased focus on providing Administrators with the resources and facilities required to perform their official role. This includes Administrators who require reasonable adjustments or reimbursement for care where the Administrator is a carer under the Carers Recognition Act 2012 (Vic).

·    A number of improvements have been proposed to the existing policy and guidelines; these have been addressed in the policy. This includes the reporting of all Administrator expenses and not only those within the mandatory reporting categories.

·    As Council is currently comprised of a Panel of Administrators and those Administrators have been appointed by the State Government, Administrator claims for reimbursement are subject to the Expense Reimbursement Policy of the Department of Jobs, Precincts and Regions (DJPR Reimbursement Policy) and the Department of Jobs, Precincts and Regions Domestic Travel Policy (DJPR Domestic Travel Policy).

·    The draft policy incorporates the relevant portions of the DJPR policy documents to ensure, as far as possible, there is a single policy that applies for Administrators.

Report

Introduction

The Local Government Act 2020 received Royal Assent on 24 March 2020. Section 41 of the Act provides that a Council must adopt and maintain an expenses policy in relation to the reimbursement of out-of-pocket expenses for Councillors and members of delegated committees. Councils are required to adopt the first expenses policy under this section of the Act on or before 1 September 2020.

Background

At the 4 September 2018 Council Meeting, Council resolved to adopt the Councillor Resources and Facilities Policy, the Councillor Resources and Facilities Guidelines – General and the Councillor Resources and Facilities Guidelines – IT. These were adopted under section 75B of the Local Government Act 1989 following consultation with Councillors at the 1 August 2017 Forum Meeting and again at the 24 July 2018 Forum Meeting. These documents will be replaced by the draft policy.

Subsequently, Council adopted the Councillor Resources and Facilities Guidelines – Requests by Councillors for legal advice relating to possible conflicts of interest. These guidelines have been amended to apply to Administrators and are contained in Attachment 2 of this report. These guidelines will not be repealed when the draft policy is adopted as they cover material not addressed in the draft policy.

Following the enactment of the new Local Government Act 2020, Council is required to adopt a Councillor Expenses and Reimbursement policy under section 41 of the Act. The Act provides that until such time a policy is adopted under this section, the policy adopted by Council under section 75B of the Local Government Act 1989 applies as if it had been adopted under this Act, accordingly any expenses recorded or reimbursement claimed from the enactment of Act on 24 March 2020 to date, have been processed under the existing policy and guidelines.

The new policy is a more comprehensive version of the existing policy, as a number of gaps were identified in the existing policy and guidelines which created confusion in their administration. The requirements under the new Act are for the most part the same as those that existed under the old Act, there is however a greater emphasis under the new Act on supporting Administrators who are in a care relationship within the meaning of section 4 of the Carers Recognition Act 2012 (Vic). The main changes to the existing policies and guidelines can be surmised as follows:

·    Previously there was a policy document, a general guidelines document and an IT guidelines document. These have been merged into a single document for ease of use and to remove the existing duplication of information.

·    The explicit inclusion of the ability of members of delegated committees to claim reimbursement for out-of-pocket expenses, as required under the new Act.

·    The introduction of an ‘other expense’ category for the purposes of reporting. Previously Council was only reporting on the categories of expenses required by legislation. This will ensure that the total expenses incurred by Administrators are reported.

·    The expansion of the ability to claim for dependent care, not only in relation to children but also to include the frail elderly or people with a disability where the Administrator is in a care relationship with that person.

·    The introduction of the requirements that Administrators maintain a logbook and are required to provide a copy of logbook entries when claiming for mileage travelled.

·    The introduction of stricter requirements around the reporting of Administrator expenses where an Administrator cancels their attendance at an event or training and the cost has been incurred but is not refundable.

·    The systems around IT related resources and support have been simplified.

·    Inclusion of the relevant sections of the DJPR Reimbursement Policy and the DJPR Domestic Travel Policy, as these will apply for the period Council is managed by the Panel of Administrators.

Proposal

That Council resolve to adopt the Expenses, Reimbursement and Support Policy – Administrators and members of delegated committees, as per Attachment 1 of this report, under section 41 of the Local Government Act 2020.

Consultation

The draft policy has been developed in consultation with members of the Office of the Chief Executive Officer (OCEO) who are responsible for the administration of the Policy and the reporting of Administrator expenses. Feedback has also been received from Council’s Information Services Department.

The draft Policy was presented at an Administrator Briefing on 21 July 2020 and feedback from the Panel of Administrators has been incorporated into the policy.

Critical Dates

Council is required to adopt a Policy under section 41 of the Local Government Act 2020 on or before 1 September 2020.

Financial Implications

There are no financial implications resulting from the adoption of the Policy. The costs associated with the administration of the Policy and the reimbursement of expenses are included in Council’s recurrent budget.

Policy strategy and legislation

Relevant legislation:

·    Local Government Act 2020

·    Local Government (Planning and Reporting) Regulations 2014

·    Victorian Charter of Human Rights & Responsibilities Act 2006

·    Carers Recognition Act 2012 (Vic)

Relevant internal policies and codes:

·    City of Whittlesea Councillor Code of Conduct

·    City of Whittlesea Privacy Policy

Other relevant policies and codes:

·    Staff Expense Reimbursement Policy - Department of Jobs, Precincts and Regions

·    Domestic Travel Policy - Department of Jobs, Precincts and Regions

link to strategic risks

Strategic Risk Governance - Ineffective governance of Council’s operations and activities resulting in either a legislative or policy breach

If Council fails to adopt an expense and reimbursement policy under section 41 of the Local Government Act 2020 it will be breaching its legislative obligations. It may also result in Administrators breaching their duties of office if they are not claiming expenses in a manner which is consistent with the Act.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                              High-performing organisation

Key Direction               More cost-effective investment through better return on investment, efficiency and an engaged workforce

 

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with the relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

Council is required to adopt a Council expenses policy under the Local Government Act 2020 on or before 1 September 2020.  It is recommended that Council resolve to adopt the Expenses, Reimbursement and Support Policy – Administrators and members of delegated committees, as set out in Attachment 1 of this report.

 

RECOMMENDATION

THAT Council resolve to:

1.       Adopt the Expenses, Reimbursement and Support Policy – Administrators and members of delegated committees (as set out in Attachment 1 of this report);

2.       Review the Expenses, Reimbursement and Support Policy – Administrators and members of delegated committees within six months of a general election; and

3.       Repeal the existing Councillor Resources and Facilities Policy (2018), the Councillor Resources and Facilities Guidelines – General and the Councillor Resources and Facilities Guidelines – IT.

 


Ordinary Council Agenda                            Tuesday 4 August 2020

 

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Ordinary Council Agenda                            Tuesday 4 August 2020

 

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Ordinary Council Agenda                            Tuesday 4 August 2020

 

6.5.3      Privacy and Data Protection Policy Review

Attachments:                        1       Privacy and Data Protection Policy 2020

2       Information Privacy Policy 2014   

Responsible Officer:            Acting Chief Executive Officer

Author:                                  Principal Governance Advisor    

 

RECOMMENDATION SUMMARY

1.       Adopt the revised Privacy and Data Protection Policy 2020 as set out in attachment 1; and

2.       Repeal the Information Privacy Policy 2000 as set out in attachment 2.

KEY FACTS AND / OR ISSUES

It is proposed to adopt a revised Council Privacy and Data Protection Policy that outlines Council’s responsibilities in relation to the Privacy and Data Protection Act 2014 and Health Records Act 2001 (the Acts). 

·    The Policy outlines Council’s legal obligations regarding the handling of personal information and contains an underlying set of principles on how Council complies with the Information Privacy Principles (‘IPP’s) and Health Privacy Principles (‘HPP’).

·    The existing Policy has been amended in response to advice provided to the local government sector by the Office of the Victorian Information Commissioner (OVIC) following a review of local government privacy policies.

·    The revised Policy clearly sets out a process for individuals to use when accessing and correcting their personal information and when making a privacy complaint.

·    The revised Policy also uses plain English drafting principles.

 

Report

Background

The Privacy and Data Protection Act 2014 protects the personal information held by Council and the Health Records Act 2001 protects the personal health information held by Council.

The Privacy and Data Protection Policy states Council’s commitment to the responsible handling of personal information and personal health information and contains an underlying set of principles on how this information is protected.

The Policy was last reviewed in 2014 when the Information Privacy Act 2000 was replaced by the Privacy and Data Protection Act 2014.  The Policy has been updated in response to advice provided by OVIC following its review of local government privacy policies in 2019.

Copies of the revised and current Policy are attached (Refer Attachments 1 and 2).  A marked-up copy of the current Policy showing amendments has not been provided as the Policy was re-written using Council’s new policy template and this would have made it difficult to compare the two documents.

Proposal

It is proposed that the Privacy and Data Protection Policy 2020 be adopted to replace the Information Privacy Policy 2014 which will be repealed. 

The main changes to the Policy include:

·    Updating key terms and definitions;

·    Explaining the process for individuals to access and correct their personal information;

·    Explaining the process for individuals to make a privacy complaint; and

·    Using plain-English drafting principles.

Procedural Guidelines will be prepared containing additional information to guide staff and members of the public on how Council will comply with the IPP’s and HPP’s.  The Policy and Procedural Guidelines will be published on Council’s website.

Consultation

Consultation with key internal stakeholders has taken place.

Critical Dates

There are no critical dates in relation to the adoption of the revised policy. 

Financial Implications

The costs associated with Council complying with its obligations under information privacy laws are covered through operational budgets.

Policy strategy and legislation

Having a current Privacy and Data Protection Policy demonstrates to the community that the protection of an individual’s personal and health information is an integral part of Council’s commitment to a healthy, safe and connected community.

link to strategic risks

Strategic Risk Governance - Ineffective governance of Council’s operations and activities resulting in either a legislative or policy breach

Council is committed to protecting information privacy and to the responsible handling of personal information and health information as a key aspect of good governance.

The Policy will assist Council staff to understand their obligation to protect an individual’s personal and health information. 

A failure to protect personal and health information held by Council may unnecessary expose Council to risk for breaches of the Acts.

 

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                              Connected community

Key Direction               A participating community

 

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

Council’s Privacy and Data Protection Policy has been revised to reflect best practice and to confirm Council’s continuing commitment to the proper handling of personal information.

 

RECOMMENDATION

THAT Council resolve to:

1.       Adopt the revised Privacy and Data Protection Policy 2020 as set out in attachment 1; and

2.       Repeal the Information Privacy Policy 2014 as set out in attachment 2.

 

 


Ordinary Council Agenda                            Tuesday 4 August 2020

 

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Ordinary Council Agenda                            Tuesday 4 August 2020

 

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Ordinary Council Agenda                            Tuesday 4 August 2020

 

6.5.4    REVIEW OF COUNCIL DELEGATIONS TO THE CEO AND MEMBERS OF COUNCIL STAFF

Attachments:                        1       Revised CEO Delegations - Marked-up

2       Revised CEO Delegations

3       Revised Instrument of Delegation to Members of Council Staff - Marked-up

4       Revised Instrument of Delegation to Members of Council Staff   

Responsible Officer:            Acting Chief Executive Officer

Author:                                  Principal Governance Advisor   

 

recommendation summary

It is recommended that Council:

1.   Delegate to the member of Council staff holding the position referred to in the attached Instrument of Delegation to the Chief Executive Officer and the members of staff holding the positions referred to in the attached Instrument of Delegation to Members of Council staff, the powers, duties and functions set out in the Instruments;

2.   Commence operation of the Instruments immediately upon the common seal of Council being affixed to the Instruments;

3.   Revoke all previous delegations to members of Council staff on the coming into force of the Instruments; and

4.   Require the duties and functions set out in the Instruments to be performed, and the powers set out in the Instruments to be exercised, in accordance with any guidelines or policies adopted by Council.

key facts and/or issues

There a two Instruments of delegations approved by Council – delegations to the CEO and delegations directly to member of Council staff.  This report reviews both instruments. 

·    Delegations to the Chief Executive Officer and to members of Council staff are reviewed regularly to ensure Council’s decision-making powers are efficiently and effectively exercised. 

·    Delegations to the Chief Executive Officer (‘CEO delegations’) were last reviewed and adopted by Council on 5 May 2020 when the financial delegation to the CEO was increased from $500K to $1M.  A further review of the CEO’s delegations is required to include reference to provisions in the Local Government Act 2020 that commence on 1 September 2020.

·    Delegations to members of Council Staff (‘Staff delegations’) were last reviewed and adopted by Council on 6 August 2019.  The Staff delegations deal with Acts and Regulations that require a direct delegation from Council to officers and these delegations must also be reviewed before 1 September 2020.

 

 

 

Report

Background

The Local Government Act 2020, and other legislation, makes express provision for the appointment of delegates to act on behalf of Council and a decision of the delegate, once made, is for all legal purposes a decision of the Council.

Where Council acts through members of Council staff, this is formalised through written instruments of delegation which are re-made regularly to ensure that they remain up to date and cover all relevant provisions.

Delegations to the CEO and to members of staff were last reviewed and adopted by Council on 5 May 2020 and 6 August 2019 respectively.

Proposal

Instrument of Delegation to the CEO

The Instrument of Delegation from Council to the CEO is a broad delegation which empowers the CEO under many Acts and Regulations. 

This Instrument has been updated to include reference to new provisions in the Local Government Act 2020 that commence on 1 September 2020.

The Instrument contains a number of statutory limitations on the CEO’s powers that are specified in section 11(2) of the Act, namely, the power to:

·    appoint an Acting CEO for a period exceeding 28 days;

·    elect a Mayor or Deputy Mayor;

·    grant a reasonable request for leave under section 35 of the Act;

·    make any decision in relation to the employment, dismissal or removal of the CEO;

·    approve or amend the Council Plan;

·    adopt or amend any policy that Council is required to adopt under the Act;

·    adopt or amend the Governance Rules;

·    appoint the chair or the members to a delegated committee;

·    make, amend or revoke a local law;

·    approve the Budget or Revised Budget;

·    borrow money; and

·    declare general rates, municipal charges, service rates and charges and specified rates and charges.

In the existing CEO delegations, approval of overseas travel by Council officers on Council business must be referred to Council for approval although this is a matter capable of being delegated to the CEO. This and other discretionary limitations and conditions can be included in the CEO Delegation by the Council at Council’s discretion.

A marked-up copy of the Instrument highlighting amendments is attached so that the changes relating to new provisions under the Local Government Act 2020 can be easily identified. (Refer Attachment 1).  A clean copy of the Instrument is also attached. (Refer Attachment 2).

Instrument of Delegation to Members of Staff

The Instrument of Delegation from Council to members of Council staff empowers staff under a number of Acts and Regulations. 

The Staff Delegations have been updated to reflect the commencement of the Local Government Act 2020 and amendments to provisions of the Residential Tenancies Act 1997.

 

A marked-up copy of the Instrument highlighting amendments is attached so that the changes can be easily identified. (Refer Attachment 3).  A clean copy of the Instrument is also attached. (Refer Attachment 4).

Delegation Protocols

The revised Instrument will ensure that officers are delegated appropriate powers to carry out their duties and that delegations are made to the lowest competent level in the organisation. This streamlines decision-making processes while ensuring accountability.

Some delegated powers have limitations and conditions which are recorded in the Instrument.  Similar to the CEO delegations, Council has the option of adding additional limitations and conditions or putting in place policies and guidelines under which certain delegations are exercised.

Delegations are made to positions and not to individuals. This ensures that delegations do not become obsolete or ineffective in the event of a position being vacant or a delegate being absent on leave. In these instances, their delegated powers are automatically transferred to staff acting in their position.

It should be noted that Administrators must not direct, or seek to direct, a member of Council staff in the exercise of a delegated power, or the performance of a delegated duty or function of the Council. 

Conflict of Interest Disclosures by Delegates

The Local Government Act 1989 imposes obligations on members of Council staff who have delegated powers to act impartially and with integrity including avoiding conflicts of interest. 

A Council delegate is prohibited from exercising a Council power, duty or function if they have a conflict of interest in a matter and must disclose the type and nature of the interest to the Chief Executive Officer.

Consultation

The delegations discussed in this report were discussed with Administrators at the Administrator Briefing on 21 July 2020.  No public consultation was required in relation to the proposed Instruments and relevant Council officers were consulted on proposed amendments.

Financial Implications

The cost of amending this Instrument of Delegation is included within relevant operational budgets.

Critical Dates

It is proposed that the revised Instruments come into force once the common seal is affixed to the Instrument.

Policy strategy and legislation

This review is carried out in accordance with Council’s Delegations Policy (corporate) and section 11 of the Local Government Act 2020.

Delegations made by Council under the Local Government Act 1989 continue in force until 1 September 2020 unless earlier revoked.

link to strategic risks

Strategic Risk Governance - Ineffective governance of Council’s operations and activities resulting in either a legislative or policy breach

 

Links to whittlesea 2040 and the CoUNCIL Plan

Goal                                       Connected community

Key Direction                        A participating community

 

Declarations of Conflicts of Interest

Under section 80C of the Local Government Act 1989 officers providing advice to Council must disclose any interests, including the type of interest.

The Responsible Officer reviewing this report, having made enquiries with relevant members of staff, reports that no disclosable interests have been raised in relation to this report.

Conclusion

It is recommended that the revised Instruments of Delegation be adopted by Council. The updated delegations will facilitate Council's decision-making processes by ensuring that the relevant Council officers have the appropriate powers to effectively and efficiently carry out their Council duties.

 

 

RECOMMENDATION

THAT Council, in accordance with the powers conferred by the legislation referred to in the attached instruments of delegation, resolves to:

1.       Delegate to the position referred to in the attached Instrument of Delegation to the Chief Executive Officer and to the members of staff holding the positions referred to in the attached Instrument of Delegation to Members of Council Staff, the powers, duties and functions set out in the Instruments;

2.       Commence operation of the Instruments immediately upon the common seal of Council being affixed to the Instruments;

3.       Revoke all previous Council delegations to members of Council staff on the coming into force of the Instruments; and

4.       Require the duties and functions set out in the Instruments to be performed, and the powers set out in the Instruments to be executed, in accordance with any guidelines or policies adopted by Council.

 

 


Ordinary Council Agenda                            Tuesday 4 August 2020

 

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Ordinary Council Agenda                            Tuesday 4 August 2020

 

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Ordinary Council Agenda                            Tuesday 4 August 2020

 

7.         Notices of Motion

Nil Reports 

8.         Questions to Officers

9.         Urgent BusineSS

10.       Reports from Delegates Appointed BY Council TO Other Bodies


Ordinary Council Agenda                            Tuesday 4 August 2020

 

11.       Confidential Business

11.1     Partnerships, Planning & Engagement

Nil Reports

11.2     Community Services

Nil Reports

11.3     City Transport and Presentation

Nil Reports

11.4     Corporate Services

Nil Reports

11.5     Executive Services

Nil Reports

11.6     Notices of Motion

Nil Reports

12.       Closure