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2020-11-10 Services & Organisation Committee Agenda
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AGENDA
Services & Organisation
Committee Meeting
Tuesday, 10 November 2020
commencing at 1.30pm
Council Chambers, 9 Pelican Street, Tewantin
Committee: Crs Joe Jurisevic (Chair), Amelia Lorentson, Clare Stewart, Frank Wilkie
“Noosa Shire – different by nature”
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Full text of sections 2 to 86 (of 131)
Section 2
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
TABLE OF CONTENTS
ITEM PAGE
1 ATTENDANCE & APOLOGIES 3
2 CONFIRMATION OF MINUTES 3
3 PRESENTATIONS 3
4 DEPUTATIONS 3
5 REPORTS FOR CONSIDERATION OF THE COMMITTEE 4
1 REGIONAL WASTE TREATMENT FEASIBILITY STUDIES UPDATE 4
2 NOOSA RIVER HOLIDAY PARK - PROPOSED INTERIM MANAGEMENT
AGREEMENT 11
3 PROPOSED NEW COMMERCIAL LEASE OF COUNCIL LAND AT 4
JARRAH STREET, COOROY 13
4 LOCAL GOVERNMENT GOVERNANCE REFORM 17
6 REPORTS FOR NOTING BY THE COMMITTEE 79
5 CORPORATE SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2020-21 79
6 COMMUNITY SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2020-21 83
7 INFRASTRUCTURE SERVICES DEPARTMENT UPDATE - 1ST QUARTER
2020-21 98
8 EXECUTIVE SERVICES DEPARTMENT REPORT - 1ST QUARTER 2020-21 107
9 OPERATIONAL PLAN PROGRESS REPORT - 1ST QUARTER 2020-21 116
7 CLOSED SESSION 131
Page 2 of 131
Section 3
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
1 ATTENDANCE & APOLOGIES
2 CONFIRMATION OF MINUTES
The Minutes of the Services & Organisation Committee Meeting held on 6 October 2020 be
received and confirmed.
3 PRESENTATIONS
Nil.
4 DEPUTATIONS
Nil.
Page 3 of 131
Section 4
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
5 REPORTS FOR CONSIDERATION OF THE COMMITTEE
1 REGIONAL WASTE TREATMENT FEASIBILITY STUDIES UPDATE
Author Manager Waste and Environmental Health, Wayne Schafer
Community Services Department
Index ECM/Subject: Waste Management
Attachments Nil
EXECUTIVE SUMMARY
Noosa Council seeks to maximise diversion of waste from landfill for environmental, economic
and sustainable infrastructure reasons. These include:
The life of the Eumundi Rd Landfill site is limited and it is costly to operate.
The State Waste Levy of $75 per tonne (rising to $90 per tonne) for commercial waste, is
intended to deter landfilling of waste and encourage diversion and treatment of waste as a
resource.
There is speculation regarding the possibility of the waste levy being applied to domestic
waste. The State Government currently contributes approximately $2 Million per annum to
Noosa to offset the impact of the waste levy on domestic premises.
The Federal Government Recycling and Waste Reduction Bill 2020 will progressively
restrict offshore processing of recyclable waste by 2025.
The State Government Waste Management and Resource Recovery Strategy for
Queensland proposes a 90% reduction of all waste sent to landfill by 2050.
Councils Zero Emissions Strategy recognises that the landfill has the most significant
impact on our current emissions.
To consider regional prospects to manage diverted waste, Noosa Council participated in a
regional waste feasibility study initiated by Unitywater under a Memorandum of Understanding
(MOU) which commenced in December 2018. The feasibility study investigated the potential for
regional advanced waste treatment to improve the diversion of waste from landfill and the reuse
of sewage bio solids. The MOU participants included Unitywater, Noosa Council, Moreton Bay
Regional Council and Sunshine Coast Regional Council.
The engaged consultant, Ramboll Australia Pty Ltd, provided a final report, which in summary
recommended advanced treatment of 2 waste streams:
Anaerobic digestion of organic waste (food and garden waste mixed with bio solids from
Unitywater sewage treatment plants); and/or
Thermal destruction of combustible solid waste such as waste contained in the red lidded
general waste bin using a moving grate incinerator; and
Generation of electricity from treatment processes to offset some of the costs and harness
a valuable energy resource.
The proposal of working in partnership with Unitywater and other councils to divert and treat
waste regionally has distinct advantages based on economies of scale. However, the report
recommendations have raised some implementation challenges and partners are not in a
position to implement the consultant’s recommendations. Unitywater has written to MOU
participants advising that the MOU feasibility investigation is complete.
Page 4 of 131
Section 5
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Noosa Council also concurrently participated in a waste feasibility study with the WBBROC
Regional Councils to our north (Councils from Gympie to Bundaberg). This region produces a
lower volume of waste compared to joining with local governments south of Noosa and no
compelling options were identified during the process. The WBBROC councils have resolved to
take no further action to pursue regional advanced waste treatment at this time.
The report also examines activity undertaken by individual councils seeking to provide a local
solution to divert waste from their landfills and options that might become available to Noosa
Council to send waste to those proposed treatment facilities.
RECOMMENDATION
That Council note the report by the Manager Waste and Environmental Health to the Services &
Organisation Committee Meeting dated 10 November 2020 and agree to:
A. Write to Unitywater thanking them for administering the regional waste feasibility study;
B. Include consideration of regional advanced waste treatment opportunities in the
upcoming waste strategy being developed for Noosa Council; and
C. Continue to work with local governments and agencies in the region to explore the
feasibility of regional advanced waste treatment solutions.
REPORT
The purpose of this report is to inform Council about investigations undertaken by partnerships
involving Noosa Council into the feasibility of implementing advanced waste treatment at a
regional level, to improve the diversion of waste from landfill.
1. Background
Diverting waste from landfill and treatment of diverted waste is expensive requiring significant
capital expenditure on infrastructure and ongoing operational and maintenance costs. To
economically implement advanced waste treatment technology requires a large volume of waste
sourced at a regional level. Waste treatment can be implemented by individual local governments
with lower volumes of waste but this tends to result in higher treatment costs per tonne.
Regional waste diversion solutions are being encouraged by State Government and are a focus
for government subsidy in preference to local treatment solutions. The State Government
Commercial Waste Levy implemented from 1 July 2019 at $70 per tonne will increase to $75 per
tonne from 1 January 2021 and rise to $90 per tonne from 1 July 2023. This levy provides a
financial deterrent to landfilling of solid waste and a revenue stream for State Government to
support improvements in waste management, the development of improved treatment technology
and the re-use of waste as a resource.
The State Waste Management and Resource Recovery Strategy for Queensland seeks to
progressively maximize waste diversion from landfill to 90% by 2050. Local Government and
private landfill operators are expected to help meet the revised waste diversion targets for
Queensland. These targets will only be achieved through substantial expansion and
improvements to kerbside collection services, advanced treatment of collected waste streams to
reduce volumes sent to landfill and creation of a circular economy to facilitate the reuse of treated
waste as a resource.
The current waste recycling and diversion activity undertaken by Noosa Council to date will not
achieve the stated waste diversion targets without a substantial change to our waste
management practices. The waste diversion targets for Queensland are detailed in Table 1
below. The Baseline Diversion (2018) shows that overall Queensland was diverting 45.4% of
total waste tonnage generated in Queensland in 2018. For comparison, Noosa Council diverted
42.06% of total waste received for the 2018/19 financial period. Proposed waste diversion rates
Page 5 of 131
Section 6
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
for various waste streams in future years 2025 through to 2050 are also detailed. Diversion rates
are expressed as a percentage of total tonnage of waste generated.
Table 1
Queensland Government Proposed Diversion of Waste from Landfill
Waste Stream Baseline (2018) 2025 2030 2040 2050
Municipal Solid Waste (MSW) 32.4% 55% 70% 90% 95%
Commercial and Industrial (C&I) 47.3% 65% 80% 90% 95%
Construction and Demolition (C&D) 50.9% 75% 85% 85% 85%
Overall Diversion 45.4% 65% 80% 85% 90%
2. Investigations into Feasibility of Waste Diversion From Landfill
2.1 Memorandum of Understating (MOU)
Noosa Council entered an (MOU) with Unitywater, Moreton Bay Regional Council and Sunshine
Coast Regional Council on 18 December 2018 to investigate the feasibility of introducing
advanced waste treatment technology to our region. Unitywater wanted to improve the treatment
of sewage sludge (bio solids) and the re-use of the material. The three local governments sort to
reduce waste to landfill, particularly the removal and treatment of organic waste (primarily food
and garden waste) and opportunities to divert other non-recyclable waste through a Waste to
Energy process (WtE) using thermal degradation of the material.
Unitywater took the lead role on behalf of MOU participants and engaged consultant Ramboll
Australia Pty Ltd to undertake a feasibility study on available options for diversion and advanced
treatment of waste. Ramboll have international experience in design and construction of
advanced waste treatment technologies.
2.2 MOU Waste Feasibility Study
The feasibility study considered a wide range of waste streams in the region such as construction
and demolition waste, commercial and industrial waste and kerbside recyclable waste. Most
Local Government had local and relatively effective solutions for some of these waste streams
and the main focus turned to three significant waste streams that could be diverted from landfill,
which included:
Organic Waste – primarily Food Organics, Garden Organics (FOGO).
Residual non-recyclable waste with a high calorific value suitable for thermal destruction.
Bio solids from Unitywater Sewage Treatment facilities.
Waste to energy technology (WtE) to generate electricity emerged as an important consideration
as the sale of electricity can reduced some costs of the treatment process and provide a valuable
energy resource.
2.3 Wide Bay Burnett Regional Organisation of Councils (WBBROC) Study
The WBBROC local government region consists of local governments from Bundaberg,
Cherbourg, Gympie, Fraser Coast, North Burnett, and South Burnett. During the MOU
investigations WBBROC also commenced an investigation into regional advanced waste
treatment. Noosa Council accepted an invitation to participate in their study, subject to advising
that Noosa’s preference was to participate in the MOU regional approach as our first priority.
3. MOU - Final Consultant’s Report
The consultant’s most significant recommendations are summarized below:
Anaerobic digestion (AD) of sewage sludge mixed with food organics and garden organics
(FOGO), collected by local governments through an improved and expanded weekly
kerbside collection service. (It was noted that AD cannot accept large branches or palm
fronds which are commonly placed into the garden waste bin as this disrupts the treatment
process).
Capture and combust methane from the enclosed AD facility/s to generate electricity.
Page 6 of 131
Section 7
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Thermally destroy residual waste in a moving grate incinerator and use heat from the
incineration process to generate electricity for sale to offset some of the operational costs.
(Capital costs for this facility could exceed $400 million).
Establish a separate governance model to manage the construction and operation of the
regional treatment facilities through Unitywater or some other governance structure
acceptable to the participating MOU members.
4. Local Government Response to The Report Recommendations
4.1 Anaerobic Digestion (AD)
A regional anaerobic digester would require local governments to:
Implement or expand existing garden waste collection services to a weekly FOGO
collection
Transport the waste to a regional AD facility.
Reduce the red lidded general waste bin to a fortnightly collection, typical of what occurs
when this service operates in other area of Australia.
Benefits:
A regional anaerobic digestor provides a cost-effective solution for both Unitywater and Councils,
without each entity building separate treatment facilities unique to their own operations. Other
benefits:
A weekly FOGO collection service is an economic solution as the costs for the increased
(weeky) servicing frequency of the FOGO bin is offset by the reduced collection costs of
the red lidded general waste bin, (serviced fortnightly).
AD reduces the generation and escape of methane from landfill.
AD reduces the volume of landfill air space consumed and extend the landfill life.
The sealed treatment process facilitates capturing methane and generate electricity for a
revenue stream to offset costs.
Improves the marketability of sewage sludge after treatment thought AD.
Concerns:
Organic Waste (FOGO) bin contents for treatment in a wet AD process when mixed with bio
solids to generate electricity cannot take branches larger than about 25mm thick or palm fronds.
The available options considered:
Pre-sort the collected FOGO bin before inclusion in the AD to remove larger branches and
palm fronds. This would require two treatment processes and potentially increase costs,
which is undesirable compared to the current low-cost system of mulching all garden
waste, branches and fronds for reuse.
Larger branches from 25mm up and palm fronds, which are currently mulched and recycled
could go into the red lidded bin to landfill but this would be undesirable.
Provide 4 waste bins – waste, recycling, garden waste, and food only waste. The GW bin
could be locally mulched and 4th food only bin sent to a central AD for inclusion with
sewage sludge.
The consensus of local government representatives was that a 4th bin for food only would
significantly increase service costs and there would be limited acceptance by residents for
various reasons e.g. bin storage space at domestic premises.
4.2 Moving Grate Incinerator for Residual Combustible Waste
A moving grate incinerator is a technology that has been implemented internationally for many
years. It can accept a wide range of material, with mechanical pre-sorting before incineration to
remove some non-combustibles. The technology produces residual ash from the combustion
process and this may require landfilling. Heat from the combustion process is used to power a
generator to produce electricity for sale.
Page 7 of 131
Section 8
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Benefits:
Recycling and reuse of waste in a circular economy is preferred, but some waste cannot be
effectively treated or reused. Thermal destruction can provide an effective alternative to landfilling
with the following benefits.
Thermal destruction of non-recyclable waste can significantly reduce consumption of
landfill air space, reducing the need to find new sites with their associated environmental
impacts.
Reduces the risk for groundwater contamination from potentially toxic material in landfill.
Heat is easily harnessed to generate electricity and feed into the electricity grid providing a
significant source of revenue to offset some of the costs of the treatment process.
The technology is robust enough to accept non-combustible waste accidentally included in
the incinerator.
Concerns:
Capital investment and operating costs are high, even with the sale of electricity to offset
some costs
The report did not fully examine other emerging technologies overseas giving preference to
safer and tried technology to avoid risk.
Potential objection to toxic fumes and stack height make location of a facility an issue.
Current technology is claimed to be able to scrub the exhaust gases to remove toxic
residue.
Participants did not support Unitywater providing governance for construction and
operation of an incinerator primarily used by local government, as they have small amounts
of residual combustible waste compared to local government.
5. MOU Outcome
Initially participants supported the concept of proceeding to a business case for at least
anaerobic digestion however issues such as Covid-19 and local priorities have determined that
the timing is not right to proceed to this stage now. As the lead agent in the MOU process,
Unitywater have written to participants advising the MOU agreement is now finalized.
Unitywater have expressed interest in waste treatment technologies that may be implemented by
individual local governments suitable for treating sewage bio solids.
6. Future Regional Opportunities
There are a range of initiatives underway within the broader region which provide potential
opportunities for Council to participate. Given the advances in this space, there are also likely to
be more options to be considered going into the future. Several of these options are outlined
below and it is recommended that the work undertaken to develop the new waste strategy for
Noosa Council explore the options for regional advanced waste treatment.
6.1 Moreton Bay Regional Council (MBRC)
Moreton Bay Regional Council had called a public tender for advanced waste treatment including
options for thermal processing and energy production prior to their involvement in the MOU
feasibility study.
Noosa Council has been approved to attend a MBRC Council meeting in mid-November to
observe a presentation by Riccardo (consultants) on the technical aspects of the tenders
received. Following this Noosa Council officers will continue to liaise with MBRC officers
regarding any potential involvement into the future.
6.2 Sunshine Coast Regional Council (SCRC):
SCRC are required to call tenders for their next waste collection contract and tenderers need to
know the future location and type of advanced waste treatment facility that may be available.
Page 8 of 131
Section 9
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
SCRC therefore called for an Expression of Interest (EOI) in 2019 for proposed waste treatment
solutions for their council region only, given their time frame for tendering.
SCRC did not include MOU participants and their waste volumes in the EOI tender, but did
encourage tenderers to talk with other MOU participants about their waste volumes and interest
in sending waste to a SCRC treatment facility. Council was approached by two tenderers and
provided relevant information.
Noosa Council officers will continue to liaise with SCRC officers regarding any potential
involvement into the future.
6.3 WBBROC Regional Waste Feasibility Study by Consultant Riccardo
Noosa Council provided details of waste volumes and participated in exploring the feasibility of a
regional advanced waste treatment facility with those Councils.
The Noosa waste stream constitutes a significant portion of the WBBROC waste stream however
transport costs and travel time sending waste north is likely to be higher than opportunities to our
south. It is likely that partnering with Councils south of Noosa is a more advantageous solution
for managing the Noosa waste stream.
WBBROC have advised that they are not proceeding further with a regional advanced waste
treatment facility at this time.
7. Regional Treatment of Kerbside Collected Recyclables
There is a long history of regional cooperation in processing kerbside collected recyclable waste.
Noosa currently transports recyclables (yellow lidded bin contents) to a Materials Recycling
Facility (MRF) at Bli Bli that is owned by SCRC and operated by VISY Recycling. Noosa has a
contract with VISY Recycling to sort and sell our material until 2021. The contract can be
extended by negotiation. This MRF has been in service for many years and needs to be replaced
with a modern technology. SCRC propose to build a new modern MRF at Bli Bli and have
indicated interest in accepting Noosa recyclables at the new facility.
Recent amendments to State legislation have resulted in a 50/50 sharing of CRS revenue for
Noosa recyclables. This revenue stream of about $250,000 per annum partially offsets the gate
fee charged for sorting and marketing our recyclable material.
The Federal Recycling and Waste Reduction Bill 2020 will further impact recycling from January
2021 to 2025. Offshore processing of recyclable material will be gradually banned and require
local processing of Australian recyclable material.
Previous Council Consideration
Nil
Finance
Noosa Council contributed $5,035.71 to the costs of the MOU feasibility study based on a per
capita division of consultancy costs between MOU participants. Council also contributed $12,494
to the WBBROC investigation. At this time there are no firm proposals to indicate the costs of
going forward with any agreed waste treatment proposal.
Risks & Opportunities
The following Risks and Opportunities arise from Councils involvement in the MOU feasibility
study.
Opportunities
The next Noosa Waste Strategy currently underway should consider regional waste
diversion and treatment opportunities for Noosa.
Council should continue to investigate the potential for sending waste to a SCRC or MBRC
waste treatment facility.
Page 9 of 131
Section 10
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
An expanded FOGO service could be considered which would include food waste would
divert organic waste from landfill, and help achieve our zero emission targets.
Local recycling of self-hauled construction and demolition waste at Eumundi Rd landfill, is
effective and supported by the MOU report.
Council would continue to negotiate with SCRC for comingled recyclables processing at the
new MRF at Bli Bli.
Risks
Commercial waste, (general waste, garden waste and recyclable waste volumes) currently
mandated for collection by Council will be subject to competition with private waste
collection companies after the current contract ceases. Council will lose direct control over
the disposal of that commercial waste.
If regional advanced waste treatment is not available then local advanced waste treatment
in Noosa may be an option. This requires a business case, identified market outlets for
processed material and significant investment before proceeding.
Failure to reduce emissions from landfilled organic waste may result in the need to pay for
carbon offsets under Councils Zero Emissions policy.
Consultation
External Consultation - Community & Stakeholder
Stakeholders in the MOU region met regularly during the preparation of the draft and final report
by Ramboll to provide guidance and agreement on milestones, content and recommendations
from the report.
Internal Consultation
The CEO and Director Community Services have been briefed on the investigations to date.
Departments/Sections Consulted:
x Chief Executive Officer X Community Services Corporate Services
Executive Officer X Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
X Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Infrastructure Services
Development
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 10 of 131
Section 11
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
2 NOOSA RIVER HOLIDAY PARK - PROPOSED INTERIM MANAGEMENT AGREEMENT
DOCUMENT INFORM AT ION
Author Property Advisor – Commercial Property, Robyn Mercer
Corporate Services Department
Index ECM/ Subject /8.03; Noosa Holiday Parks Admin
Attachments Nil
EXECUTIVE SUMMARY
Not applicable
RECOMMENDATION
That Council note the report by the Property Advisor Commercial Property to the Services &
Organisation Committee Meeting dated 10 November 2020 and authorise the CEO to enter into
an interim management agreement for the Noosa River Holiday Park for 11 months commencing
1 June 2021.
REPORT
The current management agreement for the Noosa River Holiday Park (the Holiday Park)
commenced on 1 June 2017 and is due to expire on 31 May 2021, including the 1 year option
period. Given the economic impact of the Covid-19 pandemic, particularly the restricted
operation period from March 2020 to June 2020 and the loss of key international and interstate
markets, the managers have requested Council consider an extension to the current
management agreement to allow their business an opportunity for financial recovery.
The Covid-19 pandemic has had a significant commercial and operational impact at the Holiday
Park, including extended disruption to the annually recurring bookings, loss of the international
market and a decrease in a significant portion of the existing and repeat customer base, a large
percentage of which reside in New South Wales and Victoria and are unable to travel into
Queensland.
The proposed extension will also provide business continuity during the COVID-19 recovery
period and an opportunity for Council to review industry management models to inform a new
tender process for management services which will commence after the 2021-2022 Christmas
holiday period.
Accordingly, this report seeks Council approval to extend the current interim management
agreement for a further 11 months commencing 1 June 2021.
Previous Council Consideration
Ordinary Meeting Minutes, 20 April 2017, Item 5, Page 6
That Council note the report by the Property Officer to the Services & Organisation Committee
Meeting dated 11 April 2017 and:
A. Award contract 1516T078 to Anvera Pty Ltd trading as Dineen Tourism Management for
the Noosa River Holiday Park Management Services for an initial three (3) year period
commencing 1 June 2017; and
B. Authorise the Chief Executive Officer to exercise future options to extend the contract for
a further one (1) year period subject to satisfactory performance.
Page 11 of 131
Section 12
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Finance
The proposed interim management agreement extension at Noosa River Holiday Park provides
no foreseeable negative financial impact to Council.
Risks & Opportunities
Risks
Failure to extend the existing management agreement at Noosa River Holiday Park risks a break
in business continuity and effective operations during the Covid-19 recovery period.
Opportunities
The extension to the management agreement at the Noosa River Holiday Park will allow Council
sufficient time to review industry management models to inform a new tender process for
management services which will commence after the 2021-2022 Christmas holiday period.
Consultation
External Consultation - Community & Stakeholder
Dineen Tourism Management
Internal Consultation
Director Corporate Services
Property Officer
Departments/Sections Consulted:
Chief Executive Officer Community Services X Corporate Services
Executive Officer Community Development Financial Services
Executive Support Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws X Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 12 of 131
Section 13
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
3 PROPOSED NEW COMMERCIAL LEASE OF COUNCIL LAND AT 4 JARRAH STREET,
COOROY
Author Property Advisor, Denis Wallace
Corporate Services Department
Index ECM/Application/LEAS170001/Property/4 Jarrah St Cooroy
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Property Advisor to the Services & Organisation Committee
Meeting dated 10 November 2020 regarding the request by Eco Cottages for extended tenure
over Council land at 4 Jarrah St Cooroy (formally described as Lot 2 RP176126) and:
A. Agree to enter a new commercial lease agreement with Eco Cottages Pty Ltd, commencing
on the expiry of Eco Cottages’ existing lease in November 2021, as generally outlined in
the report; and
B. Agree to enter into a short-term interim permit for use of the 200m2 balance area of the site
up to the November 2021 lease commencement date.
REPORT
The purpose of this report is to seek Council agreement to extend the tenure of Eco Cottages Pty
Ltd, an existing lessee of Council-owned land in the Cooroy industrial estate.
Council owns a 5,800m2 freehold industrial allotment at 4 Jarrah Street, Cooroy (Lot 2
RP176126). An aerial photograph of the site and its surrounds is shown at Figure 1.
Figure 1 – Aerial photograph showing location of 4 Jarrah Street
Page 13 of 131
Section 14
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
The site was previously leased to a concrete supplier who vacated in November 2013. Following
a period of vacancy, Council undertook an expression of interest (EOI) process in 2017, which
led to a new lease with Eco Cottages (EC), a pre-fabricated modular home builder. The business
utilises termite resistant native Cypress timber in its buildings and has been recognised for its
research and development. At the time of the EOI, EC occupied nearby leased premises in
Johnson Court and it sought to lease Council’s vacant site to establish a new purpose-built
factory. The agreed lease was based on the terms of the EOI, which provided for total lease
terms of 10 years, comprising an initial term of 4 years and two 3 year options.
EC obtained development approvals and constructed its new factory on the site in 2018. The
factory is approximately 2,600m2 in area and includes extensive roofed hardstand areas,
enclosed climate-controlled factory spaces, offices and a 100kW solar system. The new factory
has allowed EC to grow in excess of its predictions, with it more than doubling staff to 25 people,
including 6 apprentices and a PHD student. EC continues to grow and aims to add further staff
and apprentices in coming months.
Figure 2 – Eco Cottages’ new factory
To date EC has invested $3.6M in the site, which raised through its own equity and private
investment. EC recently wrote to Council outlining a desire for longer-term tenure to reflect its
significant investment, provide it with security of tenure and allow it to obtain bank finance in
future. EC has also requested use of a 200m2 balance area of the site in the northwest corner,
which was withheld from its lease area to allow for a proposed telecommunication tower (Telstra
was negotiating with Council but ultimately built its tower on Unitywater’s adjacent site).
EC has been an excellent lessee and Property staff are supportive of its request. Following
discussions about possible tenure models EC has agreed to not exercise its upcoming 2021
lease extension option but to instead enter into a new whole-of-lot lease for a 20 year term, with
a further 5 year option. The agreed terms are as follows:
Lease Provision Proposal
Lessee: Eco Cottages Pty Ltd (ACN 124 625 458)
Premises: Whole of Lot 2 on RP176126
Lettable Area 5,800m2
Annual Rent: $34,200 plus GST
Lease Start Date: 20 November 2021
Lease Term: 20 years
Options to Extend: 1 x 5 years
Market Rent Reviews: 3% annually, with Market Rental Assessments conducted in years 5, 10, 15
and 20 at Council’s discretion. Market Rent Assessments shall be based
on an unimproved land basis only.
Permitted Use: Manufacturing, storage and display of prefabricated buildings and uses
ancillary thereto
Page 14 of 131
Section 15
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
The proposed rental is based on an independent market valuation and reflects the rent that
would have been applicable under the existing lease in year 5 (subject to indexation), with a
further provision for the balance 200m2 site area. The scheduled market rental reviews will
provide a mechanism to ensure the rent continues achieve a fair market value through the full
lease term.
It is recommended Council agrees to enter into the new lease, together with a further permit for
use of the balance 200m2 area for the interim period up to the new lease commencement.
Previous Council Consideration
Ordinary Meeting Minutes, 18 October 2017, Item 2, Page 8
That Council note the report by the Property Advisor to the General Committee Meeting dated 16
October 2017 regarding the expressions of interest process undertaken for the commercial lease
of Council land at 4 Jarrah St Cooroy (formally described as Lot 2 RP176126), and:
A. Agree to enter a commercial lease of the site to Eco Cottages Pty Ltd for a four (4) year
term.
B. Agree to an initial rent-free period of 4 months and deferral of a further 3 months’ rent
payments to the second year of the lease.
C. Authorise the CEO to award two subsequent lease extensions of 3 years, subject to the
lessee complying with the terms of the lease.
Ordinary Meeting, 18 May 2017, Item 2, Page 8
That Council note the report by the Property Advisor to the Services & Organisation Committee
Meeting dated 9 May 2017 and proceed to an Expression of Interest process for a commercial
lease of Council land at 4 Jarrah St, Cooroy (Lot 2 RP176126), as detailed in the report.
Ordinary Meeting, 1 May 2014, Item 10, Page 9
That Council note the report by Property Officer, Property and Land Management to the General
Committee dated 28 April 2014 and seek Expressions of Interest (EOI) for a Commercial Lease
for 4 Jarrah Street, Cooroy.
Finance
The financial return posed by the new lease is as detailed above. The minor expansion to the
lease area represents a $1,200 initial increase to the annual rent in the first year, with indexation
applying thereafter. Budgeted rental income for this site has been impacted by approximately
38% so far in the 2020 calendar year due to COVID-19 concessions given in accordance with the
national Leasing Code of Conduct. Eco Cottage’s trade is understood to have now recovered
and further rental concessions are unlikely.
Some legal and transaction costs will be incurred with the new lease in the order of $3,000,
which will be shared evenly between the parties.
Risks & Opportunities
The proposed new long-term lease avoids risk and provides certainty for both parties by
providing Eco Cottages with long-term tenure reflective of its significant investment in the
premises. Some opportunity cost is involved for Council but this was previously acknowledged
and accepted during the original EOI and lease process.
Page 15 of 131
Section 16
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Consultation
External Consultation - Community & Stakeholder
Eco Cottages
Argon Law (Solicitors)
Internal Consultation
Manager Property
Property Officer
Departments/Sections Consulted:
Chief Executive Officer Community Services X Corporate Services
Executive Officer Director Director
Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws x Property
Waste & Environmental Health Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 16 of 131
Section 17
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
4
DOCUMENT INFORM AT ION
LOCAL GOVERNMENT GOVERNANCE REFORM
Author Chief Executive Officer, Brett de Chastel
CEO’s Office
Index ECM/ Subject/ Corporate Governance & Subject/ Legislation
Attachments 1. Councillor Code of Conduct
2. Updated Standing Orders for Council Meetings
3. Model Meeting Procedures
4. Updated Investigation Policy
5. Councillor Briefing Sessions and Workshops (Non-Statutory
Meetings) Policy
EXECUTIVE SUMMARY
This report provides an update on the legislative changes relating to local government
governance in Queensland. It proposes (for adoption) an updated Councillor Code of Conduct,
Standing Orders for Council Meetings, Investigation Policy and a proposed new policy on
Councillor Briefing Sessions and Workshops to comply with the new legislative requirements and
to enhance our overall governance approach.
RECOMMENDATION
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 10 November 2020 regarding local government governance reform
and:
A. Adopt the updated Councillor Code of Conduct (prescribed by the Department of Local
Government, Racing and Multicultural Affairs) dated 4 August 2020 provided at Attachment
1 to the report and repeal the previous Councillor Code of Conduct which was adopted by
Council in December 2018 and further, agree that each Councillor will sign a declaration to
abide by the new Councillor Code of Conduct at all times;
B. Adopt the updated Standing Orders for Council Meetings provided at Attachment 2 to the
report and repeal the previous Standing Orders which were adopted in by Council in
August 2019;
C. Repeal the Model Meeting Procedures adopted by Council on 20 December 2018 and note
that the new Model Meeting Procedures provided at Attachment 3 to the report have been
incorporated into Council’s Standing Orders for Council Meetings;
D. Adopt the updated Investigation Policy provided at Attachment 4 to the report and repeal
the previous Investigation Policy which was adopted by Council in December 2018; and
E. Adopt the Councillor Briefing Sessions and Workshops (Non-Statutory Meetings) Policy
provided at Attachment 5 to the report.
Page 17 of 131
Section 18
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
REPORT
1 Introduction
As Council would be aware, on 12 October 2020, a raft of legislative changes came into effect
which were designed to continue to strengthen governance in local governments across the
State. These reforms were as a result of poor governance in some other councils (notably
Ipswich City Council, Logan City Council etc) where systematic governance failures led to
corruption and ultimately, the dismissal of those councils. Rightly, the State government has
been introducing a range of legislative reform over the last few years designed to ensure that
these governance failures do not occur again.
The most recent round of reforms focuses on updates to conflicts of interest requirements but
there are also a number of other changes. Training on the new provisions has been provided to
Councillors on three occasions and the new process for managing conflicts of interests was
applied to Council’s General Committee and Ordinary meetings in October.
However, the legislative reforms also touched upon a number of other areas and this report is
intended to ensure that our governance is consistent with the latest legislative requirements and
governance publications by the Department of Local Government, Racing and Multicultural
Affairs.
2 Councillor Code of Conduct
Councillors will recall that at the time they were sworn in on 15 April 2020, there was a
requirement for Councillors to agree to abide by the State wide Councillor Code of Conduct.
The Councillor Code of Conduct is consistent for all councils across the State. From time to time,
the State updates the Code of Conduct, with the most recent update being August 2020.
There are no significant changes from previous versions of the Councillor Code of Conduct.
There have been some changes in emphasis and update to references as a result of the most
recent reforms. A copy of the updated Councillor Code of Conduct is provided at Attachment 1 to
this report.
All Councillors should read the updated Code of Conduct in its entirety.
Consistent with past practice, it is also recommended that all Councillors sign a declaration that
they will abide by the Councillor Code of Conduct at all times.
3 Standing Orders for Council Meetings
Standing Orders are the meeting procedure rules which govern how Council’s Standing
Committees and Ordinary meetings are conducted.
A link to our current Standing Orders for Council meetings can be found here -
https://www.noosa.qld.gov.au/downloads/file/934/standing-orders-august-2019
Our current Standing Orders were reviewed in detail in 2019 to update them and to ensure
alignment with legislative requirements. There is now a need to make further changes to those
Standing Orders to reflect the latest requirements from the State government for the conduct of
meetings of Council Standing Committees and Ordinary meetings.
The proposed updated Standing Orders for adoption by Council are provided at Attachment 2 to
this report.
Councillors have also been provided with a copy of a “marked up version” showing the changes
between the current Standing Orders and the proposed updated Standing Orders.
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Section 19
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
In summary, the changes:
reflect the new provisions in the Local Government Act and Local Government Regulation
as recently amended;
incorporate required changes as set out in the State government mandated Model Meeting
Procedures. These primarily relate to how inappropriate meeting conduct must be dealt
with which our Standing Orders must reflect - see sections 45 to 46);
reflect the changes to reasons why Council meetings can be closed to the public for
confidential matters bringing our Standing Orders into line with recent legislative changes;
confirm that Councillors can attend Committee meetings and Council meetings by
teleconferencing. The process has been streamlined and recognises the new reality of the
COVID environment;
set out how conflicts of interest are to be managed; and
updates and improves some of the existing provisions.
4 Model meeting procedures
Each council is required to adopt the State’s Model Meeting Procedures either as a stand-alone
document or to incorporate as part of their own Standing Orders. The State government has
recently updated the Model Meeting Procedures to reflect the new legislation. A copy of these
Model Meeting Procedures is at Attachment 3 for the information of Council.
We have incorporated the provisions of the Model Meeting Procedures into the relevant sections
throughout our Standing Orders. We had originally adopted the Model Meeting Procedures in
December 2018 and a recent check discovered that we hadn’t formally repealed that version
even though they had been subsequently incorporated into our Standing Orders. This is an
opportunity to tidy up that oversight and recommendation C addresses that issue.
5 Investigation Policy
The State government also mandates that each Council must have an Investigation Policy in
compliance with the approved version released by the State government. We originally adopted
this Investigation Policy in December 2018 in compliance with that requirement. However, the
State government has just released an updated version in September 2020.
A copy of the updated version of the mandated Investigation Policy is at Attachment 4 for the
information of Council.
There are not significant changes from the previous version. The purpose of the Investigation
Policy is to outline how a Council must deal with a matter that is referred back to it from the Office
of the Independent Assessor. This process occurs where a complaint is made about the conduct
of a Councillor to the Office of the Independent Assessor (OIA) and the OIA determines not to
investigate the matter itself but to refer back to the Council to undertake its own investigation.
Our Council has not yet had an instance of this but we still need to have the updated
Investigation Policy adopted in case that ever eventuates.
6 Guidelines for Councillor Briefing Sessions and Workshops
Every Council in Queensland undertakes Councillor workshops. They are called different things
in different councils – briefings, workshops, forums etc. They do have one thing in common and
that is that they are not, and cannot be, decision-making processes. There is no basis for any
council to make a decision in such a workshop environment. Only formal Council meetings can
make such a decision.
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Section 20
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
However, such workshops are very useful for a range of reasons. These include:
enabling Councillors to get briefed on complex matters;
providing training for Councillors on roles and responsibilities, new legislation etc;
allowing Councillors to share information about matters they are currently dealing with;
providing a forum to explore ideas and discuss concepts in the lead up to developing new
strategies and policies; and
being briefed by staff on current operational matters.
We have not previously had any policy/formal structure in relation to our Councillor workshops
and it would be timely while we are looking at the other governance issues to formally adopt a
policy on how our Council workshops will operate.
A draft policy entitled “Councillor Briefing Sessions and Workshops (Non-Statutory Meetings)
Policy” has been prepared and is provided as Attachment 5 to the report.
The key elements of the proposed policy are:
It recognises that Councillor workshops are a useful and normal process for local
government Councillors and staff to discuss matters and exchange information;
It makes abundantly clear that such workshops are not a decision-making forum and that
any formal Council decisions must be made through the normal Council meeting
processes; and
It generally applies the same rules for addressing conflicts of interest that apply to Council
meetings. Therefore, if any Councillor has a prescribed conflict of interest in a matter being
discussed at a workshop, they must not be in attendance. Further, if a Councillor has a
declarable conflict of interest in a matter to be addressed in a briefing or workshop, they
cannot attend the meeting for that agenda item unless the Council has previously approved
their participation in that matter under the provisions of the legislation. In practice, this
means that where a Councillor has previously been allowed to “stay in the room” via a
Committee/Council meeting process for a declarable conflict of interest, they would also be
able to attend a Councillor workshop on that topic. Conversely, if there has not been such a
decision by the Council on that declarable conflict of interest, they would not be able to stay
in the room for the workshop on that topic. (As workshops are not decision-making forums,
it would not be possible for a decision by the Councillors present at that workshop to allow
another Councillor who has a declarable conflict of interest to stay in the room).
7 Other relevant issues
There are a number of other matters associated with the recent legislative changes that are
highlighted for Council’s information.
A. Councillor Administrative Support
Almost every council in Queensland provides administrative support to Councillors at some
level. Some concerns have previously been raised about whether Councillors would
potentially breach the “not giving directions rule” to staff by requesting administrative staff
to perform tasks. This has now been resolved by legislation to make it clear that it is
appropriate for Councillors to request administrative support from designated staff.
Councillors are now able to provide the designated administrative staff with requests
without breaching the Local Government Act provisions.
The legislation also makes provision for the Chief Executive Officer to adopt guidelines to
formalise this process and these are currently being prepared. In practice, there will be no
change at our Council in the way in which administrative support is provided.
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Section 21
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
B. Closed Meetings
Although our Council closes meetings relatively rarely, it should be noted that the basis
upon which meetings can be closed is being limited for councils across Queensland. In
practice, this will not impact our council as none of the reasons for closing a meeting that
have been removed have been used by our Council in the past. The main reason that our
Council would close a meeting is to receive legal advice in relation to court proceedings or
to commence commercial negotiations for the purchase of land and both of these
exemptions continue. The reasons for closing a meeting are now defined in the Local
Government Regulation and we have incorporated these into our Standing Orders to be
consistent (see section 26 of the Standing Orders for Council Meetings – Attachment 2)
C. Council Committee and Ordinary Meeting Minutes
There is a new provision (section 254F (9)) of the Local Government Regulation which now
requires councils to include in the minutes of their meetings any additional material which
was not included in the report to Council (which is available publicly online). In practice, this
means that someone who is reading the minutes should be able to see the same
information as someone who was present at the Council meeting. For the information
Council, the relevant provision of the Local Government Regulation is set out below.
(9) In this section—
relevant report, for a local government meeting, means a report or other
document—
(a) directly relevant to a matter considered or voted on at the meeting; or
(b) presented at the meeting for the consideration or information of the local
government or committee.
Examples—
a video or recording, or a transcript of the video or recording, watched or listened to by
councillors at a local government meeting before making a decision
a chart, diagram, spreadsheet or picture considered at a local government meeting
a copy of an auditor-general’s observation report presented at a meeting of the local
government under section 213(3)
a petition or media release presented at a local government meeting
Our Council commenced this new process from 12 October 2020.
Previous Council Consideration
Ordinary Meeting Minutes, 20 December 2018, Item 15, Page 10
That Council note the report by the Governance Advisor to the Services & Organisation
Committee Meeting dated 11 December 2018 and:
A. Adopt the Model Meeting Procedures provided at Attachment 2 to the report;
B. Adopt the updated Standing Orders for Noosa Shire Council 2014 (provided at Attachment
3 to the report) to remove any inconsistencies with the new Model Meeting Procedures;
C. Note that the CEO will undertake a comprehensive review of the Model Meeting
Procedures and Noosa Shire Council Standing Orders 2014 in early 2019;
D. Repeal the current Noosa Council Councillor Code of Conduct to be superseded by the
Councillor Code of Conduct prescribed by the Department of Local Government, Racing
and Multicultural Affairs provided at Attachment 4 to the report;
E. Agree that each Councillor will sign a declaration to abide by the new Councillor Code of
Conduct at all times; and
F. Adopt the Investigation Policy provided at Attachment 5.
Page 21 of 131
Section 22
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Ordinary Meeting Minutes, 15 August 2019, Item 3, Page 13
That Council note the report by the Chief Executive Officer to the Services & Organisation
Committee Meeting dated 6 August 2019 and:
A. Repeal Council’s current Standing Orders and adopt the new Standing Orders for Council
Meetings provided as Attachment 2 to the report subject to the following amendments:
26.3 A Councillor may make a request from, or through, the Chairperson for further
information or ask a question:
a) before the motion or amendment is seconded; and
b) after the motion or amendment is seconded once the Councillor who moved
the motion has been given the opportunity to speak.
15.5e) the person uses words or actions that discriminate or vilify based on a person’s
race, religion, sexuality or gender identity.
36.5e) the person uses words or actions that discriminate or vilify based on a person’s
race, religion, sexuality or gender identity.
29.4 Deleted
29.5 Deleted
29.6 The Chairperson shall declare the result of a vote or a division as soon as it has
been determined. The names of Councillors voting in the affirmative and in the
negative shall be recorded in the minutes or meeting notes of Council meetings.
31.3 A Councillor or officer to whom a question is asked without notice may request that
the question be taken on notice for, or prior to, the next meeting.
B. Authorise the CEO to make any required minor amendments to the document prior to
publication;
C. Note that the mandated Model Meeting Procedures adopted by Council in December 2018
are now incorporated, without any changes, into the new Standing Orders for Council
Meetings provided as Attachment 2 to the report;
D. Request the Chief Executive Officer to record the names of Councillors and how they voted
on all decisions and recommendations at Council meetings commencing in September
2019;
E. Note that the new Standing Orders include the provision for public question time which
would be undertaken in accordance with Public Question Time Guidelines and request the
CEO to develop such Public Question Time Guidelines for Council adoption noting that the
provisions of the Standing Orders in relation to public question time will not commence until
those Guidelines have been adopted by Council; and
F. Request the Chief Executive Officer to promote the availability of petitions, deputations,
presentations and public question time at Council meetings as one way in which the
community can engage with our Council through our meeting processes and in particular,
update information available on Council’s website in relation to these options as well as
periodically promoting these issues using other Council communication channels.
Finance
There are no direct finance implications for the adoption of these recommendations.
Risks & Opportunities
Good governance is the cornerstone of an effective local government. The adoption of this suite
of documentation/ policies will add to the structure of our governance processes.
Page 22 of 131
Section 23
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Consultation
External Consultation - Community & Stakeholder
Redland Shire Council have provided a number of precedent documents which have been of
great assistance in finalising our Council’s documentation.
Internal Consultation
EA to the CEO
Governance Advisor
Executive Team
Departments/Sections Consulted:
X Chief Executive Officer X Community Services X Corporate Services
Executive Officer X Director X Director
X Executive Support Community Development Financial Services
Community Facilities ICT
Libraries & Galleries Procurement & Fleet
Local Laws Property
Waste & Environmental Health Revenue Services
X Executive Services X Environment & Sustainable Development X Infrastructure Services
X Director X Director X Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
X Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 23 of 131
Section 24
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Page 24 of 131
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
ATTACHMENT 1
ao 4) Queensland
Government
Code of Conduct
for Councillors in Queensland
Approved on 4 August 2020
| www.digrma.gld.gov.au |
Page 24 of 131Section 25
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Page 25 of 131
© Slate of Queensland, August 2020, Published by the Department of Local Government, Racing and Multicultural Affairs,
1 William Street, Bnsbane Qld 4oa0, Australia,
oe a Ta Licence: This work is licensed under the Creative Commons CC BY 4.0 Australia Licence. In essence, you are free to copy and
(cc) fa Cf) 2 distribute this maternal in any format, as long as you altribute the work to the State af Queensland (Department of Lacal
= - Government, Racing and Multicultural Affairs) and indicate if any changes have been made, To view a copy of this licence, visit
7. La. hittp://creativecommons.ore/licerses/by/4.0/,
Attribution: The State of Queensland, Department of Local Goverment, Racing and Multicultural Affairs.
The Queensland Government supports and encourages the dissemination and exchange of information. However, copynght protects this publication, The
State of Queensland has no objection to this material being reproduced, made available online or electronically but only if itis recognised as the owner of the
copyright and this matenal remains unaltered.
The Queensland Government is committed to providing accessible services to Queenslanders of all cultural and linguistic backgrounds, Ifyou
have difficulty understanding this publication and need an interpreter, please call 13 QGOV (13 74 68), ask for an interpreter and request to be
transferred to the Department of Local Government, Racing and Multicultural Affairs.
Disclaimer: While every care has been taken in preparing this publication, the Stale of Queensland accepts no responsibility for decisions or actions taken asa
result of any data, information, statement or advice, expressed or Implied, contained within. To the best of our knowledge, the content was correct al {he time
of publishing
An electronic copy of this report is available on the Department of Local Government, Racing and Multicultural Affairs’ website at www digema. ale) eo alrSection 26
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Page 26 of 131
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Purpose of the Code of Conduct 4
Background 4
The local government principles and values 5
Standards of behaviour 6
Consequences of failing to comply with the Code of Conduct 8
Unsuitable meeting conduct 8
Inappropriate conduct 8
Misconduct 8
Corrupt conduct 9
More information 10
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Page 26 of 131Section 27
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Page 27 of 131
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
—==
The Code of Conduct sets out the principles and standards of behaviour expected of Councillors
and Mayors when carrying out their roles, responsibilities and obligations as elected representatives
for their communities. By adhering to the behaviours set out below, Councillors will increase public
confidence in local government and Council decisions.
Background
Under section 150D of the Local Government Act 2009 (the LGA), the Minister for Local Government (the
Minister) must make a Code of Conduct stating the standards of behaviour for Councillors in the performance of
their responsibilities as Councillors. In addition to this, the Code of Conduct may contain anything the Minister
considers necessary for, or incidental to, the standards of behaviour.
Before assuming public office, Councillors must understand and commit to complying with the local government
principles and obligations of Councillors in accordance with section 169 of the LGA and 169 of the City of Brisbane
Act 2010 (CoBA), as well as the standards of behaviour set out in this Code of Conduct.
All Councillors are required to make a declaration of office under the applicable legislation. As part of that
declaration, Councillors must declare that they will abide by this Code of Conduct.
Page 4 | Code of Conduct for Councillors in Queensland www.digrma.qld.gov.au |
Page 27 of 131Section 28
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Page 28 of 131
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
The local government principles and values
—
The legislation is founded on five local government 3. In representing and meaningfully engaging with the
principles with which Councillors must comply while community, Councillors will:
performing their roles as elected representatives. * show respect to all persons
These principles are listed below: * clearly and accurately explain Council's decisions
1. Transparent and effective processes, and decision- * accept and value differences of opinion.
making in the public interest
2. Sustainable development and management ofassets 4 IN exercising good governance, Councillors are
and infrastructure, and delivery of effective services committed to:
3. Democratic representation, social inclusion and * the development of open and transparent
meaningful community engagement. processes and procedures
4. Good governance of, and by, local government * keeping clear, concise and accessible records
of decisions.
5. Ethical and legal behaviour of Councillors and local
government employees. 5. To meet the community's expectations for high level
. : leadership, Councillors will:
This Code of Conduct provides a set of values that . . ,
describe the types of conduct Councillors should * be committed to the highest ethical standards
demonstrate to ensure their compliance with the local * uphold the system of local government and
government principles. These values are listed below: relevant laws applicable.
1. In making decisions in the public interest, This Code of Conduct also sets out standards of
Councillors will: behaviour aimed at helping Councillors
* make decisions in open council meetings understand how the principles and values are put
* properly inform relevant personnel of all into practice while performing their official duties as
relevant information elected representatives.
* make decisions in accordance with law and policy Each standard of behaviour is not intended to cover
* commit to exercising proper diligence, care every possible scenario. However, they provide
andvattention general guidance about the manner in which
Councillors are expected to conduct themselves.
2, To eee one economical delivery of It is important to note that the principles, values
See and standards set out in the Code of Conduct are of
* manage council resources effectively, efficiently equal importance.
and economically
¢ foster a culture of excellence in service delivery.
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Page 29 of 131
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
———
This Code of Conduct sets out the 13 Use only official Council electronic communication
standards of behaviour applying to all accounts (e.g. email accounts) when conducting
. : : Council business
Councillors in Queensland. The behavioural ae i sind ih
; : 1.4 Report any suspected wrongdoing to the
standards relate to, and are consistent with, Appropriate-entityinaltimely manvier
the local government principles and their 15 Ensure that their behaviour or capacity to perform
associated values. their responsibilities as a Councillor is not impaired
: . by the use of substances that may put them or
The standards of behaviour are summarised as the others at risk while performing their duties (for
three Rs, being: example, alcohol, illegal drugs or prescribed/non-
1. RESPONSIBILITIES prescribed and/or restricted substances)
2. RESPECT 1.6 Cooperate with any investigation being undertaken
3. REPUTATION. by the local government or other entity
17 Ensure that the Councillor's Advisor is aware of
Each standard of behaviour includes, but is not limited their obligations to comply with the standards of
to, several examples to guide Councillors in complying behaviour in the Code of Conduct for Councillor
with the Code of Conduct when carrying out their role Advisors in Queensland.
as elected officials. Councillors are to understand and
comply with the following standards of behaviour as
set out in the Code of Conduct listed below. 2. Treat people in a reasonable, just,
RESPECTFUL and non-discriminatory way
1. Carry out RESPONSIBILITIES
para cles tionsty Wha ing bast iitereas For example, Councillors will, ata minimum, act in the
of the Council and the community ‘
following ways:
2.1 Treat fellow Councillors, Council employees and
For example, Councillors will, ata minimum, have the members of the public with courtesy, honesty
following responsibilities: and fairness
1.1 Attend and participate meaningfully in all Council 2.2 Notuse abusive, obscene or threatening language
meetings, committee meetings, informal meetings, (either oral or written) or behaviour towards other
briefings, relevant workshops and training Councillors, Council employees or members of the
Opportunities to assist them in fulfilling their roles public
other than in exceptional circumstances and/or 2.3 Have proper regard for other people's rights,
where prior leave is given obligations, cultural differences, safety, health
1.2 Respectand comply with all policies, procedures and welfare.
and resolutions of Council
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Page 30 of 131
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
3. Ensure conduct does not reflect adversely
on the REPUTATION of Council
For example, Councillors will, ata minimum, conduct
themselves in the following manner:
3.1 When expressing an opinion dissenting with the
majority decision of Council, respect the democratic
process by acknowledging that the Council decision
represents the majority view of the Council
3.2. When making public comment, clearly state
whether they are speaking on behalf of Council or
expressing their personal views
3.3 Atall times strive to maintain and strengthen the
public’s trust and confidence in the integrity of
Council and avoid any action which may diminish
its standing, authority or dignity.
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Consequences of failing to comply
ith the Code of Conduct
Es
Failure to comply with the standards of Inappropriate conduct
behaviour in this Code of Conduct, or other ae ;
: ’ ; Under the legislation, any conduct by a Councillor
conduct prescribed in this code of conduct may that is contrary to the standards of behavior in the
give rise to a complaint against a Councillor's Code of Conduct ora policy, procedure or resolution
conduct and subsequent disciplinary action of a Council, and is not unsuitable meeting conduct,
under the legislation. misconduct or corrupt conduct is dealt with as
inappropriate conduct.
Acomplaint about the conduct of a Councillor must be The conduct of a Councillor is also inappropriate
submitted to the Office of the Independent Assessor conduct if the conduct contravenes an order by the
(OIA), who will assess the complaint and determine Chairperson of a meeting of Council for the Councillor
the category of the allegation. In order of least to most to leave the meeting or is a series of conduct
serious, the categories of complaint are unsuitable at Council meetings that leads to orders for the
meeting conduct, inappropriate conduct, Councillor's unsuitable meeting conduct being made
misconduct, and then corrupt conduct. on three occasions within a period of one year. The
local government is not required to notify the OIA and
Unsuitable meeting conduct may deal with the conduct under section 150AG of the
LGA (including Brisbane City Council).
der the legislati duct by aC illor th : ‘
sh SEBIS LPRISIBHION Afty SOnHUGE ae eee sia The OIA is responsible for assessing allegations of
is contrary to the standards of behavior in the Code 3 ,
ae ‘ 3 suspected inappropriate conduct other than those
of Conduct that occurs within a meeting of Council a : .
js ; : 5 a 3 : arising from unsuitable meeting conduct. If the OIA
(including standing committee meetings), is dealt with . ;
scainkuiteble qumthaie conduit chooses to refer the matter to the Council to deal with,
a ° the Council must deal with the matter as quickly and
Unsuitable meeting conduct by a Councillor is dealt effectively as possible.
with by the Chairperson of the meeting. It is important
that the Chairperson deal with matters of unsuitable Misconduct
meeting conduct locally, and as efficiently and
effectively as possible so that Council can continue Councillors are required to comply with all laws that
with their business of making effective decisions inthe —_ apply to local governments, this includes refraining
public interest. from engaging in misconduct.
The OIA is responsible for assessing and investigating
NOTE instances of suspected misconduct. The OIA may make
; an application to the Councillor Conduct Tribunal to be
Chairpersons of meetings are carrying out a Statutory responsibility ‘
under the legislation to manage and lead the meeting. As such, Where heard and determined.
a Chairperson behaves inappropriately in a meeting this involves a
serious breach of the trust placed in them as the Chairperson of the
meeting and may be dealt with as misconduct (see right).
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The conduct of a Councillor is misconduct if period of one year or is conduct that is identified in an
the conduct: order of Council that will be dealt with as misconduct if
* adversely affects, directly or indirectly, the honest the Councillor engages tn the:conduct again.
and impartial performance of the Councillor's The conduct of a Councillor may also be misconduct
functions or exercise of the Councillor's powers, or ifa Councillor purports to direct the Chief Executive
* is, or involves: Officer in relation to disciplinary action regarding the
— abreach of trust placed in the Councillor, either conduct of a Councillor Advisor,
knowingly or recklessly
— misuse of information or material acquired by the Corrupt conduct
Councillor, whether the misuse is for the benefit of Corrupt conduct is defined by, and dealt with, under
the Councillor or for the benefit or to the detriment : ;
tanoth the Crime and Corruption Act 2001? and must be
ae 2 pee 2, referred to the Crime and Corruption Commission
~ a Councillor giving a direction to any Council (CCC). For a Councillor, corrupt conduct involves
employee (other than the Mayor giving behaviour that:
direction to the Chief Executive Officer, or for
Brisbane City Council, the Lord Mayor giving * adversely affects or could adversely affect the
direction tothe Chief Executive Officerand performance of the Councillor's responsibilities, and
senior contract officers) * involves the performance of the Councillor's
~ arelease of confidential information outside of responsibilities in a way that:
the Council — is not honest or impartial, or
— failure to declare a conflict of interest or — involves a breach of the trust placed in the
appropriately deal with a conflict of interest in Councillor, or
a meeting — involves the misuse of information acquired by
— attempting to influence a decision maker about the Councillor, and
a matter in which the Councillor has a conflict ; , at
’ * is engaged in for the purpose of providing a benefit
of interest :
: : ora detriment to a person, and
— failure by a Councillor to report a if db iminal off
suspected prescribed conflict of interest CTS aS Se TIES
of another Councillor Councillors are reminded of their obligations under
— failure to submit, update or review your registers section 38 of the Crime and Corruption Act 2001 to
of interests, or report Suspected corrupt conduct.
* isa failure by the Councillor to comply with: The OIA has entered into a section 407 arrangement
— an order made by the Council or the Councillor wits ie — src euetcski ae eee
: investigation into some allegations of corrupt conduct
Conduct Tribunal .
ay and report the matters to the CCC on a monthly basis,
— any acceptable request guidelines of the to provide the CCC with the opportunity to assume
Council made under the legislation responsibility for or monitor an investigation, should
— the reimbursement of expenses policy of the CCC consider that appropriate.
the Council. . ; xe ses
3 Further information about the CCC's jurisdiction
The conduct of a Councillor is also misconduct if the and other topics in relation to local government is
conduct leads to the Councillor being disciplined for available at https://www.ccc.gld.gov.au/sites/default/
inappropriate conduct on three occasions within a files/Docs/Publications/CCC/Coruption-in-focus-
Guide-2020.pdf (Chapter 4).
‘Section 15, Crime and Corruption Act 2001
*Section 4o, Crime and Corruption Act 2001
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More information
The Department of Local Government, Racing
and Multicultural Affairs website at
www.dlgrma.qid.gov.au provides further
information and resources for Councillors.
The Department also provides and facilitates training
for Councillors and Council employees to assist them
to develop the knowledge, skills and understanding
necessary to undertake their roles and
responsibilities effectively and in the best interests
of their communities.
For more information, please contact your regional
office within the Local Government Division of
the Department of Local Government, Racing and
Multicultural Affairs on:
Southern office
Phone: (07) 3452 6762
Email: [email protected]
Northern office
Phone: (07) 4758 3472
Email: [email protected]
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ATTACHMENT 2
_@.| NOOSA STANDING ORDERS FOR
be Reels COUNCIL MEETINGS
Corporate Plan Reference: Excellence as a Council
Endorsed by Council: 19 November 2020
Policy Author: | Chief Executive Officer
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Standing Orders
1. Purpose and Application of Standing Orders
1.1 The purpose of these Standing Orders is to set out the arrangements that govern the conduct
of business and proceedings at Council and Council Committee meetings.
1.2 These Standing Orders apply to all meetings of Council and any Standing Committees. These
Standing Orders do not apply to meetings of the Audit & Risk Committee.
1.3. Any provision of these Standing Orders may be suspended by resolution of the relevant
meeting of Council.
1.4 Aseparate resolution is required for any such suspension of a provision of the Standing Orders
and must specify the purpose of each suspension.
1.5 If, at a Council meeting, a matter arises which is not provided for in the Standing Orders the
matter shall be determined by the Chair subject to any contrary resolution of the meeting.
Council Meetings
2. Times of Ordinary and Standing Committee Meetings
2.1. The Council may, by resolution, fix dates and times for its Ordinary and Standing Committee
meetings.
2.2 If there is no resolution fixing the date and time for an Ordinary or Standing Committee meeting,
the Chief Executive Officer must fix the date and time for the meeting.
2.3 Before the Chief Executive Officer fixes the date and time for an Ordinary or Standing
Committee meeting, the Chief Executive Officer must, if practicable, consult with the Mayor
about the proposed date and time for the meeting.
3. Times of Special Meetings
3.1. The Chief Executive Officer must call a Special meeting of the Council if -
a) the Special meeting is required by a resolution of the Council; or
b) | awritten request for the Special meeting is lodged with the Chief Executive Officer under
Section 3.2.
3.2 Awritten request for a Special meeting of Council must -
a) be signed by the Mayor or three or more Councillors; and
b) specify the purpose of the Special meeting; and
c) propose a day and time for the holding of the Special meeting.
3.3. The Chief Executive Officer may call a Special meeting to discuss any matter the Chief
Executive Officer considers should be brought before Council.
3.4 The Chief Executive Officer calls a Special meeting by giving written notice of the date and the
time of the meeting, and the business to be conducted at the meeting, to each Councillor.
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4. Notice of Meeting
4.1 The Chief Executive Officer shall prepare or have prepared an agenda for each meeting
including the reports for each agenda item excluding confidential reports.
4.2 Agendas shall be made available to Councillors as early as practical to allow Councillors
sufficient time to consider items on the agenda.
4.3. Agendas are to be made publicly available on Council’s website at the time the agenda is
provided to Councillors.
4.4 If the meeting is to consider a confidential item, the agenda should clearly identify that the
matter is confidential and provide a reason why the matter is to be dealt with in closed session.
5. Teleconferencing
5.1. The Chairperson may allow a Councillor to participate in a Council or Standing Committee
meeting by teleconference.
5.2 The Councillor must apply to the Chairperson to participate by teleconference as soon as
practicable once the Councillor becomes aware of their intended absence.
5.3 ACouncillor taking part by teleconference is taken to be present at the meeting if the Councillor
was simultaneously in audio contact with each other person at the meeting.
6. Commencement of Business
6.1 The Council shall commence business at the time appointed for holding the meeting, or as
soon thereafter (but before the expiration of 30 minutes) as a sufficient number of Councillors
are present to constitute a quorum.
7. Quorum at Meetings
7.1. Ameeting quorum is a majority, being at least half of the members of a Council or Standing
Committee meeting.
7.2 Business shall not be conducted at a meeting unless a quorum is present.
7.3 If at a meeting, a quorum is not present within 30 minutes after the time appointed for that
meeting, the meeting may be adjourned to a later time of the same day or to any time not later
than 14 days from the date of the adjournment by:
a) the Councillors present; or
b) the majority of the Councillors present; or
c) — only one Councillor if that Councillor is the only Councillor present; or
d) — the Chief Executive Officer if no Councillor is present.
7.4 \f there is not a quorum of Councillors present at the meeting, then such circumstances,
together with the names of the Councillors then present, shall be recorded in the minutes of
the meeting.
7.5 If at any time following commencement of business a quorum is not present for reasons other
than those specified in section 7.6, the Chairperson shall:
a) suspend the proceedings of the meeting for a period of 5 minutes;
b) — record in the minutes of the meeting the names of those who are present if a quorum is
not present at the end of the period of 5 minutes; and
c) adjourn the meeting to a later time of the same day or to any time not later than 14 days
from the date of such adjournment.
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7.6 Inthe event where one or more Councillors leave a meeting due to a prescribed or declarable
conflict of interest in a matter that results in a loss of a quorum for deciding the matter, Council
must resolve to —
a) delegate the consideration and decision on the matter, pursuant to section 257 of the
Local Government Act 2009; or
b) defer the matter to a later meeting; or
Cc) not decide the matter and take no further action in relation to the matter.
7.7 All Councillors including the conflicted Councillors may participate in the decision to delegate
or defer a matter.
7.8 The Council must not delegate a decision to an entity if the entity, or a majority being at least
half of its members, has a prescribed or declarable conflict of interest in the matter.
7.9 \f the matter cannot be delegated under an Act, the Council should seek ministerial approval
for the Councillors to be able to consider and vote on the matter, subject to any conditions the
Minister for Local Government may impose.
8. Adjournment of Meetings
8.1. The Councillors present at a meeting may at any time adjourn the meeting by procedural
resolution.
8.2 The Chairperson may adjourn the meeting without resolution in accordance with Section 47,
or for other reasons as deemed appropriate by the Chairperson.
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Procedures for Ordinary and Special Meetings of Council
9. Presiding Officer
9.1 The Mayor will preside at an Ordinary or Special meeting of Council.
9.2 If the Mayor is absent or unavailable to preside, the Deputy Mayor will preside.
9.3 If both the Mayor and the Deputy Mayor, or the Mayor’s delegate, are absent or unavailable to
preside, a Councillor chosen by the Councillors present at the meeting will preside at the
meeting.
10. Agenda for Ordinary Meetings
10.1 The Chief Executive Officer must ensure that each statutory notice of an Ordinary meeting
includes an agenda listing the items to be discussed at that Ordinary meeting.
10.2 The agenda must include -
a) items required under the Standing Orders to be included on the agenda;
b) items that are by resolution of Council required to be included on the agenda; and
c) — items whose inclusion on the agenda is requested by a Councillor in accordance with
Section 15 Notified Motions.
10.3 The Chief Executive Officer may include in the agenda any matter the Chief Executive Officer
considers should be brought before the meeting.
11. Order of Business for Ordinary Meetings
11.1 The order of business may be altered for a particular meeting at the discretion of the
Chairperson.
11.2 Before proceeding with the business of the meeting, the Chairperson presiding at the meeting
may undertake any acknowledgements and/or greetings deemed appropriate by the
Chairperson.
11.3 Unless otherwise altered, the order of business shall be as follows:
a) Declaration of Opening
b) Attendance and Apologies
c) Confirmation of Minutes;
d) Mayoral Minutes;
e) Petitions;
f) Notified Motions;
g) Presentations
h) Deputations
i) Consideration of Committee Reports;
j) Officers’ Reports;
k) Closed Session Matters;
l) Public Question Time
m) Next Meeting and Closure.
11.4 Business not on the agenda or not fairly arising from the agenda shall not be considered at
any meeting unless such meeting resolves to admit such business.
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12. Confirmation of Minutes
12.1 The minutes of a preceding meeting whether an Ordinary or a Special meeting, not previously
confirmed shall be taken into consideration, at every Ordinary meeting of Council, in order that
such minutes may be confirmed.
12.2 No discussion shall be permitted with respect to the minutes except with respect to their
accuracy as a record of the proceedings.
13. Mayoral Minutes
13.1 The Mayor may, by a signed minute, introduce a matter within the jurisdiction or official
cognisance of the Council which is not on the agenda.
13.2 A Mayoral minute may be moved by the Mayor from the Chair without being seconded.
13.3 A motion proposed by Mayoral minute and adopted by the Council is a resolution of the local
government.
14. Petitions
14.1 A Councillor may present a paper petition or electronic petition where the petition seeks to be
presented to a meeting of Council and the petition substantially meets the relevant Council
petition requirements provided for in section 14.4 and 14.5 below.
14.2 On presentation of a petition to a meeting of Council the only motion which may be moved is
that:
a) The petition not be received as it is deemed invalid, or
b) The petition be received and referred to the Chief Executive Officer to determine
appropriate action, or
c) The petition be received and referred to the Chief Executive Officer or a Standing
Committee for consideration and report back to a meeting of Council.
14.3. No debate on or in relation to a petition shall be allowed except the Councillor presenting the
petition may speak to the petition for a period of not more than one minute.
14.4 In order for a paper petition to be eligible to be presented to Council, it must:
a) Include the name and contact details of the Principal Petitioner (i.e, one person who is
the organiser and who will act as the key contact for the issue);
b) Clearly state the relevant grievance and action requested of Council;
c) Clearly state that the petition seeks to be presented to the Council;
d) Berespectful and not contain any offensive language or content;
e) Contain a minimum of 10 signatures; and
f) Clearly state the purpose of the petition on each page of the petition.
14.5 In order for an electronic petition to be eligible to be presented to Council, by way of a hard
copy cover document, it must:
a) Identify the Principal Petitioner as defined under section 14.4 a);
b) Clearly state the relevant grievance and action requested of Council;
c) Clearly state that the petition seeks to be presented to the Council;
d) Clearly state how the parties to the petition were obtained i.e. via reply email confirmation
or confirm click in a web interface;
e) Have attached a paper copy of the email or web interface referred to in item 14.5 d);
f) Be respectful and not contain any offensive language or content;
g) Have been responded to by a minimum of 10 persons who wish to be party to the petition;
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h) | Contain the signature of the Principal Petitioner and written confirmation of how many
persons have agreed to be party to the petition; and
1) Contain a list that includes the name and suburb location of all parties to the petition.
15. Notified Motions
15.1 A Councillor may bring forward to a meeting a motion on any matter within the jurisdiction or
official cognisance of the Council by giving notice in writing, in the approved form, to the Chief
Executive Officer at least seven days before the meeting.
15.2 The Chairperson shall rule out of order a motion which does not comply with section 15.1 of
these Standing Orders.
15.3 Notified motions shall be dated and recorded by the Chief Executive Officer as received.
15.4 Where a Councillor who has given notice of a motion is absent or declines to move the motion,
the motion may be —
a) moved by another Councillor; or
b) deferred to the next meeting.
15.5 Where the notified motion is not moved or deferred, it shall not again be reintroduced without
a subsequent notice of motion duly given as provided in section 15.1.
15.6 At the meeting, a notified motion requires a seconder in order that it be dealt with.
16. Presentations
16.1 The Chairperson may allow the Council to receive or provide acknowledgements, certificates,
awards and appreciation from the community or other entities. The Chairperson may allow the
Council to receive presentations from Council staff or other persons or entities.
17. Deputations
17.1 A deputation wishing to attend and address an Ordinary meeting of Council shall apply in
writing to the CEO not less than seven (7) business days before the meeting.
17.2 The CEO, on receiving an application for a deputation shall notify the Chairperson who shall
determine whether the deputation may be heard. The CEO shall inform the deputation of the
determination in writing. Where it has been determined the deputation will be heard, a
convenient time shall be arranged for that purpose, and an appropriate time period allowed.
17.3 Where it has been determined that a deputation be heard, the deputation and topic of the
presentation must be included in the public agenda for the meeting.
17.4 For deputations comprising three or more persons, only three persons shall be at liberty to
address Council unless the Councillors at the meeting determine otherwise by resolution. A
deputation shall be given adequate opportunity to explain the purpose of the deputation,
generally no longer than 15 minutes unless decided otherwise by the meeting.
17.5 The Chairperson may terminate an address by a person in a deputation at any time where:
a) the Chairperson is satisfied that the purpose of the deputation has been sufficiently
explained to the Councillors at the meeting;
b) — the time period allowed for a deputation has expired,
c) the person uses insulting or offensive language or is derogatory towards Councillors or
staff members;
d) ©amember of the deputation other than the appointed speakers interjects or attempts to
address the Council;
e) the person uses words or actions that discriminate or vilify based on a person’s race,
religion, sexuality or gender identity.
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18. Consideration of Committee Reports
18.1 If, ina report of a Committee, distinct recommendations are made, the decision of the Council
may be taken separately on each recommendation.
18.2 Arecommendation of a Committee, or portion thereof, may be amended by the Council in any
manner it may think fit.
18.3 A recommendation of a Committee adopted by the Council is a resolution of the local
government.
19. Public Question Time
19.1 Council may provide for a public question time at Ordinary meetings which shall be conducted
in accordance with Council’s Public Question Time Guidelines.
19.2 The Public Question Time Guidelines must be adopted by Council resolution and set out the
purpose, format, obligations and requirements for the conduct of public question time.
19.3 Public question time does not apply to Committee or Special meetings of Council.
20. Non-member Participation in Meeting
20.1 The Chairperson may allow a non-member to participate in the discussion of a particular item
of business before the Council on conditions decided by the Council.
21. Agenda and Order of Business for Special Meetings
21.1 The Chief Executive Officer must ensure that each statutory notice of a Special meeting
includes an agenda listing the items to be discussed at that Special meeting.
21.2 The agenda must include items that have been specified on the Special meeting notice.
21.3 Before proceeding with the business of the meeting, the person presiding at the meeting may
undertake any acknowledgements and/or greetings deemed appropriate by the Chairperson.
21.4 Unless otherwise altered, the order of business shall be as follows:
a) Declaration of Opening;
b) Attendance and Apologies;
Cc) Officers’ Reports;
d) Confidential matters (if applicable);
e) Meeting Closure.
21.5 Business not specified on the Special meeting notice shall not be considered.
22. Prescribed Conflict of Interest
Councillors are ultimately responsible for informing of any prescribed conflict of interest on matters
to be discussed at a Council or Standing Committee meeting (other than ordinary business matters).
When dealing with a prescribed conflict of interest, Councillors must abide by the following
procedures:
22.1 A Councillor who has notified the Chief Executive Officer of a prescribed conflict of interest in
a matter to be discussed in a Council meeting must also give notice during the meeting.
22.2 A Councillor who first becomes aware of a prescribed conflict of interest in a matter during a
Council meeting must immediately inform the meeting of the conflict of the interest.
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22.3 When notifying the meeting of a prescribed conflict of interest, the following details must be
provided:
a) if it arises because of a gift, loan or contract, the value of the gift, loan or contract;
b) _ if it arises because of an application or submission, the subject of the application or
submission;
c) the name of any entity other than the Councillor that has an interest in the matter;
d) the nature of the Councillor's relationship with the entity that has an interest in a matter;
e) details of the Councillor's and any other entity’s interest in the matter.
22.4 The Councillor must then leave the place of the meeting, including any area set aside for the
public, and stay away while the matter is being discussed and voted on, unless the subject
Councillor has written notice from the Minister to participate in the matter.
22.5 Once the Councillor has left the area where the meeting is being conducted, the Council can
continue discussing and deciding on the matter at hand.
23. Declarable Conflict of Interest
Councillors are ultimately responsible for informing of any declarable conflict of interest on matters
to be discussed at Council or Standing Committee meetings that might lead to a decision that is
contrary to the public interest (other than ordinary business matters).
A Councillor may raise their personal interests in a matter at the meeting to canvas the view of the
other Councillors prior to deciding to declare a conflict of interest. If the other Councillors suspect
the personal interest might be a conflict of interest, the Councillor may disclose their suspicion and
the processes under section 150EW of the Local Government Act 2009.
When dealing with a declarable conflict of interest, Councillors must abide by the following
procedures:
23.1 A Councillor who has notified the Chief Executive Officer of a declarable conflict of interest in
a matter to be discussed at a Council meeting must also give notice during the meeting.
23.2 A Councillor who first becomes aware of a declarable conflict of interest in a matter during a
Council meeting must inform the meeting of the conflict of interest.
23.3 When notifying the meeting of a declarable conflict of interest, Councillors should provide
sufficient detail to allow the other Councillors to make an informed decision about how best to
manage the declarable conflict of interest in the public interest. The following details must be
provided:
a) the nature of the declarable conflict of interest;
b) _ ifit arises because of the Councillor's relationship with a related party:
1. the name of the related party to the Councillor;
2. the nature of the relationship of the related party to the Councillor;
3. the nature of the related party’s interest in the matter.
c) _ if it arises because of a gift or loan from another person to the Councillor or a related
party:
1. the name of the other person;
2. the nature of the relationship of the other person to the Councillor or related party;
ce the nature of the other person’s interest in the matter;
4. the value of the gift or loan and the date the gift or loan was made.
23.4 After a Councillor has declared a conflict of interest, the Councillor should consider leaving the
meeting while the matter is discussed unless they have reasons why their participation would
improve making the decision in the public interest.
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23.5 If the Councillor chooses not to leave the meeting, the Councillor may advise the other
Councillors of their reasons for seeking permission to participate in making the decision.
23.6 The other non-conflicted Councillors at the meeting must then decide, by resolution, whether
the Councillor can participate in the decision making in relation to the matter, including voting
on the matter, or whether they should not participate in the decision and leave the place of the
meeting while the matter is decided by the non-conflicted Councillors. The non-conflicted
Councillors may impose conditions on the Councillor under a decision to either participate or
leave the meeting. The Councillor must comply with any decision or condition imposed by the
non-conflicted Councillors.
23.7 \|n deciding on a Councillor's declarable conflict of interest in a matter, only Councillors who do
not themselves have a prescribed or declarable conflict of interest in the matter are eligible to
participate in the decision making. The decision may be made even if the number of those
Councillors is less than a majority or less than a quorum for the meeting consistent with section
150ET of the Local Government Act 2009.
23.8 The Councillor who is the subject of the decision may remain in the meeting while the debate
is occurring and can participate by answering questions from the Chairperson to assist the
other Councillors in making their decision. The subject Councillor must not vote or otherwise
participate in making the decision but may remain in the meeting while the vote on the matter
takes place and the decision is declared by the Chairperson, on whether the Councillor may
remain in the meeting and participate in deciding the matter in which the Councillor has a
declarable conflict of interest.
23.9 When deciding whether a Councillor may participate in the decision making on a matter in
which they have a declarable conflict of interest, the other Councillors should consider the
particular circumstances of the matter including, but not limited to:
a) how does the inclusion of the Councillor in the deliberation affect the public trust;
b) how close or remote is the Councillor's relationship to the related party;
c) _ ifthe declarable conflict of interest relates to a gift or other benefit, how long ago was the
gift or benefit received;
d) — will the benefit or detriment the subject Councillor or their related party stands to receive
from the decision have major or minor impact on them;
e) how does the benefit or detriment the subject Councillor stands to receive compare to
others in the community;
f) how does this compare with similar matters that Council has decided and have other
Councillors with the same or similar interests decided to leave the meeting;
g) whether the subject Councillor has unique skills, knowledge or expertise that might help
make the best decision in the public interest.
23.10If the non-conflicted Councillors cannot decide about the declarable conflict of interest of a
Councillor, they are taken to have decided that the Councillor must leave and stay away from
the meeting while the non-conflicted Councillors discuss and vote on the matter.
23.11A decision about a Councillor who has a declarable conflict of interest in a matter applies in
relation to the Councillor for participating in the decision, and all subsequent decisions, about
the same matter unless the there is a change to the Councillor's personal interests and/or the
nature of the matter being discussed. If the non-conflicted Councillors decide that the
Councillor can act in the public interest on the matter, then the Councillor may participate in
the meeting and be involved in processes occurring outside of a Council meeting about the
same matter e.g. briefing sessions or workshops.
23.12|In making the decision under 23.6 and 23.9, it is irrelevant how the subject Councillor intended
to vote on the issue or any other issue (if known or suspected).
23.13A Councillor does not contravene the above procedures if the Councillor participates in a
decision under written approval from the Minister.
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24. Reporting a suspected conflict of interest
24.1 If a Councillor at a meeting reasonably believes or suspects that another Councillor has a
personal interest in a matter that may be a prescribed or declarable conflict of interest, and
that Councillor is participating in a decision on that matter, the Councillor must immediately
inform the Chairperson of the meeting of their belief or suspicion, and the facts and
circumstances that led to their belief or suspicion.
24.2 The Chairperson then should ask the relevant Councillor with the suspected personal interest
whether they have any prescribed or declarable conflict of interest in the matter. If the
Councillor agrees they have a conflict of interest, the Councillor must follow the relevant
procedures to declare that conflict.
24.3 If the Councillor believes they do not have a conflict of interest, they must inform the meeting
of that belief and their reasons for that belief.
24.4 The non-conflicted Councillors must then decide whether the Councillor has a prescribed
conflict of interest, a declarable conflict of interest or that the Councillor does not have
prescribed or declarable conflict of interest in the matter. If the meeting decides the Councillor
has a conflict of interest, the Councillor must follow the relevant procedures.
24.5 If the Councillors cannot reach a majority decision, then they are taken to have determined
that the Councillor has a declarable conflict of interest.
25. Recording Conflicts of Interest
25.1 When a Councillor informs a meeting that they or another Councillor have a prescribed or
declarable conflict of interest in a matter, the Chairperson must ensure the minutes of the
meeting record:
a) the name of the Councillor who may have a prescribed or declarable conflict of interest;
b) the particulars of the prescribed or declarable conflict of interest provided by the
Councillor;
c) the actions taken by a Councillor after informing the meeting that they have, or they
reasonably suspect another Councillor has a prescribed or declarable conflict of interest;
d) — the Council's decision on what actions the Councillor with a declarable conflict of interest
must take and the reasons for the decision;
e) the name of each eligible Councillor who voted and how they voted;
f) if the Councillor who declared the conflict voted on the matter, how they voted;
g) whether the Councillor with a prescribed or declarable conflict of interest participated in
or was present for the decision under ministerial approval.
26. Closed Meetings
26.1 Council and Standing Committees may resolve that a meeting be closed to the public if its
Councillors consider it necessary to discuss any of the following matters:
a) the appointment, discipline or dismissal of the Chief Executive Officer;
b) industrial matters affecting employees;
c) the Council’s budget;
d) rating concessions;
e) legal advice obtained by the Council or legal proceedings involving the Council including,
for example, legal proceedings that may be taken by or against the Council;
f) matters that may directly affect the health and safety or an individual or a group of
individuals;
g) negotiations relating to a commercial matter involving the Council for which a public
discussion would be likely to prejudice the interests of the Council;
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h) negotiations relating to the taking of land by the Council under the Acquisition of Land
Act 1967;
1) a matter the Council is required to keep confidential under a law of, or formal
arrangement with, the Commonwealth or State.
26.2 A Council or Committee meeting cannot resolve that a meeting be closed where the meeting
has been informed of a Councillor's personal interest in the matter by another person and the
eligible Councillors at the meeting must decide whether the Councillor has a declarable conflict
of interest in the matter.
26.3 Further, the meeting must not be closed if a quorum is lost due to the number of conflicted
Councillors who leave the meeting and the Council must:
a) delegate the matter; or
b) decide by resolution to defer to a later meeting; or
c) decide by resolution to take no further action on the matter.
26.4 A Council or Standing Committee must not make a resolution (other than procedural) in a
closed session meeting.
26.5 If a closed session includes attendance by teleconference, the Councillor/s attending by
teleconference must maintain confidentiality by ensuring no other person can hear their
conversation.
26.6 To take an issue into a closed session, the Council must first pass a resolution to do so in
accordance with Section 31.10.
26.7 In the interests of accountability and transparency, the Council must specify the matter to be
discussed, an overview of what is to be discussed and why the meeting should be closed while
the matter is considered.
26.8 If the matter is known in advance, the agenda should clearly identify that the matter will be
considered in closed session and name the topic to be discussed and a brief explanation of
why it is deemed necessary to take the issue into closed session.
26.9 The meeting minutes must detail the matter discussed and reasoning for discussing the matter
in closed session. The Council must also ensure that it complies with the statutory obligations
associated with recording of passed resolutions.
27. Motions
27.1 A Councillor is required to ‘move’ a motion and then another Councillor is required to ‘second’
the motion, with the exception of Mayoral Minutes which are moved by the Mayor and do not
require a seconder.
27.2 The Chairperson may require a motion or amendment to a motion to be stated in full or be in
writing before permitting it to be received.
27.3 When a motion has been moved and seconded, it shall become subject to the control of
Council and shall not be withdrawn or modified without the consent of the mover, seconder
and Council.
27.4 Other Councillors can propose amendments to the motion which must be voted on before
voting on the final motion.
27.5 A motion brought before a meeting of Council in accordance with the Local Government Act
2009 or these Standing Orders shall be received and put to the meeting by the Chairperson.
27.6 The Chairperson shall call the motions in the order in which they appear on the agenda, and
where no objection is taken to a motion being taken as a formal motion, the Chairperson may
put the motion to the vote without discussion.
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28. Motion to be Seconded
28.1 A motion or an amendment to a motion shall not be debated at a meeting of Council unless or
until the motion or the amendment is seconded, with the exception of Mayoral minutes.
28.2 A motion or an amendment which does not receive a seconder shall lapse.
29. Amendment of Motion
29.1 An amendment to a motion shall be in terms which retain the identity of the original motion and
does not directly negate the motion.
29.2 No more than one motion or one proposed amendment to a motion may be put before a
meeting of Council at any one time.
29.3 Where an amendment to a motion is before a meeting of Council, no other amendment to the
motion shall be considered until after the first amendment has been determined.
29.4 A Councillor who moves or seconds a motion may not propose or second an amendment to
that motion.
29.5 Any amendment to a motion must be proposed before the mover of the motion has exercised
their right of reply.
29.6 Where an amendment is carried, the original motion cannot become a further amendment.
30. Speaking to Motions and Amendments
30.1 The mover of a motion or amendment shall read it and shall state that it is so moved but shall
not speak to it until it is seconded.
30.2 The Chairperson will manage the debate by allowing the Councillor who proposed the motion
the option of speaking first on the motion. The Chairperson will then call on any other Councillor
who wishes to speak until all Councillors who wish to speak have had the opportunity.
30.3 A Councillor may make a request from, or through, the Chairperson for further information or
ask a question:
a) before the motion or amendment is seconded; and
b) after the motion or amendment is seconded once the Councillor who moved the motion
has been given the opportunity to speak.
30.4 A motion or amendment may be withdrawn or modified by the mover thereof with the consent
of the seconder and Council, which shall be signified without debate, and a Councillor shall not
speak upon such motion or amendment thereof after the mover has been granted permission
by the seconder and Council for its withdrawal.
30.5 The mover of a motion or amendment shall have the right to reply with the exception of the
procedural motion ‘that the motion be put’. Each Councillor shall speak no more than once to
the same motion or same amendment except as a right of reply.
30.6 Once the right of reply has been exercised, the debate is closed
30.7 Each speaker shall be restricted to not more than five (5) minutes unless the Chairperson rules
otherwise.
30.8 Where two or more Councillors indicate they may wish to speak at the same time, the
Chairperson shall determine who is entitled to priority.
30.9 In accordance with Section 254H of the Local Government Regulation 2012, if a decision made
at a meeting is inconsistent with a recommendation or advice given to Council by an advisor
of the Council, the minutes of the meeting must include a statement of the reasons for not
adopting the recommendation or advice.
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31. Procedural Motions
31.1. A Councillor at a meeting of Council may, during the debate of a matter at the meeting, move,
as a procedural motion, the following motions:
a) — that the motion be put;
b) — that the item, motion or amendment now before the meeting be deferred;
c) — that the meeting proceed to the next item of business;
d) that the matter lie on the table;
e) that the matter be taken from the table;
f) that the Chairperson’s ruling be dissented from;
g) | to suspend Standing Orders or relevant provisions thereof (insert reason);
h) — that the meeting stand adjourned;
i) that the meeting of Council be closed or opened to the public.
A procedural motion must be seconded.
31.2 That the motion be put -
a) May be moved at any time to finalise debate of a motion unless the Councillor is the
mover, seconder or has spoken to the original motion or subsequent amendment;
b) If carried, the Chairperson shall immediately put the question to the motion or
amendment to that motion under consideration;
Cc) If lost, debate on the motion or amendment to that motion shall continue.
31.3 That the item, motion or amendment now before the meeting be deferred -
a) Must specify a time or date, to which the debate shall be deferred;
b) |The matter about which the debate is to be deferred shall be included in the business
paper for the meeting identified in Section 31.3a).
31.4 That the meeting proceed to the next item of business —
a) Debate on the matter that is the subject of the motion shall cease and may be considered
again by Council on the giving of notice in accordance with the Standing Orders.
31.5 That the matter lie on the table -
a) | May only be moved where the Chairperson or a Councillor requires additional information
on the matter before the meeting (or the result of some other action of Council or person
is required) before the matter may be concluded at the meeting;
b) | Where such a procedural motion is passed, the Council shall proceed with the next
matter on the business paper.
31.6 That the matter be taken from the table —
a) May be moved at the meeting at which the previous procedural motion was carried.
31.7 That the Chairperson’s ruling be dissented from -
a) | May be moved in relation to a ruling of the Chairperson. Where such motion is moved,
further consideration of any matter shall be suspended until after a ruling is made;
b) Only the mover of the procedural motion and the Chairperson may speak to the
procedural motion (in that order). No other Councillors may speak to the procedural
motion;
c) _ If carried, the matter to which the ruling of the Chairperson was made shall proceed as
though that ruling had not been made;
d) If lost, the ruling of the Chairperson shall stand.
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31.8 To suspend Standing Orders or relevant provisions thereof (insert reason) -
a) May be moved by any Councillor in order to permit some action that otherwise would be
prevented by a procedural rule;
b) | Amotion to suspend a rule shall specify the purpose of such a suspension.
31.9 That the meeting stand adjourned -
a) May be moved by a Councillor at the conclusion of debate on any matter on the business
paper or at the conclusion of a Councillor's time for speaking to the matter, and shall be
put without debate;
b) | Such a procedural motion will specify a time for the resumption of the meeting and on
resumption of the meeting the Council shall continue with the business before the
meeting at the point where it was discontinued on the adjournment.
31.10 That the meeting of Council be closed or opened to the public in accordance with the provisions
of Section 254J of the Local Government Regulation 2012 —
a) | The motion must specify the nature of the matters to be considered and these matters
must be in accordance with Section 254J of the Local Government Regulation 2012 and
include an overview of what is to be discussed while the meeting is closed;
b) If carried, all members of the public shall leave and not re-enter the room where the
meeting is being held until a procedural motion that the Council meeting be opened to
the public is carried;
c) All debate in the course of a closed meeting shall be confidential;
d) Council must not make a resolution (other than a procedural resolution to re-open the
meeting) in a closed session.
32. Points of Order
32.1 Any Councillor may ask the Chairperson to decide on a ‘point of order’ where it is believed:
a) that another Councillor has failed to comply with proper procedures;
b) that the matter before the Council is in contravention of the Local Government
Act/Regulations or these Standing Orders; or
c) that the matter is beyond the jurisdictional power of Council.
32.2 Points of order cannot be used as a means of contradicting a statement made by the Councillor
speaking.
32.3. Upon the question of order suddenly arising during the process of a debate, a Councillor may
raise a point of order, and thereupon the Councillor against whom the point of order is raised,
shall immediately cease speaking.
32.4 Where a ‘point of order’ is moved, consideration of the matter to which the motion was moved
shall be suspended. The Chairperson shall determine whether the point of order is upheld.
32.5 Notwithstanding anything contained in these Standing Orders to the contrary, all motions or
points of order at any time arising shall, until decided, suspend the consideration and decision
of every other matter.
33. Voting on a Motion
33.1 Before any matter is put to the vote, the Chairperson may direct the motion or amendment to
be read again by the Chief Executive Officer or other Council employee who is taking the
minutes of the meeting.
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33.2 The Chairperson will call for all Councillors in favour of the motion to indicate their vote for the
motion. The Chairperson will then call for all Councillors against the motion to indicate their
vote against the motion. The Chairperson shall declare the result of a vote once it has been
determined.
33.3 Councillors shall vote by a show of hands or as directed by the Chairperson.
33.4 The Chairperson shall declare the result of a vote as soon as it has been determined. The
names of Councillors voting in the affirmative and in the negative shall be recorded in the
minutes or meeting notes of Council meetings.
33.5 Except upon a motion to repeal or amend it, a resolution shall not be discussed after the vote
has been declared.
33.6 If a report contains distinct recommendations, the decision of Council may be taken separately
on each recommendation.
33.7 No Councillor may abstain from a vote, and where they do so it will be taken as a vote in the
negative.
33.8 Where a vote is tied between those in favour and those against, the Chairperson shall exercise
a casting vote.
34. Repealing or Rescinding Resolutions
34.1 A resolution of Council may not be amended or repealed unless notice of motion is given in
accordance with the requirements of the Local Government Act 2009 or the Local Government
Regulation 2012.
34.2 Councillors present at the meeting at which a motion to repeal or amend a resolution is put,
may defer consideration of that motion. Such deferral shall not be longer than three (3) months.
35. Questions
35.1 A Councillor may at a Council meeting ask a question for reply by another Councillor or an
officer regarding any matter under consideration at the meeting.
35.2 A question shall be asked categorically and without argument and no discussion shall be
permitted at the meeting of Council in relation to a reply or a refusal to reply to the question.
35.3 A Councillor or officer to whom a question is asked without notice may request that the question
be taken on notice for, or prior to, the next meeting.
35.4 A Councillor who asks a question at a meeting, whether or not upon notice, shall be deemed
not to have spoken to the debate of the motion to which the question relates.
35.5 The Chairperson may disallow a question which is considered inconsistent with an acceptable
request or good order, provided that a Councillor may move a motion that the Chairperson’s
ruling be disagreed with, and if such motion be carried the Chairperson shall allow such
question.
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Procedures for Standing Committee Meetings of Council
36. Presiding Officer
36.1 Council will choose the Chairperson for a Standing Committee meeting. This Chairperson will
preside over meetings of the Standing Committee.
36.2 If the Chairperson of a Standing Committee is absent or unavailable to preside, a Councillor
chosen by the Councillors present will preside over the Standing Committee meeting.
37. Agenda for Standing Committee Meetings
37.1 The Chief Executive Officer must ensure that an agenda is produced listing the items to be
discussed at the meeting.
37.2 The agenda must include -
a) items required under the Standing Orders to be included on the agenda; and
b) items that are by resolution of the Council required to be included on the agenda.
37.3. The Chief Executive Officer may include in the agenda any matter the Chief Executive Officer
considers should be brought before the meeting.
38. Order of Business for Standing Committee Meetings
38.1 The order of business may be altered for a particular meeting at the discretion of the
Chairperson.
38.2 Before proceeding with the business of the meeting, the Chairperson presiding at the meeting
may undertake any acknowledgements and/or greetings deemed appropriate by the
Chairperson.
38.3 Unless otherwise altered, the order of business shall be as follows:
a) Declaration of Opening
b) Attendance and Apologies
c) Confirmation of Minutes of Previous Meeting
d) Presentations
e) Deputations
f) Matters referred from other Committees (for General Committee only);
g) Officers’ Reports;
h) — matters;
38.4 Business not on the agenda shall not be considered at any Standing Committee meeting.
39. Confirmation of Minutes of Previous Meeting
39.1 The minutes of a preceding Committee meeting, not previously confirmed shall be taken into
consideration, at every Standing Committee meeting, in order that such minutes may be
confirmed.
39.2 No discussion shall be permitted with respect to the minutes except with respect to their
accuracy as a record of the proceedings.
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40. Presentations
40.1 The Chairperson may allow the Council to receive or provide acknowledgements, certificates,
awards and appreciation from the community or other entities. The Chairperson may allow the
Council to receive presentations from Council staff or other persons or entities.
41. Deputations
41.1 A deputation wishing to attend and address a Committee meeting shall apply in writing to the
CEO not less than seven (7) business days before the meeting.
41.2 The CEO, on receiving an application for a deputation shall notify the Chairperson who shall
determine whether the deputation may be heard. The CEO shall inform the deputation of the
determination in writing. Where it has been determined the deputation will be heard, a
convenient time shall be arranged for that purpose, and an appropriate time period allowed.
41.3 Where it has been determined that a deputation be heard, the deputation and topic of the
presentation must be included in the public agenda for the meeting.
41.4 For deputations comprising three or more persons, only three persons shall be at liberty to
address the Committee unless the Councillors at the meeting determine otherwise by
resolution. A deputation shall be given adequate opportunity to explain the purpose of the
deputation, generally no longer than 15 minutes unless decided otherwise by the meeting.
41.5 The Chairperson may terminate an address by a person in a deputation at any time where:
a) the Chairperson is satisfied that the purpose of the deputation has been sufficiently
explained to the Councillors at the meeting
b) — the time period allowed for a deputation has expired, or
c) — the person uses insulting or offensive language or is derogatory towards Councillors or
staff members.
d) ©amember of the deputation other than the appointed speakers interjects or attempts to
address the Council.
e) the person uses words or actions that discriminate or vilify based on a person’s race,
religion, sexuality or gender identity.
42. Non-member Participation in meeting
42.1 The Chairperson may allow a non-member to participate in the discussion of a particular item
of business before the Committee on conditions decided by the Committee.
43. Procedures for Making Determinations at Standing Committee
Meetings
43.1 Decision making at Council’s General Committee meetings is to be conducted in accordance
with sections 22 - 35 of these Standing Orders.
43.2 In the conduct of all other Standing Committee meetings of Council, the Chairperson has the
discretion to allow general discussion on a matter prior to consensus being reached and a
formal motion being moved and seconded. Should no consensus be reached by the Standing
Committee, the matter before the Standing Committee is to be referred to the General
Committee for determination.
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Maintenance of Good Order
44. Conduct During Meetings
44.1 Councillors will conduct themselves in accordance with the principles of the Local Government
Act 2009 and the standards of behaviour set out in the Code of Conduct. The Chairperson may
observe or be made aware of instances of possible unsuitable meeting conduct.
44.2 After a meeting of Council has been formally constituted and the business commenced, a
Councillor shall not enter or leave from such meeting without first notifying the Chairperson.
44.3 During Ordinary, Special and General Committee meetings, Councillors shall refer to each
other by their respective titles, “Mayor” or “Councillor’, and shall confine their remarks to the
matter then under consideration.
44.4 No Councillor who is speaking shall be interrupted except upon a point of order being raised
either by the Chairperson or by a Councillor.
44.5 When the Chairperson speaks during the process of a debate, the Councillor then speaking or
offering to speak shall immediately cease speaking, and each Councillor present shall
preserve strict silence so that the Chairperson may be heard without interruption.
44.6 Unless exempted by the Chairperson, Councillors shall stand and address the Chairperson at
Ordinary and Special meetings while moving any motion or amendment, seconding any motion
or amendment, taking part in any discussion, replying to any question or addressing the
Council for any other purpose. Only one person may stand at any one time.
45. Process for Dealing with Unsuitable Meeting Conduct by a Councillor
in a Meeting
The conduct of a Councillor is unsuitable meeting conduct if the conduct happens during a Council
meeting and contravenes a behavioural standard of the Code of Conduct for Councillors. When
dealing with an instance of unsuitable conduct by a Councillor in a meeting, the following procedures
must be followed:
45.1 The Chairperson must reasonably believe that unsuitable meeting conduct has been displayed
by a Councillor.
45.2 Ifthe Chairperson decides that unsuitable meeting conduct has occurred, the Chairperson may
consider the severity of the conduct and whether the Councillor has had any previous warnings
for unsuitable meeting conduct issued. If the Chairperson decides the conduct is of a serious
nature or another warning is unwarranted, refer to 45.7 for the steps to be taken.
45.3 If the Chairperson decides unsuitable meeting conduct has occurred but is of a less serious
nature, the Chairperson may request the Councillor take remedial actions such as:
a) ceasing the unsuitable meeting conduct and refraining from exhibiting the conduct;
b) apologising for their conduct;
c) withdrawing their comments.
45.4 If the Councillor complies with the Chairperson’s request for remedial action, no further action
is required.
45.5 If the Councillor fails to comply with the Chairperson’s request for remedial action, the
Chairperson may warn the Councillor that failing to comply with the request may result in an
order being issued.
45.6 If the Councillor complies with the Chairperson’s warning and request for remedial action, no
further action is required.
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45.7 If the Councillor still continues to fail to comply with the Chairperson’s request for remedial
action or the Chairperson decides a warning is not appropriate under 45.3, the Chairperson
may make one or more of the orders below:
a) | anorder reprimanding the Councillor for the conduct;
b) an order requiring the Councillor to leave the meeting, including any area set aside for
the public and stay out for the duration of the meeting.
45.8 If the Councillor fails to comply with an order to leave and stay away from the meeting, the
Chairperson can issue an order that the Councillor be removed from the meeting.
45.9 Following the completion of the meeting, the Chairperson must ensure:
a) details of any order issued is recorded in the minutes of the meeting
b) if it is the third (3') or more order made within a 12-month period made against a
Councillor, or the Councillor has refused to comply with an order issued to leave the
meeting, these matters are to be dealt with at the next meeting of the Council and treated
as inappropriate conduct
c) — the Council's Chief Executive Officer is advised to ensure details of any order made is
updated in the Council’s Councillor Conduct Register.
45.10 Any Councillor aggrieved with an order issued by the Chairperson can move a motion of
dissent for parts 45.1, 45.7 and 45.8.
46. Meeting Process for Dealing with Suspected Inappropriate Conduct
which has been Referred to a Local Government by the Independent
Assessor (IA)
Pursuant to Chapter 5A, Division 5 of the LGA (Referral of conduct to a local government) a referral
from the IA of inappropriate conduct or an instance of suspected inappropriate conduct may arise
from circumstances under section 45.9 b) of this document. When dealing with an instance of
suspected inappropriate conduct which has been referred to a local government by the IA:
46.1 The Council must be consistent with the local government principle of transparent and
accountable decision making in the public interest by dealing with suspected inappropriate
conduct in an open meeting of Council. However, where the matter may directly affect the
health and safety of the complainant due to the nature of the complaint, the Council may
resolve to go into closed session under section 254J of the Local Government Regulation 2012
to discuss the allegation.
46.2 The subject Councillor has a declarable conflict of interest in the matter and is permitted by the
Council to remain in the meeting during the debate about whether the Councillor engaged in
the inappropriate conduct and answer questions put to the subject Councillor by the
Chairperson to assist the other Councillors in making a decision. This permission to remain in
the meeting for the debate is on the condition that the subject Councillor must leave the place
where the meeting is being held, including any area set aside for the public, during the vote on
whether they have committed inappropriate conduct and what, if any, penalty to impose if the
Councillor is found to have committed inappropriate conduct.
46.3 Should the complainant be a Councillor, that Councillor may have a declarable conflict of
interest in the matter and if so, must follow the declarable conflict of interest procedures in
section 23. If the complainant Councillor who has a declarable conflict of interest, wishes to
remain in the meeting during the debate and vote on the matter, the other Councillors must
decide how to deal with the conflict of interest under section 23. The complainant Councillor
can be ordered to leave the meeting place or conditions may be applied to allow that Councillor
to participate in either the debate, the vote or the decision on any disciplinary action to be
applied.
Standing Orders for Council Meetings Page 21
Page 54 of 131Section 55
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Page 55 of 131
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
46.4 The Council must debate the issue and decide whether the accused Councillor engaged in
inappropriate conduct. If the Council has lost quorum due to the number of conflicted
Councillors or another reason, the matter must be delegated consistent with section 257 of the
Local Government Act 2009 or deferred to another date when a quorum will be present.
46.5 If a decision is reached that the accused Councillor has engaged in inappropriate conduct,
then the Councillors must decide what penalty or penalties from the orders detailed in 46.6, if
any, to impose on the Councillor. In deciding what penalty to impose, the Council may consider
any previous inappropriate conduct of the Councillor and any allegation made in the
investigation that was admitted, or not challenged, and that the Council is reasonably satisfied
is true.
46.6 The council may order that no action be taken against the Councillor or make one or more of
the following:
a) anorder that the Councillor make a public admission that the Councillor has engaged in
inappropriate conduct;
b) | anorder reprimanding the Councillor for the conduct;
c) an order that the Councillor attend training or counselling to address the Councillor's
conduct, including at the Councillor's expense;
d) anorder that the Councillor be excluded from a stated Council meeting;
e) anorder that the Councillor is removed, or must resign, from a position representing the
Council, other than the office of Councillor, for example that the Councillor is ordered to
resign from an appointment representing the Council on a State Board or Committee;
f) an order that if the Councillor engages in the same type of conduct again, it will be treated
as misconduct;
g) an order that the Councillor reimburse the Council for all or some of the costs arising
from the Councillor's inappropriate conduct.
46.7 ACouncil may not make an order that the Councillor attend training/counselling, be suspended
from a meeting, be removed or resign from a position or that the same conduct will be treated
as misconduct in future, in relation to a person who is no longer a Councillor.
46.8 The subject Councillor, and where relevant, the complainant Councillor, must be invited back
into the place where the meeting is being held once a decision has been made, and the
Chairperson must advise them of the details of the decision.
46.9 The Chairperson must ensure the meeting minutes reflect the resolution made.
47. Disorder
47.1 The Chairperson may adjourn the meeting of Council, where disorder arises at a meeting other
than by a Councillor.
47.2 Onresumption of the meeting, the Chairperson shall move a motion, which shall be put without
debate, to determine whether the meeting shall proceed.
47.3 Where such a motion is lost, the Chairperson shall declare the meeting closed, and any
outstanding matters referred to a future meeting.
Standing Orders for Council Meetings Page 22
Page 55 of 131Section 56
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Page 56 of 131
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Public Attendance
48. Attendance of Public and Media at Council Meetings
48.1 An area shall be made available at the place where any meeting of Council is to take place for
members of the public and representatives of the media to attend the meeting and as many
members of the public as reasonably can be accommodated in that area shall be permitted to
attend the meeting.
48.2 Members of the public are not permitted to bring signs or placards into the meeting venue.
48.3 Members of the public must not interrupt or obstruct the proper conduct of a Council meeting.
48.4 If a member of the public interrupts or obstructs the proper conduct of a Council meeting, the
Chairperson may ask the person to withdraw from the meeting place.
48.5 A person asked to withdraw from a meeting place under section 48.4 must immediately
withdraw from the place and remain away until the end of the meeting or for a lesser period
determined by the Chairperson.
48.6 If a person contravenes section 48.5, an authorised person may, at the request of the
Chairperson, exercise reasonable force to remove the person, and keep the person away from
the meeting place.
48.7 When the Council is sitting in Closed Session, the public and representatives of the media
shall be excluded.
48.8 No person shall operate any electronic or similar image, voice or camera recording device,
during any meeting of the Council or a Standing Committee without the prior approval of the
Chairperson. Where recording is approved, the Chairperson shall, before the commencement
of such meeting, or the commencement of such recording, announce to the Councillors present
that such approval has been granted.
Version Control
This policy is to remain in force until otherwise determined by Council.
Version Reason/ Trigger Change (Y/N) Endorsed/ Reviewed by Date
1.0 New Council 15/08/2019
2.0 Update to reflect new State legislation Y Council 19/11/2020
Standing Orders for Council Meetings Page 23
Page 56 of 131Section 57
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Page 57 of 131
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
ATTACHMENT 3
$2? Queensland bona
(ERY Government Sis it etic hk
[SLL
Model meeting procedures
Revised September 2020
Page 57 of 131Section 58
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Page 58 of 131
© State of Queensland, September 2020. Published by the Department of Local Government, Racing and Multicultural Affairs,
1 William Street, Brisbane Qld 4000, Australia.
re ]} Licence: This work is licensed under the Creative Commons CC BY 4.0 Australia Licence. In essence, you are
(cc) MF] = free to copy and distribute this material in any format, as long as you attribute the work to the State of
Ei Queensland (Department of Local Government, Racing and Multicultural Affairs) and indicate if any changes
have been made. To view a copy of this licence, visitfbtin/oreativecommons oralicensss/oy74.01
Attribution: The State of Queensland, Department of Local Government, Racing and Multicultural Affairs.
The Queensland Government supports and encourages the dissemination and exchange of information. However, copyright protects
this publication. The State of Queensland has no objection to this material being reproduced, made available online or electronically but
only if it is recognised as the owner of the copyright and this material remains unaltered.
The Queensland Government is committed to providing accessible services to Queenslanders of all cultural and linguistic
backgrounds. If you have difficulty understanding this publication and need a translator, please call the Translating and
Interpreting Service (TIS National) on 131 450 and ask them to telephone the Queensland Department of Local
Govemment, Racing and Multicultural Affairs on 13 QGOV (13 74 68).
Disclaimer: While every care has been taken in preparing this publication, the State of Queensland accepts no responsibility for
decisions or actions taken as a result of any data, information, statement or advice, expressed or implied, contained within. To the best
of our Knowledge, the content was correct at the time of publishing.
Any references to legislation are not an interpretation of the law. They are to be used as a guide only. The information in this publication
is general and does not take into account individual circumstances or situations. Where appropriate, independent legal advice should be
sought.
An electronic ~~ of this report is available on the Department of Local Government, Racing and Multicultural Affairs’ website at
2
Page 58 of 131Section 59
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Page 59 of 131
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5 1 1 1 27 4 2239 975 172 37 26 ee
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5 1 1 1 27 8 2596 968 30 19 36 a
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4 1 1 1 37 0 1987 1178 1365 27 -1
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5 1 1 1 47 7 2538 1432 4 15 62 :
5 1 1 1 47 8 2604 1431 4 16 77 :
4 1 1 1 48 0 2019 1440 1333 38 -1
5 1 1 1 48 1 2019 1451 14 16 6 2
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5 1 1 1 48 5 2255 1443 30 35 14 ok
5 1 1 1 48 6 2301 1443 83 35 25 ORS
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5 1 1 1 48 10 2604 1453 4 16 48 ;
5 1 1 1 48 11 3319 1440 33 33 95 >
4 1 1 1 49 0 1994 1463 613 24 -1
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5 1 1 1 49 4 2184 1473 16 4 7 a
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4 1 1 1 52 0 1987 1509 1365 41 -1
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5 1 1 1 52 3 2472 1531 136 16 8 gb}
5 1 1 1 52 4 3319 1511 33 26 89 m
4 1 1 1 53 0 1988 1542 1364 43 -1
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4 1 1 1 54 0 1988 1575 1364 40 -1
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Purpose of the model meeting procedures
The purpose of the model meeting procedures is to set out certain procedures to ensure the local
government principles are reflected in the conduct of council meetings, standing and advisory
committee meetings as defined in the Local Government Regulation 2012 (LGR) and the City of
Brisbane Regulation 2012 (COBR). However, model meeting procedures do not apply to meetings
of the council’s audit committee.
It is not intended that the model meeting procedures would deal with all aspects of meeting
conduct but only those required to strengthen public confidence in council to deal with the conduct
of councillors in meetings.
Background
As required under section 150F of the Local Government Act 2009 (the LGA) this document sets
out:
e the process for how a chairperson of a council meeting may deal with instances of unsuitable
meeting conduct by councillors, and
e the process for how suspected inappropriate conduct of a councillor referred to the local
government by the Independent Assessor (IA) is to be dealt with at a council meeting.
Application
A council must either adopt the model meeting procedures or prepare and adopt other procedures
for the conduct of its council meeting, standing and advisory committee meetings that are
consistent with the model meeting procedures. If there is any inconsistency, then the council is
taken to have adopted the model meeting procedures to the extent of the inconsistency.
If a council chooses to continue using existing standing orders, the council must review them to
ensure that they are consistent with the requirements of these model meeting procedures. To
assist council, the Department of Local Government, Racing and Multicultural Affairs (DLGRMA)
has published best practice standing orders that councils can choose to adopt.
A council must conduct its meetings in a manner that is consistent with either the model meeting
procedures or its own meeting procedures.
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Processes
1. Process for dealing with unsuitable meeting conduct by a councillor ina
meeting
The conduct of a councillor is unsuitable meeting conduct if the conduct happens during a council
meeting and contravenes a behavioural standard of is Gade Eicorckaei ie couies When
dealing with an instance of unsuitable conduct by a councillor in a meeting, the following
procedures must be followed:
1.1. The chairperson must reasonably believe that unsuitable meeting conduct has been
displayed by a councillor at a meeting.
1.2 If the chairperson decides the unsuitable meeting conduct has occurred, the
chairperson may consider the severity of the conduct and whether the councillor has
had any previous warnings for unsuitable meeting conduct issued. If the chairperson
decides the conduct is of a serious nature or another warning is unwarranted,
proceed to step 1.7.
1.3 If the chairperson decides unsuitable meeting conduct has occurred but is of a less
serious nature, the chairperson may request the councillor take remedial action such
as:
1.3.1. ceasing the unsuitable meeting conduct and refraining from exhibiting the
conduct
1.3.2 apologising for their conduct
1.3.3 withdrawing their comments.
1.4 If the councillor complies with the chairperson’s request for remedial action, no further
action is required.
1.5 If the councillor fails to comply with the chairperson’s request for remedial action, the
chairperson may warn the councillor that failing to comply with the request could
result in an order being issued.
1.6 If the councillor complies with the chairperson’s warning and request for remedial
action, no further action is required.
1.7 \f the councillor continues to fail to comply with the chairperson’s request for remedial
action or the chairperson decided a warning was not appropriate under 1.3, the
chairperson may make one or more of the orders below:
1.7.1. an order reprimanding the councillor for the conduct
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1.7.2 an order requiring the councillor to leave the meeting, including any area set
aside for the public and stay out for the duration of the meeting.
1.8 Ifthe councillor fails to comply with an order to leave and stay away from the meeting,
the chairperson can issue an order that the councillor be removed from the meeting.
1.9 Following the completion of the meeting, the chairperson must ensure:
1.9.1 details of any order issued is recorded in the minutes of the meeting
1.9.2. if itis the third or more order made within a 12 month period against a
councillor, or the councillor has refused to comply with an order issued to leave
the meeting, these matters are dealt with at the next meeting of the council and
treated as inappropriate conduct
1.9.3 the council’s chief executive officer (CEO) is advised to ensure details of any
order made is updated in the council’s councillor conduct register.
1.10 Any councillor aggrieved with an order issued by the chairperson can move a motion
of dissent for parts 1.1, 1.7 and 1.8 above.
Note: Chairpersons of a meeting are carrying out a statutory responsibility under the LGA and City
of Brisbane Act 2010 (COBA) to manage and lead the meeting. As such, where a chairperson
behaves inappropriately in a meeting, this involves a breach of the trust placed in them as the
chairperson of the meeting and may be dealt with as misconduct. The breach can be referred to
the Office of the Independent Assessor (OIA) to be dealt with. However, breaches of trust don’t
arise because councillors disagree with the chairperson’s decision or ruling during the meeting.
2. Meeting process for dealing with suspected inappropriate conduct which has
been referred to a local government by the IA
Pursuant to Chapter 5A, Division 5 of the LGA (Referral of conduct to local government) a referral
from the IA of inappropriate conduct or an instance of suspected inappropriate conduct may arise
from circumstances under paragraph 1.9.2 of this document.
In either case, the council must complete an investigation into the alleged conduct:
e consistent with any recommendations from the IA; and
e consistent with the council's investigation policy; or
e in another way decided by resolution of the council.
After the completion of the investigation, the council must decide in a council meeting, whether the
councillor has engaged in inappropriate conduct, unless it has delegated responsibility for this
decision under section 257 of the LGA or section 238 of the COBA.
When dealing with an instance of suspected inappropriate conduct which has been referred to a
council by the IA:
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2.1. The council must be consistent with the local government principle of transparent and
accountable decision making in the public interest by dealing with suspected
inappropriate conduct in an open meeting of the council. However, where the matter
may directly affect the health and safety of the complainant due to the nature of the
complaint, the council may resolve to go into closed session under section 254J of
the LGR or section 242J of the COBR to discuss the allegation.
2.2 The subject councillor has a declarable conflict of interest in the matter and is
permitted by the council to remain in the meeting during the debate about whether the
councillor engaged in the inappropriate conduct and answer questions put to the
subject councillor through the chairperson to assist the other councillors in making a
decision. The permission to remain in the meeting for the debate is on the condition
that the subject councillor must leave the place where the meeting is being held,
including any area set aside for the public, during the vote on whether they have
committed inappropriate conduct and what, if any, penalty to impose if the councillor
is found to have committed inappropriate conduct.
2.3. Should the complainant be a councillor, that councillor may have a declarable conflict
of interest in the matter and if so, must follow the declarable conflict of interest
procedures in section 4. If the complainant councillor who has a conflict of interest,
wishes to remain in the meeting during the debate and vote on the matter, the other
councillors must decide how to deal with the conflict of interest under section 4. The
complainant councillor can be ordered to leave the meeting place or conditions may
be applied to allow that councillor to participate in either the debate, the vote or the
decision on any disciplinary action to be applied.
2.4 The council must debate the issue and decide whether the subject councillor engaged
in inappropriate conduct. If the council has lost quorum due to the number of
conflicted councillors or another reason, the matter must be delegated consistent with
section 257 of the LGA or section 238 of the COBA or deferred to another date when
a quorum will be present.
2.5 If adecision is reached that the subject councillor has engaged in inappropriate
conduct, then the councillors must decide what penalty or penalties from the orders
detailed in 2.6, if any, to impose on the councillor. In deciding what penalty to impose,
the council may consider any previous inappropriate conduct of the councillor and any
allegation made in the investigation that was admitted, or not challenged, and that the
council is reasonably satisfied is true.
2.6 The council may order that no action be taken against the councillor or make one or
more of the following:
2.6.1 an order that the councillor make a public admission that the councillor has
engaged in inappropriate conduct
2.6.2 an order reprimanding the councillor for the conduct
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2.6.3 an order that the councillor attend training or counselling to address the
councillor’s conduct, including at the councillor’s expense
2.6.4 an order that the councillor be excluded from a stated council meeting
2.6.5 an order that the councillor is removed, or must resign, from a position
representing the local government, other than the office of councillor, for
example that the councillor is ordered to resign from an appointment
representing the local government on a state board or committee
2.6.6 an order that if the councillor engages in the same type of conduct again, it will
be treated as misconduct
2.6.7 an order that the councillor reimburse the council for all or some of the costs
arising from the councillor’s inappropriate conduct.
2.7 Alocal government may not make an order under 2.6.3; 2.6.4; 2.6.5; 2.6.6 in relation
to a person who is no longer a councillor.
2.8 The subject councillor, and where relevant, the complainant councillor, must be
invited back into the place where the meeting is being held once a decision has been
made, and the chairperson must advise them of the details of the decision.
2.9 The chairperson must ensure the meeting minutes reflect the resolution made.
3. Prescribed conflict of interest
Councillors are ultimately responsible for informing of any prescribed conflict of interest on matters
to be discussed at a council meeting, standing or advisory committee meeting (other than ordinary
business matters). When dealing with a prescribed conflict of interest, councillors must abide by
the following procedures:
3.1. A councillor who has notified the chief executive officer of a prescribed conflict of
interest in a matter to be discussed in a council meeting must also give notice during
the meeting.
3.2 Acouncillor who first becomes aware of a prescribed conflict of interest in a matter
during a council meeting must immediately inform the meeting of the conflict of
interest.
3.3. When notifying the meeting of a prescribed conflict of interest, the following details
must, at a minimum, be provided:
3.3.1 if it arises because of a gift, loan or contract, the value of the gift, loan or
contract
3.3.2 if it arises because of an application or submission, the subject of the
application or submission
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3.3.3 the name of any entity, other than the councillor, that has an interest in the
matter
3.3.4 the nature of the councillor’s relationship with the entity that has an interest in a
matter
3.3.5 details of the councillors and any other entity's interest in the matter.
3.4 The councillor must then leave the place of the meeting, including any area set aside
for the public, and stay away while the matter is being discussed and voted on, unless
the subject councillor has written notice from the Minister to participate in the matter.
3.5 Once the councillor has left the area where the meeting is being conducted, the
council can continue discussing and deciding on the matter at hand.
4. Declarable conflict of interest
Councillors are ultimately responsible for informing of any declarable conflict of interest on matters
to be discussed at council meetings, standing or advisory committee meetings that might lead to a
decision that is contrary to the public interest (other than ordinary business matters).
A councillor may raise their personal interests in a matter at the meeting to canvas the view of the
other councillors prior to deciding to declare a conflict of interest. If the other councillors suspect
the personal interest might be a conflict of interest, the councillor may disclose their suspicion and
the processes under section 150EW of the LGA or Section 177T of COBA applies.
When dealing with a declarable conflict of interest, councillors must abide by the following
procedures:
4.1 Acouncillor who has notified the chief executive officer of a declarable conflict of
interest in a matter to be discussed at a council meeting must also give notice during
the meeting.
4.2 Acouncillor who first becomes aware of a declarable conflict of interest in a matter
during a council meeting must inform the meeting of the conflict of interest.
4.3. When notifying the meeting of a declarable conflict of interest, councillors should
provide sufficient detail to allow the other councillors to make an informed decision
about how best to manage the declarable conflict of interest in the public interest. The
following minimum details must be provided:
4.3.1 the nature of the declarable conflict of interest
4.3.2 if it arises because of the councillor’s relationship with a related party:
i, the name of the related party to the councillor
il. the nature of the relationship of the related party to the councillor
iii. the nature of the related party’s interest in the matter
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4.3.3 if it arises because of a gift or loan from another person to the councillor or a
related party:
i. the name of the other person
ii. the nature of the relationship of the other person to the councillor or
related party
iii. the nature of the other person’s interest in the matter
iv. the value of the gift or loan and the date the gift or loan was made.
4.4 After a councillor has declared a conflict of interest, the councillor should consider
leaving the meeting while the matter is discussed unless they have reasons why their
participation would improve making the decision in the public interest.
4.5 If the councillor chooses not to leave the meeting, the councillor may advise the other
councillors of their reasons for seeking permission to participate in making the
decision.
4.6 The other councillors at the meeting must then decide, by resolution, whether the
councillor can participate in the decision making in relation to the matter, including
voting on the matter, or whether they should not participate in the decision and leave
the place of the meeting while the matter is decided by the non-conflicted councillors.
The non-conflicted councillors may impose conditions on the councillor under a
decision to either participate or leave the meeting e.g. may stay for the debate but
must leave for the vote. The councillor must comply with any decision or condition
imposed by the non-conflicted councillors
4.7 |In deciding on whether a councillor may participate in a decision about a matter in
which the councillor has a declarable conflict of interest, only councillors who do not
themselves have a prescribed or declarable conflict of interest in the matter are
eligible to participate in the decision making. The decision may be made even if the
number of those councillors is less than a majority or less than a quorum for the
meeting consistent with section 150ET of the LGA and section 177Q of COBA.
4.8 The councillor who is the subject of the decision may remain in the meeting while the
debate is occurring and can participate by answering questions from the chairperson
to assist the other councillors in making their decision. The subject councillor must not
vote or otherwise participate in making the decision but may remain in the meeting
while the vote on the matter takes place and the decision is declared by the
chairperson, on whether the councillor may remain in the meeting and participate in
deciding the matter in which the councillor has a declarable conflict of interest.
4.9 When deciding whether a councillor may participate in the decision making on a
matter in which they have a declarable conflict of interest, the other councillors should
consider the circumstances of the matter including, but not limited to:
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4.9.1 how does the inclusion of the councillor in the deliberation affect the public trust
4.9.2 how close or remote is the councillor's relationship to the related party
4.9.3 if the declarable conflict of interest relates to a gift or other benefit, how long
ago was the gift or benefit received
4.9.4 will the benefit or detriment the subject councillor or their related party stands to
receive from the decision have major or minor impact on them
4.9.5 how does the benefit or detriment the subject councillor stands to receive
compare to others in the community
4.9.6 how does this compare with similar matters that council has decided and have
other councillors with the same or similar interests decided to leave the meeting
4.9.7 whether the subject councillor has unique skills, knowledge or expertise that
might help make the best decision in the public interest.
4.10 If the non-conflicted councillors cannot decide about the declarable conflict of interest
of a councillor, they are taken to have decided that the councillor must leave and stay
away from the meeting while the non-conflicted councillors discuss and vote on the
matter.
4.11 A decision about a councillor who has a declarable conflict of interest in a matter
applies in relation to the councillor for participating in the decision, and subsequent
decisions, about the same matter unless there is a change to the councillor’s personal
interests and/or the nature of the matter being discussed. If the non-conflicted
councillors decide that the councillor can act in the public interest on the matter, then
the councillor may participate in the meeting and be involved in processes occurring
outside of a council meeting about the same matter e.g. briefing sessions or
workshops.
4.12 In making the decision under 4.6 and 4.9, it is irrelevant how the subject councillor
intended to vote on the issue or any other issue (if known or suspected).
4.13 A councillor does not contravene the above procedures if the councillor participates in
a decision under written approval from the Minister.
5. Reporting a suspected conflict of interest
5.1 If acouncillor at a meeting reasonably believes or suspects that another councillor
has a personal interest in a matter that may be a prescribed or declarable conflict of
interest, and that councillor is participating in a decision on that matter, the councillor
must immediately inform the chairperson of the meeting of their belief or suspicion,
and the facts and circumstances that led to their belief or suspicion.
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5.2 The chairperson should ask the relevant councillor with the suspected personal
interest whether they have any prescribed or declarable conflict of interest in the
matter. If the councillor agrees they have a conflict of interest, the councillor must
follow the relevant procedures above.
5.3 If the councillor believes they do not have a conflict of interest, they must inform the
meeting of that belief and their reasons for that belief.
5.4 The non-conflicted councillors must then decide whether the councillor has a
prescribed conflict of interest, a declarable conflict of interest or that the councillor
does not have a prescribed or declarable conflict of interest in the matter. If the
meeting decides the councillor has a conflict of interest, the councillor must follow the
relevant procedures above.
5.5 If the councillors cannot reach a majority decision then they are taken to have
determined that the councillor has a declarable conflict of interest.
6. Loss of quorum
6.1 In the event where one or more councillors leave a meeting due to a prescribed or
declarable conflict of interest in a matter that results in a loss of a quorum for deciding
the matter, the council must resolve to:
e delegate the consideration and decision on the matter, pursuant to section 257
of the LGA or section 238 of the COBA; or
e defer the matter to a later meeting
e not to decide the matter and take no further action in relation to the matter.
All councillors including the conflicted councillors, may participate in deciding to
delegate or defer a matter.
6.2 The council must not delegate a decision to an entity if the entity, or a majority being
at least half of its members, has a prescribed or declarable conflict of interest in the
matter.
6.3 If the matter cannot be delegated under an Act, the council should seek ministerial
approval for the councillors to be able to consider and vote on the matter, subject to
any conditions the Minister for Local Government may impose.
7. Recording prescribed and declarable conflicts of interest
When a councillor informs a meeting that they or another councillor have a prescribed or
declarable conflict of interest in a matter, the minutes of the meeting must record all of the relevant
details of how the conflict of interest was dealt with, being:
e the name of any councillor and any other councillor who may have a prescribed or declarable
conflict of interest
e the particulars of the prescribed or declarable conflict of interest provided by the councillor
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(ee
e the actions taken by a councillor after informing the meeting that they have, or they reasonably
suspect another councillor has a prescribed or declarable conflict of interest
* any decision then made by the eligible councillors
e whether the councillor with a prescribed or declarable conflict of interest participated in or was
present for the decision under ministerial approval
e the council’s decision on what actions the councillor with a declarable conflict of interest must
take and the reasons for the decision
e the name of each councillor who voted on the matter and how each voted
e Ifthe councillor has a declarable conflict of interest the following additional information must be
recorded in the minutes of the meeting when the meeting is informed of a councillor’s personal
interest by someone other than the councillor, the name of each councillor who voted in
relation to whether the councillor has a declarable conflict of interest, and how each of the
councillors voted
e where a decision has been made under section 4.6 above — the minutes must include the
decision and reasons for the decision, and the name of each eligible councillor who voted and
how each eligible councillor voted.
8. Closed meetings
Council meetings, standing and advisory committee meetings may resolve that a meeting be
closed to the public if its councillors consider it necessary to discuss any of the following matters:
e® appointment, dismissal or discipline of the CEO or, in the case of Brisbane City Council only,
for senior executive employees
e industrial matters affecting employees
e the council's budget
e rating concessions
e legal advice obtained by the council, including legal proceedings that may be taken by or
against the council
e® matters that may directly affect the health and safety of an individual or a group of individuals
® negotiations relating to a commercial matter involving the council for which a public discussion
could prejudice the interests of the council
e negotiations relating to the taking of land by the council under the Acquisition of Land Act 1967
¢ amatter that the council is required to keep confidential under a law of, or a formal agreement
with, the Commonwealth or state.
A council meeting, standing and advisory committee meeting cannot resolve that a meeting be
closed where the meeting is informed of a councillor’s personal interest in the matter by another
person and the eligible councillors at the meeting must decide whether the councillor has a
declarable conflict of interest in the matter.
Further, the meeting must not be closed if a quorum is lost due to the number of conflicted
councillors who leave the meeting and the council must;
e delegate the matter
e decide by resolution to defer to a later meeting
e decide by resolution to take no further action on the matter.
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(Op
None of the above will be considered, discussed, voted on or made during a closed session.
If a closed session includes attendance by teleconference, the councillor/s attending by
teleconference must maintain confidentiality by ensuring no other person can hear their
conversation while in the closed meeting.
To take a matter into a closed session the council must abide by the following:
8.1 Pass a resolution to close the meeting.
8.2 The resolution must state the matter to be discussed, an overview of what is to be
discussed and why the meeting should be closed while the matter is considered.
8.3 If the matter is known in advance, the agenda should clearly identify that the matter
will be considered in closed session, and an explanation of why it is deemed
necessary to take the issue into closed session must be stated.
8.4 Not make a resolution while in a closed meeting (other than a procedural resolution).
9. Teleconferencing meetings
9.1 If acouncillor wishes to be absent from a council meeting place during a meeting, the
councillor must apply to the chairperson to participate by teleconference, at least
three business days prior to the meeting or as soon as practicable once the councillor
becomes aware of their intended absence. The chairperson may allow a councillor to
participate in a council meeting, standing or advisory committee meeting by
teleconference.
9.2 Acouncillor taking part by teleconference is taken to be present at the meeting if the
councillor was simultaneously in audio contact with each other person at the meeting.
The attendance of the councillor must be recorded in the minutes as present at the
meeting.
Note: Teleconferencing includes the use of a telephone, video conferencing
equipment or other means of instant communication that allows a person to take part
in a discussion as it happens.
9.3 In order for councils to manage the safety rules during the COVID-19 pandemic,
changes have been added to the LGR and the COBR that will expire in June 2021.
These provisions allow the council:
e the option to conduct the entire council meeting via phone, teleconference or
video conference
e where possible, that they must provide streaming or other facilities so that the
public can observe or hear the meeting as it is happening, at one of the
council's public offices or on the council’s website
e chairperson the option to close the meeting on health and safety grounds to
protect participants or observers from risk of exposure to COVID-19.
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ATTACHMENT 4
| @ | NOOSA Council Policy
@ | COUNCIL COUNCILLOR COMPLAINT
INVESTIGATION POLICY
Corporate Plan Reference: | ‘Excellence as a Council’ |
| Endorsed by Council: | 20 December204819 November 2020
| Policy Author: | Director Executive ServicesChief Executive Officer
COUNCIL POLICY
1. Authority
This is Noosa Shire Council's Investigation Policy for how complaints about the inappropriate
conduct of Councillors will be dealt with as required by the section 150AE of the Local Government
Act 2009 (the LGA). However, this policy does not relate to more serious Councillor conduct.
2. Commencement
The investigation policy was adopted by Council resolution on 20-December2048-19 November
2020 and applies from that date.
3. Scope
This Investigation Policy applies to investigations and determinations of a complaint about the
alleged inappropriate conduct of a Councillor/s which has been referred by the Independent
Assessor.
4. Confidentiality
Matters of suspected inappropriate conduct of a Councillor are confidential except as otherwise
specifically provided for either in the LGA or this Investigation Policy.
Note: It must be kept in mind that the matter is an allegation only and not yet proven. Further, there
will be circumstances where the detail of the referral will need to remain confidential to the Local
| Government. Any release of senfidentiatinformation that a Councillor knows, or should reasonably
know, to be confidential to the local government may be contrary to section 171(3) of the LGA and
dealt with as misconduct.
5. Natural Justice
Any investigation of suspected inappropriate conduct of a Councillor/s must be carried out in
accordance with natural justice. An overview of the principles of natural justice follows.
“Natural justice" or procedural fairness, refers to three key principles:
e that the person being investigated has a chance to have his or her say before adverse formal
findings are made and before any adverse action is taken (fair hearing)
° that the investigator(s) should be objective and impartial (absence of bias), and
° that any action taken is based on evidence (not suspicion or speculation).
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A fair hearing means the Councillor who is the subject of the suspected inappropriate conduct matter
must be told of the case against them including any evidence and be provided with an opportunity
to put their case in writing with the investigation report provided to the Councillors as part of the
meeting agenda.
An absence of bias means that any investigation must not be biased or be seen to be biased in any
way. This principle embodies the concept of impartiality.
Ensuring Bdecisions are based on evidence requires that the investigation should not be based on
mere speculation or suspicion but instead must be based upon evidence material.
_A proper examination of all issues means the investigation must give a proper and genuine
consideration to each party’s case.
6. Assessor’s referral
The Council will receive from
the assessor a referral notice about the suspected inappropriate conduct of a Councillor/s. The
referral notice will include details of the conduct and any complaint received about the conduct, state
why the assessor reasonably suspects that the Councillor has engaged in inappropriate conduct,
and include information about the facts and circumstances that form the basis of the assessor's
reasonable suspicion.
The referral notice may be accompanied by a recommendation from the assessor about how the
local government may investigate or deal with the conduct. The recommendation of the assessor
may be inconsistent with this policy.
The investigation must be conducted in a way consistent with:
i any recommendation of the assessor
(ii) __ to the extent that this policy is not inconsistent with the recommendation of the assessor — this
investigation policy, or
(iii) in another way the local government decides by resolution.
A resolution under subsection (iii) must state the decision and the reasons for the decision.
7. Receipt of Assessor’s referral
On receipt of a referral notice about the suspected inappropriate conduct of a Councillor/s from the
Assessor, the Council’s Chief Executive Officer will forward a copy of that referral notice to the Mayor
and all Councillors, other than the Councillor who is the subject of the complaint, or the complainant
if the complainant is a Councillor, as a confidential document.
| Should the Mayor or a Councillor/s
disagree with any recommendation accompanying the Assessor’s referral notice or form the opinion
that the complaint should be dealt with in a way other than under this policy, the Mayor or Councillor
may request the matter be placed on the agenda of the next Council meeting for the Council to
decide, by resolution, -en-the appropriate process to investigate the complaint. Such a request must
be made in accordance with the Council's meeting procedure requirements.
8. Investigator
Unless otherwise resolved by Council, the Mayor will manage the investigation of suspected
inappropriate conduct of other Councillors.
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| If the suspected inappropriate conduct involves conduct_where, ‘hatin the circumstances, the Mayor
believes, it is in the best interests of the investigation to refer the matter for external investigation,
then the Chief Executive Officer mustmay refer the suspected inappropriate conduct to the President
of the Councillor Conduct Tribunal (the Tribunal) or another entity to investigate and make
recommendations to the Council about dealing with the conduct.
If the suspected inappropriate conduct involves an allegation about the conduct of the Mayor or the
Mayor as the complainant, then the Chief Executive Officer may refer the suspected inappropriate
conduct to the President of the Tribunal, or another entity, to investigate and make recommendations
to the Council about dealing with the conduct.
o—_srciiscaies abe, iecascuciohigs Llewce oe
o—the Mayoras the complainant then
9. Early resolution
Before beginning an investigation, the investigator pustshould consider whether the matter is
appropriate for resolution prior to the investigation. This consideration can includes any
recommendations made by the Assessor.
A matter is only appropriate for early resolution if the parties to the matter both voluntarily agree to
explore early resolution.
_The investigator may engage an independent person with suitable qualifications or experience to
facilitate this process.
If the matter cannot be resolved, the matter will then be investigated as outlined in this Investigation
Policy.
If the matter is resolved prior to investigation, the investigator will advise the Chief Executive Officer
of this outcome. In turn, the Chief Executive Officer will advise the Mayor (if the Mayor is not the
investigator) and all Councillors that the matter has been resolved. The Chief Executive Officer will
also update the Councillor Conduct Register to reflect this.
10. Timeliness
The investigator will make all reasonable endeavors to complete the investigation and provide a
report for inclusion on the agenda of a Council meeting no more than eight weeks after the receipt
of the complaint.
Note: If the investigator is of the opinion that it may take longer than eight weeks to complete the
investigation, the matter should be raised with the Mayor (if the Mayor is not the investigator) to seek
an extension of time.
11. Assistance for investigator
If the Mayor, or another Councillor appointed by Council resolution, is the investigator of a matter of
suspected inappropriate conduct, the Mayor or Councillor may use section 170A of the LGA to seek
assistance during the investigation.
The Mayor is authorised by Council to expend money as reasonably needed to engage contractors
in accordance with the Council's procurement policy.
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12. Possible misconduct or corrupt conduct
If during the course of an investigation the investigator obtains information which indicates a
Councillor/s may have engaged in misconduct, the investigator must cease the investigation and
advise the Chief Executive Officer. The Chief Executive Officer will then notify the Assessor of the
possible misconduct.
If during the course of an investigation, the investigator obtains information which indicates a
Councillor/s may have engaged in corrupt conduct, the investigator must cease the investigation and
advise the Chief Executive Officer. The Chief Executive Officer will then notify the Crime and
Corruption Commission of the possible corrupt conduct.
Instances of suspected misconduct or corrupt conduct may be referred back to the Council if
determined by the Assessor or Crime and Corruption Commission to be inappropriate conduct.
13. Completion of investigation
On the completion of an investigation, the investigator will provide a report to the Council outlining
as appropriate:
° the investigation process;
° any witnesses interviewed;
° documents or other evidence obtained;
° a statement of the relevant facts ascertained;
° confirmation that the subject Councillor has been provided with an opportunity to respond to
the complaint and the evidence gathered:
° the investigation findings;
° a statement of any relevant previous disciplinary history;
° any recommendations about dealing with the conduct;
° a record of the investigation costs.
If there is a risk to the health and safety of the complainant, under s 254J of the LGR the Council
may resolve that the meeting be closed to the public for the Councillors to consider the investigation
report and any recommendations.
The Council (with the exception of the Councillor the subject of the investigation and the complainant,
if another Councillor) will consider the findings and recommendations of the investigator's report and
decide whether the Councillor has engaged in inappropriate conduct and, if so, what action it will
take under section 150AH of the LGA. In accordance with s275(3) of the LGR, the resolution in
relation to what action is to be taken as a result of the investigation must be made after the meeting
has been re-opened to the public and the decision recorded in the meeting minutes. The Chief
Executive Officer is also required to ensure the details are entered into the Councillor Conduct
Register.
y ? ws _ Se - = =s ae
the LGA.
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14. Disciplinary action against Councillors
If the Council decides at the completion of the investigation that the Councillor has engaged in
inappropriate conduct, the Council may:
(i) _ order that no action be taken against the Councillor, or
(ii) | make an order outlining action the Councillor must undertake in accordance with section
150AH(1)(b) of the LGA.
44.15. Notice about the outcome of investigation
After an investigation is finalised, the Council must give notice about the outcome of the investigation
to the person who made the complaint about the Councillor/s’ conduct that was the subject of the
| investigation_and the subject Councillor/s.
45.16. Councillor conduct register
The Counsi's-Chief Executive Officer must ensure decisions about suspected inappropriate conduct
of a Councillor/s paustare be-entered into the Councillor Ceonduct Rregister.
Where a complaint has been resolved under section +0-9 of this policy, or otherwise withdrawn by
the complainant, the Chief Executive Officer will update the register to reflect that the complaint was
withdrawn.
416.17. Expenses
Council must pay any reasonable expenses of Council associated with the infermateary-resolution
etinvestigation of suspected inappropriate conduct of a Councillor including any costs of:
° the pPresident of the Tribunal in undertaking an investigation for Council
° an independent investigator engaged on behalf of, or by the Tribunal
° an independent investigator engaged on behalf of the local government
: ~ ‘gation Poli
° travel where the investigator needed to travel to undertake the investigation or to interview
witnesses
° seeking legal advice
° engaging an expert.
Note: Council may order the subject Councillor reimburse it for all or some of the costs arising from
| the Councillor's inappropriate conduct.
Any costs incurred by complainants or the subject Councillor/s will not be met by Council.
4418. Definitions
Assessor means the Independent Assessor appointed under section 150CV of the LGA
Behavioural standard means a standard of behaviour for Councillors set out in the Code of Conduct
| for Councillors in Queensland approved under section 150E of the LGA
Conduct includes—
(a) failing to act; and
(b) aconspiracy, or attempt, to engage in conduct
Councillor conduct register means the register required to be kept by Council as set out in section
150DX of the LGA
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Inappropriate conduct see section 150K of the LGA
Investigation Policy, refers to this policy, as required by section 150AE of the LGA
Investigator means the person responsible under this Investigation Policy for carrying out the
investigation of the suspected inappropriate conduct of a Councillor or Mayor
LGA means the Local Government Act 2009
Local government meeting means a meeting of—
(a) alocal government; or
(b) acommittee of a local government.
Misconduct see section 150L of the LGA
Model procedures see section 150F of the LGA
Referral notice see section 150AC of the LGA
Tribunal means the Councillor Conduct Tribunal as established under section 150DK of the LGA
Unsuitable meeting conduct see section 150H of the LGA
; canis Reason/ Trigger Change (Y/N) Endorsed/ Reviewed by Date
| 2.0 Update ¥' Council 19/41/2020
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SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
| @ | NOOSA Council Policy
@ | COUNCIL COUNCILLOR BRIEFING
SESSIONS AND WORKSHOPS.
(Non Statutory Meetings)
POLICY
Corporate Plan Reference: | Excellence as a Council
Endorsed by Council: | 19 November 2020
Policy Author: | Chief Executive Officer
POLICY BACKGROUND
The purpose of this Policy is to provide direction for managing Councillor Briefing Sessions and
Workshops and to establish protocols for the conduct of non-decision making forums, which create
an opportunity for:
° Councillors and staff to discuss matters and obtain and exchange information
° Councillors to otherwise inform themselves as to:
° key Council projects and initiatives
° the ongoing operations of Council
° explore ideas and concepts for future plans and strategies
° training and information sessions about Councillor roles and responsibilities and other
Council matters
° information presented by government agencies, community representatives or the like.
COUNCIL POLICY
Intent
1. There are no formal decisions made at Councillor Briefing Sessions and Workshops.
2. Any matters requiring a Council decision (i.e. matters not able to be dealt with by delegated
authority or administratively) will be considered by Council through the normal Standing
Committee and Ordinary Meeting processes.
Ownership and Requirements
3. Councillor Briefing Sessions and Workshops will be managed by the CEO in consultation with
the Mayor.
4. There will be no formal minutes, recommendations or actions as these are not decision making
forums. Recording of Councillor Briefing Sessions and Workshops will be limited to note taking
regarding:
a) Attendance
b) Declarations of Interest
Key priorities explored are to be noted by the relevant staff and/or Councillors. Notes will be
retained for reference only and will not be distributed to Councillors, staff or the public.
5. Councillor Briefing Sessions and Workshops are generally held weekly on a Thursday but
additional sessions will be held as required.
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Participants
6. Councillor Briefing Sessions and Workshops are generally attended by all Councillors, the
CEO and relevant Directors, Managers or staff who are the subject matter experts in an item
on the program.
7. Councillor Briefing Sessions and Workshops are closed to the public, as they are not legislated
decision-making forums.
8. External persons may attend Councillor Briefing Sessions and Workshops upon invitation.
Ethical Standards
9. No delegated authority from Council exists at the Councillor Briefing Sessions and Workshops.
10. No decisions or implied decisions that bind the Council are to be made.
11. Councillors and staff will be respectful of each other.
12. Councillor Briefing Sessions and Workshops are to be treated as confidential.
13. During a briefing session or workshop Councillors must declare interests on any matters being
discussed in accordance with the relevant provisions of the Local Government Act 2009. This
requirement recognises that discussions at briefings and workshops may influence Councillors
when deciding a matter at a Council meeting.
° A Councillor who has a Prescribed Conflict of Interest in a matter to be addressed ina
briefing or workshop cannot attend the meeting for that agenda item.
° A Councillor who has a Declarable Conflict of Interest in a matter to be addressed in a
briefing or workshop cannot attend the meeting for that agenda item unless the local
government has previously approved their participation in that matter under the
provisions of the legislation.
Where practicable, all interests are to be declared in writing to the Chief Executive Officer prior
to the briefing or workshop by completing the appropriate declaration of interest form for non-
statutory meetings. Councillors are still required to declare these interests at the briefing or
workshop. This will ensure that a transparent and effective process is maintained and the
ethical and legal behaviour of Councillors and local government employees is upheld.
RELEVANT LEGISLATION
° Local Government Act 2009
° Local Government Regulation 2012
° Right to Information Act 2009
° Information Privacy Act 2009
e Councillor Code of Conduct
° Employee Code of Conduct
: ‘Gaon Reason/ Trigge Change (Y/N) Endorsed! Reviewed by Date
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6 REPORTS FOR NOTING BY THE COMMITTEE
5 CORPORATE SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2020-21
DOCUMENT INFORM AT ION
Author Director Corporate Services, Michael Shave
Corporate Services Department
Index ECM/ Subject/ Branch Management/ Corporate Services
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Director Corporate Services to the Services & Organisation
Committee Meeting dated 10 November 2020 providing a Corporate Services Department
update for the period 1 July 2020 – 30 September 2020.
REPORT
The adopted organisation structure includes the following branches under the Corporate Services
Department:
Financial Services;
ICT;
Procurement;
Fleet;
Property; and
Revenue Services.
Corporate Services primarily provides internal support to the other Council Departments, with the
exception of the Property branch that deals primarily with land and property management issues.
This report provides a brief summary regarding recent performance, current priorities and future
initiatives for the department.
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CORPORATE SERVICES DEPARTMENT
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Financial Services
Business As Usual Activities 2020/21 budget adopted at Special Finalisation of budget review 2. Continue to monitor COVID-19
Meeting 10 July 2020. 2019/20 year end statutory reports budget impacts.
Budget review 1 adopted 17 August finalised ready for adoption by Development of the 2021/22 budget
2020. Council. plan and proposed community
Queensland Audit Office (QAO) year Finalise state government engagement process.
end audit completed for the 2019/20 consolidated data return for 2019/20. Commence scope and tenders for
year. Branch and risk plan updates and 2020/21 comprehensive valuation of
staff performance appraisals. parks & other infrastructure assets.
Review issues identified during
external and internal audits to
improve Council’s internal controls.
ICT
Business as Usual activities New email monitoring system Evaluation of the tender for Printer replacement and
providing improved filtering and managed ICT services and rationalisation.
training when opening email links. associated changes. Upgrading to the latest 2020B
No system security breaches during Supporting staff working at home TechnologyOne software.
the period. during COVID-19. Online aerial imagery update into
Online mapping provided for the Microsoft Teams internal rollout. online mapping.
climate change adaptation plan, Branch and risk plan updates and
biodiversity and fire management. staff performance appraisals.
Upgraded the Noosa Lock and Weir
system software improving security
and support including remote access
by staff and outage monitoring.
Procurement
Business as Usual activities Departmental Purchasing Officers Provide ongoing procurement Ongoing investigation/development
network monthly meetings continue. support across Council. of systems including VendorPanel,
Ongoing assistance in coordinating 2020/21 capital program and T1, e-document signing products,
/advising on evaluation of Tenders – associated tenders/procurement (Contracts Module and e-Probity)
including facilitating moderation processes. Continue to manage and monitor
sessions where required. Branch and risk plan updates and recovery plan and remote working.
COVID recovery plan implemented staff performance appraisals.
for team with rotations into the office
now in place.
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BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Fleet
Business as Usual activities GPS quotation issued and under Continue to provide ongoing support Implement GPS system in vehicles
evaluation. across Council during COVID-19. and plant.
Monthly Fleet Advisory group meetings Finalise GPS system procurement. Ongoing maintenance and repairs for
continue to discuss and manage all Finalise new Fleet Coordinator fleet and small plant.
fleet matters. recruitment and onboarding. Schedule remainder of fleet capital
Continue to purchase and supply Schedule remainder of fleet capital replacement program for delivery in
COVID PPE products. replacement program for delivery in 2020/21.
Commenced recruitment process for 2020/21.
new Fleet Coordinator. Branch and risk plan updates and staff
performance appraisals.
Property
Business as Usual activities Work Health and Safety Hazard Continue to work with holiday park North Shore Campground – finalisation
Inspections completed for Lifeguard managers to manage COVID-19 of tender documents for new
towers and holiday parks. pandemic impacts. management services agreement.
Various high use permit and temporary Developing application guidelines to Noosa River Holiday Park –
event applications decided. assist event organisers to lodge event preparation of procurement
Issued Commercial Low Use and applications. documentation for installation of site
Street Performance Permit Renewals. Continue to work with lessees to powerheads and metering software
Implementation of rent abatement quantify COVID-19 pandemic impacts Progress capital works projects and
package for eligible commercial and respond as required. operational maintenance on
lessees. Branch and risk plan updates and staff community properties for 2020/21.
Executed community tenure performance appraisals. Ongoing assessment of applications
agreements: and permits for use of Council owned
o Peregian Beach Community House or managed land.
o Cooroora Woodworkers
o Cooroy Gymnastics.
Revenue Services
Business as Usual activities Issue of July 2020 rate levy. Recommence recovery action for Undertake pre-levy pensioner
Issue of reminder notices at conclusion those properties with large pre-COVID verification.
of levy period rate arrears Perform test rate run for January 2021
Completed Sept quarter returns for Processing of agency payments and levy.
State Emergency Management Levy & direct debit payments. Complete State and Rural Fire Returns
State pensioner concession scheme. Processing of property transfers and as at end of December.
Responded to customer queries re July new plans. Continued maintenance of property
levy & reminder notices in required database, incl payments & searches.
time frames.
Page 81 of 131
Section 82
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
Previous Council Consideration
Nil.
Finance
Current business as usual activities and projects of the department are funded within the current
adopted budget.
Risks & Opportunities
Periodic reporting of departmental performance allows Council to fulfil their governance
responsibilities and ensures transparency within the organisation and to the community.
Consultation
External Consultation - Community & Stakeholder
Nil.
Internal Consultation
Nil.
Departments/Sections Consulted:
Chief Executive Officer Community Services X Corporate Services
Executive Officer Director X Director
Executive Support Community Development X Financial Services
Community Facilities X ICT
Libraries & Galleries X Procurement & Fleet
Local Laws X Property
Waste & Environmental Health X Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service Development Assessment Buildings and Facilities
Governance Economic Development Civil Operations
People and Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design and Delivery
Page 82 of 131
Section 83
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
6 COMMUNITY SERVICES DEPARTMENT UPDATE - 1ST QUARTER 2020-21
DOCUMENT INFORM AT ION
Author: Director Community Services, Kerri Contini
Community Services Department
Index: ECM/ Subject/ Branch Manager/ Community Services
Attachments Nil
EXECUTIVE SUMMARY
Not applicable.
RECOMMENDATION
That Council note the report by the Director Community Services to the Services & Organisation
Committee meeting dated 10 November 2020 providing an update on the operations of the
Community Services Department for the period 1 July 2020 to 30 September 2020.
REPORT
The adopted organisation structure includes the following branches under the Community
Services Department:
Director’s Office;
Community Development and Community Grants;
Community Facilities (Including Noosa Community Support, The J, Bicentennial
Community Centre, Noosa Aquatic Centre and Noosa Leisure Centre);
Libraries and Galleries;
Local Laws: and
Waste, Environmental Health and Cemeteries.
This report provides a brief summary regarding recent performance, current priorities and future
initiatives for the Community Services Department for the period 1 July 2020 to 30 September
2020.
Page 83 of 131
Section 84
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
COMMUNITY SERVICES DEPARTMENT
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
DIRECTOR’S OFFICE
Rufous St Precinct Development Tender documentation completed for Evaluating tender submissions for Award contract
the new Peregian Beach Community Community House, carpark and Complete draft concept plans for
House and carpark landscaping conversion of existing Community
Tender submission period Seeking extension on BBRF grant House to extension of Digital Hub
conducted timeframe Recommend resolution of
Landscape concept plan drafted outstanding Ri-Con claims
Disaster Recovery Disaster Evacuation Centre training Working with community to deliver 1 Develop further events and activities
and exercise completed year anniversary community that build community resilience and
Community engagement conducted events/activities at Cooroibah and help prepare for disaster events
to determine community need North Shore bushfire affected areas Deliver 1-year anniversary events in
around bushfire recovery - event to build community resilience November & December at
Development of a Community and disaster preparedness Cooroibah and Noosa North
Development Bushfire Recovery Organise bushfire risk management Shore/Teewah
Plan for a 2-year period completed, workshop with North Shore and Deliver community risk management
outlining areas of need for human Teewah communities workshop at Noosa Northshore
social recovery Continue work on Emergency Action Finalise and launch the Emergency
Recruited Community Development Guide (all hazards): a Action Guide
Officer Recovery position comprehensive guide for residents Finalise and launch the opt-in
Coordinated and delivered a 1-year that is Noosa specific emergency alert system for
bushfire anniversary event at Working with Guardian web residents
Peregian Beach in partnership with developer to create an opt-in feature Host mental health first aid training
local community for the Disaster Dashboard that for key community members
Organised and delivered Mental alerts residents of hazards and Host specific mental health recovery
Health First Aid Training for 20 emergencies locally training for key community recovery
frontline staff that work in disaster Work with fire affected areas to roles within Council
recovery assist vulnerable residents and Meet with rural communities to
Developed the Connecting Noosa community groups in their recovery discuss disaster recovery and
program, providing free community and resilience management needs
activities that assist recovery from Coordinate Mental Health First Aid Host the quarterly Aged Care
bushfires and COVID 19 training for identified key community Retirement Sector reference group
Continued work with the formed members/representatives s to better regarding disaster preparedness and
Aged Care/Retirement forum to assist in disasters and recovery resilience
discuss bushfires and disaster Coordinate specific Mental Health Continue to deliver on the
preparedness as a community and training in partnership with SCHHS community recovery plan
sector Continue to support those (Mental Health Unit) specific to staff Continue to develop programs,
Page 84 of 131
Section 85
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
residents affected by the recent fires that work in disaster recovery activities and events that activate
Worked with Disaster Management (continuing from Mental Health First community and encourage social
officer to launch Get Ready week Aid Training held in July/Aug 2020) inclusion post COVID-19 and
Working with communities that Bushfires - Connecting Noosa
require assistance with disaster
preparedness and management eg
Boreen Point, Kin Kin and Cooran
COMMUNITY DEVELOPMENT
Social Strategy Implementation Supported vulnerable Individuals Ongoing Covid-19 Recovery efforts Investigate potential for growth of
and Not-for-Profit organisations with Supporting social service agencies senior's health and wellbeing
vulnerable members in delivery of emergency relief program (Ageing Well Noosa)
Participated in local activities services Complete concept designs for the
supporting people at risk e.g. Social Services HUB operating with Cooroy gymnastics hall and
women’s homelessness session limited service providers - Hair Aid soccer/cricket clubhouse
facilitated by Sandy Bolton MP; added as new 6 weekly service redevelopment project
launch of YouTurn (formerly known Facilitate discussions and coordinate Progress tenure of Tewantin-Noosa
as United Synergies) and Youth collaborative Noosa Shire appeal for Lions
Justice Conference for young people Christmas support for vulnerable Investigate youth “Passion
with graffiti and vandalism offences people in partnership with social Mentoring” program in partnership
Hosted Sunshine Coast Youth service agencies with Digital Hub
Network at Digital Hub with Coordinate Council and partner Provide Pomona Men’s Shed &
workshop on Tech pathways for agencies support of 16 Days of Federal Hall with assistance in
young people Activism saying no to Domestic & strategic planning and governance
Grow Your Arts E-News going out Family Violence support
monthly and Community Connect e- Continue to investigate opportunities Conduct audit of school
news going out fortnightly since for proposed Tiny Houses for youth infrastructure for community sport
March 2020 updating community on transitional housing with YouTurn & use
COVID issues and assistance in St Vincent de Paul Deliver Grow Your Arts workshop
community Ongoing participation in Place- program
Progressed tender process for Based Response to Homelessness
construction of new SHINE house Ongoing Community Meal Delivery
Launched a new Ageing Well Noosa Program in partnership with Oz
class at Peregian Beach Community Harvest and Urban Angels
House Facilitate Halls & Community
Collaborated with Noosa Aquatic Centres Meet Up #2 hosted by
Centre to host a 10 week Ageing Pomona Memorial Hall
Well Noosa introduction aqua fitness Ongoing promotion and maximising
program for seniors
Page 85 of 131
Section 86
SERVICES & ORGANISATION COMMITTEE MEETING AGENDA 10 NOVEMBER 2020
BRANCH ACTIVITIES RECENT ACHIEVEMENTS CURRENT PRIORITIES THE NEXT QUARTER
Coordinated and delivered a attendance at Ageing Well Noosa
program of activities and events in classes in collaboration with Noosa
QLD Seniors Week 2020 Community Support and Noosaville
Worked with Noosa Pirates Rugby Leisure Centre
League Club on concept plans for Progress detailed design of the
the ReGen Community Hub Noosa District Sports Complex
Partnered with Creative Arts Alliance internal road
in the Plug In Online Music Continue to progress Works for Qld
Development program and Unite & Recover funded projects
Delivered 3 week Come and Try Liaise with local schools to identify
adults' calendar of events to opportunities for community use and
encourage adults to be healthy and sports infrastructure development
active Finalise 2020-21 Grow Your Arts
Assisted with launch of Noosa workshop program
Rugby League and Noosa Touch Partner with Sunshine Coast
lighting project Creative Alliance on Connector
program
Council Community Grants Program Undertake Community Alliance Finalising Multi-year Signature, Hall Run Round 15 3/3-14/4/21 -
including RADF meetings with all recipients and and Sports Field Maintenance, Community and Environment Project
assess acquittals Alliance and Emergency Services Grants and RADF
Closed Community Project Round grants for 2020-2021 Manage RADF assessment and
13, assessed and lodged report to Launched RADF Round 14 (open allocation of grants
Council for final decision on funding 20/10/20 - 23/11/20)
recommendations Support community organisations
Disaster Resilience and Recovery and service organisations with
Grant Round payments made and Council and external grant
donated products packaged and applications, prioritising those that
delivered aid community recovery and
Prepared annual report for Qld Arts - resilience
RADF 2020-21 Funding agreement Receive and assess variations to
and 2019-20 Annual Report Festive Events from Multi-year
(September) Festive Season Event Grant
recipients
Prepare Round 15 Community and
Environment Project Program, and
RADF Grant Rounds ready to run
early 2021
Page 86 of 131
The text continues on section 87.