2019-08-06 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                                   6 AUGUST 2019


Proposed reforms
   There are a number of reforms being proposed in relation to Councillor briefing sessions.
     This will be the first time that there will be any legislative reference to workshop/forums etc.
     The following issues are being considered by the State government:
     o     Making clear via legislation that no decisions can be made in in such
           workshops/forums (we already apply this in our current Council workshop / forums).
           The intent of the proposed legislative reforms is to make clear that briefing sessions
           are intended for sharing information and feedback, not decision-making but it also
           recognises that they have an important role in the effective functioning of a local
           government.
     o     Making clear that a Councillor who has a prescribed conflict of interest cannot attend
           a workshop/ briefing i.e. confirming that conflict of interest provisions still apply in
           these scenarios. Our Council already excludes any Councillor who has a Material
           Personal Interest in a matter from a workshop / forum where such a conflict exists
           and either the CEO or Mayor make an appropriate file note that that has occurred for
           future reference.
     o     Introducing a new provision that a Councillor who has a declarable conflict of interest
           (presently called a real or perceived conflict of interest) cannot attend a
           workshop/forum unless the Council has previously approved their participation. This
           will be slightly different to what our Council currently does. If a Councillor currently
           attends a workshop/forum where there is this type of conflict of interest, we use the
           same process as Council meetings to determine whether or not the Councillor should
           leave the workshop/forum or remain. The CEO or Mayor then make an appropriate
           file note on what has occurred.
     o     The proposed legislative reform will require us to change the way in which we
           manage our workshops/forums. Depending upon how the government introduces
           these reforms, it would require a Council decision in the month before any
           workshops/forum on any identified conflicts of interest. This is one aspect we will
           need to look further at once the legislative detail is available to see how it might
           impact on how we operate our workshops/forums. There is simply not enough
           certainty yet to change our current approach.
     o     There is nothing in the government proposals about making these workshops /
           forums open meetings.

5.    Financial Management Issues
Current requirements
    There are currently extensive financial management requirements in the Local Government
      Act and Regulation.
Proposed reforms
    There are proposed requirements for a local government to consult with the community in
      the preparation of the budget. No details are yet available as to what form that would take
      but Mayor Wellington has already flagged that our Council’s 2020/21 budget will include
      more community participation in the budget process.
    A proposal to require the CEO to certify that the budget complies with all legislative
      requirements. It is understood that this is being proposed due to a number of successful
      legal challenges against other local governments’ budgets based on technical compliance
      issues. In our Council’s case, all of our budget resolutions etc are reviewed by Council’s
      lawyers for compliance prior to adoption.
    A proposal to review how special rates and charges apply to canal works and canal
      maintenance. This has been an issue for some other councils (primarily Redland Shire
      Council) and may have implications for our Council for the Noosa Waters Estate depending
      upon the details of the proposed changes.

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