2017-11-07 Services & Organisation Committee Agenda

SERVICES & ORGANISATION COMMITTEE MEETING AGENDA                               7 NOVEMBER 2017


       (3)    The competition policy guidelines is the document called ‘National Competition Policy
              Guidelines for conducting reviews on anti-competitive provisions in local laws’,
              version 1, made by the department.
Once delegated to the CEO, the relevant powers may be on-delegated by the CEO to a relevant
Council Officer or contractor.
A copy of the prescribed National Competition Policy Guidelines is provided at Attachment 2 for
Council’s reference. This guideline will be followed by the organisation when reviewing the anti-
competitive provisions contained in the proposed local laws, which were proposed to be made by
Council at the Ordinary Meeting 19 October 2017:
     Local Law No. 7 (Waste Management) 2017;
     Administration and Other Local Laws (Amendment) Local Law (No.1) 2017; and
     Administration and Other Subordinate Local Laws (Amendment) Local Law (No.1) 2017.
Once conducted, the relevant public interest test for the above proposed local laws will be
brought to Council for consideration. The review of the proposed Waste Management local law
will be conducted separately to the amending local laws.

Previous Council Consideration
At the Ordinary Meeting 19 October 2017, Council proposed to make:
    Local Law No. 7 (Waste Management) 2017;
    Administration and Other Local Laws (Amendment) Local Law (No.1) 2017; and
    Administration and Other Subordinate Local Laws (Amendment) Local Law (No.1) 2017.
Finance & Risk
Failing to appropriately delegate the relevant powers under the Act and Regulation with respect
to the public interest testing process would expose Council to a risk that the public interest test
and consultation process were considered invalid on the grounds that the authority to conduct the
process was not appropriately delegated from Council.
Consultation
External Consultation - Community & Stakeholder
King and Company Solicitors have provided advice and confirmed that the relevant powers under
the Act and Regulation are required to be delegated in order to ensure Council’s Local Law
Making Process is effective.
Internal Consultation
Council’s Governance Advisor has consulted with the Manager of Waste and Environmental
Health and Director of Corporate Services.
Departments/Sections Consulted:

     Chief Executive Officer   x   Community Services                      Corporate Services
     Executive Officer             Community Development                   Financial Services
     Executive Support             Community Facilities                    ICT
                                   Libraries & Galleries                   Procurement & Fleet
                                   Local Laws                              Property
                               x   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




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