2021-03-02 Special Meeting Agenda

SPECIAL MEETING AGENDA                                                                   2 MARCH 2021


Risks
•     Ongoing criticism from business associations, tourism groups and event organisers because
      Category 1, 2 and larger Category 3 events will not proceed.
•     The risk of COVID-19 transmission is not entirely eliminated.
•     Risks of suit and liability are possible if an outbreak occurs.
•     Council may be viewed as overly cautious and a ‘kill joy’ for not approving all categories of
      events given the State is the health authority.
•     Council will continue to receive overtures from some stakeholders to loosen its event
      restrictions and comply with the State framework.
•     Many community and commercial organisations rely on annual larger style events for financial
      viability and long term sustainability

9.    State Government cancellation of Noosa events
Given the State’s existing powers and expertise in managing the COVID pandemic there is a strong
view within the Reference Group the State is best placed to determine when an event will be
cancelled as COVID risk escalates within a community. While this report does not seek to predict
the scenarios in which Council might wish to cancel an event, it is likely the State will order a
lockdown if localised COVID risk develops at or about the same time as an event. The order would
override the permit and no cancellation issue for Council would arise.

However, the Chief Health Officer responding in a manner to override a Council approval depends
on the situation and is a matter of perspective. Permit cancellation is not guaranteed because the
State will view any request through its own bureaucratic and operational lens. If the State doesn’t
simply decline Council’s request, Council is likely to meet the following challenges:
•     If the permittee holds a CHO or Public Health Unit approved plan the State is unlikely to act to
      cancel the event unless there is obvious acute risk which would be dealt with by the CHO
      irrespective of any Council request;
•     If the State is prepared to consider a Council request it is highly likely they will require written
      submissions including those from interested parties;
•     The extent of political influence is unknown; and
•     The State’s desire to take action when its local government is available to take the blame.

10.   Council cancellation of events
Council’s Local Law No.1 allows Council to apply conditions regulating how an event proceeds. The
local law does not seek to apply the conditions to facilitate cancellation of a permit. If conditions can’t
be applied that will overcome Council concerns (i.e. the approval can’t stand on its own with
appropriate conditions) then it should refuse the application and not issue a permit.

Local Law No.1 also sets out the process for a permit cancellation. The process is arduous and
protracted and requires at least 8 weeks to complete with precision allowing for issuing a show cause
notice and response and review periods. Council may grant a permit with the express understanding
communicated explicitly that if Council believes that at a time closer to the event the event cannot
be conducted with appropriate COVID safety it will initiate a cancellation process.

However, in accordance with the Local Law timeframes, a permit cancellation process would need
to begin 2 -3 months before the scheduled event date. The Council’s reasons for initiating a permit
cancellation process that far out from the actual event would likely be challenged by an event
organiser, and late stage permit cancellation is also likely to be subject to vigorous protest given the
investment by the organiser to prepare for the event.




                                                                                         Page 13 of 30