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Item 7.2.2025-05-12 · General CommitteeOfficial item record

Integrated Compliance & Enforcement Policy (REFERRED FROM sERVICES & ORGANISATION COMMITTEE DATED 6 MAY 2025)

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What was decided?

The minuted decision sequence

No separately labelled carried Council Resolution has been identified here. Read each formal event and the complete item minutes; a lost motion is not necessarily the final outcome.

1MotionOutcome not confirmed

Moved: Frank Wilkie · Seconded: Karen Finzel

That Council

A. Note the report by the Business Improvement & Integration Officer to the Services & Organisation Committee Meeting dated 6 May 2025, and

B. Adopt the Integrated Compliance and Enforcement Policy as outlined in Attachment 1

Main motion followed by amendments; no separate outcome recorded here.

Official minutes · section 1

2Amendment No. 1Carried

Moved: Jessica Phillips · Seconded: Amelia Lorentson

That item B, 1, be added to read:

1. That the wording in the draft policy provided at Attachment 1 under "Roles and Responsibilities", "Councillors" be amended to read:

"ROLES AND RESPONSIBILITIES

Councillors

Review and adopt Council’s Integrated Compliance and Enforcement Policy.

Maintain procedural fairness and protect the rights of individuals and the integrity of the process. Councillors must not involve themselves in negotiating and resolving outcomes with aggrieved parties nor advocating on behalf of or representing parties.

Councillors can assist constituents in raising concerns relating to compliance and enforcement by referring them to the appropriate functional area.

Councillors may actively support and promote voluntary compliance through advocacy, education, and community engagement. This includes encouraging understanding of relevant regulations and fostering cooperative relationships between the council and the community.

Councillors must not be involved in operational compliance or enforcement actions as outlined in Council’s endorsed Governance Framework. This includes (but is not limited to) participation in investigations, issuance of penalty infringement notices, enforcement orders, remedial actions, or prosecution decisions. These matters are to be managed independently by authorised council officers in accordance with legislative requirements and operational procedures.

This separation ensures procedural fairness, protects the integrity of compliance processes, and upholds the principles of good governance. "

Carried unanimously.

Official minutes · section 7

3Amendment No. 2Lapsed

Moved: Brian Stockwell · Seconded: Not recorded

That the wording below be reinstated in the draft policy provided at Attachment 1 under "Roles and Responsibilities", "Councillors" :

"Maintain procedural fairness and protect the rights of individuals and the integrity of the process. Councillors must not be involved in negotiating and resolving outcomes with aggrieved parties nor advocating on behalf of or representing parties.

Councillors can assist constituents in raising concerns relating to compliance and enforcement by referring them to the appropriate functional area."

and 

Add words in red below, after paragraph 2, as follows:

However, councillors must not be involved in operational compliance or enforcement actions as outlined in Council’s endorsed Governance Framework. This includes (but is not limited to) participation in investigations, issuance of penalty infringement notices, enforcement orders, remedial actions, or prosecution decisions. These matters are to be managed independently by authorised council officers in accordance with legislative requirements and operational procedures. Notwithstanding this, Councillors can consider legal and prosecution matters as reported by staff through the established council meeting processes."

The Amendment No. 2 lapsed for want of a seconder.

Official minutes · section 21

4Procedural MotionCarried

Moved: Tom Wegener · Seconded: Amelia Lorentson

That the matter be deferred to the General Committee Meeting dated 16 June 2025.

Carried.

For 5 named

Karen FinzelJessica PhillipsNicola WilsonTom WegenerAmelia Lorentson

Against 2 named

Brian StockwellFrank Wilkie

Official minutes · section 30

Read complete item-specific minutes
Motion
Moved:Cr Frank Wilkie
Seconded:Cr Karen Finzel
That Council
  1. Note the report by the Business Improvement & Integration Officer to the Services & Organisation Committee Meeting dated 6 May 2025, and
  2. Adopt the Integrated Compliance and Enforcement Policy as outlined in Attachment 1

Amendment No. 1
Moved:Cr Jessica Phillips
Seconded:Cr Amelia Lorentson
That item B, 1, be added to read:

1. That the wording in the draft policy provided at Attachment 1 under "Roles and Responsibilities", "Councillors" be amended to read:

"ROLES AND RESPONSIBILITIES

Councillors


Review and adopt Council’s Integrated Compliance and Enforcement Policy.

Maintain procedural fairness and protect the rights of individuals and the integrity of the process. Councillors must not involve themselves in negotiating and resolving outcomes with aggrieved parties nor advocating on behalf of or representing parties.
Councillors can assist constituents in raising concerns relating to compliance and enforcement by referring them to the appropriate functional area.


Councillors may actively support and promote voluntary compliance through advocacy, education, and community engagement. This includes encouraging understanding of relevant regulations and fostering cooperative relationships between the council and the community.

Councillors must not be involved in operational compliance or enforcement actions as outlined in Council’s endorsed Governance Framework. This includes (but is not limited to) participation in investigations, issuance of penalty infringement notices, enforcement orders, remedial actions, or prosecution decisions. These matters are to be managed independently by authorised council officers in accordance with legislative requirements and operational procedures.

This separation ensures procedural fairness, protects the integrity of compliance processes, and upholds the principles of good governance.
"
Carried unanimously.

Amendment No. 2
Moved:         Cr Brian Stockwell
That the wording below be reinstated in the draft policy provided at Attachment 1 under "Roles and Responsibilities", "Councillors" :
"Maintain procedural fairness and protect the rights of individuals and the integrity of the process. Councillors must not be involved in negotiating and resolving outcomes with aggrieved parties nor advocating on behalf of or representing parties.
Councillors can assist constituents in raising concerns relating to compliance and enforcement by referring them to the appropriate functional area."

and 
Add words in red below, after paragraph 2, as follows:
However, councillors must not be involved in operational compliance or enforcement actions as outlined in Council’s endorsed Governance Framework. This includes (but is not limited to) participation in investigations, issuance of penalty infringement notices, enforcement orders, remedial actions, or prosecution decisions. These matters are to be managed independently by authorised council officers in accordance with legislative requirements and operational procedures. Notwithstanding this, Councillors can consider legal and prosecution matters as reported by staff through the established council meeting processes."
The Amendment No. 2 lapsed for want of a seconder.

Procedural Motion
Moved:Cr Tom Wegener
Seconded:Cr Amelia Lorentson
That the matter be deferred to the General Committee Meeting dated 16 June 2025.
For:           Crs Wegener, Wilson, Finzel, Phillips and Lorentson
Against:    Crs Wilkie and Stockwell
Carried.

The meeting adjourned at 2.41pm.
The meeting resumed at 2.55pm.


This summary follows this item’s minutes. The established voting totals use their existing method while differences are checked against the full records.

What was said?

Named discussion on NoosaWatch TV

These actual transcript passages match the item’s wording. The start and end of the item’s discussion are not yet confirmed; these excerpts are not measured item airtime or exact decision moments.

Brian Stockwell91:28
I'll just grab that. Thank you next item for debate is the Integrated Compliance & Enforcement Policy it's referred from Services & Organisation Committee date of 6th of May. We'll have a briefing.
Richard MacGillivray92:00
Doing another duo so Councillors as mentioned at the Services & Organisation Committee today we've got a report put forward for Council's adoption of the Integrated Compliance & Enforcement Policy as previously outlined the policy aims to enhance governance and provide a clear framework for Council to administer its regulatory functions in a safe fair unbiased balanced consistent and transparent manner Noosa Council is currently responsible for administering a range of laws and regulations as set out in the local act, including a local laws and Federal and state legislation which is principally designed around community safety and well-being of our community and also that harm including environmental harm is prevented the policy seeks to establish the best practice compliance approaches by applying the following nine principles. To its regulatory activities decision-making enforcement actions which is outlined in the policy follows a tiered compliance model with enforcement action escalating based on relevant factors to ensure a fair and just process while maintaining discretion officers to respond appropriately on each case when determining appropriate action Council considers factors such as risk level nature and severity of the breach likelihood of compliance public interest and community impact and legal consideration the policy was developed in collaboration with our governance branch at manager and representatives of our internal compliance reference group it's worth noting that similar policies exist with other local state government authorities that undertake compliance and regulatory activities as previously mentioned the policy also addresses an existing policy gap we have and aims to improve governance and community awareness and address risks relating to consistency and decision-making and transparency and compliance enforcement matters. I think it's worthwhile also noting too just based on some comments based at the last meeting that some key changes the previous Sunshine Coast regional Council policy from 2009 in terms of what's changed since that previous policy which wasn't endorsed by Noosa Council but was obviously carried through in terms of an awareness for staff the policy obviously modernized concise and clear it provides and introduces new guiding principles and a TED compliance model compared with the old policy it clearly outlines key factors now by staff and making enforcement decisions whereas the previous policy didn't there's some refinement around the scope and purpose expanding and updating the relevant legislative requirements also reflecting Human Rights Act which came in 2019 and it's aligned with all of our updated policy documents so if there's any further questions?
1 suggested discussion start time
  • 5498.0 seconds on the council source timeline · Approximate discussion link. The end of the discussion is not yet confirmed.

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