BYRON SHIRE COUNCIL

Ordinary Meeting

 

Publicbsc_logo_150dpi_rgb ATTACHMENTS

EXCLUDED FROM THE

Ordinary Meeting AGENDA

OF 21 June 2018

 

11.  Submissions and Grants

11.1   Byron Shire Council Submissions and Grants as at 30 May 2018

Attachment 1... BSC Submissions and Grants Register as at 7 May 2018........................ 5       

 

13.  Staff Reports

Corporate and Community Services

13.1   Proposed Amendments to Council's Code of Meeting Practice

Attachment 1... Clause 22 in the form it would appear if all proposed amendments were accepted................................................................................................................... 8

Attachment 2... Code of Meeting Practice Amendment to Clause 22 and Schedule A - Submission from John Anderson................................................................................ 10

Attachment 3... Code of Meeting Practice Amendment to Clause 22 and Schedule A - Submission from Duncan Dey.................................................................................... 12

13.2   Mayor and Councillors Payment of Expenses and Provision of Facilities Policy Review

Attachment 1... Current Policy: Mayor and Councillors Payment of Expenses and Provision of Facilities................................................................................................... 14

Attachment 2... OLG Circular 17-17 Councillor Expenses and Facilities Policy - Better Practice Template.................................................................................................. 32

Attachment 3... DRAFT Policy  Councillor Expenses and Facilities 2018........................ 49

Attachment 4... Proposed amendments to Policy: Mayor and Councillor Payment of Expenses and Provision of Facilities 2018...................................................................... 74

13.3   Temporary suspension of Railway Park artisan markets

Attachment 1... Correspondence concerning artisan market at Railway Park trading in winter months PDF............................................................................................. 96

Attachment 2... Policy: Sustainable Community Markets (Adopted 17/09/15 Res 15-471 replaces Markets within Byron Shire 5.51) (Current_Policies)............................ 101

13.4   Mayor and Councillor Fees 2018/2019

Attachment 1... Local Government Remuneration Tribunal Annual Report and Determination 2018............................................................................................................... 108

13.6   Public Hearing into Byron Bay Police Actions - outcome

Attachment 1... Law Enforcement Conduct Commission Hearing - Nicqui Yazdi/James Wright - Attendance Report................................................................................. 132

13.7   LGNSW Board Vacancy - Vice President (Rural/Regional Councils)

Attachment 1... Letter to General Managers_Nomination of voting delegates............... 163

Attachment 2... Annexure A_Nomination of voting delegates........................................ 165

Sustainable Environment and Economy

13.9   CZMP for the Eastern Precincts of the Byron Bay Embayment (Cape Byron to Main Beach) - Engagement and Public Exhibition Outcome

Attachment 1... Community Engagement Plan - draft CZMP for the Eastern Precincts of the BBE............................................................................................................... 167

Attachment 2... Response and/or Recommendations to Submissions Received  - draft CZMP for the Eastern Precincts of the BBE.......................................................... 173

Attachment 3... Combined Agency Submissions - draft CZMP for the Eastern Precincts of the BBE - 28 May 2018........................................................................................ 193

Attachment 4... Combined Community Submissions - draft CZMP for the Eastern Precincts of the BBE........................................................................................................ 214

13.10 PLANNING - Draft Employment Lands Strategy for Public Exhibition

Attachment 1... Draft Byron Employment Land Strategy 1 June 2018.......................... 274

Attachment 2... Byron Employment Land Strategy Background Report 1 June 2018.. 330

Attachment 3... Attachment to Council report State Government agency advice on possible new Employment Lands 2018....................................................................... 497

Attachment 4... Employment Lands Strategy Engagement Plan 2018.......................... 501

Attachment 5... Disclosure of Pecuninary Interest Annexure......................................... 513

13.11 PLANNING - 26.2016.4.1 - Rural Function Centres - Results of Community Engagement

Attachment 1... 26.2016.4.1 Submissions Overview - survey review, online ideas, online forum, emails and letters................................................................................... 515

Attachment 2... 26.2016.4.1 Planning Proposal v.1........................................................ 578

Attachment 3... Form of Special Disclosure of Pecuniary Interest................................. 608

13.12 Adoption of Constitution for Strategic Business Panel

Attachment 1... CONSTITUTION Strategic Business Panel.......................................... 610

13.13 PLANNING - Residential Strategy -  Accessible Housing Project (Housing Summit Action)

Attachment 1... Special Disclosure of Pecuninary Interest Annexure............................ 617

13.14 Barrio Eatery and Bar - Update on Resolution 18-170

Attachment 1... Tim Fitzroy & Associatesfinal Noise Management Report_schedule of action strategies which are attached to this report........................................... 619

Attachment 2... Tim Fitzroy & Associates_Final Noise Management Report_schedule of action strategies................................................................................................ 627

13.19 PLANNING - NSW Planning System Reforms and Community Engagement Obligations for Planning Functions

Attachment 1... Attachment 1 - Staged Implementation of NSW Planning Reforms (June 2018 Council Report)...................................................................................... 629

Attachment 2... Attachment 2 - JRPP Determination & Statement of Reasons (June 2018 Council Report)................................................................................................... 631

Attachment 3... Attachment 3 - Review of EP&A Act 1979 Public Exhibition Requirements for Planning Functions in Comparison to Existing DCP/LEP Requirements (June 2018 Council Report)...................................................................................... 634

Attachment 4... Template - Form of Special Disclosure of Pecuniary Interest ............. 639

13.21 PLANNING - Development Application 10.2018.110.1 Tourist and Visitor Accommodation (Twelve (12) Cabins including Use of Existing Structures as Storage and Staff Lunchroom and Construction of Day Spa), Camping Ground (Two Hundred and Thirty Nine (239) Sites), Park Entry Office/Kiosk, New Dwelling and Recreation Facility (Indoors) - Yoga Facility at 1897 Coolamon Scenic Drive Mullumbimby

Attachment 1... Proposed Plans 10.2018.110.1 prepared by Charles Wright Architects 641

Attachment 2... submissions received............................................................................. 655

Attachment 3... submissions received............................................................................. 822

13.22 PLANNING - Development Application 10.2018.25.1 Subdivision  two lots into three lots at 31 Blackwood Crescent and Ballina Road Bangalow

Attachment 1... Proposed Plans prepared by Geolink.................................................... 972

Attachment 2... submission received.............................................................................. 974

Attachment 3... Condtions of consent ............................................................................ 975

13.26 BSC ats Dromore Properties Pty Ltd Land and Environment Court Proceedings

Attachment 1... Attachment 1 Ordinary 21 June 2018 Dromore report......................... 982

Attachment 2... Attachment 2  Conditions of Consent Dromore LEC Appeal................ 983

Infrastructure Services

13.28 Update on MR 545 Transport Studies

Attachment 1... QTT17012 Desktop Review of MR545 Traffic Studies for Byron Shire Council (Final).pdf............................................................................................... 991

Attachment 2... QTT17012 - West Byron Report - Independent Review (101117).pdf 1010

Attachment 3... 24.2015.48.1 from Lambert and Rehbein Ewingsdale Road B15408 Concept Design Report Draft Final Rev A - Appendix A B15408-DR-01to11_A 1015           

14.  Reports of Committees  

Corporate and Community Services

14.1   Report of the Finance Advisory Committee Meeting held on 17 May 2018

Attachment 1... Minutes Finance Advisory Committee meeting 17 May 2018............ 1027

14.2   Report of the Audit, Risk and Improvement Committee Meeting held on 17 May 2018

Attachment 1... Minutes 17/05/2018 Audit, Risk and Improvement Committee.......... 1030

14.3   Report of the Arakwal Memorandum of Understanding Advisory Committee Meeting held on 31 May 2018

Attachment 1... Minutes of the Arakwal (MoU) Advisory Committee meeting held on 31 May 2018............................................................................................................. 1035  

Infrastructure Services

14.5   Report of the Water, Waste and Sewer Advisory Committee Meeting held on 31 May 2018

Attachment 1... Minutes 31/05/2018 Water, Waste and Sewer Advisory Committee.. 1039    

15.  Questions With Notice

15.3   Report 13.9 of 24 May 2018 Ordinary Meeting Agenda

Attachment 1... John Anderson Question taken on Notice 24 May 2018..................... 1043   

  


BYRON SHIRE COUNCIL

Submissions and Grants                                                                                                             11.1 - Attachment 1

PDF Creator


 

PDF Creator


 

PDF Creator

  


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                     13.1 - Attachment 1

22. PUBLIC ACCESS

 

22.1     The first hour of each meeting will be allocated to Public Access to allow people to speak in favour of or against the recommendation of matters listed on the Agenda for that meeting.

 

22.2     If, after all scheduled speeches in favour of or against the recommendation of matters listed on the Agenda, time remains within the first hour of the meeting, at the discretion of the Chairperson the meeting can commence or the Public Access session can continue for registered submissions on items that are not on the Agenda or registered questions from members of the public on current agenda items or current issues before Council.

 

22.3     Requests to address Council during Public Access must be made to the General Manager or the Mayor no later than 12.00pm midday one day prior to the Meeting using the online form available on Councils website, over the phone or in person at Council’s Administration Centre in Mullumbimby. Requests must make clear:

 

a)    whether the speaker is speaking generally in favour of, or against the recommended actions.

b)    the subject of any submission.

c)    the text of any question

 

           Requests that do not meet the above requirements will not be included in Public   Access

 

22.4     Requests to Address Council during Public Access which are received after the 12.00pm midday deadline the day prior to the Meeting are to be considered at the discretion of the Chairperson.

 

22.5     People/Organisations wanting to speak in favour of or against items on the Agenda will be listed for Public Access in the same order the items appear on the Agenda.

 

22.6     A person/organisation is permitted one speech in favour of or against items on the Agenda.

 

22.7     Five minutes is allocated for speeches in favour of and against items on the Agenda (total ten minutes per agenda item). Should there be more than one speaker addressing Council in favour of or against the recommendation of the same Agenda item, speakers will share the allocated five minutes.

 

22.8     The Mayor will invite Councillors to ask questions of speakers at the conclusion of their speech in favour of or against an item on the Agenda.

 

22.9     A person/organisation is permitted to register one submission per meeting on matters that are not on the Agenda.

 

22.10   Two minutes is allocated for submissions to Councils on matters that are not on the Agenda.

 

22.11   A person/organisation is permitted to register to ask one question of Council per meeting.

 

22.12   One minute is allocated per question of Council.

 

22.13   The Mayor, Councillors or General Manager will provide a response to questions asked of Council at the meeting if possible. That response will be included in the meeting minutes.  If a response is unable to be provided the question will be taken on notice, with an answer to be provided to the person/organisation prior to the next Ordinary Meeting and placed on Councils website under the Council Meetings tab.

 

22.14   In order to be taken on notice, a question must be asked in person by the registered speaker at the meeting. Other enquiries of Council can be made by contacting the General Manager. 

 

22.15   The only exception to point 22.13 is if the Chairperson determines that there is insufficient time on the day of the meeting to accommodate all requests for Public Access and thereby all registered questions will be taken on notice and responded to as per 22.13.

 

22.16   It is possible that not all requests to speak in favour of or against items on the Agenda, make a submission or ask a question of Council will be able to be accommodated within the Public Access part of the meeting. Members of the public are encouraged to contact their Councillors and/or Council regarding their concerns, questions or opinion before the Council meeting in case there is insufficient time on the day of the meeting to accommodate all requests for Public Access. 

 

22.17   Additional speeches in favour of or against items on the Agenda, submissions on matters not including on the Agenda or questions to be put to Council may be accommodated at the discretion of the Chairperson.

 

22.18   Motions to extend the Public Access part of the meeting may be considered by Council.

 

22.19   A motion to extend the Public Access part of the meeting is a Procedural Motion. It must be proposed and need not be seconded. 

 

22.20   Only one Procedural Motion for extension to the Public Access part of the meeting may be considered at a meeting. In circumstances deemed by the Chairperson to be exceptional, additional extensions may be considered. 

 

22.21   The Chairperson shall give precedence to the Procedural Motion.

 

22.22   No debate or amendments shall be permitted on the Procedural Motion. 

 

22.23   If a Procedural Motion to extend the Public Access part of the meeting is not supported by the majority of Councillors entitled to vote on it then it may not be re-introduced. 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.1 - Attachment 2

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.1 - Attachment 3

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.2 - Attachment 1

 

 

 

 

 

bsc_logo_150dpi_rgb

 

 

 

 

 

BYRON SHIRE COUNCIL

 

 

POLICY NO. 14/010

 

 

 

 

MAYOR AND COUNCILLORS

 

PAYMENT OF EXPENSES AND
PROVISION OF FACILITIES

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.2 - Attachment 1

INFORMATION ABOUT THIS DOCUMENT

Date Commenced

29 March 1994

Policy Responsibility

Corporate and Community Services

Date Adopted

29 March 1994

Resolution No,

 

Review Timeframe

Within 5 months at the end of each year

 

 

Last Review Date:

October 2016

Next Review Date

May 2017

Document History

Doc No.

Date Amended

Details Comments eg Resolution No.

 

24/9/96

 

 

5/3/04

Res No. 04-166

#541785

27/9/05

Res No. 05-684

#606871

14/11/06

Res No. 06-730 adopted 28/6/07 07-342

#705189

27/9/07

Res No. 07-511

#754283

24/4/08

Res No. 08-252 placed on exhibition (#760664)

#779620

31/8/08

Res No. 08-525 adopted

#790811

 

Come into effect 13/9/08

#779666

28/8/08

Res No. 08-525

#790824

 

Placed on public exhibition

#805632

27/11/08

Res No 08-727

#815079

27/11/08

Res No 08-727 (adopted after exhibition)

#906057

13/8/09

Res No. 09-634 (adopted after exhibition – no submissions)

#942479

 

Amended in accordance with DLG Guidelines 09-36

#942479

7/10/10

Res No. 10-799 placed on exhibition (#942479)

#1057179

10/02/11

Res No. 10-1110 adopted 10/02/11 Res No. 11-14

#1069432

16/3/11

Res No. 10-1110 adopted 10/2/11 Res No. 11-14 Typo changes – ref Clauses

#1120094

25/8/11

Reported to Council for advertising 8/9/11 to 6/10/11.

#1151504

7/10/11

Adopted after close of exhibition see Res 11-648 – no submissions received

#1184365

9/1/12

Updated Page 3 and 7 of 14 - referencing Clauses

#E2012/7649

9/8/12

Adopted after close of exhibition period see Res 12-602 – no sub received

#E2013/48106

29/8/2013

Reported to Council for advertising #E2013/48057

#E2013/72869

 

Created with incorrect Policy No.

E2013/74016

7/11/13

Adopted after close of exhibition period – no sub received Res No. 13-411

E2014/46393

7/8/2014

Reported to Council for advertising E2014/46307

E2014/53161

12/8/2014

Amended for exhibition as per Res No. 14--378

E2014/61952

17/9/2014

Adopted after close of exhibition – no submissions received

E2015/45197

27/8/2015

Draft amended  reported to Council I2015/718

E2015/72233

29/10/2015

Adopted after close of exhibition – 2 submissions received Res 15-561

E2016/95684

27/10/2016

Amended as per Council Resolution 16-538

Further Document Information and Relationships

Related Legislation

Local Government Act 1993 Sections 23a 252, 253 254
Local Government (General) Regulation 2005
DLG Guidelines Circular 08/24 Misuse of council resources
DLG Guidelines Circular 08/37 Council decision making prior to ordinary elections
DLG Guidelines Circular No. 09/36 Release of Revised Councillor Expenses and Facilities Guidelines
www.dlg.nsw.gov.au
ICAC Publication “No Excuse for Misuse, preventing the misuse of council resources (Guidelines 2)” November 2002
www.icac.nsw.gov.au

Related Policies

Model Code of Conduct www.byron.nsw.gov.au

Light Motor Vehicle Fleet #978485

Related Procedures/ Protocols, Statements, documents

Email Communications Procedure #664764

Procedures Light Motor Vehicles

·       Fees& Charges and Makes and Models #1037783

·       General Terms of Use  #1037780

·       Size of Fleet, Type of Vehicles & Allocation of Vehicles and Permitted Uses  #1037773

Councillors Allowances Claim Form E2013/42853 – Last Updated 01/07/2014


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.2 - Attachment 1

TABLE OF CONTENTS

1.         INTRODUCTION............................................................................................................. 1

2.         OBJECTIVES................................................................................................................... 1

3.         FIXING AND PAYMENT OF ANNUAL FEES............................................................... 1

4.         GENERAL CONDUCT.................................................................................................... 2

5.         TRAVEL EXPENSES/PROVISIONS.............................................................................. 2

6.         PAYMENT OF EXPENSES (MONETARY LIMITS)..................................................... 3

7.         FACILITIES FOR MAYOR AND COUNCILLORS........................................................ 3

7.1.     Mayor....................................................................................................................... 3

7.2.     Deputy Mayor and Councillors................................................................................ 4

7.3.     Acquisition and return of facilities and equipment by Mayor and Councillors........ 7

8.         ATTENDANCE AT CONFERENCES, SEMINARS AND TRAINING......................... 7

8.1.     Who may attend conferences, seminars and training............................................. 7

8.2.     What Conferences and Seminars may be attended............................................... 7

8.3.     Training and Development...................................................................................... 8

8.4.     Guidelines for Authorisation..................................................................................... 8

8.5.     Reporting requirements following Councillor and Mayor’s attendance at the Conference, Seminar or Training.................................................................................................................... 9

8.6.     Registration.............................................................................................................. 9

8.7.     Travel Expenses Incurred....................................................................................... 9

8.8.     Accommodation.................................................................................................... 10

8.9.     Out of Pocket Expenses Incurred......................................................................... 10

8.10.  Payment In Advance............................................................................................. 10

8.11.  Overseas Conferences/Seminars etc................................................................... 10

9.         WHERE EXPENSES MAY NOT BE USED................................................................. 11

10.      PAYMENT OF EXPENSES FOR Spouse/Partner or
Accompanying Person
........................................................................................ 11

10.1.  Payment of expenses for Spouse/Partner or Accompanying Person
at Conferences...................................................................................................... 11

10.2.  Payment of expenses for Spouse/Partner or Accompanying Person at
Official Council Functions..................................................................................... 11

11.      INSURANCes................................................................................................................ 12

11.1.  Personal Accident Insurance................................................................................. 12

11.2.  Professional indemnity.......................................................................................... 12

11.3.  Public Liability........................................................................................................ 12

11.4.  Statutory Liability................................................................................................... 12

11.5.  Councillors and Officers Liability........................................................................... 13

12.      Claims Procedure................................................................................................. 13

13.      DISPUTE RESOLUTION PROCESS........................................................................... 13

14.      GIFTS AND BENEFITS................................................................................................ 13

15.      LEGAL EXPENSES AND OBLIGATIONS.................................................................. 13

16.      REFERENCE TO COUNCILLOR................................................................................. 14

Annexure A – AllOWANCE CLAIM FORM................................................................... 15

 

 

 

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.2 - Attachment 1

Policy No: 14/010

 

POLICY TITLE           

MAYOR AND COUNCILLORS payment of EXPENSES AND PROVISION OF FACILITIES

 

1.    INTRODUCTION

Under the Local Government Act 1993 including Section 252 to 254, requires that the Council must adopt a policy concerning the payment of expenses and the provision of facilities to the Mayor and other Councillors.

Section 428(2)(f) requires a council to include in its Annual Report:

 

1.1.    Total amount of money expended during the year on providing those facilities and paying those expenses.

1.2.    Council’s policy on the provision of facilities for, and the payment of expenses to Councillors.

1.3.    The payment of Councillors’ expenses, together with a statement of the total amount of money expended during that year on the provision of such facilities and the payment of such expenses.

Section 12 provides that the public is entitled to inspect the Council’s policy concerning the payment of expenses incurred by, and the provision of facilities to Councillors, free of charge, and may obtain a copy, either free of charge or on payment of reasonable copying charges.

 

This policy should be read in conjunction with Council’s Code of Conduct, Policy 1.8, in particular, Clause 8 – Personal Benefit, and Clause 10 – Access to Information and Council Resources, DLG Circular 08/24 – Misuse of Council resources and DLG Circular 08/37 – Council decision making prior to ordinary elections.

 

2.    OBJECTIVES

To ensure the Mayor and Councillors and/or appointed Administrators of Byron Shire Council are:

2.1.    reimbursed for reasonable and appropriate expenses incurred in the performance of their civic duties.

 

2.2.    provided with a range of facilities to assist in the discharge of their civic duties.

 

3.    FIXING AND PAYMENT OF ANNUAL FEES 

The Councillors annual fees do not fall within the scope of this Policy.  See Local Government Act 1993 Section 248 - Fixing and payment of annual fees for Councillors and Section 249 - Fixing and payment of annual fees for the Mayor.

 

4.    GENERAL CONDUCT

 

Councillors must act lawfully, honestly and exercise a reasonable degree of care and diligence in carrying out their function under the Local Government Act or any other Act.  This is required under Section 439 of the Local Government Act and reinforced in Council’s adopted Code of Conduct made under Section 440 of the Act.

 

5.    TRAVEL EXPENSES/PROVISIONS

5.1.    Councillors are entitled to claim “mileage” allowance for use of private vehicles when used to travel (including return) between their place of residence or employment, utilising the most direct route possible, subject to the Councillor’s private vehicle being currently registered and covered by Compulsory Third Party Insurance:-

 

5.1.1.   To attend Council or Committee or Sub-Committee meetings and appointments at the Council Chambers, Council’s Training Rooms, Depots and Halls/Community Centres for Council business;

5.1.2.   Inspections within the Council’s area undertaken in compliance with a resolution of the Council if for good reason they are unable to use transport when provided by Council;

5.1.3.   Attending public meetings convened by the Council;

5.1.4.   Individual or personal inspections of any site within Council’s area listed on the current Council Meeting Agenda, if for good reason they are unable to use transport when provided by the Council;

 

5.1.5.   To and from the periodical conferences and seminars as stated in Clause 8.

5.1.6.   To attend Council Regional Committee of Sub- Committee meetings.

5.1.7.   To attend any other official Council events, functions, meeting and public information sessions.

 

5.2.    Reimbursement will be paid at the current rate of the “mileage” allowance set by the appropriate Local Government Industrial Award from time to time.

 

5.3.    All vehicle allowance claims to be made in accordance with the Claims Procedure at Section 12.

5.4.    Costs of traffic or parking fines incurred whilst travelling in private or Council vehicles on Council business are the responsibility of the driver.

5.5.    Councillors unable or unwilling to drive to any Council business, as stated in 5.1.1 to 5.1.7, and if Council is unable to provide transport to the Council business, may use public transport or taxis utilising the most direct route possible which costs will be reimbursed by Council.

 

6.    PAYMENT OF EXPENSES (MONETARY LIMITS)

6.1.    No annual, monthly or daily allowance or expense type allowance payment will be payable in any circumstance.

6.2.    Monetary limits applying to this policy include:

6.2.1.   Carer’s expenses Mayor and Councillors maximum $3,000 (total for all Councillors including Mayor) per annum

6.2.2.   Fixed and Mobile charges for: voice calls, data services, telephone/mobile line/handset rental

a)       Mayor - $235 per month maximum
b)       Councillor - $200 (per Councillor) per month maximum

6.2.3.   Computer hardware (including laptops, tablets and smartphones), printer, software and services

Mayor and Councillors

a)    maximum of $3,700 (per Mayor/Councillor) in the first year only for term of office, for initial purchase of equipment, software licenses, consumables, protective covers or carry case for equipment and line installation as deemed necessary for business paper distribution, to work with documents supplied by Council and for communications.

b)    maximum of $2,000 (per Mayor/Councillor) in the either the second or third year of office, for purchase of equipment, software licenses, consumables and protective covers or carrycase for equipment and line equipment for the purposes stated in a) above;

c)    maximum of $1,000 (per Mayor/Councillor) in the fourth year of office per annum for consumables and protective covers or carry case for equipment purchased.

d)    maximum of $2,000 (total for all Councillors including Mayor) per annum for services (backup support) provided by hardware supplier/local providers.

6.2.4.   Out of Pocket Expenses associated with attending conferences, seminars or training, maximum $100 per day

 

6.3.    Reimbursement of expenses must be made in accordance with the Claims Procedure at Clause 12.

7.    FACILITIES FOR MAYOR AND COUNCILLORS

7.1.    Mayor

In addition to those facilities provided to the Councillors in 7.2, the Mayor is entitled to receive the benefit of:

7.1.1.   The use of a Council vehicle for official and private use by the Mayor and that the Mayor be required to pay to Council an appropriate rate per kilometre for his/her private use of the vehicle. 

a)    The vehicle is provided in accordance with Council’s adopted Policy Light Motor Vehicle Fleet and associated procedures being:

i)     Light Motor Vehicle -Fees & Charges and Makes and Models

ii)         Light Motor Vehicle – General Terms of Use.

iii)    Light Motor Vehicle – Size of Fleet, Type of Vehicles and Allocation of Vehicles and Permitted Uses

b)    The vehicle be made available by arrangement with the Mayor for official Council business;

 

c)    An allotted parking space at the Council’s Administration building.

d)    The vehicle be returned to Council after completion of his/her term of office, extended leave of absence or at the cessation of his/her civic duties.

 

7.1.2.   A furnished office for civic duties provided in Council’s Administration Building;

7.1.3.   Secretarial services relating to the discharge of his or her civic functions;

7.1.4.   Administrative assistance associated with civic functions, meetings and the like;

7.1.5.   Office refreshments;

7.1.6.   Provision of a Mastercard with Council’s preferred banking institution to the value of $5,000 (see Claims Procedure at Clause 12) Note: All expenditure on the credit card must be in accordance with the provisions of the Policy and is not for private use.

7.2.    Deputy Mayor and Councillors

The Councillors, including the Deputy Mayor are to receive the benefit of:-

7.2.1.   Access Provisions – Appropriate provisions will be made for sight or hearing impaired councillors or those with any other disability.

7.2.2.   Business cards - using Council’s Logo;

7.2.3.   Carer Expenses – Council will reimburse the reasonable costs of carer arrangements, including childcare expenses and care of the elderly, disabled and/or sick immediate family members of Councillors, to allow Councillors to undertake their Council business obligations.

Note:

i)      Reimbursement of reasonable costs will only be available to enable the Councillor’s attendance at essential Council activities and will be the subject of a separate application by the affected Councillor in each instance, for determination by the General Manager.

ii)     Child/dependant care expenses are not to be reimbursed if the care is provided by a relative of the Councillor who ordinarily resides with the Councillor.  A ‘relative’ is defined as a spouse, defacto partners, parent, son, daughter, brother, sister or grandparent.

iii)    Childcare will only be provided to children of the Councillor up to an including the age of 16 years.

iv)    After approval, Council will reimburse actual expenses incurred by Councillors in this regard upon submission of a claim (in line with the Claims Procedure at Clause 12) supported by receipts and details of the activity attended.  The maximum entitlement for such expenses in accordance with the monetary limits set at 6.2.1.

7.2.4.   Computer – Council will reimburse the cost of a laptop computer and other forms of electronic services as deemed necessary for business paper distribution and communications, as per Clause 6.2.3.

7.2.5.   Computer Software – Council will reimburse the cost of appropriate software to work with documents supplied by Council, as per Clause 6.2.3.

7.2.6.   Computer/Tablet Training - Training to be arranged through local providers.

7.2.7.   Computer/Tablet Support Provided by hardware supplier/local providers in accordance with monetary limits set in 6.2.3 c).

 

7.2.8.   Email Address - Councillor emails are to be in the format:

firstname.lastname@cr.byron.nsw.gov.au

Council’s IT department will arrange the set up of this domain.

7.2.9.   Fax/Printing Equipment

a)    Council will reimburse the purchase cost of a multi-function fax/printer/ scanner for use at place of residence or business.

b)    Maintenance/servicing and consumables to be provided by external providers and the costs to be reimbursed by Council.

c)    Monetary limits are in accordance with Clause 6.2.3.

 

d)    The fax number is to be provided to the public.

 

7.2.10. Filing - Up to a four (4) drawer filing cabinet and associated equipment to be used in place of residence.

7.2.11. Internet - fixed or mobile
Council will meet the cost of Internet (data) charges, fixed or mobile (as required) involved in the conduct of Council business, as per Clause 6.2.2.

7.2.12. Landline Installation Costs -  The Council shall:-

a)    Meet the initial cost of installation, where necessary, of the equipment in the residence of the Councillor, including one (1) additional extension point for an existing phone line or one (1) separate point for a dedicated line.

b)    Meet the cost of any maintenance/servicing of the equipment including any service call charge.

c)       The land line number is to be made available to the public.

 

7.2.13. Meals: Provide sustenance prior to or during Council’s official Meetings and meetings of Councillors with Parliamentary representatives visiting dignitaries and other delegations, including vegetarian or other specific sustenance for any Councillor who notifies such preference;

7.2.14. Mobile and Landline Monthly Charges

a)   After initial set up costs for telephone lines, internet broadband and fax, the maximum payable by Council to enable Councillors to conduct their civic duties will be as stated in Claure 6 “Payment of Expenses – Monetary Limits”.

 

b)    Council will meet the monthly cost of a mobile and/or landline plan within the limits set by Clause 6.2.2.

c)    Individual Councillors are to meet the cost of accounts above the limit set in Clause 6.2.2.

c)       The mobile and landline number is to be made available to the public.

7.2.15. Postage of hardcopy official correspondence - all hardcopy mail is to be directed through the Council’s own mailing system.  Reimbursement of expenses will only be made where expenses can be verified.

7.2.16. Support Service

a)   Publishing council information, including business papers, memos and workshop presentations which is accessibly to Councillors via the web or tablet application

b)   Coordination of the shared Councillors’ Diary

c)   Conference registration

d)   Expense reimbursement

e)   Catering for meetings and workshops

f)    Provision of stationery as per 7.2.17



7.2.17. Stationery - Use of official stationery and supplies to carry out official duties;

7.2.18. Transport to official functions (if needed) when deputising for the Mayor;

7.2.19. Use of Private Equipment - Councillors may use their existing telecommunications lines.  Reimbursement for use will be made in accordance with the monetary limits set in 6.2.2.  No retrospective payments will be made on existing line rentals.

If this option is used, Councillors are encouraged to make their landline telephone and fax numbers available to the public. All contact numbers are to be provided to staff.

7.2.20. Vehicles - Access to suitable vehicle or vehicles (if available) provided by the Council for use on official duties connected with the office of a Councillor.

7.3.    Acquisition and return of facilities and equipment by Mayor and Councillors

a)    Return to Council all Council provided equipment. Councillors are to arrange for disconnection of services, subscriptions or mobile phone plans in their own name.

 

b)    The equipment may be purchased by the Mayor or Councillors at either trade in value or the price Council would obtain for its disposal of particular items.

c)    Council may require reimbursement of a portion of the monetary value of the equipment if he/she resigns in the first 12 months of service.

8.    ATTENDANCE AT CONFERENCES, SEMINARS AND TRAINING

8.1.    Who may attend conferences, seminars and training

8.1.1.   Councillors may be authorised to attend conferences, seminars and similar functions by:-

a)    Preferably, the Council, through resolution duly passed at a Council meeting arising from a report to Council or a notice of motion by a Councillor

b)    The General Manager and Mayor jointly, provided the attendance is within the guidelines in Clause 8.4.2 of this policy

c)    The Mayor, provided the Councillor is a substitute for another Councillor previously authorised to attend that conference.

 

8.2.    What Conferences and Seminars may be attended

8.2.1.   The conferences, seminars, workshops, courses and similar to which this policy applies shall generally be confined to:

 

a)    Local Government NSW Annual Conference (LGA and Australian local Government Association (ALGA) Conferences;

b)    Special “one-off” conferences called or sponsored by or for LGNSW on important issues;

c)    Annual conferences and congresses of the major professions in local government;

d)       Australian Sister Cities Conferences;

e)       Regional Organisation of Councils Conferences

f)     Conferences which advance the professional development of elected members in their role as Councillors.

g)    Any meetings or conferences of organisations or bodies on which a Councillor of the Council may be elected, or appointed to be, a delegate or member of the Council or LGNSW.

h)    Seminars which further the training and development efforts of the Council and within the budget framework.

 

8.3.    Training and Development

8.3.1.   Council supports and encourages an active learning process and skills development in addition to providing for attendance at seminars and conferences related to Council functions.  It is essential that the training or educational course is directly related to the Councillor’s civic functions and responsibilities and within budget parameters.

 

8.4.    Guidelines for Authorisation

8.4.1.   A resolution of Council is required to authorise attendance of Councillors at:

a)    LGNSW Conference(s) as a voting delegate

b)    National General Assembly of Local Government as a voting delegate

c)      Overseas conferences

d)    Any other discretionary conference, seminar or training.

8.4.2.   Any discretionary conference, seminar or training (as per (d) above) not able to be authorised at a Council meeting the General Manager and Mayor jointly may authorise Councillors’ attendance at:

·     One conference, seminar or similar function per Councillor per financial year provided the conference is held in NSW, the ACT or South East Queensland and the Councillor has not attended a previous conference that year


If the Mayor requires approval to attend a conference/seminar not able to be authorised at a Council meeting the Deputy Mayor and General Manager jointly may authorise the Mayor’s attendance.


Councillors or Mayor’s attendance at conferences authorised by the General Manager and Mayor will be reported to the next quarterly review of the Management Plan.

8.4.3.   The General Manager may approve the Mayor and Councillors' attendance at events/forums held in the local area up to the value of $100.

 

8.4.4.   Procedures:

 

a)    Staff will prepare a report to Council inviting nominations to attend the following conferences:

·   Local Government NSW Annual Conference

·   National General Assembly of Local Government

 

b)    Submission of motions for consideration by Council will be done by notice of motion, which can be considered during the year.

 

c)    Staff will remind Councillors of the opportunity to submit motions for these conferences in May in the case of the National General Assembly of Local Government and in August in the case of the LGNSW Annual Conference.

d)    All other conference attendance requiring Council resolution will be submitted as a notice of motion by a Councillor wishing to attend, in accordance with Council’s normal procedures for such notices of motion. Councillors other than the Councillor who submitted the notice of motion may be authorised to attend by Council.

 

8.5.    Reporting requirements following Councillor and Mayor’s attendance at the Conference, Seminar or Training

The Mayor and Councillors are required to report in writing a Delegate’s Report to an Ordinary Meeting of Council on the aspects of the conference, seminar or training relevant to Council business and or the local community.  The report must be submitted to the General Manager within one month of the Councillor’s or Mayor’s attendance at the Conference or Seminar.

 

8.6.    Registration

The Council will pay all normal registration costs which are charged by organisers, including the costs of related official luncheons, dinners and tours which are relevant to the interests of the Council or assist Councillors to discharge the functions of their civic office.

 

8.7.    Travel Expenses Incurred

Payment or reimbursement of expenses incurred when travelling to conferences and seminars of local government related organisations at which attendance has been approved.

8.7.1.   the travel is undertaken with all due expedition, and by the shortest practicable route;

8.7.2.   All reasonable travel costs will be met by the Council.  Where appropriate, travel will be provided by air (economy class).  Depending upon the circumstances, it may be more appropriate for travel to be undertaken by car or train.  Where trains are used, the Council will provide first class travel, including a sleeping berth where necessary.

8.7.3.   Travel by motor vehicle may be undertaken by Council vehicle (where available) or by private vehicle subject to prior approval from the General Manager.  Councillors using private vehicles will be paid the “mileage” allowance at the then current rate set by the appropriate Local Government Industrial Award from time to time, but subject to any such payment not exceeding economy class air fares to and from the particular destination.

8.7.4.   Cost of vehicle hire and/or taxi fares which are reasonable and incurred while attending conferences will be reimbursed by the Council.

8.8.    Accommodation

Reasonable accommodation costs (including meals), including the night before and/or after the conference, seminar, meeting or function including entertainment but excluding expenses of a normal private nature.

The reasonable daily accommodation amount will be in accordance with the Taxation ruling for that year.

 

8.9.    Out of Pocket Expenses Incurred

So that Councillors, as delegates of the Council attending conferences which involve an overnight stay are not thereby financially disadvantaged, each Councillor attending in pursuance of a Council resolution or Mayoral authority, shall be entitled to an “out-of-pocket” allowance.

8.9.1.   only reasonable amounts are claimed or accepted towards necessary out-of-pocket expenses to a maximum $100 per day;

8.9.2.   out-of-pocket expenses for which amounts are claimed relate only to the verified (tax invoice) costs of meals, travel, registration fees, stationery and the like;

8.9.3.   any time occupied or travel incurred in other than Council business is not included in the calculation of expenses to be paid; and

8.9.4.   the claim is made not later than three (3) months after the expenses were incurred, and upon a official receipt for payments.

8.10.  Payment In Advance

The Council will normally pay registration fees and can pay, accommodation deposits and airline tickets direct in advance.  Where this is not appropriate or possible, a cash allowance or cheque equivalent thereto will be paid to the attendee in advance or following the receipt of an expense claim form attaching proof of payment where the Councillor has personally made payment. Note 8.7 and 8.8 for “reasonable amounts” to be claimed. Refer to 12.1 for the claims procedure.

An allowance for estimated “out-of-pocket” expenses (up to $100 per day) may be paid to an attendee in advance upon request, subject to a reconciliation statement, verification of expenses and the refund of any unexpended amount being submitted within seven (7) days of the close of the conference, seminar or function.

8.11.  Overseas Conferences/Seminars etc.

Attendance by a Councillor at any conference, seminar, congress, forum, workshop, course, meeting, deputation, information or training sessions, events, etc. related to the industry of local government which are held overseas, must be authorised prior to departure by specific resolution of the council and such resolution shall specify and detail the conditions of attendance.


 

9.    WHERE EXPENSES MAY NOT BE USED

 

9.1.    Political fundraising

 

Councillors may not claim expenses to support attendance at political fundraising functions.

 

9.2.    Communication expenses

 

Individual Councillors or groups of Councillors may not claim expenses to produce and disseminate personalised pamphlets, newsletters and the like without the prior approval of Council being obtained via Council resolution.

 

10.  PAYMENT OF EXPENSES FOR Spouse/Partner or Accompanying Person

10.1.  Payment of expenses for Spouse/Partner or Accompanying Person at Conferences.

10.1.1. Where the Councillor is accompanied by his or her spouse/partner or accompanying person (ie. a person who has a close personal relationship with the councillor and/or provides carer support to the councillor), all costs for the spouse/partner or accompanying person, including travel, meals and room upgrades are to be met by the Councillor or spouse/partner of accompanying person.

10.1.2. The spouse/partner or accompanying person’s registration and or program fees (if attending), are to be paid to the conference organiser and paid at time of registration.  The Council is prepared to receive such registration and payments and forward them on to the conference organiser with any Councillor’s registration.

10.1.3. Where Council meets, on account, any expenditure or costs on behalf of an accompanying person attending a conference, such expenditure must be repaid to the Council by the Councillor within seven (7) days of being invoiced for such expenditure following the conclusion of the conference.

10.1.4. Limited expenses of spouses, partners and accompanying persons will be met by Council in association with the Mayor or Councillors’ attendance at the Local Government Association’s Annual Conference.  These expenses will be limited to registration costs and attendance at the conference dinner.  Any additional travel and accommodation expenses and the cost of partner tours etc. will be the personal responsibility of the individual Councillor or spouse/partner or accompanying person.

10.2.  Payment of expenses for Spouse/Partner or Accompanying Person at Official Council Functions.

10.2.1. Council will meet reasonable costs for spouses/partners or accompanying persons when accompanying Mayor or Councillors at official council functions that are of a formal and ceremonial nature within the Byron Shire.  Examples include but not limited to, Australia Day award ceremonies, civic receptions and charitable functions or events formally supported by the Council.

10.2.2. Council will also meet reasonable costs for a spouse/partner or accompanying person of the Mayor, or a Councillor when they are representing the Mayor, at an official function of the Council, or carry out an official ceremonial duty while accompanying the Mayor (or Councillor representing the Mayor) outside the Local Government area, but within the State or South East Queensland.

10.2.3. Payment of expenses for a spouse, partner or accompanying person when attending the abovementioned appropriate functions, will be limited to the ticket, meal or the direct cost of attending the function.  Additional expenses such as accommodation, transport, grooming or special clothing are not considered to be reimbursable expenses.

 

11.  INSURANCes

11.1.  Personal Accident Insurance

Whilst ever on Council business, world-wide covering bodily injury caused by accidental, violent, external and visible means up to a sub-limit for death of $500,000.  Also covering permanent disablement, temporary total disability.  The cover does not include medical expenses.   Full details of personal accident insurance are available in Council’s Insurance Manual held by the Risk Management Officer.

11.2.  Professional indemnity

For matters arising out of Councillors’ performance of civic duties or exercise of their functions as Councillors, provided the performance or exercise of the relevant civic duty of function is in the opinion of Council bona fide and/or proper; subject to any limitations or conditions set out in the policy of insurance which is, at the direction of Council, taken out.  No such benefit, irrespective of insurance cover, shall be provided in relation to an action by one Councillor against another Councillor or a Councillor against a member of staff.

11.3.  Public Liability

For matters arising out of Councillor’s performance of civic duties or exercise of their functions as Councillors; subject to any limitation or conditions set out in the policy of insurance which is, at the direction of Council, taken out. No such benefit, irrespective of insurance cover shall be provided in relation to an action by one Councillor against another Councillor or a Councillor against a member of staff.

 

11.4.  Statutory Liability

It provides protection against fines or penalties arising out of breaches of Acts of Parliament, plus the legal costs accrued in defending Council as an entity,  individual Councillors and officers so long as the act was not wilfully committed. The policy will cover costs accrued before an individual is named in proceedings. Costs are then referred to Councillors and Officers policy.

 

11.5.  Councillors and Officers Liability

This policy provides the main protection against personal liability for individual councillors and officers for matter arising from employment practices, civil fines and penalties and their defence costs, pollution defence costs and inquiries/investigations.

 

12.  Claims Procedure

12.1.  Councillors must provide a certified claim in the form at Appendix A for all travel and out of pocket expenses incurred. All claims must be accompanied by tax invoice receipts. 

12.2.  All claims should be made monthly unless otherwise specified.  At the end of each financial year any claims outstanding for the previous financial year must be submitted in the first week of July.

 

12.3.  All reimbursement of expenses must be approved by the General Manager.

12.4.  All expenses being reimbursed must be in accordance with the provisions of this Policy.

12.5.  The Mayor’s Mastercard expense claims must be accompanied by Appendix A “Allowance Claim Form”.  All expenditure must be accompanied by Tax invoice receipts and remitted monthly by a date determined by the Finance Department.

 

13.  DISPUTE RESOLUTION PROCESS

 

Should a dispute arise about the provision of expenses and facilities, or when an expense claim is not approved by the General Manager, then the disputed decision should be reviewed by the Internal Audit Committee, with a report to the full Council meeting.

 

14.  GIFTS AND BENEFITS

In circumstances where it is appropriate for councillors to give a gift or benefit (for example on a council business related trip or when receiving visitors), these gifts and benefits should be of token value and in accordance with Council’s Code of Conduct (clause 8.1)

 

15.  LEGAL EXPENSES AND OBLIGATIONS

 

15.1.  Council may disburse money only if the disbursement is authorised by the Local Government Act 1993, either expressly or because it is supplemental or incidental to or consequential upon the exercise of its functions.

15.2.  In the particular circumstances outlined below, Council may therefore indemnify or reimburse the reasonable legal expenses of a Councillor:

15.2.1. defending an action arising from the performance in good faith of his or her functions as a Councillor as referred to in s731 of the Local Government Act 1993; or

15.2.2. defending an action in defamation provided the statements complained of were made in good faith in the course of exercising his or her functions as a Councillor; or

15.2.3. for proceedings before any investigative or review body provided the conduct being investigated arises from the performance in good faith of his or her functions as a Councillor under the Local Government Act 1993, that the matter before the investigative or review body has progressed past any initial assessment phase to a formal investigation or review and the investigative or review body makes a finding substantially favourable to the Councillor. Investigative or review bodies may include:-

 

(i)         Local Government Pecuniary Interest and Disciplinary Tribunal

(ii)        Independent Commission Against Corruption

(iii)       Office of the NSW Ombudsman

(iv)       Division of Local Government, Department of Premier and Cabinet

(v)        NSW Police Force

(vi)       Director of Public Prosecutions

(vii)      Council’s Conduct Review Committee/Reviewer

15.2.4. In the case of a conduct complaint made against a Councillor, legal costs will only be made available where a matter has been referred by the General Manager to the Conduct Review Committee to make formal enquiries into the matter in accordance with the procedures in Council’s Code of Conduct.

 

15.2.5. In the case of a pecuniary interest or misbehaviour matter legal costs will only be made available where a formal investigation has been commenced by the Division of Local Government.

 

15.3.  Legal expenses incurred in relation to proceedings or investigations arising out of the performance by a Councillor or his or her functions as a Councillor are to be distinguished from expenses incurred in relation to proceedings arising merely from something that a Councillor has done during his or her term of office.  An example of the latter is expenses arising from an investigation as to whether a Councillor acted corruptly by using knowledge of a proposed rezoning for private gain which type of expense would not be reimbursed.

15.4.  Council will not meet the costs of an action in defamation taken by a Councillor as plaintiff in any circumstances.

15.5.  Council will not meet the costs of a Councillor seeking advice in respect of possible defamation, or in seeking a non-litigious remedy for possible defamation.

15.6.  Council will not meet the costs in respect of any legal proceedings initiated by any Councillors, acting as individuals, in any circumstances.

 

15.7.  The amount of expenses that may be reimbursed to a Councillor shall be reduced by the amount of any money that are recouped by the Councillor on any basis.

15.8.  The approval of Council is required to be sought and gained, where possible, prior to legal expenses being incurred.

 

16.  REFERENCE TO COUNCILLOR

 

A reference in this policy to a Councillor includes the Mayor, unless the contrary is expressly indicated.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                             13.2 - Attachment 1

Annexure A – AllOWANCE CLAIM FORM

CR ____________________ ALLOWANCE CLAIM FORM

Section 252, Local Government Act, 1993

 

 

Date

 

Meetings, Authorised Council Business and Inspections

Vehicle Allowance

       under 2.5L               = 68c KM

       over 2.5L                  = 78c KM

Rates subject to change as per Council Agreement (Award)

No of kms                  68c or 78c

 

Total

$

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

Date

Sundry Claims
All receipts/Tax Invoices to be enclosed

Sub Total

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

$

 

I hereby certify that the above expenses have been incurred and accordingly claim reimbursement in accordance with Council Policy. All receipts for sundry items are attached to this Claim Form.

 

Councillor ________________________         _______________________  ____________________

Name (Please Print)                    Signature                                        Date

Office Use Only

Equipment

2151.004 ___

Total $___________

Sundry

2145.006 ___

Total $___________

Travel

2145.002 ___

Total $___________

Carers Expenses

2145.011 ___

Total $___________

Conference

2145.004 ___

Total $___________

Equip Support/svc

2145.012 ___

Total $___________

Telephone/data

2145.005 ___

Total $___________

Consumables

2145.013 ___

Total $___________

Authorised: _____________________________             Date ________________ TOTAL CLAIMED      $___________

E2013/42853


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.2 - Attachment 2

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.2 - Attachment 3

bsc_logo_150dpi_rgb

 

 

 

 

 

 

Draft Policy:

Councillor Expenses and Facilities

2018

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.2 - Attachment 3

 

INFORMATION ABOUT THIS DOCUMENT

Date Adopted by Council

 

Resolution No.

 

Document Owner

Director Corporate and Community Services

Document Development Officer

Corporate Governance Coordinator

Review Timeframe

252(1) of LG Act “Within the first 12 months of each term of a council…”

Last Review Date:

27 October 2016

Next Scheduled Review Date

October 2020

 

Document History

Doc No.

Date Amended

Details Comments eg Resolution No.

 

24/9/96

 

 

5/3/04

Res No. 04-166

#541785

27/9/05

Res No. 05-684

#606871

14/11/06

Res No. 06-730 adopted 28/6/07 07-342

#705189

27/9/07

Res No. 07-511

#754283

24/4/08

Res No. 08-252 placed on exhibition (#760664)

#779620

31/8/08

Res No. 08-525 adopted

#790811

 

Come into effect 13/9/08

#779666

28/8/08

Res No. 08-525

#790824

 

Placed on public exhibition

#805632

27/11/08

Res No 08-727

#815079

27/11/08

Res No 08-727 (adopted after exhibition)

#906057

13/8/09

Res No. 09-634 (adopted after exhibition – no submissions)

#942479

 

Amended in accordance with DLG Guidelines 09-36

#942479

7/10/10

Res No. 10-799 placed on exhibition (#942479)

#1057179

10/02/11

Res No. 10-1110 adopted 10/02/11 Res No. 11-14

#1069432

16/3/11

Res No. 10-1110 adopted 10/2/11 Res No. 11-14 Typo changes – ref Clauses

#1120094

25/8/11

Reported to Council for advertising 8/9/11 to 6/10/11.

#1151504

7/10/11

Adopted after close of exhibition see Res 11-648 – no submissions received

#1184365

9/1/12

Updated Page 3 and 7 of 14 - referencing Clauses

#E2012/7649

9/8/12

Adopted after close of exhibition period see Res 12-602 – no sub received

#E2013/48106

29/8/2013

Reported to Council for advertising #E2013/48057

#E2013/72869

 

Created with incorrect Policy No.

E2013/74016

7/11/13

Adopted after close of exhibition period – no sub received Res No. 13-411

E2014/46393

7/8/2014

Reported to Council for advertising E2014/46307

E2014/53161

12/8/2014

Amended for exhibition as per Res No. 14--378

E2014/61952

17/9/2014

Adopted after close of exhibition – no submissions received

E2015/45197

27/8/2015

Draft amended  reported to Council I2015/718

E2015/72233

29/10/2015

Adopted after close of exhibition – 2 submissions received Res 15-561

E2016/95684

27/10/2016

Amended as per Council Resolution 16-538

E2018/47331

 

Amended in accordance with OLG suggested template (OLG Circular 17-17)

 

Further Document Information and Relationships

List here the related strategies, procedures, references, policy or other documents that have a bearing on this Policy and that may be useful reference material for users of this Policy.

 

Related Legislation*

Local Government Act 1993 Sections 23a 252, 253 254
Local Government (General) Regulation 2005
DLG Guidelines Circular 08/24 Misuse of council resources
DLG Guidelines Circular 08/37 Council decision making prior to ordinary elections
DLG Guidelines Circular No. 09/36 Release of Revised Councillor Expenses and Facilities Guidelines
www.olg.nsw.gov.au
ICAC Publication “No Excuse for Misuse, preventing the misuse of council resources (Guidelines 2)” November 2002
www.icac.nsw.gov.au

OLG Circular 17-17 Councillor Expenses and Facilities Policy – Better Practice Template

Related Policies

Model Code of Conduct

https://www.byron.nsw.gov.au/Council/Your-right-to-Council-information/Policies-publications

Related Procedures/ Protocols, Statements, documents

 

Note: Any reference to Legislation will be updated in the Policy as required. See website http://www.legislation.nsw.gov.au/ for current Acts, Regulations and Environmental Planning Instruments.


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.2 - Attachment 3

TABLE OF CONTENTS

 

POLICY SUMMARY.. 2

PART A – INTRODUCTION.. 3

1.     Introduction. 3

2.     Policy Objectives. 3

3.     Principles. 3

4.     Private or political benefit 4

PART B – EXPENSES.. 5

5.     General Expenses. 5

6.     Specific expenses. 5

General travel arrangements and expenses. 5

Interstate, overseas and long distance intrastate travel expenses. 6

Travel expenses not paid by Council 6

Accommodation and meals. 6

Refreshments for Council related meetings. 7

Professional development 7

Conferences, seminars, workshops and functions. 7

Payment of expenses for spouse/partner or accompanying person at conferences and official Council functions. 8

Guidelines for Authorisation to attend conferences, seminars, workshops and functions. 9

Reporting requirements following attendance at conference, seminar, workshop or function. 9

Information and communications technology (ICT) expenses. 10

Special requirement and carer expenses. 11

Councillor Assistance Program.. 12

Fitness Passport 12

7.     Insurances. 12

8.     Legal Assistance. 13

PART C – FACILITIES.. 15

9.     General facilities for all Councillors. 15

Facilities. 15

Stationery. 15

Administrative support 15

10.   Additional facilities for the Mayor. 16

PART D – PROCESSES.. 17

11.   Approval, payment and reimbursement arrangements. 17

Direct payment 17

Claims for reimbursement 17

Timeframe for submitting reimbursement claim.. 17

Advance payment 17

Notification. 18

Reimbursement to Council 18

12.   Disputes. 18

13.   Return or retention of facilities. 18

14.   Publication. 18

15.   Reporting. 18

16.   Breaches. 18

ANNEXURE A – DEFINITIONS.. 20

ANNEXURE B – AllOWANCE CLAIM FORM.. 21

ANNEXURE C - LEGISLATIVE AND STRATEGIC CONTEXT.. 22


 

POLICY SUMMARY

 

This policy enables the reasonable and appropriate reimbursement of expenses and provision of facilities to councillors to help them undertake their civic duties.

 

It ensures accountability and transparency, and seeks to align councillor expenses and facilities with community expectations. Councillors must not obtain private or political benefit from any expense or facility provided under this policy.

 

The policy has been prepared in accordance with the Local Government Act 1993 (the Act) and Local Government (General) Regulation 2005 (the Regulation), and complies with the Office of Local Government’s Guidelines for the payment of expenses and provision of facilities to Mayors and Councillors in NSW.

 

The policy sets out the maximum amounts council will pay for specific expenses and facilities. Expenses not explicitly addressed in this policy will not be paid or reimbursed.

 

The main expenses and facilities are summarised in the table below and detailed at Annexure D. The annexure may be updated each budget cycle as per Council’s adopted budget.  If there are material changes, it will be represented to Council for adoption. All monetary amounts are exclusive of GST.

 

Expense or facility

Maximum amount
(either total allocation or per councillor)

Frequency

General travel expenses

$17,700 – total

Annual

Accommodation and meals

As required – refer to Part B Monetary Rates of the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as a guide

 

Professional development

$10,000 – total

Annual

Conferences and seminars

$19,600 – total

Annual

ICT equipment and consumables

$3,700/councillor (year 1 of term)

$2,000/councillor (over year 2 and 3 of term)

$1,000/councillor (year 4 of term)

Annual

ICT support services

$2000 – total 

Annual

Telephone (fixed line/mobile)

$235 (Mayor)

$200 (Councillors)

Monthly

Access to facilities in Councillor room

Provided to all councillors

 

Council vehicle and fuel card

Provided to the Mayor

 

Furnished office and meeting space

Provided to the Mayor

 

Support staff

Provided to all councillors

 

 

Additional costs incurred by a councillor in excess of these limits are considered a personal expense that is the responsibility of the councillor.

 

Councillors must provide claims for reimbursement within three months of an expense being incurred. Claims made after this time cannot be approved.

 

Detailed reports on the provision of expenses and facilities to councillors will be publicly tabled at a council meeting every six months and published in full on council’s website. These reports will include expenditure summarised by individual councillor and as a total for all councillors.

PART A – INTRODUCTION

 

1.    Introduction

 

1.1.      Under the Local Government Act 1993 (Section 252 to 254), requires that the Council must adopt a policy concerning the payment of expenses and the provision of facilities to the Mayor and other Councillors.

1.2.      The provision of expenses and facilities enables Councillors to fulfil their civic duties as the elected representatives of Byron Shire Council.

1.3.      The community is entitled to know the extent of expenses paid to Councillors, as well as the facilities provided.

1.4.      The purpose of this Policy is to clearly state the facilities and support that are available to Councillors to assist them in fulfilling their civic duties.

1.5.      Council staff are empowered to question or refuse a request for payment from a Councillor when it does not accord with this Policy.

1.6.      Expenses and facilities provided by this Policy are in addition to fees paid to Councillors. The minimum and maximum fees a council may pay each councillor are set by the Local Government Remuneration Tribunal as per Section 241 of the Act and reviewed annually. Council must adopt its annual fees within this set range.

1.7.      Section 428(2)(f) of the Act requires a council to include in its Annual Report:

 

·     Total amount of money expended during the year on providing those facilities and paying those expenses.

·     Council’s Policy on the provision of facilities for, and the payment of expenses to Councillors.

·     The payment of Councillors’ expenses, together with a statement of the total amount of money expended during that year on the provision of such facilities and the payment of such expenses.

 

1.8.      This Policy should be read in conjunction with Council’s Code of Conduct, in particular, Part 5 – Personal Benefit, and Part 7 – Access to Information and Council Resources, DLG Circular 08/24 – Misuse of Council resources and DLG Circular 08/37 – Council decision making prior to ordinary elections.

 

2.    Policy Objectives

 

The objectives of this Policy are to:

 

2.1.      enable the reasonable and appropriate reimbursement of expenses incurred by Councillors while undertaking their civic duties

2.2.      enable facilities of a reasonable and appropriate standard to be provided to Councillors to support them in undertaking their civic duties

2.3.      ensure accountability and transparency in reimbursement of expenses and provision of facilities to Councillors

2.4.      ensure facilities and expenses provided to Councillors meet community expectations

2.5.      support a diversity of representation

2.6.      fulfil the Council’s statutory responsibilities.

 

3.    Principles

 

Council commits to the following principles:

 

3.1.      Proper conduct: Councillors and staff acting lawfully and honestly, exercising care and diligence in carrying out their functions

3.2.      Reasonable expenses: providing for Councillors to be reimbursed for expenses reasonably incurred as part of their role as Councillor

3.3.      Participation and access: enabling people from diverse backgrounds, underrepresented groups, those in carer roles and those with special needs to serve as a Councillor

3.4.      Equity: there must be equitable access to expenses and facilities for all Councillors

3.5.      Appropriate use of resources: providing clear direction on the appropriate use of Council resources in accordance with legal requirements and community expectations

3.6.      Accountability and transparency: clearly stating and reporting on the expenses and facilities provided to Councillors.

 

4.    Private or political benefit

 

4.1.      Councillors must not obtain private or political benefit from any expense or facility provided under this Policy.

4.2.      Private use of Council equipment and facilities by Councillors may occur from time to time. For example, telephoning home to advise that a Council meeting will run later than expected.

4.3.      Such incidental private use does not require a compensatory payment back to Council.

4.4.      Councillors should avoid obtaining any greater private benefit from Council than an incidental benefit. Where there are unavoidable circumstances and more substantial private use of Council facilities does occur, Councillors must reimburse the Council.

4.5.      Campaigns for re-election are considered to be a political benefit. The following are examples of what is considered to be a political interest during a re-election campaign:

 

·     production of election material

·     use of Council resources and equipment for campaigning

·     use of official Council letterhead, publications, websites or services for political benefit

·     fundraising activities of political parties or individuals, including political fundraising events.

 


 

PART B – EXPENSES

 

5.    General Expenses

 

5.1.    All expenses provided under this Policy will be for a purpose specific to the functions of holding civic office.  Allowances for general expenses are not permitted under this Policy.

5.2.    Expenses not explicitly addressed in this Policy will not be paid or reimbursed.

 

6.    Specific expenses

 

General travel arrangements and expenses

 

6.1.      Councillors should utilise the most direct route from their place of residence or employment and the most practicable and economical mode of transport.

6.2.      Councillors are entitled to allowance for travel expenses, as allocated in the annual budget, incurred while undertaking official business, professional development or attending approved conferences and seminars within NSW. This includes reimbursement:

 

·     For public transport fares

·     For the use of a private vehicle (subject to the Councillor’s private vehicle being currently registered and covered by Compulsory Third Party Insurance) or hire car.

 

a)  Allowances for the use of a private vehicle will be reimbursed by kilometre at the rate contained in the Local Government (State) Award.

b)  Councillors seeking to be reimbursed for use of a private vehicle must keep a log book recording the date, distance and purpose of travel being claimed. Copies of the relevant log book contents must be provided with the claim.

c)  All vehicle allowance claims to be made in accordance with the Claims Procedure at Section 11.

 

·     For parking costs for Council and other meetings

·     For tolls

·     By Cabcharge card or equivalent

·     For documented ride-share programs, such as Uber, where tax invoices can be issued.

 

6.3.      Travel expenses are reimbursed for attendance at:

 

·     Council, Committee or Sub-Committee meetings and appointments at the Council Chambers, Council’s Training Rooms, Depots and Halls/Community Centres for Council business;

·     inspections within the Council’s area undertaken in compliance with a resolution of the Council if for good reason they are unable to use transport when provided by Council;

·     public meetings convened by the Council;

·     individual or personal inspections of any site within Council’s area listed on the current Council Meeting Agenda, if for good reason they are unable to use transport when provided by the Council;

·     periodical conferences, seminars and training as stated in Clause 6.32.

·     Council Regional Committee or Sub-Committee meetings.

·     any other official Council events, functions, meeting and public information sessions.

 

Interstate, overseas and long distance intrastate travel expenses

 

6.4.      Given Council’s location near an interstate border, travel to Queensland will be considered as general travel. Arrangements and expenses for this travel will be governed by Clauses 6.1-6.3.

6.5.      In accordance with clause 4, Council will scrutinise the value and need for Councillors to undertake overseas travel. Councils should avoid interstate, overseas and long distance intrastate trips unless direct and tangible benefits can be established for the Council and the local community. This includes travel to sister and friendship cities.

6.6.      Total interstate, overseas and long distance intrastate travel expenses for all Councillors is to be deducted from the travel allowance, as allocated in the annual budget.

6.7.      Councillors seeking approval for any interstate and long distance intrastate travel must submit a case to, and obtain the approval of, the General Manager prior to travel.

6.8.      Councillors seeking approval for any overseas travel must submit a case to, and obtain the approval via a Council resolution prior to travel

6.9.      The case should include:

·     objectives to be achieved in travel, including an explanation of how the travel aligns with current Council priorities and business, the community benefits which will accrue as a result, and its relevance to the exercise of the Councillor’s civic duties

·     who is to take part in the travel

·     duration and itinerary of travel

·     a detailed budget including a statement of any amounts expected to be reimbursed by the participant/s.

 

6.10.    Where trains are used, the Council will provide first class travel, including a sleeping berth where necessary.

6.11.    For interstate and long distance intrastate journeys by air of less than three hours, the class of air travel is to be economy class.

6.12.    For interstate journeys by air of more than three hours, the class of air travel may be premium economy.

6.13.    For international travel, the class of air travel is to be premium economy if available. Otherwise, the class of travel is to be economy.

6.14.    Bookings for approved air travel are to be made through the General Manager’s office.

6.15.    For air travel that is reimbursed as Council business, Councillors will not accrue points from the airline’s frequent flyer program. This is considered a private benefit.

 

Travel expenses not paid by Council

 

6.16.    Council will not pay any traffic or parking fines or administrative charges for road toll accounts.

6.17.    Any time occupied or travel incurred, other than Council business, is not included in the calculation of expenses to be paid.

6.18.    Council will not reimburse any travel claim made later than three months after the expenses were incurred, or without an official receipt for payments.

 

Accommodation and meals

 

6.19.    In circumstances where it would introduce undue risk for a Councillor to travel to or from official business in the late evening or early morning, reimbursement of costs for accommodation and meals on the night before or after the meeting may be approved by the General Manager. This includes where a meeting finishes later that 9.00pm or starts earlier than 7.00am and the Councillor lives more than 50 kilometres from the meeting location.

6.20.    Council will reimburse costs for accommodation and meals while Councillors are undertaking prior approved travel or professional development outside the Northern Rivers.

6.21.    The daily limits for accommodation and meal expenses within Australia are to be reasonable and at the discretion of the General Manager.  As a guide, Part B Monetary Rates of the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, can be referred to.

6.22.    The daily limits for accommodation and meal expenses outside Australia are to be determined in advance by the General Manager, being mindful of Clause 6.19.

6.23.    Councillors will not be reimbursed for alcoholic beverages or expenses of a normal private nature.

 

Refreshments for Council related meetings

 

6.24.    Appropriate refreshments will be available for Council meetings, Council committee meetings, Councillor briefings, approved meetings and engagements, and official Council functions as approved by the General Manager.

 

Professional development

 

6.25.    Council will allocate funds annually in its budget to facilitate professional development of Councillors through programs, training, education courses and membership of professional bodies.

6.26.    In the first year of a new Council term, Council will provide a comprehensive induction program for all Councillors which considers any guidelines issued by the Office of Local Government (OLG). The cost of the induction program will be in addition to the ongoing professional development funding.

6.27.    Annual membership of professional bodies will only be covered where the membership is relevant to the exercise of the Councillor’s civic duties, the Councillor actively participates in the body and the cost of membership is likely to be fully offset by savings from attending events as a member.

6.28.    Approval for professional development activities is subject to a prior written request to the General Manager outlining the:

 

·     details of the proposed professional development

·     relevance to Council priorities and business

·     relevance to the exercise of the Councillor’s civic duties.

 

6.29.    In assessing a Councillor request for a professional development activity, the General Manager must consider the factors set out in Clause 6.28, as well as the cost of the professional development in relation to the Councillor’s remaining annual budget.

 

Conferences, seminars, workshops and functions

 

6.30.    Council is committed to ensuring its Councillors are up to date with contemporary issues facing Council and the community, and local government in NSW.

6.31.    The conferences, seminars, workshops and functions to which this Policy applies shall generally be confined to:

 

·     Local Government NSW Annual Conference and National General Assembly

·     Special “one-off” conferences called or sponsored by or for LGNSW on important issues;

·     Annual conferences and congresses of the major professions in local government;

·     Australian Sister Cities Conferences;

·     Regional Organisation of Councils Conferences

·     Conferences, seminars, workshops and functions, within the annual budget, which advance the professional development of elected members in their role as Councillors and/or fulfil their obligations as a civic leader.

·     Any meetings or conferences of organisations or bodies on which a Councillor of the Council may be elected, or appointed to be, a delegate or member of the Council or LGNSW.

 

6.32.    Council will meet the reasonable cost of registration fees, transportation and accommodation associated with attendance at conferences endorsed by Council or approved by the General Manager.

 

·     Registration includes the costs (charged by organisers) of related official luncheons, dinners and tours which are relevant to the interests of the Council or assist Councillors to discharge the functions of their civic office. Council will also meet the reasonable cost of meals when they are not included in the conference fees (refer to clause 6.19-6.23 Accommodation and Meals).

·     Reasonable out of pocket expenses associated with attending conferences, seminars, workshops and functions can be claimed up to a maximum of $100 per day.

 

a)  Out of pocket expenses for which amounts are claimed relate only to the verified (tax invoice) costs of meals, travel, registration fees, stationery and the like;

 

6.33.    Council will set aside budget annually to facilitate Councillor attendance at conferences, seminars, workshops and functions. This allocation is for all Councillors. The General Manager will ensure that access to expenses relating to these events is distributed equitably.

 

Payment of expenses for spouse/partner or accompanying person at conferences and official Council functions

 

6.34.    Payment of expenses for spouse/partner or accompanying person at conferences and official Council functions are to be borne by the Councillor.

6.35.    Payment of expenses related to the spouse/partner’s ticket, meal or the direct cost of attending the function, are able to be reimbursed for the below only:

 

·     the Local Government NSW Annual Conference dinner

·     official council functions that are of a formal and ceremonial nature within the Byron Shire.  (For example Australia Day award ceremonies, civic receptions and charitable functions or events formally supported by the Council.

·     official council functions that are of a formal and ceremonial nature (only when accompanying the Mayor or a Councillor who is representing the Mayor) outside the Local Government area, but within the State or South East Queensland.


 

Guidelines for Authorisation to attend conferences, seminars, workshops and functions

 

6.36.    A resolution of Council is required to authorise attendance of Councillors at:

 

·     LGNSW Conference(s) as a voting delegate

·     National General Assembly of Local Government as a voting delegate

·     Overseas conferences

·     Any other discretionary conference, seminar, workshop or function.

 

6.37.    The General Manager and Mayor may jointly authorise Councillors’ attendance at any discretionary conference, seminar, workshop or function that is not able to be authorised at a Council meeting, provided it is one conference, seminar or similar function per Councillor per financial year provided the conference is held in NSW, the ACT or South East Queensland and the Councillor has not attended a previous conference that year.

 

If the Mayor requires approval to attend a conference, seminar, workshop or function not able to be authorised at a Council meeting the Deputy Mayor and General Manager jointly may authorise the Mayor’s attendance.

 

6.38.    The General Manager may approve the Mayor and Councillors' attendance at conference, seminar, workshop or function held in the local area up to the value as per Annexure D.

6.39.    In assessing a Councillor request, the Council or General Manager must consider factors including the:

 

·     relevance of the topics and presenters to current Council priorities and business and the exercise of the Councillor’s civic duties

·     cost of the event in relation to the total remaining budget.

 

6.40.    Procedures for attendance:

 

·     Staff will prepare a report to Council inviting nominations to attend the following conferences:

 

a)  Local Government NSW Annual Conference

b)  National General Assembly of Local Government

 

·     Submission of motions to the Local Government NSW Annual Conference and National General Assembly for consideration by Council will be done by notice of motion, which can be considered during the year.

·     Staff will remind Councillors of the opportunity to submit motions for these conferences in May in the case of the National General Assembly of Local Government and in August in the case of the LGNSW Annual Conference.

·     All other conference, seminar, workshop or function attendance requiring Council resolution will be submitted as a notice of motion by a Councillor wishing to attend, in accordance with Council’s normal procedures for such notices of motion. Councillors other than the Councillor who submitted the notice of motion may be authorised to attend by Council.

 

Reporting requirements following attendance at conference, seminar, workshop or function

 

6.41.    The Mayor and Councillors are required to report in writing a Delegate’s Report to an Ordinary Meeting of Council on the aspects of the conference, seminar, workshop or function relevant to Council business and or the local community.  The report must be submitted to the General Manager within one month of the Councillor’s or Mayor’s attendance at the conference, seminar, workshop or function.

 

Information and communications technology (ICT) expenses

 

6.42.    Council will provide Councillors with a tablet at the commencement of their term in order to undertake their civic duties such as receiving and reading Council business papers and diary and appointment management.

6.43.    Council will provide or reimburse Councillors for expenses associated with appropriate ICT devices and services. This may include mobile phones and laptops (tablet device provided by Council); mobile phone, laptop and tablet services and data; and home internet costs. The maximum limit for devices and services per annum for each Councillor:

 

6.43.1.   Fixed landline and Mobile charges for: voice calls, data services, telephone/mobile line/handset rental:

 

a)    Mayor – maximum as per Annexure D

b)    Councillor – maximum as per Annexure D

c)    The mobile and landline number is to be made available to the public.

 

6.43.2.   Computer hardware (including laptops, tablets and smartphones), printer, software, line installation and services

 

a)    maximum as per Annexure D (per Mayor/Councillor) in the first year only for term of office, for initial purchase of equipment, software licenses/applications, consumables, protective covers or carry case for equipment and line installation (including one additional extension point for an existing phone line or one separate point for a dedicated line) as deemed necessary for business paper distribution, to work with documents supplied by Council and for communications.

b)    maximum as per Annexure D (per Mayor/Councillor) over the second and third years of office, for purchase of equipment, software licenses/applications, consumables and protective covers or carrycase for equipment and maintenance and servicing costs for line equipment for the purposes stated in a) above;

c)    maximum as per Annexure D (per Mayor/Councillor) in the fourth year of office per annum for consumables and protective covers or carry case for equipment purchased, or maintenance and servicing costs for line equipment for the purpose stated in a) above.

d)    maximum of as per Annexure D (total for all Councillors including Mayor) per annum for computer/tablet/printer backup support and training services provided by hardware supplier/local providers.

e)    The fax number, if fax machine is purchased, is to be provided to the public.

 

6.44.    Reimbursements will be made only for communications devices and services used for Councillors to undertake their civic duties, such as:

 

·     receiving and reading Council business papers

·     relevant phone calls and correspondence

·     diary and appointment management.

 

Special requirement and carer expenses

 

6.45.    Council encourages wide participation and interest in civic office. It will seek to ensure Council premises and associated facilities are accessible, including provision for sight or hearing impaired Councillors and those with other disabilities.

6.46.    Transportation provisions outlined in this Policy will also assist Councillors who may be unable to drive a vehicle.

6.47.    In addition to the provisions above, the General Manager may authorise the provision of reasonable additional facilities and expenses in order to allow a Councillor with a disability to perform their civic duties.

6.48.    Councillors who are the principal carer of a child or other elderly, disabled and/or sick immediate family member will be entitled to reimbursement of carer’s expenses up to an amount established per annum in the annual budget for attendance at essential official business, plus reasonable travel from the principal place of residence. The affected Councillor will make a separate application in each instance, for determination by the General Manager.

6.49.    Child care expenses may be claimed for children up to and including the age of 16 years where the carer is not a relative , A ‘relative’ is defined as a spouse, defacto partners, parent, son, daughter, brother, sister or grandparent..

6.50.    In the event of caring for an adult person, Councillors will need to provide suitable evidence to the General Manager that reimbursement is applicable. This may take the form of advice from a medical practitioner.

6.51.    After approval, Council will reimburse actual expenses incurred by Councillors upon submission of a claim (in line with the Claims Procedure at Clause 11.7) supported by

receipts and details of the activity attended.

 


 

Councillor Assistance Program

 

6.52.    Council has a duty of care for the mental health and wellbeing of its employees and Councillors.  Council will reimburse the cost of up to five sessions with a registered psychologist for each Councillor per calendar year.

 

Fitness Passport

 

6.53.    Councillors are entitled to become members of Council’s Fitness Passport Program.

6.54.    Councillor’s membership to the Fitness Passport Program is only valid for the duration of their term of Council.

 

7.    Insurances

 

7.1.      In accordance with Section 382 of the Local Government Act, Council is insured against public liability and professional indemnity claims. Councillors are included as a named insured on this Policy.

 

·     Professional Indemnity - insurance applies in relation to claims arising out of the Councillors' (alleged) negligent performance of civic duties or exercise of their functions as Councillors, provided the performance or exercise of the relevant civic duty or function is in the opinion of Council bona fide and/or proper. This is subject to any limitations or conditions set out in the policy of insurance that is taken out at the direction of Council. No benefit, irrespective of insurance cover, is provided in relation to an action by one Councillor against another Councillor or a Councillor against a member of staff.

·     Public Liability - insurance applies in relation to claims arising out of the Councillors' (alleged) negligent performance of civic duties or exercise of their functions as Councillors. This is subject to any limitations or conditions set out in the policy of insurance that is taken out at the direction of Council. No benefit, irrespective of insurance cover, is provided in relation to an action by one Councillor against another Councillor or a Councillor against a member of staff.

 

7.2.      Insurance protection is only provided if a claim arises out of or in connection with the Councillor’s performance of his or her civic duties, or exercise of his or her functions as a Councillor. All insurances are subject to any limitations or conditions set out in the policies of insurance.

7.3.      Personal Injury - or death whilst on Council business, worldwide, covering bodily injury caused by accidental, violent, external and visible means. There is a sub- limit for death of 5 x annual salary (up to $1 million) with a minimum benefit of $500,000. Personal injury insurance also provides specified benefits for lost income and other expenses arising from permanent disablement, temporary total disability and temporary partial disability. Cover includes unlimited medical expenses incurred overseas as well as emergency evacuation on business travel.

7.4.      Statutory Liability- provides protection against fines or penalties arising out of breaches of Acts together with the legal costs incurred in defending Council as an entity, including Councillors and officers, so long as the act was not wilfully committed. Cover extends to costs incurred before an individual is named in proceedings. Thereafter costs are dealt with under Councillor and Officers Liability.

7.5.      Councillors’ and Officers’ Liability (including Employment Practices Liability) - applies to cover expenses incurred by Councillors and Officers in respect of claims made against them for any alleged wrongful acts arising out of their official capacities.

7.6.      Council shall pay the insurance policy excess in respect of any claim accepted by Council’s insurers, whether defended or not.

7.7.      Appropriate travel insurances with cover for business property and private baggage will be provided for any Councillors travelling on approved travel beyond 50kms of Council offices or residence including while on overseas travel on Council business. A number of restrictions and sub-limits apply.

 

8.    Legal Assistance

 

8.1.      Council may, if requested, indemnify or reimburse the reasonable legal expenses of:

 

·     a Councillor defending an action arising from the performance in good faith of a function under s731 of the Local Government Act provided that the outcome of the legal proceedings is favourable to the Councillor

·     a Councillor defending an action in defamation, provided the statements complained of were made in good faith in the course of exercising a function under the Act and the outcome of the legal proceedings is favourable to the Councillor

·     a Councillor for proceedings before an appropriate investigative or review body, provided the subject of the proceedings arises from the performance in good faith of a function under the Act and the matter has proceeded past any initial assessment phase to a formal investigation or review and the investigative or review body makes a finding substantially favourable to the Councillor. Investigative or review bodies may include:

 

a)  NSW Civil and Administrative Tribunal

b)  Independent Commission Against Corruption

c)  Office of the NSW Ombudsman

d)  Office of Local Government

e)  NSW Police Force

f)  Director of Public Prosecutions

g)  Council’s Conduct Review Committee/Reviewer

 

·     In the case of a code of conduct complaint made against a Councillor, legal costs will only be made available where the matter has been referred by the General Manager to a conduct reviewer and the conduct reviewer has commenced a formal investigation of the matter and makes a finding substantially favourable to the Councillor.

·     Notwithstanding clause 8.1.4., legal costs will not be made available to a Councillor regarding a code of conduct complaint alleging pecuniary interest or misbehaviour, unless the Office of Local Government has commenced a formal investigation and the formal investigation makes a finding favourable to the Councillor

 

8.2.      Legal expenses incurred in relation to proceedings arising out of the performance by a Councillor of his or her functions under the Act are distinguished from expenses incurred in relation to proceedings arising merely from something that a Councillor has done during his or her term in office. For example, expenses arising from an investigation as to whether a Councillor acted corruptly would not be covered by this section.

8.3.      Council will not meet the legal costs:

 

·     of legal proceedings initiated by a Councillor under any circumstances

·     of a Councillor seeking advice in respect of possible defamation, or in seeking a non-litigious remedy for possible defamation

·     for legal proceedings that do not involve a Councillor performing their role as a Councillor.

8.4.      Reimbursement of expenses for reasonable legal expenses must have Council approval by way of a resolution at a Council meeting prior to costs being incurred.

 


 

PART C – FACILITIES

 

9.    General facilities for all Councillors

 

Facilities

 

9.1.      Council will provide the following facilities to the Mayor and Councillors to assist them to effectively discharge their civic duties:

 

·     a Councillor common room appropriately furnished to include telephone, photocopier, printer, desks, computer terminals, pigeon holes and appropriate refreshments.

·     access to shared car parking spaces while attending Council offices on official business.

·     personal protective equipment for use during site visits

·     a name badge which may be worn at official functions, indicating that the wearer holds the office of a Councillor and/or Mayor or Deputy Mayor.

·     An email address - Councillor emails are to be in the format:

 

firstname.lastname@cr.byron.nsw.gov.au

 

Council’s IT department will arrange the setup of this domain.

 

·     Up to a four drawer filing cabinet and associated equipment to be used in place of residence.

·     Postage of hardcopy official correspondence - all hardcopy mail is to be directed through the Council’s own mailing system.  Reimbursement of expenses will only be made where expenses can be verified as use to support a Councillor’s civic duties.

·     Councillors may book meeting rooms for official business in a specified Council building at no cost. Rooms may be booked through the General Manager/Mayor’s assistant or Councillor Support staff.

 

9.2.      The provision of facilities will be of a standard deemed by the General Manager as appropriate for the purpose.

 

Stationery

 

9.3.      Council will provide the following stationery to Councillors each year or as required:

 

9.3.1.     letterhead, to be used only for correspondence associated with civic duties

9.3.2.     business cards using Council’s standard template and Logo

 

Administrative support

 

9.4.      Council will provide administrative support to Councillors to assist them with their civic duties only. Administrative support may be provided by staff in the Mayor’s office or by Councillor Support staff as arranged by the General Manager or their delegate.  Support will be in the form of:

 

·     Publishing Council information, including business papers, memos and workshop presentations which is accessible to Councillors electronically via a web or tablet application

·     Coordination of the shared Councillors’ Diary

·     Conference registration

·     Expense reimbursement

·     Catering for Council meetings and workshops

·     Provision of stationery as per 9.3

 

9.5.      As per Section 4, Council staff are expected to assist Councillors with civic duties only, and not assist with matters of personal or political interest, including campaigning.

 

10.  Additional facilities for the Mayor

 

10.1.    Council will provide to the Mayor a maintained vehicle to a similar standard of other Council vehicles, with a fuel card. The vehicle will be supplied for use on business, professional development and reasonable personal use.

10.2.    The vehicle is returned to Council after completion of his/her term of office, extended leave of absence or at the cessation of his/her civic duties.

10.3.    A parking space at Council’s offices will be reserved for the Mayor’s Council-issued vehicle.

10.4.    Council will provide the Mayor with a furnished office incorporating a computer, telephone and meeting space.

10.5.    In performing his or her civic duties, the Mayor will be assisted by Council staff providing administrative support, as determined by the General Manager.

10.6.    Provision of a MasterCard with Council’s preferred banking institution to the value of $5,000 (see Claims Procedure at Clause 11.7) Note: All expenditure on the credit card must be in accordance with the provisions of the Policy and is not for private use.

 


 

PART D – PROCESSES

 

11.  Approval, payment and reimbursement arrangements

 

11.1.    Expenses should only be incurred by Councillors in accordance with the provisions of this Policy.

11.2.    A general expense allowance will not be paid to Councillors.

11.3.    Approval for incurring expenses, or for the reimbursement of such expenses, should be obtained before the expense is incurred.

11.4.    Final approval for payments made under this Policy will be granted by the General Manager or their delegate.

 

Direct payment

 

11.5.    Council may approve and directly pay expenses. Requests for direct payment must be submitted to Councillor Support staff or assistant to the Mayor for assessment against this Policy using the prescribed form, with sufficient information and time to allow for the claim to be assessed and processed.

 

Claims for reimbursement

 

11.6.    All claims for reimbursement of expenses incurred must be made on the prescribed form at Annexure C, supported by appropriate receipts and/or tax invoices and be submitted to Councillor Support staff or assistant to the Mayor.

 

Timeframe for submitting reimbursement claim

 

11.7.    Unless otherwise specified in this Policy, Councillors must provide all claims for reimbursement within three months of an expense being incurred. Claims made after this time cannot be approved.

11.8.    At the end of each financial year any claims outstanding for the previous financial year must be submitted in the first week of July.

11.9.    The Mayor’s MasterCard expense claims must be accompanied by Annexure B “Allowance Claim Form”.  All expenditure must be accompanied by Tax invoice receipts and remitted monthly by a date determined by the Finance Department.

 

Advance payment

 

11.10.  Council may pay a cash advance for Councillors attending approved conferences, seminars or professional development.

11.11.  The maximum value of a cash advance is $100 per day of the conference, seminar or professional development.

11.12.  Requests for advance payment must be submitted to Councillor Support staff or assistant to the Mayor for assessment against this Policy using the prescribed form with sufficient information and time to allow for the claim to be assessed and processed.

11.13.  Councillors must fully reconcile all expenses against the cost of the advance within one month of incurring the cost and/or returning home. This includes providing to Council:

 

·     a full reconciliation of all expenses including appropriate receipts and/or tax invoices. Appropriate expenses are cost of meals (excluding alcohol, refer to clause 6.23), travel, registration fees, stationery and the like.

·     reimbursement of any amount of the advance payment not spent in attending to official business or professional development.

 

Notification

 

11.14.  If a claim is approved, Council will make payment directly or reimburse the Councillor (not a third party) through accounts payable.

11.15.  If a claim is refused, Council will inform the Councillor in writing that the claim has been refused and the reason for the refusal.

 

Reimbursement to Council

 

11.16.  If Council has incurred an expense on behalf of a Councillor that exceeds a maximum limit, exceeds reasonable incidental private use or is not provided for in this Policy:

 

·     Council will invoice the Councillor for the expense

·     the Councillor will reimburse Council for that expense within 14 days of the invoice date.

 

11.17.  If the Councillor cannot reimburse Council within 14 days of the invoice date, they are to submit a written explanation to the General Manager. The General Manager may elect to deduct the amount from the Councillor’s allowance.

 

12.  Disputes

 

12.1.    If a Councillor disputes a determination under this Policy, the Councillor should discuss the matter with the General Manager.

12.2.    If the Councillor and the General Manager cannot resolve the dispute, then the disputed decision should be reviewed by the Audit, Risk and Improvement Advisory Committee, with a report to the full Council meeting seeking to have the dispute resolved.

 

13.  Return or retention of facilities

 

13.1.    All unexpended facilities or equipment supplied under this Policy are to be relinquished immediately upon a Councillor or Mayor ceasing to hold office or at the cessation of their civic duties.

13.2.    Should a Councillor desire to keep any equipment allocated by Council, then this Policy enables the Councillor to make application to the General Manager to purchase any such equipment. The General Manager will determine an agreed fair market price or written down value for the item of equipment.

13.3.    Council may require reimbursement of a portion of the monetary value of the equipment if a Councillor resigns in the first 12 months of service.

13.4.    The prices for all equipment purchased by Councillors under Clause 13.2 will be recorded in Council’s annual report.

 

14.  Publication

 

14.1.    This Policy will be published on Council’s website.

 

15.  Reporting

 

15.1.    Council will report on the provision of expenses and facilities to Councillors as required in the Act and Regulations.

 

16.  Breaches

 

16.1.    Suspected breaches of this Policy are to be reported to the General Manager.

16.2.    Alleged breaches of this Policy shall be dealt with by following the processes outlined for breaches of the Code of Conduct, as detailed in the Code and in the Procedures for the Administration of the Code.

 


 

ANNEXURE A – DEFINITIONS

 

Listed here are all the terms and acronyms used in this Policy, and their definitions.

appropriate refreshments

Means food and beverages, excluding alcohol, provided by Council to support Councillors undertaking official business

Act

Means the Local Government Act 1993 (NSW)

clause

Unless stated otherwise, a reference to a clause is a reference to a clause of this Policy

Code of Conduct

Means the Code of Conduct adopted by Council or the Model Code if none is adopted

Councillor

Means a person elected or appointed to civic office as a member of the governing body of Council who is not suspended, including the Mayor, unless the contrary is expressly indicated.

General Manager

Means the General Manager of Council and includes their delegate or authorised representative

long distance intrastate travel

Means travel to other parts of NSW/QLD of more than three hours duration by private vehicle

maximum limit

Means the maximum limit for an expense or facility provided in the text and summarised at Clause 5 of this Policy.

official business

Means functions that the Mayor or Councillors are required or invited to attend to fulfil their legislated role and responsibilities for Council or result in a direct benefit for Council and/or for the local government area, and includes:

·      meetings of Council and committees of the whole

·      meetings of committees facilitated by Council

·      civic receptions hosted or sponsored by Council

·      meetings, functions, workshops and other events to which attendance by a Councillor has been requested or approved by Council

professional development

Means a seminar, conference, training course or other development opportunity relevant to the role of a Councillor or the Mayor

Regulation

Means the Local Government (General) Regulation 2005 (NSW)

year

Means the financial year, that is the 12 month period commencing on 1 July each year

 


 

Annexure B – ALLOWANCE CLAIM FORM

 

 

CR ____________________ ALLOWANCE CLAIM FORM

Section 252, Local Government Act, 1993

 

 

 

Date

 

Meetings, Authorised Council Business and Inspections

Vehicle Allowance

       under 2.5L               = 68c KM

       over 2.5L                  = 78c KM

Rates subject to change as per Local Government (State)Award

No of kms                  68c or 78c

 

Total

$

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

 

 

@

 

 

Date

Sundry Claims
All receipts/Tax Invoices to be enclosed

Sub Total

$

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

$

 

I hereby certify that the above expenses have been incurred and accordingly claim reimbursement in accordance with Council Policy and for Council business. All receipts for sundry items are attached to this Claim Form and are in my name. I understand that reimbursement can only be paid directly to me, not to a third party.

 

Councillor ________________________         _______________________  ____________________

Name (Please Print)                   Signature                                Date

Office Use Only

Equipment

2151.004. ___

Total $___________

Sundry

2145.006. ___

Total $___________

Travel

2145.002. ___

Total $___________

Carers Expenses

2145.011. ___

Total $___________

Conference

2145.004. ___

Total $___________

Equip Support/svc

2145.012. ___

Total $___________

Telephone/data

2145.005. ___

Total $___________

Consumables

2145.013. ___

Total $___________

 

Authorised: _____________________________             Date ________________ TOTAL CLAIMED      $___________


 

ANNEXURE C - LEGISLATIVE AND STRATEGIC CONTEXT

 

The Policy has been prepared in accordance with the legislative framework, OLG guidance and fits within objectives of the Community Strategic Plan.

 

Community Strategic Plan

 

The supporting strategies within the 10-year Community Strategic Plan include:

 

5.2: Create a culture of trust with the community by being open, genuine and transparent

5.3: Manage Council’s finances sustainably

 

Legislation and guidance

 

This Policy is in compliance with:

·     Sections 241, 252, 253 and 382 of the Local Government Act 1993 (the Act)

·     Clauses 217 and 403 of the Local Government (General) Regulation 2005

·     Office of Local Government’s Guidelines for the payment of expenses and provision of facilities for Mayors and Councillors in NSW 2009.

·     Office of Local Government Circular 09-36 Guidelines for Payment of Expenses and Facilities

·     Office of Local Government Circular 05-08 legal assistance for Councillors and Council Employees.

·     Office of Local Government Circular 17-17 Council Expenses and Facilities Policy – Better Practice Template

 

Related information

 

·     Sections 241 and 382 of the Local Government Act 1993 (the Act)

·     Code of Conduct Policy

·     NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009


 

ANNEXURE D – EXPENSES AND FACILITIES

 

As per the proposed 2018/19 budget the below allocations are provided for:

 

Expense or facility

Clause

Maximum amount
(either total allocation or per councillor)

Frequency

General travel expenses

6.2

6.6

$17,700 – total

Annual

Accommodation and meals

6.19

6.20

As required – refer to Part B Monetary Rates of the NSW Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as a guide

As required

Out of pocket expenses (attending conferences, workshops etc – eg meals, travel)

6.32

$100/day

As required

Conference, seminar, workshop or function held in the local area

6.38

$500/councillor (approved by the General Manager)

As required

Professional development

6.25

$10,000 – total

Annual

Conferences and seminars

6.32

$19,600 – total

Annual

ICT equipment and consumables

6.43.2

$3,700/councillor (year 1 of term)

$2,000/councillor (over year 2 and 3 of term)

$1,000/councillor (year 4 of term)

Annual

ICT support services

6.43.2

$2,000 – total 

Annual

Telephone (fixed line/mobile)

6.43.1

$235 (Mayor)

$200 (Councillors)

Monthly

Carer expenses

6.48

$3100 – total

Annual

Councillor Assistance Program

6.52

5 sessions/councillor 

Annual

Fitness Passport

6.53

Subsidised and provided to all councillors

Annual

Access to facilities in Councillor room

9.1

Provided to all councillors

 

Council vehicle and fuel card

10.1

Provided to the Mayor

 

Reserved parking space at Council offices

10.3

Provided to the Mayor

 

Furnished office and meeting space

10.4

Provided to the Mayor

 

Support staff

10.5

Provided to all councillors

 

MasterCard

10.6

Provided to the Mayor ($5,000 value)

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                                                         13.2 - Attachment 4

Proposed amendments to Policy: Mayor and Councillor Payment of Expenses and Provision of Facilities

 

Current Policy

Draft Policy

 

Topic

Clause

Page

Amendment Type

Clause

Page

Amendment

From OLG Template?

Comment

1.      

Title

 

 

Remove unnecessary  wording

Title reduced from “Mayor and Councillor Payment of Expenses and Provision of Facilities” to “Councillor and Expenses and Facilities”

Yes

 

2.      

Policy Summary

 

 

 

 

3

Summary of policy

Yes

 

3.         

Introduction

1

1

New points

1.2, 1.4, 1.5

3

1.2     The provision of expenses and facilities enables Councillors to fulfil their civic duties as the elected representatives of Byron Shire Council.

1.4     The purpose of this Policy is to clearly state the facilities and support that are available to Councillors to assist them in fulfilling their civic duties.

1.5        Council staff are empowered to question or refuse a request for payment from a Councillor when it does not accord with this Policy. 

Yes

 

4.      

Objectives

2

1

New points

2.3-2.6

3

2.3        ensure accountability and transparency in reimbursement of expenses and provision of facilities to Councillors

2.4        ensure facilities and expenses provided to Councillors meet community expectations

2.5        support a diversity of representation

2.6     fulfil the Council’s statutory responsibilities.

Yes

 

5.      

Annual Fees

3

1

Moved

1.6

3

Text moved to introduction

Yes

 

6.      

Conduct

2

4

Expanded upon

3.1

3

New clause title “Principles”. New clauses:

3.2        Reasonable expenses: providing for Councillors to be reimbursed for expenses reasonably incurred as part of their role as Councillor

3.3        Participation and access: enabling people from diverse backgrounds, underrepresented groups, those in carer roles and those with special needs to serve as a Councillor

3.4        Equity: there must be equitable access to expenses and facilities for all Councillors

3.5        Appropriate use of resources: providing clear direction on the appropriate use of Council resources in accordance with legal requirements and community expectations

3.6     Accountability and transparency: clearly stating and reporting on the expenses and facilities provided to Councillors.

Yes

 

7.      

Travel expenses

5.1

2

Structural/moved

6.1 - 6.2.

5

Budget figure excluded

Yes

 

8.      

5.1.1-5.1.7

2

Structural/moved

6.3

5

 

Yes

 

9.      

5.2

2

Moved plus additional point

6.2

5

New point:

b)       Councillors seeking to be reimbursed for use of a private vehicle must keep a log book recording the date, distance and purpose of travel being claimed. Copies of the relevant log book contents must be provided with the claim.

Yes

 

10.      

5.3

2

Structural/moved

6.2

5

 

No

 

11.      

5.4

2

Structural/moved

6.16

6

 

Yes

 

12.      

5.5

2

Moved and condensed

6.2

5

“6.2.1 For public transport fares”

Yes

 

13.      

 

 

New points

6.2

5

Inclusion of:

For parking costs for Council and other meetings” and “For tolls

 

Yes

 

14.      

8.7

9

Structural/moved

6.33

7

Included at 6.33. See above

Yes

 

15.      

8.7.1

9

Structural/moved

6.1

5

 

 

 

16.      

8.7.2

9

Moved and expanded upon – same intent

6.2, 6.10-6.13

5, 6

6.10.  Where trains are used, the Council will provide first class travel, including a sleeping berth where necessary.

6.11.  For interstate and long distance intrastate journeys by air of less than three hours, the class of air travel is to be economy class.

6.12.  For interstate journeys by air of more than three hours, the class of air travel may be premium economy.

6.13.  For international travel, the class of air travel is to be premium economy if available. Otherwise, the class of travel is to be economy.

Yes

- Wording consistent with OLG template. - 6.13 now included “premium economy”

17.      

8.7.3

9

Structural/moved

6.2

5

Refer to line items 6 to 12 above

Yes

 

18.      

8.7.4

9

Moved and expanded upon – same intent

6.2

5

Added “By Cabcharge card or equivalent” and “For documented ride-share programs, such as Uber, where tax invoices can be issued”

Yes

Now includes ride share programs

19.      

 

 

New clauses

6.17, 6.18

6

 

 

 

20.      

Payment of expenses

6.1

3

Structural/moved

5.1, 11.2

5, 17

11.2   A general expense allowance will not be paid to Councillors.

Yes

 

21.      

 

 

New clause

5.2

5

5.2     Expenses not explicitly addressed in this Policy will not be paid or reimbursed

Yes

 

22.      

Carers expenses

6.2.1, 7.2.3

3, 4

Combined plus additional point (6.51)

6.48-6.52

11

6.48   Councillors who are the principal carer of a child or other elderly, disabled and/or sick immediate family member will be entitled to reimbursement of carer’s expenses up to an amount established per annum in the annual budget for attendance at essential official business, plus reasonable travel from the principal place of residence. The affected Councillor will make a separate application in each instance, for determination by the General Manager.

6.49   Child care expenses may be claimed for children up to and including the age of 16 years where the carer is not a relative , A ‘relative’ is defined as a spouse, defacto partners, parent, son, daughter, brother, sister or grandparent..

6.50   In the event of caring for an adult person, Councillors will need to provide suitable evidence to the General Manager that reimbursement is applicable. This may take the form of advice from a medical practitioner.

6.51    After approval, Council will reimburse actual expenses incurred by Councillors upon submission of a claim (in line with the Claims Procedure at Clause 11.7) supported by receipts and details of the activity attended.

Yes

 

23.      

Mobile/computer expenses

6.2.2,  6.2.3, 7.2.4-7.2.7

7.2.9,

7.2.11, 7.2.12, 7.2.14

3, 6

Multiple points combined, plus point removed. Same intent

6.43,

6.44

10

Does not include clause:
7.2.14c) Individual Councillors are to meet the cost of accounts above the limit set in Clause 6.2.2

Yes

7.2.14c) is implied at draft 6.44.1b), and covered by draft 5.2

24.      

 

 

New clause

6.42

10

6.42.  Council will provide Councillors with a tablet at the commencement of their term in order to undertake their civic duties such as receiving and reading Council business papers and diary and appointment management.

No

 

25.      

Out of pocket expenses

6.2.4, 8.9

3, 10

Combined and moved

6.32

8

 

No

 

26.      

Reimbursement of expenses

6.3

3

Removed

 

 

 

 

 

27.      

Facilities (Mayor) - Car

7.1.1

3

Moved

10.1

16

10.1      Council will provide to the Mayor a maintained vehicle to a similar standard of other Council vehicles, with a fuel card. The vehicle will be supplied for use on business, professional development and reasonable personal use.

Yes

28.      

Facilities (Mayor) - Office

7.1.2

4

Structural/moved

10.4

16

 

Yes

 

29.      

Facilities (Mayor) – Administrative

7.1.3, 7.1.4

4

Reworded – same intent

10.5

16

10.5   In performing his or her civic duties, the Mayor will be assisted by a small number of staff providing administrative and secretarial support, as determined by the General Manager.

Yes

Wording consistent with OLG template

30.      

Facilities (Mayor) – Refreshments

 

 

 

 

 

 

 

 

 

7.1.5

4

Removed

 

 

 

No

Refreshments are available upon request, to reduce waste from out of date stored products. Provisions are provided to all Councillors on Council meeting and workshop days in the Councillors’ Room

31.      

Facilities (Mayor) – Credit card

7.1.6

4

Structural/moved

10.6

16

 

No

 

32.      

Facilities – Disability inclusion

7.2.1

4

Expanded upon – same intent

6.45-6.47

11

6.45.  Council encourages wide participation and interest in civic office. It will seek to ensure Council premises and associated facilities are accessible, including provision for sight or hearing impaired Councillors and those with other disabilities.

6.46.  Transportation provisions outlined in this Policy will also assist Councillors who may be unable to drive a vehicle.

6.47.  In addition to the provisions above, the General Manager may authorise the provision of reasonable additional facilities and expenses in order to allow a Councillor with a disability to perform their civic duties.

Yes

Wording consistent with OLG template

33.      

Facilities – business cards

7.2.2

4

Structural/moved

9.3.2

15

 

Yes

 

34.      

Facilities – email address

7.2.8

5

Structural/moved

9.1

15

 

No

 

35.      

Facilities – filing

7.2.10

5

Structural/moved

9.1

15

 

No

 

36.      

Facilities – meals/

refreshments for council related meetings

7.2.13

6

Moved and wording changed – same intent

6.24

7

6.24.  Appropriate refreshments will be available for Council meetings, Council committee meetings, Councillor briefings, approved meetings and engagements, and official Council functions as approved by the General Manager.

Yes

Wording consistent with OLG template

37.      

Facilities - Postage

7.2.15

6

Moved, expanded upon – same intent

9.1

15

Extra wording to last sentence “…as use to support a Councillor’s civic duties.”

Similar

 

38.      

Facilities – Support Service

7.2.16

6

Expanded upon – same intent

9.4-9.5

15-16

Extra wording:

9.4     Council will provide administrative support to Councillors to assist them with their civic duties only. Administrative support may be provided by staff in the Mayor’s office or by Councillor Support staff as arranged by the General Manager or their delegate.  Support will be in the form of:...”

New clause:

9.5.    As per Section 4, Council staff are expected to assist Councillors with civic duties only, and not assist with matters of personal or political interest, including campaigning.

Yes

 

39.      

Facilities – Stationery

7.2.17

6

Expanded upon – same intent

9.3

15

9.3.    Council will provide the following stationery to Councillors each year or as required:

9.3.1. letterhead, to be used only for correspondence associated with civic duties

9.3.2. business cards using Council’s standard template and Logo

Yes

 

40.      

Facilities - Transport

7.2.18

6

Structural/moved

9.1

15

 

No

 

41.      

Facilities – Use of private equipment

7.2.19

6

Removed

 

 

 

No

Covered by 6.44 and 6.45

42.      

Facilities – Vehicles

7.2.20

6

Removed

 

 

 

No

 

43.      

Facilities – Common room

 

 

New clause

9.1

15

9.1     A Councillor common room appropriately furnished to include, telephone, photocopier, printer, desks, computer terminals, pigeon holes and appropriate refreshments.

Yes without

“other than following a Council meeting or Councillor monthly workshop”

Wording consistent with OLG template, for clarity, and for consistency with councils in the region which is based on questionnaire to 5 regional councils:

Kyogle, Ballina, Lismore and Richmond Valley provide alcohol after council meetings and councillor workshops only. 

Tweed Council does not provide alcohol in accordance with resolution of council.

44.      

Facilities – Meeting rooms

 

 

New clause (9.1)

9.1

14

9.1     Councillors may book meeting rooms for official business in a specified Council building at no cost. Rooms may be booked through the General Manager/Mayor’s Assistant or Councillor Support staff.

Yes

 

45.      

Acquisition and return of facilities

7.3

7

Reworded, same intent and new clause (13.4)

13.1-13.4

18

13.4.  The prices for all equipment purchased by Councillors under Clause 13.2 will be recorded in Council’s annual report.

Yes (13.1, 13.2, 13.4)

No (13.3)

 

46.      

Conference, seminars, workshops and functions

8.1

7

Moved and removed “training” from subheading and inserted “workshops”.

6.30

7

 

No

 

47.      

8.2

7

Moved and inserted “functions”

6.32

8

 

No

 

48.      

 

 

New clause

6.39

9

6.39.  In assessing a Councillor request, the Council or General Manager must consider factors including the:

·           relevance of the topics and presenters to current Council priorities and business and the exercise of the Councillor’s civic duties

·           cost of the event in relation to the total remaining budget.

 

 

49.      

Training and development

8.3

7

Expanded upon – same intent

 

6.25-6.29

7

New clauses:

6.25.  Council will allocate funds annually in its budget to facilitate professional development of Councillors through programs, training, education courses and membership of professional bodies.

6.26.  In the first year of a new Council term, Council will provide a comprehensive induction program for all Councillors which considers any guidelines issued by the Office of Local Government (OLG). The cost of the induction program will be in addition to the ongoing professional development funding.

6.27.  Annual membership of professional bodies will only be covered where the membership is relevant to the exercise of the Councillor’s civic duties, the Councillor actively participates in the body and the cost of membership is likely to be fully offset by savings from attending events as a member.

6.28.  Approval for professional development activities is subject to a prior written request to the General Manager outlining the:

·           details of the proposed professional development

·           relevance to Council priorities and business

·           relevance to the exercise of the Councillor’s civic duties.

6.29.  In assessing a Councillor request for a professional development activity, the General Manager must consider the factors set out in Clause 6.29, as well as the cost of the professional development in relation to the Councillor’s remaining annual budget.

Yes

Wording consistent with OLG Template

50.      

Guidelines for authorisation to attend conferences, seminars, workshops and functions

8.4

8

- Moved

- Removed “training” and inserted “workshops and functions”

- Removed sentence

6.36-6.41

9

Removed text at 8.4.2:

“Councillors or Mayor’s attendance at conferences authorised by the General Manager and Mayor will be reported to the next quarterly review of the Management Plan.”

 

6.38 – General Manager authorisation of Mayor and Councillors attendance at conferences, seminars, workshops or functions in the local area has value increased from $100 to $500.

No

 

51.      

 

 

New clause

6.4

6

6.4.    Given Council’s location near an interstate border, travel to Queensland will be considered as general travel. Arrangements and expenses for this travel will be governed by Clauses 6.1-6.3.

Yes

 

52.      

Reporting requirements following attendance at conferences, seminars, workshops and functions

8.5

9

Removed text

6.41

9

Removed “training” and inserted “workshops and functions”

No

 

53.      

Registration

8.6

9

Expanded upon – same intent

6.32

7

6.32.  Council will meet the reasonable cost of registration fees, transportation and accommodation associated with attendance at conferences endorsed by Council or approved by the General Manager.

·           Registration includes the costs (charged by organisers) of related official luncheons, dinners and tours which are relevant to the interests of the Council or assist Councillors to discharge the functions of their civic office. Council will also meet the reasonable cost of meals when they are not included in the conference fees (refer to clause 6.19-6.23 Accommodation and Meals).

Yes

Wording consistent with OLG template

54.      

Accommodation and Meals

8.8

9

Moved and new clauses

6.19-6.23

6-7

New clauses:

6.20.  Council will reimburse costs for accommodation and meals while Councillors are undertaking prior approved travel or professional development outside the Northern Rivers.

6.22.  The daily limits for accommodation and meal expenses outside Australia are to be determined in advance by the General Manager, being mindful of Clause 6.19.

6.23   Councillors will not be reimbursed for alcoholic beverages or expenses of a normal private nature.

Yes

Wording consistent with OLG template

55.      

Payment in advance/direct payment

8.10

10

Reworded, same intent

11.5, 11.10-11.13

16

11.5.  Council may approve and directly pay expenses. Requests for direct payment must be submitted to Councillor Support staff or assistant to the Mayor for assessment against this Policy using the prescribed form, with sufficient information and time to allow for the claim to be assessed and processed.

11.10. Council may pay a cash advance for Councillors attending approved conferences, seminars or professional development.

11.11. The maximum value of a cash advance is $100 per day of the conference, seminar or professional development.

11.12. Requests for advance payment must be submitted to Councillor Support staff or assistant to the Mayor for assessment against this Policy using the prescribed form with sufficient information and time to allow for the claim to be assessed and processed.

11.13. Councillors must fully reconcile all expenses against the cost of the advance within one month of incurring the cost and/or returning home. This includes providing to Council:

·           a full reconciliation of all expenses including appropriate receipts and/or tax invoices. Appropriate expenses are cost of meals (excluding alcohol, refer to clause 6.23), travel, registration fees, stationery and the like.

·           reimbursement of any amount of the advance payment not spent in attending to official business or professional development.

Yes

 

56.      

Overseas conferences/ seminars etc

8.11

10

Moved and expanded upon

6.5, 6.6, 6.8, 6.9, 6.13, 6.14, 6.15

6

6.5.    In accordance with clause 4, Council will scrutinise the value and need for Councillors to undertake overseas travel. Councils should avoid interstate, overseas and long distance intrastate trips unless direct and tangible benefits can be established for the Council and the local community. This includes travel to sister and friendship cities.

6.6.    Total interstate, overseas and long distance intrastate travel expenses for all Councillors is to be deducted from the travel allowance, as allocated in the annual budget.

6.8.    Councillors seeking approval for any overseas travel must submit a case to, and obtain the approval of, a full Council meeting prior to travel.

6.9.    The case should include:

·           objectives to be achieved in travel, including an explanation of how the travel aligns with current Council priorities and business, the community benefits which will accrue as a result, and its relevance to the exercise of the Councillor’s civic duties

·           who is to take part in the travel

·           duration and itinerary of travel

·           a detailed budget including a statement of any amounts expected to be reimbursed by the participant/s.

6.13.  For international travel, the class of air travel is to be premium economy if available. Otherwise, the class of travel is to be economy.

6.14.  Bookings for approved air travel are to be made through the General Manager’s office.

6.15.  For air travel that is reimbursed as Council business, Councillors will not accrue points from the airline’s frequent flyer program. This is considered a private benefit.

Yes

 

57.      

Where expenses may not be used

9.1, 9.2

11

Moved and expanded upon

4

4

New title “Private or political benefit”.

And reworded and new clauses:

4.1.    Councillors must not obtain private or political benefit from any expense or facility provided under this Policy.

4.2.    Private use of Council equipment and facilities by Councillors may occur from time to time. For example, telephoning home to advise that a Council meeting will run later than expected.

4.3.    Such incidental private use does not require a compensatory payment back to Council.

4.4.    Councillors should avoid obtaining any greater private benefit from Council than an incidental benefit. Where there are unavoidable circumstances and more substantial private use of Council facilities does occur, Councillors must reimburse the Council.

4.5.    Campaigns for re-election are considered to be a political benefit. The following are examples of what is considered to be a political interest during a re-election campaign:

·           production of election material

·           use of Council resources and equipment for campaigning

·           use of official Council letterhead, publications, websites or services for political benefit

·           fundraising activities of political parties or individuals, including political fundraising events. 

Yes

 

58.      

Spouse/partner or accompanying person

10

11

Structural/moved

6.34-6.35

8

 

No

 

59.      

Insurance

11

12

Updated wording, additional text

7

12

7.1     In accordance with Section 382 of the Local Government Act, Council is insured against public liability and professional indemnity claims. Councillors are included as a named insured on this Policy.

·           Professional Indemnity - insurance applies in relation to claims arising out of the Councillors' (alleged) negligent performance of civic duties or exercise of their functions as Councillors, provided the performance or exercise of the relevant civic duty or function is in the opinion of Council bona fide and/or proper. This is subject to any limitations or conditions set out in the policy of insurance that is taken out at the direction of Council. No benefit, irrespective of insurance cover, is provided in relation to an action by one Councillor against another Councillor or a Councillor against a member of staff.

·           Public Liability - insurance applies in relation to claims arising out of the Councillors' (alleged) negligent performance of civic duties or exercise of their functions as Councillors. This is subject to any limitations or conditions set out in the policy of insurance that is taken out at the direction of Council. No benefit, irrespective of insurance cover, is provided in relation to an action by one Councillor against another Councillor or a Councillor against a member of staff.

7.2     Insurance protection is only provided if a claim arises out of or in connection with the Councillor’s performance of his or her civic duties, or exercise of his or her functions as a Councillor. All insurances are subject to any limitations or conditions set out in the policies of insurance.

7.3     Personal Injury - or death whilst on Council business, worldwide, covering bodily injury caused by accidental, violent, external and visible means. There is a sub- limit for death of 5X annual salary (up to $1 million) with a minimum benefit of $500,000. Personal injury insurance also provides specified benefits for lost income and other expenses arising from permanent disablement, temporary total disability and temporary partial disability. Cover includes unlimited medical expenses incurred overseas as well as emergency evacuation on business travel.

7.4     Statutory Liability- provides protection against fines or penalties arising out of breaches of Acts together with the legal costs incurred in defending Council as an entity, including Councillors and officers, so long as the act was not wilfully committed. Cover extends to costs incurred before an individual is named in proceedings. Thereafter costs are dealt with under Councillor and Officers Liability.

7.5     Councillors’ and Officers’ Liability (including Employment Practices Liability) - applies to cover expenses incurred by Councillors and Officers in respect of claims made against them for any alleged wrongful acts arising out of their official capacities.

7.6     Council shall pay the insurance policy excess in respect of any claim accepted by Council’s insurers, whether defended or not.

7.7     Appropriate travel insurances with cover for business property and private baggage will be provided for any Councillors travelling on approved travel beyond 50kms of Council offices or residence including while on overseas travel on Council business. A number of restrictions and sub-limits apply.

Parts

 

60.      

Claims procedure

12.1

13

Structural/moved

11.6

17

 

Yes

 

61.      

12.2

13

Reworded

11.7, 11.8

17

Replaced wording, with same intent but allowing for 3 months to claim rather than one month:

11.7.  Unless otherwise specified in this Policy, Councillors must provide all claims for reimbursement within three months of an expense being incurred. Claims made after this time cannot be approved.

11.8.  At the end of each financial year any claims outstanding for the previous financial year must be submitted in the first week of July.

11.8 Yes

11.9 No

 

62.      

12.3

13

Structural/moved

11.5

17

 

Yes

 

63.      

12.4

13

Structural/moved

11.2

17

 

Yes

 

64.      

12.5

13

Structural/moved

11.17

18

 

No

 

65.         

 

 

New clauses

 

 

11.3.     Approval for incurring expenses, or for the reimbursement of such expenses, should be obtained before the expense is incurred.

Yes

Wording consistent with OLG template

66.         

Dispute resolution process

13

13

Reworded – same intent

12

18

 

Similar

Refers disputes to the Audit, Risk and Improvement Advisory Committee

67.         

Gifts and benefits

14

13

Removed

 

 

 

 

- Included in Code of Conduct Policy clauses 5.1 and 5.2.

- Not addressed in OLG template

68.         

Legal Assistance

15

13

Reworded

8

13

8.       Legal Assistance

8.1.    Council may, if requested, indemnify or reimburse the reasonable legal expenses of:

·           a Councillor defending an action arising from the performance in good faith of a function under s731 of the Local Government Act provided that the outcome of the legal proceedings is favourable to the Councillor

·           a Councillor defending an action in defamation, provided the statements complained of were made in good faith in the course of exercising a function under the Act and the outcome of the legal proceedings is favourable to the Councillor

·           a Councillor for proceedings before an appropriate investigative or review body, provided the subject of the proceedings arises from the performance in good faith of a function under the Act and the matter has proceeded past any initial assessment phase to a formal investigation or review and the investigative or review body makes a finding substantially favourable to the Councillor. Investigative or review bodies may include:

a)       NSW Civil and Administrative Tribunal

b)       Independent Commission Against Corruption

c)       Office of the NSW Ombudsman

d)       Office of Local Government

e)       NSW Police Force

f)       Director of Public Prosecutions

g)       Council’s Conduct Review Committee/Reviewer

·           In the case of a code of conduct complaint made against a Councillor, legal costs will only be made available where the matter has been referred by the General Manager to a conduct reviewer and the conduct reviewer has commenced a formal investigation of the matter and makes a finding substantially favourable to the Councillor.

·           Notwithstanding clause 8.1.4., legal costs will not be made available to a Councillor regarding a code of conduct complaint alleging pecuniary interest or misbehaviour, unless the Office of Local Government has commenced a formal investigation and the formal investigation makes a finding favourable to the Councillor

8.2.    Legal expenses incurred in relation to proceedings arising out of the performance by a Councillor of his or her functions under the Act are distinguished from expenses incurred in relation to proceedings arising merely from something that a Councillor has done during his or her term in office. For example, expenses arising from an investigation as to whether a Councillor acted corruptly would not be covered by this section.

8.3.    Council will not meet the legal costs:

·           of legal proceedings initiated by a Councillor under any circumstances

·           of a Councillor seeking advice in respect of possible defamation, or in seeking a non-litigious remedy for possible defamation

·           for legal proceedings that do not involve a Councillor performing their role as a Councillor.

8.4.    Reimbursement of expenses for reasonable legal expenses must have Council approval by way of a resolution at a Council meeting prior to costs being incurred.

Yes

Inclusion of Investigative or review bodies at 8.1.3 a)-g) are not included in OLG template.

69.         

Reference to Councillor

16

14

Removed and reworded

Annex B

21

Included in definitions as:

“Councillor: Means a person elected or appointed to civic office as a member of the governing body of Council who is not suspended, including the Mayor, unless the contrary is expressly indicated.”

Yes

 

70.         

Allowance Claim Form

Annex A

15

Extra wording

Annex C

22

Extra wording following the “I hereby certify” sentence. Additional text in italics below:

“I hereby certify that the above expenses have been incurred and accordingly claim reimbursement in accordance with Council Policy. All receipts for sundry items are attached to this Claim Form and are in my name. I understand that reimbursement can only be paid directly to me, not to a third party.”

No

 

71.         

Fitness Passport

 

 

New clause

6.53

6.54

12

6.53 Councillors are entitled to become members of Council’s Fitness Passport Program.

6.54 Councillor’s membership to the Fitness Passport Program is only valid for the duration of their term of Council.

No

Added following Strategic Planning Workshop discussion held 7/9/17

72.         

Councillor assistance program

 

 

New clause

6.52

12

6.52      Council has a duty of care for the mental health and wellbeing of its employees and Councillors.  Council will reimburse the cost of up to five sessions with a registered psychologist for each Councillor per calendar year.

No

Added following Strategic Planning Workshop discussion held 7/9/17

73.         

Publication

 

 

New clause

14

18

14.1.     This Policy will be published on Council’s website.

Yes

 

74.         

Reporting

 

 

New clause

15

18

15.1.     Council will report on the provision of expenses and facilities to Councillors as required in the Act and Regulations.

Yes

 

75.         

Breaches

 

 

New clause

16

18

16.1.     Suspected breaches of this Policy are to be reported to the General Manager.

16.2.     Alleged breaches of this Policy shall be dealt with by following the processes outlined for breaches of the Code of Conduct, as detailed in the Code and in the Procedures for the Administration of the Code.

Yes

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.3 - Attachment 1

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                      13.3 - Attachment 2

 

 

 

 

Text Box:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BYRON SHIRE COUNCIL

 

 

 

POLICY 15/007

 

 

SUSTAINABLE COMMUNITY MARKETS

 

 

 

 

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.3 - Attachment 2

 

INFORMATION ABOUT THIS DOCUMENT

 

 

Date Adopted by Council

17/09/2015

Resolution No.

15-471

Policy Responsibility

Corporate and Community Services

Review Timeframe

Minimum of every 5 years

Last Review Date:

 

Next Scheduled Review Date

17/9/2020

 

 

 

 

 

Document History

Doc No.

Date Amended

Details Comments eg Resolution No.

E2013/51669

 

As presented to the Markets Policy Review PRG Meeting on 30/1/14.

E2014/5260

30/01/14

Created to include revisions from the Markets Policy Review PRG Meeting on 30/1/14.

E2014/15483

06/03/14

Created to include revisions from the Markets Policy Review PRG Meeting on 6/3/14.

E2014/30327

08/05/14

Created to include revisions from the Markets Policy Review PRG Meeting on 8/5/14.

E2014/55208

03/07/14

Created to include revisions from the Markets Policy Review PRG Meeting on 3/7/14.

E2015/11857

25/11/14

Created to include revisions from the Markets Policy Review PRG Meeting on 25/11/14. Reported to Council I2015/331

E2015/33306

22/5/2015

Res 15-228 place on exhibition. Advertisement E2015/33298 from 4/6/2015 to 2/7/2015

E2015/33306

02/09/15

Proposed changes to Section 3.6 as a result of public submission feedback

E2015/33306

17/09/15

Adopted 17/9/15 Res 15-471 (replaces Markets within Byron Shire Policy 5.51)

 

Further Document Information and Relationships

Related Legislation

Local Government Act 1993
Crown Lands Act 1989
Environmental Planning and Assessment Act 1979
State Environmental Planning Policy (Temporary Structures) 2007
Food Act 2003

Related Policies

Business Ethics Policy
Council’s Code of Conduct

Related Procedures/ Protocols, Statements, documents

Sustainable Community Market Regulating Code

 

Note: Any reference to Legislation will be updated in the Policy as required. See website http://www.legislation.nsw.gov.au/ for current Acts, Regulations and Environmental Planning Instruments.

 

 

 


 

 

TABLE OF CONTENTS

 

1.         OBJECTIVES............................................................................................................................. 1

2.         DEFINITIONS............................................................................................................................ 1

3.         POLICY STATEMENT............................................................................................................... 2

3.1      Scope of this Policy.......................................................................................................... 2

3.2      Market Licence................................................................................................................. 3

3.3      Temporary Market Licence.............................................................................................. 3

3.4      Market Frequency............................................................................................................. 3

3.5      Development Consent...................................................................................................... 4

3.6      Market Licence Assessment Criteria................................................................................ 4

3.7      Allocating Market Stall Spaces......................................................................................... 4

 


 

1.    OBJECTIVES

1.1.    To provide vibrant markets to the community and to make markets attractive for both the community and tourists.

 

1.2.    To incubate local small businesses and artisans by providing them an accessible avenue to sell their goods and/or services.

 

1.3.    To encourage production of local agriculture and to provide an accessible avenue for the sale and purchase of locally grown produce to promote local food security.

 

1.4.    To use the crown reserves in a way which supports local community, businesses and attracts tourism, and whose management and consumer access is both equitable and transparent.

 

1.5.    To clarify how approval to manage a market can be obtained, ensuring that market organisers are aware of Council requirements so as to assist and encourage the efficient organisation of markets whilst receiving requisite approvals in a timely and orderly manner.

 

1.6.    To ensure the proper and effective maintenance and enhancement of reserves.

 

1.7.    To support local charities and not for profit organisations.

 

1.8.    To provide Council with recurrent income from markets on Council land to support its Community Strategic Plan.

 

1.9.    To acknowledge the community service provided by Markets and to promote the social benefit to community members.

 

1.10.  To enhance consumer choice and fair prices and enable stallholders to make a reasonable living.

 

 

2.    DEFINITIONS

 

Artisan Market            A Market that primarily features artisans, contemporary art, handicraft and designers, along with wellbeing practitioners and food producers.

 

Community Market    A Market that has a primary purpose to benefit the Local Area.

 

Farmers Market         A regular Market that primarily features fresh food, at which Northern Rivers regional farmers and producers sell their own local farm-origin produce, and associated value-added products directly to consumers.

 

Local Area                  The Local Area is the area contained within the municipal boundary of Byron Shire Council.

 


Local Person              A Local Person is:

 

a)      a resident of the Local Area, or

b)      not a resident of the Local Area but is an owner of rateable land in the Local Area, or

c)      is an occupier or rate paying lessee of rateable land in the Local Area.

 

Market                        The licensed activity of selling, exposing or offering of goods, merchandise or materials, or services for sale by Stall Holders.

 

Market Manager         A person or organisation who holds a licence to use Council owned or managed land for the purpose of operating a Market.

 

Northern Rivers Region  The Northern Rivers Region is the area comprised by the municipal boundaries of Ballina, Lismore, Tweed, Byron, Clarence Valley, Richmond Valley, and Kyogle Shire Councils.

 

Other Market              A Market, other than a Community, Farmers, Artisan Market which meets the objectives of this policy.

 

Stall Holder                 A person to whom a stall site is issued by the Market Manager.

 

Adjoining Shires          Adjoining Shires are those areas comprised by the municipal boundaries of Lismore, Tweed, and Ballina Shires.

 

Temporary Market     A Market conducted for less than three consecutive days and licensed for less than a 12 month period.

 

3.    POLICY STATEMENT

 

3.1     Scope of this Policy

 

a)       This Policy applies to Markets held on Council owned and managed land.

 

b)       This Policy does not prevent or constrain Council or Council as Crown Reserve Trust Manager from operating a Market or Temporary Market on Council owned or managed land.

 

c)       This Policy facilitates opportunities for prospective parties to compete for the use of council owned and managed land for the purposes of operating a Market.

 

d)       This Policy will generate revenue via Market licence fees to assist Council deliver its Community Strategic Plan objectives.

 

e)       Council will licence and regulate Markets on Council owned and managed land with reference to all relevant legislation, this Policy, Market licence agreements, development consent conditions, and the Sustainable Community Markets Regulating Code in force from time-to-time. 

 

f)        Where this Policy and/or Market licence agreements conflict with relevant legislation, the legislation will prevail.

 

g)       Council is committed to the creation of social value and social benefit to the Local Area through the operation of Markets on Council owned and managed land.


 

3.2     Market Licence

 

a)       A licence to conduct a Market shall only be granted through a transparent and competitive process, in accordance with all legislative requirements and providing not less than a 6-months transition period for existing Market Managers.

 

a)       The Market licence will stipulate the Market rental, which will be established and determined by Council and included in Council’s adopted fees and charges.

 

b)       All Market rental income, generated by Markets operated on Council owned land will be used to fund delivery of the Community Strategic Plan objectives.

 

c)       All Market rental income, generated by Markets operated on Council managed Crown Reserves will be used to fund asset renewals, upgrades and improvements in accordance with land management legislation.

 

d)       The term of the Market licence shall be for a maximum term of five consecutive years and shall contain terms and conditions, not limited to, but consistent with the development consent and/or Sustainable Community Markets Regulating Code in force from time-to-time.

 

e)       A Market licence will only be granted in accordance with the relevant land management legislation. 

 

f)        A Market licence shall not be granted prior to development consent, where development consent is required.

 

3.3     Temporary Market Licence

 

a)       A licence to conduct a Temporary Market may be issued, under delegated authority by the General Manager, on receipt of a Temporary Market application and after assessment and consideration in relation to this Policy, any relevant land management requirements and/or legislation.

 

b)       A Temporary Market licence shall not be issued for more than three consecutive terms to the same applicant.

 

c)       A Temporary Market licence shall contain terms and conditions, not limited to, but consistent development consent conditions and/or Sustainable Community Markets Regulating Code in force from time-to-time.

 

d)       All Temporary Market licence fees shall be determined by Council and included in Council’s adopted fees and charges.

 

e)       A Temporary Market licence shall not be granted prior to development consent, where development consent is required.

 

3.4     Market Frequency

 

a)       Markets and Temporary Markets shall only be held on a stipulated day and at a stipulated location as defined in the Market licence. 


 

3.5     Development Consent

 

a)       Development consent and other legislative approvals may be required to conduct a Market on Council owned or managed land.  

 

b)       Obtaining development consent and any other legislative approvals will be the responsibility of the Market Manager. 

 

3.6     Market Licence Assessment Criteria

 

a)   All competitive processes used to establish Market licences will include mandatory and qualitative assessment criteria, with qualitative assessment criteria being consistent with the Objectives of this Policy.

 

b)   The minimum qualitative assessment criteria, as set out below, will be included in all competitive processes used to establish Market licences.

 

Demonstrate the following:

 

i.    Ability to develop, implement and monitor a Market Management Plan in accordance with Council’s Sustainable markets Regulatory Code.

ii.    Experience in Market Management and meeting market licence conditions.

iii.   Knowledge of Byron Shire’s Market culture.

iv.  Experience with, and commitment to, environmental and sustainable operations and initiatives.

v.   The benefits to the local community, for example enabling social interactions, promoting food security and healthy diets, preserving cultural heritage.

vi.  The benefits to the local economy for:

a.   Local employment and small business,

b.   Local Industries, for example sustainable agriculture, arts, crafts, and tourism, and

c.   Local charities and not-for-profit organisations.

 

3.7     Allocating Market Stall Spaces

 

a)      The Market Manager shall allocate stall spaces giving priority to persons selling produce and products from the Local Area for 75% of the total available Market stall spaces, with the remainder of the Market stall spaces being allocated using a priority system based on the following:

 

i.     Local Person

ii.     Not a Local Person but a resident of the Northern Rivers Region

iii.    Others.

 


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.4 - Attachment 1

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.6 - Attachment 1

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.7 - Attachment 1

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Corporate and Community Services                               13.7 - Attachment 2

PDF Creator


 

PDF Creator

 


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.9 - Attachment 1

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.9 - Attachment 1

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.9 - Attachment 2

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.9 - Attachment 3

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.9 - Attachment 3

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.9 - Attachment 3

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                   13.9 - Attachment 3

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.9 - Attachment 3

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.9 - Attachment 4

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.10 - Attachment 1

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.10 - Attachment 2

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.10 - Attachment 2

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.10 - Attachment 2

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.10 - Attachment 3

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.10 - Attachment 4

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.10 - Attachment 4

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.10 - Attachment 5

Local Government (General) Regulation 2005


Schedule 3A     Form of special disclosure of pecuniary interest

(Clause 195A)

Section 451 of the Local Government Act 1993

Form of Special Disclosure of Pecuniary Interest

1   The particulars of this form are to be written in block letters or typed.

2   If any space is insufficient in this form for all the particulars required to complete it, an appendix is to be attached for that purpose which is properly identified and signed by you.

Important information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993. The special disclosure must relate to a pecuniary interest that arises only because of an interest of the councillor in the councillor’s principal place of residence or an interest of another person (whose interests are relevant under section 443 of the Act) in that person’s principal place of residence. You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Civil and Administrative Tribunal.

 

This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

Special disclosure of pecuniary interests

by ____________________________________________________________________________________

          [full name of councillor]


in the matter of __________________________________________________________________________

                   [insert name of environmental planning instrument]


which is to be considered at a meeting of the

 

______________________________________________________________________________________

[name of council or council committee (as the case requires)]


Report No. __________ to be held on the  _________________ day of ________________________ 201 

 

 

Pecuniary interest

Address of land in which councillor or an  associated person, company or body has a proprietary interest (the identified land)1

 

 

 

 

 

 

 

Relationship of identified land to councillor

[Tick or cross one box.]

Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease, trust, option or contract, or otherwise).

Associated person of councillor has interest in the land.

Associated company or body of councillor has interest in the land.

Matter giving rise to pecuniary interest

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land)2

[Tick or cross one box]

The identified land.

Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

 

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

 

Effect of proposed change of zone/planning control on councillor

[Insert one of the following:

“Appreciable financial gain” or

“Appreciable financial loss”]

 

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest.]

 

 

_____________________________

Councillor’s signature

 

_____________________________

Date

 

 

(This form is to be retained by the Council’s general manager and included in full in the minutes of the meeting.)

 

 

1    Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative 4 or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

      Section 442 of the Local Government Act 1993 provides that a "pecuniary interest" is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

2    A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest-see section 448 (g) (ii) of the Local Government Act 1993 .

3    "Relative" is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.11 - Attachment 1

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.11 - Attachment 1

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.11 - Attachment 1

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.11 - Attachment 2

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                                                 13.11 - Attachment 2

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.11 - Attachment 2

PDF Creator


 

PDF Creator


 

PDF Creator


 

PDF Creator


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                       13.11 - Attachment 3

Local Government (General) Regulation 2005


Schedule 3A     Form of special disclosure of pecuniary interest

(Clause 195A)

Section 451 of the Local Government Act 1993

Form of Special Disclosure of Pecuniary Interest

1   The particulars of this form are to be written in block letters or typed.

2   If any space is insufficient in this form for all the particulars required to complete it, an appendix is to be attached for that purpose which is properly identified and signed by you.

Important information

This information is being collected for the purpose of making a special disclosure of pecuniary interests under sections 451 (4) and (5) of the Local Government Act 1993. The special disclosure must relate to a pecuniary interest that arises only because of an interest of the councillor in the councillor’s principal place of residence or an interest of another person (whose interests are relevant under section 443 of the Act) in that person’s principal place of residence. You must not make a special disclosure that you know or ought reasonably to know is false or misleading in a material particular. Complaints made about contraventions of these requirements may be referred by the Director-General to the Local Government Civil and Administrative Tribunal.

 

This form must be completed by you before the commencement of the council or council committee meeting in respect of which the special disclosure is being made. The completed form must be tabled at the meeting. Everyone is entitled to inspect it. The special disclosure must be recorded in the minutes of the meeting.

Special disclosure of pecuniary interests

by ____________________________________________________________________________________

          [full name of councillor]


in the matter of __________________________________________________________________________

                   [insert name of environmental planning instrument]


which is to be considered at a meeting of the

 

______________________________________________________________________________________

[name of council or council committee (as the case requires)]


Report No. __________ to be held on the  _________________ day of ________________________ 201 

 

 

Pecuniary interest

Address of land in which councillor or an  associated person, company or body has a proprietary interest (the identified land)1

 

 

 

 

 

 

 

Relationship of identified land to councillor

[Tick or cross one box.]

Councillor has interest in the land (e.g. is owner or has other interest arising out of a mortgage, lease, trust, option or contract, or otherwise).

Associated person of councillor has interest in the land.

Associated company or body of councillor has interest in the land.

Matter giving rise to pecuniary interest

Nature of land that is subject to a change

in zone/planning control by proposed

LEP (the subject land)2

[Tick or cross one box]

The identified land.

Land that adjoins or is adjacent to or is in proximity to the identified land.

Current zone/planning control

[Insert name of current planning instrument and identify relevant zone/planning control applying to the subject land]

 

Proposed change of zone/planning control

[Insert name of proposed LEP and identify proposed change of zone/planning control applying to the subject land]

 

Effect of proposed change of zone/planning control on councillor

[Insert one of the following:

“Appreciable financial gain” or

“Appreciable financial loss”]

 

[If more than one pecuniary interest is to be declared, reprint the above box and fill in for each additional interest.]

 

 

_____________________________

Councillor’s signature

 

_____________________________

Date

 

 

(This form is to be retained by the Council’s general manager and included in full in the minutes of the meeting.)

 

 

1    Section 443 (1) of the Local Government Act 1993 provides that you may have a pecuniary interest in a matter because of the pecuniary interest of your spouse or your de facto partner or your relative 4 or because your business partner or employer has a pecuniary interest. You may also have a pecuniary interest in a matter because you, your nominee, your business partner or your employer is a member of a company or other body that has a pecuniary interest in the matter.

      Section 442 of the Local Government Act 1993 provides that a "pecuniary interest" is an interest that a person has in a matter because of a reasonable likelihood or expectation of appreciable financial gain or loss to the person. A person does not have a pecuniary interest in a matter if the interest is so remote or insignificant that it could not reasonably be regarded as likely to influence any decision the person might make in relation to the matter or if the interest is of a kind specified in section 448 of that Act (for example, an interest as an elector or as a ratepayer or person liable to pay a charge).

2    A pecuniary interest may arise by way of a change of permissible use of land adjoining, adjacent to or in proximity to land in which a councillor or a person, company or body referred to in section 443 (1) (b) or (c) of the Local Government Act 1993 has a proprietary interest-see section 448 (g) (ii) of the Local Government Act 1993 .

3    "Relative" is defined by the Local Government Act 1993 as meaning your, your spouse’s or your de facto partner’s parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendant or adopted child and the spouse or de facto partner of any of those persons.


BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.12 - Attachment 1

 

 

 

bsc_logo_150dpi_rgb

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BYRON SHIRE COUNCIL

 

STRATEGIC BUSINESS PANEL

 

CONSTITUTION

 

 

 

 



BYRON SHIRE COUNCIL

Staff Reports - Sustainable Environment and Economy                         13.12 - Attachment 1

 

INFORMATION ABOUT THIS DOCUMENT

(INTERNAL USE ONLY)

 

 

Date Adopted by Council