Notice of Meeting
Audit, Risk and Improvement Committee Meeting
An Audit, Risk and Improvement Committee Meeting of Byron Shire Council will be held as follows:
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Venue |
Conference Room, Station Street, Mullumbimby |
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Date |
Thursday, 16 August 2018 |
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Time |
11.30am |
Anna Vinfield
Acting Director Corporate and Community Services I2018/1546
Distributed 09/08/18
CONFLICT OF INTERESTS
What is a “Conflict of Interests” - A conflict of interests can be of two types:
Pecuniary - 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 or another person with whom the person is associated.
Non-pecuniary – a private or personal interest that a Council official has that does not amount to a pecuniary interest as defined in the Local Government Act (eg. A friendship, membership of an association, society or trade union or involvement or interest in an activity and may include an interest of a financial nature).
Remoteness – 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 a matter or if the interest is of a kind specified in Section 448 of the Local Government Act.
Who has a Pecuniary Interest? - a person has a pecuniary interest in a matter if the pecuniary interest is the interest of the person, or another person with whom the person is associated (see below).
Relatives, Partners - a person is taken to have a pecuniary interest in a matter if:
§ The person’s spouse or de facto partner or a relative of the person has a pecuniary interest in the matter, or
§ The person, or a nominee, partners or employer of the person, is a member of a company or other body that has a pecuniary interest in the matter.
N.B. “Relative”, in relation to a person means any of the following:
(a) the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descends or adopted child of the person or of the person’s spouse;
(b) the spouse or de facto partners of the person or of a person referred to in paragraph (a)
No Interest in the Matter - however, a person is not taken to have a pecuniary interest in a matter:
§ If the person is unaware of the relevant pecuniary interest of the spouse, de facto partner, relative or company or other body, or
§ Just because the person is a member of, or is employed by, the Council.
§ Just because the person is a member of, or a delegate of the Council to, a company or other body that has a pecuniary interest in the matter provided that the person has no beneficial interest in any shares of the company or body.
Disclosure and participation in meetings
§ A Councillor or a member of a Council Committee who has a pecuniary interest in any matter with which the Council is concerned and who is present at a meeting of the Council or Committee at which the matter is being considered must disclose the nature of the interest to the meeting as soon as practicable.
§ The Councillor or member must not be present at, or in sight of, the meeting of the Council or Committee:
(a) at any time during which the matter is being considered or discussed by the Council or Committee, or
(b) at any time during which the Council or Committee is voting on any question in relation to the matter.
No Knowledge - a person does not breach this Clause if the person did not know and could not reasonably be expected to have known that the matter under consideration at the meeting was a matter in which he or she had a pecuniary interest.
Participation in Meetings Despite Pecuniary Interest (S 452 Act)
A Councillor is not prevented from taking part in the consideration or discussion of, or from voting on, any of the matters/questions detailed in Section 452 of the Local Government Act.
Non-pecuniary Interests - Must be disclosed in meetings.
There are a broad range of options available for managing conflicts & the option chosen will depend on an assessment of the circumstances of the matter, the nature of the interest and the significance of the issue being dealt with. Non-pecuniary conflicts of interests must be dealt with in at least one of the following ways:
§ It may be appropriate that no action be taken where the potential for conflict is minimal. However, Councillors should consider providing an explanation of why they consider a conflict does not exist.
§ Limit involvement if practical (eg. Participate in discussion but not in decision making or vice-versa). Care needs to be taken when exercising this option.
§ Remove the source of the conflict (eg. Relinquishing or divesting the personal interest that creates the conflict)
§ Have no involvement by absenting yourself from and not taking part in any debate or voting on the issue as if the provisions in S451 of the Local Government Act apply (particularly if you have a significant non-pecuniary interest)
RECORDING OF VOTING ON PLANNING MATTERS
Clause 375A of the Local Government Act 1993 – Recording of voting on planning matters
(1) In this section, planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979:
(a) including a decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but
(b) not including the making of an order under Division 2A of Part 6 of that Act.
(2) The general manager is required to keep a register containing, for each planning decision made at a meeting of the council or a council committee, the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.
(3) For the purpose of maintaining the register, a division is required to be called whenever a motion for a planning decision is put at a meeting of the council or a council committee.
(4) Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document, and is to include the information required by the regulations.
(5) This section extends to a meeting that is closed to the public.
BYRON SHIRE COUNCIL
Audit, Risk and Improvement Committee Meeting
2. Declarations of Interest – Pecuniary and Non-Pecuniary
3. Adoption of Minutes from Previous Meetings
3.1 Audit, Risk and Improvement Committee Meeting held on 17 May 2018
4. Staff Reports
5. Confidential Reports
Corporate and Community Services
5.1 Confidential - Internal Activity & Progress Report - July 2018................................. 4
5.2 Confidential - EPA Licence Audit Review................................................................ 5
5.3 Confidential - Business Continuity Management Strategy....................................... 6
5.4 Confidential - 2018 Interim Audit Management Letter.............................................. 7
Confidential Reports - Corporate and Community Services 5.1
Confidential Reports - Corporate and Community Services
Report No. 5.1 Confidential - Internal Activity & Progress Report - July 2018
Directorate: Corporate and Community Services
Report Author: David Royston-Jennings, Strategic Risk and Improvement Coordinator
File No: I2018/1270
Theme: Corporate Management
Governance Services
Summary:
This report presents the Internal Audit Activity Report - July 2018 prepared by the Internal Auditor, O’Connor Marsden and Associates (OCM).
RECOMMENDATION:
1. That pursuant to Section 10A(2)(f) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report Internal Activity & Progress Report - July 2018.
2. That the reasons for closing the meeting to the public to consider this item be that the report contains:
a) details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property
3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as:
To enter a new line, hit ctrl
enter.
Example reasons only - delete/change as required (and delete these first 2
lines):
(a) disclosure could prejudice the Council's position in litigation; and (b)
disclosure could adversely impact Council's position in the upcoming
negotiations.
1 Internal Audit Activity Report July 2018 (excluding Appendix C), E2018/67716
2 Confidential - Updated BSC Internal Audit Plan July 2018, E2018/64849
BYRON SHIRE COUNCIL
Confidential Reports - Corporate and Community Services 5.2
Report No. 5.2 Confidential - EPA Licence Audit Review
Directorate: Corporate and Community Services
Report Author: David Royston-Jennings, Strategic Risk and Improvement Coordinator
File No: I2018/1311
Theme: Corporate Management
Corporate Services
Summary:
Council’s Internal Auditors, O’Connor Marsden and Associates (OCM), conducted an internal audit review of Environmental Protection Authority (EPA) Licence Controls during June 2018.
This report has been prepared to table the Internal Audit Environmental Protection Authority Controls Review Report (#E2018/64759) prepared by OCM included at Confidential Attachment 1.
This Report includes the findings made by OCM and agreed recommendations with Council’s Management to the findings.
RECOMMENDATION:
1. That pursuant to Section 10A(2)(d)i of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report EPA Licence Audit Review.
2. That the reasons for closing the meeting to the public to consider this item be that the report contains:
a) commercial information of a confidential nature that would, if disclosed prejudice the commercial position of the person who supplied it
3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as:
The report contains commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it.
1 Confidential - Byron Shire Council - Internal Audit Report - EPA - Final, E2018/66430
BYRON SHIRE COUNCIL
Confidential Reports - Corporate and Community Services 5.3
Report No. 5.3 Confidential - Business Continuity Management Strategy
Directorate: Corporate and Community Services
Report Author: David Royston-Jennings, Strategic Risk and Improvement Coordinator
File No: I2018/1310
Theme: Corporate Management
Corporate Services
Summary:
The Audit, Risk and Improvement Advisory Committee requested at its October 2017 meeting to receive regular updates on Council’s approach to business continuity.
This report provides an overview of Council’s draft Business Continuity Management Strategy for consideration by the Committee.
RECOMMENDATION:
1. That pursuant to Section 10A(2)(f) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report Business Continuity Management Strategy.
2. That the reasons for closing the meeting to the public to consider this item be that the report contains:
a) details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property
3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as:
The report contains details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property
1 Confidential - Business Continuity Management Draft Strategy 2018, E2018/50924
BYRON SHIRE COUNCIL
Confidential Reports - Corporate and Community Services 5.4
Report No. 5.4 Confidential - 2018 Interim Audit Management Letter
Directorate: Corporate and Community Services
Report Author: James Brickley, Manager Finance
David Royston-Jennings, Strategic Risk and Improvement Coordinator
File No: I2018/1358
Theme: Corporate Management
Corporate Services
Summary:
Council has received an Interim Audit Management Letter from the External Auditor, the Audit Office of NSW, relating to the 2018 Audit. The Interim Audit Management Letter details three items for management to consider and provides recommendations to improve internal controls and systems.
Each of the audit matters raised in the 2018 Interim Audit Management Letter have been identified in this report for consideration by the Audit, Risk and Improvement Advisory Committee.
RECOMMENDATION:
1. That pursuant to Section 10A(2)(f) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the report 2018 Interim Audit Management Letter.
2. That the reasons for closing the meeting to the public to consider this item be that the report contains:
a) details of systems and/or arrangements that have been implemented to protect council, councillors, staff and Council property
3. That on balance it is considered that receipt and discussion of the matter in open Council would be contrary to the public interest, as:
To enter a new line, hit ctrl
enter.
Example reasons only - delete/change as required (and delete these first 2
lines):
(a) disclosure could prejudice the Council's position in litigation; and (b)
disclosure could adversely impact Council's position in the upcoming
negotiations.
1 Confidential - 2018 Interim Audit Management Letter , E2018/60868