Attachments of Ordinary Meeting

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 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.	Payment of expenses			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.	Mobile/computer expenses			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 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 - Sustainable Environment and Economy 13.22 - Attachment 3

#E2018/47431

CONDITIONS OF CONSENT:

SCHEDULE 1 CONDITIONS OF CONSENT

Parameters of this Consent

1) Development is to be in accordance with approved plans

The development is to be in accordance with plans listed below:

Plan No.

Description

Prepared by

Dated:

2442/SK100

Proposed Subdivision – 3 Lots

Lots 1& 2

Geolink

17/01/18

2442/SK101

Proposed Subdivision – 3 Lots

Lots 1, 2 & 3

Geolink

17/01/18

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.

The approved plans and related documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken.

The following conditions are to be complied with prior to issue of a Construction Certificate for subdivision works

2) Engineering Construction Plans

Three (3) copies of engineering construction plans and specifications must accompany the construction certificate application. Such plans are to provide for the following works in accordance with Council’s current Design and Construction Manuals and Specifications. The submission of the design plans must be accompanied by Northern Rivers Local Government Design and Construction Manual Design Checklist in accordance with Specification DQS:

3) Sewerage and Water Mains

An approval is to be obtained under Section 68 of the Local Government Act 1993 to carry out water supply and sewerage works.

Sewerage and water mains are to be extended to service all residential allotments in the subdivision. All Council gravity sewerage mains are to be a minimum 150 mm diameter and water mains are a minimum 100mm diameter.

Water supply and sewerage works are to comply with Council's latest Standards and Policies including but not limited to:

· Development Design and Construction Manuals, Northern Rivers Local Government, 2009;

· Development Servicing Plan for Water Supply Services, Byron Shire Council, 2011;

· Development Servicing Plan for Sewerage Services, Byron Shire Council, 2011;

· Fire Flow Design Guidelines, Water Directorate, 2011;

· Water and Sewer Equivalent Tenement Policy (13/005), Byron Shire Council, 2013;

· Pressure Sewerage Policy (12/014), Byron Shire Council, 2012.

· Private Sewer Pump Station Policy (12/015), Byron Shire Council, 2012.

The following conditions are to be complied with prior to issue of a Subdivision Certificate

4) Subdivision Certificate application required

An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application.

NOTE: The application must address ALL those conditions of consent required to be complied with “Prior to the issue of a Subdivision Certificate” with a clear explanation how that condition has been complied with, together with supplying ALL the relevant information/documents/certificate and/or plans that is required by that condition.

The application MUST be one complete, concise package, addressing all those conditions. Failure to provide the abovementioned information in one package, will likely result in the application being refused/rejected and returned to you.

5) Plan of Subdivision

The final plan of subdivision must be in accordance with the approved plan/s. A Deposited Plan Administration Sheet (original plus one (1) copy), two (2) copies of the plan of subdivision and any necessary section 88B instrument (original plus one (1) copy) are to be submitted with the application for a subdivision certificate.

6) Completion of All Works

All subdivision works required by this development consent, and associated Construction Certificate, are to be completed prior to issue of the subdivision certificate. A copy of the final completion letter/s, issued by the Principal Certifying Authority, and final plumbing certificate, issued by the water supply authority, for the relevant subdivision works must be submitted with the application for a subdivision certificate.

7) Works-As-Executed Plans

Following completion of works and prior to issue of the subdivision certificate, Work-as-Executed Drawings, together with a Work-As-Executed Certification Report, in accordance with Council’s requirements are to be submitted to Council. Two categories of Work-as-Executed Drawings are to be submitted to Council, being

Amended Design Work-as-Executed Drawings and Summary Work-as-Executed Drawings.

Amended Design Work-as-Executed Drawings, being certified copies of all approved design plans with as constructed departures, deletions and additions clearly noted and detailed on the plans, are to be submitted to Council in the following formats:-

(a) One (1) paper copy at the same scale and format as the approved design plans, but, marked appropriately for as constructed information and with original signatures; and

(b) An electronic copy of above in PDF format and provided to Council on CD, DVD or via email.

Summary Work-as-Executed Drawings are to be prepared on a background plan of lot layout and kerb lines with a set of separate plans for stormwater drainage, sewerage, water supply and site works. The site works drawing/s shall include the 1 in 100 year flood and flood planning level extents and levels, where relevant. Such drawings are to be submitted to Council in the following formats:-

(a) One (1) paper copy of each drawing with original signatures and in accordance with Council’s requirements.

(b) Electronic copy of the above in AutoCAD DWG or DXF format and provided to Council on CD, DVD or via email. The AutoCAD (DWG or DXF) files are to be spatially referenced to MGA Zone 56.

Note: Council’s requirements are detailed in Council’s adopted engineering specifications, currently the Northern Rivers Local Government Development Design and Construction Manuals, and on Council’s website.

8) CCTV Inspection and Report

CCTV inspection shall be undertaken on all completed underground pipe systems, including minor sewer main extensions, in accordance with Council’s specification, currently DEVELOPMENT CONSTRUCTION SPECIFICATION, C402 - SEWERAGE SYSTEM (http://www.lismore.nsw.gov.au/cp_themes/default/page.asp?p=DOC-IMY-18-62-12). Both a hardcopy and electronic copy of the report (submitted in CD or DVD medium in a format suitable to Council) of the CCTV inspection shall be provided to Council for consideration prior to the release of the Subdivision Certificate, Occupation Certificate, Final Inspection for Section 68 Approvals, "Off-maintenance" or Release of Security Bond.

9) Record of Infrastructure

A record of infrastructure coming into Council ownership, upon registration of the final plan of subdivision, is to be submitted to Council. The information is to be submitted in the form of Council’s Standard Form titled “Asset Creation Record”. This form is available from Council’s Local Approvals Section.

10) Electricity Supply Certificate

Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground electricity supply throughout the subdivision.

11) Fibre-ready Facilities and Telecommunications Infrastructure

Prior to the issue of the Subdivision Certificate in connection with a development, the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifying Authority that arrangements have been made for:

1. the installation of fibre-ready facilities to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose; and

2. the provision of fixed-line telecommunications infrastructure in the fibre-ready facilities to all individual lots and/or premises in a real estate development project demonstrated through an agreement with a carrier.

(Note real estate development project has the meanings given in section 372Q of the Telecommunications Act).

12) Geotechnical Report (Lot Classification)

A certificate from a practicing Geotechnical Engineer must be provided in conjunction with a Lot Classification Report prepared in accordance with Australian Standard AS2870.1. Such certificate must certify that all vacant allotments have a building site of adequate size and shape on each lot that is not subject to slip or subsidence.

13) Section 88B Instrument

A Section 88B Instrument and one (1) copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for:

a) Sewer Easements

The creation of easements for drainage of sewage over all sewage pipelines and structures located within the proposed allotments in accordance with Council’s Building Over Pipelines Policy 4.20.

14) Certificate for services within easements

The submission of a certificate from a registered surveyor certifying that all pipelines, structures, access driveways and/or services are located wholly within the relevant easements.

15) Water service and meter to be connected to each lot

A water service and water meter must be connected to each dwelling in the development using an approved backflow prevention device. It is the applicant’s responsibility to engage a licensed plumber who shall liaise with council during this process.

Each Torrens title lot of land shall have an individual service tapped from the main and extending 300mm inside the lot boundary. Each dwelling/unit/shop capable of being subdivided under the Strata or Community Title Schemes shall have a separate water meter

Any new water service and meter will be at the applicants cost.

16) Certificate of Compliance – Water Management Act 2000

Water and sewer services are to be provided to the land in accordance with an approval granted under Section 68 of the Local Government Act 1993.

Payment of developer charges to Byron Shire Council for water supply and sewerage.

A copy of the Certificate of Compliance under Section 307 of the Water Management Act 2000 is to be obtained from Byron Shire Council prior to the issue of a Subdivision Certificate.

Application forms are available from Council’s administration building or online at http://www.byron.nsw.gov.au/files/Forms/Section_305_Certificate.pdf to be submitted for a Certificate of Compliance.

17) Developer Contributions to be paid

Contributions set out in the schedule below are to be paid to Council prior to the release of a subdivision certificate. Contributions are levied in accordance with the Byron Shire Developer Contributions Plan 2012 (as amended). The Plan may be viewed on line at http://www.byron.nsw.gov.au/ or during office hours at the Council Offices located at Station Street, Mullumbimby. These contributions are to fund public amenities and services as listed in the schedule. Additional details on the specific amenities are to be found in the Byron Shire Developer Contributions Plan 2012 (as amended).

The contributions in the schedule are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The schedule contains a date for which the schedule remains valid, after this date you will have to contact Council for an updated schedule.

SCHEDULE 2 PRESCRIBED CONDITIONS

The prescribed conditions in accordance with Division8A of the Environmental Planning and Assessment Regulation apply as are of relevance to this application:

Clause 98 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 http://www.legislation.nsw.gov.au/ - /view/regulation/2000/557/part6/div9

Clause 98A Erection of signs

Clause 98B Notification of Home Building Act 1989 requirements

Clause 98E Condition relating to shoring and adequacy of adjoining property

Refer to the NSW State legislation for full text of the clauses under Division 8A of the Environmental Planning and Assessment Regulation 2000. This can be accessed at http://www.legislation.nsw.gov.au.

SCHEDULE 3 NOTES

Penalties apply for failure to comply with development consents

Failure to comply with conditions of development consent may lead to an on the spot fine (generally $600) being issued pursuant to section 127A of the Environmental Planning & Assessment Act 1979 or prosecution pursuant to section 125 of the Environmental Planning & Assessment Act 1979.

Protection of the Environment Operations Act 1997:

It is an offence under the provisions of the Protection of the Environment Operations Act 1997 to act in a manner causing, or likely to cause, harm to the environment. Anyone allowing material to enter a waterway or leaving material where it can be washed off-site may be subject to a penalty infringement notice (“on-the-spot fine”) or prosecution.

Water payments under the Water Management Act 2000

Charges will be calculated based on the additional water and sewerage load that the proposed development generates, shown in Equivalent Tenements (ET) by the following table:

ADDITIONAL WATER & SEWER LOAD OF DEVELOPMENT
(ET Policy No:13/005)

Water	1.00 ET
Bulk Water	1.00 ET
Sewer	1.00 ET

NB: Information regarding Development Servicing charges can be found on the Byron Shire Council website (http://www.byron.nsw.gov.au/development-contributions-plans-section-94-and-64). These charges will enable you to calculate the total contribution charges payable when you are ready to pay them. Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment.

BYRON SHIRE COUNCIL

Reports of Committees - Corporate and Community Services 14.2 - Attachment 1

Minutes of Meeting

bsc_logo_150dpi_rgb

Audit, Risk and Improvement Committee Meeting

Venue	Conference Room, Station Street, Mullumbimby
Date	Thursday, 17 May 2018
Time	11.30am

Minutes of the Audit, Risk and Improvement Committee Meeting held on Thursday, 17 May 2018

File No: Error! Unknown document property name.

PRESENT: Cr B Cameron, Cr A Hunter

Staff: Mark Arnold (Acting General Manager)

James Brickley (Acting Director Corporate and Community Services)
Phil Holloway (Director Infrastructure Services)

Shannon McKelvey (Executive Manager Organisational Development) - items 4.1 and 4.2 only.

Anna Vinfield (Manager Corporate Services)

Ralph James (Legal Counsel) - items 5.2 and 5.3 only.
Jess Orr (Strategic Risk and Improvement Coordinator)

David Royston-Jennings (Corporate Governance Officer)

Community: Michael Georghiou (Chairperson), Rae Wills

Auditors: Cathy Blunt (OCM), Kevin Franey (TNR) – via teleconference, item 5.1 only, Gearoid Fitzgerald (Audit Office of NSW) – via teleconference, item 5.1 only.

Mr Georghiou (Chair) opened the meeting at 11.40am.

Apologies:

There were apologies from Cr S Richardson, Brian Wilkinson and Pamela Robertson-Gregg (OCM).

Declarations of Interest – Pecuniary and Non-Pecuniary

There were no declarations of interest.

Adoption of Minutes from Previous Meetings

Committee Recommendation:

That the minutes of the Audit, Risk and Improvement Committee Meeting held on 15 February 2018 be confirmed. (Georghiou/Cameron)

The recommendation was put to the vote and declared carried.

Note: The minutes of the meeting held on 15 February 2018 were noted, and the Committee Recommendations adopted by Council, at the Ordinary Meeting held on 22 March 2018.

Business Arising from Previous Minutes

There was no business arising from previous minutes.

Staff Reports - General Manager

Report No. 4.1 Local Government Performance Excellence Program - Byron Shire Council 2017 Performance Results

File No: I2018/655

Committee Recommendation:

That the Internal Audit, Risk and Improvement Committee note the Byron Shire Council LG Performance Excellence Program FY17 Report and that future reports be presented to the Committee. (Georghiou/Wills)

The recommendation was put to the vote and declared carried.

Staff Reports - Corporate and Community Services

Report No. 4.2 NSW Audit Office - Local Government 2017 Financial Audit Report

File No: I2018/866

Committee Recommendation:

That the Audit, Risk and Improvement Committee note the contents and recommendations made in the Local Government 2017 Financial Audit from the NSW Audit Office at Attachment 1 (#E2018/35811). (Georghiou/Hunter)

The recommendation was put to the vote and declared carried.

Procedural Motion

Committee Recommendation:

1. That pursuant to Sections 10A(2)(d)i and 10A(2)(f) of the Local Government Act, 1993, Council resolve into Confidential Session to discuss the following reports, namely

4.3 Internal Activity & Progress Report - May 2018

5.1 2017/2018 External Audit Client Service Plan

5.2 Risk Management Framework & Business Continuity Update

5.3 Fraud and Corruption Control Audit Review Report

2. That the reasons for closing the meeting to the public to consider these items be that they contain:

· commercial information of a confidential nature that would, if disclosed, prejudice the commercial position of the person who supplied it; and,

· matters affecting the security of the council, councillors, council staff or council property.

2. 3. That on balance it is considered that receipt and discussion of these matters in open Committee would be contrary to the public interest, as disclosure of the confidential information could compromise the commercial position of the person who supplied it, or affect the security of the council, councillors, council staff or council property.
(Georghiou/Cameron)

The recommendation was put to the vote and declared carried.

Report No. 4.3 Internal Activity & Progress Report - May 2018

File No: I2018/862

Committee Recommendation:

1. That the Audit, Risk and Improvement Advisory Committee note the Internal Audit Activity Report – May 2018 (#E2018/39734).

2. That the Audit, Risk and Improvement Advisory Committee endorse the recommendation to vary the audit program and replace the planned IT User Access Review in Quarter 4 of 2017/2018 year with an audit review of Council’s current systems and processes to ensure/test compliance with Council’s six Environment Protection Licences in the Sewerage, Landfill and Quarry operations.

3. That the IT User Access review be completed no later than Quarter 2 of 2018/2019 financial year. (Georghiou/Cameron)

The recommendation was put to the vote and declared carried.

Confidential Reports - Corporate and Community Services

Report No. 5.1 Confidential - 2017/2018 External Audit Client Service Plan

File No: I2018/810

Committee Recommendation:

1. That Council note the External Audit Client Service Plan prepared by the Audit Office of New South Wales for the year ended 30 June 2018 as outlined in Attachment 1 (#E2018/36320).

2. That the report and Attachment 1 of the closed part of the meeting remain confidential.

(Georghiou/Cameron)

The recommendation was put to the vote and declared carried.

Report No. 5.2 Confidential - Risk Management Framework & Business Continuity Update

File No: I2018/683

Committee Recommendation:

That the Internal Audit, Risk and Improvement Committee note ongoing work undertaken in improving Council’s risk management approach and business continuity and disaster recovery efforts across the organisation. (Georghiou/Hunter)

The recommendation was put to the vote and declared carried.

Report No. 5.3 Confidential - Fraud and Corruption Control Audit Review Report

File No: I2018/654

Committee Recommendation:

1. That the Audit, Risk and Improvement Committee note the Fraud and Corruption Controls internal audit review report.

2. That the Audit, Risk and Improvement Committee request that management implement the recommendations made in the report identified as Attachment 1 (#E2018/39530), subject to the revaluation of the rating of detailed finding 2.3 – Fraud and Corruption Policy/Framework from Medium to High.

3. That the report and Attachment 1 of the closed part of the meeting remain confidential.

4. That an update on fraud and corruption controls be presented at future meetings.

(Georghiou/Hunter)

The recommendation was put to the vote and declared carried.

There being no further business the meeting concluded at 1.53pm.

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

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

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

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)

NEW OBLIGATION	ESTIMATED COMMENCEMENT
Ending transitional arrangements for Part 3A	Early 2018
Local planning panels	Early 2018
Statement of reasons	Mid 2018
Changes to concurrences and referrals	Late 2018
Changes to conditions for major projects	Late 2018
Enforceable undertakings	Late 2018
Local strategic planning statements	1 July 2019 for Greater Sydney & 1 July 2020 for the rest of NSW
LEP check	Late 2019
Community participation plans	Late 2019
Improvements to complying development	Late 2019
Building and subdivision	Late 2019
Standard format development control plans	Mid 2020

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 $___________

Date Adopted by Council		Resolution No.
Responsibility	Economy and Sustainability Coordinator
Review Timeframe
Last Review Date:		Next Scheduled Review Date

Related Legislation	Section 355, Local Government Act (1993)
Related Policies	Code of Conduct 2016 Work Health Safety Policy Code of Meeting Practice
Related Procedures/ Protocols, Statements, documents

Type of Plan	Minimum Public Exhibition Requirement (EP&A Act 1979)	Current LEP/DCP Requirement	Action Required
Draft local strategic planning statements (Division 3.1)	28 days.	No DCP/LEP requirement. Public engagement requirements are regulated under State legislation.	No Action
Planning proposals for local environmental plans subject to a gateway determination (Division 3.4)	28 days or: (a) if a different period of public exhibition is specified in the gateway determination for the proposal—the period so specified, or (b) if the gateway determination specifies that no public exhibition is required because of the minor nature of the proposal—no public exhibition.	No DCP/LEP requirement. Public engagement requirements are regulated under State legislation and via the Gateway Determination.	No Action
Draft development control plans (Division 3.6)	28 days.	No DCP/LEP requirement. Public engagement requirements are regulated under State legislation.	No Action
Draft contribution plans (Division 7.1)	28 days.	No DCP/LEP requirement. Public engagement requirements are regulated under State legislation.	No Action

Venue	Arakwal Room, Byron Bay Library
Date	Thursday, 31 May 2018
Time	9.30am