shire of ashburton policy manual...shire of ashburton policy manual 4 1. administration adm03 flying...
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0 Last update: 18 December 2018
Shire of Ashburton Policy Manual 2018
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Contents 1. ADMINISTRATION ........................................................................................................... 4
ADM03 Flying of Flags - Council Buildings .................................................................. 4
ADM06 Use of Shire of Ashburton Logo and Crest ..................................................... 5
ADM07 Communications & Social Media Policy .......................................................... 8
ADM08 Community Engagement Policy ..................................................................... 11
ADM09 Complaints Management Policy ..................................................................... 14
ADM11 Memorials on Council Controlled Land ......................................................... 18
2. CORPORATE .............................................................................................................. 21
CORP5 Risk Management Policy ................................................................................ 21
3. ELECTED MEMBERS ................................................................................................. 24
ELM01 Council and Other Meetings .......................................................................... 24
ELM02 Official Photographs ...................................................................................... 25
ELM03 Recognition of Retiring Councillors .............................................................. 26
ELM04 Code of Conduct ............................................................................................ 27
ELM05 Councillor Training/Conference Attendance ................................................ 37
ELM06 Councillor Accommodation, Travel and Incidental Expenses Whilst on
Council Business .......................................................................................................... 40
ELM07 Conduct of Public Question Time ................................................................. 44
ELM08 Order of Business- Ordinary Council Meetings ........................................... 46
ELM09 Elected Member Information Forums............................................................ 48
ELM10 Financial Sustainability Policy ...................................................................... 50
ELM13 Affixing of the Shire of Ashburton Common Seal ........................................ 54
ELM14 Governance and Policy Manual ..................................................................... 56
ELM15 Elected Member Business Wear.................................................................... 80
ELM16 Elected Members Record Keeping Policy .................................................... 81
ELM17 Anonymous Communications Policy ............................................................ 85
ELM18 Community Projects Letters of Support ....................................................... 87
ELM19 Recognition of Aboriginal Cultural and History ........................................... 89
ELM20 History Collection Policy ............................................................................... 92
ELM21 Tree Management Overview Policy ............................................................... 95
ELM22 Elected Member Event Notification Policy ................................................... 97
ELM23 Notice of Motion Procedural Policy .............................................................. 99
ELM24 Appointment of an Acting Chief Executive Officer .................................... 100
ELM25 Use of the EMACCESS email portal and Councillor Discussion Board . 101
ELM26 CEO Performance Review............................................................................ 103
ELM27 Legal Proceedings ....................................................................................... 105
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4. EMPLOYEES .......................................................................... 108
EMP02 Prohibited Areas- Wittenoom and Yampire ................................................ 108
EMP11 Senior Employees ......................................................................................... 111
EMP16 Grievance Investigation and Resolution ...................................................... 112
EMP17 Occupational Health & Safety ....................................................................... 116
EMP24 Corporate Credit Card ................................................................................... 118
EMP25 Fitness for Work ............................................................................................ 120
EMP35 Gratuity .......................................................................................................... 129
EMP37 Salary Sacrifice .............................................................................................. 132
5. ENGINEERING .......................................................................................................... 137
ENG01 Street Lawns and Gardens .......................................................................... 137
ENG06 Temporary Road Closures ........................................................................... 140
ENG08 Bush Fire Policy ........................................................................................... 142
ENG09 Asset Management Policy ........................................................................... 164
ENG10 Guidelines for Urban Development ............................................................. 171
ENG13 Road Management Policy ............................................................................ 172
6. FINANCE ................................................................................................................... 176
FIN05 Trading in Public Places - Fees and Charges ............................................. 176
FIN06 Significant Accounting Policy ..................................................................... 184
FIN07 Investment Policy ......................................................................................... 196
FIN09 Authorised Signatures for Cheque/Electronic Funds Transfer (EFT)
Payments ..................................................................................................................... 199
FIN10 Wittenoom Townsite, Wittenoom Gorge and Yampire -Gorge Rates and
Services ....................................................................................................................... 200
FIN12 Purchasing Policy ........................................................................................ 203
FIN13 Debtors Management – General .................................................................. 215
FIN15 Rates Debt Recovery Policy ........................................................................ 218
FIN20 Related Party Disclosures ........................................................................... 222
FIN21 Rating ............................................................................................................ 225
FIN23 Disposal of Property (other than land)......................................................... 233
7. HEALTH .................................................................................................................... 235
HTH02 Aboriginal Environmental Health ................................................................ 235
8. LOCAL PLANNING ................................................................................................... 239
9. RECREATION ........................................................................................................... 240
REC01 Consumption of Alcohol on Shire of Ashburton owned and managed
properties. .................................................................................................................... 240
REC05 Community Leases and License Agreements of Shire Assets (Facilities,
Buildings and Land) .................................................................................................... 242
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REC06 Vandalism - Reward for Conviction .......................... 250
REC07 Tourism policy for the Shire of Ashburton ................................................. 251
REC08 Community Donations, Grants and Funding .............................................. 253
REC09 Australia Day WA Community Citizen of the Year ..................................... 259
DOC Version Control Register .............................................................................. 261
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1. ADMINISTRATION
ADM03 Flying of Flags - Council Buildings
Aim To highlight the appropriate significance of the various flags, for the district and to guide Council staff on how to fly the Australian and other flags.
Application Elected Members Council Employees Community Members
Statutory Environment
Flags Act 1953, Flags Amendment Act 1998
Principles Community Strategic Plan 2017-2027 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, Caring and Engaged Communities
Approval Date OMC 16 December 2016
Monitor and Review Corporate Services
Last Review 2016
Next Review 2020
Review Period 4 years
The Australian National Flag is to be flown at all Shire administration buildings during normal
working hours on normal working days, subject only to the rules for national commemoration
and half-mast for mourning.
The Shire President and/or Chief Executive Office may determine that flags may be flown on
any of the Shire’s identified flag poles on special occasions; also, may determine at what
times the Australian National flag or another flag will be flown at half-mast on the occasion of
the death of a local citizen.
A detailed ADM03 Flying of Flags Procedure has been developed to accompany this Policy.
REFERENCE:
Booklet Australian flags – Part 2: The protocols for the appropriate use and the flying of the
flag.
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ADM06 Use of Shire of Ashburton Logo and Crest
Aim To establish guidelines for the use of the Shire of Ashburton logos
Application Elected Members and Employees
Statutory Environment
N/A
Principles Strategic Community Plan 2017 Goal 05 Inspiring Governance Objective 04 Exemplary Team and Work Environment
Approval Date OMC 20 November 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2022
Review Period 4 years
Overview
The Shire of Ashburton has two logos:
1. Traditional Crest Logo; and 2. Reef to Range Logo
No other logos are approved to be used.
Use of Logos & Crest by Shire
The Council wishes to highlight a distinction between the role of the Council and the
Organisation through the use of the official crest of the Shire of Ashburton (for Council and
Councillor Functions) and the use of the promotional logo (for Operational activities).
Below is a table that clarifies the different uses.
COUNCIL OPERATIONAL
Use of Crest Use of Reef to Range
President/Councillor correspondence (Letterhead and E-signatures, With Compliments slips)
Staff Business Cards, Letterhead, With Compliments slips, E-signatures, Invoices
Council Policies
Operational Directives
Rates notices Vehicles/Plant
Councillor Name Badges, Business Cards and Uniforms.
Employee Uniforms and Name Badges
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Entry doors to offices (as applicable eg, Council Chambers)
Entry doors to offices (as applicable) e.g., Administration Centre/Offices
Council Plaques and Gifts Community Communications – Newsletter
Website Website
Banners (Council related)
Promotional materials e.g. Schools, Giveaways
Shire Street Signage Banners (marketing/organisational)
Use of both logos in certain areas is accepted i.e. Website, Promotional materials.
Use of Logos by External Groups
Where an external group requests permission to use the logos on printed and other
materials, the following conditions will apply:
1. All applications to use the Shire of Ashburton logos must be made in writing to the Chief Executive Officer (CEO) and include details of the purpose, form and extent of the proposed use and the reason for such use. Although permission to use the logos in the first instance is to be referred to the CEO, he/she may delegate this assessment to another employee. The artwork for the promotional material must be supplied for assessment against this policy.
2. Approval may be granted providing the group: a. Is based in the area and provides a service to the Shire of Ashburton
residents; and b. Has a direct relationship with the Shire, either through funding or operational
arrangements.
3. Eligible groups will be advised in writing that approval has been granted to use the logo, which must be in accordance with the Shire of Ashburton’s corporate standards.
4. Ineligible groups will be advised in writing that approval has not been granted to use the logo and provided with an explanation under the guidelines of this policy.
5. No fees will be charged for the use of the Shire of Ashburton’s logos but eligible groups will be responsible for any costs associated with artwork, design and production.
6. The Shire of Ashburton may exercise its right to withdraw any authorisation at any time if the approved user is deemed to be not complying with the conditions as set out in this policy or any approval.
Any unauthorised use of any Shire of Ashburton logos is a breach of copyright
and any application that is not consistent with this policy is to be approved by the
Shire of Ashburton Council.
Local Government Elections
The Shire of Ashburton logos are not to be used for any purpose during a Local
Government Election that seeks to promote an individual candidate over another
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candidate. This inappropriate use includes candidate based
promotional ballot papers, fliers, advertising, posters, letters or any other form of
electoral material. A breach of this section will be considered to be a serious breach by
the Shire of Ashburton.
**Added to procedures**
Implementation
This policy will be implemented by the Shire of Ashburton Chief Executive Officer.
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ADM07 Communications & Social Media Policy
Aim To provide a professional, consistent and cohesive approach to addressing media related issues within the Shire of Ashburton.
Application Elected Members and Employees
Statutory Environment
Local Government Act: Sections 5.41 (f); 2.8; 2.10
Principles Strategic Community Plan 2017 - 2027 Goal 05 - Inspiring Governance Objective 02 - Community Ownership
Approval Date OMC 20 November 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2020
Review Period 2 years
A clearly defined Communications Policy will enhance the Shire of Ashburton’s corporate
image and ensure a proactive and positive approach in dealing with the local communities and
the wider public.
The media includes all traditional forms of media and extends to dealings with journalists from
newspapers, magazines, TV, radio and online digital media sites.
This Policy aims to:
1. Ensure that relevant Shire issues of interest to the public are communicated clearly and the Shire’s corporate integrity is upheld.
2. Maintain consistency and control over media releases, responses and statements - written or verbal - and other media-related material (such as the Inside Ashburton newsletter).
3. Ensure that a Communications Plan, which includes a proactive media component, is prepared for major projects/issues.
4. Address the use of Social Media.
GUIDELINES
All public statements on behalf of the Shire can only be issued by the Shire President or, if the
President permits, the Chief Executive Officer (CEO). This is addressed under Section 5.41(f)
of the Local Government Act, 1995.
The Shire President or CEO may refer an issue to another officer where appropriate.
The Shire President, CEO or authorised person should express the will of the Council and
should not in any way present views which are, or could be interpreted as being, inconsistent
with the formal decisions or will of the Council.
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Councillors are not permitted to speak on behalf of the Council to the
media unless appropriate approval has been granted by the Shire President or CEO.
No employee can speak on behalf of the Shire to journalists in the media or social media
outlets, without prior authorisation by the CEO.
Statements which are made to the media by Councillors are to be identified as their opinion
only and do not reflect the position of Council or the Shire.
All staff and Councillors should be aware of the public perception that may be generated from
their own personal use of social media or other communication channels, and consider any
association or assumption that may be connected to their role within the Shire
MEDIA RELEASES AND STATEMENTS
All day to day media will be handled by Media & Communications.
All enquiries from the media for an official comment, whether made to a Councillor or staff
member, must be directed to the CEO or Media department. Information will then be
coordinated with the Shire President and CEO to make an official response in line with the
Shire’s position.
Media releases and statements will not be distributed to the media until they have been
approved by either the Shire President or CEO.
LIVE INTERVIEWS
Unless otherwise approved by the Shire President or CEO, live on-air/on-screen interviews
should be undertaken by the Shire President or CEO.
ISSUES AWARENESS
Councillors and staff who become aware of issues or potential issues that could damage the
image or reputation of the Shire, should contact the Shire President/CEO (as appropriate)
immediately, as providing information in advance will help the Shire President /or CEO prepare
for communication with the media if and when an issue arises – or to communicate in a pro-
active way about a relevant issue affecting members of the wider community.
SOCIAL MEDIA
Social media is the online communication channels which enables community interaction,
content-sharing and collaboration. Examples include sites such as Twitter, Facebook,
YouTube, LinkedIn, Reddit, Tumblr and Pinterest.
The Shire recognises that social media can provide significant opportunities to engage with
the community, reaching wider audiences, and in particular, remote areas that are not easily
reached by other means.
Only the President, CEO and designated staff registered as the Social Media Administrators
by the CEO can upload content and respond on behalf of the Shire of Ashburton.
Content will be uploaded to the Shire of Ashburton Facebook page only, and staff are not
permitted to upload directly on behalf of the Shire to any other social media sites. Posts can
be shared from the Shire of Ashburton Facebook onto other Social Media sites.
It is the responsibility of the Social Media Administrator to ensure all posts are without spelling
errors, grammatically correct, non-offensive and have no potential political risk. If in doubt,
consultation with the CEO is required.
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Social Administrators must also be aware of, and assess the considerations required, under
the Shire’s various partnership agreements. If in doubt, consultation with Media or the relevant
partnership manager is required.
Unless you are an approved Authorised Officer, no staff member may comment in the social
media environment on behalf of the Shire, even if you know the answer to a query. This
includes implying that you are authorised as a spokesperson of the Shire, or give the
impression that the views you express are those of the Shire.
The Shire recognises that Staff and Councillors may wish to use social media in their personal
life however are reminded to adhere to ELM04 the Code of Conduct.
Employees have a duty of confidentiality and are expected to act in the best interests of the
Shire. These obligations extend to any comments made on online forums or social media
sites, including outside normal work hours.
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ADM08 Community Engagement Policy
Aim To ensure awareness of the Shires principles toward community engagement
Application Elected Members Employees Community Members
Statutory Environment
Local Government Act (1995) Section 5.56, Planning for the Future
Principles Strategic Community Plan 2017 - 2027 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, caring and engaged communities
Approval Date OMC 21 November 2017
Monitor and Review Office of the CEO
Last Review 2017
Next Review 2021
Review Period 4 years
Objective
This policy is to set a framework for all community engagement activities conducted
by the Shire of Ashburton.
Our Vision ‘We will embrace our unique Pilbara environment and lifestyle through the development of vibrant, connected and active communities that have access to quality services, exceptional amenities and economic vitality’.
Policy Statement
The Shire of Ashburton Council recognizes that community engagement and the
opportunity for communities to participate in planning for the future are vital in
ensuring we meet our Strategic Objective 01 “Connected, caring and engaged
communities”.
Community engagement is not only good business practice but also important to
good government. For this reason the Council is committed to engaging with the
Shire of Ashburton community.
Community engagement is about involving the community in decisions which affect
them and it is critical to the successful development and implementation of
acceptable policies and decisions and for improving services by being responsive to
the needs of the community.
Community engagement does not mean achieving consensus. However, it does
involve seeking broad, informed agreement and the best possible solution for Council
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and the community.
Scope
The overarching principle is that the Shire will consult with our communities. Therefore,
this policy applies not only to Shire of Ashburton’s Strategic Planning processes
but to all facets of our operations and projects.
Policy Objectives
To ensure Shire of Ashburton stakeholders are well informed about issues,
strategies and plans that may directly or indirectly affect them.
To ensure Shire of Ashburton stakeholders have the opportunity to be involved in
Council’s decision making and policy development.
To seek the views of all stakeholders, selecting engagement methods that are
flexible, inclusive and appropriate to those being engaged.
To provide members of the community with the opportunity to hear each other’s
opinions and to recommend appropriate solutions to community issues.
To ensure Council is meeting its legislative requirements regarding community
consultation in all areas of its service delivery.
Recognise that there is diversity in the activities and project Council undertakes and
that the type of engagement should vary accordingly.
Benefits of Community Engagement
There are numerous benefits from community engagement:
Increased community awareness of Council’s services, planning and programs;
Increased awareness across Council of community views and the issues that should
be considered as part of the decision making process;
Increased awareness of the needs, priorities and diversity of the local community,
which in turn ensures that Council’s service provision and planning is well aligned
with community expectations;
Increased level of community ownership and acceptance of decisions;
Council and the community working together to address local issues; and The potential for the Council to save time and resources.
Principles
The following principles underpin the Shire of Ashburton’s approach to community
engagement.
Be open and inclusive
1. We recognise that community participation is an integral part of informed decision
making;
2. We promote and support opportunities for the community to actively participate;
3. We encourage involvement from all stakeholders and will use engagement
processes that are accessible and inclusive;
Create mutual trust, respect and be accountable
1. We treat all stakeholders in the engagement process with respect and dignity;’
2. We will approach engagement from an impartial perspective;
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3. We will be accountable, accessible and ethical in all dealings with the community.
Engage early and be clear
1. We will seek early engagement and regularly involve the community in decision
making;
2. We will communicate clearly the objectives of the engagement process and provide
community members with all available, relevant information as part of the
consultation engagement process to ensure informed discussion;
3. We will communicate the parameters of the engagement process to participants
from the outset, including legislative requirements, Council’s sphere of influence,
conflicting community views, policy frameworks and context, budget constraints etc.
4. We acknowledge that planning is a critical process to deliver successful outcomes
and are committed to developing and implementing community engagement plans.
Consideration and Feedback
1. We are committed to demonstrating that we have considered all community
contributions and relevant data, prior to making any decisions that affect the local
community;
2. We are committed to providing participants with feedback at key stages throughout
the project and upon completion and how community input influenced the decision.
Skills and Resources
1. We recognize the skills required to undertake community engagement and will
provide staff with opportunities for further skill development and training;
2. We recognize that from time to time we may need to retain professional consultants to
assist with certain engagement strategies.
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ADM09 Complaints Management Policy
Aim To develop a structured and systematic approach for complaints received by the Shire of Ashburton from external persons
Application Elected Members Employees
Statutory Environment
Nil
Principles Strategic Community Plan 2017 - 2027 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, caring and engaged communities
Approval Date OMC 21 September 2017
Monitor and Review Corporate Services
Last Review 2017
Next Review 2019
Review Period 2 years
Objectives
The objectives of this policy are:
1. To develop a structured and systematic approach to dealing with complaints received by the Shire of Ashburton from external persons.
2. To assure the community that complaints may be made without fear of recrimination and that all complaints will be promptly dealt with and a (written if required) response will be given setting out the answer to the complaint providing reasons, where appropriate.
3. To have complaints dealt with efficiently by an appropriate employee with minimal referral.
4. To use complaints statistics to improve the effectiveness and efficiency of Council’s operations.
Policy
5. The Shire of Ashburton encourages and recognises the right of its customers to make complaints about services or service delivery, and will make it a priority to address those complaints and rectify unsatisfactory consequences.
6. The Council and its staff will be open and honest in its dealings with customers, and will explain in “plain English” why, for legislative/legal reasons, cost constraints or some other matter beyond its control, it is unable to act in accordance with a complainant’s request.
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7. The Council recognises that good complaints handling is an integral part of customer service and provides an effective way of reviewing performance and monitoring standards.
Guidelines
8. Any person or their representative can lodge a complaint.
9. Complaints will be accepted in writing, in person, by facsimile transmission, by email or by telephone. If a verbally received complaint alleges a criminal offence, corruption or other serious matter, the receiving officer is to advise the complainant that the matter must be submitted in writing.
10. Complainants are to be advised that anonymous complaints may not be processed as it is possible that they may be mischievous or vexatious.
11. Complaints that are to be dealt with under this policy include, but are not necessarily limited to, expressions of dissatisfaction regarding;
a) decisions made by Council or staff; b) inappropriate behaviour of staff or elected members such as rudeness,
discrimination or harassment; c) the standard of works or services provided by Council d) failure of Council to comply with the Local Government Act, Council policies,
Council’s local laws and other laws administered by Council.
12. The following issues shall not be regarded as complaints and shall not be dealt with under this policy:
a) requests for services; b) requests for information or explanations of policies and/or procedures; c) the lodging of a formal objection or appeal in accordance with the Local
Government Act and other Acts or in accordance with Council policies or standard procedures;
d) the lodging of a submission in response to an invitation for comment; e) asset maintenance related complaints/works requests – which are to be
processed via the existing Customer Action/Works Requests CAR form (both paper and electronic).
f) matters relating to Rules of Conduct of elected members.
13. Complaints regarding elected members are to be directed to the CEO. The CEO is responsible for the initial investigation and administrative responses. Matters that may require disciplinary action are to be referred to the Shire President and dealt with under the Council’s Code of Conduct or Rules of Conduct if relevant.
14. Complaints from Councillors, the Ombudsman, and the Local Government Department or from Members of Parliament shall be referred to, and dealt with by the CEO, unless the complaints relates to the CEO, whereupon the complaint will be dealt with by the Shire President.
15. When any complaint is made, other than a complaint referred to in clauses 6 and 7, the designated receiving officer shall, within the limit of their authority, attempt to satisfy the complainant as soon as possible. If a complainant cannot be satisfied immediately, or on the same day, the designated receiving officer shall immediately issue to the complainant a written acknowledgement of the complaint and if need be,
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refer to the complaint and a copy of the acknowledgement to a Director or the CEO, as is appropriate, for investigation and determination of the complaint.
16. The following standard response times shall, ideally, be adhered to by all staff when dealing with complaints:
a) Acknowledging in writing within 72 hours that the complaint has been received and a response will be given within 7 days.
b) Issue an acknowledgement and explanation for any delay before the initial 7 days is up.
Where a complainant is advised of a likely delay to the handling of the complaint and the
complaint is not finalised within a 7 day period, the complainant is to be provided with status
reports from time to time until the complaint is satisfied.
17. Where a complaint has been investigated and found to be justified, the relevant officer who dealt with the complaint will ensure that the remedy is carried out, will advise the complainant that the Shire does acknowledge substance in the complaint and the specific action that will be taken by the Shire to respond to the circumstances of the complaint. The officer will, if appropriate, make follow-up contact with the complainant to ensure that the complaint has been resolved satisfactorily.
18. Where a complaint may identify the need for a review of procedures to prevent re-occurrences, relevant staff are to implement any required changes which they feel appropriate. If the matter cannot be easily remedied by the officer, they must liaise with their Director or the CEO to agree on a course of action.
Where the complaint identifies a need for a change of Council policy in a particular area or a
need for additional resources, the matter shall be referred to Council as early as practicable.
19. The CEO shall establish and maintain an appropriate record of all complaints. The record will provide the following:
a) nature of each complaint b) services or facilities about which the complaints are made c) time taken to conclude complaint investigations d) outcomes e) trends f) other relevant information.
20. The designated receiving officer of any complaint shall be responsible for ensuring that all details pertaining to the complaint are recorded an appropriate manner.
21. The CEO may cease review of a complaint if it:
Has previously been dealt with by the Shire;
Was lodged more than twelve months after the alleged action took place, except where a complaint alleges that an action more than 12 months previously may have caused the issue of current concern; or
If another statutory authority could more effectively deal with the complaint, in which case an explanation will be provided along with the contact details of the appropriate organisation.
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Associated Documents:
Complaints Handling Procedure (Internal) General Complaints Form (SOA CS 002)
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ADM11 Memorials on Council Controlled Land
Aim
A) To preserve the amenity of public reserves by managing the placement of private monuments and memorials; and B) To provide guidelines on what memorials may be placed in public places and the process that needs to be followed to gain consent for the placement of a memorial.
Application Elected Members Council Employees Community Members
Statutory Environment
Local Government Act 1995 Land Administration Act 1997 Road Traffic Act 1974
Principles Strategic Community Plan 2017 - 2027 Goal 04 - Quality Services and Infrastructure Objective - 03 Well-planned Towns
Approval Date OMC 16 December 2016
Monitor and Review Corporate Services
Last Review 2016
Next Review 2020
Review Period 4 years
DEFINITIONS
Memorials and Monuments are structures made of concrete, natural stone, marble or timber
or the like which have words inscribed onto them and make take on a variety of sizes and
shapes. Headstones in cemeteries are an example of a memorial or monument.
Plinths are structures onto which plaques are attached. They may be made of concrete,
natural stone, marble or timber or the like.
POLICY
Memorials Located on Public Land
The creation or placement of memorials or monuments on public land is not permitted unless
the consent of the Shire of Ashburton is provided.
1. Seats
a. Shire of Ashburton will consider applications for the placement of seats with
plaques in appropriate locations, such as along paths and in accordance with
any Land Management Orders that may operate for the reserve. Applications
must be made in writing to the Chief Executive Officer with a clear description
of the proposed location. All applications will require Council approval.
b. The purchase and placement of the seat will be at the expense of the
applicant and the seat will be to Shire specifications and the location in
accordance with Shire wishes. Approval will also be required for the wording
to be placed on a plaque.
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c. Fees and Charges for the installation of the seat is as
scheduled under Labour Costs, Private Works.
2. Plinths and Rocks with Plaques
It is the responsibility of the donor to arrange manufacture and delivery of plaques
approved by the Shire of Ashburton.
a. Such memorials will not be permitted on public land unless the person, event
or location is of historical significance and the memorial is approved by the
Council.
b. The placement of plinths and rocks with plaques will be to Shire specifications
and the location in accordance with Shire wishes. Costs associated with
purchasing the plaque, plinth or support/surround and engraving the chosen
message are the responsibility of the donor. Approval will also be required for
the wording to be placed on a plaque.
c. Fees and Charges for the installation of the plinths and rocks with plaques is
as scheduled under Labour Costs, Private Works.
3. Trees
a. The Council will consider applications for the planting of trees on public land.
The location and species of the trees will be to Shire specifications. Trees will
not be marked with plaques.
b. The purchase and placement of the tree will be at the expense of the
applicant and will be to Shire specifications and the location in accordance
with Shire wishes.
c. Fees and Charges for the installation of the tree is as scheduled under
Labour Costs, Private Works.
4. Roadside Memorials on Shire Roads
a. The Shire of Ashburton will permit the creation of small roadside memorials
unless they are causing safety concerns for the public or if the Road Traffic
Act 1974 requires their removal.
b. Consent is not required for the placement or creation of these memorials.
However if they are considered a safety risk then the memorial will be
removed without notification.
5. Scattering of Ashes
The scattering of Ashes within the Shire’s owned or managed property may be
permitted with the consent of the Chief Executive Officer.
6. Memorial Gardens
a. This policy applies to Paraburdoo Memorial Garden and Doug Talbot Park in
Tom Price as Memorial Gardens and not Council Cemeteries.
b. All memorial garden plaques are to be larger than 150mm x 150mm, with the
surrounding plinth or support / surround no larger than 200mm x 200mm.
c. No responsibility is to be taken by the Shire of Ashburton for the ongoing
maintenance of the memorials.
d. If the memorial plaque deteriorates to a point at being unsafe then the Shire
of Ashburton reserves the right to remove the memorial or plaque without
notice.
e. No responsibility is to be taken by the Shire of Ashburton for any damage to
any memorial or for their unauthorised removal.
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f. The Shire of Ashburton reserves the right to remove
any memorials at any time.
g. The Shire of Ashburton may purchase, install, and maintain plaques for
deceased past Councillors and staff of the Shire.
ASSOCIATED DOCUMENTS
ADM11 Memorials on Council Controlled Land Procedure
ADM11 SOA CS 055 - Application for Installation of Memorials
ADM11 Memorial garden template approval letter
ADM11 Memorial garden template application letter
ADM11 Memorial Application Register
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2. CORPORATE
CORP5 Risk Management Policy
Aim
The Shire of Ashburton is committed to organisation wide risk management principles, systems and processes that ensure consistent, efficient, and effective assessment of risk in all planning, decision making and operational processes.
Application Elected Members and Staff
Statutory Environment
Local Government Act (1995) 5.56(2)
Principles Strategic Community Plan 2017 - 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 18 July 2017
Monitor and Review Office of the CEO
Last Review 2017
Next Review 2019
Review Period 2 years
1. Purpose
The Shire of Ashburton (“the Shire”) Risk Management Policy documents the commitment
and objectives regarding managing uncertainty that may impact the Shire’s strategies, goals
or objectives.
2. Policy
It is the Shire’s Policy to achieve best practice (aligned with AS/NZS ISO 31000:2009 Risk
management), in the management of all risks that may affect the Shire, its customers,
people, assets, functions, objectives, operations or members of the public.
Risk Management will form part of the Strategic, Operational, Project and Line Management
responsibilities and where possible, be incorporated within the Shire’s Integrated Planning
Framework.
The Shire’s Executive Management Team will determine and communicate the Risk
Management Policy, Objectives and Procedures, as well as direct and monitor
implementation, practice and performance.
Every employee, elected member, volunteer and contractor within the Shire is recognised as
having a role in risk management.
Consultants may be retained at times to advise and assist in the risk management process
or management of specific risks or categories of risk.
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3. Definitions (from AS/NZS ISO 31000:2009)
Risk: Effect of uncertainty on objectives.
Note 1: An effect is a deviation from the expected – positive or negative.
Note 2: Objectives can have different aspects (such as financial, health and safety and
environmental goals) and can apply at different levels (such as strategic, organisation-wide,
project, product or process).
4. Risk Management: Coordinated activities to direct and control an organisation with
regard to risk.
5. Risk Management Process: Systematic application of management policies, procedures
and practices to the activities of communicating, consulting, establishing the context, and
identifying, analysing, evaluating, treating, monitoring and reviewing risk.
6. Risk Management Framework: Set of components that provide the foundations and
organisational arrangements for designing, implementing, monitoring, reviewing and
continually improving risk management throughout the organisation.
7. Risk Management Objectives
The adoption of consistent risk management processes within a comprehensive framework
will help deliver on the objectives and benefits below:
Optimise the achievement of our vision, experiences, strategies, goals and objectives.
Provide transparent and formal oversight of the risk and control environment to enable
effective decision making.
Enhance risk versus return within our risk appetite.
Embed appropriate and effective controls to mitigate risk.
Achieve effective corporate governance and adherence to relevant Policy Number
CORP5 RISK MANAGEMENT POLICY statutory, regulatory and compliance
obligations.
Enhance organisational resilience.
Identify and provide for the continuity of critical operations.
8. Risk Appetite
The Shire has defined its tolerance to risk, its risk appetite, through the development and
endorsement of the Shire’s Risk Assessment and Acceptance Criteria. The criteria are
included within the Risk Management Procedures and are subject to ongoing review in
conjunction with this policy.
All organisational risks to be reported at a corporate level are to be assessed according to
the Shire’s Risk Assessment and Acceptance Criteria to allow consistency and informed
decision making. For operational requirements such as projects or to satisfy external
stakeholder requirements, alternative risk assessment criteria may be utilised, however
these cannot exceed the organisation’s appetite and are to be noted within the individual risk
assessment and approved by a member of the Executive Management Team.
9. Roles, Responsibilities & Accountabilities
Council’s role is to;
Review and approve the Shire’s Risk Management Policy and Risk Assessment &
Acceptance Criteria.
Appoint / Engage External Auditors to report on financial statements annually.
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Establish and maintain an Audit & Risk Committee in terms of the
Local Government Act.
The CEO is responsible for the allocation of roles, responsibilities and accountabilities.
These are documented in the Risk Management Procedures (Operational Document).
10. Monitor & Review
The Shire will implement and integrate a monitor and review process to report on the
achievement of the Risk Management Objectives, the management of individual risks and
the ongoing identification of issues and trends.
This policy will be kept under review by the Shire’s Executive Management Team and will be
formally reviewed by Council biennially.
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3. ELECTED MEMBERS
ELM01 Council and Other Meetings
Aim
To outline the rights and responsibilities of Council and Councillors in terms of convening Council meetings, overnight accommodation, and to ensure that Councillors are appropriately reimbursed for representing the Council at meetings and functions.
Application All Elected Members
Statutory Environment
Local Government Act 1995 Section 5 Division 2
Principles Strategic Community Plan 2017 - 2027 Goal 05 – Inspiring Governance Objective – 03 Council Leadership
Approval Date OMC 21 November 2017
Monitor and Review Office of the CEO
Last Review 2017
Next Review 2019
Review Period 2 years
Policy Statement
All accommodation associated with attendance by Councillors at Council meetings will be
arranged by the Chief Executive Officer and expenses thereof paid by Council as per policy
ELM06.
Councillors are authorised to attend meetings and functions appropriate to their
appointments to committees and external organisations and other functions approved by the
Council in advance.
Consideration will be given to all invitations to Council to submit nominations for
representation on regional or State committees/organisations. Reimbursements of expenses
shall be in accordance with any other relevant policy of the Council as determined from time
to time.
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ELM02 Official Photographs
Aim To ensure that there is a historical photographic record, and official listing kept of serving Councillors and Senior Management of the Shire.
Application All Elected Members
Statutory Environment
Nil
Principles Strategic Community Plan 2017 - 2027 Goal 05 – Inspiring Governance Objective – 03 Council Leadership
Approval Date OMC 21 November 2017
Monitor and Review Office of the CEO
Last Review 2017
Next Review 2019
Review Period 2 years
Policy Statement
An official group photograph of Councillors, group and individual and the executive
management, group and individual, will be taken following each ordinary election.
The Official Honour Board will be updated following the Ordinary Election.
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ELM03 Recognition of Retiring Councillors
Aim To formally recognise retiring Elected Members for their services during their elected term in local government and citizens of the Shire for their contributions to the community.
Application All Elected Members
Statutory Environment
Local Government Act 1995 s. 5.100A Administration Regulations 34AC
Principles Strategic Community Plan 2017 - 2027 Goal 05 – Inspiring Governance Objective – 03 Council Leadership
Approval Date OMC 20 November 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2022
Review Period 4 years
DEFINITIONS
Retiring - Not being re-elected or standing down from public office.
Recognition of Elected Members Retiring Elected Members are recognised at their last Ordinary Council meeting or at an official function recognising past Elected Members. Retiring Elected Members are presented with: • A name plaque • A certificate of service • A gift up to the value of $100 per year of service with a maximum value of $1000 subject to the minimum length of service being one full four year term of office.
REFERENCE
LOCAL GOVERNMENT (ADMINISTRATION) REGULATIONS 1996 - REG 34AC - Gifts to
council members, when permitted etc. (Act s. 5.100A)
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ELM04 Code of Conduct
Aim
The Code provides a guide and a basis of expectations for Council Members, Committee Members, staff, Volunteers and Contractors. It encourages a commitment to ethical and professional behaviour and outlines principles in which individual and collective Local Government responsibilities may be based.
Application All Council Members, Committee Members, Staff, Volunteers and Contractors
Statutory Environment
Local Government Act 1995 (S 5.103 – Codes of Conduct) and Local Government (Administration) Regulations 1996 (Regs 34B and 34C).
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council leadership
Approval Date OMC 23 April 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2020
Review Period 2 years
Objective
The Code of Conduct provides Council Members, Committee Members, staff, volunteers and
contractors in the Shire of Ashburton consistent guidelines for an acceptable standard of
professional conduct. The Code addresses in a concise manner the broader issue of ethical
responsibility and encourages greater transparency and accountability in Local
Governments.
The Code is complementary to the principles adopted in the Local Government Act and
regulations which incorporates four fundamental aims to result in:
a) better decision-making by local governments;
b) greater community participation in the decisions and affairs of local governments;
c) greater accountability of local governments to their communities; and
d) more efficient and effective local government.
It is intended to provide an elementary guide to:-
a) Complying with statutory duty to act honestly and exercise due diligence and a high
degree of care.
b) identifying and resolving situations which could result in:-
i) conflict of interests;
ii) impropriety;
iii) improper use of their positions;
iv) Improper use of the Shire’s resources.
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c) Acting in ways which enhance both public perception and
confidence in the Shire’s administration and the system of Local
Government in Western Australia.
STATUTORY ENVIRONMENT
The Code of Conduct observes statutory requirements of the Local Government Act 1995 (S
5.103 – Codes of Conduct) and Local Government (Administration) Regulations 1996 (Regs
34B and 34C).
RULES OF CONDUCT
Council Members acknowledge their activities, behaviour and statutory compliance
obligations may be scrutinised in accordance with prescribed rules of conduct as described
in the Local Government Act 1995 and Local Government (Rules of Conduct) Regulations
2007.
1. ROLES
1.1 Role of Council Member
The primary role of a Council Member is to represent the community, and the effective
translation of the community’s needs and aspirations into a direction and future for the Local
Government will be the focus of the Council Member’s public life.
The Role of Council Members is set out in S 2.10 of the Local Government Act 1995 as
follows:
a) “A Councillor —
b) (a) Represents the interests of electors, ratepayers and residents of the district;
c) provides leadership and guidance to the community in the district;
d) facilitates communication between the community and the council;
e) participates in the local government’s decision-making processes at council and
committee meetings; and
f) performs such other functions as are given to a Councillor by this Act or any other
written law.”
A Council Member is part of the team in which the community has placed its trust to make
decisions on its behalf and the community is therefore entitled to expect high standards of
conduct from its elected representatives. In fulfilling the various roles, Council Members’
activities will focus on:
• achieving a balance in the diversity of community views to develop an overall
strategy for the future of the community;
• achieving sound financial management and accountability in relation to the
Local Government’s finances;
• ensuring that appropriate mechanisms are in place to deal with the prompt
handling of residents’ concerns;
• working with other governments and organisations to achieve benefits for the
community at both a local and regional level;
• having an awareness of the statutory obligations imposed on Council
Members and on Local Governments.
In carrying out its functions a local government is to use its best endeavours to meet the
needs of current and future generations through an integration of environmental protection,
social advancement and economic prosperity.
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1.2 Role of Staff
The role of staff is determined by the functions of the CEO as set out
in S 5.41 of the Local Government Act 1995 : -
“The CEO’s functions are to —
a) advise the Council in relation to the functions of a local government under this Act
and other written laws;
b) ensure that advice and information is available to the Council so that informed
decisions can be made;
c) cause Council decisions to be implemented;
d) manage the day to day operations of the local government;
e) liaise with the Mayor or President on the local government’s affairs and the
performance of the local government’s functions;
f) speak on behalf of the local government if the Mayor or President agrees;
g) be responsible for the employment, management supervision, direction and dismissal
of other employees (subject to S 5.37(2) in relation to senior employees);
h) ensure that records and documents of the local government are properly kept for the
purposes of this Act and any other written law; and
i) perform any other function specified or delegated by the local government or
imposed under this Act or any other written law as a function to be performed by the
CEO.”
1.3 Role of Volunteers and Contractors
The role of a volunteer and contractor is determined by and limited to a written and/or verbal
agreement with the Shire, to carry out specific functions on behalf of the Shire.
1.4 Role of Council
The Role of the Council is in accordance with S 2.7 of the Local Government Act 1995 :
“(1) The Council —
a) directs and controls the local government’s affairs; and
b) is responsible for the performance of the local government’s functions.
(2) Without limiting subsection (1), the Council is to —
a) oversee the allocation of the local government’s finances and resources; and
b) determine the local government’s policies.”
1.5 Relationships between Council Members and Staff
An effective Councillor will work as part of the Council team with the Chief Executive Officer
and other members of staff. That teamwork will only occur if Council Members and staff have
a mutual respect and co-operate with each other to achieve the Council’s corporate goals
and implement the Council’s strategies. To achieve that position, Council Members need to
observe their statutory obligations which include, but are not limited to, the following :
a) accept that their role is a leadership, not a management or administrative one;
b) acknowledge that they have no capacity to individually direct members of staff to
carry out particular functions;
c) Refrain from publicly criticising staff in a way that casts aspersions on their
professional competence and credibility.
1.6 Communications with Developers and Interest Groups
Council Members and Committee Members should be mindful that meetings with developers
could compromise their impartiality in the decision making process and should at all times
have a Shire officer present if such a meeting is considered necessary. To further protect
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Council Members from any suggestion of inappropriate behaviour,
especially when dealing with matters of a controversial nature, written
advice on the proforma at Attachment 2 should be recorded, ideally within 48 hours, with the
Shire President and CEO giving details of such meetings.
NB: The Local Government Operational Guidelines No. 12 titled Elected Members'
Relationships with Developers provides further guidance on this matter.
2. CONFLICT AND DISCLOSURE OF INTEREST
2.1 Conflict of Interest
a) Council Members, Committee Members and staff will ensure that there is no actual
(or perceived) conflict of interest between their personal interests and the impartial
fulfilment of their professional duties.
b) Staff will not engage in private work with or for any person or body with an interest in
a proposed or current contract with the Local Government, without first making
disclosure to the Chief Executive Officer. In this respect, it does not matter whether
advantage is in fact obtained, as any appearance that private dealings could conflict
with performance of duties must be scrupulously avoided.
c) Council Members, Committee Members and staff will lodge written notice with the
Chief Executive Officer describing an intention to undertake a dealing in land within
the local government area or which may otherwise be in conflict with the Local
Government’s functions (other than purchasing the principal place of residence).
d) Council Members and Committee Members who exercise recruitment or other
discretionary functions will make disclosure to the President before dealing with
relatives or close friends and may be disqualified from dealing with those persons.
Staff who exercise recruitment or other discretionary functions will make disclosure to
the CEO before dealing with relatives or close friends and may be disqualified from
dealing with those persons.
e) Staff will refrain from partisan political activities which could cast doubt on their
neutrality and impartiality in acting in their professional capacity. An individual’s rights
to maintain their own political convictions are not impinged upon by this clause. It is
recognised that such convictions cannot be a basis for discrimination and this is
supported by anti- discriminatory legislation.
2.2 Financial Interest
Council Members, Committee Members and staff will adopt the principles of disclosure of
financial interest as contained within the Local Government Act.
2.3 Disclosure of Interest
Definition:
In this clause, and in accordance with Regulation 34C of the Local Government
(Administration) Regulations 1996:
“interest” means an interest that could, or could reasonably be perceived to, adversely affect
the impartiality of the person having the interest and includes an interest arising from kinship,
friendship or membership of an association.
(a) A person who is an employee and who has an interest in any matter to be discussed at a
council or committee meeting attended by the person is required to disclose the nature of the
interest –
i. in a written notice given to the CEO before the meeting; or
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ii. at the meeting immediately before the matter is
discussed.
(b) A person who is an employee and who has given, or will give, advice in respect of any
matter to be discussed at a council or committee meeting not attended by the person is
required to disclose the nature of any interest the person has in the matter-
i. in a written notice given to the CEO before the meeting; or
ii. at the time the advice is given.
(c) A requirement described under items (a) and (b) exclude an interest referred to in S 5.60
of the Local Government Act 1995.
(d) A person is excused from a requirement made under items (a) or (b) to disclose the
nature of an interest if -
i. the person's failure to disclose occurs because the person did not know he or she
had an interest in the matter; or
ii. the person's failure to disclose occurs because the person did not know the
matter in which he or she had an interest would be discussed at the meeting and
the person discloses the nature of the interest as soon as possible after
becoming aware of the discussion of a matter of that kind.
(e) If a person who is an employee makes a disclosure in a written notice given to the CEO
before a meeting to comply with requirements of items (a) or (b), then –
i. before the meeting the CEO is to cause the notice to be given to the person
who is to preside at the meeting; and
ii. immediately before a matter to which the disclosure relates is discussed at the
meeting the person presiding is to bring the notice and its contents to the
attention of the persons present.
(f) If -
i. to comply with a requirement made under item (a), the nature of a person's
interest in a matter is disclosed at a meeting; or (ii) a disclosure is made as
described in item (d)(ii) at a meeting; or
ii. to comply with a requirement made under item (e)(ii), a notice disclosing the
nature of a person's interest in a matter is brought to the attention of the
persons present at a meeting, the nature of the interest is to be recorded in the
minutes of the meeting.
3. PERSONAL BENEFIT
3.1 Use of Confidential Information
Council Members, Committee Members, staff, volunteers and contractors will not use
confidential information to gain improper advantage for themselves or for any other person
or body, in ways which are inconsistent with their obligation to act impartially, or to
improperly cause harm or detriment to any person or organisation.
3.2 Intellectual Property
The title to Intellectual Property in all duties relating to contracts of employment will be
assigned to the Local Government upon its creation unless otherwise agreed by separate
contract.
3.3 Improper or Undue Influence
Council Members and staff will not take advantage of their position to improperly influence
other Council Members or staff in the performance of their duties or functions, in order to
gain undue or improper (direct or indirect) advantage or gain for themselves or for any other
person or body.
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3.4 Gifts
Definitions:
In this clause, and in accordance with Regulation 34B of the Local Government
(Administration) Regulations 1996 -
“activity involving a local government discretion” means an activity -
(a) that cannot be undertaken without an authorisation from the local government; or
(b) by way of a commercial dealing with the local government;
“gift” has the meaning given to that term in S 5.82(4) except that it does not include -
(a) a gift from a relative as defined in S 5.74(1); or
(b) a gift that must be disclosed under Regulation 30B of the Local Government (Elections)
Regulations 1997; or
(c) a gift from a statutory authority, government instrumentality or non-profit association for
professional training;
“notifiable gift”, in relation to a person who is an employee, means -
(a) a gift worth between $50 and $300; or
(b) a gift that is one of 2 or more gifts given to the employee by the same person within a
period of 6 months that are in total worth between $50 and $300;
“prohibited gift”, in relation to a person who is an employee, means -
(a) a gift worth $300 or more; or
(b) a gift that is one of 2 or more gifts given to the employee by the same person within a
period of 6 months that are in total worth $300 or more.
(a) A person who is an employee is to refrain from accepting a prohibited gift from a person
who -
i) is undertaking or seeking to undertake an activity involving a local government
discretion; or
ii) it is reasonable to believe is intending to undertake an activity involving a local
government discretion.
(b) A person who is an employee and who accepts a notifiable gift from a person who -
(i) is undertaking or seeking to undertake an activity involving a local government
discretion; or
(ii) it is reasonable to believe is intending to undertake an activity involving a local
government discretion
must notify the CEO, in accordance with item (c) and within 10 days of accepting the gift, of
the acceptance.
(c) The notification of the acceptance of a notifiable gift must be in writing and include -
i) the name of the person who gave the gift; and
ii) the date on which the gift was accepted; and
iii) a description, and the estimated value, of the gift; and
iv) the nature of the relationship between the person who is an employee and the
person who gave the gift; and
v) if the gift is a notifiable gift under paragraph (b) of the definition of “notifiable
gift” (whether or not it is also a notifiable gift under paragraph (a) of that
definition) –
(1) a description; and
(2) the estimated value; and
(3) the date of acceptance, of each other gift accepted within the 6 month period.
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(d) The CEO is to maintain a register of notifiable gifts and record in it
details of notifications given to comply with a requirement made under
item (c).
(e) This clause does not apply to gifts received from a relative (as defined in S 5.74(1) of the
Local Government Act) or an electoral gift (to which other disclosure provisions apply).
(f) This clause does not prevent the acceptance of a gift on behalf of the local government in
the course of performing professional or ceremonial duties in circumstances where the gift is
presented in whole to the CEO, entered into the Register of Notifiable Gifts and used or
retained exclusively for the benefit of the local government.
3.5 Purchasing Rewards/Loyalty Programs and Competition Prizes
Council Members, Committee Members and staff must not gain private advantage from
public expenditure. Therefore, they must not:
(a) enter competitions where eligibility to enter is based on the Local Government
being a customer of the business offering the competition and if you were not
Councillor, Committee Member, employee, or volunteer of the Local Government
you would not be eligible to enter;
(b) claim incentive points or bonuses on personal reward/loyalty programs from
purchases made using Local Government funds, such as (but not limited to)
Frequent Flyer points, Flybuys, Everyday Rewards;
(c) accept lucky door prizes or raffle prizes whilst attending Local Government-paid
events, functions, professional development activities, or whilst engaging in official
duties.
Any unintended or inadvertent private advantage gained by Council Members, Committee
Members, staff, or volunteers in the course of their duties (eg. corporate business travel
loyalty points) must be surrendered to the Local Government, or disclosed and then used
only for Local Government business and with the CEO’s or (in the case of the CEO)
President’s approval.
4. CONDUCT OF COUNCIL MEMBERS, COMMITTEE MEMBERS, STAFF,
VOLUNTEERS AND CONTRACTORS
4.1 Personal Behaviour
Council Members, Committee Members, staff, volunteers and contractors will:
a) act and be seen to act, properly and in accordance with the requirements of
the law and the terms of this Code;
b) perform their duties impartially and in the best interests of the the Local
Government and the community uninfluenced by fear or favour;
c) act in good faith (ie. honestly, for the proper purpose, and without exceeding
their powers) in the interests of the Local Government and the community;
d) make no allegations which are improper or derogatory (unless true and in
the public interest) and refrain from any form of conduct, in the performance
of their official or professional duties, which may cause any reasonable
person unwarranted offence or embarrassment; and
e) always act in accordance with their obligation of fidelity to the Local
Government; and
f) refrain from publicly criticising Councillors in a way that casts aspersions on
their professional competence and credibility.
Council Members will represent and promote the interests of the Local Government, while
recognising their special duty to their own constituents.
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4.2 Honesty and Integrity
Council Members, Committee Members, staff, Volunteers and Contractors will:
a) Observe the highest standards of honesty and integrity, and avoid conduct
which might suggest any departure from these standards;
b) Bring to the notice of the President any dishonesty or possible dishonesty on
the part of any other member, and in the case of an employee to the Chief
Executive Officer; and
c) Be frank and honest in their official dealing with each other.
4.3 Performance of Duties
S. 2.10 of the Act states that Councillors are required to:
a) represent the interests of electors, ratepayers and residents of the district;
b) provide leadership and guidance to the community in the district.
These two roles are performed simultaneously. Councillors are ‘representative’ of the people
who live in that particular district.
They have been elected to use their leadership skills and be prepared to make sometimes
difficult decisions that will guide the community towards a better outcome.
It is important for Councillors to bear these requirements in mind when considering matters
before council. It is a common misapprehension, particularly when wards are involved that
the consideration of matters should align with the potential effect of a decision upon a ward.
Instead Councillors are required to bring to the matter their knowledge and understanding of
local consequences impacting on the whole community. Ultimately, Councillors have an
obligation to decide an issue taking into account the ‘greater good’ of the community as a
whole.
While on duty, staff will give their whole time and attention to the Local Government's
business and ensure that their work is carried out efficiently, economically and effectively,
and that their standard of work reflects favourably both on them and on the Local
Government.
Council Members and Committee Members will at all times exercise reasonable care and
diligence in the performance of their duties, being consistent in their decision making but
treating all matters on individual merits. Council Members and Committee Members will be
as informed as possible about the functions of the Local Government, and treat all members
of the community honestly and fairly.
4.4 Compliance with Lawful Orders
Council Members, Committee Members, staff, volunteers and contractors will comply with
any lawful order given by any person having authority to make or give such an order, with
any doubts as to the propriety of any such order being taken up with the superior of the
person who gave the order and, if resolution cannot be achieved, with the Chief Executive
Officer.
Council Members, Committee Members, staff, volunteers and contractors will give effect to
the lawful policies of the Local Government, whether or not they agree with, or approve of
them.
4.5 Administrative and Management Practices
Council Members, Committee Members and staff will ensure compliance with proper and
reasonable administrative practices and conduct, and professional and responsible
management practices.
4.6 Corporate Obligations
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a). Standard of Dress
Council Members, Committee Members and Staff are expected to
comply with neat and responsible dress standards at all times. Accordingly:
i) Council Members and Committee Members will dress in a manner appropriate to
their position, in particular when attending meetings or representing the Local
Government in an official capacity.
ii) Management reserves the right to adopt policies relating to corporate dress and to
raise the issue of dress with individual staff.
b). Communication and Public Relations
i) All aspects of communication by staff (including verbal, written or personal), involving
the Local Government’s activities should reflect the status and objectives of the Local
Government. Communications should be accurate, polite and professional.
ii) As a representative of the community, Council Members need to be not only
responsive to community views, but to adequately communicate the attitudes and
decisions of the Council. In doing so Council Members should acknowledge that:
• As a member of the Council there is respect for the decision making
processes of the Council which are based on a decision of the majority of
the Council.
• Information of a confidential nature ought not to be communicated until it is
no longer treated as confidential.
• Information relating to decisions of the Council on approvals, permits and
so on ought only be communicated in an official capacity in writing, by a
designated officer of the Council; and
iii) Information concerning adopted policies, procedures and decisions of the Council is
conveyed accurately
Committee Members accept and acknowledge it is their responsibility to observe any
direction the Local Government may adopt in terms of advancing and promoting the
objectives of the Committee to which they have been appointed.
4.7 Appointments to Committees
As part of their representative role, Council Members are often asked to represent the Local
Government on external organisations. It is important that Council Members:
a) Clearly understand the basis of their appointment; and
b) Provide regular reports on the activities of the organisation
5. DEALING WITH LOCAL GOVERNMENT PROPERTY
5.1 Use of Local Government Resources
Council Members, Staff, Volunteers and Contractors will:
a) Be scrupulously honest in their use of the Local Government’s resources and shall
not misuse them or permit their misuse (or the appearance of misuse) by any other
person or body;
b) use the Local Government’s resources entrusted to them effectively and
economically in the course of their duties; and
c) not use the Local Government’s resources (including the services of Shire staff) for
private or business related purposes (other than when supplied as part of a contract
of employment in the case of staff), unless properly authorised to do so, and
appropriate payments are made (as determined by the Chief Executive Officer).
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5.2 Travelling and Sustenance Expenses
Council Members, Committee Members and staff will only claim or
accept travelling and sustenance expenses arising out of travel related matters which have a
direct bearing on the services, policies or business of the Local Governments in accordance
with the provision of the Local Government Act.
5.3 Access to Information
a) Staff will ensure that Council Members are given access to all information necessary
for them to properly perform their functions and comply with their responsibilities.
b) Council Members will ensure that information provided will be used properly and to
assist in the process of making reasonable and informed decisions on matters before
the Council.
ASSOCIATED DOCUMENTS
ELM04 Communication with Developers and Interest Groups –SOA –CEO 109 Form
ELM04 – Use of Council Resources Procedure
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ELM05 Councillor Training/Conference Attendance
Aim
To provide best practice local government by providing Councillors with the opportunity to attend relevant training and conference programs to further their knowledge and skills to better represent their constituents
Application All Elected Members
Statutory Environment
The Local Government Act 1995 Local Government (Administration) Regulations 1996 Planning and Development Act 2005 Public Service Award 1992
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council leadership
Approval Date OMC 22 May 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2020
Review Period 2 years
PREAMBLE
This policy is to provide a framework within which Councillors can have access to a range of
development and training/conference opportunities that will assist them to undertake their
role throughout the elected term of office.
The Shire of Ashburton has a budget allocation for the purpose of enabling Councillors to
participate in development opportunities that will assist them to undertake their role and/or
develop skills and competencies.
TRAINING/CONFERENCE
The Shire of Ashburton provides training /conference opportunities for Councillors that
contributes to the corporate objectives by:
• Assisting prospective and new Councillors assimilate into the role; and • Assisting Councillors to meet the demands upon them by developing the necessary
skills through recognised training; and • Assisting Councillors to achieve excellence in performance; and • Ensuring Councillors work professionally in a team environment for the betterment
of their constituents. Councillors can attend various programs during their term of office, to assist their professional
development and to provide them with enhanced skills to effectively maximise the benefits of
the commitment they have given to their elected position.
Council will give preference to any course which can be conducted on site and therefore can
benefit a larger number of Councillors and Staff. Any request for training/conference
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38
attendance should include consideration of whether the course can be
conducted within the Shire of Ashburton.
If possible, where training can be held on site, an invitation will be extended to regional
councils to join in the training. To register, the attached application form and other relevant
documents must be completed and provided to the Chief Executive Officer (CEO) prior to the
program.
CONFERENCE TRAINING BUDGET
The $5,000 individual Councillor Conference / Training budget is to be maintained and all
Conference / Training costs are allocated against that sum, except for the following:
• Car mileage expenses from the Councillors home in Ashburton to the airport, and likewise for the return journey, from the airport to the Councillors home.
• Local hotel costs where travel from the Councillors home in Ashburton to the airport warrants it (Note – generally the hotel in Tom Price or Paraburdoo, but could be Onslow or Karratha in certain circumstances.
• Costs to attend the annual WALGA Local Government Week Conference (Note – this is to promote Councillor attendance at this annual conference as a combination training opportunity; chance to meet other WA Local Government Councillors and WALGA representatives; and also as a good forum for Councillor team development. It will be budgeted separately to the $45,000 Councillor Conference allocation, as will the President’s attendance at either the ALGA Congress or the State of the Nation event.
Should a Councillor have the opportunity to be accompanied by a family member or partner
to a work related conference or event, any administration in relation to transport and/or
bookings or accommodation and/or any associated costs are the responsibility of the
Councillor in all instances.
Should a Councillor attend an authorised conference dinner (or similar), where available, the
Shire will pay for the cost of one family member or partner to accompany the Councillor. Any
family members or other attendees accompanying the Councillor is not covered under the
Council’s relevant insurance policies.
APPROVAL PROCESS
The ELM05 Procedure, Applications and Expenses Forms are available from the CEO’s office
on request. Applications will be determined by the Shire President in consultation with the
CEO with regard to budget availability. It is intended that the budget allocation for Councillors
will be applied in a consistent and fair manner without patronage.
The application can only be approved where the costs are in accordance with ELM06
Councillors Accommodation, Travel and Incidental Expenses whilst on Council Business
Policy can be accommodated within the approved budget allowance.
The Evaluation Form and any comments from the Training/Conference is to be provided to
the CEO for inclusion into the monthly Information Bulletin.
SUMMARY
Policy ELM04 Code of Conduct and ELM06 Councillors Accommodation, Travel and
Incidental Expenses whilst on Council Business Policy are to be adhered to at all times.
ASSOCIATED DOCUMENTS
ELM05 Procedure
ELM05 Application Form (CEO 058)
ELM05 Councillor Travel Expense Claim Form (CEO 023)
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ELM05 Evaluation Form (CEO 054)
ELM06 Councillors Accommodation, Travel and Incidental Expenses
Whilst on Council Business Policy
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ELM06 Councillor Accommodation, Travel and Incidental
Expenses Whilst on Council Business
Aim
Members of Council are required to perform a number of functions in the fulfilment of their Councillor duties. The Shire also provides members with the opportunity to attend conferences, seminars and training courses to continuously improve their capacities. The Shire therefore provides members with suitable levels of allowances and equipment, and reimburses members for reasonable levels of expenses incurred in the performance of the above duties and activities.
Application All Elected Members
Statutory Environment
Local Government Act 1995, s2.10, 5.98(2) (b), 5.98(3) (b), 5.98(5) (b), 5.99A (b), 5.102. Local Government (Administration) Regulations 1996, Regs 31(1), 32(1) Salaries & Allowances Act s7B Salaries and Allowances Tribunal on Local Government Elected Council Members June 2014 Public Service Award 1992 (Schedule F & I) Local Government Officer’s (Western Australia) Interim Award 2011
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council leadership
Approval Date OMC 20 November 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2022
Review Period 2 years
OBJECTIVE
1. To ensure that representatives of the Shire who are attending to legitimate and approved
business on behalf of the Council are not financially disadvantaged as a result of
attending to that business.
2. To provide flexibility for Elected Members required to travel on Council Business.
3. To ensure the funds of the Shire are properly and responsibly used by representatives of
the Council when they incur expenses whilst on legitimate and approved Shire business,
and that funds are accounted for in accordance with the relevant Regulations.
POLICY STATEMENT
In order for Elected Members to carry out their legislated roles and functions, to participate in
training/conferences, and to consult with stakeholders and other Local Government
Shire of Ashburton Policy Manual
41
representatives both within and outside the Shire of Ashburton, the
Shire may reimburse relevant costs and pay agreed member
allowances.
All Elected Members are encouraged to attend appropriate training in accordance with Policy
ELM05.
MEMBER ALLOWANCES
Under the LGA the Council is required to determine the amount of allowances that members
are entitled to receive within prescribed limits (which are set out in the Local Government
(Administration) Regulations 1996, and complimented via WA State Administrative Tribunal
determinations). The amount of these allowances are to be reviewed each year by Council
as part of the annual budget development process and the revised amount is to be set by a
resolution of Council made by an absolute majority.
Allowances are to be paid quarterly in arrears if an elected member retires before the end of
their term then they will be paid a daily rate up until the date they retire.
REIMBURSEMENT OF STATUTORY TRAVEL EXPENSES
Members may be entitled to reimbursement of expenses incurred in travelling in connection
with their (Council endorsed where relevant) duties as Elected Members, including
attendance at but not limited to the following:
• meetings (Council Meetings and Representative Meetings)
• briefings
• workshops
• presentations
• deputations
• ceremonies (i.e. Australia Day, Anzac Day and Citizenship)
• functions and receptions
• training and seminars
• on-site inspections.
The extent to which an elected member can be reimbursed for travel and accommodation
costs incurred in any of the circumstances referred to in Regulation 32(1) of the LG
Regulations is at the same rate applicable to the reimbursement of travel and
accommodation costs in the same or similar circumstances under the Public Service Award
1992, travel costs incurred while driving a privately owned or leased vehicle under the Local
Government Officers’ (Western Australia) Interim Award 2011 as issued by the Western
Australian Industrial Relations Commission as at the date of the current determination of the
Salaries and Allowances Tribunal on Local Government Elected Council Members.
“AWAY FROM HOME” EXPENSES
All accommodation requirements to be where-ever possible supported by an official Council
purchase order and coordinated by the Chief Executive Officer (or delegate).
All reasonable away-from-home costs like accommodation, taxi fares, meals, refreshments
(including non-alcoholic mini-bar purchases) and other minor relevant incidentals are to be
reimbursed. Claims can include a reasonable range of expenses commonly associated with
living away from home and liaising with external stakeholders, like a limited amount of
alcoholic refreshments accompanied with an evening meal and in some circumstances costs
like unforeseen/emergency clothes cleaning.
The Shire reserves the right to disallow excessive claims and invoice for reimbursement if
required. Expenses like in-room movies and otherwise personal costs like grooming, will
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42
not be reimbursed. Reasonably avoidable costs like clothes washing
or meal costs where they are otherwise provided by the
accommodation package or the training/conference will also not be reimbursed.
EXTENDED STAY
Any Elected Member wishing to remain at a destination for extra days before or after their
Council activities has concluded, does so at their own expense (including not being covered
by the Shire’s insurance policies). Shire costs should not exceed what would otherwise have
applied, like for example, any return flights booked must be of equivalent or lesser value of
the day they would have travelled (if it is higher, the Elected Member must meet the
difference in those costs).
Note: Any extension to accommodation should not be booked at a Local Government rate.
However, should the discounted Local Government rate be applied, then Elected Members
are to take into account the gift implications which apply and should complete the necessary
disclosure forms to ensure transparency of the accommodation payment transaction.
MOTOR VEHICLE ALLOWANCE
Elected Members may make application to seek reimbursement for costs of utilising their
private vehicles to perform their duties as Elected Members.
Travel costs incurred while driving a privately owned vehicle are to be calculated at the same
rate applicable to the Local Government Officers’ (Western Australia) Interim Award 2011
issued by the Western Australian Industrial Relations Commission as at the date of the
current determination of the Salaries and Allowances Tribunal on Local Government Elected
Members.
Elected Members should endeavour to locate the most cost effective travel arrangements,
including travelling with other Councillors in their vehicles where reasonable to do so and
also travelling by plane in lieu of a motor vehicle where that is more cost effective.
CHILD CARE
Members who incur child care costs as a result of attending Council meetings or a meeting
of a committee (of which he or she is a member), are entitled to reimbursement in
accordance with section 5.98(2) as prescribed in regulation 31(1)(b) of the Local
Government (Administration) Regulations 1996.
Child care costs incurred are to be calculated at the same rate applicable to the current
determination of the Salaries and Allowances Tribunal on Local Government Elected
Members.
OTHER EXPENSES (Incidentals)
It is not expected that members may need to incur any unreasonable level of expense in the
performance of their duties. Where a member does incur in the performance of their duties
any other expense (in addition to those specifically highlighted in this Policy) which the
member believes they are entitled to have reimbursed, a claim should be submitted to the
Chief Executive Officer, who shall decide in accordance with the LGA and the Administration
Regulations on the extent of the reimbursement.
CLAIMING OF COSTS
Any claim for other expenses shall include receipts or suitable evidence of expenditure and
are to be submitted with the SOA CEO 023 ELM05 Travel Expense Claim form to the Chief
Executive Officer for authorisation. In instances where receipts or proof of expenditure
cannot be supplied, a written declaration with sufficient information of expenditure should be
Shire of Ashburton Policy Manual
43
submitted with the travel claim (a written declaration will ideally only
be used for special circumstances and will be determined as
appropriate by the Chief Executive Officer).
The appropriate methods of payment of allowances and forms to be used are to be
determined by Corporate Services having regard to accounting and auditing requirements.
Other guidelines, directions and procedures for the administration of this policy may include
such things as:
• Purchasing procedures
• Preferred accommodation providers
• Corporate charging arrangements
COSTINGS
Elected members should contact the Elected Member Support Officer in order to ascertain
their expenditure regarding costs incurred as part of this policy at the time of application.
SUPPORTING DOCUMENTATION
ELM05 Elected Member Training/Conference Attendance Policy
ELM05 Procedure
SOA CEO 058 ELM05 Application For Training Form
SOA CEO 023 ELM05 Travel Expense Claim Form
SOA CEO 054 ELM05 Evaluation Form
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ELM07 Conduct of Public Question Time
Aim To outline the procedure for the conduct of public question time at ordinary and special meetings of council and to any committee that is open to the public.
Application All Elected Members
Statutory Environment
Local Government Act 1995 s5.24 – Question Time for Public Shire of Ashburton Standing Orders Local Law 2012
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council leadership
Approval Date OMC 20 November 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2022
Review Period 4 years
Public Question Time
The procedures for Public Question Time is set out in the Shire of Ashburton Standing
Orders.
A provision for public question time is made at each meeting of Council, and at Committees
that are open to the public.
On attendance at a Meeting, members of the public are required to be provided with the
guidance document ‘Protocols Public Question Time – Council Meetings’ also available on
the Shire website (www.ashburton.wa.gov.au) which gives information on the conduct of
Public Question Time.
Members of the public are required to submit their public questions in writing, preferably on
the Public Question Form SOA CEO 143. Public Question forms are available on the Shire
website (www.ashburton.wa.gov.au) and at the venue of the Council/Committee Meeting
immediately prior to meetings.
Department of Local Government Guidelines relating to Public Question time outline that
elected members should not use question time to ask questions as many other alternatives
are available to them. If elected members are provided with questions from members of the
public for presentation to Council as part of Question Time, the Councillor should provide a
copy of the questions to the Chief Executive Officer as soon as practical after receiving
them, and lodge the original document in the Question Time Tray on Council Meeting Day.
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Question time is reserved for genuine questions only and is not
intended to be used for the making of statements. Questions should
ideally be submitted as early as possible prior to the meeting to enable research to be
undertaken, thus enabling the most comprehensive response possible to be provided and
avoiding the need to take the question(s) on notice.
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ELM08 Order of Business- Ordinary Council Meetings
Aim
To outline the Order of Business at Ordinary Meetings of Council and Council Committees as determined by Clause 18 of the Local Law Relating to the Conduct of Proceedings and the Business of Council – Standing Orders.
Application All Elected Members and Staff
Statutory Environment
Local Government Act 1995 Part 3- Functions of Local Government, Subdivision 1
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council leadership
Approval Date OMC 20 November 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2022
Review Period 4 years
The Order of Business at an Ordinary Meeting of Council shall be as follows:
1. Declaration of Opening
1.1 Acknowledgement to Country
2. Announcement of Visitors
3. Attendance
3.1. Present
3.2. Apologies
3.3. Approved Leave of Absence
4. Public Question Time
4.1. Response to Previous Public Questions taken on Notice
4.2. Public Question Time
5. Applications for Leave of Absence
6. Declaration by members
6.1. Due Consideration by Councillors to the Agenda
6.2 Declarations of Interest
7. Announcements by the Presiding Person without Discussion
8. Petitions/Deputations/Presentations
8.1. Petitions
8.2. Deputations
8.3. Presentations
9. Confirmation of Minutes
9.1 Receipt of Committee Minutes – “En Bloc”
9.2 Receipt of Committee and other Minutes
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9.3 Recommendations of Committee
10. Agenda Items adopted “En Bloc”
11. Office of the CEO Reports
11.1. Outstanding Resolutions of the Council
11.2 Use of Common Seal and Certain Actions Performed under Delegated Authority
(required by Council to be reported each month pursuant to the Delegation
Register)
12. Corporate Services Reports
13. Property and Development Services Reports
14. Community Services Reports
15. Infrastructure Services Reports
16. Councillor Agenda Items / Notices of Motions
17. New Business of an Urgent Nature Introduced by Decision of Meeting
18. Confidential Matters
19. Next Meeting
20. Closure of Meeting
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ELM09 Elected Member Information Forums
Aim
Elected Member Information Forums (EMIFs) are intended to provide a forum at which Elected Members can become fully informed on matters that will be considered by Council; and can raise and discuss a broad range of matters of strategic and operational significance.
Application All Elected Members
Statutory Environment
Local Government Act 1995 Shire of Ashburton Standing Orders Local Law 2012
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council leadership
Approval Date OMC 09 December 2015
Monitor and Review Office of the CEO
Last Review 2015
Next Review 2019
Review Period 4 years
POLICY STATEMENT:
This Policy has been prepared to provide guidelines governing the conduct of the EMIFs to
ensure compliance with the intent of the Local Government Act 1995 including the principles
of open and accountable decision making.
EMIFs shall be conducted on the basis that EMIF items of business will be divided into three
distinct sections:
1. EN BLOC DISCUSSION
a. Elected members to review Agenda Items and identify items that they wish to discuss or
have questions.
b. Councillor Agenda Sheets will be provided at the time of Agenda publication. Elected
Members to indicate which items they want to discuss or have further questions. Where
possible, questions should be sent to EMACCESS before the meeting.
c. The Shire President and CEO will receive a summary of the collated Councillor Agenda
Sheets to assist with identifying En Bloc Agenda Items prior to Council Meeting.
2. EMIF Compliance Items
Elected Members are to review the Compulsory Annual Compliance Items as listed on a
monthly basis. This process gives the Council the necessary tools to meet the compliance
objectives set out by the Local Government Act 1995.
3. EMIF Workshop/Presentation
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a. Workshops and Presentations allow for the opportunity for the
Elected Members to be informed and have input into strategic and
corporate direction and related issues of importance to the Shire.
b. General discussion opportunity, to update Councillors and staff on contemporary
Ashburton issues (time permitting).
3. COUNCILLOR REPORTS, NOTICES OF MOTION, CONTEMPORARY ISSUES AND
RELEVANT MEETING ATTENDED
a. Time is allocated for Councillors to provide a verbal report on any contemporary issues
and relevant meetings attended
b. Any proposed Notices of Motion (Standing Orders clause 5.3) are also to be discussed
here, with the view that all Notices of Motion will benefit from a general discussion, but
also to deal with proposals that do not require a formal Council decision in a more timely
and cost efficient manner (for example, dealt with by consensus and at organisational
level).
4. EMIF “Carried Over” Compliance Items
To be held as needed to deal with compulsory compliance and workshop/presentation items
(i.e. 1a and 2a above) not completed at the previous Ordinary Council Meeting day.
FORMAT:
A. EMIF dates are to be scheduled by the Elected Members at the same time as the
yearly Council Meeting Schedule.
B. EMIFs will not facilitate a public gallery.
C. Forums are to be attended by all Councillors and relevant officers.
D. Decisions or agreement cannot be reached in respect to any matter raised during the
EMIF that requires a Council resolution.
E. All principles of the Local Government Act 1995 and Council’s Code of Conduct
apply to these EMIFs. Subject to complying with Council’s Code of Conduct,
discussion during the Forums should be open, honest and frank in order to engender
a team approach to problem solving and to enable Elected Members to become fully
informed on matters which may come before them.
REFERENCES:
EMACCESS PROTOCOL
DISCUSSION BOARD PROTOCOL
DEPARTMENT OF LOCAL GOVERNMENT “COUNCIL FORUMS” GUIDELINES
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ELM10 Financial Sustainability Policy
Aim
This policy establishes the financial sustainability framework for the Council. The policy is based on the Council’s desire to plan for on-going financial sustainability to provide appropriate services and infrastructure for the community now and into the future. It provides the framework within which Council will achieve the aims set out in its long-term financial plan.
Application All Elected Members and Officers involved in the planning and financial management activities.
Statutory Environment
Local Government Act 1995 Section 5.56(1) Local Government (Financial Management) Regulations Part 4
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment
Approval Date OMC 20 November 2018
Monitor and Review Corporate Services
Last Review 2018
Next Review 2020
Review Period 2 years
Financial sustainability at the Shire of Ashburton means that in committing to a financially
sustainable future, no policy or other decisions will be made without considering the
long-term financial impact of those decisions. In making this commitment, it is
acknowledged that unexpected events will occur in the future and Council will plan for
reasonably foreseeable contingencies, but given the inherent uncertainties about future
events, it is impossible to plan for every eventuality.
The Council and relevant officers will plan and make decisions so that appropriate services
and infrastructure, as outlined in the Strategic Community Plan (SCP) are provided at
acceptable service levels for current and future generations in a cost effective and
affordable manner.
POLICY STATEMENTS
Long-term Financial Plan
Council will adopt a 15 year Long-term Financial Plan (LTFP) that sets out the funding
(revenue raising) and financing (paying for outlays) requirements for infrastructure and
services to be provided to equitably meet its Strategic Plan’s identified community needs
and preferences and the aims contained in its Strategic Asset Management Plan.
The LTFP will be based on community needs and substantial achievement of the required
ratio targets for each of its primary financial sustainability indicators as set out below. This is
required to meet the DLG advisory standard requirements of the Long Term Financial Plan.
Shire of Ashburton Policy Manual
51
Operating
surplus ratio
Net operating
surplus, divided
by own source
Operating
revenue,
expressed as a
percentage.* ^
This is an
indicator of the
extent to which
revenues raised
cover operational
expenses only or
available for
capital funding
purposes.
Standard is not met if the operating
surplus ratio is 0%
Achieving standard is met if the
operating surplus ratio is between 0%
and 15%.
Advanced standard is met if the
operating surplus ratio is greater than
15%
Current ratio or
working capital
ratio
Current assets
divided by
current
liabilities.
Expressed as
1:X, percentage
or decimal
figure * ^
This is a modified
commercial ratio
designed to focus
on the liquidity
position of a
Local government
that has arisen
from past years
transaction.
Standard is not met if this ratio is
any value lower than 1 as to 1.
Achieving standard is met if the
ratio is equal to an expression of 1:1
or greater (e.g. 100% or 1.0).
Debt service
cover ratio
Annual
operating
surplus before
interest and
depreciation
divided by
annual debt
service
payments (both
principal and
interest).* ^
Also known as
‘debt coverage
ratio’,
This is the ratio of
cash available for
debt servicing to
interest, principal
and lease
payments.
Standard is not met if this ratio is
lower than 2.
Achieving standard is met if this
ratio is greater than or equal to 2.
Advanced standard is met at a
higher level if this ratio is greater than
5.
Own Source
Revenue
Coverage Ratio
Own Source
Operating
Revenue
divided by
Operating
Expense
This ratio is the
measurement of
a local
government’s
ability to cover its
costs through its
own revenue
efforts.
Standard is not met if this ratio is
lower than 0.4
Achieving standard is met if the
ratio is between 0.4 and 0.9
Advanced standard is met if the
ratio is greater than 0.9
Asset
consumption
ratio (ACR)
Depreciated
replacement
cost of assets
(written down
value) divided
by current
replacement
costs of
depreciable
assets.*^
This shows the
written down
current value of a
local
government’s
depreciable
assets relative to
their ‘as new’
value in up to
date prices.
Standard is not met if ratio data
cannot be identified or ratio is less
than 50%
Achieving standard is met if ratio
data can be identified and ratio is
50% or greater
Standard is improving if ratio is
between 60% and 75%
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52
Expressed as a
percentage.
The ratio
highlights the
aged condition of
the local
government’s
stock of physical
assets.
Asset
sustainability
ratio (ASR)
Capital
expenditure on
replacement or
renewal of
assets divided
by the
depreciation
expense.*^
Expressed as a
percentage.
This measures
the extent to
which assets
managed by the
local government
are being
replaced as they
reach the end of
their useful lives.
Standard is not met if ratio data
cannot be identified or ratio is less
than 90%
Achieving standard is met if ratio
data can be calculated and ratio is
90%
Standard is improving if ratio is
between 90% and 110%
Asset renewal
funding ratio
Net present
value of
planned capital
expenditure
based on
current
Departmental
guidance on
renewals over
ten years
divided by the
net present
value of the
required capital
expenditures on
renewals over
the same
period.*^
Expressed as a
percentage.
This indicates
whether the local
government has
the financial
capacity to fund
asset renewal as
required, and can
continue to
provide existing
levels of services
in future, without:
additional operating income; or
reductions in operating expenses; or
an increase in net financial liabilities above that currently projected.
Standard is not met if ratio data
cannot be identified or ratio is less
than 75%
Achieving standard is met if ratio
data can be identified and ratio is
between 75% and 95%
Standard is improving if ratio is
between 95% and 105% and the
ASR falls within the range 90% to
110% and ACR falls within the range
of 50% to 75%
Ref: INTEGRATED PLANNING AND REPORTING ADVISORYSTANDARD
WA Department of Local Government
September 2016
The Council’s LTFP will be monitored and progressively revised so that all primary indicators
fall within their respective target ranges and then be maintained. Where primary indicators
fall outside the acceptable limits, Council will take corrective action and revise plans so that
indicators return to acceptable levels within the 15 year planning period.
The primary financial sustainability indicators are the long-term financial rules which will guide
Council in making financial decisions and the target and acceptable ranges may be varied
Shire of Ashburton Policy Manual
53
by Council over time.
Secondary financial sustainability indicators will be developed that will
be useful benchmarks or cross-checks to consider in conjunction with the primary indicators.
They are not ‘the rules’ in themselves, but they are intended to be helpful to assess the
wider impacts of plans and decisions. Comparisons may also be made with other councils
or industry benchmarks, and non-financial social and community sustainability indicators
will also be considered in all planning and decision-making.
The ranges established for the primary financial sustainability indicators allow for some
impact of future uncertainties and contingencies so that ongoing financial sustainability can
be maintained. In addition, Council will prudently set aside reserves to fund future
expenditure requirements. However, it is impossible to plan for every eventuality (e.g.
natural disasters or major legislative changes impacting on local government), and Council
may be required to undertake short-term corrective actions in the future to respond to
unexpected events and immediate challenges to financial sustainability.
Management and Review
Council will manage the LTFP through the annual planning process, updating and
maintaining the 15 year financial sustainability model and indicators, and the budgeting
and review process. This will ensure that planned long-term service and infrastructure
levels and standards are met without a need to unexpectedly increase rates and charges or
reduce services.
The 10 year financial sustainability model will be utilised on an as need basis for strategic
financial proposals or financial impacts, and for the Annual Budget process. The LTFP is
reviewed annually in conjunction with the updating of Strategic Community Plan (SCP),
Corporate Business Plan (CBP) and the Strategic Asset Management Plan (SAMP).
This review will consider Funding (rating, grants and fees and charges), Asset Management
(maintenance, renewals, replacement, acquisitions, disposals) and Service Levels (operating
expenditure, full cost attribution, fully commercial).
The outcomes from the LTFP will form the basis for the development of the Council’s budget
for the following financial year. Progress towards the goals established in the LTFP will be
monitored throughout the year through review of performance against budget on a monthly
basis. On a half yearly basis, the financial sustainability model and indicators will be reviewed
based on current financial forecast and trends. The quality and accuracy of the financial
sustainability model data will be reviewed and findings will be incorporated in the following
financial year’s budgeting process.
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ELM13 Affixing of the Shire of Ashburton Common Seal
Aim To establish the circumstances under which the official Council Common Seal may be affixed to documents.
Application Elected Members & CEO
Statutory Environment
Local Government Act (1995) S2.5(2) & S9.49
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 20 November 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2022
Review Period 4 years
1. Affixing the Common Seal
Under section 9.49A of the Local Government Act 1995 –
a. the Common Seal cannot be affixed to a document except as authorised by the
Council;
and
b. the Common Seal must be affixed to a document in the presence of –
(i) the Shire President (or, if section 5.34 applies, by the Deputy Shire President); and (ii) the CEO or an employee authorised by the CEO;
each of whom is to sign the document to attest that the Common Seal
was affixed.
2. Documents requiring the Common Seal to be affixed
The Common Seal is to be affixed only to documents required by Legislation to be
executed using the Common Seal eg., Transfer of Land Act 1893.
3. Procedures for the use of the Common Seal
The Chief Executive Officer is responsible for the security and proper use of the
Common Seal.
4. Wording of the Common Seal clause
If the legislation is silent on the wording of the Common Seal clause then the
following shall apply:
Example – Where the Common Seal is Affixed by Resolution of Council
DATED: __________20__
The Common Seal of the Shire of [name] was affixed by authority of a resolution of
the
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Council in the presence of:
___________________________
[INSERT NAME OF PRESIDENT]
PRESIDENT
___________________________
[INSERT NAME OF CEO]
CHIEF EXECUTIVE OFFICER
5. Common Seal Register Entries in the register are to indicate; (a) the document to which the seal was affixed; (b) the date the seal was affixed; (c) the people who have attested to the seal being affixed to the document; (d) the date on which the Council resolved to make the decision or enter into the
contract to which the document relates; and the date on which the Council resolved to grant authorisation for the seal to be affixed to the relevant document.
6. Security of the Common Seal
The CEO is to make appropriate arrangements for – (a) keeping the seal in a safe and secure location; and (b) the appointment of a person who is to have custody of the seal.
7. Associated Documents
Internal:
SOA CEO 094 Use of Common Seal Register (Form)
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ELM14 Governance and Policy Manual
Aim To assist the Council to achieve its commitment to excellence in Governance
Application Elected Members & Staff
Statutory Environment
Local Government Act (1995)
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 08 May 2013
Monitor and Review Office of the CEO
Last Review 2017
Next Review 2019
Review Period 2 years
Preface
Corporate governance is a system of processes through which an organisation makes
decisions and how it directs, controls and monitors its operations. The systems are complex
and are required by legislation. The Governance Manual will assist the Council to achieve its
commitment to excellence in governance.
The Manual links the respective roles under the Local Government Act and other relevant
legislation with the suite of available governance documents. It is designed to provide
guidance and information to the major participants in all functions and governance
processes of the Council.
It will act as:
an introduction for new Councillors and staff members to the governance framework and processes for the Council;
a guide and reference for Councillors in performing their duties as elected representatives;
a document that establishes clear guidelines for the day-to-day governance of the Council.
a basis to monitor the performance of the Council and administration in working towards excellence in governance.
The manual has been based on a number of existing governance frameworks, but in
particular “Excellence in Governance for Local Government” produced by the Local
Government Managers Australia and CPA Australia.
The Manual is divided into five parts:
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Part One: Principles, values and vision
The principles, values and vision establish the underlying aspects that should govern every aspect of Council corporate operations.
Part Two: Overview of corporate governance
This section introduces the need for a governance manual. It explains the importance of good governance and the critical factors to be considered for all stakeholders in governance processes.
Part Three: Council governance statement and framework
This part outlines the conceptual governance framework for the Council. It provides a statement of commitment to good governance principles within which all Elected Members and staff should operate. The framework highlights the inter-relationship between different aspects of good governance and illustrates how the Councillors and staff must work in a collegiate way to ensure strength and success in the Council’s governance practices.
Part Four: Detailed Guidelines for good governance practice
Provides more detailed guidelines on how good governance is carried out. The section covers roles and responsibilities, decision-making, accountability and sustainability.
Part Five: Appendix - Policies
Policies provided reference essential documents that support the governance
processes and procedures of the Council.
Summary
The Governance Manual will form the basis for a biennial corporate governance review
by Council which will assess the effectiveness of the Elected Members and
administration in achieving good governance.
Part 1: Principles, Vision and Mission
1.1 Principles
Clear principles govern how decisions are made by the whole organisation. All decisions
should be measured against the principles to ensure that the governance processes and
practices adhere to the overarching principles of operation. Individual elected members and
staff take specific responsibility for governance in their own activities. Individual actions in
governance must demonstrate values that reflect best practice in governance and alignment
with the agreed principles. The vision and values of the Council demonstrate how the five
principles above are incorporated in a Vision that provides the long term goals for the
Council. Five key principles have been identified to assist Council achieve excellence in
governance.
These are:
Principle 1. - Clear Vision And Culture.
Uniting in a clear vision and positive culture that respects the natural and built heritage of the Council as well as community needs and aspirations.
Principle 2. – Productive Roles and Relationships.
Valuing the different roles of the various elements of a local government and the need for positive working relationships between these elements.
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Principle 3. – Good leadership.
Demonstrating exemplary leadership qualities through effective decision-making and related management processes that reflect transparency, integrity and sustainability.
Principle 4. - Accountability.
Accounting for all local government activities and installing and maintaining systems which reinforce accountability and which communicate outcomes achieved to the community.
Principle 5. – Commitment to Sustainability
Making the right decisions for both now and for future generations, in careful monitoring of progress to avoid negative impact, and, in ensuring a positive change for improved results and outcomes.
1.2 Shire of Ashburton Vision
We will embrace our unique Pilbara environment and lifestyle through the development of
vibrant, connected and active communities that have access to quality services, exceptional
amenities and economic vitality.
1.3 Shire of Ashburton Focus
In the context of the Shire of Ashburton’s objectives to strengthen and diversify opportunities
and experiences for people living, visiting, working and learning in the Shire, strategies will
address the following six key areas:
Diversify and Strengthen the Economy
Focuses on ensuring that the Shire's economic base is robust, broad and able to service future growth
Include and Engage Our Community
Ensures lifestyle is enhanced by providing access to satisfactory health and educational services, as well as quality recreational, community and social services.
A Connected and Accessible Region
Addresses the need for people to have a high standard of access to their neighbourhood community, region and world by means of high quality transport and communication systems.
Conserve and Enhance the Environmental and Cultural Heritage
Ensures that the Shire's diverse natural, cultural and built environment is conserved
Community Safety and Security
Promotes an environment which is safe and secure from both natural and societal risks
A Well Managed and Contemporary Corporation
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Delivers effective and accountable governance and administration
within the Shire organisation, achieved by demonstrating:
Economic growth and diversity
Quality lifestyle and social wellbeing
Ecological sustainability and environmental management
Improved services and infrastructure
Best practice local government management
1.4 Strategic Planning Context
Integrated planning and reporting, gives local governments a framework for establishing
local priorities and to link this information to operational functions.
Legislation changes gazetted in August 2011 require compliance to this approach that can
be tabled to the size and structure of each local government as long as the principles and
practices of the framework are upheld.
Ref: A “plan for the future” - S5.56 (1) of the Local Government Act (1995)
Elements of the Integrated Planning Framework
The Strategic Community Plan responds to three questions put to the community and the
local government:
• Where are we now?
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• Where do we want to be?
• How do we get there?
The plan prioritises community aspirations giving consideration to:
• Social objectives.
• Economic objectives.
• Environmental objectives.
• Factors such as changing demographics and land use.
It is at least a 10 year Plan
The Corporate Business Plan activates the Strategic Community Plan by responding to:
• Council’s distillation and prioritisation of the community’s short, medium and long term
aspirations.
• Existing operational plans, priorities and external factors impacting on resourcing.
• The assessment and integration of services and business area plans.
The process through which the Corporate Business Plan is developed incorporates:
• Activating the Strategic Community Plan.
• Operations Planning - including:
− Asset Management.
− Financial Management.
− Workforce Management.
It is for at least 4 years
Ref: https://integratedplanning.dlg.wa.gov.au
Part 2 Overview of Corporate Governance
2.1 Governance in the Legislative Environment.
Local Governments in Western Australia are required to make decisions, report them and
implement them according to the provisions of the Local Government Act 1995 (the Act).
Other legislation regulates the way in which a local government exercises its authority in
areas such as Town Planning, Environmental Health and Dog Control.
The Act defines the roles and responsibilities of Elected Members and the Chief Executive
Officer to ensure that a local government fulfils its obligations and exercises its powers and
functions appropriately. Section 3.1 (1) of the act prescribes that the general function of a
local government is to provide for the good government of persons in its district.
To facilitate good government, local governments develop strategies and policies and
provide mechanisms and processes for their implementation as provided for in the Act and
its regulations The Governance Manual establishes the policies and processes by which the
Elected Members and the Chief Executive Officer undertake their respective roles.
2.2 Definition of ‘Good Governance’.
Just as the companies operating in the private sector has a requirement to adhere to
legislation and regulations governing compliance and behaviour, so do local governments in
the public sector.
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The
private sector has had a long standing involvement with governance issues, as reflected in
adoption of mechanisms such as the Australian Institute of Company Directors corporate
governance charter, which:
“…defines the roles and responsibilities of the ultimate decision makers in the organisation
and establishes a framework for strategic planning. It also defines expectations of the board
and delineates critical policies, such as strategies for risk management and the delegation of
responsibility.”
2.3 Excellence in Governance.
Governance is the process by which decisions are taken and implemented; the process by
which organisations go about achieving their goals; producing their outputs; and, the process
by which organisations are directed, controlled and held to account. It encompasses
authority, accountability, stewardship, leadership, values and culture within the organisation.
Excellence in governance occurs when it is underpinned by accountability, integrity,
openness and commitment to sustainability. It involves a focus on clarity of roles and
responsibilities, robust systems which support both internal and external accountability and
public access to decision making and information.
From a Local Government perspective, the establishment of a governance framework
reinforces the statutory authority and responsibilities of Council as a corporate body and
assists Elected Members and professional officers in the delivery of quality services. Central
to the achievement of these outcomes is the engagement of key stakeholders and intended
beneficiaries in the development and implementation of initiatives for the betterment of local
communities.
Effective outcomes are best achieved where the role and focus of Elected Members as a
collective corporate body, is directed to policy formulation and strategic development. The
role of the officers is to implement the policies and strategies of the corporate body through
an accountable, effective and efficient application of resources and assets.
Governance is based on the understanding that the Council and its Chief Executive Officer
and staff have different roles and responsibilities which, when combined, create the
environment for effective management and operation of the Council. It recognises that good
governance does not only apply to internal procedures but ultimately reflects in the
satisfaction of the residents and other stakeholders of the Shire both now and into the future.
Part Three: Governance Statement and Framework
3.1 Council Governance Statement.
Council considers that integrity, role delineation, accountability, a systems approach and
strategic management are applicable to local government. To ensure effective, transparent
and sustainable administration of the Council’s affairs, a governance framework has been
designed. The governance statement, key principles, values and framework aim to create a
strategic and accountable approach to management of the
Council as “pillars” of good governance. Collectively, appropriate policies, strategies and
procedures constitute the Council’s governance “foundations”.
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Accountability is unachievable without effective stewardship of the Shire’s financial, physical,
intellectual and natural heritage assets. Stewardship refers to the planning and management
required ensuring optimum use of assets to serve existing community needs and provide a
lasting legacy for future generations. It requires innovation, reflected in strategies designed
to encourage sustainable growth and prosperity, which are compatible with the unique
character and focus of the Shire.
3.4 Good Governance Principles
3.2 Council Governance Framework
The governance framework serves to bring together in a coordinated manner,
legislative issues and requirements affecting the Council, the governance statement
and its underlying strategies, policies and procedures. It depicts the values,
legislation of strategic directions as the pillars which support the activities of
Councillors, staff and stakeholders. The foundation stones of the framework are the
good principles and practices that are required for building good governance
throughout the organisation.
The fundamental objective of a corporate governance framework is to promote
stability, confidence and consistency of process by providing role clarity and certainty
of direction for the Elected Members and administrative office holders of the Council.
The basis for this governance framework can be found in strategic documents and
associated operational mechanisms which have been developed and implemented
pursuant to roles and functions prescribed by the Local Government Act 1995 (The
Act) and arising from the vision, values and goals enunciated in the Strategic
Community Plan.
3.3 Good Governance Practice
The increasing level of scrutiny now being directed to the operations and activities of
public bodies has created a need for full and open disclosure of the governance
systems which exist within these organisations.
Accountability is an essential element of good governance and applies to Elected
Members and Chief Executive Officer alike. From a political perspective,
accountability requires that the Shire President and Councillors of the Council are
accessible to residents and ratepayers so they may be responsive to community
issues and needs.
As the governing body of the Shire, the Council has the ultimate responsibility for
ensuring compliance with legislation and regulations. It is the Chief Executive
Officer’s responsibility to ensure that Council is provided with unbiased and relevant,
professional advice and information on which decisions are made. The Chief
Executive Officer is also responsible for the management of officers, financial
resources and the maintenance of effective and efficient systems, procedures and
processes which are necessary to meet the accountability requirements of the
Council.
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The following practices, as they relate to the five principles of
operation apply to the achievement of good governance at the
Council. A summary of the key practices that will govern actions for each principle is
provided below then further detail on each aspect is provided in the following sections.
Principle 1 - Vision and Organisational Culture
There is a clear vision and Strategic Community Plan that is produced through a comprehensive and inclusive process which is owned by all sectors of the local government.
There is a positive culture that promotes openness and honesty, in which questioning is encouraged and accountability is clear.
Principle 2 - Roles, responsibilities and relationships
There is clarity about the roles of local government and there exists a sophisticated approach to defining and implementing these.
There are effective working relationships that are promoted and supported within and between the Shire President, Councillors, CEO and administration.
Principle 3 - Decision-making and management
There are effective decision-making processes in place that reflect the transparency and accountability which underpin excellence in governance.
There should be robust and transparent financial management established and maintained to meet local government’s accountability to its stakeholders, particularly in terms of stewardship of community assets, both now and into the future.
An effective approach to the identification, assessment, monitoring and management of risks should be established and maintained.
Effective delegations should be implemented and maintained
There should be an active performance management system in place that enables Elected Members and officers to be openly accountable for their performance.
Principle 4 - Accountability
Consultation should be undertaken that is appropriate to the scope and potential impact of the matter. It should respect the position and opinion of all stakeholders. The outcomes of the consultation should be taken into account when the decision is made and feedback should be provided to those who participated.
The Council must account for its activities and have systems that support this accountability
The Council should establish internal structures that provide for independent review of processes and decision-making to assist the Council to meet its accountability to stakeholders.
Principle 5 Commitment to Sustainability
The Council will endeavour to keep up-to-date with all processes, methodologies and technologies which are capable of achieving improved outcomes for the Shire.
Awareness of practices that will lead to improved resource management, environmental protection and rehabilitation, stronger communities and added economic value will be raised within the Council and staff and across the community.
Potential environmental, social and economic impact of any project or decision will be considered.
Part 4 Detailed Guidelines for Governance Practice
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4.1 Vision and Organisational Culture
Vision
There is a clear vision and Strategic Community Plan that is produced through a
comprehensive and inclusive process which is owned by all sectors of the Local
Government.
The Council vision as stated in Part 1 is the driver that governs the culture of the
organisation. The vision has been generated as a united focus for the Shire.
Governance decisions and practice must at all times contribute towards achievement of the
vision.
Organisational Culture
There is a positive culture that promotes openness and honesty, in which questioning is
encouraged and accountability is clear.
The principles introduced in Part 1 will be demonstrated as an integral part of the
organisational culture. If all individuals involved in Shire governance apply the values, the
culture of the organisation will be one that has the greatest opportunity of achieving
excellence in governance.
In addition, the Elected Members and staff will strive to achieve the following eight elements
within its organisational culture:
Effectiveness in management structures and practices
Good communication including feedback
Learning
Ethical behaviour and codes of conduct
No conflict of interest
Support for frankness and openness
Confidentiality
Innovation
Effectiveness in management structures and practices
A good management structure will be maintained based on the organisation’s vision, with clear roles and responsibilities.
Responsibility and accountability will be delegated appropriately down the organisation.
Management will support clarity in responsibility and accountability and focus on outcomes.
There will be effective and efficient processes and systems in place.
Good communication including feedback
Good relationships will be developed between the various parts of the Shire.
Learning
Decision making processes will incorporate appropriate consultation, knowledge management and involvement.
There will be learning programs for Elected Members and officers designed to meet their skills and knowledge requirements.
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Ethical behaviour and code of conduct
The Code of Conduct and ethics will be owned and lived, particularly by leaders throughout the organisation.
The Council, Shire President, CEO and senior management will be models of appropriate behaviour.
No conflict of interest
An effective induction program will reinforce the organisation’s culture so that all people associated with the organisation recognise where conflict of interest may arise and how relevant action can be taken.
There will be agreement about different, but complementary roles of Councillors and officers.
Support for frankness and openness
Opportunities will be provided for open and frank exchange between Elected Members, management and staff.
Effective feedback mechanisms from the community will be established and maintained.
Confidentiality
Where issues of confidentiality arise, the Shire will be transparent about instances where confidentiality will be protected.
Innovation
The Shire will recognise that it operates in a changing environment and so must be aware of opportunities in those changes to improve the way the Shire operates.
The Shire staff will be encouraged to take reasonable efforts to keep abreast of current best practice and up to date technologies.
4.2. Roles, Responsibilities and Relationships
There is clarity about the roles of local government and there exists a sophisticated
approach to defining and implementing these.
4.2.1 Working Relationships
There are effective working relationships that are promoted and supported within and
between the Shire President, Councillors, CEO and administration.
Effective working relationships are promoted and/or supported by and between the Shire
President, Councillors, Chief Executive Officer and administration. It is a requirement that
initial officer contact by Elected Members is made through the Chief Executive Officer in
accordance with Council policy. Should an elected member wish to contact any other officer
directly, a request shall first be made to the Chief Executive Officer, who will assess the
request and advise the elected member of their decision.
Good corporate governance requires clear identification and definitions of responsibility and
a clear understanding of relationships between the organisation’s stakeholders and those
responsible for managing its resources. Very important relationships are those between:
The Shire President and the Councillors;
Elected Members and Elected Members;
The Shire President and the Chief Executive Officer;
Elected Members and the Chief Executive Officer; and
Elected Members and the administration.
Effective relationships are achieved and maintained at the Shire through:
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Parties agreeing on and respecting the differences in their roles.
Protocols being established based on the agreements about roles and responsibilities being followed.
Information and discussion about the various roles being included in Councillors’ induction processes.
Goodwill on the part of all parties to make governance work.
The administration accepting that local government is a level of government and that political activities of Council are legitimate. Councillors are accountable to their constituents as well as to the “corporate whole” and they have to be able to address these accountability requirements in a constructive manner.
There being a preparedness to tackle problems when they arise.
4.2.2 Council - Roles and Responsibilities
Under the Act the Council is a body corporate with perpetual succession, a common seal,
and is charged with responsibilities. The Shire has interpreted these responsibilities as they
are contained in the Act in conjunction with the Shire’s governance framework and this
governance framework and statement document provides the following guidance on the
range and scope of these following roles:
(a) Directs and controls the Shire affairs.
This role encompasses strategic planning mechanisms to ensure the continued viability and
performance of the organisation, the setting of strategic goals for the organisation and the
monitoring of the Shire’s performance against these strategic goals.
(b) Is responsible for the performance of the Shire functions.
This role provides that the Council bears the ultimate responsibility for the performance of
the Shire’s functions. It can exercise this responsibility through the development of
appropriate governance frameworks including delegations of authority and the determination
of an appropriate organisational structure.
(c) Oversees the allocation of the Shire finances and resources.
The Council exercises this role by adopting the Shire’s budget and long term financial plans.
It is advised by officers of the Shire who are responsible for the development of appropriate
financial controls and strategic documents.
(d) Determines the Shire policies.
The role of Council in setting policy is most effective when it is linked with a professional
organisation that implements these policies through the development of appropriate
management practices and work processes. Council policy should set the standards for the
administration to achieve and make strategic policy decisions that guide officers in their
decision making processes. Under the Act, a local government is a body corporate with
perpetual succession and a common seal.
4.2.3 Role of Elected Representation
The Council consists of nine members including the Shire President.
Councillors are elected from each of the Shire’s six wards. The Shire President is elected by
the Councillors.
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Local Government elections are conducted biennially on a fixed date
prescribed by the Act, with candidates elected to the office of
Councillor or Shire President as applicable, attaining terms of four (4) years.
Statutory Role of Councillors
Section 2.10 of the Act describes that the role of a Councillor is to:
represent the interests of electors, ratepayers and residents of the Shire;
provide leadership and guidance to the Shire community;
facilitate communication between the community and the Council;
participate in the Shire decision making processes at Council and Committee meetings; and
perform such other functions as are given to a Councillor by this Act or any other written law.
Each individual Councillor has a legislative requirement to fulfil this role. This governance
framework provides guidance to Councillors on how they perform this role at the Shire.
Individually Councillors have a responsibility to act as a conduit between the community and
the Shire. Not only must they represent the interest of the broader community on the
Council, but also as community leaders they must represent the interests of the Shire within
the broader community.
Whilst Councillors may be elected from an individual ward, their primary obligation is to
represent the interests of the broader community within the Shire. It is not appropriate for
individual Councillor’s constituent concerns to interfere with their decision making processes
in providing good governance of the Shire as a whole.
Elected Members sitting as Councillors are responsible and ultimately accountable for long
term financial planning, the annual budget and monitoring financial performance. In doing so,
each individual elected member thus accepts a joint and individual responsibility for the
financial outcomes.
Accountability and transparency is also facilitated through the standards and behaviour
maintained by members – most notably, through their adherence to legislation governing
declarations of financial and other interest where these arise, together with associated
implications for participation in any debate.
Elected Members rely on:
Financial advice and information from administration;
Input from internal and external auditors and the Audit and Risk Committee;
Elected Members must also seek whatever additional information they need to make
informed decisions.
Responsibilities of Council
The responsibilities of Council can be categorised into the following three key areas:
Legislative
The Council is responsible for adopting a set of local laws that reflect current community standards and provide for the good governance of the Shire. Council when making local laws must be aware of their legislative effect.
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Executive
The Council is responsible for overseeing the executive functions of the Shire and determines appropriate policies, strategies and functions for the administration to implement.
Quasi - judicial
The Council is responsible for applying factual situations to the legislative regime in a quasi-judicial manner under the Local Government Act, Town Planning and Development Act and other relevant legislation. This is explained in more detail at Part 4 “Councils Governance Tools” – Planning and Development Functions of the Council.
Accountability, stewardship, sustainability and innovation focus.
Accountability, stewardship, sustainability and innovation objectives are most effectively
pursued where the focus of Elected Members of Council centres upon:
Strategic planning, policy development and defining scope for delegation of powers and functions;
Allocating the Shire’s resources;
Monitoring performance of the Shire against adopted strategies and objectives;
Representing the interests of the community;
Appointing the Chief Executive Officer and participating in the performance review process of that officer.
Accordingly, the Council is required to be accountable and transparent by undertaking
deliberations and making resolutions within a framework which is factually based, non-
prejudicial and relevant to issues at hand.
4.2.4 Limitation of Member Liability
The Shire has the legal capacity of a natural person. As such, the Shire may instigate legal
proceedings in its corporate name and have proceedings taken against it. Section 9.56 of
the Act, summarised in Attachment 2 specifies the limitation that Councillors must be aware
of when taking office.
It is largely due to such legislative-based requirements, that local governments have
embraced strategies designed to mitigate the liability of members and officers, with liability
insurance protection and risk management now serving as a significant element of corporate
governance frameworks.
It is for these reasons that many organisations have developed and implemented processes
for identifying, analysing and mitigating risks which could prevent the achievement of
business objectives. These organisations have put control activities in place to manage risk
throughout the organisation by developing risk management plans that cover activities as
diverse as reviews of operating performance, information technology and management
information systems.
4.2.5 The Shire President Role
The role of the Shire President as provided under Section 2.8 of the Act is to:
a) preside at meetings in accordance with the Act; b) provide leadership and guidance to the community; c) carry out civic and ceremonial duties on behalf of the Shire; d) speak on behalf of the Shire;
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e) perform such other functions as are given to the Shire President by the Act or any other written law;
f) liaise with the Chief Executive Officer on the Shire affairs and the performance of its functions; and
g) otherwise fulfil the role of Councillor.
4.2.6 The Deputy Shire President Role
Section 2.9 of the Act enables the Deputy Shire President to perform the functions of the
Shire President, if:
a) the office of Shire President is vacant; or b) if the Shire President is not available, or is unable or unwilling to perform the
functions of Shire President.
4.2.7 Chief Executive Officer Role
The Chief Executive Officer’s functions as described under Section 5.41 of the Act are to:
a) advise the Council in relation to the functions of the Shire under the Act and other written laws;
b) ensure that advice and information is available to the Council so that informed decisions can be made;
c) cause Council decisions to be implemented; d) manage the day to day operations of the Shire; e) liaise with the Shire President on the Shire affairs and the performance of the Shire’s
functions; f) speak on behalf of the Shire if the Shire President agrees; g) be responsible for the employment, management, supervision, direction and
dismissal of other employees (subject to Section 5.37 (2) in relation to senior employees);
h) ensure that records and documents of the Shire are properly kept for the purposes of the Act, or any other written law; and
i) perform any other function specified or delegated by the Shire or imposed under the Act or any other written law as a function to be performed by the Chief Executive Officer.
Section 5.42 of the Act enables the Shire to delegate in writing to the Chief Executive
Officer, the capacity to exercise any of its powers or duties, with the exception of those
relating to:
a) actions in which a decision of an absolute majority or a 75% majority of the Council is required;
b) acceptance of a tender which exceeds an amount as determined by the Council; c) appointment of an auditor; d) acquisition or disposal of any property valued at an amount exceeding an amount
determined by the Council for the purposes of this paragraph; e) any of the Council’s powers under Sections 5.98A, 5.99A or 5.100 (determining fees,
allowances and expenses of members and Committee members); f) borrowing money on behalf of the Shire; g) hearing or determining an objection of a kind referred to in Section 9.5; h) carrying out any power or duty that requires the approval of the Minister or the
Governor; or i) such other powers or duties as may be prescribed.
This clear separation of elected member and Chief Executive Officer roles and
responsibilities as identified within the Act reinforces good governance principles. It also
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ensures that the Shire adheres to all statutory requirements whilst
meeting the expectations of its community.
4.2.8 Executive Management Role
In undertaking its functions and responsibilities, Council is supported by the Chief Executive
Officer and an Executive Management Group comprising the heads of the five Divisions,
namely:
Corporate Services
Development & Regulatory Services
Infrastructure Services
Strategic and Community Development
The Executive Management Group meets regularly as a basis for ensuring effective
coordination of the Shire’s operations and implementation of Council resolutions.
These meetings are complemented by operational meetings. Such forums are considered
important, both in enabling management information dissemination and also feedback by
officers. This promotes a whole of organisation approach for the Shire in the fulfilment of its
functions and responsibilities.
4.3. Decision Making and Management
4.3.1 Decision-Making
There are effective decision-making processes in place that reflect the transparency and
accountability which underpin excellence in governance.
The five stages in decision making which will be followed at the Shire are:
4.3.1.1 Agenda Setting –
This will be achieved through:
an effective and efficient strategic planning process which produces owned strategic goals; and
processes being in place which ensures Council plans are properly implemented.
4.3.1.2 Information Gathering –
This will be achieved through:
ensuring the information gathered is sufficient to allow a decision to be made;
ensuring an effective process within the administration to convert information into advice;
providing good quality and timely Council reports which provide the necessary information, options and clear recommendations. The reports will always incorporate the corporate view of the issue in question, the financial impacts and any risks;
having workable and productive consultation processes in place that ensure that decision-makers are aware of the views of those whom the decision affects;
a sound process for identifying and distilling data into appropriate information;
agendas being structured so as to facilitate good decision-making processes.
4.3.1.3 Opinion Formation –
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This will be achieved through ensuring that Elected Members
understand the issues and have enough information provided to make
a decision.
4.3.1.4 Decision-making –
This will be achieved through:
Council and Committee meetings being well chaired and conducted in accordance with Council Standing Orders;
facilitating participation and involvement while ensuring debate is relevant and succinct;
robust debate which ensures that all issues are aired. Although it is robust, the debate is conducted with courtesy and respect;
the Chair attempting to find common ground amongst Elected Members; opportunities being available for the community to participate appropriately;
Delegations where appropriate.
4.3.1.5 Implementation –
This will be achieved through:
decisions being implemented in a timely manner;
solidarity among the Councillors once a decision has been made;
confidentiality being maintained wherever necessary.
4.3.2 Financial Management
There should be robust and transparent financial management established and maintained
to meet local government’s accountability to its stakeholders, particularly in terms of
stewardship of community assets, both now and into the future.
The Council will achieve this by:
Approving management’s Service Delivery Plans that reflect the services and projects identified for the relevant financial year as shown in the Corporate Plan.
Approve each year’s Annual Budget in accordance with the adopted Service Delivery Plans and the Long Term Financial Modelling.
Council through policy will determine the appropriate mix between borrowing for capital works and funding them from revenue. Council will consider the implications of its decisions on the level of capital works and infrastructure maintenance.
4.3.2.1 Funding Strategic Objectives
Section 5.56 of the Act requires that a local government prepare a plan for the future.
The Council must know the direction it is it is going long-term. Its vision and goals must be
properly reflected in the Strategic Community Plan. Council will take its final decisions about
the content of the Strategic Community Plan based on an understanding of the long-term
financial consequences of their decisions. To enable this to successfully occur, the following
steps will be implemented by Council:
Longer-term financial planning
Elected Members, sitting as Council, will determine the long term financial plan, and be
accountable for the process of developing it.
The delivery of the services identified in the Long Term Financial Plan will be in accordance
with the Shire’s strategic direction.
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The financial strategy should be consistent with the Council’s strategic
plan. That is, it must be able to fund its projects, functions and service improvements.
As part of responsible business planning, the Shire’s Long Term Financial Plan will detail the
significant programs and activities to be undertaken by the Shire over the next five years and
roll on each year with amendments and additions.
The Plan will provide a broad overview of where the financial resources of the Shire are
planned to be directed over this period and the manner in which these activities will be
funded.
The implementation of a Long-Term Financial Model that can be used to align capital and
operating expenditure requirements with income streams complies with Council’s rating
strategy and policy.
The rating system
The rating system at the Shire will reflect the Council’s strategy and vision for the future of
the Shire. The rating levels and mix will represent a fair distribution of the rate burden across
the community and Council’s policies on appropriate taxation contributions from different
sectors of the Shire.
Council’s approach to rating will incorporate the concept of intergenerational equity; that is;
the way the rating burden is spread between current and future generations of ratepayers of
the Shire.
Council will be informed whether the rates outcome, which was envisaged in the Long Term
Financial Plan, is still appropriate and consistent with all objectives of the Community
Strategic plan.
Mindful of the role outlined under Section 2.10 of the Act, Councillors must assess if the
budget delivers what the Council wishes to achieve.
4.3.3 Annual Budget
Developed as part of sound business management, the annual budget provides a framework
for allocation of financial, physical and administrative resources required in pursuing the
Shire’s objectives for the proceeding twelve month period. The annual budget will be
developed within the following framework:
4.3.3.1 Process
The Executive Group will annually develop a budget preparation timetable and process
which meets Councils statutory requirements and gives enough time to resolve major issues.
The Director Corporate Services will ensure that Council is given adequate time to have the
opportunity to work through key issues.
4.3.3.2 Consistency with Financial Plan
Council’s Long Term Financial Plan will provide broad guidance for the budget. The Long
Term Financial Plan will be reviewed at least annually to incorporate the long term impact of
any significant current decisions which are not consistent with the plan.
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4.3.3.3 Information
Information will be presented to Council by officers through reports
that enable Council to make informed decisions.
4.3.3.4 Community input
Opportunities will be provided to enable the Community to have input into the plan for the
future through an advertising process.
4.3.4 Financial Reporting – Performance against Budget
4.3.4.1 Statutory Compliance
The Shire recognises that when decisions are made by Council, when resolutions are acted
upon and when performance outcomes are reported, it is important that the requirements of
any legislation and/or regulations are complied with, especially because of the reporting
requirements of the Statutory Compliance Return.
Compliance will be pursued through ensuring the integrity of the key financial planning and
reporting mechanisms which underpin the Shire’s operations – especially the Annual Budget
and Annual Report, and supplemented by internally based performance measurement
instruments such as Reports from each division.
Compliance with key financial and statutory requirements is assessed through the audit
schedule conducted in accordance with the Act by professionally qualified internal and
external parties as appointed by the Shire. Financial reporting to Council will as a minimum
be in accordance with its statutory requirements.
4.3.4.2. Content
The focus of financial reports to Council is to provide accurate information about the Shire’s
overall financial position.
Councillors, when considering the financial reports, will satisfy themselves that the
information they are given reflects the actual situation of the Shire. Councillors will ensure
that they understand sufficiently about the financial indicators for them to ask appropriate
questions and interpret the responses.
4.3.5 Annual Report
The Annual Report has its basis in the Act, but also serves as the vehicle by which the Shire
can evaluate, monitor, control, improve and report on the outcome of its activities over a
particular financial year.
The Annual Budget should reflect the priorities expressed in the Strategic Community Plan
and the Annual Report should indicate the extent to which those priorities have been
achieved.
4.3.7 Services and funds
Council will:
monitor on a regular basis (every 2 years) community satisfaction with the levels of service it provides
have appropriate user charges for its services and facilities.
be mindful of the proportion of rate revenue required to meet operational and capital costs for the Shire.
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comply with government policy
where appropriate, seek to obtain other avenues of financial assistance such as grants, being mindful of the implications of accepting any grant including financial and management obligations
Ensure costs can be recognised and recovered appropriately.
4.3.8 Capital works and debt servicing
Key assets will be maintained.
Any borrowing must be sustainable and not impose an unacceptable level of debt servicing.
Council will be informed on the proportion of rate revenue required to service debt and decide whether it is appropriate for the Shire.
4.3.9 Accountability and policy
Council will meet its legislative and financial reporting requirements.
Council will meet its accountability requirements to the community in terms of stewardship of assets.
Council will strive to achieve best practice in financial policies and practices.
Council will leave an appropriate legacy for future Councils.
4.3.10 Audit
An Audit Committee will be appointed by Council. Council has professional external auditors
appointed by itself or post 2017/18 financial year, the Auditor General of WA .
4.3.11 Risk Management - An effective approach to the identification, assessment,
monitoring and management of risks should be established and maintained.
The Shire’s performance in implementing effective risk management strategies and
adherence to sound business practice is reinforced through access to independent legal
advice, the completion of the annual statutory compliance audit, and the annual financial
audit undertaken by professional external auditors as required by the Act.
The Shire maintains a wide range of assets including:
• Infrastructure assets; • Real property; • Financial assets; • Information assets and intellectual property and • Natural and heritage assets. The Shire takes an active approach to risk management in the conduct of its business
through the implementation of a number of specific and organisation wide initiatives.
This risk management strategy involves the Shire identifying, collating and treating all the
identified risk (internal and external) to ensure a coordinated approach that effectively
minimises business, financial and physical liability to the Shire’s operations.
The Council will ensure the risk management program is of the standard required to meet its
fiduciary obligations to:
safeguard assets
ensure there are sufficient monies to meet its financial obligations when due
prevent and detect fraud
ensure accuracy and completeness of accounting records.
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Controls and risk minimisation processes have been implemented in
the form of:
An Audit & Risk Committee
Formal processes whereby strategic and operational business risks and activities are considered by the Council.
Review processes and reporting requirements that monitor compliance of service providers with their contracts.
Formal procedures for the safeguarding of assets. The procedures include accounting, financial reporting and internal control policies.
Regular reporting to the Council on financial and non - financial areas of Council operations.
Process mapping of procedures
Internal control and risk management procedures are set out in the following documents:
Procedures and Controls
CORP2 Misconduct Prevention Management Directive
CORP5 Risk Management Policy
Risk Management Statements
Liability Insurance
Asset Insurance
Financial Controls
Delegations Register
Auditor reviews in place for quality Assurance
4.3.12 Delegations
Effective delegations should be implemented and maintained. Delegations of authority are
required in order to provide officers of the Shire with the power to exercise duties and make
determinations. It is essential that the Council’s delegations are performed in accordance
with the adopted governance framework and are compliant with relevant legislation. The
Shire is required to keep records on the exercise of its delegations.
Council may delegate authority to the Chief Executive Officer and other nominated officers
under the provisions of the Local Government Act 1995, Health Act 1911, Strata Titles Act
1985, Caravan Parks and Camping Grounds Regulations 1987 and the Shire’s Town
Planning Scheme to perform some of its functions and duties.
The Act and associated regulations allow the Chief Executive Officer to delegate to any
other officer the authority to perform functions and duties that are exercisable by the Chief
Executive Officer under the Act or that have been delegated to the Chief Executive Officer
by the Council.
This is in accord with a governance framework whereby officers are responsible to the Chief
Executive Officer and the Chief Executive Officer is responsible to Council. Similarly the
Chief Executive Officer is responsible for the implementation of Council decisions and may
delegate some of this responsibility to other officers of the Shire.
All delegations are to be recorded in a register established for the purpose (as required by
the Act) and reviewed annually. The Chief Executive Officer will advise Council of any
decisions that have been made under delegated authority.
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Under the provisions of Town Planning Scheme Council may delegate
authority to certain officers other than the Chief Executive Officer. If
such a delegation is exercised Council shall be advised.
4.4. Accountability
Local government must account for its activities and have systems that support this
accountability.
Excellence in governance is based on the premise that those who are involved in
governance are held accountable for what they do. Accountability at the Shire means the
Elected Members and management taking responsibility for their performance.
Elected Members and management at the Shire accept they are accountable under
legislation in terms of how the Council operates and reports. This also extends to other
measures such as:
Risk management systems implemented and maintained to ensure that community assets are protected.
Internal Audit and Risk Committee focused toward providing assurances to all stakeholders that processes and procedures are being adhered to and that financial reports are accurate.
A consultation policy to support good decision making by ensuring Elected Members are aware of the views of those who will be affected by any decision.
4.4.1 Performance Management
There should be an active performance management system in place that enables Elected
Members and officers to be openly accountable for their performance.
The Shire will put in place a range of mechanisms to ensure that performance is measured,
reviewed and improved and thereby enable remedial action to be taken, where necessary.
The Shire is committed to the development of appropriate performance measures in financial
policies and strategic plans to ensure long term viability.
Ongoing financial performance will be monitored through internally and externally based
systems and processes, with associated reporting at the Executive Management Group and
Council.
Effective coordination between the strategic and operational elements will be maintained
through a regular report to Council which is based on the Strategic Plan, Long Term
Financial Plan and agreed service levels.
4.4.2 Chief Executive Officer Performance Management
The Chief Executive Officer is appointed by the Council and is directly accountable to it. The
Council is accountable for setting the Chief Executive Officer’s performance plan and
subsequent monitoring of his or her performance. This responsibility belongs to Council
sitting as the Council and is not the responsibility of individual Elected Members.
Council has established a Chief Executive Officer’s Performance Review Panel which is
responsible for;
Undertaking a performance appraisal of the Chief Executive Officer in accordance with the provisions of Section 5.38 of the Local Government Act 1995 and in
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accordance with the terms and conditions of the employment contract of the Chief Executive Officer.
Managing and conducting the performance appraisal of the Chief Executive Officer in order to meet both Council’s statutory obligations in accordance with the requirements of Section 5.38 of the Local Government Act 1995 and any terms and conditions of the employment contract of the Chief Executive Officer.
Determining and setting in place an appropriate review process;
Consulting prior to determining and setting in place an appropriate review process, with each of the Elected Members at the time and taking account of their respective views;
Using the resources and professional advice of a mutually agreed and independent consultant to determine the process and plan and conduct the review;
Negotiating and setting goals, objectives, key performance indicators and changes to the remuneration package within the terms of the Chief Executive Officers contract. Any goals, objectives, key performance indicators or remuneration package changes so negotiated and set must be acknowledged in writing by both the Shire President and the Chief Executive Officer; and outlined
Briefing all Elected Members on the outcomes of the review.
4.4.3 Independent Review
Local governments should establish internal structures that provide for independent review
of processes and decision-making to assist the Council to meet its accountability to
stakeholders.
Independent Review will be sought as appropriate through the following ways:
Audit & Risk Committee
Internal auditors
External auditors
3rd party certifications
4.4.4 Customer Consultation
Consultation should be undertaken that is appropriate to the scope and potential impact of
the matter. It should respect the position and opinion of all stakeholders. The outcomes of
the consultation should be taken into account when the decision is made and feedback
should be provided to those who participated.
The Shire will maintain and regularly review a Customer Service Charter which details the
levels of service a customer can expect from the Shire, concentrating on the areas of service
that our residents have indicated are the most important.
The Shire is prepared to explore new and innovative methods of service delivery in order to
provide improved access to information and enhance customer interaction.
The Shire is committed to fostering high levels of public awareness of its activities, by
providing its residents and ratepayers with access to a wide range of information. Any policy
or planning developments will be fully inclusive of the affected Ward’s representatives.
In addition to meeting the state wide and local public notice requirements prescribed by the
Act in respect to particular proposals and activities, the Shire will also ensure that
information is available by electronic means. The Shire will utilise the local press for notifying
residents about important issues Information will also be posted on its official notice board
located at the Administration Centre. The Shire Newsletter will continue in its role as a
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mechanism for disseminating information and encouraging feedback
on key strategies, projects and significant Shire events.
Increasingly, the Shire’s website at: www.ashburton.wa.gov.au will serve as the focal point
for providing up to date information and service delivery information to ratepayers and
residents.
Public consultation involving residents and ratepayers is facilitated by the Shire through a
range of mechanisms which includes; information provision, consultation, public comment,
Special Meetings and Annual General Meetings.
4.5. Commitment to Sustainability
4.5.1 Sustainability Principles
The Shire will meet its commitment by ensuring that planning, reporting and decision making
are conducted using contemporary sustainability principles.
4.5.2 Sustainability Outcomes
The Shire will endeavour to keep up-to-date with processes, methodologies and
technologies which are capable of achieving improved outcomes.
The Shire will:
Identify, assess and manage risks to employees, contractors, the environment and communities
Strive to achieve industry best practice
Meet and where appropriate, exceed the minimum performance standards required by legislation.
Set and achieve targets that include reducing and preventing pollution
Develop our people and provide the resources to meet our targets
Support the fundamental human rights of employees, contractors and the communities in which we operate
Care for the environment and value cultural heritage.
Communicate with, and engage employees, contractors, business partners, suppliers, customers, visitors and communities to build relationships based on honesty, openness, mutual trust and involvement
4.5.3 Sustainability Practices
Awareness of practices that will lead to improved resource management, environmental
protection and rehabilitation, stronger communities and added economic value will be raised
within the Council and staff and across the community.
Organisational Teams will support sustainability by
Integrating service delivery across departments.
Minimising the consumption of energy, water and other resources, by reducing waste and maximising recycling.
Reducing vehicle use, maximising fuel efficiency, promoting alternative fuels and modes of travel to offset greenhouse gas emissions.
Incorporating sustainability considerations into the design, procurement, leasing, construction, maintenance and management of Council assets and to the management or development of Council owned land.
Continually improving their knowledge about sustainability through education and training.
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Implementing occupational health and safety measures in the workplace to improve environmental, economic and social outcomes.
4.5.4 Sustainability Monitoring
Potential environmental, social and economic impacts of any project or decision will be
considered.
Sustainability is not an outcome in itself, but is a process towards improved outcomes in
social, economic and environmental terms.
Reviewing progress in that process is important for the Shire to assess its level of success
and learn from its own processes.
4.6 Support for Elected Members in the Governance Process
Elected Members are encouraged to attend training offered by the Local Government
Department or the WA Local Government Association to better enable them to carry out their
Civic Duties.
Training needs, advice or resource needs can be facilitated by the CEO or relevant
delegated officers.
The Department of Local Government and Communities offers advisory and support
services for Elected Members. Guidelines are available through their Website
www.dlg.wa.gov.au, or by contacting the Department on 08 92171500, or Free call
1800 620 511
Corporate Governance Standards AS 8001 – 8004 can be purchased by Staff (subject to
Budget) from Standards Australia – www.standards.com.au
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ELM15 Elected Member Business Wear
Aim The policy provides a guide for the type of business wear available to all serving Councillors.
Application Elected Members
Statutory Environment
N/A
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 20 November 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2022
Review Period 4 years
A non-compulsory wardrobe of uniform style clothes is to be supplied upon request to
Councillors up to the following maximum annual allowance –
1. All Councillors 1 x formal jacket • Shire crest embroidered on front left pocket • A gold badge with the Shire of Ashburton crest and Councillors name
2. Female Councillors
2 x Blouses • Word ‘Councillor’ embroidered above the Shire logo 2 x Complementing scarves 2 x Polo shirts (including NAIDOC if commissioned)
3. Male Councillors
2 x Shirts • Word ‘Councillor’ embroidered above the Shire logo
2 x Ties 1 x Tie Pin with Crest 2 x Polo shirts (including NAIDOC if commissioned)
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ELM16 Elected Members Record Keeping Policy
Aim
Local governments must ensure that appropriate practices are established to facilitate the ease of capture and management of elected members records up to and including the decision making process of Council
Application Elected Members
Statutory Environment
Local Government Act Section 2.7 – The Role of Council, State Records Act (2000), Freedom of Information Act (1992)
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 9 December 2015
Monitor and Review Corporate Services
Last Review 2015
Next Review 2020
Review Period 5 years
OBJECTIVES
Provide guidance to elected members in regards to their record keeping responsibilities in
line with legislative requirements.
Provide record keeping principles that identify and protect local government records of
continuing value.
Provide guidance on the disposal of local government records, particularly those that have
no continuing value.
Define strategies that will support and document accountability and responsibility throughout
local government.
STATEMENT
Elected members records are important and necessary as they serve a history of the
transaction and business process of local government and member accountability functions
arising from their participation in the decision making processes of Council and Committees.
Some local government records created and received by elected members have continuing
value to Council and should be incorporated into the Shire’s record keeping system. Some
records have no continuing value to Council and may be destroyed when reference to them
ceases. (GDALG – General Disposal Authority for Local Government Records, ref 1.1)
DEFINITIONS
Record as defined in the (General Disposal Authority for Local Government Records
RD2010046 GDALG ref: 1.9) information recorded in any form created or received and
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maintained by an organisation in the transaction of business and kept
as evidence of such activity and includes:
“anything in which there is writing or Braille”;
a map, plan, diagram or graph;
a drawing, pictorial or graphic work, or photograph;
anything on which there are figure marks, perforations, or symbols, having a meaning
for persons qualified to interpret them;
anything from which images, sounds or writings can be reproduced with or without
the aid of anything else; and
anything on which information has been stored or recorded, either mechanically,
magnetically, or electronically.
RECORDS CAPTURE AND CONTROL
Types of Records created and received by Elected Members
The following guidelines relate to the records created in any format (e.g. paper, word
processed documents, email) or received by any method (e.g. post, fax, email, hand
delivered). Elected members can forward records of continuing value to the Council for
incorporation into the record keeping system.
All records created and received in the course of the Shire’s business regardless of the
format are to be captured into the Shire’s record keeping system. Elected members can do
this by:
Forwarding emails to [email protected] , this email address is
monitored by the CEO’s Administration Staff who will capture the record for elected
members
EMACCESS documentation will be recorded by the CEO’s Administration Staff
The Website discussion board will be monitored by our Web Host Key to Creative.
Any additions to this website will be included in the weekly records reports.
Hard copy record can be given to the CEO’s Administration Staff at the conclusion of
the Council meetings.
Records access:
Elected Members – Access to the Shire’s records will be via the CEO Executive
Administration Staff in accordance with the Local Government Act (1995)
GUIDELINES
Government Records of Continuing Value
Government records of continuing value are records created or received which –
1. Contain information that is of administrative value to Council. These records may be
referred to for many administrative purposes, including the need:-
To check an interpretation of Council policy or the rationale behind it,
To check the facts on a particular case or provide information to
management,
To monitor progress and coordination of responses to issues,
To document formal communications and/or transactions (e.g. a minute,
report or submission) between elected members and another party, and
To document elected members’ decisions, directives, reasons and actions.
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2. Contain information that is of legal value to Council on the
basis that there are statutory requirements or court orders that
stipulate the retention of records, which must be observed.
3. Contain information of fiscal value to Council that includes original records
documentation the receipt, expenditure and control of public money that must be left
for a period of time, and will facilitate transparent accountability by the officers
responsible.
4. Contain information about the legal rights and obligations of Local Government
including elected members, ratepayers, organisations and the general community.
5. Contain information of historical value to Council and to the State.
Government Records External in nature to the Shire of Ashburton:
Elected members are involved in external meetings as part of their role as an Elected
Member of the Shire. (GDALG ref: 25.2, 25.3, 25.4, 73)
Information where the Agenda is not replicated in the Council Minutes and/or copies of
agendas of meetings and minutes should be recorded into the Shire of Ashburton’s
record keeping system.
Diaries, appointment books and desk calendars (e.g. bunch dates) are generally used to record appointments. They may also be used to record messages and notes, some of which may only be an aide memoire of a routine nature, and some of which may be significant to the conduct of Council business. (GDALD ref: 38) NB. It is strongly recommended that elected members maintain separate diaries or appointment books for personal and official use.
Correspondence addressed to elected members at their private address or post box that
is a government record and is of continuing value should be forwarded for incorporation
into Council’s record keeping system along with any response which the elected
member may have made.
Messages and other facilitating instructions may be sent or received via a range of
methods, such as telephone and voice-mail, post-it notes or sticky notes, facsimile,
pieces of paper, transmission reports. Email and facsimile are considered records.
Government Records Internal in nature to the Shire of Ashburton:
Correspondence addressed to elected members at the Shire office, including those
marked Private, Confidential, Personal are opened by designated officers, and if of
continuing value, incorporated into the record keeping system, before forwarding to the
elected member via the Records Department and CEO’s Administration Staff.
Drafts of addresses, speeches, reports, correspondence, file notes that are not circulated
to other elected members or staff of the Council, and of which the final version has been
produced and forwarded for incorporation into the Council’s record keeping system.
(GDALG ref:1.6)
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Drafts circulated to other elected members or staff of the Council,
where only editorial or typographical changes have occurred, and
of which a final version has been produced and forwarded for incorporation in the
Council’s record keeping system.
Duplicates of records issued to an elected member by the Council for information or reference purposes only and where the original or authorised copy is captured in the Shire’s record keeping system.
Duplicates of internal or external publications issued or received for information or reference purposes (e.g. annual reports, brochures, trade journals, price lists).
Routine facilitative instructions, such as edit corrections, distribution lists for information
purposes, simple administrative instructions and social invitations and messages.
Original messages that have been transferred or transcribed into appropriate formats for
incorporation into the Council’s record keeping system.
Working papers, background notes and reference material that are used to prepare or
complete other documents. (GDALG ref: 1.9)
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ELM17 Anonymous Communications Policy
Aim This policy outlines how the Shire of Ashburton will act upon information contained in anonymous letters and other anonymous communications.
Application All Staff
Statutory Environment
Local Government Act 1995 Section 3.58(3)(b)
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Work & Team Environment
Approval Date OMC 9 December 2015
Monitor and Review Office of the CEO
Last Review 2015
Next Review 2019
Review Period 4 years
AIM
To provide a consistent approach to dealing with anonymous letters and communications.
POLICY STATEMENT
Background and Existing Communication Pathways
Shire of Ashburton takes allegations of irregularities very seriously and welcomes comments
and suggestions about how our services could be improved. The Shire of Ashburton has
developed Policies and Procedures to provide individuals and groups with the opportunity
and channels to voice concerns in a safe manner. The Shire of Ashburton strongly
encourages that such policies and procedures are followed as appropriate to the
circumstances.
These existing policies are:
CORP2 – Misconduct Prevention Pack
EMP16 – Grievance Resolutions
EMP01 – Equity of Opportunity
These policies provide confidential pathways in recognition of the potentially sensitive nature
of the concerns being raised and allow for the withholding of identities within legal
constraints. These do ask that individuals or groups identify themselves and put their names
to allegations to senior or independent persons at the levels in the organisational structures
chain where they feel safe and secure in doing so.
Anonymous Communications
On occasions however, individuals and groups choose not to disclose their identity and
submit anonymous letters. The purpose of this policy is to explain how the Shire of
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Ashburton will act on information contained in anonymous letters and
other anonymous communications.
DEFINITION OF ANONYMOUS LETTER OR OTHER ANONYMOUS COMMUNICATION
A letter or communication giving no name, identity, address or identifying factors of the
sender.
INITIAL CONSIDERATIONS
Any member of staff receiving an anonymous letter or communication should without delay
refer the matter to their line manager or to an appropriate senior manager. The manager will
without delay refer the matter to the Chief Executive Officer.
SHIRE OF ASHBURTON DISCRETION
Section 3.58(3) (b) of the Act states:
It considers any submissions made to it before the date
specified in the notice and, if its decision is made by the council
or a committee, the decision and the reasons for it are recorded
in the minutes of the meeting at which the decision was made.
It is noted that the above provision makes reference to the consideration of any submissions.
It is considered that all submissions made to council, including anonymous submissions,
should be considered by council. However, the Shire of Ashburton reserves the right to edit
from the letter those parts it deems to be offensive, an attack on a person’s character or
inappropriate and have no direct relevance to the proposal.
The Shire of Ashburton reserves the right to exercise its discretion whether to investigate anonymous disclosures.
The Shire of Ashburton reserves the right to take each allegation on its own merits and invoke procedures as necessary.
The Shire of Ashburton reserves the right to take no action.
The exceptions to these approaches will be any anonymous letters which allege criminal
offence, fraud or irregularity, abuse of an elected or staff member or, are accompanied by, or
there exists supporting information which suggests the allegation can be substantiated.
WHEN DECIDING WHAT ACTION TO TAKE, THE FOLLOWING WILL BE CONSIDERED
Seriousness of the issues raised criminal and legal implications.
Credibility of the concern
Whether sufficient information is provided to corroborate the allegation(s) and enable an investigation to be carried out
Fraud and any other irregularities detrimental to the Shire of Ashburton
VEXATIOUS AND MALICIOUS ANONYMOUS LETTERS
Letters, or any form of communication considered to be vexatious and malicious will be
forwarded to the appropriate authorities and the Shire of Ashburton will provide full support
for those authorities to carry out their investigation. Should members of the Shire of
Ashburton be found to have written vexatious and malicious anonymous letters, disciplinary
action will be taken up to and including dismissal.
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ELM18 Community Projects Letters of Support
Aim To provide clear guidelines to the Elected Members and Shire Staff regarding community projects where letters of support from the Shire of Ashburton are requested.
Application All Elected Members & Staff
Statutory Environment
N/A
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Work & Team Environment
Approval Date OMC 9 December 2015
Monitor and Review Community Services
Last Review 2015
Next Review 2019
Review Period 4 years
AIM To acknowledge and support the Shire of Ashburton community projects where letters of support are requested. The Shire of Ashburton recognises that it has a major role in creating and developing a strong, cohesive community where people support each other and work together to achieve their desired quality of community life. OBJECTIVE Council will support projects, services, programs and facilities for the community which are:
Planned and Coordinated – Council recognises services to the community are best delivered in a holistic, coordinated manner and that any council planning processes such as recreation planning must consider the needs of the community and must be considered before a letter of support is written.
Efficient and Accountable – Council will support services for the community that are delivered in an effective, competitive and accountable way.
Participative – Council recognises the importance of the community being involved in the design, development and management of services and facilities that will be utilised by them.
Accessible – Council wishes to ensure that the community have access to the range of services and facilities offered in the community.
Collaborative Partnerships – Council recognises and encourages the collaborative efforts of individuals and agencies working in partnership with the Shire.
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METHOD
1. Requests should be received by the Shire with a minimum of five working days’ notice prior to the required date.
2. A request for a letter of support (or a Referee request, where specific funding bodies
do not accept letters of support) is to include::
a. An overview of the application organisation;
b. Full contact details of the organisation including name and contact details of the relevant person in relation to the proposed project.
c. Details of the proposed project (including how the project meets the objectives of the Policy);
d. Details of the application for the grant/subsidy;
e. Details of the organisations relationship the Shire including any Lease or License conditions in place, plus any other relevant information that might affect the Shire as a result of the application.
3. A summary of the application, any officer comments and a draft letter of support to be prepared by officers (for the President’s consideration).
4. All letters of support are signed by the Shire President.
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ELM19 Recognition of Aboriginal Cultural and History
Aim
To provide clear guidelines to the Elected Members and Shire Staff in order to recognise the unique position of Aboriginal people in Australian culture and history. Aboriginal people are the original custodians/traditional owners of the land. It is important this unique position is recognised to enable the wider community to share in Aboriginal culture and heritage, facilitating better relationships between Indigenous people and other Australians.
Application All Elected Members & Staff
Statutory Environment
Local Government Act 1995 - S 3.1(i)
Principles Community Strategic Plan 2017 – 2027 Goal 03 – Unique Heritage and Environment Objective 03 – Celebration of History and Heritage
Approval Date OMC 16 December 2016
Monitor and Review Office of the CEO
Last Review 2016
Next Review 2020
Review Period 4 years
1. AIM
These guidelines apply to all Elected Members and Shire Officers responsible for
organising events/ functions/ceremonies/meetings where ‘Acknowledgement of
Country’ or ‘Welcome to Country’ ceremonies should be included in official
proceedings. Also to outline other recognition actions in which the Shire may engage.
2. THE ‘ACKNOWLEDGEMENT OF COUNTRY’
(i) Definition of Acknowledgement of Country
An ‘Acknowledgement of Country’ is an acknowledgement of traditional Aboriginal
and Torres Strait Islander custodians/traditional owners of land in order to pay
respect to them. It is a means by which all people can show respect for the Aboriginal
culture and heritage and the ongoing relationship the traditional custodians have with
the land. The 'Acknowledgement of Country' can be performed by any person,
Aboriginal or non-Aboriginal
(ii) Appropriate Place
When planning an official event, Elected Members or Officers should ensure that an
Acknowledgement of Country’ is delivered where possible. In particular, an
‘Acknowledgement of Country’ should be given by a speaker at the beginning of the
event.
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(iii) Events
Events for ‘Acknowledgement of Country’ include (but are not limited to) the
following:
• Significant events where members of the public, representatives of
governments and/or the media are present;
• Council Meetings; and
• Forums, Conferences, Briefing Sessions and Major Workshops where the
public are present.
(iv) Phraseology
Events - For events, it is proposed the following will be read out -
On behalf of the Shire of Ashburton, we respectfully acknowledge the local
Indigenous people, the traditional custodians of this land on which we are gathering
today and pay our respects to them and all their elders both past and present.
Council Meetings - The following will be read out at each Shire of Ashburton Council
Meeting and this may rotate amongst each Councillor on a voluntary basis –
As representatives of the Shire of Ashburton Council, we respectfully acknowledge
the local Indigenous people, the traditional custodians of this land where we are
meeting upon today and pay our respects to them and all their elders both past and
present.
3. THE ‘WELCOME TO THE COUNTRY’
(i) A ‘Welcome to the Country’ is where the traditional Aboriginal custodians welcome people to their land by providing historical and cultural information to the people in attendance. Steps should be taken to ensure that the appropriate representative is invited to perform the ‘Welcome’, because it is a significant recognition and a formal process. A ‘Welcome to Country’ should always occur at the opening of the event in question, preferably as the first item in the order of proceedings.
(ii) Events for a ‘Welcome to Country’ include (but are not limited to) the following:
• Significant events involving the State/Federal Government;
• Significant civic functions/ceremonies; and
• Significant launches/openings of new buildings.
(iii) The ‘Welcome to the Country’ is conducted by a recognised representative/s of
the relevant local Aboriginal community.
(iv) A ‘Welcome to the Country’ may consist of a single speech by the representative
of the local Aboriginal community, or it may also include a performance of some
description. For example, a:
• Traditional Welcoming Song;
• Traditional Dance;
• Didgeridoo performance;
• “smoking” ceremony; or
• Combination of any of the above.
(v) It is necessary for the speaker who follows immediately after the ‘Welcome to
Country’ ceremony to provide a response. Part of the response should acknowledge
the person who delivered the ‘Welcome to Country’. The following is a suggested
response:
I would like to as a Shire of Ashburton representative, highlight that we too pay our
respects to the local Indigenous people, the traditional custodians of this land where
we are gathering here today. On behalf of the traditional custodians, past and
present, we welcome you all to today’s event.
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4. OTHER RECOGNITION ACTIONS
There are other actions the Shire can undertake to further
enhance the recognition of Aboriginal Culture and Council wishes to use the following
means to do that:
(i) Include the statement “The Shire of Ashburton respectfully acknowledges the
traditional custodians of this land” in key documents, namely its Community Strategic
Plan, its Corporate Business Plan; and in its Council Agenda and Minutes as well as
its official webpage.
5. CULTURAL PROTOCOLS TO BE OBSERVED
There are certain indigenous protocols that must be observed (noting that in most
cases, members of the Aboriginal community will advise of appropriate/inappropriate
behaviour and/or if they are not permitted to discuss the protocol or ceremony with
staff because of age, gender, status etc.
(i) The practice of not mentioning the name of a deceased Aboriginal person, or
displaying photographic images of a deceased person unless agreed and
approved by the relevant family;
(ii) Sensitivity to knowledge that is specific to gender (commonly referred to as
‘Women’s Business’ or ‘Men’s Business’); and
(iii) Appropriate acknowledgement of guest artists that are either from or supported
by the local community.
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ELM20 History Collection Policy
Aim
This policy represents the distinctive cultural identity of the Shire of Ashburton, both past and present. The objective of this policy is to provide a framework within which to develop, organise, maintain and make available a permanent collection of materials, both retrospective and current, in a variety of formats, which relate to the past and present of the Shire of Ashburton.
Application All Staff
Statutory Environment
Censorship Act 1996 Commonwealth Copyright Act 1968 Museum Australia Inc. Code of Ethics 1999 National Standards for Australian Museums and Galleries Significance 2.0: A guide to assessing the significance of collections The Burra Charter, 1999
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Work & Team Environment
Approval Date OMC 19 January 2016
Monitor and Review Office of the CEO
Last Review 2016
Next Review 2020
Review Period 4 years
POLICY STATEMENT
This policy aims to assist the Shire of Ashburton Local History Collection by providing
direction for development and management of a community resource that inspires, educates
and informs the community and visitors on the Shire of Ashburton history. To build and
preserve an historical resource for the present and future communities of the Shire of
Ashburton by caring for the objects in its collection to the best possible standard and setting
parameters for the collection, documentation, conservation and interpretation of artefacts
significant to the Shire of Ashburton.
The History Collection Policy is adopted on the principle that in the main, local history will be collected, protected, and managed by volunteer groups, with appropriate levels of support from the Shire of Ashburton, namely –
1. the Shire supports local Community Groups that wish to establish themselves as Museum/Historical Societies to undertake the task of collecting and protecting Ashburton’s history;
2. any land/buildings support will principally be consistent with Council Policy REC05 (Community Leases);
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3. any financial support will be based on normal community group grant applications (namely, through existing Policy REC08) plus any specific annual Shire budget allocations (as determined by Council – for example, for museum building maintenance);
4. any staff support to Museum/Historical Societies will be minimal and reflective of the levels of involvement generally allocated to other local community organisations; and
5. The Shire will ensure that its own organisation’s history is protected through compliance with its responsibilities under the State Records Act, plus other individual activities like the minor history collection at the Tom Price Visitor Centre, and the Image Library maintained for operational photographic storage and ongoing usage in various publications.
By way of guidance to relevant staff and to local Museum/Historical Societies – Collection Includes: • Memorabilia • Newspapers • Photographs • Community History • Oral History • All artefacts, objects and records Memorabilia A Memorabilia collection contains the gifts presented to the Shire. These gifts include objects, trophies, plaque crests, awards, medals, badges, coins, or certificates accepted by a Council representative in the course of conducting Council business. It also includes objects used by staff or councillors in the course of conducting Council business, deemed significant to preserve for posterity, such as the Shire seals, framed photographs of councillors past and present, promotional material and equipment. Newspapers A Newspaper collection includes articles from local and state newspapers. The articles collected provide an ongoing history of the many events, activities, issues, people and places for the Shire. Articles collected relate to Council news and activities, residents activities and biographies, community development and its issues; historical articles, sporting clubs, community organisations, theatre and other public performances, selected local business information, selected housing styles and practising architects, and real estate development sites within the precincts of the Shire. Photographs A photograph collection may be developed from donations from private collections, in-house photography, copies made from originals, and donations. Donors may be required to complete a donation form for legal purposes, and to gather significance and provenance information.
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Photographs may be scanned, digitised and made available to the community via the Shire’s Library catalogue. Community History A Community History collection includes:
• Books both purchased and donated • Reports • CD’s • Videos • DVD’s • Biographies • Oral histories • Digital records
The Community History Collection includes an archive with historical information and
ephemera from businesses, schools, churches, community and sporting groups, events,
places, buildings and people.
Copyright
The Shire’s History Collection policy supports and upholds the rights of copyright owners as
documented in the Commonwealth Copyright Act 1968.
Definitions
Archives are a collection of documents and records that contain historical information. This includes the papers of individuals and organisations, letters, and diaries.
Ephemera refer to printed materials that were only meant to be used for a short time. They may have been printed to use for a day, event or promotion. This would include menus, tickets, invitations, programs, posters and advertisements, and other various items.
Oral History refers to recorded historical information obtained in interviews concerning personal experiences and recollections.
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ELM21 Tree Management Overview Policy
Aim
The benefits of trees are numerous and include environmental, amenity, health and social benefits. The Shire plays an important role in seeking to balance safety, infrastructure and community expectations, with operational activities to do with those trees. The key purpose of this Policy is to promote the prior consultation of those activities.
Application All Staff
Statutory Environment
Australian Standard 4373-2007 Planning and Development Act 2005, Part 5
Principles Community Strategic Plan 2017 – 2027 Goal 03 – Unique Heritage and Environment Objective 01 – Flourishing natural environments
Approval Date OMC 19 January 2016
Monitor and Review Office of the CEO
Last Review 2016
Next Review 2020
Review Period 4 years
Policy Application
Trees provide many benefits that have both economic and intangible values. The Shire of
Ashburton recognises that trees contribute to water management, biodiversity, air pollution
and the environmental amenity within the Shire. The Shire is also aware that trees assist in
forming the identity of the region and, at a local scale, the local character. While appreciating
the importance of this resource, the Shire is conscious of the many issues associated with
managing trees within their environment.
The primary purpose of this Policy is to promote the prior consultation with stakeholders as
part of the implementation of the above activities.
Long-Term Tree Management
Tree management needs to be undertaken with a long-term interest perspective and the
following needs to be taken into account -
a) Community safety in public places, including the potential to contribute to safety through traffic calming;
b) Public and Private infrastructure protection/damage;
c) Vegetation selection type (e.g. native varieties or otherwise) and location of plantings;
d) Aesthetic qualities in terms of form, texture, colour, seasonal change, movement, sound and perfume;
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e) Environmental controls to reduce the effects of energy consumption, erosion, dust, atmospheric pollution, including smoke from fires, noise, and fire risk;
f) Architectural potential for delineating space, enclosing, framing, screening/privacy;
g) Heritage value, through recognition of historic, cultural and local significance;
h) Potential to assist fauna by providing appropriate linkages and habitats; and
i) Microclimate modification to reduce the effects of summer heat, reflection and glare, ultra-violet radiation, wind and evaporation.
Consultation (on Tree Management)
The Council recognises the contribution made by trees to existing park/streetscapes within
the Shire. It also recognises that in some cases, tree retention may not be desirable, feasible
or reasonable, owing to the condition or possible location or species of the tree.
Circumstances where removal might be reasonable, include the following:
a) The tree is diseased and beyond remedial treatment, or dead;
b) The tree has been assessed by the Shire as structurally weak and/or dangerous, placing the public at risk or jeopardising safety;
c) The tree has been irreparably damaged (e.g. by a storm, vehicle accident);
d) The tree is hazardous to motorists/pedestrians owing to interference in suitable sightlines presented by the trees alignment or spacing;
e) The tree is affected by road widening, service modification/relocation or other infrastructure and construction or building works and all possible options have been explored by the shire and there is no reasonable alternative to removal.
f) The tree is in close proximity with overhead power lines or distributor wires to properties and where, for reasons of growth habit pertaining to the variety, selective pruning is not practical with the only option being severe lopping; or
g) The tree precludes reasonable development of a lot or an adjoining property and all possible developments options have been explored by the developer and there is no reasonable alternative to removal.
Council accepts that the Shire will need to remove trees on occasion, but requires that –
1. reasonable efforts be made to retain the tree(s),
2. that respective Ward Councillor(s) will be consulted where significant trees are proposed to be removed/replaced or the operational actions are anticipated to create high levels of community interest, and
3. Nearby residents affected are to be notified, including giving the reasoning for the proposed works, and with a copy of this notice being forwarded to the respective Ward Councillor(s).
Note – Policies ENG01 (Street Lawns and Gardens) and ADM08 Community Engagement,
may also be relevant.
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ELM22 Elected Member Event Notification Policy
Aim This policy provides staff guidance on informing Elected Members of official functions.
Application All Elected Members
Statutory Environment
N/A
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 26 April 2016
Monitor and Review Office of the CEO
Last Review 2016
Next Review 2020
Review Period 4 years
POLICY STATEMENT
Councillors are keen to maintain strong contacts with the community and attendance at official
opening events is a valuable part of that connection. This policy provides staff guidance on
informing Elected Members of upcoming official functions.
EXTENDING AN INVITATION It is acknowledged that the event planning process needs to be flexible when considering invitation arrangements as often the state government representatives and major funding bodies/stakeholders will require preference as to the timing of the functions. Notwithstanding, the Shire President/Elected Member’s availability are all to be considered when choosing the event date and Shire Staff are to endeavour to provide ample time for the opportunity to consult with and advise Elected Members of upcoming celebratory events. Events where Councillors are invited to attend and/or participate shall also be communicated
directly to the Shire President from the event organiser. For example:
i. Welcome Events, Anzac Day, Australia Day Opening attendances by
Councillors;
ii. Councillors to present a speech at events; and
iii. Other requirements of councillor specific to an event.
Invitations to the Shire President or Elected Members to attend an event are to be in writing and a copy forwarded to the Chief Executive Officer, as far in advance as possible.
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REPRESENTATIVES The Shire President is the principal representative of Council. All Elected Members support the Shire President in representing Council at public occasions. The Deputy Shire President where practicable will substitute for the Shire President for a civic or ceremonial function of a Shire wide nature or importance where the Shire President is unable to attend. Where the Deputy Shire President cannot attend, the Shire President in consultation with the Deputy Shire President will nominate another Councillor to represent the Shire.
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ELM23 Notice of Motion Procedural Policy
Aim This policy provides guidance to Elected Members when dealing with Notice of Motions during Ordinary Meeting of Council
Application All Elected Members
Statutory Environment
Shire of Ashburton Standing Orders Local Law 2012
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 16 December 2016
Monitor and Review Office of the CEO
Last Review 2016
Next Review 2020
Review Period 4 years
Councils are required to have a local law which covers meeting procedures. The Shire of
Ashburton Standing Orders Local Law 2012 provides this function. This local law is
generally based on well-accepted procedures that are intended to ensure meetings are run
fairly and productively.
While this local law provides a broad framework for running orderly and constructive
meetings, good governance processes add meaning to the framework. They ensure
meetings are run in such a way that helps good decision-making. A well-run meeting should
have a clear and informative agenda, be well chaired and facilitated, follow meeting
procedures appropriately, and adhere to statutory requirements.
PROCEDURE
The procedures for Lodgement of Notice of Motion with the CEO or Council are to be as per
Standing Orders Local Law 2012 (Clause 5.3) however to ensure good governance and
efficient processes are upheld, the following procedure shall be adhered to by Elected
Members when considering/lodging Notice of Motions.
Prior to lodgement the Councillor is to liaise with the CEO and/or Shire President to discuss
the merits, wording and options of the proposed Notice of Motion and its desired intentions.
The nominating Councillor may then decide, following that liaison, whether to proceed with
or to abandon their proposed Notice of Motion.
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ELM24 Appointment of an Acting Chief Executive Officer
Aim To provide for the appointment of one of the Shire’s Directors as Acting Chief Executive Officer during limited absences of the Chief Executive Officer
Application CEO
Statutory Environment
Local Government Act 1995 Section 5.36
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 26 April 2017
Monitor and Review Office of the CEO
Last Review 2017
Next Review 2019
Review Period 2 years
POLICY STATEMENT
1. In accordance with the requirements of the Local Government Act 1995, section
5.36(2)(a), the Council has determined that the persons appointed as the permanent
incumbent to the position of a Director (as defined in Council Policy EMP11 Senior
Employees) are suitably qualified to perform the role of Acting Chief Executive
Officer.
2. In the event of an unforeseen absence of the CEO, then the default Acting CEO will
be the permanent incumbent of the position with the title “Director, Corporate
Services” or equivalent, for a period not exceeding ten (10) working days.
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ELM25 Use of the EMACCESS email portal and Councillor
Discussion Board
Aim To establish the guidelines for Elected Members when using EMACCESS and the Discussion Board
Application All Elected Members
Statutory Environment
State Records Act 2000
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 20 November 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2019
Review Period Annually
1. ELECTED MEMBER ACCESS (EMACCES) EMAIL PROTOCOLS
a) This policy applies to communications generated via the EMACCESS portal. The
key stakeholders are the Councillors, the Chief Executive Officer (CEO), Directors
and the Executive Officer. The Code of Conduct (ELM04) shall apply to the usage of
the EMACCESS portal.
b) The Council’s EMACCESS portal is intended to ensure that important information is
promptly received, considered, and communicated to the Councillors by the CEO and
that councillors are provided the same when communicating with the CEO.
c) Only questions are to be asked in this forum and no debate is to take place via
EMACCESS. All debate shall be reserved for topics initiated on the Discussion
Board. The Local Government Act 1995 does not allow “Council decisions” to be
made via this medium.
d) All EMACCESS details and correspondence will be recorded in accordance with the
State Records Act 2000.
Examples of items to be considered in the EMACCESS email portal are:
2. Communication which is Policy or Strategic in nature, or as required by
delegation.
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a) [email protected] email should be used by
Councillors for all policy or strategic items to be addressed.
b) All EMACCESS correspondence will be acknowledged and a response will be
provided via the CEO, or relevant Director.
3. Communication which is Agenda based in nature.
a) Any questions regarding content of Council Agenda (e.g., clarification of issues or
request for further information) items should be referred to the CEO using
EMACCESS. All emails shall be recorded.
4. Communication between the Shire President and Community Services Manager
(or appointed staff member).
a) Events where Councillors are invited to attend and/or participate shall be
communicated directly to the Shire President from the Community Services Manager
(or appointed staff member) and not via EMACCESS.
For example:
Welcome Events, Anzac Day, Australia Day Opening attendances by Councillors;
Councillors to present a speech at events; and
Other requirements of Councillor specific to an event.
5. Emails not appropriate to the EMACCESS portal:
Communication of normal and routine issues. If Councillors wish to report damage to
property, repairs required, requests for service and all matters that are operational in
nature then the CAR system should be used. These requests can be made by email
using [email protected] or by telephone to reception.
Travel arrangements - Councillors to directly contact the Office of the CEO Staff.
Citizenship Ceremonies - Councillors to directly contact the Office of the CEO Staff.
Council issues communications / iPad / Computers - Councillors to directly contact
Information Services Staff.
6. DISCUSSION BOARD PROTOCOLS
a) This policy applies to communications (topic needing discussion) generated via the
web based Discussion Board. The key stakeholders are the Councillors. The Code
of Conduct (ELM04) shall apply to the usage of the web based Discussion Board.
b) The Discussion is designed:
To ensure Councillors have a communication channel to which they have easy and
timely access. The Discussion Board is designed to allow Councillors the opportunity
to discuss amongst themselves, issues of relevance to their role as Councillors. It is
not for questions (which should be forwarded by EMACCESS Email) but to provide a
web based capacity to communicate with each other across a remote and distant
Ashburton environment.
To encourage the timely and effective communication of relevant and useful
information amongst Councillors on relevant Councillor related issues.
Where appropriate, to see action taken by the Council as a result of the feedback.
Distribution of agenda and minutes.
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ELM26 CEO Performance Review
Aim Guidelines for the CEO Performance review process
Application CEO and Elected Members
Statutory Environment
Local Government Act 1995 s5.38
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Work and Team Environment
Approval Date OMC 22 May 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2020
Review Period 2 years
1. OBJECTIVE
To accord with s5.38 of the Local Government Act 1995 in undertaking the performance
review of the Chief Executive Officer (CEO).
2. POLICY
That the performance of the Chief Executive Officer be reviewed by the ‘Shire of
Ashburton Chief Executive Officer Performance Review Occasional Committee’
(‘Committee’) at least once in relation to each year of employment using the performance
criteria contained in the CEO’s Position Description.
The objective of the Committee is as follows:
Compile the consensus response for each of the key result areas detailed in clause
of the CEO’s contract of employment;
Conduct a performance review feedback session with the CEO;
Prepare and submit for Council approval a report describing the assessment
developed during the performance review, changes to be made, special tasks to be
done, or decisions to follow as a result of the evaluation;
Prepare and submit for Council approval the agreed performance objectives for the
next review period; and
Prepare and submit for Council approval any variations to the CEO’s conditions of
employment.
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3. ARRANGEMENTS
The Shire President shall arrange for an appropriate consultant to undertake the
CEO’s performance review. As part of the performance review, the consultant will undertake
interviews with (but not limited to):
committee members who have a direct relationship with the CEO (e.g.);
senior staff;
Other as determined by the Shire President.
4. That the performance review will be carried out by the Committee in a closed
meeting with the CEO.
5. That a review of delegations and Key Performance Indicators forms part of the
review process and which will reference s5.41. ‘Functions of CEO’ under the Local
Government Act 1995.
6. That a record of proceedings be prepared by the CEO and when confirmed by the
Committee will be forwarded to the next available Council meeting on a confidential
basis for consideration.
7. ASSOCIATED DOCUMENTS
External
Local Government Act 1995
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ELM27 Legal Proceedings
Aim
Council members and employees may require legal advice and/or representation. This policy establishes the principals under which funding may be provided, the level of funding that may be provided and the processes to be followed by the applicant when making a request.
Application All Elected Members and employees
Statutory Environment
Section 9.56 of the Local Government Act 1995 (the Act)
Principles
Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council leadership Objective 04 – Exemplary Team and Work Environment
Approval Date OMC 23 October 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2020
Review Period 2 years
1. Objective
This policy is designed to protect the interests of council members and employees (including
past members and former employees) where they become involved in legal proceedings
because of their official functions. In most situations the local government may assist the
individual in meeting reasonable expenses and any liabilities incurred in relation to those
proceedings.
2. Policy Statement
In each case it will be necessary to determine whether assistance with legal costs and other
liabilities is justified for the good government of the district. This policy applies in that
respect.
3. General
a) The local government may provide financial assistance to members and employees
in connection with the performance of their duties provided that the member or
employee has acted reasonably and has not acted illegally, dishonestly, against the
interests of the local government or otherwise in bad faith.
b) The local government may provide such assistance in the following types of legal
proceedings:
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I. proceedings brought by members and employees to enable
them to carry out their local government functions (e.g. where
a member or employee seeks a restraining order against a person using threatening
behaviour);
II. proceedings brought against members or employees [this could be in relation to a
decision of Council or an employee which aggrieves another person’s (e.g. refusing a
development application) or where the conduct of a member or employee in carrying
out his or her functions is considered detrimental to the person (e.g. defending
defamation actions)]; and
III. statutory or other inquiries where representation of members or employees is
justified.
c) The local government will not support any defamation actions seeking the payment of
damages for individual members or employees in regard to comments or criticisms
levelled at their conduct in their respective roles. Members or employees are not
precluded, however, from taking their own private action. Further, the local
government may seek its own advice on any aspect relating to such comments and
criticisms of relevance to it.
d) The legal services the subject of assistance under this policy, will usually be provided
by the local government’s nominated solicitors. Where this is not appropriate for
practical reasons or because of a conflict of interest then the service may be
provided by other solicitors approved by the local government.
4. Applications for Financial Assistance
a) Subject to item (e), decisions as to financial assistance under this policy are to be
made to Council.
b) A member or employee requesting financial support for legal services under this
policy is to make an application in writing, where possible in advance, to the Council
providing full details of the circumstances of the matter and the legal services
required.
c) An application to the Council is to be accompanied by an assessment of the request
and with a recommendation which has been prepared by, or on behalf of, the Chief
Executive Officer (CEO).
d) A member or employee requesting financial support for legal services, or any other
person who might have a financial interest in the matter, should take care to ensure
compliance with the financial interest provisions or the Local Government Act 1995.
e) Where there is a need for the provision of urgent legal services before an application
can be considered by Council, the CEO in consultation with the President may give
an authorisation to the value of up to $5000 provided that the power to make such an
authorisation has been delegated to the CEO in writing under section 5.42 of the
Local Government Act 1995.
f) Where it is the CEO who is seeking urgent financial support for legal services the
Council shall deal with the application.
5. Repayment of Assistance
a) Any amount recovered by a member or employee in proceedings, whether for costs
or damages, will be off set against any monies paid or payable by the local
government.
b) Assistance will be withdrawn where the Council determines, upon legal advice, that a
person has acted unreasonably, illegally, dishonestly, against the interests of the
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local government or otherwise in bad faith; or where
information from the person is shown to have been false or
misleading.
c) Where assistance is so withdrawn, the person who obtained financial support is to
repay any monies already provided. The local government may take action to recover
any such monies in a court of competent jurisdiction.
SUPPORTING DOCUMENTATION
Internal:
Delegation Register (DA02-2 Legal Proceedings)
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4. EMPLOYEES
EMP02 Prohibited Areas- Wittenoom and Yampire
Aim The purpose of this policy is to detail the asbestos exposure controls required to protect the health of Shire personnel, volunteers and contractors.
Application All Staff Volunteers and Contractors
Statutory Environment
Local Government Act 1995 section 5.40(e) OSH Act 1984 Sect 19, 20
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Work and Team Environment
Approval Date 13 March 2013 (Commissioner)
Monitor and Review Office of the CEO
Last Review 2013
Next Review 2017
Review Period 4 years
Asbestos is a hazardous material, which poses a health risk when airborne fibres are inhaled. Asbestos exposure is known to cause mesothelioma, asbestosis and lung cancer. From 2006, Western Australian Government policy on Wittenoom requires that: Pending the town’s closure, organisations with regulatory responsibilities should put in place
a level of regulation which more appropriately balances their obligations for the health and
safety of their staff and contractors with the significant health, safety and legal risks
attendant upon their not discharging their regulatory responsibilities to residents of, and
visitors to, the township”
http://wa.gov.au/wittenoomgovernmentpolicy/
The environs of the closed Wittenoom Township are known to be contaminated with blue
asbestos. The Department of Industry and Resources (DoIR) and the Department of Local
Government and Regional Development established the extent of contamination in 2006 (the
Twohig Report). DoIR has produced a map delineating the area of asbestos contamination
at Wittenoom. The area defined by DoIR has been adopted by the Shire of Ashburton to
delineate the AHZ (Asbestos Hazard Zone)
As a result, no Shire of Ashburton employee, Bush Fire Brigade volunteer or contractor on
Shire business shall go onto or pass through the AHZ delineated on the attached map, without
the express written permission of the Chief Executive Officer.
If for any reason a Council employee does enter or pass through Wittenoom or the areas of the
mine sites, then protective clothing and apparatus is required (pursuant to the provisions of
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national standards for dealing with asbestos) to be provided by the
Council and worn by the employee upon entering the site(s).
No Council employee shall go onto or pass through the areas to be avoided with Council vehicles
or equipment unless on Council business with prior permission from the CEO. This specifically
includes employees with personal use of a council vehicle on their own time.
In the event that a vehicle is taken into these sites, it shall be hosed down in an appropriate
manner as soon as possible after leaving the site(s).
Wittenoom Zones Hot Zone The Hot Zone represents a danger to life or health to people and entry should only be by trained personnel with the appropriate levels of protective clothing. The boundary of the Hot Zone must be indicated with demarcation tape. Movement from a Hot Zone to a Warm or Cold Zone must be accompanied by decontamination. Warm Zone The Warm Zone is the area directly outside the Hot Zone where Hot Zone support takes place - Incident Control, personnel and equipment staging, BA Control and decontamination. It contains the entry points into the Hot Zone and optional exit points from the decontamination area. Entry to the Warm Zone is only for those involved in Hot Zone support and the boundary should be indicated with demarcation tape. Cold Zone The Cold Zone is the area outside the Warm Zone, and is a safe, exclusion area for the Incident Controller and all other agencies, either in a combat or support role, to operate from safely with minimal PPE. The outer perimeter of the Cold Zone will be secured by police to exclude members of the public.
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Hot
Zones
Wittenoom Asbestos
Hazard Zone
(Blue shaded area)
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EMP11 Senior Employees
Aim
The objective of this policy is to clearly identify employees to be Senior Employees pursuant to the provisions of the Local Government Act 1995 and for those same employees to be designated employees, also pursuant to the provisions of the Act.
Application Senior Employees
Statutory Environment
Local Government Act 1995 s5.37
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 26 April 2017
Monitor and Review Office of the CEO
Last Review 2017
Next Review 2021
Review Period 4 years
Purpose
To clearly identify a class of employees to be “Senior Employees” pursuant to the provisions
of the Local Government Act 1995 and for those same employees to be designated
employees, also pursuant to the provisions of the Act.
Content
Pursuant to section 5.37 of the Local Government Act 1995, the class of executive
management positions with the title “Director…” and reporting directly to the Chief Executive
Officer are designated as Senior Employees.
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EMP16 Grievance Investigation and Resolution
Aim To provide guidance on processes in relation to receiving and actioning internal employee grievances.
Application All staff
Statutory Environment
Local Government Act 1995 (WA) State Records Act 2000 (WA) Privacy Act 1988 (cth) Freedom of Information Act 1992 (WA) Equal Opportunity Act 1984 (WA) Public Interest Disclosure Act (2003) Occupational Safety & Health Act 1984 (WA) Fair Work Act 2009 (cth)
Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 - Exemplary team and work environment
Approval Date OMC 20 November 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2022
Review Period 4 Years
INTRODUCTION
Objectives
All employees have a right to express any genuine grievances or complaints through an
impartial internal process. All employees involved in a grievance process are expected to
participate in good faith. For the purposes of this directive, the term “employee/s” will extend
to cover contractors, volunteers and any person performing work for or with the Shire of
Ashburton in any capacity.
Scope
This Policy applies to all workers performing work (paid and unpaid) for the Shire, including
but not limited to direct hire, contractors, labour hire, project workers, volunteers and those
performing work through a third party.
RESPONSIBILITIES
Complainant: An employee who raises a complaint about a matter regarding the workplace.
Respondent: An employee who is alleged to have acted in a manner which caused the
complain
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Support Person: A Complainant and/or a Respondent may choose to
bring a Support Person with them to a meeting, where practicable. The
role of a Support Person is not to advocate on behalf of anyone, but to simply provide emotional
support.
Witness: A person (including an employee) who is requested by the Shire of Ashburton to
assist the process by providing relevant information regarding the complaint.
Investigator: Appropriate Shire of Ashburton employee or a suitable person external to the
Shire appointed to conduct investigations.
WHAT TO DO IF YOU HAVE A COMPLAINT
If a Complainant believes they are the victim of behaviour of a Respondent which is
inconsistent with the Shire of Ashburton’s policies, procedures or guidelines, the Complainant
should, where reasonable or practicable, first approach the Respondent for an informal
discussion. If the nature of the complaint is deemed to be sufficiently serious, the Complainant
should contact his/her Manager or Human Resources directly, instead of approaching the
Respondent.
If the alleged inappropriate behaviour continues, the Complainant is encouraged to make a
formal complaint to his/her direct manager. If the direct manager is the Respondent in the
matter or if the Complainant feels uncomfortable approaching his/her manager, the
Complainant should approach Human Resources.
Where a complaint is received it must be forwarded in a timely manner to Human Resources
for a decision upon the most appropriate way to take the matter forward, whether it is an
informal discussion with the Complainant and/or the Respondent, or the commencement of a
formal investigation of the complaint.
Any grievances lodged against the Chief Executive Officer are to be dealt with by the Shire
President and Council under this policy. Grievances should be lodged with the Manager
Human Resources or Director of Corporate Services.
INVESTIGATIONS
Shire Instigated Investigations
Where the Shire becomes aware of allegations of employee/s breaching Shire of Ashburton’s
policies, procedures or guidelines, an investigation may commence in accordance with this
Policy. This is without the need of a formal complaint being lodged.
External Government Agencies
There may be times where the investigation of a complaint may be undertaken by an external
government agency before or instead of being investigated by the Shire. Circumstances
include investigations being conducted by the Corruption and Crime Commission (CCC),
Public Sector Commission (PSC) or the Police.
Stand Down
Where allegations of misconduct are considered by the Chief Executive Officer (or President)
to be sufficiently serious or pose a threat to health and safety the Respondent may be stood
down while the matter is being investigated.
KEY PRINCIPLES IN THE COMPLAINT PROCESS
The following principles are necessary for the fair investigation and resolution of a complaint:
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Confidentiality
Only the employees directly investigating or addressing the complaint
will have access to the information about the complaint. The Chief Executive Officer (President)
may inform or appoint a third party to investigate and advise on the investigation. All parties
involved in dealing with a complaint are required to keep the matter confidential. Only the
outcome to the investigation will be placed on the employee’s personal file. All documentation
will otherwise be kept in a confidential file; and
Impartiality
Both parties will have an opportunity to put their cases forward. No assumptions are made and
no action will be taken until available and relevant information practicable has been collected
and considered. No employee who is a Witness or Respondent may be involved in any
decision making capacity as to the outcome of the grievance; and
Sensitivity
The employees who assist in responding to complaints should be specifically trained or
equipped to treat all complaints sensitively and ensure the process is free of coercion or
intimidation; and
Timeliness
The Shire aims to deal with all complaints as quickly as possible and in accordance with any
legislative requirements; and
Documented
All complaints and investigations must be documented. In formal grievance processes, records
must be kept of all documents collected and/or drafted as part of that process. For more
informal processes, a file note or note in a diary may be sufficient; and
Follow the Principles of Natural Justice
The principles of natural justice provide that:
A Respondent against whom allegations are made as part of a grievance process has the right to respond to the allegations before any determination is made;
A Respondent against whom an allegation is made has the right to be told (where possible and appropriate) who made the allegation;
Anyone involved in the investigation must be unbiased and will declare any conflict of interest;
Decisions must be based on the balance of probability arising from the objective considerations and substantiated facts; and
The Complainant and the Respondent have the right to have a support person present at any meetings where practicable.
Procedurally Fair
The principles of procedural fairness provide that:
The Respondent is advised of the details (as precisely and specifically as possible) of any allegations when reasonably practicable;
A Respondent is entitled to receive verbal or written communication from the Shire of Ashburton of the potential consequences of given forms of conduct, as applicable to the situation;
The Respondent is given an opportunity to respond to any allegations made against him/her by a Complainant;
Any mitigating circumstances presented to the Chief Executive Officer (President) through the grievance process are investigated and considered;
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Any witnesses who can reasonably be expected to help with any inquiry or investigation process should be interviewed; and
All interviews of witnesses are conducted separately and confidentially.
OUTCOMES OF MAKING A COMPLAINT
Where a complaint is substantiated, there are a number of possible outcomes:
If the complaint involves a performance issue, the manager of the Respondent may commence a formal or informal performance management process with the Respondent or elect to discipline the Respondent in accordance with the applicable industrial instruments, policies, and management directives; or
If the complaint involves a breach of a Policy or any other behaviour that is inconsistent with the employment relationship, the manager of the Respondent, in consultation with Human Resources, may elect to discipline the Respondent in accordance with the applicable industrial instruments, policies, and management directives.
Vexatious or Malicious Complaints
Where a Complainant has been found to have deliberately made a vexatious or malicious
complaint that Complainant may be subject to disciplinary action, including but not limited to,
termination of employment.
Victimisation of Complainant
A Complainant must not be victimised by the Respondent or any other employee of the Shire
for making a complaint. Anyone responsible for victimising a Complainant may be subject to
disciplinary action, including but not limited to, termination of employment.
Patterns of unsubstantiated Complaints
Where an abnormally strong pattern of separate unsubstantiated complaints about a given
Respondent becomes apparent, the matter may be considered further from a performance
management or disciplinary perspective.
VARIATION TO THIS POLICY
This Policy may be cancelled or varied by Council from time to time.
RELATED DOCUMENTS
EMP22 Discrimination, Harassment, & Bullying Management Directive
ELM04 Code of Conduct
EMP01 Equity of Opportunity Policy and Procedure
EMP16 Grievance Resolution Procedure
CORP2 Misconduct Prevention Directive
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EMP17 Occupational Health & Safety
Aim To provide guidance on Council’s expectations of employees in relation to Health and Safety
Application
All workers performing work (paid and unpaid) for the Shire, including but not limited to direct hire, contractors, labour hire, project workers, volunteers and those performing work through a third party.
Statutory Environment
Occupational Safety and Health Act 1984, Occupational Safety and Health Regulations 1996 Health and Safety Codes of Practice, Guidance Notes and Australian Standards.
Principles Community Strategic Plan 2017 - 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary team and work environment
Approval Date OMC 20 November 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2019
Review Period Annually
OBJECTIVE
We at the Shire of Ashburton believe that the health, safety and wellbeing of our people
employed at work, or people affected by our work, is a priority and must be considered during
all work performed by us or on our behalf in accordance with the Occupational Safety and
Health Act 1984, Occupational Safety and Health Regulations 1996 and relevant Codes of
Practice, Guidance Notes and Australian Standards.
POLICY STATEMENT
In line with our 5 year Health and Safety Plan 2018-2023, the Shire applies the following
principles in all we do:
Management commitment supporting high standards of safety and health,
performance and the continual improvement of behaviours and processes.
Sustaining effective mechanisms for consultation between management and
employees.
Hazard and risk management ensuring safe work methods and a safe work
environment through the reporting, identification, assessment and control of hazards
and their associated risks.
Appropriate training and development for managers, employees and contractors,
ensuring they are equipped with the knowledge and skills to carry out their duties in a
safe manner.
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Planning for the establishment and maintenance of essential
safety management systems to continuously improve workplace
health and safety.
Clear accountability of health and safety responsibilities at all levels that cannot be
delegated.
Delivering wellbeing initiatives which empower employees to positively influence their
health and wellbeing.
The Shire of Ashburton is committed to:
Creating a positive health and safety culture.
Consulting and co-operating with employees on health, safety and wellbeing issues
directly as well as through their Health and Safety Representatives.
Providing the necessary human, physical and financial resources to achieve safety
outcomes.
Developing key performance indicators that demonstrate we perform above and
beyond minimum health and safety legislative requirements.
Achieving continuous improvement through the monitoring and review of measurable
targets and objectives and improvement of Health and Safety management systems
and initiatives.
Building an enduring reporting culture where hazards and risks are consistently
reported, so that:
o risks are actively identified, assessed and effectively controlled using the
highest level of controls; and
o Investigations can identify root causes and appropriate action taken to prevent
recurrences.
Recognising excellence in safety and health performance.
Providing support and time to undertake health and safety related tasks.
Supporting and encouraging employees to participate in a range of health and
wellbeing initiatives and activities.
ASSOCIATED DOCUMENTS
Internal:
- Shire of Ashburton Health and Safety Procedures
- Shire of Ashburton Health and Safety Plan 2018-2023
External:
- Worksafe Plan WA
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EMP24 Corporate Credit Card
Aim This Policy is to provide a clear framework to enable the use of corporate credit cards and provide all cardholders with guidance for correct usage of Corporate Credit Cards
Application Nominated Staff
Statutory Environment
Local Government Act 1995 Section 2.7 (2) (a) & (b) Section 6.5 (a) Local Government (Financial Management] Regulation 11(1)(a) Use of Corporate Credit Cards (Department of Local Government Guideline No 11)
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary team and work environment
Approval Date OMC 20 November 2018
Monitor and Review Corporate Services
Last Review 2018
Next Review 2020
Review Period 2 years
The Council supports the use of corporate credit cards on the basis it provides a necessary
and efficient financial management tool for the Shire.
Credit cards need though, to be responsibly managed in order to ensure good governance
and financial accountabilities.
The CEO shall ensure there are Corporate Credit Card Management Procedures that
suitably accommodate these sentiments and the following protocols–
(i) The Corporate Credit Cards are maintained in a secure manner.
(ii) The Corporate Credit Cards are not to be used for personal expenses under any
circumstances.
(iii) All Corporate Credit Card payments (included disputed transactions) are to be listed in
the Schedule of Accounts and Credit Card Purchases section of the monthly financial report
to Council.
(iv) Where applicable, purchases are to be made in accordance with the Shire of
Ashburton’s FIN12 Purchasing Policy, and associated Procedures.
(v) Inappropriate purchases, even on the basis of them being operationally related, may be
recoverable from the cardholder. The cardholder is required to conclude that purchases are
fair and reasonable business expenses.
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(vi) Where possible, purchases should be processed through the
Purchase Order / Creditor’s system
(vii) Corporate Credit Cards are not to be used for cash withdrawals at any facility.
(viii) Cardholders responsibilities, as outlined by the card provider (i.e. the Bank), are met at
all times.
(ix) Corporate Credit Card Credit limits are not to be exceeded.
(x) The Cardholder is responsible to pursue and resolve incorrect charges (as due to privacy
legislation, only the cardholder can initiate any request for information from the bank).
(xi) All relevant documentation regarding each transaction is retained by the cardholder and
transactions are to be acquitted and reconciled on a monthly basis as per of the
reconciliation procedure. A copy of all of the Corporate Credit Card Statements and a
summary thereof (including sufficient information to adequately articulate the purchase
details) are to be incorporated as attachments to the signed financial statements submitted
each month to Council).
(xii) The use of the credit Card shall not be tied to any type of reward systems that provides
cardholders with any personal benefit or reward.
(xiii) Cardholders are to read and acknowledge the Corporate Credit Card Policy and
associated Procedures prior to being issued with the card, to ensure that the above matters,
including breaches of this Policy are agreed.
Overall the onus of responsibility for above controls are with you the cardholder. Failure to
adhere to these conditions may result in disciplinary action or termination of your
employment.
The CEO and Council have zero tolerance towards misuse of Corporate Credit Cards – the
risk of bringing the financial or reputational standing of the Shire into question will not be
accepted under any circumstances.
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EMP25 Fitness for Work
Aim To provide guidance on Council’s expectations of employees in
relation to fitness for work
Application
All workers performing work (paid and unpaid) for the Shire,
including but not limited to direct hire, contractors, labour hire,
project workers, volunteers and those performing work through a
third party.
Statutory
Environment
Occupational Health & Safety Act 1984
Fair Work Regulations 2009
Principles
Community Strategic Plan 2017 - 2027
Goal 05 – Inspiring Governance
Objective 04 – Exemplary team and work environment
Approval Date OMC 23 October 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2022
Review Period 4 Years
1 INTRODUCTION
1.1 Objectives
The principle objective of this Policy is to highlight the Shire of Ashburton’s ongoing
commitment to its workers and meeting its obligations under the Occupational Safety &
Health Act 1984 of creating and maintaining a safe work environment, by managing and
reducing the risks associated with personnel presenting to, or throughout the day, being in
an unfit state.
1.2 Purpose
The purpose of this Policy is to identify the risks and to put measures in place to ensure all
workers are aware of their obligations and the Shire’s commitment to fitness for work.
Conditions which could impact on a person’s fitness for work (FFW) include, but are not
limited to:
Sleep deprivation
Physical injury
Temporary or ongoing illness
Alcohol use and subsequent impairment
Other drug use; prescription, over the counter and illicit
Stress
Emotional distress
Mental health
Grief and loss
Family issues
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1.3 Scope
This Policy applies to all workers performing work (paid and unpaid)
for the Shire, including but not limited to direct hire, contractors, labour hire, project workers,
volunteers and those performing work through a third party.
2 RESPONSIBILITIES
2.1 Directors, Supervisors and Leaders
Directors, Supervisors and Leaders remain accountable for the following in relation to FFW
at the Shire:
Assess and report on any person who appears to be, or has been reported as being,
unfit for duty
Seek advice from the Human Resources (HR) Team if they are concerned a person
may not be fit for work
Ensure workers comply with this Policy
Maintain accurate and confidential documentation relating to FFW events
Reinforce the need for reporting any FFW issues and for individual self-awareness
and management of their exposure to alcohol and other drugs to ensure safe work
conditions for all
2.2 All Personnel
All persons performing work for the Shire remain accountable for the following in relation to
FFW at the Shire:
Ensure they are fit for work with no impairment or other factors that compromise their
own safety, or the safety of others
Notify their direct Supervisor, Shire representative or HR if they are concerned about
their FFW
Participate in health, wellbeing and FFW activities where requested by the Shire
Comply with health monitoring and FFW requirements
3 FITNESS FOR WORK CONTROLS
3.1 Medical Assessments
The purpose of medical assessments is to identify and allow the Shire to manage pre-
existing conditions, injuries or illnesses which may otherwise predispose personnel to further
injury or illness.
Depending on the role and risk, candidates may be required to undergo pre-employment
medical assessments prior to appointment. The pre-employment medical assessment
measures the individual’s functional capacity against the Position Description and range of
tasks involved in the role.
3.2 Pre-Employment Medical Assessment Requirements
The following table outlines the general pre-employment medical assessment (PEMA)
requirements based on the risk of the role. The Shire may also at any time request additional
assessments to be completed. A PEMA must be completed by a certified medical
practitioner.
Risk ID Examples of Roles Medical Requirement
Low Risk Nonphysical roles e.g. Administration,
Finance, primarily office based
Medical declaration
questionnaire and Drug and
Alcohol Screen (DAS) prior to
commencement
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Medium &
High Risk
Field presence and small physical labour
requirement or physical and labor
intensive roles e.g. Safety Advisors,
Technical Services, Rangers, Waste
Operators, Town Maintenance Officers,
Cleaners
Full medical assessment prior
to commencement (PEM,
Audiometry, and Spirometry &
DAS).
3.3 Health Surveillance
Various health surveillance or health related activities may be requested by Health & Safety
at any time which may include but is not limited to the following:
Pathology testing
Spirometry testing
Fit testing
Biochemical
Skin screening
Health Surveillance is conducted for the purpose of monitoring changes to a person’s health
as a result of exposure to hazardous substances in accordance with the Occupational Safety
and Health Regulations 1996.
The Shire will be responsible for Health Surveillance expenses and employees are expected
to participate where requested and reasonable.
3.4 Training
All personnel will be inducted as to the requirements and their responsibility to present to
work in a fit state as well as resources and support services available to them to help
manage this process.
Authorised collectors shall be trained and qualified. Regular audits will be completed to
ensure correct standards and protocols are maintained.
3.5 Drug & Alcohol Screens
All personnel may be subject to drug and alcohol testing on entry to site, commencement of
work or at any time whilst performing work for the Shire. Testing (other than self-testing) will
be conducted in accordance with AS/NZ Standards applicable at the time of testing by a
suitably trained, qualified collector.
The Shire has a zero (0.00%) alcohol limit, and measures drug levels in accordance with
AS/NZ Standards.
Types of testing are detailed in Appendix A.
3.6 Prescription Medication
Prior to undertaking testing, the person must advise the tester if they are taking any
medication such as over the counter or prescription. An attempt to declare after testing will
not be considered under any circumstances. Some prescription and over the counter
medication can register as a non-negative result when drug testing occurs. For example:
Codeine™ with Opioids
Codral™ with Opioids
Demazin™ with Amphetamines
Actifed™ with Amphetamines
All personnel have a responsibility to ensure they have consulted with their doctor or
pharmacist as to what effect the drug or medication may have and if there is a risk that it
may adversely affect their fitness for work, or lead to a positive test result.
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If at any time personnel is taking medication or drugs which may affect
their fitness for work, they have a responsibility to declare this to their
Direct Supervisor or Human Resources in writing. This will allow the Direct Supervisor or
Human Resources to arrange safe and suitable work tasks are assigned (where possible) or
seek appropriate information to ensure the person and/or others are not placed at risk.
3.7 Mental Wellbeing
Mental wellbeing is a crucial factor for the overall health of employees in the workplace. Both
internal and external factors can be a contributor to poor mental wellbeing and the Shire
encourages employees to self-monitor and seek assistance if/where required.
Poor mental wellbeing can present itself in many ways and may include:
Mood swings
Low energy and motivation
Anxiety and/or excessive worry
Withdrawal
Extreme confidence or energy
Where a person is considered unfit for work due to their level of mental wellbeing, they may
be stood down from duties until such time as they are deemed fit to return. Any removal from
the workplace or duties will only be done in consultation with HR.
Fatigue Management
Fatigue is a general term used to describe the feeling of being tired, drained or exhausted
and is accompanied by poor judgment, slower reactions to events and decreased skill levels.
Where the effects of fatigue and/or the nature of the work being performed induces fatigue
causing impairment to a person’s health and safety, the Shire will ensure that appropriate
and reasonable action is taken.
Identification of personnel who may be affected by fatigue may include:
Self-assessment and voluntary disclosure by the person affected
Direct observation of the persons behaviour
Following workplace incidents or investigations
Where a person is unfit for work due to fatigue, they may be stood down from duties until
such time as they are deemed fit to return. Any removal from the workplace or duties will
only be done in consultation with HR.
3.8 Employee Assistance Program
To assist personnel, the Shire’s Employee Assistance Program is available to all Shire
employees and their immediate family members. The program consists of professional
counselling services in a number of areas, which include, but are not limited to:
Drugs and alcohol
Personal affairs
Support services
Addictions
Stress
Contract companies should ensure they have a designated contact point for their personnel
to approach to and discuss any related issue. These discussions must remain confidential.
3.9 Provision for Medical Assessment
A person may be referred to a certified medical practitioner of the Shires choosing for a
fitness for work medical assessment coordinated by HR where the Shire has a genuine
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indication of the need for such examination and in deciding the need
will take into account the following:
Has there been a prolonged absence from the workplace without explanation or
evidence?
Has adequate medical information been provided to explain the absence and
demonstrate the person’s fitness for work?
What level of risk is involved in the person’s normal duties?
Are there legitimate concerns that the person’s illness or injury will impact on others
in the workplace?
Where a certified medical practitioner will not, or is unable to confirm a person’s fitness for
the stated duties, they will be requested to refer the person to a specialist. Further action will
be dependent on the fitness for duty report.
3.10 Work Related Injury or Illness
All work related injuries or illnesses will be dealt with by the Health & Safety Team in
accordance with Injury Management and/or Workers Compensations processes.
3.11 Non-Work Related Injury or Illness (NWRI)
Non work related injury or illness (including physical, mental or psychological conditions) are
those which do not arise out of the course of employment or have not been deemed
compensable under the Workers Compensation and Injury Management Act 1981.
If an employee experiences a significant non work related injury or illness that has the
potential to impact on their ability to undertake the full duties of their position, then a medical
clearance from their treating practitioner, confirming the employees abilities to undertake the
duties of their role, will be required before returning to work.
If an employee presents to work and is subsequently unable to carry out the duties of their
position, or where their Supervisor reasonably believes there is a risk to them or other
employees, the employee may be stood down in consultation with HR until independent
medical advice is received, confirming their fitness for work.
3.12 Alcohol and Drugs in Shire Workplaces
Unless there is express written permission from the CEO, no personnel are to consume or
store alcohol and/or drugs in Shire workplaces. This includes any place where work is
conducted and in Shire vehicles.
Random searches of workplaces and vehicles may be conducted which may include bag
searches.
Where an approved event has taken place in a Shire workplace, any remaining alcohol must
be removed immediately following the event.
4 RISK MANAGEMENT
4.1 Self-Management
Any person, who believes they may be unfit for work for any reason is expected to inform
their Direct Supervisor accordingly and not to commence work.
Self-management is also supported by access to hand held and wall mounted testing units,
available on request. The results from these units are for personal use only and cannot be
used as evidence.
4.2 Identify & Assess
Where it is suspected that a person has presented to work in an unfit condition or such
condition arises while at work, an assessment must be carried out and may include:
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Face to face discussion between Direct Supervisor and the
employee
Determine whether prescribed or over the counter medication may be producing their
behaviour
Assess work duties that may contribute to levels of stress or fatigue
Arrange for a medical assessment (in conjunction with HR)
Arrange for testing of alcohol and/or other drugs
Psychological/emotional assessment
Where practicable, obtain witness statement of incident involving affected person
4.3 Action
If, following an assessment, there is concern for the wellbeing of the person and their fitness
for work, then appropriate action to ensure their safety is to be taken. Such action may
include:
Arrangements for further medical treatment
Discuss in confidence with the person options to manage identified risks
Offer for appropriate and reasonable counselling such as EAP services
The person being stood down from duties and suitable transport being arranged
Inform the person they are being stood down from work pending investigation
Develop an appropriate review and case management plan if applicable
Keep in regular contact with the person, offer support and assistance where
appropriate
Consultation with HR is essential as is confidential documentation.
5 DISCIPLINARY ACTION
Section 1.07(3)(b) of the Fair Work Regulations 2009 defines serious misconduct as an
employee being intoxicated at work and as such, non-compliance with this Policy may result
in disciplinary action being taken, up to and including termination of employment, or removal
from the Shire workplace if a contractor.
Each case of fitness for work will be treated individually and will be in accordance with Shire
Policies, Standards and related Directives.
If personnel refuse a request to undertake a test in accordance with this Policy, or
intentionally leave the workplace without participating in a test, they will be deemed to have
returned a confirmed positive result. The collector must notify HR and the persons Director
immediately for all positive and non-negative cases.
6 RECORD KEEPING
All test results, whether positive or negative, will be maintained in a confidential personnel
file in accordance with recording keeping requirements.
Non-negative drug screening test result will not be considered a positive result until
confirmed by a secondary confirmatory test.
7 RELATED DOCUMENTS
Shire of Ashburton Enterprise Agreement 2017 (or superseded)
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8 APPENDICES
8.1 APPENDIX A - Types of Testing
Random Testing
It is a condition of work with the Shire that all personnel will submit to random drug and
alcohol testing if selected.
Positive results for illicit drugs, miss-use or failure to declare illicit drugs or alcohol, or other
relevant information (such as a person’s refusal to test or tamper with a sample) will be
provided to the Shire’s HR Team, CEO and relevant Director. If the person is a contractor,
this information will be provided to their employer who will be expected to implement
appropriate action in accordance with this Policy.
Blanket Testing
The Shire will administer blanket testing of personnel for drugs and/or alcohol at any time.
Blanket testing is defined as testing of persons within a defined area or work group at any
time, including consecutive testing carried out each day.
For Cause Testing
For cause testing will be carried out where:
1. There is an incident;
2. The person displays behaviour that raised concerns; or
3. There is evidence of possible recent drug or alcohol use.
Information about for cause test results may be made available if required, for any
subsequent incident investigations.
For cause testing will only be carried out following approval from HR in consultation with the
S&W Team.
Alcohol Self-Testing
Personnel may choose to regulate their own fitness for work by undertaking a self-test prior
to presenting for work.
Where following self-testing a person notifies his or her Direct Supervisor that they will not
be commencing work due to fitness for, the Direct Supervisor must make arrangements for
the safe transport of the person to their accommodation as appropriate.
NOTE: Self testing is not considered to be a positive result for the purpose of this Policy and
will be managed through appropriate performance management as an attendance issue, not
as fitness for work.
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8.2 APPENDIX B – Testing Procedure (Drugs and Illicit
Substances)
Employee stood down until GCMS or confirmatory test
conducted
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8.3 APPENDIX C – Testing Procedure (Alcohol - BrAC)
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EMP35 Gratuity
Aim To provide guidance on Council contributions or gifts upon
retirement or resignation of employees.
Application All Shire of Ashburton Employees
Statutory Environment Local Government Act 1995
Local Government Administration Regulations 1996
Principles
Shire of Ashburton 10 Year Community Strategic Plan 2017-2027
Goal 05 – Inspiring Governance
Objective 04 – Exemplary team and work environment
Approval Date OMC 18 July 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2022
Review Period 4 Years
1. POLICY STATEMENT
When an employee leaves their employment or is made redundant, they may be given a
good or service as a token of appreciation for their commitment and service to the Shire of
Ashburton.
This Gratuity Policy outlines the circumstances in which gratuity payments may be made to
an employee. This policy should be read in conjunction with section 5.50 of the Local
Government Act 1995 and Local Government Administration Regulations 1996, specifically
regulation 19a. A gratuity payment is paid in addition to any amount which an employee is
entitled to under a contract of employment or industrial instrument. This policy does not form
a contractual entitlement for any employee of the Shire of Ashburton.
2. COMMITMENT
The Shire of Ashburton is committed to recognising employees within the parameters set by
the Local Government Act 1995 and the associated regulations.
3. ELIGIBILITY FOR GRATUITY PAYMENTS
An employee may be entitled to a gratuity payment as outlined within this policy at the
discretion of the CEO, when an employee’s services are ceasing with the Local Government
for any of the reasons identified below:
• Resignation (not as a result of any performance management or investigation being
conducted by the Local Government);
• Retirement; or
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• Redundancy.
An employee who has been dismissed by the Shire of Ashburton for any reason other than
redundancy, will not be eligible to receive any Gratuity Payment under this policy.
The Chief Executive Officer is authorised to approve petty cash claims in accordance with
the limits prescribed by this policy. Funds will be allocated as part of the Local Government’s
budget preparation process.
4. PRESCRIBED AMOUNTS FOR GRATUITY PAYMENTS
The Shire of Ashburton acknowledges that at the time this policy was introduced, employees
may be entitled to payments in addition to this policy as a result of accrued unused long
service leave benefits, redundancy payments or notice periods as prescribed by, legislation
or a relevant industrial instrument.
The Shire of Ashburton has considered these provisions when setting the prescribed amount
of any gratuity payment in this policy.
Any gratuity payment will not exceed the amounts included in regulation 19A of the Local
Government Administration Regulations 1996 which were, at the time the policy was
introduced, is as below:
‘19A. Payments to employee in addition to contract or award — s. 5.50(3)
(1) The value of a payment or payments made under section 5.50(1) and (2) to an
employee whose employment with a local government finishes after 1 January 2010
is not to exceed in total —
(a) if the person accepts voluntary severance by resigning as an employee, the value of
the person’s final annual remuneration; or
(b) in all other cases, $5 000.
(2) In this regulation —
“final annual remuneration” in respect of a person, means the value of the annual
remuneration paid, or payable, to the person by the local government which employed that
person immediately before the person’s employment with the local government finished.’
5. FINANCIAL LIABILITY FOR TAXATION
The employee accepts full responsibility for any taxation payable on a gratuity payment, and
agrees to fully indemnify the Shire of Ashburton in relation to any claims or liabilities for
taxation in relation to the gratuity payment.
6. PAYMENTS IN ADDITION TO THIS POLICY
The Shire of Ashburton agrees not to make any gratuity payment in addition to that
contained within this policy until the Policy has been amended to reflect the varied amount
and the Shire of Ashburton has caused local public notification to be given in relation to the
variation.
7. FINANCIAL IMPLICATIONS
The Shire of Ashburton acknowledges that at the time the policy was introduced, the
financial implications to the Shire of Ashburton were understood and that these financial
implications had been investigated based on the workforce position current at that time.
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The Shire of Ashburton will take reasonable steps to notify employees
prior to the variation of this policy or the introduction of any new
gratuity policy.
8. CONSEQUENCES OF BREACHING THIS POLICY
The policy constitutes a lawful instruction to anyone involved in administering a gratuity
payment. Any breaches of the policy may lead to disciplinary action.
9. VARIATION TO THIS POLICY
This policy may be cancelled or varied from time to time. All the organisation’s employees
will be notified of any variation to this policy by the normal correspondence method.
10. ASSOCIATED DOCUMENTS
External
• Nil
Internal
• Nil
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EMP37 Salary Sacrifice
Aim To outline the parameters for the provision of various Salary Packaging options
Application All Staff
Statutory Environment
Shire of Ashburton Enterprise Agreement
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 - Exemplary team and work environment
Approval Date OMC 18 December 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2020
Review Period Every 2 years
OBJECTIVE
The objective of this policy is to provide the guiding document for the provision of various
salary packaging options to eligible Shire of Ashburton employees. Salary Packaging is
primarily an attraction and retention tool and hence this policy aims to increase staff
attraction and retention.
POLICY STATEMENT
This Policy is applicable to all full time, part time and fixed term employees (longer than
12 months duration). It provides for the salary packaging of an Allowable Benefit with
specific eligibility criteria applicable relevant to the Allowable Benefit sought. For clarity
superannuation is already offered as a salary packaging benefit by Council and will continue
to be offered outside of this Policy to all employees including casual employees.
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Term Meaning
Allowable Benefit Refers to the following range of Salary Packaging Benefits:
Work related items – i.e. laptops, mobile phones.
Aquatic/Leisure Centre and Child Care Fees (at Shire operated
premises only).
Novated Leasing of Vehicles.
Remote Area Housing Benefit.
o Rental
o Mortgage Interest
o Remote Area Domestic Energy
Airline Lounge Membership.
ATO Australian Taxation Office.
Base Cash Salary Remuneration in accordance with relevant workplace agreement or
contract of employment paid by way of regular periodic cash
payments subject to PAYG tax. This does not include superannuation
guarantee contributions.
Benefit Any non-cash benefit and cash payment (other than base salary)
made or expected to be made for the benefit of the employee.
Fringe Benefit
Tax (FBT)
Tax payable by the Shire to the Government on some categories of benefits provided to employees.
FBT Year 1 April to 31 March each year.
Management Any employee who has direct responsibility for supervision of one or
more workers.
PAYG Pay As You Go taxation.
Remote Area Area which is one of the following:
At least 40 kms from an urban centre with a population of 14,000
or more.
At least 400 kms from an urban centre with a population of
130,000 or more.
Salary Packaging An arrangement between an employee and employer whereby the employee elects to exchange Base Cash Salary for a Benefit but for the purposes of this Policy does not include. superannuation
Total Remuneration
Total package value assigned to the permanently occupied position that the employee is entitled to receive under an agreement or contract of employment with the Shire expressed as an annual sum.
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ONTENT
Salary Packaging will be made available to employees as a benefit in accordance with Shire
internal procedures and in accordance with ATO legislation, rulings, and any other relevant
legislation, as amended from time to time, but only to the extent of an Allowable Benefit as
defined in this Policy.
Salary packages will be adjusted accordingly (within an employee’s agreed Total
Remuneration) to account for variations in a salary packaging arrangement, including
variations in an Allowable Benefit, taxation, and scheme participation.
Salary Packaging arrangements will be administered at minimal financial cost to the Shire and
where required by the CEO, by an external Salary Packaging provider approved by the Shire.
As part of any Salary Packaging arrangement, the cost of administering the package (if
applicable) is to be met by the participating employee.
Any Fringe Benefits Tax (FBT) or other tax liability is to be met by the participating employee.
All employees entering into a Salary Packaging arrangement must enter into an agreement
appropriate to the type of Benefit. All employees must ensure compliance with the agreement
entered into and all organisational practices and procedures, as amended from time to time.
It is an individual employee’s responsibility to monitor packaging arrangements and to be
aware of and responsible for any individual consequences of participating in an arrangement
relating to an Allowable Benefit. The Shire strongly urges employees contemplating Salary
Packaging to seek independent financial or other appropriate advice. Benefits of participation
will vary according to individual circumstances and individual participation, therefore
participation is a matter of individual employee decision, responsibility and risk.
RESPONSIBILITIES
Elected Members are responsible for:
Adopt and review this policy on a periodic basis as required.
CEO is responsible for:
Endorse and enforce all standards documented in this policy;
Endorse and enforce Salary Packaging internal procedures which include, but are
not limited to:
o Eligibility and participation criteria
o Rules for application of Salary Packaging;
o Processes and/or forms to ensure an effective, compliant scheme;
o Information capture requirements;
o Training requirements.
Regularly review Salary Packaging opportunities to continuously identify
opportunities for improved attraction and retention of staff;
Establish mechanisms to monitor compliance with this policy; and
Establish processes to deal with instances of non-compliance to this policy or related
internal procedures.
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ELIGIBILITY
Specific eligibility and participation criteria apply dependant on an employee’s employment
status at a point in time, and the Allowable Benefit provided. The Shire’s internal procedures
detail criteria further to that outlined below.
Work Related Items
The following items, where used for work purposes only and not provided by the Shire, may
be paid for from an employee’s pre-tax salary:
• portable electronic devices (laptops, mobile phones and PDA’s)
• protective clothing
• briefcase
• calculator
• computer software
There is a limit of one item per category per FBT year. Novated Leasing of Vehicles
Novated car leases for new or used cars may be packaged by employees. A car classified as
‘luxury’ by the ATO cannot be salary packaged. Novated leases may not be entered into for
Shire provided (fleet) vehicles.
In entering into a novated lease, Council and an employee will enter into an agreement with
the financier whereby Council will ensure repayments under the finance lease are made by
deducting the repayment amount from the employee’s salary.
The employee will own the vehicle and has the right to take the vehicle with them should they
leave employment of the Shire, with responsibility for the vehicle passed on to the employee.
Remote Area Housing
Eligible employees may salary package the following items under this Policy:
Rent - Private Rentals
Employees renting privately (i.e. employees who have a rental agreement with a landlord or
agency), within a Remote Area can apply to salary package 50% of their rental value tax free
through being paid part of their Total Remuneration as a non-taxable remote housing
reimbursement. Their Base Cash Salary will be reduced accordingly.
Mortgage Interest
Subject to qualifying criteria outlined in the Shire’s operational practice and procedure,
employees with a mortgage on their home which is in a Remote Area can apply to salary
package their interest expenses on the mortgage. The home must be their usual place of
residence.
The employee receives reimbursement of 100% of their interest expenses paid through being
paid part of their Total Remuneration as a reimbursement. Their Base Cash Salary will be
reduced accordingly. 50% of the reimbursement does however attract FBT, which is payable
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by the employee. The reimbursement is not a reportable fringe benefit
and is therefore exempt from payment summary reporting.
The employee is only able to package interest paid during the period of their employment with
the Shire of Ashburton.
Remote Area Domestic Energy
Subject to qualifying criteria outlined in the Shire’s internal procedure, employees who
package remote area housing benefits can apply to salary package 100% of the value of the
cost of their residential electricity and gas expenses tax free through being paid part of their
Total Remuneration as a reimbursement. Their Base Cash Salary will be reduced accordingly.
50% of the reimbursement does however attract FBT, which is payable by the employee. The
reimbursement is not a reportable fringe benefit and is therefore exempt from payment
summary reporting.
The employee is only able to package energy costs paid during the period of their employment
with the Shire and for the period that they are / have been claiming a remote housing benefit.
Airline Lounge Membership
Employees can apply to salary package the cost of the following:
• Airline lounge membership joining fee
• Airline membership annual renewal fee
Their Base Cash Salary will be reduced accordingly. These membership fees are “tax free”
when provided to an employee as part of a Salary Packaging arrangement.
Membership fees to more than one airline lounge facility are permitted.
Frequent Flyer membership fees are not eligible for salary packaging as they do not give an
entitlement to use an airline lounge facility.
ASSOCIATED DOCUMENTS
Internal: EMP19 Residential Employee Accommodation (Directive)
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5. ENGINEERING
ENG01 Street Lawns and Gardens
Aim This policy has been developed to outline guidelines for the installation and maintenance of street road reserve lawns and gardens.
Application All Staff
Statutory Environment
Local Government Act 1995
Principles Community Strategic Plan 2017 – 2027 Goal 04 – Quality Services and Infrastructure Objective 01 – Quality public Infrastructure
Approval Date OMC November 2018
Monitor and Review Infrastructure Services
Last Review 2018
Next Review 2022
Review Period 4 years
OBJECTIVE: 1. In this policy unless the context otherwise requires: "Carriageway" means a part of a road used for vehicular traffic and includes the shoulders
and areas including embankments at the side or centre of the road used for the standing or parking of vehicles but does not include a lane, right of way or driveway.
"Footpath" includes the part of a road reserve as an established footway, pavement, lane
or thoroughfare set apart or constructed for the use of pedestrians and where any part of a road is not set apart or constructed is the portion on both sides of a road reserve three metres in width measured from the property line and extends along the reservation.
"Garden" means an area within a road reserve, which is developed or treated with plants
and materials other than lawn grass. "Intersection" includes the area comprised within the extension of straight lines from the
adjoining property title lines abutting two or more roads that meet each other; except where the property lines are curved at any corner it is the extension of the curved property lines to the point where they meet.
"Lawn" means an open space area within a road reserve planted with grass and/or trees or shrubs planted by the Shire or by the landowner immediately adjacent with the approval of the Shire.
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"Property line" means the boundary between the occupied land and the road reserve.
2. Existing lawns and gardens established by adjoining owners/occupiers prior to the adoption
of this Policy shall be exempt from the requirements of a Shire permit for these works. 3. (1) A person shall not plant a garden in a street road reserve without a permit issued by
the Shire in accordance with this Policy. (2) The Shire shall only issue a permit for the planting of a garden in any portion of a
street road reserve to the owner or occupier of the land abutting that portion of the street road reserve.
(3) An applicant for a permit to plant a garden in a street road reserve shall submit to the
Shire a sketch plan setting out details of the proposed garden, including the plants, trees and shrubs in relationship to the road assets and the trafficable carriageway.
(4) The Council may issue a permit with conditions as it sees fit to be complied with by
the applicant. (5) The general compliance conditions for the establishment of a lawn or garden in a
street road reserve are as follows:
It is limited to the frontage of the land that abuts the area owned or occupied.
It does not encroach on the pavement of a carriageway or on a made footpath.
It complies with any levels and grades established by the Shire and is a condition on the permit.
It does not contain shrubs which are hazardous nature or grow to a height or other dimension causing an obstruction or impairs the vision of motorists travelling along the carriageway or persons along the footpath within the street road reserve.
The location of all services are to be determined prior to works commencing and any subsequent damage will be repaired at the cost of the permit holder recovered by the respective utility authority or corporation..
4. A person shall not water a street lawn or garden in such manner to cause inconvenience
or obstruction to persons using the adjoining carriageway or footpath. 5. (1) On the establishment of the lawn or garden in a street road reserve by a permit
holder all reasonable maintenance of the lawn or garden shall be undertaken including the repair of any subsequent damage. The lawn specifically shall be kept to a reasonable height.
(2) Fences, enclosure or other obstruction on or about a lawn or garden in a street road
reserve are prohibited. (3) Plants, trees or shrubs are not to exceed 0.75 metres in height and are not to be
within 12 metres of an intersection. 6. (1) Where the Shire, any other authority or corporation authorised to undertake works
within a street road reserve may give notice to the owner or occupier of the land
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abutting on the lawn or garden to remove the installation and any piping until the completion of their works. Where the owner or occupier does not comply with the notice, these will be removed at the expense of the owner or occupier and this may be recovered by due remedy.
(2) The Shire, any other authority or corporation is not liable for damage to any lawn,
garden or piping installed by the adjoining owner/occupier in a street road reserve as a result of carrying out authorised works.
7. Any garden treatment of material other than lawn or garden plants shall be subject to a
Shire permit and a sketch plan is to be submitted setting out the location of the treatment and details of the materials to be used.
8. The permit application shall be considered by the Shire in accordance with this Policy and
it will be approved with conditions or not approved, 9. Each application for a permit will be considered on its merits including the intent to minimise
water consumption by plant ground cover treatments and other material treatments. 10. In the special treatment of street road reserve verges under this policy the following applies:
Any materials for paving other than paving blocks, paving bricks, pre-cast concrete slabs must be approved by the Shire;
Excessive verge treatments will not be approved.
Paved areas on the street road reserve in a residential area for purposes other than landscaping or a pedestrian thoroughfare is prohibited.
An even grading of the lawn, garden or materials is to be achieved with limited vertical contouring.
11. The Shire shall not be liable for any damage sustained by a person by reason of or arising
out of the planting, placement, or existence of a lawn, garden, landscaping, pavement or other materials in a street road reserve.
In the application for a permit:
a) The applicant must demonstrate they the owner of the land which abuts the road reserve verge and indemnify the Council against liability in respect of any injury or damage caused to any person or property by the treatments described above.
c) If the Applicant is the occupier of the land which abuts the road reserve verge
they must, include the written consent of the owner of that land together with a statement from the owner indemnifying the Council against liability as prescribed in the preceding clause.
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ENG06 Temporary Road Closures
Aim To clarify Council’s role when closing roads for which the Council has responsibility.
Application All Staff
Statutory Environment
Local Government Act 1995 Section 3.50(1a) and 3.50(4)
Principles Community Strategic Plan 2017 – 2027 Goal 04 – Quality Services and Infrastructure Objective 02 – Accessible and Safe Towns
Approval Date OMC 20 November 2018
Monitor and Review Infrastructure Services
Last Review 2018
Next Review 2022
Review Period 4 years
OBJECTIVE Unless otherwise stated, the Shire shall practice its rights and obligations to close, and subsequently re-open any road under its responsibility in accordance with provisions of the Local Government Act 1995, and the Local Government (Functions and General) Regulations 1996. Specifically, where the Shire is required to issue local public notice, the broadcast of road status via the Councils Road Condition Reports, from time to time occur as conditions change, and the issue of local public notice shall be in accordance with Section 1.7 of the Local Government Act 1995. Furthermore, where the Shire can reasonably determine that a road closure is expected to exceed a period of twenty-eight (28) days, the Shire shall:
Give local public notice, in newsprint generally circulating in the district, giving details of the proposal to close such road;
Give written notice to each land owner/occupier likely to be affected by the proposal to close such road; and
Invite public comment on the proposal to close such land. Where a road closure inadvertently exceeds a period of twenty-eight (28) days, the Council shall meet its obligations under provisions of the Local Government Act 1995. *** Note - Road closures for Roadworks will require an approved Traffic Management Plan and Working in a Shire Reserve permit.
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EXCEPTIONAL PERMITS Section 3.50 (2) of the Local Government Act allows the Shire to limit road closures to vehicles of any class, to particular times or to such other case or class of case as may be specified in the order and may contain exceptions. To this end, the Shire recognises the need for remote residents to access supplies. It is therefore the intention of this policy to allow exceptions to approved vehicles granting limited access to traverse on selected closed roads. Applicants seeking an exception to travel on a closed road must make formal application (Form SOA IS 020 Application for Exception to Travel on a Closed Road) to the Shire prior to undertaking any journeys on any closed road. Where appropriate, the Shire may grant exceptions to pastoralists, Aboriginal Communities and Mining Enterprises on an as needs basis. The exception must be of an urgent nature and shall not be considered for the purposes of convenience to the applicant. All applications shall be submitted to the Shire for consideration, on a case-by-case basis.
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ENG08 Bush Fire Policy
Aim
To establish and maintain a Bush Fire Brigade in accordance with Part V of the Bush Fires Acts 1954, as amended, in order to provide adequate fire protection for those areas within the municipality and to carry out any identified hazard reduction having due regard at all times for the preservation of the natural environment.
Application All Staff
Statutory Environment
Local Government Act 1995 - 2.7 (2) (b) Bush Fires Act 1954
Principles Community Strategic Plan 2017 – 2027 Goal 04 – Quality Services and Infrastructure Objective 02 – Accessible and Safe Towns
Approval Date OMC 24 October 2017
Monitor and Review Property & Development Services
Last Review 2017
Next Review 2018
Review Period Annually
TABLE OF CONTENTS
1. Bush fire advisory committee meetings
2. Meetings of the bush fire brigade
3. Standard operating procedures
4. Bush fire control officer appointments
5. Authority of chief & deputy chief bush fire control officers
6. Firebreak order – exemptions
7. Personal protective equipment
8. Fire appliances – repairs, servicing and modifications
9. Duties of Rangers at fires
10. Hazard reduction within the gazetted townsites
11. Fires outside the Shire of Ashburton
12. Use of Council plant – fire emergencies
13. Training arrangements
14. Fire fighters meals – fire services incidents
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15. Use of fuel cards by bush fire brigades
16. Minimum driver training Shire of Ashburton fire appliances
17. Use of brigade appliances
18. Purchase of equipment for bush fire brigades
19. Bush fire brigade membership
20. Brigade members - training & commitment
21. Criminal history checks
22. Use of warning lamps and audible warning systems
23. Brigade officer qualifications
1. BUSH FIRE ADVISORY COMMITTEE MEETINGS
1.1 INTRODUCTION
The Shire of Ashburton Bush Fire Service comprises one Brigade whose members are all
trained volunteers. Council seeks input from these members and other key stakeholders on
matters relating to relating to bush fire prevention and control through the Shire of Ashburton
Bush Fire Advisory Committee.
This Policy specifies when Bush Fire Advisory Committee Meetings are to be held, and the
minimum issues Council seeks the Advisory committee to address.
1.2 OBJECTIVE
1. To specify a minimum number of Bush Fire Advisory Committee Meetings to
be held in any year;
2. To specify what items are required to be considered at these meetings,
except general agenda items;
3. To specify the membership of the Bushfire Advisory Committee and the
numbers of members required to constitute a quorum.
1.3 POLICY STATEMENT
The Bush Fire Advisory Committee shall meet a minimum of two times per year with the
meetings being held prior to and after the fire (April & September) season. The Chairperson
shall be the Shire of Ashburton President or their nominated delegate. In their absence the
Chief Bushfire Control Officer will act as the Chairperson.
The following items shall be considered at the post fire (April) season meeting of the Bush
Fire Advisory Committee each year:
1. The report from the Brigade Captain on the fire season activities and other Brigade
related issues;
2. Bush Fire Brigade budget requests for items that fall outside of the Local
Government Grants Scheme (ESL) eligibility;
3. Nominations for the National Medal.
The following items shall be considered at the pre fire (September) season meeting of the
Bush Fire Advisory Committee each year:
a) Appointment of Fire Control Officers;
b) the draft Section 33 Notice in regards to Fire Breaks;
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c) Capital items for the forthcoming Local Government Grants
Scheme (ESL) due in January each year.
Membership of the Bush Fire Advisory Committee shall comprise of:
Membership:
Shire of Ashburton President
Two Shire of Ashburton Council Representatives
Chief Bush Fire Control Officer
Deputy Chief Bush Fire Control Officers
Bush Fire Control Officers
Chief Executive Officer
Pastoralists Representative or Delegate
Director Development & Regulatory Services
Shire of Ashburton Senior Ranger
Captain or Delegate Tom Price Volunteer Bushfire Brigade
Captain of the Tom Price PVFRS or Delegate
Captain of the Paraburdoo PVFRS or Delegate
Captain of the Pannawonica PVFRS or Delegate
Rio Tinto Representatives
(EMA Tom Price, Greater Paraburdoo, Greater Brockman)
FMG Solomon Emergency Management Supervisor
Ex Officio
CBFCO City of Karratha (FCO)
CBFCO Shire Town of Port Headland (FCO)
CBFCO Shire of Exmouth (FCO)
DFES Representatives
DPaW Representatives
All of whom (except Ex Officio representatives) shall have equal voting rights except in the
case of a tied vote; here the Chairperson shall also exercise a casting vote in addition to a
deliberative vote.
Minutes and recommendations from the Advisory Committee will be presented to for
discussion and referral to Council as soon as practicable after each meeting.
Quorum shall be eight presiding members.
Terms of Office
a. Each committee member will be nominated annually at the post fire (April)
season meeting by the committee for Council’s ratification;
b. The Council may accept the resignation in writing of, or remove any member of
the committee.
Appointment of Committee Members
The Council shall endorse the appointment of new Committee members or when a vacancy
occurs in the office of a member of the Committee.
District Committees
The Chief Bush Fire Control Officer his/her delegate is to represent Council, in relation to
their Bush Fire obligations, at Local Emergency Management Committee (LEMC) meetings
and District Operations Advisory Committee (DOAC) meetings or other district meetings as
required
2. MEETINGS OF THE BUSH FIRE BRIGADE
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2.1 INTRODUCTION Bush Fire Brigades are established by the Shire of Ashburton under
powers conferred upon the Council by the Bush Fires Act 1954. The Shire of Ashburton
Bush Fire Service comprises of one Bush Fire Brigade whose members are all trained
volunteers. The Bush Fire Brigade may hold meetings on such days and at such times the
Bush Fire Brigade thinks fit.
This Policy specifies when and what type of meetings the Bush Fire Brigade are to be held,
the quorum required and voting rights of Brigade members
2.2 OBJECTIVE
1. To specify a minimum number of Ordinary Meetings the Bush Fire Brigade is to conduct in
any year;
2. To specify what items are required to be considered at these meetings, except general
agenda items;
3. To specify what type of meetings the Bush Fire Brigade can conduct.
2.3 POLICY STATEMENT
ORDINARY MEETINGS
The Bush Fire Brigade shall conduct a minimum of four Ordinary Meetings per year with at
least one meeting being held prior to and one meeting after the fire (April & September)
season. The Chairperson shall be the Captain or their nominated delegate. The Chief
Bushfire Control Officer will act as the Secretary and minute the meeting. A copy of the
meeting minutes is to be forwarded to the BFAC.
The following items shall be considered at the post fire (April) season meeting of the Bush
Fire Brigade each year:
1. The report from the Brigade Captain on the fire season activities and other Brigade related
issues;
2. Bush Fire Brigade budget requests for items that fall outside of the Local Government
Grants Scheme (ESL) eligibility;
3. Nominations for Service Medals Medal.
The following items shall be considered at the pre fire (September) season meeting of the
Bush Fire Advisory Committee each year:
Capital items for the forthcoming Local Government Grants Scheme (ESL) due in January
each year.
ANNUAL GENERAL MEETINGS
The Bush Fire Brigade shall hold an Annual General Meeting prior to the end of August each
year.
At the AGM the Brigade is to:
Elect the Bush Fire Brigade Officers from amongst the Brigade members.
Voting will occur for positions in the following order:
Brigade Captain; Term 2 year.
Brigade Lieutenants; Term 2 year (up to 4 Lieutenants).
Brigade Equipment Officer; Term 2 year.
Secretary; By Brigade Resolution, the Shire of Ashburton CBFCO.
Elections will be conducted by secret ballot.
Deal with any general business that is outstanding.
SPECIAL MEETING
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The CBFCO or the Bush Fire Brigade Captain may convene a special
meeting of the Bush Fire Brigade if requested by an Active Brigade
Member or when required due to a vacancy in the Officer Group.
OFFICERS GROUP MEETING
The Bush Fire Brigade Officers Group may hold meetings on such days and at such times it
thinks fit to streamline line Brigade management and facilitate Brigade communication with
key stakeholders. A report in the form of an email or discussion at the next Ordinary Meeting
must be provided to all Bush Fire Brigade members.
2.6 QUORUM
The quorum for a meeting of a Brigade is at least 20% of the number of voting members of
that Brigade. No business is to be transacted at a meeting of the Bush Fire Brigade unless a
quorum of Brigade members is present in person or by authorised proxy.
2.7 VOTING
Each member is allowed one vote at a meeting of the Bush Fire Brigade. If a voting member
is unable to attend a meeting they may lodge an absentee vote or nominate another member
as their proxy.
If the meeting Chair is willing to accept electronic lodgement, an absentee vote may be
emailed to the meeting Chair The absentee voter must be aware of the reduced
confidentiality of this method.
3. STANDARD OPERATING PROCEDURES
3.1 INTRODUCTION
DFES has a set of Standard Operating Procedures relevant to the everyday operation of
Bush Fire Brigades. The Standard Operating Procedures have been widely accepted and
adopted by most local governments in Western Australia.
3.2 OBJECTIVE
The objective of this Policy is to adopt DFES Standard Operating Procedures as Council’s
Bush Fire Brigades Standard Operating Procedures.
3.3 POLICY STATEMENT
That the Shire of Ashburton adopts the Standard Operating Procedures relating to Brigades
and Local Authorities as outlined in the DFES Standard Operating Procedures applicable to
Bush Fire Fighting and Incident Control as Council’s Bush Fire Brigades Standard Operating
Procedures.
4. BUSH FIRE CONTROL OFFICER APPOINTMENTS
4.1 INTRODUCTION
Within the Bushfire Brigades, there are various officers appointed by Council to undertake
various roles and responsibilities. The persons occupying these positions, although
volunteers, are nonetheless officers of the Council and are appointed by the Council (under
section 38 of the Bush Fires Act 1954) upon their nomination by the Brigade and
endorsement by the Bush Fire Advisory Committee.
This policy provides the eligibility criteria for a person to be appointed as a Bush Fire Control
Officer.
4.2 OBJECTIVE
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1. To ensure that a person has the relevant qualifications
necessary to hold the position of Fire Control Officer;
2. To ensure that these qualifications are maintained by the appointed Bush Fire
Control Officer.
4. 3 POLICY STATEMENT
1. To be eligible for appointment as a Bush Fire Control Officer a person must have
completed the Bush Fire Control Officer Training Program;
2. Notwithstanding Item 1 above, a person will be eligible for appointment as a Bush Fire
Control Officer if they complete the Bush Fire Control Officer Training Program within 12
months of appointment;
3. For a person to continue as a Bush Fire Control Officer they must complete the Bush
Fire Control Officers Course or a Refresher Course at intervals of no more than every 2
years;
4. Yearly notification is made to Council of Brigade Officers to be appointed as Fire Control
Officers;
5. A Fire Control Officer shall not issue a Permit to Burn without consultation from the Chief
or Deputy Chief Bush Fire Control Officer.
5. AUTHORITY OF CHIEF & DEPUTY BUSH FIRE CONTROL OFFICERS
5.1 INTRODUCTION
Within the Shire of Ashburton Fire Services, a formal hierarchy exists in accordance with the
Bush Fires Act 1954 to provide a chain of command at multi brigade incidents. The two most
senior positions are those of Chief and Deputy Chief Bush Fire Control Officer.
This Policy recognises the need for the Chief and Deputy Chief Bush Fire Control Officer to
act quickly in an emergency wild fire situation where that wild fire is beyond the resources of
the Shire of Ashburton Fire Services.
5.2 OBJECTIVE
1. To specify which persons may incur expenses on behalf of Council;
2. To specify the extent of the authority to expend Council funds.
5.3 POLICY STATEMENT
1. The Chief Bush Fire Control Officer, Deputy Chief Bush Fire Control Officer and Captain
plus First, Second, Third and Fourth Lieutenants of the Tom Price Volunteer Bush Fire
Brigade are authorised to engage contractors or incur expenses of up to $5,000 on
behalf of Council;
2. Item 1 of the Policy above only applies to incidents where the Shire of Ashburton is the
Controlling agency and the incident is beyond the resources of the Shire of Ashburton;
and
3. Expenditure of an amount likely to exceed $5,000 requires the approval of one of the
following Council Employees:
a. Chief Executive Officer;
b. Director Development & Regulatory Services.
6. FIREBREAK ORDER – EXEMPTIONS
6.1 INTRODUCTION
In accordance with the provisions of Section 33 of the Bush Fires Act 1954, the Shire of
Ashburton adopts an annual Firebreak Notice specifying the minimum standards of fire
prevention measures to be undertaken by land owners.
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For varying reasons of terrain, natural water courses, stands of
significant vegetation or other reasons, it may not be possible or
desirable for the land owner to meet Councils requirements.
In order to avoid receiving an infringement notice for failing to comply with the requirements
of the Firebreak Order, the land owner, in accordance with the Order, needs to obtain the
approval of the Shire for an exemption from, the requirements of the Order.
This Policy is intended to provide a procedure to deal with applications for firebreak
exemptions to the annual Firebreak Order.
6.2 OBJECTIVE
To specify which persons are authorised to approve applications for firebreak exemptions
and variations to the annual Firebreak Order.
6.3 POLICY STATEMENT
1. The Chief Executive Officer or Chief Bush Fire Control Officer are authorised to
approve or refuse applications made for Firebreak Order exemptions;
2. Exemptions so granted shall be issued in writing by the Shire of Ashburton for a
period of no more than 3 years.
7. PERSONAL PROTECTIVE EQUIPMENT
7.1 INTRODUCTION
Bush Fire brigades are created by Council pursuant to Section 41 of the Bush Fires Act
1954. As Brigades are under the control of the Shire of Ashburton, the Shire has a duty of
care to Brigade members to ensure that they are suitably equipped and protected to carry
out their roles as fire fighters.
This Policy provides for the issue of personal protective equipment to brigade members.
7.2 OBJECTIVE
1. To specify what personal protective equipment will be supplied by the Shire of
Ashburton;
2. To specify when brigade members can wear the personal protective equipment;
3. To specify that a register of personal protective equipment issued to brigade members
must be kept by the relevant Chief Bush Fires Control Officer.
7.3 POLICY STATEMENT
1. The Shire of Ashburton shall issue all volunteers with DFES approved Level 1 Personal
Protective Equipment consisting of:
a. Level 1 Tunic;
b. Level 1 Trousers;
c. Level 1 Helmet;
d. Level 1 Gloves;
e. Bush Fire Boots;
f. Goggles;
g. P2 facemasks.
The PPE kit remains the property of the Shire of Ashburton at all times. Upon termination or
resignation from the Brigade, all kit must be returned to the Brigade for re-issue to other
active members. Failure to return the kit to the Brigade will result in the issue of an invoice
for the replacement cost of a new PPE kit.
Failure to pay or return the issued gear will result in legal action being undertaken by the
Shire of Ashburton to recover the items or replacement costs. All members are responsible
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for the care and maintenance of all PPE issued to them.
2. Chief Bush Fire Control Officer or Captain shall require that a brigade member
completes the attached form acknowledging that they have received the personal
protective equipment and that they undertake to return the equipment if they cease to be
an active member of the Brigade. Allocation of PPE is also to be entered on to the
Station Software Program that the Brigade use. Personal Protective Equipment shall
only be worn at fire incidents and bona fide Brigade activities
8. FIRE APPLIANCES – REPAIRS, SERVICING & MODIFICATIONS
8.1 INTRODUCTION
Bush Fire brigades are created by Council pursuant to Section 41 of the Bush Fires Act
1954. As Brigades are under the control of the Shire of Ashburton, the Shire has a duty of
care to Brigade members to ensure that all equipment provided for Brigade use is
maintained to the correct standard and that any modifications do not compromise the
operational safety of the equipment.
This policy seeks to specify the procedures to be followed when Council owned fire
appliance require repairs, servicing or modifications.
8.2 OBJECTIVE
1. To provide an interpretation for the following terms:
a. minor repair;
b. minor modification;
c. major modification.
2. To specify the procedure to be followed when fire appliances require repairs or
modifications;
3. To specify the frequency of routine scheduled servicing of fire appliances.
8.3 POLICY STATEMENT
In this policy:
“Repairs” means to restore to good condition, renovate, mend, remedy or set right again
any part of a fire appliance as approved.
“Minor modification” means to change or alter a component of a fire appliance where the
modification will not affect the specifications of the fire appliance and where the modification
work as approved.
“Major modification” means to change or alter a component of a fire appliance where the
modification will affect the specifications of the fire appliance and the modification work as
approved.
1. A Purchase Order for all repairs and modification shall be obtained from the Chief
Executive Officer or Chief Bush Fire Control Officer prior to the work being
undertaken;
2. Minor and major modifications shall be authorised by the Chief Executive Officer
and/or Chief Bush Fire Control Officer after consultation with DFES Operations
Command Pilbara;
3. All Council owned fire appliances are to be serviced by an appropriately qualified
company as required.
9. DUTIES OF RANGERS AT FIRES
9.1 INTRODUCTION
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Pursuant to Section 38(1) of the Bush Fires Act 1954 Shire of
Ashburton Rangers may be appointed as authorised Fire Control
Officers.
It is the function of Volunteer Bush Fire brigades to suppress wild fires within the Shire of
Ashburton. However, in performing this function, the Officer in control of the fire may enlist
other services or agencies as required.
This policy seeks to specify when the Shire Rangers are requested by the Incident Controller
or Chief Executive Officer or delegate to attend fire emergencies and the role of that officer
at same.
9.2 OBJECTIVE
1. To specify when the Shire Ranger is to attend fire services incidents;
2. To specify the Shire Ranger’s role at fire services incidents.
9.3 POLICY STATEMENT
1. The Shire Ranger shall attend fire emergencies only at the request of the Incident
Controller or Chief Executive Officer or delegate;
2. At fire emergencies the role of the Shire Ranger is to:
a) assist the Incident Controller in establishing a forward control point;
b) provide essential communications assistance;
c) provide forward reconnaissance;
d) provide the Incident Controller with logistical support.
10. HAZARD REDUCTION WITHIN THE GAZETTED TOWNSITES
10.1 INTRODUCTION
The Shire of Ashburton is responsible for the reduction of fire hazards on land under its
control. This land includes road and drainage reserves as well as public open space. This
Policy provides for the burning of road and drainage reserves within the Shire of Ashburton
for fire hazard reduction and maintenance purposes.
10.2 OBJECTIVE
1. To specify who can conduct burning on road and drainage reserves under the care,
control and maintenance of the Shire of Ashburton;
2. To ensure that persons involved in burning are trained to do so, in a safe manner;
3. To ensure that adequate appliances and/or machinery are available to facilitate the safe
burning of road and drainage reserves.
10.3 POLICY STATEMENT
1. All hazard reduction burns identified within the Shire of Ashburton Townsites are to be
carried out in consultation with the Chief Bush Fire Control Officer and the Captain of the
Private Fire and Rescue Service Brigades in Tom Price, Paraburdoo and Pannawonica
and the Onslow Volunteer Emergency Services Unit;
2. Officers so authorised by Council shall issue permits to burn verge/drainage reserves to
the following organisations only:
a. Private Fire and Rescue Service Brigades in Tom Price, Paraburdoo and
Pannawonica and the Onslow Volunteer Emergency Services Unit.
b. Council’s Bush Fire Brigades;
3. A Fire Control Officer shall not issue a Permit to Burn without consultation from the Chief
or Deputy Chief Bush Fire Control Officer;
4. The Chief Bush Fire Control Officer shall be notified of a burn under this Policy.
11. FIRES OUTSIDE THE SHIRE OF ASHBURTON
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11.1 INTRODUCTION
Bush Fire brigades across the region operate in an environment of
“mutual support”, where Brigades in areas not under immediate threat from wild fire will
assist at incidents which are beyond the capacity of the controlling agency.
This Policy recognises the need for the Shire of Ashburton to be able to assist other local
authorities and emergency services where they request our assistance with an incident that
is outside of the local government area of the Shire of Ashburton.
11.2 OBJECTIVE
1. To specify that the Shire of Ashburton is available to assist at incidents outside of the
Shire of Ashburton;
2. To specify which officers are delegated to approve the response of Shire of Ashburton to
incidents outside of the Shire of Ashburton.
11.3 POLICY STATEMENT
1. The Shire of Ashburton shall be available to attend incidents outside the Shire of
Ashburton where their assistance is requested by the controlling agency for that incident;
2. A Bush Fire Brigade shall not attend an incident outside of the Shire of Ashburton unless
their response is authorised by the Chief or Deputy Chief Bush Fire Control Officer and
Chief Executive Officer;
3. The Chief Bush Fire Control Officer shall be notified as soon as a fire appliance is
dispatched to an out of district fire.
12. USE OF COUNCIL PLANT – FIRE EMERGENCIES
12.1 INTRODUCTION
It is the function of Volunteer Bush Fire brigades to suppress wild fires within the Shire of
Ashburton. However, in performing this function, the Officer in control of the fire may enlist
other services or agencies as required
This Policy provides that Council plant may be used to assist at an incident and specifies
which officers can approve the use of the plant.
12.2 OBJECTIVE
1. To specify when plant may be used at a fire emergency; 2. To specify which employees can authorize the use of Council Plant at fire emergencies; 3. To specify that plant operators have a minimum level of training before attending fire
service incidents/civil emergencies; 4. To specify who will be responsible for costs associated with the use of Council plant at
fire emergencies.
12.3 POLICY STATEMENT
The Shire of Ashburton, where practicable, shall make its plant available for use at fire
emergencies.
Council Employees authorised to permit the use of Council plant at fire services
incidents/civil emergencies are:
1. Chief Executive Officer;
2. Chief/Deputy Chief Bush Fire Officer;
3. Director Infrastructure Services;
4. Director Development & Regulatory Services;
5. Brigade Officers.
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Council employees operating the plant shall have completed
introduction to Bush Fire Fighting.
Where Council plant is utilised in accordance with Part 1 above, expenses are to be met by
Council unless the expenses can be recovered by insurance procedures or Bush Fire
Financial Assistance (DFES SAP 3.1.A) as approved by DFES Operations Command
Pilbara
13. TRAINING ARRANGEMENTS
13.1 INTRODUCTION
Bush Fire brigades are created by Council pursuant to Section 41 of the Bush Fires Act
1954. As Brigades are under the control of the Shire of Ashburton, the Shire has a duty of
care to Brigade members to ensure that they are suitably equipped and trained for their task.
This Policy is to ensure that volunteer fire fighters are properly trained by making available
suitable venues, catering and by encouraging fire fighters to attend courses.
13.2 OBJECTIVE
1. Chief Bush Fire Control Officer coordinates all training requirements;
2. To make available suitable venues for training; and
3. To specify when catering will be organised for course participants.
13.3 POLICY STATEMENT
1. The Shire of Ashburton shall make available, any suitable venue for the training of
fire fighters;
2. It shall be the responsibility of the Chief Bush Fire Control to arrange for the booking
of such venues;
3. The Shire of Ashburton shall pay via Emergency Services Levy and or annual budget
allocation for catering at courses that are organized by the Chief Bush Fire Control;
4. The Chief Bush Fire Control shall make available to all Brigades within the Shire of
Ashburton notices of upcoming training courses and encourage suitable candidates
to attend these courses.
14. FIRE FIGHTERS MEALS – FIRE SERVICES INCIDENTS
14.1 INTRODUCTION
At incidents of major fires, the welfare, including sustenance, of fire fighters must be
considered and planned for.
This policy seeks to specify where and when meals will be provided to personnel present at
fire services incidents.
14.2 OBJECTIVE
1. To make available suitable meals and catering for persons attending fire services
incidents;
2. To provide guidelines as to when meals will be made available; and
3. To specify who is authorised to incur expenditure in this regard.
14.3 POLICY STATEMENT
Implementation of meals and refreshments will be done in consultation between the Chief
Bush Fire Control and the Incident Controller.
The Shire of Ashburton will supply meals to personnel attending fire services incidents if:
a. The personnel are attending a fire a fire emergency within the local
government area of the Shire of Ashburton;
b. The Shire of Ashburton is the controlling agency for that particular incident.
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Where personnel have been called to an incident at least two hours
prior to a meal period (i.e. breakfast, lunch or tea) and it has been
established that they will be required at the incident for at least two hours after that meal
period, Council will supply the required meal and drinks not including alcoholic beverages.
For continuation of firefighting duties after this period, refreshments will be supplied at the
various meal periods (with hydration being available at all times).
15. USE OF FUEL CARDS BY BUSH FIRE BRIGADES
15.1 INTRODUCTION
Bush Fire Brigade appliances are provided and maintained by the Shire of Ashburton. As
part of the maintenance of these appliances, Fuel Cards are issued to bush fire brigades for:
1. Purchase of fuel and oil appropriate to the fire appliance
15.2 OBJECTIVE
To ensure the secure and proper use of fuel cards by bush fire brigade personnel.
15.3 POLICY STATEMENT
The Shire of Ashburton shall issue a fuel card for each Bush Fire Brigade appliance provided
by the Shire of Ashburton, for use in the following manner:
1. Fuel cards are specific to each fire appliance and as such are to be kept on the
relevant fire appliance in a secure place at all times;
2. The fuel card must be presented to the cashier when a purchase is made. It is
incumbent on the person signing the receipt to ensure that details of the purchase
are correct;
3. Volunteer Fire Services personal must sign the receipt;
4. If at any time a fuel card is found to be missing or stolen, it must immediately be
reported to the Chief Bush Fire Control or Captain so that the fuel card can be
cancelled. In this instance it would be helpful if an approximate date of the loss/theft
of the fuel card could be reported;
5. If a purchase is attempted that is not a valid type of expenditure for that card the
purchase will be rejected. Misuse of the fuel cards will render the offender liable to
disciplinary and/or legal action.
16. MINIMUM DRIVER TRAINING - SHIRE FIRE APPLIANCES
16.1 INTRODUCTION
Bush Fire brigades are created by Council pursuant to Section 41 of the Bush Fires Act
1954. As Brigades are under the control of the Shire of Ashburton, the Shire has a duty of
care to Brigade members to ensure that they are suitably trained to carry out their roles as
fire fighters.
This Policy has been developed to recognise potential duty of care issues in relation to the
training standards of persons who are required to operate Shire of Ashburton Fire
Appliances
16.2 OBJECTIVE
The driver of any Council fire Fighting appliances will hold a current driver’s license
appropriate for the appliance being driven and be either:
1. A Shire employee;
2. A registered member of a Volunteer Fire Brigade;
3. Any person instructed by the Bush Fire Brigade Captain or Chief Bush Fire Control
Officer or any other authorized person.
The objective of this Policy is to specify a minimum training standard for all drivers of Shire
of Ashburton Fire Appliances.
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16.3 DEFINITIONS
In this Policy, unless the contrary appears:
“approved driving course” means Drive Vehicles Under Operational Conditions DFES
Introduction to Driving or equivalent.
“authorised training” means driver training on appliances that is conducted and supervised
by a brigade officer or training officer, who has completed an approved driving course.
“learner driver” means a driver who is issued with a learners permit under Section 48C of
the Road Traffic Act 1974.
“probationary driver” means a diver who is issued with a probationary license under
Section 45 of the Road Traffic Act 1974.
“volunteer firefighter” means a registered member of a bush fire brigade formed under the
Bush Fires Act 1954 and includes any bush fire control officer, officer, office bearer,
firefighter, probationary firefighter, probationary firefighter and auxiliary member of a brigade.
16.4 POLICY STATEMENT
1. A volunteer firefighter shall not drive any fire appliance owned by the Shire of
Ashburton in an emergency situation unless they have completed an approved
driving course;
2. Other Brigade members may drive appliances in non–emergency situations subject
to their holding the necessary motor vehicle driver’s license
17. USE OF BRIGADE APPLIANCES
17.1 INTRODUCTION
Council provides appliances to Volunteer Bush Fire Brigades for the protection of property
and the community in the event of fire. The immediate availability of these appliances,
subject to maintenance down time, for the purpose for which they are provided, is essential
for Brigades to carry out their commitment to the community
17.2 OBJECTIVE
To stipulate the use which may be made of Council owned fire appliances thus ensuring the
appliance is available for the purpose for which it was provided.
17.3 POLICY STATEMENT
1. To ensure that Bush Fire Brigade appliances provided by Council are readily
available, the following uses only will be permitted:
a. Attending call outs to wild fires;
b. Carrying out hazard reduction burning;
c. Brigade training activities;
d. Travel associated with approved training outside the Shire of Ashburton
e. Travel associated directly with refuelling or vehicle maintenance;
f. A 30 minute maintenance run, twice a month, during the off fire season.
2. Any use of a Brigade Appliance for a purpose other than that described in Part 1
above shall only occur if approved by the Brigade Captain or Chief Bush Fire Control
Officer or any other authorised persons.
18. PURCHASE OF EQUIPMENT FOR BUSH FIRE BRIGADES
18.1 INTRODUCTION
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Bush Fire Brigades are established by the Shire of Ashburton under
powers conferred upon the Council by the Bush Fires Act 1954. As the
Brigades are creatures of the Council, it is the responsibility of the Shire to ensure the
Brigades are provided with the level of equipment necessary to, and suitable for, the
performance of their roles.
18.2 OBJECTIVE
To ensure that any equipment/appliances purchased:
1. Is suited to the task for which it is intended;
2. Has the endorsement of the Shire of Ashburton Bush Fire Advisory Committee; and
3. Is in the best interests of the Shire of Ashburton Emergency Services as a whole.
18.3 POLICY STATEMENT
For the purposes of this policy, grant funds also includes corporate sponsorship.
1. Individual Brigades, or members thereof, shall not apply for funding or purchase
firefighting equipment or appliances;
2. In order that grant funds may be pursued for the best overall strategic benefit of the
Shire of Ashburton Bush Fire Brigades and grant funds will only be applied for by the
Shire;
3. Any equipment/appliances required by Bush Fire brigades will only be purchased on
behalf of the Brigade by the Shire of Ashburton;
4. Equipment will not be purchased, other than to replace an existing item, unless the
Bush Fire Advisory Committee has determined:
a. the need to purchase the item
b. the item meets all current DFES and Shire of Ashburton standards
c. provision for the insurance/maintenance of the item can be made within the
existing operating budgets.
19 MEMBERSHIP
19.1 INTRODUCTION
Bush Fire brigades are created by Council pursuant to Section 41 of the Bush Fires Act
1954. As Brigades are under the control of the Shire of Ashburton, the Shire and the Bush
Fire Brigade has a duty of care to Brigade members and prospective members to ensure
that they are suitable to the for role of a Volunteer Bush Fire Fighter
19.2 OBJECTIVE
The intent of this policy is to mutually determine the prospective volunteers or the Bush Fire
Brigades suitability for an ongoing relationship and define the minimum requirements for
members to retain their membership with the Bush Fire Brigade
19.3 APPLICATIONS FOR MEMBERSHIP
A person applying to join a Bush Fire Brigade must attend a minimum of 3 meetings of that
Bush Fire Brigade. The applicant must then obtain a Criminal History Check in accordance
with Policy 20. The applicant will then be eligible for basic training
The Officer Group may vary the required number of meetings a prospective member is
required to attend at their discretion
19.4 CONDITIONS OF MEMBERSHIP
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1. The requirement to serve a probationary period and determine
its length, being not more than 12 months;
2. Any additional procedures that may be employed by the Brigade prior to approval of
an application for membership. Such procedures will include, but are not limited to, a
Criminal History Check;
3. The Brigade is to act within the parameters of this policy in determining applications
for membership.
19.5 AGE LIMITS
The minimum age for any member, is 16 years. There is no maximum age limit, however the
Chief Bush Fire Control Officer may require any member to obtain a medical clearance if he
or she has genuine concerns about the member’s general fitness for duty.
19.6 MEMBERSHIP REGISTRATION
A registration form must be completed for every new member, change of member
information or termination of member, with a copy provided to DFES and the Shire of
Ashburton within 14 days of a decision.
19.7 SUSPENSION OF MEMBERSHIP
Membership of a Brigade may be suspended at any time if, in the opinion of the Brigade
Officers, the CBFCO or the Shire of Ashburton, circumstances warrant suspending the
member.
The period of suspension shall be at the discretion of the Brigade Officers, the CBFCO or
the Shire of Ashburton
The suspension may be from all or part of the member’s responsibilities.
Upon expiry of the period of suspension the Brigade Officers, the CBFCO or the Shire of
Ashburton may:
1. Extend the period of suspension;
2. Terminate the membership; or
3. Reinstate the member.
19.8 TERMINATION OF MEMBERSHIP
Membership of a Brigade terminates if the member:
1. Gives written notice of resignation to the Brigade;
2. Is, on medical advice, permanently incapacitated by mental or physical ill health, to such
a degree that they cannot perform their duties;
3. Is dismissed by the Brigade;
4. Fails to meet commitments subject to this Policy;
5. Is deceased.
All Brigade property is to be returned to the Brigade within two weeks of termination or an
invoice may be sent to the terminated member to recover cost for all equipment issued.
The Brigade Officers, the CBFCO or the Shire of Ashburton may terminate a person’s
membership if that member has been found to have committed:
1. A serious breach of Brigade discipline or policy;
2. Theft of Brigade materials or equipment;
3. Any action with intent to harm the Brigade; or
4. Any action that has harmed the public standing and good name of the Brigade or the
Shire of Ashburton
19.9 MEMBER HAS RIGHT OF DEFENCE
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A Brigade member is not to be dismissed without being given the
opportunity to meet with the Brigade Officers, the CBCFCO or the
Shire of Ashburton and answer any allegations which might give grounds for dismissal.
The member has the right to be accompanied or represented by a support person of their
choice
19.10 OBJECTION RIGHTS
A person whose application for membership is refused, membership is terminated or
membership is suspended has the right of objection to the Council, which may dispose of the
objection by:
1. Dismissing the objection;
2. Varying the decision objected to;
3. Revoking the decision objected to, with or without substituting for it another decision; or
4. Referring the matter, with or without directions, for another decision by the Brigade.
19.11 GRIEVANCE PROCESS
Brigades should refer to the local government’s current grievance procedure to ensure
fairness and equity in any grievance, dispute, or discrimination resolution process. Any
Brigade member who has a grievance will have recourse to this process
20 BRIGADE MEMBERS – TRAINING & COMMITMENT
20.1 INTRODUCTION
Bush Fire brigades are created by Council pursuant to Section 41 of the Bush Fires Act
1954. As Brigades are under the control of the Shire of Ashburton, the Shire has a duty of
care to Brigade members to ensure that they are suitably equipped and trained for their task.
This Policy seeks to ensure that volunteer fire fighters have attained the necessary level of
competence prior to their attendance on the fire ground in a wildfire situation and maintain
those competencies by attending Brigade Training.
20.2 OBJECTIVE
The intent of this policy is to stipulate the level of training required to be undertaken by
volunteer Bush Fire Brigade members before they can be considered by the Council to be
competent to be present on the fire ground and to maintain and improve on competencies.
20.3 POLICY STATEMENT
1. A volunteer member of a Shire of Ashburton Bush Fire brigade shall not be permitted
on to the fire ground until they have demonstrated their competence in this regard;
and
2. The minimum attainment of competence shall be demonstrated by the member
having completed the following modules of the DFES Bush Fire Fighters Course:
a. Induction to Fire Fighting
b. Introduction to Fire Fighting
c. Bush Fire Fighting
3. Skills Maintenance
To remain an active member, Brigade members must maintain proficiency and currency of
skills relevant to their role
4. Brigade Training
Brigade members shall participate in ongoing training as specified by the Bush Fire Brigade
Officer Group
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5. Brigade Commitments
Brigade members are required to maintain currency in brigade
activities and training these include but are not limited
Emergency Response
Hazard Reduction
Public Education & School Visits
Brigade Maintenance
Public Service
All of these activities are important parts of the functioning of the Brigade, as such all
Brigade members are expected to participate.
20.4 FAILURE TO MEET COMMITMENTS
Should an Active Member of a Brigade fail to comply with this policy, correspondence will be
forwarded to the Active Member requesting contact be made with the Brigade to indicate the
intentions of the Active Member’s status.
The Brigade member may:
1. Respond to the correspondence providing a reasonable explanation and request for
alternative arrangements to be made for training or meeting obligations;
2. Request leave of absence from Brigade commitments due to personal
circumstances; or
3. Terminate their membership.
If a Brigade member fails to respond to the correspondence within 14 days a subsequent
letter will be forwarded from the Brigade putting the Brigade member on final notice. Should
a Brigade member fail to acknowledge the final notice within 14 days, the membership shall
be terminated, to take effect from the date of the final notice.
20.5 LEAVE OF ABSENCE
A Brigade member may apply in writing to their Brigade for a leave of absence for a
maximum period of 12 months.
21 CRIMINAL HISTORY CHECKS (CHC)
21.1 INTRODUCTION
The Shire of Ashburton on behalf of the Tom Price Volunteer Bush Fire Brigade (TPVBFB)
will undertake Criminal History Checks (CHC) of all Tom Price Volunteer Bush Fire Brigade
personnel to ensure their identity and integrity.
21.2 OBJECTIVE
Tom Price Volunteer Bush Fire Brigade personnel regularly engage with the community
through the services they provide and may have unsupervised access to private property.
They are trusted with the care and use of valuable community assets and work with the
public, often during times when individuals are most vulnerable. Additionally, TPVBFB
personnel are entitled to expect that their colleagues are of good character and do not pose
a risk to their safety.
CHC are a contemporary workplace practice which improve both the Shire’s and the
TPVBFB’s commitment to the wellbeing and safety of its personnel and the community. This
policy outlines the process for undertaking CHC for existing and prospective TPVBFB
personnel.
This policy aims to:
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1. Comply with the Shire’s and the TPVBFB’s legal and
moral responsibility to create a safe and protective
workplace and community environment;
2. Minimise any risk to the community by ensuring the good character of TPVBFB
personnel;
3. Ensure the rules of procedural fairness are applied to TPVBFB personnel who
commit a criminal offence(s).
The policy includes a number of mandatory requirements to ensure CHC are properly
conducted and applied. An adverse criminal record will not necessarily preclude employment
or being a volunteer with the VBFB
Note: The CHC referred to in this document is separate to the Working with Children Check,
which relates specifically to people who carry out “child related work”.
21.3 MANDATORY REQUIREMENTS
APPLICATION
All prospective TPVBFB personnel are required to undertake a CHC and provide a
satisfactory National Police Certificate (NPC) prior to commencing as a volunteer with the
TPVBFB.
PERSONS UNDER 18 YEARS OF AGE
Prospective members under 18 years of age applying to be a senior or active BGU member
are required to undertake a CHC. A parent or guardian must consent to a CHC for a person
under 18 years. Convictions for any of the offences set out in Schedules 1 and 2 of the
Young Offenders Act 1994 will appear on a NPC for an applicant under 18 years of age.
21.4 EXISTING TPVBFB VOLUNTEERS
Existing TPVBFB volunteers who have not previously provided a satisfactory NPC must
undertake a CHC on transfer from the TPVBFB to another Brigade or Unit.
21.5 PROSPECTIVE PERSONNEL WITH AN EXISTING NPC
The Shire will accept an existing satisfactory NPC from prospective personnel providing it is
not more than 3 months old. The person must provide a statutory declaration to certify the
NPC is true and correct and they have not been charged with or convicted of an offence
(excluding minor traffic offences such as speeding) since the NPC was issued.
21.6 TPVBFB PERSONNEL CHARGED WITH AND/OR CONVICTED OF AN
OFFENCE
TPVBFB personnel must report if they are charged and subsequently convicted of an
offence. They must report to the TPVBFB Captain or direct to the CBFCO at the Shire within
14 days of being charged or convicted of an offence.
21.7 SPENT CONVICTIONS ACT 1988
Under the provisions of the Spent Convictions Act 1988, a person can apply to have certain
convictions removed from their criminal record after 10 years plus any term of imprisonment.
The Shire or the TPVBFB must not ask personnel or an applicant to disclose any spent
convictions. The Shire or the TPVBFB cannot discriminate against persons with spent
convictions.
21.8 SOA & DFES WELFARE SUPPORT
The CHC process may cause distress to some persons. Both the Shire and DFES offers
welfare support to TPVBFB personnel through its employee assistance program, peer
support program and the DFES chaplaincy.
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21.9 EXEMPTIONS FROM CHC
A prospective TPVBFB volunteer or short term contactor appointed or engaged for less than
20 working days may be exempt from providing a NPC.
21.10 ACCURACY OF CRIMINAL HISTORY INFORMATION
Current or prospective TPVBFB personnel must dispute any inaccurate information in a NPC
with the service provider, and not with the Shire or the TPVBFB.
21.11 CONFIDENTIALITY
Strict confidentiality must be maintained regarding any CHC and related documentation.
Information on a person CHC must only be accessed and distributed as required for decision
making purposes.
21.12 RECORD RETENTION
Documentation relating to the CHC process will be retained in the region or business area
according to Shire’s Record Keeping Directive ADM04 and the State Records Act 2000
(WA). The NPC must not be kept on file after a decision is made, only the supporting
documentation.
21.13 COSTS
A prospective volunteer must pay to obtain their NPC. Upon clearance and acceptance into
TPVBFB, the cost can be reimbursed from the Shire.
The Shire will cover the costs of a NPC, where an existing volunteer is required to produce a
NPC.
22. USE OF WARNING LAMPS AND AUDIBLE WARNING SYSTEMS
22.1 INTRODUCTION
The Road Traffic Code 2000 permits the use of Warning Lamps and Electric Siren Warning
Systems for vehicles providing active response to an emergency.
To guard against incorrect use and to avoid possible detraction from the significance of
flashing warning lamps and sirens, their use is limited to particular vehicles and particular
circumstances.
The following extracts are taken from the publication “Warning Lamps – A guide for
installation and operation” issued by the Western Australian Department of Planning and
Infrastructure.
Definitions:
Priority Degree of Urgency Level of Risk
1. Most urgent Life and/or Serious Property threat;
2. Urgent - High Risk Personal or Property Risk.
Priority One
Emergency Service role is of the highest priority usually involving life threat, serious injury or
significant property damage. Also the service is in constant alert and may be required at any
time with minimal notice.
Vehicles used in this category will usually provide active response that may involve high
speed and continual contravention of the normal road rules (at times at increased risk) under
special emergency exemption provisions during the period of operation.
Priority Two
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Usually attends dangerous situations, which are generally not first
response or do not require a very high level of urgency. Public are not
exposed to the same danger as for Priority One although there may on occasions be the risk
of life and serious property damage.
Vehicles used in this category will usually provide active response that may involve some
speed and regular contravention of the normal road rules under special emergency
exemption provisions during the period of operation.
All Priority 1 and 2 operators require fully accredited training. Correct legal use and Duty of
Care issues must be addressed before operators are permitted to operate the relevant
vehicle.
Responsibilities of Service Providers
The organisation owning or operating the vehicle shall keep a register of all vehicles fitted
with flashing warning lamps. They shall also maintain details of each training course, those
operators that are accredited and any other information that is necessary to support use of a
certain priority lamp on a vehicle. All of this information shall be readily available for
inspection, by a third party, in particular for instances such as crash investigation or law
enforcement.
Training
Operators of vehicles fitted with flashing warning lamps must be trained in the correct usage
of these lamps. Any organisation operating the vehicle shall be responsible for ensuring that
all operators have been provided with the appropriate training. As mentioned previously
details of all operators should be readily available for inspection.
Priority one and two categories
As vehicles in these categories are normally rapid response emergency vehicles their drivers
are generally exempt from the normal requirements of the Road Traffic Code provided that it
is safe and reasonable in the circumstances to proceed contrary to the regulations.
Organisations operating these vehicles must ensure that their personnel have passed an
appropriate driving course that is relevant to the operation of the particularly vehicle in
emergency situations.
22.2 OBJECTIVE
1. To specify the circumstances, and by whom flashing warning lamps and sirens may
be activated.
2. To guard against incorrect use and to avoid possible detraction from the significance
of flashing warning lamps.
22.3 POLICY STATEMENT
1. All Shire of Ashburton Bush Fire Service Vehicles responding to wildfire emergencies will
use their emergency beacons when:
a) Responding to incident
b) During incident
c) Whilst obeying all road rules at all times
2. Sirens shall only be used when responding to a Priority 1 emergency or if prevailing
traffic conditions warrant their use;
3. Lights and sirens shall not be used when the vehicle is operating under normal road
conditions;
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4. Only persons who are trained in accordance with Council Policy
15 Minimum Driver Training – Shire of Ashburton Fire Appliances
are permitted to operate a vehicle using warning devices;
5. Notwithstanding Policy statement 2 above, the use of lights for reasons of Occupational
Health and Safety, if appliances are being refilled on the side of the road or that
mopping up/blackout operations are also being conducted from the roadside, is
permitted.
23. BRIGADE OFFICER QUALIFICATIONS
23.1 INTRODUCTION
Bush Fire brigades are created by Council pursuant to Section 41 of the Bush Fires Act
1954. As Brigades are under the control of the Shire of Ashburton, the Shire has a duty of
care to Brigade members to ensure that they are suitably equipped and trained for their task.
This duty of care extends to the qualifications of Brigade Officers to ensure they have the
necessary combination of formal qualification and experience to perform their roles and
provide for the safety of those whose activities they direct.
The Policy also seeks to provide a pathway for members to follow should they aspire to fill
more senior roles within the Brigade and Ashburton Shire Bush Fire Services.
23.2 OBJECTIVE
The intent of this policy is to stipulate the level of training and experience to be attained by
persons seeking to become officers within volunteer bush fire brigades within the Shire of
Ashburton.
23.3 POLICY
In addition to the qualifications required under Policy 19.24 - Brigade Members –
Competence at Fire Grounds, Council requires that all persons seeking to hold the position
of officer of a brigade within the Shire of Ashburton Bush Fire service shall attain, as a
minimum, the following combination of qualifications and experience:
Captain
1. Be a competent fire fighter with operational experience at this level and,
2. Have completed the following courses as a minimum standard:
a. Fire and Incident Operations
b. Sector Commander
c. Machine Supervision.
d. Australasian Inter-Service Incident Management System (AIIMS)
Awareness
Lieutenant
1. Be a competent fire fighter with operational experience; and
2. Have completed the following courses as a minimum standard:
a. AIIMS Awareness
b. Crew Leader
Brigade Equipment Officer
The Brigade Equipment Officer is elected by the Brigade and is responsible to the Brigade
Captain for the proper management and maintenance of all Brigade property and equipment.
The Brigade Equipment Officer has the following specific functions:
1. Arrange and carry out monthly checks and maintenance on all Council’s firefighting
equipment vested in their respective Brigade;
2. Report any missing or faulty equipment as required by Brigade policy;
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3. Maintain and keep the equipment storage area neat and tidy;
4. Undertake any other function assigned by the Brigade Captain
or Chief Bush Fire Control Officer.
Fire Control Officer
1. Be a competent Fire Fighter with operational experience at this level;
2. To be eligible for appointment as a Bush Fire Control Officer a person must have
completed the Bush Fire Control Officer Training;
3. Notwithstanding Item 2 above, a person will be eligible for appointment as a Bush
Fire Control Officer if they complete the Bush Fire Control Officer Training Program
when next available.
4. For a person to continue as a Bush Fire Control Officer they must complete the Bush
Fire Control Officers Course or a Refresher Course at intervals of no more than every
two years.
Chief/Deputy Chief Bush Fire Control Officer
1. Demonstrated competence as a Fire Control Officer; and
Experience as a Fire Control Officer.
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ENG09 Asset Management Policy
Aim
The purpose of this policy is to demonstrate the Shire of Ashburton’s commitment to the responsible management of its Assets and to establish a framework to ensure that these Assets are acquired, maintained and disposed of in such a manner that the agreed Level of Service delivery is achieved within the constraints of Asset life, cost effectiveness and financial and environmental sustainability.
Application Elected Members and Staff
Statutory Environment
Department of Local Government Asset Management Framework (WA Government, 2011) Local Government Act (1995) International Infrastructure Management Manual (IPWEA, 2011) Department of Local Government Integrated Planning and Reporting Framework and Guidelines (WA Government, 2010) Local Government (Financial Management) Regulations 1996 Australian Accounting Standards AASB13 – Fair Value Measurement
Principles
Strategic Community Plan 2017 – 2027 Goal 04 – Quality Services and Infrastructure Objective 01 – Quality Public Infrastructure Objective 02 – Accessible and Safe Towns
Approval Date OMC 22 February 2018
Monitor and Review Infrastructure Services
Last Review 2018
Next Review 2020
Review Period 2 years
1. BACKGROUND
Local Governments across Australia are facing the challenge of building, operating and
maintaining important infrastructure necessary for the well-being of their communities.
Studies have identified that infrastructure renewal and asset management will be the area of
primary concern into the future.
In 2010, the Minister for Local Government introduced the Integrated Planning Framework
WA, which is aimed at driving the development of a Strategic Plan and a Corporate Business
Plan. Developing an Asset Management Strategy is a crucial part in contributing to
Council’s Corporate Business Plan, ensuring that the Local Government’s assets are
effectively managed and meet the needs of the community now and in the future.
It is stated in the Shire’s Corporate Business Plan (CBP) that the priorities outlined in the
Plan will be progressed in the context of a comprehensive approach to service delivery and
Asset Management. Priority 2 of the CBP promotes the “provision of infrastructure that
enables economic and social vitality.”
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This Asset Management Policy and flow on Asset Management
Strategy and Asset Management Plans are based on the Department
of Local Government Integrated Planning and Reporting Framework and Guidelines.
2. STRATEGIC IMPLICATIONS
This Asset Management Policy has been developed to support the vision, goals and
objectives in the Shire of Ashburton’s Strategic Plan. Council’s Vision:
“We will embrace our unique Pilbara environment and lifestyle through the development of
vibrant, connected and active communities that have access to quality services, exceptional
amenities and economic vitality’
Effective asset management ensures that all Infrastructure assets are well planned and
delivered to the expectations of the community now and into the future.
The Shire of Ashburton 10 Year Strategic Community Plan 2017-2027 outlines the goals and
objectives relevant to Asset Management:
GOAL 04 – Quality services and Infrastructure
Objective 01 – Quality Public Infrastructure
• Provide and maintain affordable infrastructure that serves the current and future
needs of the community, environment, industry and business.
Objective 02 – Accessible and Safe Towns
• Continue to improve and maintain volume and condition of footpaths cycle-ways,
kerbs and signage to provide enhanced amenities and connections with towns.
• Maintain and improve existing lighting, public lighting and increase coverage of
lighting where appropriate.
In order to achieve these goals, the Shire must allocate appropriate resources to asset
management through its financial plan, define its service level expectations through service
delivery plans, and ensure effective risk management.
3. OBJECTIVES
Asset Management is viewed as an important corporate function of the Shire of Ashburton
and Council are committed to supporting the function. The purpose of this policy is to initiate
Asset Management Principles/Framework and Asset Management Responsibilities to
achieve the following objectives and outcomes:
• The Shire’s services and facilities are provided reliably, with the appropriate level of
service to residents, visitors and the environment within the Shire;
• Safeguarding the Shire’s assets including physical assets and employees by
implementing appropriate asset management strategies, practices and financial
treatment of the assets;
• Establish an environment where all Shire employees will assist in the overall
management of the Shire assets;
• Meet all legislative compliance for Asset Management.
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The adoption of an effective asset management approach will provide
the following benefits:
• More sustainable decisions by ensuring all lifecycle costs are included in decision
processes, so that the emphasis is on sustainable efficiencies not unsustainable
short-term gains;
• Enhance customer service through improved understanding of service requirements
and options;
• Improved financial efficiency by recognition of all costs of owning/operating assets
over the lifecycle of the assets.
This Asset Management approach will be supported and achieved through the
implementation of an Asset Management Strategy and Asset Management Plans for
Infrastructure Assets within the Shire of Ashburton.
The implementation of this Asset Management Policy will assist the Shire to meet
community expectations by providing services in a sustainable manner.
4. PRINCIPLES
Asset Management encompasses all of the various actions that Council must take to ensure
that its assets are planned, delivered, managed, renewed and retired to serve both present
and future communities.
4.1 Managing Council Assets
Council assets will be managed by:
4.1.1 A team approach – Coordinated by the Asset Management Business Unit and
supported by the cross-functional Asset Management Working Group. The roles and
responsibilities of all asset users will be well defined and understood in the Asset
Management Strategy.
4.1.2 Council allocating sufficient financial resources (integrated with the Long Term
Financial Plan) to ensure effective asset management practices, timely maintenance and
renewal of assets so that community services are sustained in the long term.
4.1.3 Asset information will be accurate and up to date allowing for appropriate asset
planning, both in the short and long term, and for informed decision making to occur.
4.2 New Assets & Renewal or Upgrade/Expansion of Assets
Prior to consideration of new infrastructure works, renewals or an expansion/upgrade:
4.2.1 A strategic review of the need for, and the life cycle cost of that asset (including
capital, maintenance, operating and renewal costs) will be carried out.
4.2.2 Asset Renewal Plans will be implemented progressively based on priority (condition),
the level of service required, and the effectiveness of the current performance of the asset.
4.2.3 Plans to upgrade existing infrastructure will be considered and evaluated according
to the need to increase the asset’s Level of Service.
4.2.4 Council will continually seek opportunities for multiple uses of assets, as well as,
strategic community partnerships and for economic extensions to infrastructure life.
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4.3 Asset Management Strategy and Asset Management Plans
An Asset Management Strategy will be developed in line with the Strategic Plan and
informed by the community’s aspirations and service requirements that are set out in the
Corporate Business Plan.
In consultation with key stakeholders, Council will determine the Level of Service expected
for each asset class to deliver economic, environmental and social values for the benefit of
the community. These service levels will be adopted and reflected in the Asset Management
Plans for each asset class. The development of Asset Management Plans will also identify:
• The strategic goals;
• The level of service and performance standards;
• The full cost of providing the service
• The future demand; and
• Monitoring and improvement strategies.
The Level of Service for each asset class will drive the desired funding and when assessed
against the Shire’s current budget, this will represent the funding gap. Council will work to
minimise this gap by renewing its assets at the most optimum time. The budgetary
requirements will be fed into the Shire’s Long Term Financial Plan.
5. RISK MANAGEMENT TECHNIQUES
The Shire’s Risk Management Policy (COPR5) outlines the commitment and objectives
regarding managing uncertainty that may impact the Shire’s operations. To ensure the
achievement of our vision and strategic goals and objectives, the Shire needs to ensure
operational/asset management staff (first line defence) identify asset related risks and they
are assessed, managed, monitored and reported. Risk themes identified in relation to Asset
Management and documented in the Asset Management Strategy include:
• Asset Sustainability Practices
• Environmental Management
• Errors, Omissions, Delays
• External theft & fraud including cyber crime
• Management of Facilities/Venues & Events
The criteria adopted in CORP5 will be applied to each asset class to identify any moderate –
high risks and will be covered in the individual asset management plans.
6. RESPONSIBILITIES
In order to support this policy the following key roles and responsibilities have been
identified:
Council
• To act as custodians for Council assets;
• To adopt an Asset Management Policy with linking to the Shire of Ashburton’s 10
Year Strategic Community Plan 2017 - 2027
• To provide an advocacy role with State and Federal Governments and the
community;
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• Demonstrate the organisations commitment to the Council’s
vision and strategic objectives through an integrated and
resourced asset management system to build and maintain intergenerational equity;
• Make informed decisions supported by asset management processes and
costs;
• To comply with Integrated Planning Framework and Fair Value Legislation.
Chief Executive Officer& Senior Management
• Reporting on the status and effectiveness of asset management within Council;
• Continually promote asset management across the organisation;
• To validate and challenge proposals to ensure they meet the Shire’s Strategic Plan
objectives and community needs;
• To ensure community and key stakeholders inputs are integrated into Asset
Management Plans;
• To ensure staff are appropriately trained and skilled to perform the required Asset
Management functions;
• To provide effective communication between Staff, Council and the
Community;
• Responsible for implementing asset management systems, policies and
procedures;
• Delegate specific assets to responsible project officers;
• Promote networks between the community, key stakeholders, and Council’s asset
managers to involve and consult with on the management of Council’s assets.
• Develop and implement a framework for the evaluation and prioritisation of corporate
project proposals incorporating whole of life costing;
• Develop and implement asset management processes and procedures;
• Implementation of Fair Value
• Develop Framework, guidelines and processes to deal with Fair Value reporting.
Asset Management Working Group
• To review this Asset Management Policy;
• To develop and review an Asset Management Strategy;
• Develop and review Asset Management Plans;
• In consultation with the community and key stakeholders, review and develop
“community levels of service” for Council approval, and review technical levels of
service.
• Develop Condition Manuals for all asset classes and undertake regular asset
condition audits;
• To communicate asset management across the organisation.
7. DISABILITY ACCESS AND INCLUSION PLAN
Public Authorities in Western Australia are required to have Disability Service Plans
(DSPs) under the Disability Services Act (1993). This Act was amended in 2004 with a
requirement for public authorities (State Government agencies and Local Governments) to
develop and implement Disability Access and Inclusion Plans (DAIP’s) that further the
principles and objectives of this Act. On 21 November 2017 Council adopted an updated
DAIP at it’s Ordinary Meeting of Council. The principles and objectives of this DAIP are to be
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applied in the responsible management of the Shire’s assets including
acquisition, maintenance and disposal.
8. DEFINITIONS
Asset means a physical item that is owned or controlled by Council, and provides or
contributes to the provision of service to the community.
Asset Register means a record of asset information considered worthy of separate
identification including inventory, historical, condition, and construction, technical and
financial.
Asset Management means the processes applied to assets from their planning, acquisition,
operation, maintenance, replacement and disposal to ensure that the assets meet Council’s
priorities for service delivery.
Asset Management Plan means a plan developed for the management of an infrastructure
asset or asset category that combines multi-disciplinary management techniques (including
technical and financial) over the lifecycle of the asset. The Asset Management Plan
establishes, for each Asset Category:
• Levels of Service (performance, construction, maintenance, and operational
standards);
• Future Demand (rational basis for demand forecasting and selection of options for
proposed new assets);
• Life Cycle Management Plan (including Operations and Maintenance, Renewals and
Replacements, and Expansions and Upgrades);
• Financial Projections;
• Asset Management Practices; and
• Performance Monitoring and Improvement.
Asset Management Strategy means a strategy developed for the management of an asset
that combines multi-disciplinary management techniques over the lifecycle of the asset.
Council means the Council of The Shire of Ashburton
Fair Value is defined as:
“… the amount for which an asset could be exchanged or a liability settled between
knowledgeable, willing parties in an arm’s length transaction.”
And also as:
“… the price that would be received to sell an asset or paid to transfer a liability in an orderly
transaction between market participants at the measurement date.”
Level of Service means meeting community expectations in relation to the quality and
quantity of services delivered by the Council.
Life Costing means the total cost of an asset throughout its life including planning, design,
construction, acquisition, operation, maintenance, and disposal and rehabilitation costs.
1. ASSOCIATED DOCUMENTS
Internal
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Strategic Community Plan 2017 – 2027
Corporate Business Plan
Asset Management Strategy
Asset Management Plans
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ENG10 Guidelines for Urban Development
Aim
To provide a guide to assist the Shire and the development industry in managing the assessment and approval processes relating to the installation of roads, drainage, pathways, earthworks, streetscapes and public open space in new subdivisions.
Application All Staff
Statutory Environment
Planning and Development Act 2005 Institute of Public Works Engineering Australia (WA Division Inc.) Shire of Ashburton Town Planning Scheme No.7
Principles Strategic Community Plan 2017 – 2027 Goal 04 – Quality Services and Infrastructure Objective 03 – Well Planned Towns
Approval Date OMC 20 November 2018
Monitor and Review Infrastructure Services
Last Review 2018
Next Review 2022
Review Period 4 years
OBJECTIVE
The Council will use the latest version of the "Local Government Guidelines for Subdivisional
Development (Edition 2.3)"(Guidelines) document produced by the Institute of Public Works
Engineering Australia (WA Division Inc.) (IPWEA) as the basis for assessing and approving
the installation of infrastructure relevant to the Shire.
The Guidelines will generally underlie and support subdivision conditions applied by the
Western
Australian Planning Commission (WAPC) pursuant to the Planning and Development Act
2005.
The Guidelines encompass current legislation and best practice minimum engineering
standards.
They are intended to guide local government and the development industry through
engineering specification, construction and post construction subdivision approval.
It is understood that IPWEA has committed to update the guidelines on a biannual basis
however the
Council reserves the right to review any updated edition of the Guidelines before it is
considered for adoption under this policy.
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ENG13 Road Management Policy
Aim
The purpose of this policy is to demonstrate the Shire of
Ashburton’s commitment to the responsible management of its
roads and to establish a policy relating to the management of
roads within the Shire’s boundaries.
Application All Staff
Statutory Environment
Local Government Act 1995
Main Roads Act 1930
Land Administration Act 1997
Principles Strategic Community Plan 2017 – 2027 Goal 04 – Quality Services and Infrastructure Objective 01 – Quality public Infrastructure
Approval Date OMC 26 April 2017
Monitor and Review Infrastructure Services
Last Review 2017
Next Review 2019
Review Period 2 years
1. BACKGROUND
The Shire of Ashburton (the “Shire”) is committed to the provision and maintenance of roads
within its boundaries and has an obligation to ensure that the road network provides an
appropriate level of service and functionality for the road user.
A Road Management Policy is required to set out a framework for making consistent,
structured and justifiable decisions as to whether a gazetted road or area of land used as a
road is reasonably required for general public use and is therefore considered to be a “Public
Road”. Once identified as a Public Road and the responsibility of the Shire it is considered a
“Shire road” and must be included in the Shire’s Road Register.
Inclusion in the Road Register is an acknowledgement by the Shire that it is the responsible
road authority in respect of the Public Road, and therefore has the responsibility for its on-
going maintenance, repair, inspection and the risks associated with this function. The level of
service is dependent on the classification of the road in the road hierarchy, the standard to
which the road has been constructed, the funds available for the maintenance and the level
of risk deemed applicable to that road.
If the Shire decides that an area of land used as a road is not the Shire’s responsibility, and
therefore not a Shire Road then the Shire does not have any statutory or common law duty
to inspect, repair or maintain the area of land. In this case, the Shire has the discretion, not
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duty, to inspect, maintain and repair areas of land used as a road that
are not on the Road Register.
The Shire will be able to decide whether a road is a Shire Road based on criteria that are set
out in this Policy.
2. SCOPE
This Policy is intended to apply only to those roads and road reserves for which the Shire of
Ashburton is the responsible authority.
There are numerous roads and tracks within the Shire that Council is not responsible for, but
are managed by other authorities such as Main Roads Western Australia, the Department of
Parks and Wildlife and other State authorities. In particular, the majority of roads and tracks
through National Parks are not the responsibility of the Shire of Ashburton. A small number
of private roads are the responsibility of their respective owners.
Roads and road reserves that are the responsibility of other authorities (e.g. State roads,
National Park roads, private roads etc.) are not included in this Policy.
This Policy is intended to apply consistently throughout the Shire.
3. STRATEGIC IMPLICATIONS
This Road Management Policy has been developed to support the vision, goals and
objectives in the Shire of Ashburton’s Strategic Plan.
This Policy is also designed to complement the Asset Management Policy. Both policies are
supported by the Strategic Asset Management Plan and Road Asset Management Plan.
4. OBJECTIVES
To provide a framework for making consistent and structured decisions as to whether a road
or area of land used as a road should be included on the Shire’s Road Register.
Specifically, the aim of this Policy is to establish:
The circumstances under which the Shire will accept responsibility for a road,
sections of road or area of land used as a road; and
The process required for the Shire to accept responsibility for a road, sections of road
or area of land that is not currently listed in the Road Register.
5. ROAD REGISTER
The Shire maintains a Road Register. Roads that are not included in this register are
currently not recognised by the Shire as assets, nor does the Shire accept any maintenance
responsibility for such roads.
The existing extent of the Shire’s road network has been determined from historical records
of the extent to which the Shire has established and maintained the road network, with some
additional roads that Council has formally accepted responsibility for, generally through land
development.
Council may determine that additional roads, sections of roads or areas of land used as
roads be included in the Road Register in accordance with this Policy.
6. POLICY
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This Policy sets out the guidelines for staff and elected members in
relation to the management of roads within the Shire boundaries.
1. The Shire is responsible for the management of Shire Roads within its boundaries.
2. The Shire shall maintain a Road Register detailing the roads for which it is the
responsible road authority. The Road Register is a living document that is to be
updated as required by resolution of Council.
3. The criteria for determining consideration for inclusion on from the Road Register are
as follows. The road should satisfy at least one of the following criteria:
a. is gazetted;
b. provides primary access to at least one full-time occupied property (i.e. the
property is otherwise land-locked and without any road frontage);
c. has previously been constructed by, or regularly maintained by the Shire;
d. provides clear benefit to several property owners (not just one);
e. connects into and forms part of the wider network of Public Roads;
f. serves a defined purpose or function for the public (i.e. there would be
consequences if public access was removed and / or the needs for public use
cannot be readily accommodated with alternatives).
g. Provides for a social or economic benefit such as tourism
4. The Shire shall maintain a Road Asset Management Plan that, as a minimum,
outlines the following;
a. The Road Hierarchy System
b. Levels of Service
c. Inspection Programs
d. Construction Standards
e. Maintenance Standards
f. Road Condition Reporting
7. OTHER CONSIDERATIONS
1. Request for Road Registration or Improvement:
In circumstances where property owners or ratepayers wish to have a presently unregistered
road included in the Shire’s Road Register and for it then to be maintained by the Shire, the
ratepayer/s or property owner/s may make application in writing to the Shire to have the road
included.
The road will be inspected and a report prepared for Council’s consideration of the matter at
an Ordinary Council Meeting. Council will not accept responsibility for roads which do not
meet the minimum criteria specified in this Policy. The road will also be assessed against,
and must reach at least the minimum standards that are described in the Road Asset
Management Plan.
Where work is required to bring the proposed road up to a standard that is acceptable by
Council, the costs of performing such work shall be borne by the proponent or proponents
that have made the application to have the road included in the Road Register.
In considering such a proposal, Council will have due regard for the criteria for determining
inclusion on the Road Register and the ongoing maintenance costs generated by the
improved road.
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2. New Developments
Where a new development on rural land requires a higher standard of road than has been
provided, the costs associated with upgrading of the road will be the full responsibility of the
developer. Every effort should be made to address this issue as part of the planning for the
development.
8. DEFINITIONS
Shire means the Shire of Ashburton.
Shire Road means any public road that is on the Road Register of the Shire of Ashburton.
Road Register is a register of all public roads for which the Shire is the responsible road
authority.
9. SUPPORTING DOCUMENTS
This Road Management Policy is a key component of the Shire’s planning and asset
management process. The Policy sits alongside the Asset Management Policy and both are
supported by the Strategic Asset Management Plan, Road Asset Management Plan and
Road Register.
All these documents form part of the formal records of the Shire of Ashburton.
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6. FINANCE
FIN05 Trading in Public Places - Fees and Charges
Aim
This policy establishes the difference between ‘Town Centre’ and
‘Rest of Shire’ areas for the purposes of assessing Traders Permit
applications. It also provides clarity and guidance on the
preparation and assessment of stallholder/mobile and itinerant
trader applications including commercial activities on Shire land.
The Shire encourages applications that are creative and innovative
that would support the attraction of the Shire as a vibrant location
to live and visit.
Application Elected Members and Employees
Statutory Environment
Local Government Act 1995
Activities on Thoroughfares and Public Places and Trading Local
Law
Principles
Strategic Community Plan 2017 – 2027 Goal 02 – Economic Prosperity Objective 02 – Enduring Partnerships with Industry and Government
Approval Date OMC 15 March 2016
Monitor and Review Property & Development Services
Last Review 2016
Next Review 2020
Review Period 4 years
Objectives
To establish the difference between ‘Town Centre’ and ‘Rest of Shire’ areas for the
purposes of assessing Traders Permits and to provide rationale for the difference
between the two types of permits and the associated fees;
To regulate the level and intensity of trader activity on road reserves and other public
places to ensure that the primary purpose and use of these locations is retained and
protected;
To manage traders in a sustainable way that allows for the ongoing provision of good and
services that promotes community vitality and satisfaction;
To avoid the creation of adverse traffic, pedestrian and general public safety conditions;
To ensure the operation of traders on Shire land or in public places is carried out in
accordance with the Shire’s Local Laws.
Definitions
For the purpose of this Policy, the following definitions shall apply:
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Town Centre - means any land in Tom Price, Paraburdoo,
Pannawonica and Onslow within the marked areas shown on the
maps in Attachment 1.
Rest of Shire - means the whole of the Shire of Ashburton excluding the areas contained
within the marked areas shown on the maps in Attachment 1.
Mobile - means working in one place for a short period of time and then moving on to
operate in another place (for example: Fish Truck, Meat Truck etc.)
Itinerant - means a person who travels along a road looking for customers and who sells,
hires or provides a product or service, from a vehicle which is parked temporarily, to
customers who stop the vendor or come to the vendor while the vehicle is so parked (for
example: ice-cream truck)
Stall -means working in one place for a short period of time usually from a fixed structure
such as a tent or shade shelter (for example: clothing and trinkets sales)
The main difference between an “Itinerant Vendor” and a “Mobile Vendor” is that a mobile
vendor can solicit business from a parked location whereas an itinerant vendor is stopped by
customers (an ice cream van is an itinerant vendor whereas a vehicle parked selling fresh
flowers or produce is a mobile vendor).
Fees and Charges
Applications made pursuant to the Shire of Ashburton Local Law Relating to Trading in
Public Places are subject to an annual fee that is set in the Shire’s Fees and Charges
Schedule.
Any application for any 12-month period entitles the licensee to trade anywhere within the
district or such places as stated on the permit.
The rationale for providing two distinct permit classes is to provide a measure of natural
justice to retail businesses that are established on permanent sites within the town centres of
Tom Price, Paraburdoo, Pannawonica and Onslow and as such are subject to Shire rates.
The higher fee associated with applications for permits to trade within the ‘Town Centre’
areas reflects the desire of the Council to provide a more ‘level playing field’ without stifling
competition or the vibrancy of our towns.
Exemptions
The following exemptions apply:
A ‘produce stall’ within private property outside of town site boundaries;
Selling of newspapers;
Where a trader is part of an event, festival, carnival, market or the like (exemption will
only apply where a trader has received written permission from the organiser of the
event);
Where the activity is a one-off occurrence such as an open day for a business/premises;
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Community groups conducting car washes where they have the
premises/land owner’s permission, the safety of persons involved
has been adequately considered and planned for and traffic flow is not adversely
affected.
Conditions
The following conditions will apply to all approvals for operating as a trader in a public place:
The use of mechanical chimes or amplified music which could cause a noise nuisance is
not permitted;
Public liability insurance to a minimum of $10 million or cover suitable to the risk
presented is required where an activity occurs on Shire land;
Camping within trader equipment is not permitted and is restricted by the Caravan Parks
and Camping Grounds Act and Regulation;
No trading is permitted within 100m of schools between the hours of 14.30 and 16.00
(except during school holidays);
In relation to traffic management and safety, no trading will be permitted within 100m of
an approved event;
Traders are responsible for managing all waste generated as part of their trading activity;
Any alfresco dining associated with trading activity is limited to a maximum of three (3)
tables with four (4) chairs per table and cannot occur on designated footpaths or restrict
pedestrians;
Advertising cannot occur on designated footpaths or restrict pedestrians;
For itinerant traders, moving to a new location once the majority of customer requests
have been serviced.
Consent to use land
Where the road is under the control of Main Roads WA, their written consent is
preferred prior to processing the application;
Where the land is not under the care, control or management of the Shire, the written
consent of the Crown via the Department of Lands is preferred prior to processing the
application;
Where the land is privately owned, the written consent of the land owner is required prior
to processing the application.
Trading location restrictions
The following limitations apply to the Town Centre Areas as defined in the maps attached to
FIN05:
Tom Price Town Centre
Trading in the Tamarind Street car park is restricted to one light vehicle with a trailer;
Heavy vehicles (anything large than a light vehicle and trailer) are required to trade at Lot
978 Stadium Road, opposite Windawarri Lodge or a suitable alternative to the satisfaction
of the Shire.
Onslow Town Centre
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All traders are to operate from Lot 937 Second Avenue (outside of
Visitor Centre/Museum).
This does not apply to itinerant traders.
Trading hours
Trading may only take place between 05.00-22.00 hours.
Reference to related documents
Local Government Act 1995 and subsidiary legislation
Health Act 1911 and subsidiary legislation
Food Act 2008 and subsidiary legislation
Shire of Ashburton’s Activities on Thoroughfares and Public Places and Trading Local
Law
FIN05 ‘Trading in Public Places Policy – Fees and Charges’
Shire of Ashburton Town Planning Scheme No. 7
Environment protection Act 1986 and subsidiary legislation
National Competition Principles Agreement
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FIN06 Significant Accounting Policy
Aim To provide guidelines for the preparation of the financial report
Application All staff
Statutory Environment
Local Government Act 1995
Local Government (Financial Management) Regulations 1995
Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary team and work environment
Approval Date OMC 20 November 2018
Monitor and Review Corporate Services
Last Review 2018
Next Review 2019
Review Period Annually
(a) Basis of Accounting
The financial report is a general purpose financial report which has been prepared in
accordance with applicable Australian Accounting Standards and the Local
Government Act 1995 (as amended) and accompanying regulations (as amended).
The report has also been prepared on the accrual basis under the convention of
historical cost accounting.
(b) Critical accounting estimates
The preparation of a financial report in conformity with Australian Accounting
Standards requires management to make judgements, estimates and assumptions
that effect the application of policies and reported amounts of assets and liabilities,
income and expenses.
The estimates and associated assumptions are based on historical experience and
various other factors that are believed to be reasonable under the circumstances; the
results of which form the basis of making the judgements about carrying values of
assets and liabilities that are not readily apparent from other sources. Actual results
may differ from these estimates.
(c) The Local Government Reporting Entity
All Funds through which the Council controls resources to carry on its functions have
been included in the financial statements forming part of this financial report. In the
process of reporting on the local government as a single unit, all transactions and
balances between those funds (for example, loans and transfers between Funds) have
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been eliminated. All monies held in the Trust Fund are excluded
from the financial statements, but a separate statement of those
monies appears as a Note to this financial report
(d) Goods and Services Tax
Revenues, expenses and assets are recognised net of the amount of GST, except
where the amount of GST incurred is not recoverable from the Australian Taxation
Office (ATO). Receivables and payables are stated inclusive of GST receivable or
payable. The net amount of GST recoverable from, or payable to, the ATO is included
with receivables or payables in the statement of financial position.
Cash flows are presented on a gross basis. The GST components of cash flows arising
from investing or financing activities which are recoverable from, or payable to, the
ATO are presented as operating cash flows.
(e) Cash and Cash Equivalents
Cash and cash equivalents include cash on hand, cash at bank, deposits available on
demand with banks and other short term highly liquid investments that are readily
convertible to known amounts of cash and which are subject to an insignificant risk of
changes in value and bank overdrafts. Bank overdrafts are reported as short term
borrowings in current liabilities in the statement of financial
position.
(f) Trade and Other Receivables
Trade and other receivables include amounts due from ratepayers for unpaid rates and
service charges and other amounts due from third parties for goods sold and services
performed in the ordinary course of business.
Receivables expected to be collected within 12 months of the end of the reporting
period are classified as current assets. All other receivables are classified as non-
current assets. Collectability of trade and other receivables is reviewed on an ongoing
basis. Debts that are known to be uncollectible are written off when identified. An
allowance for doubtful debts is raised when there is objective evidence that they will
not be collectible.
(g) Inventories
General
Inventories are measured at the lower of cost and net realisable value. Net realisable
value is the estimated selling price in the ordinary course of business less the
estimated costs of completion and the estimated costs necessary to make the sale.
Land held for sale
Land held for development and sale is valued at the lower of cost and net realisable
value. Cost includes the cost of acquisition, development, borrowing costs and holding
costs until completion of development. Finance costs and holding charges incurred
after development is completed are expensed. Gains and losses are recognised in
profit or loss at the time of signing an unconditional contract of sale if significant risks
and rewards, and effective control over the land, are passed on to the buyer at this
point. Land held for sale is classified as current except where it is held as non-current
based on the Council’s intentions to release for sale.
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(h) Fixed Assets
Each class of fixed assets within either property, plant and
equipment or infrastructure, is carried at cost or fair value as indicated less, where
applicable, any accumulated depreciation and impairment losses. Mandatory
requirement to revalue non-current assets Effective from 1 July 2012, the Local
Government (Financial Management) Regulations were amended and the
measurement of non-current assets at Fair Value became mandatory.
During the year ended 30 June 2013, the Shire commenced the process of adopting
Fair Value in accordance with the Regulations. Whilst the amendments initially allowed
for a phasing in of fair value in relation to fixed assets over three years, as at 30 June
2015 all non-current assets were carried at Fair Value in accordance with the the
requirements.
Thereafter, each asset class must be revalued in accordance with the regulatory
framework established and the Shire revalues its asset classes in accordance with this
mandatory timetable. Relevant disclosures, in accordance with the requirements of
Australian Accounting Standards, have been made in the financial report as
necessary.
Land under control
In accordance with Local Government (Financial Management) Regulation 16(a), the
Shire was required to include as an asset (by 30 June 2013), Crown Land operated by
the local government as a golf course, showground, racecourse or other sporting or
recreational facility of State or Regional significance.
Upon initial recognition, these assets were recorded at cost in accordance with AASB
116. They were then classified as Land and revalued along with other land in
accordance with the other policies detailed in this Note.
Initial recognition and measurement between mandatory revaluation dates
All assets are initially recognised at cost and subsequently revalued in accordance with
the mandatory measurement framework detailed above. In relation to this initial
measurement, cost is determined as the fair value of the assets given as consideration
plus costs incidental to the acquisition. For assets acquired at no cost or for nominal
consideration, cost is determined as fair value at the date of acquisition. The cost of
non-current assets constructed by the Shire includes the cost of all materials used in
construction, direct labour on the project and an appropriate proportion of variable and
fixed overheads.
Individual assets acquired between initial recognition and the next revaluation of the
asset class in accordance with the mandatory measurement framework detailed
above, are carried at cost less accumulated depreciation as management believes this
approximates fair value. They will be subject to subsequent revaluation at the next
anniversary date in accordance with the mandatory measurement framework detailed
above.
Revaluation
Increases in the carrying amount arising on revaluation of assets are credited to a
revaluation surplus in equity. Decreases that offset previous increases of the same
asset are recognized against revaluation surplus directly in equity. All other decreases
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are recognised in profit or loss.
Land under roads
In Western Australia, all land under roads is Crown Land, the responsibility for
managing which, is vested in the local government. Effective as at 1 July 2008, Council
elected not to recognise any value for land under roads acquired on or before 30 June
2008. This accords with the treatment available in Australian Accounting Standard
AASB 1051 Land Under Roads and the fact Local Government (Financial
Management) Regulation 16(a)(i) prohibits local governments from recognising such
land as an asset.
In respect of land under roads acquired on or after 1 July 2008, as detailed above,
Local Government (Financial Management) Regulation 16(a)(i) prohibits local
governments from recognising such land as an asset. Whilst such treatment is
inconsistent with the requirements of AASB 1051, Local Government (Financial
Management) Regulation 4(2) provides, in the event of such an inconsistency, the
Local Government (Financial Management) Regulations prevail. Consequently, any
land under roads acquired on or after 1 July 2008 is not included as an asset of the
Shire.
Depreciation
The depreciable amount of all fixed assets including buildings but excluding freehold
land, are depreciated on a straight-line basis over the individual asset’s useful life from
the time the asset is held ready for use. Leasehold improvements are depreciated over
the shorter of either the unexpired period of the lease or the estimated useful life of the
improvements. When an item of property, plant and equipment is revalued, any
accumulated depreciation at the date of the revaluation is treated in one of the following
ways:
a) Restated proportionately with the change in the gross carrying amount of the asset
so that the carrying amount of the asset after revaluation equals its revalued amount;
or
b) Eliminated against the gross carrying amount of the asset and the net amount
restated to the revalued amount of the asset.
Major depreciation periods used for each class of depreciable asset are:
Buildings 15 to 100 years 1-6.67%
Furniture and Equipment 4 to 10 years 10-25%
Computer Equipment 3 years 33.33%
Office Equipment 5 years 20%
Plant and Equipment 3 to 15 years 6.67 33.33%
Motor Vehicles 3-5 years 20-33%
Infrastructure Other 10-100 years 1 - 10%
Water Supply Piping & Drainage Systems 100 years 1%
Sewerage piping 100 years 1%
Footpaths 35-50 years 2-2.85%
Gravel roads
Construction/Road Base 80 years 1.25%
Gravel Sheet 12 years 8.33%
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Formed Roads (unsealed)
Construction/Road Base 80 years 1.25%
Sealed Roads and Streets
Construction/Road Base 80 years 1.25%
Major re-surfacing Bituminous Seals 14 years 7.14%
Asphalt Surfaces 30 years 3.33%
The assets residual values and useful lives are reviewed, and adjusted if appropriate,
at the end of each reporting period. An asset's carrying amount is written down
immediately to its recoverable amount if the asset's carrying amount is greater than its
estimated recoverable amount. Gains and losses on disposals are determined by
comparing proceeds with the carrying amount. These gains and losses are included in
the statement of comprehensive income in the period in which they arise.
Capitalisation threshold
Expenditure under the thresholds listed below is not capitalised. Rather, it is
recorded on an asset inventory listing.
- Land Nil (All Land Capitalised)
- Buildings 10,000
- Plant & Equipment 5,000
- Furniture & Equipment 5,000
- Infrastructure 10,000
(i) Fair Value of Assets and Liabilities
When performing a revaluation, the Shire uses a mix of both independent and
management valuations using the following as a guide:
Fair Value is the price that the Shire would receive to sell the asset or would have to
pay to transfer a liability, in an orderly (i.e. unforced) transaction between independent,
knowledgeable and willing market participants at the measurement date.
As fair value is a market-based measure, the closest equivalent observable market
pricing information is used to determine fair value. Adjustments to market values may
be made having regard to the characteristics of the specific asset or liability. The fair
values of assets that are not traded in an active market are determined using one or
more valuation techniques. These valuation techniques maximise, to the extent
possible, the use of observable market data.
To the extent possible, market information is extracted from either the principal market
for the asset or liability (i.e. the market with the greatest volume and level of activity for
the asset or liability) or, in the absence of such a market, the most advantageous
market available to the entity at the end of the reporting period (i.e. the market that
maximises the receipts from the sale of the asset after taking into account transaction
costs and transport costs).
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For non-financial assets, the fair value measurement also takes
into account a market participant’s ability to use the asset in its
highest and best use or to sell it to another market participant that would use the asset
in its highest and best use.
Fair value hierarchy
AASB 13 requires the disclosure of fair value information by level of the fair value
hierarchy, which categorises fair value measurement into one of three possible levels
based on the lowest level that an input that is significant to the measurement can be
categorised into as follows:
Level 1
Measurements based on quoted prices (unadjusted) in active markets for identical
assets or liabilities that the entity can access at the measurement date.
Level 2
Measurements based on inputs other than quoted prices included in Level 1 that are
observable for the asset or liability, either directly or indirectly.
Level 3
Measurements based on unobservable inputs for the asset or liability.
The fair values of assets and liabilities that are not traded in an active market are
determined using one or more valuation techniques. These valuation techniques
maximise, to the extent possible, the use of observable market data. If all significant
inputs required to measure fair value are observable, the asset or liability is included
in Level 2. If one or more significant inputs are not based on observable market data,
the asset or liability is included in Level 3.
Valuation techniques
The Shire selects a valuation technique that is appropriate in the circumstances and
for which sufficient data is available to measure fair value. The availability of sufficient
and relevant data primarily depends on the specific characteristics of the asset or
liability being measured. The valuation techniques selected by the Shire are consistent
with one or more of the following valuation approaches:
Market approach
Valuation techniques that use prices and other relevant information generated by
market transactions for identical or similar assets or liabilities.
Income approach
Valuation techniques that convert estimated future cash flows or income and expenses
into a single discounted present value.
Cost approach
Valuation techniques that reflect the current replacement cost of an asset at its
current service capacity.
Each valuation technique requires inputs that reflect the assumptions that buyers and
sellers would use when pricing the asset or liability, including assumptions about risks.
When selecting a valuation technique, the Shire gives priority to those techniques that
maximise the use of observable inputs and minimise the use of unobservable inputs.
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Inputs that are developed using market data (such as publicly
available information on actual transactions) and reflect the
assumptions that buyers and sellers would generally use when pricing the asset or
liability are considered observable, whereas inputs for which market data is not
available and therefore are developed using the best information available about such
assumptions are considered unobservable.
As detailed above, the mandatory measurement framework imposed by the Local
Government (Financial Management) Regulations requires, as a minimum, all assets
carried at a revalued amount to be revalued in accordance with the regulatory
framework.
(j) Financial Instruments
Initial recognition and measurement
Financial assets and financial liabilities are recognised when the Shire becomes a
party to the contractual provisions to the instrument. For financial assets, this is
equivalent to the date that the Shire commits itself to either the purchase or sale of the
asset (i.e. trade date accounting is adopted).
Financial instruments are initially measured at fair value plus transaction costs, except
where the instrument is classified 'at fair value through profit or loss', in which case
transaction costs are expensed to profit or loss immediately.
Classification and subsequent measurement
Financial instruments are subsequently measured at fair value, amortised cost using
the effective interest rate method, or at cost.
Amortised cost is calculated as:
(a) the amount in which the financial asset or financial liability is measured at initial
recognition;
(b) less principal repayments and any reduction for impairment; and
(c) plus or minus the cumulative amortisation of the difference, if any, between the
amount initially recognised and the maturity amount calculated using the effective
interest rate method.
The effective interest method is used to allocate interest income or interest expense
over the relevant period and is equivalent to the rate that discounts estimated future
cash payments or receipts (including fees, transaction costs and other premiums or
discounts) through the expected life (or when this cannot be reliably predicted, the
contractual term) of the financial instrument to the net carrying amount of the
financial asset or financial liability. Revisions to expected future net cash flows will
necessitate an adjustment to the carrying value with a consequential recognition of
an income or expense in profit or loss.
Classification and subsequent measurement (continued)
(i) Financial assets at fair value through profit and loss
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Financial assets are classified as “fair value through profit or
loss” when they are held for trading for the purpose of short-term
profit taking. Such assets are subsequently measured at fair value with changes in
carrying amount being included in profit or loss. Assets in this category are classified
as current assets.
(ii) Loans and receivables
Loans and receivables are non-derivative financial assets with fixed or determinable
payments that are not quoted in an active market and are subsequently measured at
amortised cost. Gains or losses are recognised in profit or loss. Loans and receivables
are included in current assets where they are expected to mature within 12 months
after the end of the reporting period.
(iii) Held-to-maturity investments
Held-to-maturity investments are non-derivative financial assets with fixed maturities
and fixed or determinable payments that the Shire has the positive intention and ability
to hold to maturity. They are subsequently measured at amortised cost. Gains or
losses are recognised in profit or loss.
Held-to-maturity investments are included in current assets, where they are expected
to mature within 12 months after the end of the reporting period. All other investments
are classified as non-current.
(iv) Available-for-sale financial assets
Available-for-sale financial assets are non-derivative financial assets that are either
not suitable to be classified into other categories of financial assets due to their nature,
or they are designated as such by management. They comprise investments in the
equity of other entities where there is neither a fixed maturity nor fixed or determinable
payments.
They are subsequently measured at fair value with changes in such fair value (i.e.
gains or losses) recognised in other comprehensive income (except for impairment
losses). When the financial asset is derecognised, the cumulative gain or loss
pertaining to that asset previously recognised in other comprehensive income is
reclassified into profit or loss.
Available-for-sale financial assets are included in current assets, where they are
expected to be sold within 12 months after the end of the reporting period. All other
available-for-sale financial assets are classified as non-current.
(v) Financial liabilities
Non-derivative financial liabilities (excluding financial guarantees) are subsequently
measured at amortised cost. Gains or losses are recognised in profit or loss.
Impairment
A financial asset is deemed to be impaired if, and only if, there is objective evidence of
impairment as a result of one or more events (a “loss event”) having occurred, which
will have an impact on the estimated future cash flows of the financial asset(s).
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In the case of available-for-sale financial assets, a significant or
prolonged decline in the market value of the instrument is
considered a loss event. Impairment losses are recognised in profit or loss
immediately. Also, any cumulative decline in fair value previously recognised in other
comprehensive income is reclassified to profit or loss at this point. In the case of
financial assets carried at amortised cost, loss events may include: indications that the
debtors or a group of debtors are experiencing significant financial difficulty, default or
delinquency in interest or principal payments; indications that they will enter
bankruptcy or other financial reorganisation; and changes in arrears or economic
conditions that correlate with defaults.
For financial assets carried at amortised cost (including loans and receivables), a
separate allowance account is used to reduce the carrying amount of financial assets
impaired by credit losses. After having taken all possible measures of recovery, if
management establishes that the carrying amount cannot be recovered by any means,
at that point the written-off amounts are charged to the allowance account or the
carrying amount of impaired financial assets is reduced directly if no impairment
amount was previously recognised in the allowance account.
Derecognition
Financial assets are derecognised where the contractual rights to receipt of cash flows
expire or the asset is transferred to another party whereby the Shire no longer has any
significant continual involvement in the risks and benefits associated with the asset.
Financial liabilities are derecognised where the related obligations are discharged,
cancelled or expired. The difference between the carrying amount of the financial
liability extinguished or transferred to another party and the fair value of the
consideration paid, including the transfer of non-cash assets or liabilities assumed, is
recognised in profit or loss.
(j) Impairment of Assets
In accordance with Australian Accounting Standards the Shire's assets, other than
inventories, are assessed at each reporting date to determine whether there is any
indication they may be impaired.
Where such an indication exists, an impairment test is carried out on the asset by
comparing the recoverable amount of the asset, being the higher of the asset's fair
value less costs to sell and value in use, to the asset's carrying amount.
Any excess of the asset's carrying amount over its recoverable amount is recognised
immediately in profit or loss, unless the asset is carried at a revalued amount in
accordance with another Standard (e.g. AASB 116) whereby any impairment loss of a
revalued asset is treated as a revaluation decrease in accordance with that other
Standard. For non-cash generating assets such as roads, drains, public buildings and
the like, value in use is represented by the depreciated replacement cost of the asset.
(k) Trade and Other Payables
Trade and other payables represent liabilities for goods and services provided to the
Shire prior to the end of the financial year that are unpaid and arise when the Shire
becomes obliged to make future payments in respect of the purchase of these goods
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and services. The amounts are unsecured, are recognised as a
current liability and are normally paid within 30 days of
recognition.
(l) Employee Benefits
Short-term employee benefits
Provision is made for the Shire’s obligations for short-term employee benefits. Short-
term employee benefits are benefits (other than termination benefits) that are expected
to be settled wholly before 12 months after the end of the annual reporting period in
which the employees render the related service, including wages, salaries and sick
leave. Short-term employee benefits are measured at the (undiscounted) amounts
expected to be paid when the obligation is settled.
The Shire’s obligations for short-term employee benefits such as wages, salaries and
sick leave are recognised as a part of current trade and other payables in the statement
of financial position. The Shire’s obligations for employees’ annual leave and long
service leave entitlements are recognised as provisions in the statement of financial
position.
Other long-term employee benefits
Provision is made for employees’ long service leave and annual leave entitlements not
expected to be settled wholly within 12 months after the end of the annual reporting
period in which the employees render the related service. Other long-term employee
benefits are measured at the present value of the expected future payments to be
made to employees. Expected future payments incorporate anticipated future wage
and salary levels, durations of service and employee departures and are discounted
at rates determined by reference to market yields at the end of the reporting period on
government bonds that have maturity dates that approximate the terms of the
obligations. Any remeasurements for changes in assumptions of obligations for other
long-term employee benefits are recognised in profit or loss in the periods in which the
changes occur.
The Shire’s obligations for long-term employee benefits are presented as non-current
provisions in its statement of financial position, except where the Shire does not have
an unconditional right to defer settlement for at least 12 months after the end of the
reporting period, in which case the obligations are presented as current provisions.
(m) Borrowing Costs
Borrowing costs are recognised as an expense when incurred except where they are
directly attributable to the acquisition, construction or production of a qualifying asset.
Where this is the case, they are capitalised as part of the cost of the particular asset
until such time as the asset is substantially ready for its intended use or sale.
(n) Provisions
Provisions are recognised when the Shire has a present legal or constructive
obligation, as a result of past events, for which it is probable that an outflow of
economic benefits will result and that outflow can be reliably measured. Provisions are
measured using the best estimate of the amounts required to settle the obligation at
the end of the reporting period.
(o) Leases
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Leases of fixed assets where substantially all the risks and
benefits incidental to the ownership of the asset, but not legal
ownership, are transferred to the Shire, are classified as finance leases.
Finance leases are capitalised recording an asset and a liability at the lower amounts
equal to the fair value of the leased property or the present value of the minimum lease
payments, including any guaranteed residual values. Lease payments are allocated
between the reduction of the lease liability and the lease interest expense for the
period.
Leased assets are depreciated on a straight line basis over the shorter of their
estimated useful lives or the lease term. Lease payments for operating leases, where
substantially all the risks and benefits remain with the lessor, are charged as expenses
in the periods in which they are incurred.
Lease incentives under operating leases are recognised as a liability and amortised
on a straight line basis over the life of the lease term.
(p) Investment in Associates
An associate is an entity over which the Shire has significant influence. Significant
influence is the power to participate in the financial operating policy decisions of that
entity but is not control or joint control of those policies. Investments in associates are
accounted for in the financial statements by applying the equity method of accounting,
whereby the investment is initially recognised at cost and adjusted thereafter for the
post-acquisition change in the Shire’s share of net assets of the associate. In addition,
the Shire’s share of the profit or loss of the associate is included in the Shire’s profit or
loss.
The carrying amount of the investment includes, where applicable, goodwill relating to
the associate. Any discount on acquisition, whereby the Shire’s share of the net fair
value of the associate exceeds the cost of investment, is recognised in profit or loss in
the period in which the investment is acquired.
Profits and losses resulting from transactions between the Shire and the associate are
eliminated to the extent of the Shire’s interest in the associate. When the Shire’s share
of losses in an associate equals or exceeds its interest in the associate, the Shire
discontinues recognising its share of further losses unless it has incurred legal or
constructive obligations or made payments on behalf of the associate. When the
associate subsequently makes profits, the Shire will resume recognising its share of
those profits once its share of the profits equals the share of the losses not recognised.
(q) Interests in Joint Arrangements
Joint arrangements represent the contractual sharing of control between parties in a
business
venture where unanimous decisions about relevant activities are required.
Separate joint venture entities providing joint ventures with an interest to net assets
are classified as a joint venture and accounted for using the equity method. Refer to
note 1(o) for a description of the equity method of accounting.
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Joint venture operations represent arrangements whereby joint
operators maintain direct interests in each asset and exposure
to each liability of the arrangement. The Shire’s interests in the assets liabilities,
revenue and expenses of joint operations are included in the respective line items of
the financial statements. Information about the joint ventures is set out in Note 16.
(r) Rates, Grants, Donations and Other Contributions
Rates, grants, donations and other contributions are recognised as revenues when the
local government obtains control over the assets comprising the contributions. Control
over assets acquired from rates is obtained at the commencement of the rating period
or, where earlier, upon receipt of the rates.
Where contributions recognised as revenues during the reporting period were obtained
on the condition that they be expended in a particular manner or used over a particular
period, and those conditions were undischarged as at the reporting date, the nature of
and amounts pertaining to those undischarged conditions are disclosed in Note 2(c) .
That note also discloses the amount of contributions recognized as revenues in a
previous reporting period which were obtained in respect of the local government's
operations for the current reporting period.
(s) Superannuation
The Shire contributes to a number of Superannuation Funds on behalf of employees.
All funds to which the Shire contributes are defined contribution plans.
(t) Current and Non-Current Classification
In the determination of whether an asset or liability is current or non-current,
consideration is given to the time when each asset or liability is expected to be settled.
The asset or liability is classified as current if it is expected to be settled within the next
12 months, being the Shire’s operational cycle. In the case of liabilities where the Shire
does not have the unconditional right to defer settlement beyond 12 months, such as
vested long service leave, the liability is classified as current even if not expected to
be settled within the next 12 months. Inventories held for trading are classified as
current even if not expected to be realised in the next 12 months except for land held
for sale where it is held as non-current based on the Shire’s intentions to release for
sale.
(u) Rounding Off Figures
All figures shown in this annual financial report, other than a rate in the dollar, are
rounded to the nearest dollar.
(v) Comparative Figures
Where required, comparative figures have been adjusted to conform to changes in
presentation for the current financial year. When the Shire applies an accounting policy
retrospectively, makes a retrospective restatement or reclassifies items in its financial
statement, an additional (third) statement of financial position as at the beginning of
the preceding period in addition to the minimum comparative financial statements is
presented.
(w) Budget Comparative Figures
Unless otherwise stated, the budget comparative figures shown in this annual financial
report relate to the original budget estimate for the relevant item of disclosure.
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FIN07 Investment Policy
Aim
The purpose of this Policy is to invest the Shire of Ashburton’s
surplus funds, with consideration of risk and the most favourable
rate of interest available to it at the time, for that investment type,
while ensuring that its liquidity requirements are being met.
To support the local bank, where possible, with the intention of
ensuring the bank is retained within the Shire.
Application Elected Members and Staff
Statutory Environment
Local Government Act 1995
Trustees Act 1962
Local Government (Financial Management) Regulations1996
Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 20 November 2018
Monitor and Review Corporate Services
Last Review 2018
Next Review 2020
Review Period 2 years
Surplus funds to immediate requirements shall be deposited into an authorised institution, in
accordance with Section 19 Local Government (Financial Management) Regulations 1996.
Prudent Person Standard
The investment will be managed with the care, diligence and skill that a prudent person
would exercise. Officers are to manage the investment portfolios to safeguard the portfolios
in accordance with the spirit of this Investment of Funds Policy, and not for speculative
purposes.
Ethics and Conflicts of Interests
Officers shall refrain from personal activities that would conflict with the proper execution and
management of Council’s investment portfolio. The Department of Local Government and
Communities No.1 “Disclosure of Interests Affecting Impartiality” and No.21 “Disclosure of
Financial Interests in Return” provide guidance for recognising and disclosing any conflict of
interest.
Any independent advisors are required to disclose any actual or perceived conflicts of
interest.
Approved Investments
Investments may only be made with authorised institutions as follows:
• An authorised deposit-taking institution as defined in the Banking Act 1959
(Commonwealth) section 5 with a Standard & Poor’s (or its equivalent) credit rating
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of BBB or higher; or
• The Western Australian Treasury Corporation established by the
Western
Australian Treasury Corporation Act 1986.
• Bonds that are guaranteed by the Commonwealth or a State or Territory and which
have a term not exceeding three years.
Prohibited Investments
Investments which are not allowed are as follows:
• Deposits with an institution except an authorised institution; and/or
• Deposits for a fixed term of more than 12 months;
• Stand-alone securities issued that have underlying futures, options, forwards
contracts and swaps of any kind or are in a foreign currency.
Professional Advice
The Shire may from time to time retain the services of suitably qualified investment
professionals to provide assistance in investment strategy formulation, portfolio
implementation and monitoring.
Any such independent advisor must be approved by Council and licensed by the Australian Securities and investment Commission. The advisor must be an independent person who has no actual or potential conflict of interest in relation to investment products being recommended and is free to choose the most appropriate product within the terms and conditions of this investment policy.
Any independent advisor engaged by the Shire is required to provide written confirmation that they do not have any actual or potential conflicts of interest in relation to the investment they are recommending or reviewing, including that they are not receiving any commissions or other benefits in relation to the investments being recommended or reviewed. Investment Funds All cash and investment held by the Shire are placed in common investments in accordance with Local Government (Financial Management) Regulation 1996 Regulation 8. Risk Management Guidelines Investments are restricted to bank investments only. The term of the investment will be based on forward cash flow requirements to ensure investment return on available surplus funds. All investments obtained must comply with three key criteria relating to:
• Portfolio Credit Framework limit overall credit exposure of the portfolio • Counterparty Credit Framework: limit exposure to individual • counterparties/institution; and • Term to Maturity Framework: limits based upon maturity of securities.
Portfolio Credit Framework To control the credit quality on the investment portfolio, the following credit framework limits the percentage of the portfolio exposed to any particular credit rating category.
S&P Long Term Rating S&P Short Term Rating Direct Investment Maximum
AAA A-1+ 100%
AA A-1+ 100%
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A A-1 60%
B A-2 20%
If any of the investments within the portfolio are subject to a credit rating downgrade such
that the portfolio credit percentage are no longer compliant with the Investment Policy, the
investment will be diverted as soon as practicable.
Counterparty Credit Framework
Exposure to an individual counterparty/institution will be restricted by its credit rating so that
single entity exposure is limited. There may be on occasion, subject to cash flow
requirements e.g. for end of year balancing and reserve transfers, direct investment
maximum percentage greater than 40% for a single percentage, as detailed in the table
below:
S&P Long Term Rating S&P Short Term Rating Direct Investment Maximum
AAA A-1+ 40%
AA A-1+ 40%
A A-1 20%
B A-2 10%
If any of the investments within the portfolio are subject to a credit rating downgrade such
that the portfolio credit percentage are no longer compliant with the Investment Policy, the
investment will be diverted as soon as practicable.
Term to Maturity Framework
The investment portfolio is to be invested within the following maturity constraints: investment type
Term to Maturity
ADI Deposits < 12 months
State/Commonwealth Government Bonds < 3 years
Reporting and Review
Council will receive a monthly report on the investment portfolio, listing for each investment
the institution, amount, and term to maturity, maturity date, amount interest rate, and % of
total portfolio represented by the individual investment. A summary of the composition of the
investment portfolio by credit rating and institution will also be included.
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FIN09 Authorised Signatures for Cheque/Electronic Funds
Transfer (EFT) Payments
Aim
To develop procedures for the effective security and properly
authorised use of cheques/EFT payments whilst ensuring that the
Shire provides good customer service through the timely signing of
cheques/ETFs.
Application All Staff
Statutory Environment
Local Government Act 1995 Section 6.10
Local Government (Financial Management) Regulations 1996 Part 2
Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment
Approval Date OMC 20 November 2018
Monitor and Review Corporate Services
Last Review 2018
Next Review 2020
Review Period 2 years
All payments made by cheque/EFT require the authorisation of two signatories. The
authorised signatories are to be a combination of:
Chief Executive Officer and/or
Directors
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FIN10 Wittenoom Townsite, Wittenoom Gorge and
Yampire -Gorge Rates and Services
Aim
To cease providing all physical services to Wittenoom and Yampire
Gorge. To cease waiving rates for Wittenoom properties. To cease
the promotion of Wittenoom and Yampire Gorge
Application Residents of Wittenoom
Statutory Environment
Local Government (Financial Management) Regulations 1996 Part 5 --
Rates and Service charges
Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 23 April 2018
Monitor and Review Corporate Services
Last Review 2018
Next Review 2020
Review Period 2 years
PURPOSE
To cease providing all physical services to Wittenoom and Yampire Gorge.
To cease waiving rates for Wittenoom properties; take possession of land where rates remain outstanding; and dispose of such properties taken possession of to the Crown.
To cease the promotion of Wittenoom and Yampire Gorge.
To work in harmony with the State Government, residents and industry to achieve the outcomes of this policy.
The policy acknowledges the intention of the Council to minimise its exposure to future claims for compensation or damages.
OBJECTIVE
The town of Wittenoom and mine sites in Wittenoom Gorge and Yampire Gorge based upon
latest information (or lack of it to the contrary) represent a hazard to human health due to the
considered presence of airborne blue asbestos fibres (crocidolite).
The current areas to be avoided are defined as the entire township of Wittenoom as shown
on the attached plan (comprising the roads bounded by Forrest Street, Carey Street,
Seventh Avenue, the former King Street to Third Avenue, Burgess Street, Windell Avenue
and First Avenue and including those roads and all properties adjacent to them) and within
1km of the mine sites located within the Wittenoom Gorge. In Yampire Gorge the area to be
avoided is defined as lengths along the Yampire Gorge Road from three (3) kilometres north
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of the Banjima Road intersection to ten (10) kilometres south of the
Nanutarra – Munjina Road.
The Council discontinues the provision of any services to the township of Wittenoom.
The Council shall do everything within its power to encourage remaining residents of
Wittenoom to relocate to other areas.
No promotion of Wittenoom or the mine sites by the Council or any person acting on its
behalf shall take place. On the contrary, Council advocates the avoidance of these areas.
Council shall work with the State Government to eliminate all promotion by tourism bodies
and other third parties of these areas.
Irrespective of the zoning or purpose of the land Council will rate all properties in Wittenoom
at the Residential Rate level set annually by Council in the Budget. This is in
acknowledgement that local government rates do not pertain specifically to property but also
relate to a range of services provided to the community on a non-geographic basis such as
sporting facilities, libraries, roads, governance and economic development.
With regard to any outstanding rates and charges Council will take action in accordance with
the Local Government Act 1995 Section 6.64 to take possession of the land to which the
outstanding rates pertain. Any land so claimed is to be transferred to the Crown for the
outstanding rates.
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IMAGE: Township of Wittenoom
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FIN12 Purchasing Policy
Aim
The Shire of Ashburton (the ‘Shire’) is committed to delivering best
practice in the purchasing of goods, services and works that align
with the principles of transparency, probity and good governance
whereby establishing efficient, effective, economical and sustainable
procedures in all purchasing activities.
Application Shire of Ashburton Officers, Elected Members and all other persons undertaking procurement on the Shire’s behalf
Statutory Environment
Local Government Act 1995 s.3.57 and s.6.5(a)
Local Government (Financial Management) Regulations 1996
Local Government (Functions & General) Regulations 1996
Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment
Approval Date OMC 18 December 2018
Monitor and Review Corporate Services
Last Review 2018
Next Review 2020
Review Period 2 years
1. OBJECTIVE
The objectives of this policy are to:
• Establish a procurement framework for the Shire of Ashburton to achieve
value for money and continuous improvement in the provision of services for
the community;
• Ensure that Shire resources are used efficiently and effectively to ensure
fulfilment of the Shire’s strategic goals as outlined in the Shire of Ashburton
10 Year Strategic Community Plan;
• Achieve compliance with relevant legislative requirements;
• Achieve a high standard of probity, transparency, accountability and risk
management;
• Provide equal opportunity to local suppliers; and
• Give preference to the procurement of socially and environmentally
sustainable goods, services and works.
The Shire of Ashburton will communicate best practice in procurement to all internal and
external stakeholders.
This policy applies to all procurement undertaken for the Shire and represents the principles
to be applied to the procurement of all goods, services and works carried out.
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This policy applies to all expenditure levels of the purchase of goods
and services, including purchases with a value equal or greater than
the value at which tenders are required to be invited.
2. PRINCIPLES
The Shire of Ashburton will apply the following principles for all levels of procurement
undertaken, irrespective of the value and complexity of that procurement, including:
• Value for money
• Open and fair competition
• Accountability
• Risk management
• Compliance
• Probity and transparency
All Shire procurement activities will follow an internal procurement procedure.
3. FRAMEWORK
This Policy enables the Shire to manage procurement in a measurable, standardised and
consistent way which is undertaken in accordance with best practice disciplines. This
framework will ensure that risks associated with procurement within the organisation are
identified, managed and mitigated effectively.
Centralised management, monitoring and reporting of procurement provides assurance that
the interests of the Shire and the requirements of accountability are achieved. It also
ensures that procurement is aligned with the Shire’s corporate goals and that value for
money is achieved in all areas of procurement.
All Shire procurement arrangements will be based upon best practice methods such as
those promoted by the Local Government Act 1995 and associated Regulations, the
Department of Local Government and Communities guidelines, Western Australian Local
Government Association (WALGA) Procurement and State Government Procurement
Guidelines and Shire of Ashburton policies and procedures.
4. IMPLEMENTATION
It is Shire policy to operate a procurement structure wherein all strategy, policy, technology,
best practice and networking in procurement matters will be coordinated by the Shire’s
Procurement Unit.
The scope of this policy commences from when the Shire identifies a procurement
requirement. It continues through to the delivery of goods or completion of works or services.
5. ETHICS AND PROBITY REQUIREMENTS
All persons engaged in procurement on behalf of the Shire, must exercise the highest
standards of integrity in a manner able to withstand the closest possible scrutiny.
All persons engaged in procurement on behalf of the Shire have an overriding responsibility
to act impartially and with integrity, avoiding conflicts of interest.
The Shire of Ashburton has an obligation to ensure its procurement conduct is at all times
fair, ethical, transparent and probity rich. This is essential as it ensures successful supplier
relationships, and that all suppliers have a fair chance of competing to supply the Shire. It is
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essential when the Shire is expending public funds in procuring goods
and services that those funds are expended appropriately and that the
operations of the Shire are efficient.
6. RISK MANAGEMENT
The Shire will manage all procurement activities in accordance with Policy CORP5 “Risk
Management”, to ensure risks are identified, analysed, evaluated, treated, monitored and
communicated to the standard requirement by the law and in accordance with relevant
Australian Standards and Council policy.
7. AUDIT AND CONTROL
Procurement across the Shire will be subject to internal auditing to ensure standards remain
strong and are adhered. The objective of this function is to assist and guide procurement to
successful outcomes for the Shire and to ensure that actions, issues and risks are identified,
tracked and mitigated.
As part of our annual auditing processes, our procurement practices are reviewed for
compliance against this policy.
8. REGULATORY COMPLIANCE REQUIREMENTS
8.1 Anti-Avoidance (Transaction Splitting)
The anti-avoidance provision of Regulation 12 of the Local Government (Functions and
General) 1996, states that intentionally creating multiple contracts or purchase orders in
order to avoid having to tender the supply is a breach of the provisions and is not permitted.
The Shire shall not enter into two or more contracts or multiple purchase order transactions
of a similar nature for the purpose of "splitting" the value of the purchase or contract to take
the value of the consideration of the purchase below a particular quotation or tender
threshold level, particularly in relation to Tenders and to avoid the need to call a public
Tender.
8.2 Tenders
The regulatory compliance requirements governing the public calling of tenders are detailed
within the Local Government Functions and General Regulations 1996 and the internal
procurement procedure.
Before tenders are publically invited, those undertaking procurement must determine in
writing the assessment criteria for deciding which tender may be accepted. (See TENDER
EVALUATION CRITERIA)
9. EXEMPTIONS
In the following instances quotations or public tenders are not required
9.1 Tenders
9.1.1 All Exemptions under Regulation 11(2) of the Local Government (Functions and
General) Regulations 1996 apply.
9.2 Quotes
9.2.1 Unique value for money, under the following circumstances where it:
is opportunistic; and
enhances operational efficiency; and
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is cost effective; and
leads to mitigating risk.
In relation to 9.2 Quotes, in such circumstances approval must be sought from the CEO who
may approve purchases – See ‘Exemptions’ on the CEO 099 internal form.
10. SOLE SOURCE OF SUPPLY (MONOPOLY SUPPLIERS)
The procurement of goods and services available from only one private sector source of
supply (i.e. manufacturer, supplier, and agency) is permitted without the need to call
competitive quotations, provided that there must genuinely be only one source of supply.
The CEO or Council have the final authority to determine a sole source of supply.
The determination must be declared utilising Delegation DA06-1 ‘Determining that Tenders
do not have to be invited for the supply of goods and services’, of the Delegation Authority
Register on the Record of Exercise of Power of Delegation of Authority CEO 078 and
reported as per the requirements set out in the Delegation Authority Register.
11. WALGA PREFERRED SUPPLIER ARRANGEMENTS
When it has been determined to utilise the WALGA Preferred Suppliers, the Request that is
issued to the selected suppliers must be issued as per the internal Procurement Procedure.
12. COMMON USE ARRANGEMENTS (CUA) – STATE CONTRACTS
When it has been determined to utilise an exemption through the CUA Preferred Suppliers
as per 11(2) (e) of the Local Government (Functions and General) Regulations 1996, staff
are to utilise the internal Procurement Procedure.
13. RECORDS MANAGEMENT
Records relating to all purchasing decisions are to be created and retained in accordance
with the State Records Act 2000 and Directive ADM04 ‘Record Keeping’ and made available
for audit if required.
14. ELECTED MEMBERS
With the exception of the Shire President, under exceptional circumstances authorised under
the Local Government Act 1995, no Elected Member is permitted to procure local
government goods or services.
15. DELEGATION OF AUTHORITY
Delegation of Authority is recognised as a critical component of the Shire’s governance
framework. Delegates must maintain records and other forms of documentation relevant to
the exercise of their delegation. Staff undertaking procurement on behalf of the Shire must
refer to the Delegation Authority Register to determine if the procurement they are
undertaking requires the use of a delegation and in what manner that delegation must be
recorded and reported. In particular, Staff should take note of Delegations DA06-1 through to
DA06-8.
16. AUTHORISATION OF EXPENDITURE
Authorisation of expenditure, including the acceptance of quotations, is to comply at all times
with this Policy, ELM04 Code of Conduct, an Officer’s financial authorisation, as well as any
internal procurement procedures. Employees are reminded of their obligations under the
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Council’s Code of Conduct (ELM04) to give full effect to the lawful
policies, decisions and practices of the Shire of Ashburton.
The Code of Conduct clarifies the standards of behaviour that are expected of staff in the
performance of their duties and gives guidance in areas where staff need to make personal
and ethical decisions.
17. LOCAL CONTENT
The Shire is committed to creating sustainable economic development opportunities for local
industry, in full alignment with Australian and Western Australian Government guidelines on
local participation and engagement.
This includes full, fair and reasonable opportunity for capable and competitive local
businesses to participate in the procurement of goods, equipment and services.
To ensure this the Shire will, as far as is reasonably, lawfully and economically practical:
• Work with industry advocates and local business communities to improve the
capability and competitiveness of local businesses;
• ;
• Provide information and assistance to local business on how to register on
the Shire’s eTendering and eQuoting portals, or any other authorised
avenues of engagement;
• Identify, promote and support opportunities for the participation of local
business, without compromising safety, project risks or competitiveness;
• Provide equal opportunity to local businesses to participate under the same
terms, standards and conditions as all other suppliers;
• Commercially evaluate competitive bids, giving due consideration to direct
and indirect costs factors such as price, quality, safety, environment, health,
security, delivery, service and whole of life costs; and
• Consider local content as an evaluation criteria and through the Shire’s Buy
Local – Regional Price Preference provide incentive to bidders who maximise
local contact in both labour and materials, where comparative bids are
assessed as being commercially competitive and technically acceptable.
Buy Local – Regional Price Preference
Definitions:
• Price Preference - It is the application of a discount to the price when
comparing tendered prices only, so as to give a marginal advantage to a
regional tenderer. It doesn’t refer to the price that is to be accepted.
• Regional - Is specified as the geographical area which comprises the whole of
the Shire of Ashburton.
• Regional Tenderer - as defined under the Local Government (Functions and
General) Regulations 1996 S 24B(2) is a supplier that has been operating a
business continuously out of premises within the Shire of Ashburton for at
least six months and submits a tender for the supply of goods and/or
services.
• Regional Content Preference – Is an incentive for businesses/contractors
outside the Shire of Ashburton to purchase goods, services and construction
from within the Shire. Travel and accommodation costs are not included.
Content:
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The Shire of Ashburton will encourage local industry to do
business with Council through the adoption of a Regional Price
Preference advantage in conjunction with standard tender consideration.
The Price Preference will apply to suppliers who are based in, and operate from the
Shire of Ashburton in relation to all tenders and quotations invited by the Shire of Ashburton
for the supply of goods and services and construction (building) services, unless the tender
or quotation document specifically states otherwise, providing they are competitive in regard
to specification, service, delivery and price and that such preference does not contravene
the National Competition Policy.
The preference applies to the value of the goods, materials or services sourced and
used.
Goods and Services:
The following levels of preference will be applied under this policy:
• Goods or Services up to a maximum price reduction of $50,000:
o 10% to businesses located within the Shire of Ashburton
• Construction (building) services up to a maximum price reduction of $50,000:
o 5% to businesses located within the Shire of Ashburton
• Goods or Services, including construction (building) services, up to a maximum price
reduction of $500,000, if Council is seeking tenders for the provision of those goods
or services for the first time, due to those goods or services having been, until then,
undertaken by Council:
o 10% to businesses located within the Shire of Ashburton
Regional Business Preference:
This preference enables businesses/contractors within the Shire to claim a price preference
for their whole bid, regardless of the origin of the labour or materials, as all labour and
materials are deemed to be regional content.
To qualify as a local business/contractor, a supplier must meet the following conditions:
• A permanent office in the Shire for at least six months. Local Government (Functions
and General) Regulations 1996 states that the six month calculation is based on from
when the tender period closes.
• Have permanent staff based in the Shire of Ashburton.
• That bidding and management/delivery of the majority of the quotation/contract
outcomes will be carried out from their business location in the Shire of Ashburton.
• The price of the bids from the local businesses/contractors will be reduced (for
evaluation purposes only).
Regional Content Preference:
This preference provides an incentive for businesses/contractors outside the Shire of
Ashburton to purchase goods, services and construction from within the Shire of Ashburton.
The preference applies to the value of the goods, materials or services purchased and used
within the Shire of Ashburton, and are referred to as Regional Content. The preference
percentages are as set out as above.
Regional Content limitations for suppliers based outside the Shire of Ashburton are:
• Some or all of the goods, materials or services are to be supplied from regional
sources. In this instance, the preference only applies to that part of the tender or
quote that has been supplied from regional sources which needs to be specified in
the tender submission.
• Suppliers who can demonstrate that they are suppliers of materials made from
recycled products or materials that could be recycled if the recycled products or
materials are not available locally.
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• Businesses outside of the local prescribed area who claim that
they will use regional business in the delivery of the contract
outcomes will be required, as part of the contract conditions, to demonstrate that they
have actually used them.
18. QUOTATIONS
All staff and authorised persons undertaking procurement at this level are expected to
demonstrate due diligence when conducting a quotation process and must comply with any
record keeping and audit requirements.
For expenditure that is from $0 to $4,999 excluding GST, all persons undertaking
procurement on behalf of the Shire must ensure:
1. Seek a minimum of one verbal or written quotation/s from the open market,
WALGA Pre-Qualified Supplier or the Shire’s established Panels of Pre-Qualified
Suppliers; and
2. All reasonable avenues to obtain goods or service within the Shire have been
exhausted, prior to sourcing outside.
For expenditure that is from $5,000 to $9,999 excluding GST, all persons undertaking
procurement on behalf of the Shire must ensure:
1. Seek a minimum of two quotations, confirmed in writing, from the open market,
WALGA Pre-Qualified Supplier or the Shire’s established Panels of Pre-Qualified
Suppliers;
2. All reasonable avenues to obtain goods or service within the Shire have been
exhausted, prior to sourcing outside; and
3. Evidence of all quotations sought (whether gained or not) must be recorded in
Synergy.
For expenditure that is from $10,000 to $49,999 in total value excluding GST all persons
undertaking procurement on behalf of the Shire must ensure:
1. Written Request For Quotation (RFQ) and seek minimum of three written quotations
from the open market/WALGA Pre-Qualified Supplier; or the Shire’s established
Panels of Pre-Qualified Suppliers;
2. All Reasonable avenues to obtain quotes for goods or services within the Shire have
been exhausted;
3. Prior to authorisation to purchase, the officer will submit to Procurement evidence of
quotation/s. Procurement will review for compliance and if correctly undertaken, raise
a requisition, notify the Officer and record in Synergy.
For expenditure that is from $50,000 to and $149,999 in total value excluding GST all
persons undertaking procurement on behalf of the Shire must ensure:
1. Formal RFQ via Tenderlink, or WALGA eQuotes or the Shire’s established Panels of
Pre-Qualified Suppliers; and
2. The formal RFQ is prepared through Procurement.
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For expenditure that is or is expected to be worth more than $150,000
excluding GST any person/s undertaking procurement on behalf of
the Shire must ensure:
1. The formal Request for Tender (RFT) follows all legislative requirements as detailed
in the Local Government (Functions and General) Regulations 1996, and this Policy;
2. Formal Request For Tender issued via Tenderlink, WALGA eQuotes or the Shire’s
established Panels of Pre-Qualified Suppliers;
3. Advertised (where applicable); and
4. Formal RFT is prepared through Procurement
Purchase
Value
Excl GST
Policy Requirement
Supplier
Details Quotes Conditions
$0- $ 4,999 All
suppliers
Seek a minimum of one
verbal or written quotation
from the open
market/WALGA Pre-Qualified
Suppliers or
The Shire’s established
Panels of Pre-Qualified
Suppliers.
All Reasonable avenues to
obtain quotes for goods or
services within the Shire
have been exhausted.
$5,000 -
$9,999
All
suppliers
Seek a minimum of two
quotations, confirmed in
writing from the open
market/WALGA Pre-Qualified
Supplier or
The Shire’s established
Panels of Pre-Qualified
Suppliers.
All Reasonable avenues to
obtain quotes for goods or
services within the Shire
have been exhausted.
Evidence of all quotations
sought (whether gained or
not) must be recorded in
Synergy.
$10,000 -
$49,999
All
suppliers Written Request For Quotation
(RFQ) and seek minimum of
three written quotations from
the open market/WALGA Pre-
Qualified Supplier or
The Shire’s established Panels
of Pre-Qualified Suppliers.
All Reasonable avenues to
obtain quotes for goods or
services within the Shire
have been exhausted.
Prior to authorisation to
purchase, the officer will
submit to Procurement
evidence of quotation/s.
Procurement will review for
compliance and if correctly
undertaken, raise a
requisition, notify the Officer
and record in Synergy.
$50,000-
$149,999
All
suppliers Formal RFQ Via Tenderlink,
WALGA eQuotes or the
Shire’s established Panels of
Pre-Qualified Suppliers.
Formal RFQ is prepared
through Procurement.
$150,000 + All
Suppliers
Formal Request For Tender
(RFT) Via Tenderlink,
WALGA eQuotes or the
Shire’s established Panels of
Pre-Qualified Suppliers.
Advertised (where
applicable).
Formal RFT is prepared
through Procurement.
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19. VARIATIONS TO CONTRACT
Under the Local Government (Functions and General) Regulations
1996, Regulation 21A provides that a contract cannot be varied once a local government has
entered into a contract for the supply of goods or services unless:
(a) the variation is necessary in order for the goods or services to be supplied and does not
change the scope of the contract, or
(b) The variation is a renewal or extension of the original term of the contract (in accordance
with regulation 11(2) (j)).
20. PANEL OF PRE-QUALIFIED SUPPLIERS
In this instance, panel of pre-qualified suppliers means a panel of pre-qualified suppliers of
goods and services established by the Shire in accordance with Part 4, Division 3 of the
Local Government (Functions and General) Regulations 1996.
In this instance, a pre-qualified supplier, of particular goods and services, means a person
who is part of a panel of pre-qualified suppliers for the supply of those goods and services.
A pre-qualified supplier under this heading should not be confused with a WALGA Preferred
Supplier.
Before a person/s undertaking procurement on behalf of the Shire undertakes to establish a
pre-qualified supplier panel, they must be satisfied that there is, or will be, a continuing need
for the particular goods or services to be supplied and the cost of doing so does not
outweigh the benefit.
A Request for a Panel of Preferred Suppliers (for any type of goods or service) will be
processed in the same manner as any other Public Request for Tender and in accordance
with the conditions listed for expenditure over $150,000 and the internal procurement
procedure.
Once a Panel of Preferred Suppliers has been established, any person/s undertaking
procurement on behalf of the Shire must do the following:
• Before procuring any goods or services from the suppliers appointed as a
Preferred Supplier on a Panel, the Officer must obtain a quotation from each
supplier for the goods or services required;
• The quotation must be in a simple format (not as complex as a formal Request
for Quotation), be clear, concise and understood by all suppliers on the Preferred
Supplier Panel;
• The request for quotation to each supplier must be communicated electronically,
in an instantaneous manner, to all suppliers at the same time (email
communication);
• Where email communication is not possible, the supplier must be contacted via
telephone as soon as practically possible;
• Each supplier on the Preferred Supplier Panel must receive equal opportunity to
supply the goods or services over the duration of the Contract;
• When distributing work amongst the suppliers on the Preferred Supplier Panel
over the duration of the Contract, the Shire must take into account the suppliers
current commitments and previous work undertaken by the supplier.
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21. TENDER EVALUATION CRITERIA
Objective:
To enable expediency in existing tender management systems and to enable guidance to be
provided to the CEO in accordance with any available delegations when approving the use
of suitable tender evaluation criteria, prior to the inviting of tenders for identifiable budget
items.
Principles:
To achieve compliance with Part 4 of the Local Government (Functions and General)
Regulations 1996. This provides the process to be followed when inviting tenders.
Regulation 14 (2a) indicates the need for the local government to determine the criteria to be
applied to the tender for assessment purposes prior to the invitation being publicised; and
Achieve a high standard of probity, transparency, accountability and risk management.
Where WALGA procurement is used to obtain quotes or tenders, these will also be assessed
as per this policy.
Procedures:
Tenders vary greatly in the nature of the activity, scope of works and pricing, therefore it will
be difficult to find a single evaluation solution to fit all circumstances. What is provided in this
policy is a flexible category that is to be used as a guide approved by Council.
Scope of Works:
This must be relevant and in specific detail to give the contracted tenderer a clear
understanding of the nature and extent of works required including timeframes and
deliverables to complete the tendered work. Pricing by the tenderer will be based on the
Scope of Works outlined. Therefore the more detail provided the more accurate will be the
pricing and less contingencies.
All detail is required to be confirmed prior to the invitation of tenders by the relevant Director
or CEO.
Where Periodic Schedule of Rates Tenders have been called for supply of materials or
services, the amount to be considered under the selection criteria needs to be determined
and documented, by estimating the quantities to be used on a particular project or over a
particular time period, as appropriate. This amount is then to be assessed as per these
procedures.
Evaluation:
All staff are to utilise the Shire of Ashburton Tender Evaluation Handbook provided by the
Procurement Unit when conducting evaluations.
Tenders are to be tested against any compliance criteria to eliminate those which are non-
compliant.
The qualitative selection criteria are then to be applied to the remaining tenderers, and the
tenderers to be ranked on their assessed score.
Apply the Buy Local – Regional Price Preference where applicable to quotes and tenders to
reduce the price to be considered under the qualitative selection criteria.
Evaluation Criteria:
Compulsory Compliance Criteria for each Tender must contain a minimum of the below:
Completed Tenderers Offer Form
Financial Position
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Conflicts of Interest
Insurance Details
Occupational Health & Safety
Addenda Acknowledgement
Quality Assurance
Alternative Tender (if applicable)
Registration or Licensing Requirements
Buy Local Price Preference Application (if applicable)
Qualitative Criteria
The Qualitative assessment criteria for the evaluation of tenders below, will allow the
Requesting Officer to specify the percentages relevant to the goods or services required.
The headings as stated below must be utilised, however the weightings can be decided
based on the requirements.
Outside of this Criteria
Instances whereby a tender is outside of this policy:
Tender is for disposal (sale) of property, which is subject to the provisions of Section 3.58 of
the Local Government Act 1995.
Criteria Changes
Where the Requesting Officer believes the set criteria does not meet the needs of the
Tender, there is power to authorise the changes under delegation. This ability is
discretionary and the authority to act is limited to the relevant Director or the Chief Executive
Officer.
A determination must be declared utilising Delegation DA06-2 ‘Tenders Evaluation
Criteria’ of the Delegation Authority Register, reported on the Record of Exercise of Power
of Delegation of Authority CEO 078 (available via the Shire of Ashburton Internal Intranet -
AIMS) and reported as per the requirements set out in the Delegation Authority Register.
Qualitative Selection Criteria Weighting
Relevant Experience XX%
Key Personnel XX%
Past Company Performances XX%
Resources/Plant/Equipment XX%
Methodology/Quality and OHS Systems/Life Cycle/Risk Management XX%
Price 40%
The total price including all delivery and other costs
Totalling 100%
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22. ASSOCIATED DOCUMENTS
External
• Local Government Act 1995
• Local Government (Functions and General) Regulations 1996
Internal
• Council’s Current Financial Year Budget
• Strategic Community Plan
• Corporate Business Plan
• Long Term Financial Plan
• Delegation Register
• Risk Management Policy (CORP5)
• Asset Management Plan (ENG09)
• Record Keeping Directive (ADM04)
• Code of Conduct (ELM04)
• Misconduct Prevention Directive (CORP2)
• Tender Evaluation Handbook
• Internal Procurement Procedure
• Procurement Directive (FIN22)
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FIN13 Debtors Management – General
Aim
To provide guidelines for staff that assist in ensuring any monies
owed to Council are collected in a consistent and timely manner.
This policy will apply to debtors to provide them with clear guidelines
relating to outstanding monies.
Application
Corporate Services Employees
Statutory Environment
Local Government Act 1995 s6.12; s6.13; s6.16 and s6.17
Caravans and Parks Camping Grounds Act 1995
Caravan Parks and Camping Grounds Regulations 1997
Fines Penalties and Infringement Notices Enforcement Regulations
1994
Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment
Approval Date OMC 20 November 2018
Monitor and Review Corporate Services
Last Review 2018
Next Review 2020
Review Period 2 years
POLICY STATEMENT
The purpose of this policy and any associated guidelines is to establish a framework that
will:
1. Ensure a fair and accountable approach to the Shire’s debt management and
collection decisions and practices.
2. Provide guiding principles for the management of credit control, debt collection and a
bad debt write offs.
3. Ensure timely collection of all monies owing to the Shire for the purpose of optimising
cash flow and reducing bad debt write offs.
GENERAL PRINCIPLES The CEO shall ensure there are Debtors Management Procedures that suitably accommodate the above sentiments and to effectively manage the Shire’s debts with the following principles:
i. Appropriate Credit limits and controls are established and maintained to ensure the risk of financial loss is correctly managed
ii. Maximum approved credit limit is no greater than $50,000 unless approved by the Shire Chief Executive Officer in consultation with the Shire President.
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iii. Credit terms shall be clearly outlined in the Application for Credit and also stated on the issued tax invoice
iv. Debt Collection processes established are to be fair, flexible and realistic and should accord with the ACC-ASIC Debt Collection Guidelines for Collectors and Creditors
v. The recovery of outstanding debtor accounts will be collected in a timely manner generally as follows:
a. Payment not received at 30 days from invoice date - First and Final Notice issued
with 7 days to pay or special arrangement put in place b. Payment not received at 45 days from invoice date – Final Demand issued allowing 7
days to pay and credit may be suspended. c. Payment not received at 60 days from invoice date – Credit shall be suspended and
legal action may commence.
Timing of pursuing debtor accounts is at the discretion of the Director Corporate Services.
vi. Penalty interest will be imposed on debtor accounts more than 30 days overdue at a rate set in the annual budget.
vii. Legal action may include but is not limited to:
a. Letter of Demand b. General Procedure Claim c. Judgement d. Property Seizure & Sale Order of Goods (with e. Wind up against Company
viii. All legal costs associated with the debt collection action may be borne by the debtor.
ix. Action for writing off bad debts should only take place where all avenues for recovery
have been exhausted or it becomes unviable to keep pursuing the debt.
x. Unrecoverable debts may be written off under Council delegation in accordance with
DA03-2 Write off Monies Owing.
xi. An annual review of provisions for doubtful debt will occur and appropriate
adjustments made in the budget.
xii. All records shall be kept to ensure continuity of information for historical purposes
through Synergy Records
OCEANVIEW CARAVAN PARK
i. Oceanview Caravan Park managers will follow the procedures under the Caravan
Parks & Camping Grounds Act 1995 to recover debts and will forward onto Finance
once these have been exhausted for recovery as per the Debtors Management
Procedures
INFRINGEMENTS
i. Infringements are recorded in Synergy and recovery is managed by Ranger
Services. When infringements remain unpaid they may be referred to Fines
Enforcement Registry and recovered under the Fines, Penalties and Infringement
Notices Enforcement Act 1994.
EXEMPTIONS
i. All sporting groups and not for Profit Community organisations are exempt from debt
recovery action and penalty interest however the Shire may refuse booking requests
for facilities if monies owing exceeding the Shire’s trading terms.
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ii. Any staff member with a debt outstanding at the time of
resignation or termination must pay the debt off in full prior to
their final pay or the amounts may be automatically deducted from their final pay as
per their signed employment contract.
iii. Funding bodies and government organisations are exempt from debt recovery action
and penalty interest.
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FIN15 Rates Debt Recovery Policy
Aim
To provide guidelines to the staff on appropriate debt recovery and
write off procedures to ensure effective control over Rates and
Charges that become due and payable.
Application All Staff
Statutory Environment
Local Government Act 995 s6
Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 04 – Exemplary Team and Work Environment
Approval Date OMC 20 November 2018
Monitor and Review Corporate Services
Last Review 2018
Next Review 2020
Review Period 2 years
1. Policy Objectives
To ensure the monies owed to Council are received in a timely, efficient and effective manner in order to finance Council’s operations and ensure effective cash flow management.
To fulfil statutory requirements of the Local Government Act 1995 and other relevant legislation in relation to the recovery of rates and charges.
During the debt recovery process Council will treat people fairly, consistently, and in a confidential and professional manner.
2. Recovery of Rates Outstanding
Any rate payment due to the Council that has not been received by the due date is to be
recovered in accordance with this Policy
2.1 Rates and Charges Notice
Rates and service charges are issued every year as soon as the Council’s annual budget is
adopted in conjunction with rates in the dollar approved by the Council.
Rates are payable in full by due date or by two (2) or four (4) instalment options. A rate
instalment notice is to be issued 35 days before the next instalment is due pursuant to
section 6.50 of the Local Government Act 1995.
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2.2 Special Arrangement
Council may, at the request of a ratepayer, approve special payment arrangements other
than instalment options offered on the rate notice subject to the following:
(i) Special arrangements must be finalised in full prior to 30th June of the current financial year unless under extenuating circumstances and as approved by the Director Corporate Services or CEO.
(ii) Interest will continue to accrue on any arrears during the period of arrangement
(iii) All requests for payment arrangements are to be made in writing. Payments can be made either weekly, fortnightly, monthly or by other arrangements approved by the Director Corporate Services or the CEO.
(iv) Extension of time beyond three (3) months without payment is not acceptable.
(v) Where the ratepayer defaults on two consecutive payments, the arrangement will immediately be withdrawn and will be subject to further action, depending upon prevailing circumstances as outlined in the debt collection process.
2.3 Final Notice
A final notice is to be issued within 7 days after the due date of any assessment where
Rates and Charges remain outstanding and an alternative special arrangement has not been
made.
The final notice will advise the following:
(a) The amount of outstanding levies and interest accrued up until the date of the notice, allowing 7 working days for payment in full.
(b) If the amount due is not received by the due date specified in the notice, legal proceedings can be initiated to recover the debt.
(c) Advise ratepayers to contact the Shire within the 7 days specified in the notice to make alternative arrangements for the payment of the overdue amount.
(d) All debt recovery costs and fees as per the Local Government Act 1995 associated with any course of action are to be borne by the owner of the debt and will subsequently remain a charge on the land/property.
2.4 Recovery Action – Referral to Debt Collection Agency
Following the expiry date on the final notice, Council shall, depending upon the prevailing
circumstances and an assessment the cost versus benefit to the Shire, refer the debt to its
collection agency to commence with the issuing of court proceedings in accordance with
section 6.56 of the Local Government Act 1995.
Procedures for Debt Recovery by Agency:
(i) A ‘letter of final demand’ is issued to the rate payer to make payments within 7 days of receiving the letter.
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(ii) Seven (7) days after the Final Demand Letter and where payment still remains outstanding, a General Procedure Claim (Legal Claim) will be issued for the recovery of the debt.
(iii) The General Procedure Claim (GPC) will automatically affect the ratepayer’s credit rating.
(iv) If the Bailiff is successful in serving the GPC, the ratepayer should contact the Council to make a payment arrangement or the ratepayer can complete a form which is part of the GPC to be forwarded to Court.
(v) When the GPC is served, the ratepayer will have 14 days to respond. Council may proceed with the next step if the ratepayer fails to respond as required after the 14 days.
(vi) Where the owner has not responded to the GPC, a Property Seizure and Sale Order (PSSO) is to be issued and the Bailiff will go out to the affected property and seize goods to the value of the debt outstanding.
(vii) If the rate payer does not own any goods to be seized to the value of the debt, Council may proceed with a PSSO over land. Council may auction the land to recover the debt owed.
Further legal proceedings are to continue until payment of rates imposed is secured.
2.5 Other Recovery options that may be undertaken by the Council
a) Where Rates and Charges remain unpaid, are not subject to an approved alternative special arrangement and the property is not occupied by the ratepayer and is leased, section 6.60 of the Local Government Act 1995 shall be imposed, requiring the leasee or tenant to pay to the Shire, the rent due payable under the lease/tenancy agreement as it becomes due, until the outstanding amount has been paid in full. The approval of Council is to be obtained before this course of action is undertaken.
b) Where Rates and Charges remain unpaid and are not subject to an approved alternative special arrangement, impose section 6.64 of the Local Government Act, to lodge a caveat on the title of the land. The approval of Council is to be obtained before this course of action is undertaken.
c) Where Rates and Charges remain unpaid for at least 3 years and are not subject to an approved alternative special arrangement, impose section 6.64 of the Local Government Act 1995, to take possession of the land. The approval of Council is to be obtained before this course of action is undertaken.
d) Where Rates and Charges remain unpaid and are not subject to an approved alternative special arrangement, the Shire may, for the purpose of determining if it is a condition of the loan for the rates and taxes to be kept current, query with the Mortgager details of the loan where applicable, with a view to having the debt paid by the financial institution.
3. Late Payment Penalty
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Interest is to be calculated daily on overdue rates and charges at a rate set in the Council’s Annual Budget in accordance with the Local Government Act 1995. The rate of interest set by the Council must not exceed the rate specified by the Minister for Local Government.
Where an instalment option is taken, the account of the ratepayer is to be levied with an additional instalment charge as prescribed in Council’s Fees & Charges schedule.
A late penalty fee is to be charged on special payment arrangement as prescribed in Council’s Fees & Charges schedule.
4. Bad Debts/ Write Off
(i) Council may at its discretion, remit penalties and related expenses for late payment of rates, including where genuine hardship can be substantiated.
(ii) Writing off unpaid debts will only be considered when all reasonable attempts have been made to recover the outstanding amount.
(iii) Bad debts of an amount greater than the Chief Executive Officer’s authority limit can only be written off by Council resolution.
5. Roles and Responsibilities
The Chief Executive Officer shall be responsible for the application of delegations of authority in regards to the Policy
The Director Corporate Services shall be responsible for referring matters to Council in regards to this Policy and the collection of outstanding debts.
Finance Manager shall be responsible for ensuring Policy and procedures are implemented and monitored.
Finance officers shall be responsible for reviewing and ensuring that all balances are recovered without the need for legal action wherever possible and that all relevant Council policies are adhered to.
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FIN20 Related Party Disclosures
Aim
The purpose of this policy is to ensure that the Shire of Ashburton’s
financial statements contain the disclosures necessary to draw
attention to the possibility that its financial position may have been
affected by the existence of related parties and by transactions and
outstanding balances, including commitments, with such parties in
line with the requirements of AASB 124 – Related Party Disclosures.
Application Elected Members, Chief Executive and Designated Senior
Employees
Statutory Environment
Local Government Act 1995
Local Government (Financial Management) Regulations 1996
Australian Accounting Standard – AASB 124 Related Party Disclosure
Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 24 October 2017
Monitor and Review Corporate Services
Last Review 2017
Next Review 2019
Review Period 2 years
Identification of Related Parties
AASB 124 provides that the Shire of Ashburton will be required to disclose in its Annual
Financial reports, related party relationships, transactions and outstanding balances.
Related parties includes a person who has significant influence over the reporting entity,
a member of the key management personnel (KMP) of the entity, or a close family member
of that person who may be expected to influence that person.
KMP are defined as persons having authority and responsibility for planning, directing and
controlling the activities of the entity, directly or indirectly.
For the purposes of determining the application of the standard, the Shire of Ashburton has
identified the following persons as meeting the definition of Related Party:
An Elected Member
Key management personnel being a person employed under section 5.36 of the
Local Government Act 1995 in the capacity of Chief Executive Officer or a designated
senior employee appointed under section 5.37 of that Act as a Director
Close members of the family of any person listed above, including that person’s child,
spouse or domestic partner, children of a spouse or domestic partner, dependents of
that person or person’s spouse or domestic partner
Entities that are controlled or jointly controlled by an Elected Member, KMP or their
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close family members. Entities include companies, trusts, joint
ventures, partnerships and non-profit associations such as
sporting clubs.
The Shire of Ashburton will therefore be required to assess all transactions made with these persons or entities.
Identification of related party transactions
A related party transaction is a transfer of resources, services or obligations between the
Shire of Ashburton (reporting entity) and the related party, regardless of whether a price is
charged.
For the purposes of determining whether a related party transaction has occurred, the
following transactions or provision of services have been identified as meeting this criteria:
Paying rates
Fines
Use of Shire of Ashburton owned facilities such as [Recreation Centre, Civic Centre,
library, parks, ovals and other public open spaces (whether charged a fee or not)]
Attending council functions that are open to the public
Employee compensation whether it is for KMP or close family members of KMP
Application fees paid to the Shire of Ashburton for licences, approvals or permits
Lease agreements for housing rental (whether for a Shire of Ashburton owned
property or property sub-leased by the Shire of Ashburton through a Real Estate
Agent)
Lease agreements for commercial properties
Monetary and non-monetary transactions between the Shire of Ashburton and any
business or associated entity owned or controlled by the related party (including family)
in exchange for goods and/or services provided by/to the Shire of Ashburton (trading
arrangement)
Sale or purchase of any motor vehicles, buildings or land owned by the Shire of
Ashburton, to a person identified above
Sale or purchase of any motor vehicles, buildings or land owned by a person identified
above, to the Shire of Ashburton
Loan Arrangements
Contracts and agreements for construction, consultancy or services
Some of the transactions listed above, occur on terms and conditions no different to those
applying to the general public and have been provided in the course of delivering public service
objectives. These transactions are those that an ordinary citizen would undertake with
Council and are referred to as an Ordinary Citizen Transaction (OCT). Where the Shire of
Ashburton can determine that an OCT was provided at arm’s length, and in similar terms
and conditions to other members of the public and, that the nature of the transaction is
immaterial, no disclosure in the annual financial report will be required.
Disclosure Requirements
For the purposes of determining relevant transactions, Elected Members and key management
personnel as identified above, will be required to complete a Related Party Disclosures -
Shire of Ashburton Policy Manual
224
Declaration form for submission to financial services.
Ordinary Citizen Transactions (OCTs)
This Policy serves to confirm that in the opinion of Management and the Council, based on the
facts and circumstances, the following OCT’s that are provided on terms and conditions no
different to those applying to the general public and which have been provided in the course
of delivering public service objectives, are unlikely to influence the decisions that users of the
Council’s financial statements make. As such no disclosure in the Related Party Disclosures -
Declaration form will be required.
Paying rates
Fines
Use of Shire of Ashburton owned facilities such as Recreation Centre, Civic Centre,
library, parks, ovals and other public open spaces
Attending council functions that are open to the public
Application fees paid to the Shire of Ashburton for licences, approvals or permits
Where these services were not provided at arm’s length and under the same terms and
conditions applying to the general public, Elected Members and KMP will be required to
make a declaration in the Related Party Disclosures - Declaration form about the nature of
any discount or special terms received.
All other transactions
For all other transactions, Elected Members and KMP will be required to make a declaration in
the Related Party Disclosures - Declaration form.
Frequency of disclosures
Elected Council members and KMP will be required to complete a Related Party Disclosures -
Declaration form annually or when they leave the Shire of Ashburton as an elected member or
on cessation of employment, whichever comes earlier.
Confidentiality
All information contained in a disclosure return, will be treated in confidence. Generally,
related party disclosures in the annual financial reports are reported in aggregate and as
such, individuals are not specifically identified. Notwithstanding, management is required
to exercise judgement in determining the level of detail to be disclosed based on the nature
of a transaction or collective transactions and the materiality. Individuals may be specifically
identified, if the disclosure requirements of AASB 124 so demands.
Materiality
Management will apply professional judgement to assess the materiality of transactions
disclosed by related parties and their subsequent inclusion in the financial statements.
In assessing materiality, management will consider both the size and nature of the transaction,
individually and collectively.
Related documents:
Related Party Disclosures – Declaration form SOA CEO 015
Shire of Ashburton Policy Manual
225
FIN21 Rating
Aim
The purpose of this policy is to ensure that the Shire of Ashburton
applies the rating principles under the Act to any separately
identifiable rateable portion of land within the district and to
establish guidelines for the Gross Rental Valuation (GRV) rating of
property whose predominant use is non-rural including but not limited
to Transient Workers Accommodation (TWA) and other selected
capital improvements on mining tenements and petroleum licences.
Application Elected Members, Chief Executive and Designated Senior
Employees
Statutory Environment
Local Government Act 1995
Local Government (Financial Management) Regulations 1996
Australian Accounting Standard – AASB 124 Related Party Disclosure
Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 21 November 2017
Monitor and Review Corporate Services
Last Review 2017
Next Review 2019
Review Period 2 years
Statutory Requirement
The Minister for Local Government, Sport and Cultural Issues has the responsibility for
determining the method of valuation of land to be used by the Valuer General.
Section 6.28 (1) & (2) of the Local Government Act 1995 (“the Act”) reads:
(1) The Minister (for Local Government and Communities) is to –
(a) determine the method of valuation of land to be used by a local government as the basis
for a rate; and
(b) publish a notice of the determination in the Government Gazette.
(2) In determining the method of valuation of land to be used by a local government the
Minister is to have regard to the general principle that the basis for a rate on any land is to
be –
(a) where the land is used predominantly for rural purposes, the unimproved value of the
land; and
(b) where the land is used predominantly for non-rural purposes, the gross rental value of
the land.
Local Government is required to make up any budget deficiency by applying a general rate
set as a rate in the dollar of Unimproved Value (UV), or a rate in the dollar of the Gross
Rental Value (GRV) of the land.
Shire of Ashburton Policy Manual
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Section 6.32 (1) & (2) of the Act reads:
(1) When adopting the annual budget, a local government –
(a) in order to make up the budget deficiency, is to impose a general rate
on rateable land within its district, which rate may be imposed either –
(i) uniformly; or
(ii) differentially.
(2) Where a local government resolves to impose a rate it is required to:
(a) set a rate which is expressed as a rate in the dollar of the gross rental value of rateable
land within its district to be rated on gross rental value; and
(b) set a rate which is expressed as a rate in the dollar of the unimproved value of rateable
land within its district to be rated on unimproved value.
When resolving to impose a rate, a local government may impose a uniform rate for each
method of valuation or a differential general rates for each method of valuation.
Section 6.33 (1), (2), (3) & (4) of the Act reads:
(1) A local government may impose differential general rates according to any, or a
combination, of the following characteristics:
(a)the purpose for which the land is zoned, whether or not under a local planning scheme or
improvement scheme in force under the Planning and Development Act 2005; or
(b) a purpose for which the land is held or used as determined by the local government; or
(c) whether or not the land is vacant land; or
(d) any other characteristic or combination of characteristics prescribed.
(2) Regulations may:
(a) specify the characteristics under subsection (1) which a local government is to use; or
(b) limit the characteristics under subsection (1) which a local government is permitted to
use.
(3) In imposing a differential general rate a local government is not to, without the approval
of the Minister, impose a differential general rate which is more than twice the lowest
differential general rate imposed by it.
(4) If during a financial year, the characteristics of any land which form the basis for the
imposition of a differential general rate have changed, the local government is not to, on
account of that change, amend the assessment of rates payable on that land in respect of
that financial year but this subsection does not apply in any case where section 6.40(1) (a)
applies.
Where the Minister changes the basis of valuation from UV to GRV, Council may resolve to
apply the change of valuation immediately / or phase in any changes in valuation in
accordance with Schedule 6.1 of the Act.
The Act enables local government to apply gross rental value as the basis for rating on a
portion of land, which has a "relevant interest" (mining and petroleum). The Shire notes that
the Minister for Local Government has implemented a Rating Policy – Valuation of Land -
Mining (March 2016) to standardise the application of gross rental value to resource projects
throughout the State.
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227
The Minister’s decision provides Council with the opportunity to GRV
rate selected capital improvements, particularly TWAs, on resource
tenements, to the benefit of the wider community, in general.
The Shire recognises that there may exist limitations placed on the Shire’s ability to achieve
its stated objective due to existing “State Agreement” legislation negotiated between the
State Government and individual resource companies prohibiting the GRV rating of
improvements on a number of specific sites although recent investigation proves that all
existing agreements are without such restriction.
Principles
In applying the rating principles set out within the Act and in making the decisions on the
purpose for which the land is held or used or identifying any other characteristics of the land,
the following principles will be observed:
• Objectivity – the use of land should be reviewed and determined on the basis of an
objective assessment of relevant criteria. External parties should be able to
understand how and why a particular determination was made.
• Fairness and Equity – each property should make a fair contribution to rates based
on a method of valuation that appropriately reflects its use.
• Consistency – Rating principles should be applied and determinations should be
made in a consistent manner. Like properties should be treated in a like manner.
• Transparency – Systems and procedures for determining the method of valuation
should be clearly documented.
• Administrative Efficiency – rating principles and procedures should be applied and
implemented in an efficient and cost-effective manner.
GRV Transient Workers Accommodation
The following actions shall be taken in order to ensure that this Council Policy is applied in a
fair and equitable manner.
• Council shall adopt a GRV Differential Rate in the dollar for resource based TWAs,
which reflects the demands these facilities place on Shire goods and services,
relative to other GRV rated land uses within the Shire.
• All TWAs constructed within the Shire of Ashburton shall be subjected to an
assessment, in accordance with this policy, at the time an “Occupancy Permit”, is
issued for the facility, pursuant to the Western Australia Building Act 2011.
• All TWAs existing within the Shire on the date Council adopted this policy, shall be
subjected to an assessment, in accordance with this policy, at the earliest practical
date.
• The following TWAs shall be exempt from GRV rating
1. Facilities which have a life of less than 12 months; and
2. Facilities which may be exempted by the provisions of “State
Agreement” Legislation.
• A GRV valuation estimate shall be obtained from Landgates Valuation and
Property Section and an initial assessment made of the rate liability of the
facility.
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• If it is deemed appropriate, Council will follow the procedures
outlined in Rating Policy – Valuation of Land - Mining
(March 2016) to obtain Ministerial permission to undertake the GRV Rating of
Improvements on Mining Tenements and Petroleum Licence Sites.
• A register listing the facilities rated pursuant to this policy, shall be maintained.
Each facility shall be categorised as Short, Medium or Long Term, based on the
following Criteria:
O Short Term Life expectancy of 12 months to 5 years
O Medium Term Life expectancy of more than 5 and up to 15 years
O Long Term Life expectancy of more than 15 years
• In April each year, each TWA will be contacted to determine their anticipated life
expectancy and the register reviewed accordingly. Prior to the adoption of the annual
budget, Council shall give consideration to the total rates collected under this policy
and shall have regard to whether these funds are short, medium and long term
funding, when making budgetary commitments.
Systems and Procedures
In order for the Minister to ensure the rating principles under the Act are applied to any
separately identifiable rateable portion of land within the district, the Shire is to have systems
and procedures to:
• identify and record any changes in land use;
• review the predominant use of land affected by significant land use changes;
• consult with affected parties;
• obtain Council approval to apply to the Minister for a change in method of valuation;
and
• ensure timely application to the Minister
• maintain a register of planning and/or building and/or health and food inspection
approvals outside of town-sites, such as mining camps
The purpose for which the land is zoned shall form the initial guide to the predominant use of
any land within the district.
A guide to the predominant use of land within the district based on the zoning under Local
Planning Scheme 7 is detailed on the following page. Where the current predominant use of
the land is different to the initial guide the basis for this determination should be clearly
documented.
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229
Guide to predominant use of land
Method of Valuation Zone Grouping Zones
Gross Rental Value (GRV) (Non-Rural Land Use)
Residential Zones Residential
Commercial Zones Commercial and civic
Tourism
Industrial Zones Mixed Business
Industry
Industrial and Mixed Business Development
Strategic Industry
Community Zones Education
Airport
Unimproved value (UV) (Rural Land Use)
Rural Zones Rural
No guide Residential Zones Urban Development
Rural Zones Rural Living
Community Zones Community
Other Zones Settlement
Special Use
Development
Where the predominant current land use for land does not align to the Rural or Non-Rural land
use indicated by the guide above determination of whether a different method of valuation
should be used is required. The table below provides an indication of the basis of valuation
based on allowable land uses which may require a different method of valuation to the one
indicated by the guide above. Non-conforming land use and land where the zoning does not
provide a guide will require examination on a case by case basis.
Possible alternative method of valuation
ZONING TABLE
Resid
en
tial
Co
mm
erc
ial an
d C
ivic
To
uri
sm
Mix
ed
Bu
sin
ess
Ind
us
try
Ind
us
tria
l &
Mix
ed
Bu
sin
ess D
evelo
pm
en
t
Str
ate
gic
In
du
str
y
Ru
ral
Ru
ral
Liv
ing
Co
mm
un
ity
Ed
uc
ati
on
Air
po
rt
Residential
1 Aged or Dependent Persons
Dwelling GRV GRV GRV GRV GRV GRV
2 Caretaker's Dwelling GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV
3 Grouped Dwelling GRV GRV GRV GRV GRV GRV
4 Holiday Accommodation GRV GRV GRV GRV
5 Hotel GRV GRV GRV GRV
6 Motel GRV GRV GRV GRV GRV
7 Movable Dwelling GRV GRV GRV GRV
8 Multiple Dwelling GRV GRV GRV GRV GRV
9 Residential Building GRV GRV GRV GRV GRV GRV
10 Rural Settlement GRV GRV
Shire of Ashburton Policy Manual
230
ZONING TABLE
Resid
en
tial
Co
mm
erc
ial an
d C
ivic
To
uri
sm
Mix
ed
Bu
sin
ess
Ind
us
try
Ind
us
tria
l &
Mix
ed
Bu
sin
ess D
evelo
pm
en
t
Str
ate
gic
In
du
str
y
Ru
ral
Ru
ral
Liv
ing
Co
mm
un
ity
Ed
uc
ati
on
Air
po
rt
11 Single House GRV GRV GRV
12 Transient Workforce
Accommodation GRV GRV GRV GRV GRV GRV GRV GRV GRV
Industry
13 Abattoir GRV GRV GRV
14 Agriculture UV UV UV
15 Arts and Crafts Centre GRV GRV GRV GRV GRV GRV GRV GRV GRV
16 Harbour and Marina Facilities GRV GRV GRV
17 Hire Service (Industrial) GRV GRV GRV
18 Home Business GRV GRV GRV GRV GRV
19 Home Occupation GRV GRV GRV GRV GRV
20 Industry - Extractive UV UV UV UV UV
20 Industry - General GRV GRV GRV
22 Industry - Light GRV GRV GRV
23 Industry - Noxious GRV GRV GRV
24 Industry - Resource Processing UV UV UV UV UV
25 Industry - Rural UV UV UV UV
26 Industry - Service GRV GRV GRV
27 Infrastructure GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV
28 Intensive Agriculture UV UV UV UV UV UV UV
29 Research Laboratory GRV GRV GRV GRV GRV GRV GRV GRV
30 Stockyard UV UV UV
31 Storage facility/depot/laydown
area GRV GRV GRV GRV GRV GRV
Commerce
32 Aerodrome GRV GRV GRV
33 Display Home Centre GRV GRV GRV
34 Exhibition, Display and Outdoor
Sales Facilities GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV
35 Market GRV GRV GRV GRV GRV GRV GRV GRV
36 Motor Vehicle and/or Marine
Repair GRV GRV GRV GRV GRV GRV GRV GRV
37 Motor Vehicle and/or Marine
Sales & Hire GRV GRV GRV GRV GRV GRV GRV
38 Motor Vehicle and/or Marine
Service Station GRV GRV GRV GRV GRV GRV GRV
Shire of Ashburton Policy Manual
231
ZONING TABLE
Resid
en
tial
Co
mm
erc
ial an
d C
ivic
To
uri
sm
Mix
ed
Bu
sin
ess
Ind
us
try
Ind
us
tria
l &
Mix
ed
Bu
sin
ess D
evelo
pm
en
t
Str
ate
gic
In
du
str
y
Ru
ral
Ru
ral
Liv
ing
Co
mm
un
ity
Ed
uc
ati
on
Air
po
rt
39 Motor Vehicle and/or Marine
Wrecking GRV GRV
40 Motor Vehicle Wash GRV GRV GRV GRV GRV GRV
41 Office GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV
42 Outdoor Display GRV GRV GRV GRV GRV GRV
43 Restaurant GRV GRV GRV GRV GRV GRV
44 Shop GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV
45 Showroom GRV GRV GRV GRV GRV
46 Take-away Food Outlet GRV GRV GRV GRV GRV GRV GRV GRV GRV
47 Warehouse GRV GRV GRV GRV GRV
Health, Welfare and Community Services
48 Carpark GRV GRV GRV GRV GRV GRV GRV GRV GRV
49 Childcare Service GRV GRV GRV GRV GRV GRV GRV
50 Community Use GRV GRV GRV GRV GRV GRV
51 Consulting Rooms GRV GRV GRV GRV GRV GRV GRV
52 Education Establishment GRV GRV GRV GRV GRV
53 Emergency Services GRV GRV GRV GRV GRV GRV GRV GRV
54 Funeral Parlour GRV GRV GRV GRV GRV GRV
55 Hospital GRV
56 Detention Centre` GRV GRV
57 Medical Centre GRV GRV
58 Nursing Home GRV GRV GRV GRV GRV
59 Place of Animal Care UV UV UV UV UV UV UV
60 Place of Public Meeting,
Assembly or Worship GRV GRV GRV GRV GRV GRV GRV
61 Public Utility GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV GRV
Entertainment, Recreation and Culture
62 Clubrooms GRV GRV GRV GRV GRV
63 Equestrian Centre UV UV
64 Entertainment Venue GRV GRV GRV GRV GRV GRV GRV
65 Private Recreation GRV GRV GRV GRV GRV GRV
66 Public Recreation GRV GRV GRV GRV UV UV UV UV
67 Reception Centre GRV GRV GRV GRV
Notwithstanding the above table, where land is within a gazetted townsite, the default basis
of valuation will be that of GRV, consistent with clause 27 of Schedule 9.3, Division 1 of the
Local Government Act 1995.
Shire of Ashburton Policy Manual
232
Determination of the appropriate method of valuation requires
examination of the extent to which the separately identifiable portion of
land is being used for the alternative land use. This should be documented and considered
using the principles detailed in this policy before making application to the Minister for a
change in method of valuation.
A uniform general rate in the dollar is to be applied for all GRV and UV valued properties
within the district. Council may in certain circumstances deem a differential general rate to
be necessary. Imposition of differential general rate represents a conscious decision by
Council to redistribute the rate burden in the district by imposing a higher contribution on
some ratepayers and a lower contribution on others.
Imposition of a differential general must follow the Benefit Principle – the concept that there
should be some relationship between the rates paid and the benefits received. The Benefit
Principle does not mean rates should equal benefits, but it is expected that those bearing the
higher rate burden through the imposition of differential rating are receiving greater benefits
from Shire activities. When imposing a differential general rate the characteristics of the land
to which the rate is to be applied along with the objects and reasons for the differential rate
should be clearly defined.
The purpose for which the land is zoned is considered the most appropriate basis for
determining the characteristics of the land to which the differential general rate applies.
Where the Benefit Principle is considered by Council not to apply within a particular land
zoning, the purpose for which the land is held or used as determined by the local
government and/or whether or not the land is vacant land shall be used as the basis for
determining the characteristics of the land to which the differential general rate applies.
Concessions and waivers
Circumstances may arise where Council resolves by absolute majority to grant a waiver or
concession which has the effect of altering the general rating principles and safeguards
under the Act and the principles outlined in this Policy.
Rating Policy – Valuation of Land - Mining (March 2016)
Local Government Operational Guidelines – Changing Methods of Valuation of Land –
(Number 02- March 2012)
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233
FIN23 Disposal of Property (other than land)
Aim To provide guidance on the management of the disposition of property (other than land).
Application All staff and Elected Members
Statutory Environment
Local Government Act 1995 s.3.58 Local Government (Functions and General) Regulations 1996 s.30
Principles Community Strategic Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective - 03 Council Leadership
Approval Date OMC 18 December 2018
Monitor and Review Office of the CEO
Last Review 2018
Next Review 2020
Review Period Every 2 years
OBJECTIVE
To provide guidance on the management of the disposition of property (other than land) below
$20,000 in value ensuring full compliance with applicable legislative obligations and principles
of transparency.
POLICY STATEMENT
The Shire’s Disposal of Property Policy sets the direction for the disposition of property below
$20,000 in value. Dispositions not outlined in this policy are prescribed by legislation.
The objectives are to ensure that:
1. All furniture, equipment or goods up to $20,000 in value, based on a 'reasonable
judgement' valuation, shall be disposed of firstly through a local public tender process
with a subsequent report presented to Council. In the event of there being no response
to the tender process, the processes set out in (2) and (3) below shall be followed.
2. At the discretion of the Chief Executive Officer (CEO) furniture, equipment or goods
reasonably considered being valued between $1,000 up to $5,000 shall be offered to
local community groups, sporting clubs or charities through a locally-advertised
expression of interest process which may comprise either an expression of interest or
be on a "first in, first served" response basis.
3. Where an expression of interest process applies and more than one interest is
received, a report shall be provided to Council recommending the order of priority, with
preference given to local not-for-profit community groups where practicable.
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234
4. Where property is worth less than $1,000 (based on a
‘reasonable judgement' valuation), the CEO shall have
discretion to offer the property to local community groups, sporting clubs or charities
or if no interest is received, to appropriately dispose of the property through a waste
collection service.
5. All items surrendered at the security screening points at Onslow Airport (not including
weapons, dangerous or hazardous items) shall be disposed of at the CEO’s discretion
either by donation or waste disposal, this includes lost and/or uncollected goods after
a 3 month period.
6. For all property disposed of as per above processes, the CEO shall exercise DA01-7
Sale/Disposal of Vehicles, animals or goods confiscated or otherwise, unless
presented to Council.
7. The asset register shall reflect the disposal where applicable.
ASSOCIATED DOCUMENTS
Internal:
Delegation Register (DA01-7)
External:
Local Government Act 1995
Local Government (Functions and General) Regulations 1996
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235
7. HEALTH
HTH02 Aboriginal Environmental Health
Aim
This policy articulates the commitment of the Shire to help improve
the health outcomes of Aboriginal and Torres Strait Islander people
and communities within the Ashburton Local Government area in
partnership with environmental health professionals working in those
communities, and other relevant stakeholder organisations.
Application Elected Members and Staff
Statutory Environment
Public Health Act 2016
Principles
Strategic Community Plan 2017 – 2027 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, Caring and Engaged Communities Objective 03 – Quality Education, Healthcare, Aged Care and Youth Services Goal 03 - Unique Heritage and Environment Objective 02 – Leading Regional Sustainability
Approval Date OMC 18 July 2017
Monitor and Review Property & Development Services
Last Review 2017
Next Review 2021
Review Period 4 years
Background
In December 2007, the Council of Australian Governments (COAG) agreed to a partnership
between all levels of government to work with Indigenous communities to close the gap in
Indigenous disadvantage (Council of Australian Governments 2007).
There is evidence that Aboriginal and Torres Strait Islander populations suffer a
disproportionate impact from both increased exposure to environmental hazards and
decreased access to environmental health services. Aboriginal and Torres Strait Islander
peoples are more likely to live in conditions considered to be unacceptable by general
Australian standards. This includes overcrowding, poorly maintained buildings, high housing
costs relative to income, high costs for food and associated food security, poor food safety
practices and a lack of basic environmental health infrastructure, such as adequate
sanitation, water supplies, waste management services and appropriate housing (National
Aboriginal Community Controlled Health Organisation 2003).
Shire of Ashburton Policy Manual
236
In line with the policy principles endorsed by Health Ministers in 2010,
the Shire of Ashburton (the “Shire”) agrees that good environmental
health conditions are an essential requirement for maintaining and improving the health of
Aboriginal and Torres Strait Islander communities (Australian Health Ministers’ Conference
2010).
The Shire is committed to assisting in the national effort to achieve equitable health
outcomes for Aboriginal and Torres Strait Islander populations and acknowledges the
inequalities, both past and present, that Aboriginal and Torres Strait Islander people have
endured that present many challenges to closing the health gap. The Shire will continue to
advocate for improvement in the health status of Aboriginal and Torres Strait Islander
populations in part through support of the seven key targets of Closing the Gap (2016),
which are to:
Close the gap in life expectancy between Indigenous and non-Indigenous
Australians within a generation (by 2031).
Halve the gap in mortality rates for Indigenous children under five within a decade
(by 2018).
95 per cent of all Indigenous four-year-olds enrolled in early childhood education (by
2025
Close the gap between Indigenous and non-Indigenous school attendance within five
years (by 2018).
Halve the gap for Indigenous children in reading, writing and numeracy
achievements within a decade (by 2018).
Halve the gap for Indigenous Australians aged 20-24 in Year 12 attainment or
equivalent attainment rates (by 2020).
Halve the gap in employment outcomes between Indigenous and non-Indigenous
Australians within a decade (by 2018).
Scope
The scope of this policy is to outline the Shire’s Aboriginal Environmental Health Policy
principles and actions for its Employees and elected members and to recognise the
important role of environmental health in improving health outcomes of Aboriginal and Torres
Strait Islander populations in the Shire.
Policy Principles
To affirm that the Shire:
Acknowledges that Aboriginal and Torres Strait Islander people have suffered and
continue to suffer from the legacy of dispossession economically, legally, culturally
and spiritually. The Shire supports reconciliation, recognition and equal rights of
Aboriginal and Torres Strait Islander people.
Acknowledges that environmental health programs serve to prevent illness, injury
and even death. Such programs can result in an overall net social and economic
gain for the community including disease prevention, extended lives, enhanced
productivity and less time lost from family, education and work by materially reducing
environmental risk factors to health and wellbeing.
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237
Acknowledge that environmental health programs can also
help to reduce the vulnerability of communities against
emergency situations such as acts of nature (bushfire, cyclones etc.) and epidemics
etc.
Endeavour to ensure that each Aboriginal and Torres Strait Islander community
should benefit, wherever possible, from the services of relevant and targeted
environmental health programs.
Actions
The Shire will:
Encourage greater participation of Aboriginal and Torres Strait Islander people in the
environmental health profession and workforce;
As a contribution to the Closing the Gap framework, advocate that environmental
health programs servicing Aboriginal and Torres Strait Islander communities be
supported, by the State Government, to allow maintenance at the staffing and
funding levels necessary in order for them to deliver health outcomes and or continue
to be effective, empower localised workforce and to and satisfy environmental health
standards;
Develop programs for improved Aboriginal and Torres Strait Islander health
outcomes in partnership with the State Government and relevant stakeholders such
as Aboriginal Corporations, other service providers and not for profit organisations;
Encourage the development and involvement of appropriately qualified and trained
environmental health practitioners in Aboriginal and Torres Strait Islander
communities.
Refer to relevant Government guidance documents such as the Guidelines for
Aboriginal and Torres Strait Islander Terminology Queensland Health 2011 on
appropriate terminology when working and corresponding with Aboriginal and Torres
Strait Islander people and communities, and for use in all relevant policy, planning,
programs and resource development;
Undertake an annual review of baseline data (including information such as resident
population, infrastructure, maintenance programs, waste disposal programs,
emergency preparation etc) of the Shire’s Aboriginal and Torres Strait Islander
communities as a reference point for consideration of future Environmental Health
programs;
Engage with any State Government consultation regarding future planning for remote
Aboriginal and Torres Strait Islander communities within the Shire of Ashburton and
ensure that the views of local communities are adequately invited and considered.
Definitions
(Adapted from Guidelines for Aboriginal and Torres Strait Islander Terminology Queensland
Health 2011, except Aboriginal and Torres Strait Islander Environmental Health Practitioner)
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238
Aboriginal and Torres Strait Islander
According to s51 (25) of the High Court of Australia (1983): An Aboriginal or Torres Strait
Islander person is a person of Aboriginal or Torres Strait Islander descent who identifies as
an Aboriginal or Torres Strait Islander and is accepted as such by the community in which he
or she lives.
Community/communities
In Aboriginal and Torres Strait Islander cultures, community is primarily about country,
(extended) family ties, and shared experience. Community is about inter-relatedness and
belonging and is central to Aboriginal and Torres Strait Islander cultures.
It is generally acceptable to use the term ‘community’ to refer to Aboriginal and Torres Strait
Islander people living within a particular geographical region. However, the diversity of the
Aboriginal and Torres Strait Islander people within that community should be considered
where applicable.
Aboriginal and Torres Strait Islander Environmental Health Practitioner
A person employed to work in environmental health with some level of accredited training.
This term encompasses ‘Indigenous Environmental Health Worker (IEHW)’, and ‘Aboriginal
Environmental Health Worker (AEHW)’. It can also be used to collectively refer to any
person with or without environmental health qualifications working in this area, such as an
Environmental Health Officer, Environmental Health Coordinator, Environmental Health
Supervisor, Healthy Housing Workers and Animal Welfare Workers.
References
Australian Health Ministers’ Conference 2010, Policy Principles on which to Base
Improvements for Aboriginal and Torres Strait Islander Environmental Health, viewed 2
December 2016, http://www.health.gov.au/internet/main/publishing.nsf/Content/ohp-
environment-policy-principles-atsi
Council of Australian Governments 2007, National Agreement, viewed 2 December 2016,
http://www.coagreformcouncil.gov.au/agenda/indigenous.cfm.
Commonwealth of Australia 2010, Environmental Health Practitioner Manual,
viewed 2 December 2016,
http://www.health.gov.au/internet/main/publishing.nsf/Content/ohp-enhealth-manual-atsi-cnt
National Aboriginal and Torres Strait Islander Health Plan 2013-2023, Department of Health
viewed 15 May 2014,
http://www.health.gov.au/internet/main/publishing.nsf/Content/natsih-plan
2016 Closing the Gap report, Council of Australian Governments (COAG). Department of the
Prime Minister and Cabinet. http://closingthegap.dpmc.gov.au/
Queensland Aboriginal and Islander Health Council 2011, Making Links for Healthy Places,
viewed 15 May 2014, http://www.qaihc.com.au/resources/publications/.
Shire of Ashburton Policy Manual
239
Queensland Health 2011, Guidelines for Aboriginal and Torres Strait
Islander
Terminology Queensland Health, viewed 15 May 2014,
http://www.health.qld.gov.au/atsihealth/documents/terminology.pdf.
8. LOCAL PLANNING
Refer to the Building and Planning section of the Shire of Ashburton website for all Local
Planning Policies
http://www.ashburton.wa.gov.au/building-planning/town-planning-/local-planning-policies
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9. RECREATION
REC01 Consumption of Alcohol on Shire of Ashburton owned and managed
properties.
Aim
To describe the conditions to be observed in regard to the
consumption of alcohol in and on public reserves and Shire owned
facilities within the Shire.
Application General Public
Statutory Environment
Liquor Control Act 1988WA Liquor Licensing Act 1988
Liquor Control Regulations 1989
Shire of Ashburton Local Government Property Local Law 2013
Guidelines for Concerts Events and Organised Gatherings – WA
Department of Health 2009
Health Act 1911
Health (Public Building) Regulations 1997
Food Act 2008
Food Regulations 2009 and Food Safety Standards
Principles Strategic Community Plan 2017 – 2027 Goal 05 – Inspiring Governance Objective 03 – Council Leadership
Approval Date OMC 20 November 2018
Monitor and Review Community Services
Last Review 2018
Next Review 2022
Review Period 4 years
OBJECTIVE
This policy works towards achieving the following outcomes for the consumption and sale of
alcohol at Shire owned and managed property:
Safe consumption of alcohol
Responsible service of alcohol
Minimise harm and alcohol related damaged and violence
Members of the public and organisations who wish to consume, supply or sell alcohol on
reserves managed by the Shire and in Shire owned facilities are to observe the following
conditions:
1. An application must be made to the Shire by submission of “SOA CD 002 Application
to Consume Alcohol on Council Property’ at least 14 days prior to the event date. If
alcohol is being sold the Shire must be provided with a copy of the liquor licence as
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approved by the Department of Racing, Gaming and Liquor
prior to the license period commencing.
2. The permit holder listed on the ‘Application to Consume Alcohol on Council Property’
is responsible for the safety and wellbeing of all people involved in the event and
managing the activity to ensure other users and residents are not impacted.
3. Alcohol consumption is not to exceed six hours in any one day, must not commence
prior to 11am and must cease before the following times:
Monday – Thursday 10.00pm
Friday and Saturday 12.00am (midnight)
Sunday 9.00pm
4. Any extension or variation to these hours requires the approval of the Officer in
Charge of Police (in the relevant town) and the Chief Executive Officer.
5. All glass beverage and drinking containers are prohibited (unless the event has been
identified as low risk and prior approval for use of glass has been requested and
agreed to by the Shire.
6. Events that are considered to be high risk, and/or events where the organisers have
previously breached hire conditions (including damage to Shire property) may have
their permits refused, or be asked to provide additional information (such as risk
management plans, evidence of crowd controllers etc.) before a permit is granted.
7. For any perceived high risk event, applications to consume alcohol should be
forwarded to the local Police station for input before approval is considered.
8. In the event of a cyclone approval to consume liquor may be revoked for safety
reasons.
9. Depending on the nature and location of the event or function the Shire of Ashburton
may also place additional terms and conditions on the ‘Application to Consume
Alcohol on Council Property’
10. Where the event is on Crown Land managed by the Shire this Application may be
revoked if:
a. The event is not in accordance with the Reserve Purpose e.g. a facility
subject to a community lease is hired for a Christmas party
b. The event is not facilitated by the lessee e.g. the premises are hired to a third
party
SUPPORTING DOCUMENTATION
Form SOA CD 002 Application to Consume Alcohol on Council Property
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REC05 Community Leases and License Agreements of Shire
Assets (Facilities, Buildings and Land)
Aim
To provide a structured, equitable and consistent approach to the
management of Council’s community lease and licence agreements with
local community groups for the use of Shire of Ashburton (SOA) owned
and controlled facilities, buildings and land.
Application Shire of Ashburton Community, Sporting and Not For Profit Clubs,
Associations & Groups
Statutory Environment
Local Government Act 1995
Local Government (Functions and General) Regulations 1996
Shire of Ashburton Local Government Property Local Law 2013
Principles Strategic Community Plan 2017 – 2027 Goal 01 – Vibrant and Active Communities Objective 02 – Sustainable services, clubs, associations and facilities
Approval Date OMC 20 November 2018
Monitor and Review
Property & Development Services
Last Review 2018
Next Review 2022
Review Period 4 years
Definitions: Act The Local Government Act 1995 as amended.
Community or Sporting Group A not for profit (does not operate as a business,
corporation or organisation) social, sporting,
recreational, occupational or religious group of any size
whose members reside in the Shire of Ashburton who
contribute to active people, clubs and associations.
Groups must be incorporated to enter into a Lease or
Licence with the Shire of Ashburton and comprise of a
committee consisting of a President, Vice President,
Treasurer and Secretary.
Community Lease A legally binding agreement granted to community,
sporting or recreation associations and government
bodies or other organisations that provide services
solely for the benefit of the community.
Crown Land Land owned by the Crown and vested in the Shire of
Ashburton through the granting of a Management Order
by the Department of Regional Development and Lands.
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Freehold Land Freehold land (or fee simple)
provides the most complete form of ownership of that
land, in perpetuity. It allows the land holder to deal with
the land including selling, leasing, licensing or
mortgaging the land, subject to compliance with
applicable laws such as planning and environment laws.
Fees and Charges The rate set annually by Council in its absolute discretion
as the rate chargeable for rateable Property.
Incorporated A group of people who are recognised as a legal entity,
separate from individual members as defined under the
Associations Incorporation Act (1987).
Lease A legally binding agreement by which one party (Lessor)
in consideration of rent, grants exclusive use and
possession of real Property to a third party (Lessee) for
a specified purpose and term. A Lease creates an
interest in the Property.
Lease or Licence Variation The addition, removal or change of one or more of the
Lease or Licence provisions. The Shire of Ashburton
Deed of Variation template is utilised for lease and
licence variations. This templates allows an
arrangement for the lease or licence to be amended,
provided the amendment is signed by all parties.
Lessee An authorised third party that has entered into a Lease
or Licence with the Shire of Ashburton for the use of
Shire of Ashburton owned or managed real Property and
pays rent to occupy the Property (and where the context
permits includes a Licensee).
Lessor The Shire of Ashburton being the owner or management
body of Property with power to Lease or Licence to a
third party (Lessee).
Licence Permits a person to occupy Property, or part thereof on
particular conditions. The main feature that distinguishes
a Licence from a Lease is that a Licence does not permit
exclusive use of the Property. A Licence does not create
an interest in the Property.
Licensee A person that holds an approved Licence. For the
purpose of this document (where context permits) a
Licensee will also be referred to as “Lessee”.
Management Order An authorisation provided by the Crown giving the Shire
of Ashburton both the power and authority to manage a
parcel of land on behalf of the Crown.
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Planning Scheme Consent Local Planning Authority
requirement if proposing to change a land use, develop
or use any land including the erection, construction or
alteration of any building, excavation or other works on
any land.
Property The Property that is subject to or intended to be subject
to a Lease or Licence.
Reserve A defined area of land belonging to the Crown which has
been vested in the Shire of Ashburton by way of a
Management Order.
Shire Shire of Ashburton.
Objective: Local communities across the Shire of Ashburton are actively engaged in running a range of sport, recreation and youth programs. These sporting clubs and community groups contribute greatly to community life in the towns as well as improving social capital, quality of life and wellness outcomes. The Shire of Ashburton recognises the important role local groups have to play in community wellbeing and invests heavily in community infrastructure and community programming to support these local groups. This policy aims to encourage and support volunteerism and physical activity in clubs and associations by providing community lease and licence agreements to groups that contribute to the community. Community lease and licence agreements optimise use of community facilities, catering for storage, meeting rooms, recreation areas and reserves. The agreements provide an avenue for groups to build capacity within and to sustain their organisation into the future. This policy should be read in conjunction with the Local Government Act 1995 and the associated Regulations. Function: A standard lease or licence document created by Solicitors is to be used in respect of all agreements. The Shire of Ashburton reserves the right to attach a schedule to the agreement setting out special conditions, fees or concessions as appropriate and to amend the template lease or licence document as it sees fit.
Essential Principles applied by the Shire of Ashburton when granting a Lease or
Licence over Property
Lessee/Licensee: The Shire may enter into a Lease or Licence with the following entities:
c) Incorporated Associations. e) The Crown / a Statutory Authority / other Government body.
Type of Agreement:
A Lease will be entered into where the intention is to grant exclusive possession of the
property or part of the property.
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A Licence will be entered into where the intention is to grant non-
exclusive possession of the property or part of the property.
All property rights will be granted in writing.
Templates for Leases and Licences: Shire of Ashburton templates are to be provided for each type of use envisaged by this policy in regards to creating a lease or licence agreement for community groups to utilise SOA facilities, buildings or land.
1. Lease of Community Facility Template This template is used when the Shire of Ashburton is leasing out the whole or a portion of a facility, building or land which is SOA property. Groups that lease community facilities have sole occupancy of the leased area meaning that other groups do not have access to this area at any stage for the entirety of the lease agreement. For example: the whole of the land contained in a Certificate of Title, a room within a larger facility or an entire building. The lease template will continue to evolve and will be updated from time to time as the need arises.
2. Licence Agreement to Use Community Facility Template This template is used where the licensee does not have exclusive possession of the premises. It provides the Shire of Ashburton with flexibility to licence the premises to other parties at different times and better utilise the land and buildings. For example: a group may wish to hire out a storage room for 6 months of the year during their season or they may share the area with another group whom would also enter into a non-exclusive licence agreement to use the storage room on a shared basis. The licence template will continue to evolve and will be updated from time to time as the need arises.
Community user licences are not to be used for general hire of a facility for example, utilising a venue in the Shire of Ashburton Fees and Charges on a weekly basis for 6 hours per week. Term: The term will depend on many factors:
a) The needs of Council and Council Plan objectives. b) The needs of the Community. c) The Lessee. e) The ongoing need for the Property or the provided use. i) The Management Order for the Property (if Crown land) and the requirements of the Minister for Lands.
The maximum tenure of a Lease or Licence granted by the Shire on Crown land will be 21
years including any further term option/s.
The maximum tenure of a Lease or Licence granted by the Shire on freehold land will be at the discretion of Council.
Variation: If a Lessee requests a variation to a Lease or Licence, the Shire may grant a variation on
condition that the variation is achieved by surrender of the existing Lease or Licence and the
grant of a new Lease or Licence with additional conditions the Shire considers appropriate,
at the Lessee’s cost.
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Assignment:
A Lessee must not assign a Lease or Licence without the Shire’s prior
written consent, which may be withheld in the Shire’s absolute discretion. Assignors continue
to be liable for the remainder term of the Lease and will be required to prove suitability of an
assignee.
Further Term/Renewal:
If a Lease or Licence provides for a further term, the Shire may grant the Lessee an
extension of the Lease or Licence if the Lessee is not or has not been in default and
complies with the procedures in the Lease or Licence for renewal. Where an option to renew
is stated in the lease or licence agreement, this template is to be used to exercise this
option. Both Parties signatures are required.
Planning, Consent & Approvals: Planning Scheme Consent / Approval (if required) must be obtained from the Shire as the
local planning authority prior to a request for a Lease or Licence.
Where the Shire manages Crown land, grant of the Lease or Licence and each renewal, if any, will be conditional on Minister for Lands approval.
The Lessee or Licensee is solely responsible for obtaining all approvals, licences and authorities necessary to conduct the proposed activities on any premises. The Shire makes no representation that a premises is suitable for any activity, whether permitted or otherwise. Works: A Lessee may only undertake works on the Property in accordance with the Shire’s prior
written consent. A Lessee will also be responsible for any planning or building approvals that
may be required. All works are to be conducted in a safe and professional manner.
Environmental: A Lessee must not clear vegetation on the Property without the Shire’s prior written consent.
Vacant Possession and Expiry of Term:
Removal of a Lessee’s effects, buildings or infrastructure, apparent cessation of activities, or
the continued vacancy of premises, without notice, may be deemed a surrender of Lease or
Licence without notice.
If a Lessee remains in occupation of Property after expiry of the Term, with the consent of
the Shire, it will do so from month to month unless the Lease/Licence or Shire otherwise
provides different holding over arrangements.
On expiry or termination of a lease or License, a Lessee may be directed to remove all Lessee’s improvements at the Lessee’s cost, unless otherwise directed by the Shire.
A Lessee must make good damage caused by removal of its improvements and restore the
Property to the same condition as at the beginning of the term.
Risk Management and Insurance: The Shire requires that all Leases and Licences contain appropriate risk management
measures including an obligation on the Lessee to:
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a) indemnify the Shire (and the Minister for Lands if on Crown land) for loss or damage to persons or Property, wherever occurring; b) maintain adequate public liability insurance; c) ensure that appropriate documentation and insurance is in place for the hired use of the Property; d) carry appropriate worker’s compensation insurance commensurate with activities; and e) be responsible for emergency and evacuation procedures.
A Lessee must maintain a minimum of $20 million public liability insurance per occurrence during the term. If activities undertaken on the Leased or Licensed Property are considered high risk, a higher level of public liability insurance may be required by the Shire. A Lessee is recommended to insure their personal Property (including contents) for the full replacement value as the Shire will not be responsible for any such replacements under any circumstances. A Lessee will be required to provide the Shire with a copy of certificates of currency before possession is granted under the Lease or Licence commences and annually thereafter. Lease & Licence Annual Fees: An annual rent is to be charged for the use of the facility, building or land as per the below table. The Annual Fee will not be subject to annual increments but may be amended following budget or policy review Changes to annual fees are to be presented to Council as a review of this policy – Policy REC05.
Guidelines on Fees for All Lease & Licence Agreements
The fees below are not to be incorporated into a Lease or Licence Agreement for general
hire of a facility. E.g. Utilising a venue in the Shire of Ashburton Annual Fees and Charges
on a weekly basis for 6 hours per week.
Fees apply to club/associations regardless of financial stability.
Facilities, Buildings or Reserves will be charged at the same rate per annum regardless of
size and location.
Fees apply regardless of new, old or renovated facility, building or land.
Fees apply regardless of any work carried out by the club or association.
Only one room, store room, building, facility or reserve to one lease/licence agreement.
Groups are entitled to more than one lease/licence agreement should the Shire have
facilities, buildings, rooms or reserves available.
Facility, Building or
Land Lease or
Licence Agreement
Fee per Annum Guidelines
Lease –
Reserve/Land $500.00 plus GST
Buildings and infrastructure is an asset of
the club/association and is the club’s
responsibility.
Insurance premiums, utilities, fire control
(including DFES Levy) etc is the
responsibility of the lessee.
Lease -
Associations/Clubs
$1,000.00 plus
GST
This applies to any venue or reserve under
a lease/licence agreement that is an
approved Licenced Premises by the
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that Hold a Liquor
Licence
Department of Racing, Gaming & Liquor for
the sale of alcohol.
Personal Property Insurance premiums
and utilities are the responsibility of the
lessee.
Lease –
Entire Facilities or
Rooms within a
Building
$500.00 plus GST
These areas can be small or large however
must be able to accommodate a
recreational activity or small group
meeting.
These buildings, rooms or facilities must be
for a ‘sole recreational purpose’. For
example club meeting rooms, tennis
courts, squash courts, toy libraries.
Rooms within a facility are in a building in
which the Shire of Ashburton hires the
remaining areas of the facility to general
users as per the Annual Fees and
Charges.
Personal Property Insurance premiums
and utilities are the responsibility of the
lessee.
Lease –
Junior Organisation $300.00 plus GST
The Club/Association/Organisation must be specifically for children 17 years and under. This does not apply to any organisation that invites adults (18 years and over) to participate or supervise in the recreational or sporting activity.
This applies to junior organisations that are on a reserve or have an entire facility or room/s within a building.
Personal Property Insurance premiums and utilities are the responsibility of the lessee.
Lease –
Storage $100.00 plus GST
This is for any group that has storage within
or on a Shire facility/building.
Store rooms generally have no air
conditioners or windows.
Store rooms cannot accommodate space
for a meeting room if desired.
Examples: Tom Price Netball/Basketball
Shed, Clem Thompson Memorial Sports
Pavilion Store Rooms, Store Rooms in the
Community Centre.
Storage fees will not be charged where
groups do not have sole usage of the
storage room. For example – the store
room is available for groups that hire the
venue on an hourly rate as per the annual
Fees and Charges or are also utilised by
the Shire of Ashburton.
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Utilities or Service charges will not be
charged; this includes Water Consumption,
Water Rates, Land Tax, DFES Levy and
Electricity.
All Community Lessee
and Licensees
50% discount
Fees and Charges Schedule of rates for
Commercial/Industrial Refuse Collection
Charges weekly bin service only
100% discount Local Government rates
Supporting Documentation:
REC01 Consumption of Alcohol on Shire of Ashburton owned and managed properties.
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REC06 Vandalism - Reward for Conviction
Aim To reduce that amount of vandalism and wilful damage to Council
property through the introduction of a reward system
Application General Public
Statutory Environment
Local Government Act 1995
Criminal Investigations Act 2006
Surveillance Devices Act 1998 (Western Australia) Section 3
Principles Strategic Community Plan 2017 – 2027 Goal 04 – Quality Services and Infrastructure Objective 01 – Quality Public Infrastructure
Approval Date OMC 09 December 2015
Monitor and Review Property & Development Services
Last Review 2015
Next Review 2019
Review Period 4 years
OBJECTIVE
Council is to pay a reward to any person or persons giving information which leads to the
successful conviction of vandals who have wilfully damaged Council property. This includes,
but not limited to: damage to buildings, sporting facilities, equipment and plant, and trees.
OUTCOME
The amount of the reward is to be set by Council and reviewed annually. This reward is
currently set at $500.00. The onus will be on the person seeking to claim the reward to prove
that they provided information which leads to the successful conviction of the vandal. Council
Staff, Councillors and members of the Police Force are not eligible for the reward.
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REC07 Tourism policy for the Shire of Ashburton
Aim In recognition that tourism is a major employer and contributor to the
local economy, the Shire will identify support for tourism industry
Application Shire of Ashburton and tourism stakeholders
Statutory Environment
Nil
Principles Strategic Community Plan 2017 – 2027 Goal 02 – Economic Prosperity Objective 03 – Well Managed Tourism
Approval Date OMC 16 December 2016
Monitor and Review Office of the CEO
Last Review 2016
Next Review 2018
Review Period 2 years
The Shire recognises that tourism will continue to be a major employer and contributor to the
economy within the Shire of Ashburton, and also that it needs to play an active role to facilitate
the growth and development of tourism in Ashburton.
The Shire will continue to work with State, regional and tourism industry stakeholders to
promote local tourism opportunities.
Framework
The Shire of Ashburton will in particular:
• Endeavour to assist community groups or tourist organisations conduct events which have
the potential to develop tourism in the area.
• In the formulation of its planning regulations and preparation of local laws and other
regulations, will have regard to the requirements of tourism development, and the impacts
these rules will have on tourism.
• When reviewing Strategic Plans, Town Plans and Development Control Plans, take into
consideration policies on tourism and other related issues.
• Encourage tourism product development and investment throughout the area and where
possible will facilitate the development application process.
• Encourage a high standard of relevant design and aesthetics in all forms of tourist
development.
• Consider the welfare of the whole community, and examine the social, cultural, economic
and environmental impact when supporting tourism development and any associated facilities.
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• Promote landscaping of residential and commercial centres to make
the Shire a unique and attractive visitor destination.
• Where practicable, support the enhancement of natural features, conservation areas of
outstanding scenic beauty and recognise items of heritage significance.
• Facilitate the development of scenic routes, walk-trails and lookouts and review signage
needs in strategically important tourist areas.
Financial
Council will consider an appropriate budget allocation each year to provide for the following:
• A contribution to the Onslow Visitor Centre providing it is satisfied that the Committee is
providing a worthwhile tourist service (as outlined in an annual agreement);
• Fund the Tom Price Visitor Centre directly as a Council activity;
• Contribute an amount towards implementing the Shire of Ashburton Tourism Destination
Development Strategy,
• Support tourism initiatives which build the Pilbara tourism potential.
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REC08 Community Donations, Grants and Funding
Aim
To outline the criteria for offering not-for-profit community, sporting,
social, cultural, recreational, religious and emergency service groups
and associations, and individuals limited in-kind and/or financial
assistance to deliver programs, community events, facilities and/or
services that directly benefit the residents of the Shire of Ashburton.
To support community initiatives that strengthens the sense of
community in the Shire of Ashburton.
Application Eligible Individuals and Groups
Statutory Environment
Local Government Act 1995 Section 6.7(2)
Principles
Strategic Community Plan 2017 – 2027 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, caring and engaged communities Goal 05 – Inspiring Governance
Objective 03 – Council leadership
Approval Date OMC 18 December 2018
Monitor and Review Community Services
Last Review 2018
Next Review 2022
Review Period Every 4 years
Definitions
Sponsorship and Donations - Providing sponsorship to a charity or to a charitable event is
not a donations / gift, and a charity generally cannot issue a receipt
for sponsorship. Sponsorship is when a business makes a donation to a charity and, in return,
receives advertising or promotion of its brand, products or services.
Grants - A grant is a quantity of money, i.e., financial assistance, given by a government,
organization, or person for a specific purpose.
Not-for-profit Unincorporated Association – Unincorporated associations are one possible
structure of a non-profit organisation. Any group of people who agree to act together, usually
because of a shared interest or purpose, might be called an unincorporated association.
These organisations often have limited income and conduct only a small range of activities.
Not-for-profit Incorporated Associations – An incorporated association is also a legal entity
separate from its members. Associations can be more effective for small community
organisations. They are generally simpler and more affordable than a company structure.
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Auspice - To 'auspice' means to provide support, sponsorship or
guidance. The group or individual requiring support is known as the 'auspicee' and the
incorporated organisation that auspices the group or individual is known as the 'auspicor.
In-Kind – consisting of something other than money.
GENERAL CONDITIONS AND CRITERIA
a) The general conditions and criteria are applicable to all areas of assistance.
b) The applicant is to reside or operate within the Shire of Ashburton, OR be able to show
a direct and substantial benefit to residents within the Shire of Ashburton.
c) Assistance is not available retrospectively.
d) Funds are to be used only for the purpose for which the Shire has approved or any
subsequent variations obtained in writing.
e) Successful applicants are required to complete an acquittal report and submit to the
Shire within three months of the agreed completion date for use of the funds.
f) Applicants that do not submit an acquittal will not be considered for future funding; and
may be requested to return unused funds.
AREAS OF ASSISTANCE
1. Small Assistance Donations
Amount: Up to $500 per financial year. Applicants may apply more than once in a financial
year for lesser amounts, up to the maximum of $500 (this includes cash and in-kind support
such as venue hire).
Funding Rounds: Applications may be submitted at any time via the Shire’s application
process. Applicants are advised to allow sufficient time for processing (which could be up to
four weeks).
Applications may include the following: Community based activities/programs; local sporting
events or championships; club participation in regional/state championships; club equipment;
professional sports or community development such as clinics, courses and seminars;
individual sports or education scholarship for regional/state/national/international competition
participation.
What Cannot Be Applied For: Assistance for administrative and day-to-day running of groups
and organisations; individual or club uniforms; consumables; alcohol; catering; incidentals;
meals and the like.
Who Can Apply: Not-for-profit associations/organisations.
Who Is Ineligible to Apply: Applicants who have been successful in obtaining Signature Event
funding or Major Events/Projects funding and commercial businesses are ineligible.
Note: Small assistance donations do not require an acquittal nor formal recognition of the
Shire of Ashburton.
Approval Process: The Chief Executive Officer or delegate will assess and approve donations
up to the maximum amount.
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2. Community Support Grants
Amount: Applications can be for cash and/or in-kind contributions up
to $2,500 per annum. Applicants may apply more than once each financial year up to the
maximum value.
Funding Rounds: There are two funding rounds offered each year:
Round One opens in July for six weeks, with projects commencing after October.
Round Two opens in February for six weeks, with projects commencing after June.
Applications must be received by the advertised closing date on the application form provided,
and may take up to eight weeks to be assessed and awarded. Late applications will not be
considered.
Applications may include the following: Community based activities/programs; regional
sporting events or championships; club participation in regional/state championships; club
equipment; professional sports or community development such as clinics, courses and
seminars; facility development and maintenance; individual sports or education scholarship for
regional/state/national/international competition participation; community events; other
purposes assessed on broad community benefit.
What Cannot Be Applied For: Assistance for administrative and day-to-day running of groups
and organisations; individual or club uniforms; consumables; alcohol; catering; incidentals;
meals and the like.
Who Can Apply: Not-for-profit incorporated associations/organisations.
An eligible incorporated association may auspice a non-incorporated group however the
maximum amount of $2,500 will be available in one financial year to the overarching
association including auspiced amounts.
Eligible applicants who have received a Small Assistance Donation are also able to apply for a
Community Support Grant, providing it is not for the same purpose or cumulatively exceed
$2500.
Who is Ineligible: Unincorporated associations that are not auspiced by an incorporated
association; applicants that have received Signature Event or Major Event/Projects funding.
Other Requirements:
If an incorporated organisation has chosen to auspice a non-incorporated group a letter of
permission from the incorporated body must be submitted with the application.
Applications on the template provided by the Shire are to be completed in full by an Officer
Bearer.
Successful applicants must submit an acquittal report, using the template provided by the
Shire, within three months of the completion of the event/activity, containing:
i. An evaluation of the event/activity.
ii. Proof that the grant was expended according to the approved
application (including receipts and photographic evidence).
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iii. Evidence that the Shire funding was
appropriately acknowledged (e.g.
logo on promotional posters, photos, social media posts)
Approval Process: Applications are initially assessed by Shire Officers for eligibility, then
workshopped with Council and formally considered for award at the following Council Meeting.
This process may take up to eight weeks.
Council will make a provision in the budget annually for Community Support Grants, the total
provision will be divided equally between the four towns to be distributed over two grant
rounds. Should Council deem necessary, unallocated funds may be redistributed.
3. Signature Events
Amount: Grants or sponsorship of up to $10,000 per annual financial year per event.
Funding Rounds: There is one funding round each year in February (open for six weeks) for
projects from 1 August – 31 July the following financial year.
Applications must be received by the advertised closing date on the application form provided,
and may take up to eight weeks to be assessed for eligibility. Council will formally consider
and approve applications in the following year’s financial budget allocation.
Decisions to allocate funding to an event are based on the following criteria:
i. The extent to which the event directly benefits the residents of the
Shire of Ashburton; and
ii. Funding and/or contributions from other sources; and
iii. Value for money.
What Can Be Applied For: ‘Signature’ events which deliver a broad community benefit, are
inclusive and are considered appropriate.
Who Can Apply: Incorporated and non-incorporated associations.
Who Is Ineligible: Commercial organisations.
Other Requirements:
Groups that receive Signature Event funding are not eligible to apply for any other funding
under this Policy except for Community Lease Compliance Funding if applicable.
Applications are to be completed in full by an Office Bearer or authorised delegate.
Approval Process:
Applications are initially assessed by Shire Officers for eligibility, then considered for approval
in principle at a Council Meeting. Approval of the funding for the event will not be confirmed
until the following year’s budget is confirmed by Council.
Applicants agree to submit an acquittal report, using the template provided by the Shire, within
three months of the completion of the event, containing:
i. An evaluation of the event.
ii. Proof that the grant was expended according to the approved
application and distribution of any proceeds or profits.
4. Major Events
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Amount: Grants or sponsorship for major events, greater than
$10,000.
Founding Round: There is one funding round offered each year in February (open for six
weeks) for projects from 1 August – 31 July the following financial year.
Applications must be received by the advertised closing date on the application form provided,
and may take up to eight weeks to be assessed for eligibility. Council will formally consider
and approve applications in the following year’s financial budget allocation.
Decisions to allocate funding to a project are based on the following criteria:
i. The extent to which the project directly benefits the residents of the
Shire of Ashburton and promotes the region.
ii. Funding and/or contributions from other sources.
iii. Value for money.
What Can Be applied for: The planning and delivery of events and significant regional
activities for the benefit of the Shire of Ashburton community and Pilbara, such as Nameless
Jarndunmunha Festival.
Who Can Apply: The event may be delivered by a group or organisation that is not
incorporated. Where the event will raise funds or has a charitable intention, information must
be provided on the distribution of proceeds
Who Is Ineligible: Groups that receive major event funding are not eligible to apply for any
other funding under this Policy except for Community Lease Compliance Funding if applicable.
Other Requirements:
Applications are to be completed in full by an Office Bearer or authorised delegate.
Approval Process:
Applications are initially assessed by Shire Officers for eligibility, then considered for approval
in principle at a Council Meeting. Approval of the funding for the event will not be confirmed or
paid until the following year’s budget is confirmed by Council.
Applicants agree to submit an acquittal report, using the template provided by the Shire, within
three months of the completion of the event/activity, containing:
i. An evaluation of the event/activity.
ii. Proof that the grant was expended according to the approved
application and distribution of any proceeds or profits.
5. Council Initiated Sponsorship for an Event
Amount: Sponsorship for events, greater than $10,000.
Decisions to allocate funding to a project are based on the following criteria:
The extent to which the project directly benefits the residents of the Shire of Ashburton
and promotes the region.
Funding and/or contributions from other sources.
Value for money.
Approval Process:
Approval of the funding for the event will not be confirmed or paid until the following year’s
budget is confirmed by Council.
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6. Council Initiated Donations to Schools
Amount: The Shire of Ashburton is committed to supporting local
schools and automatically makes an annual donation to each school, within its boundaries,
using the following calculation:
1. Base amount of $1,000
2. Plus $1.00 for each high school student (Includes Year 7 students)
3. Plus $0.70 for each primary school student (excludes Year 7 students)
4. Plus $0.20 for each pre-primary student.
5. Plus $0.20 for each kindergarten student.
Student numbers are calculated using figures from the Department of Education.
Funding Round: Donations are paid in May each year.
Other Requirements: Schools who receive a donation under this policy are also eligible to
apply for Small Assistance Donations and Community Support Grants.
7. Council Initiated Donations to Emergency Services Organisations
Amount: The Shire of Ashburton is committed to supporting local emergency management
organisations and automatically makes an annual donation of $1000 to each emergency
services brigade:
Funding Round: Donations are paid in May each year.
8. Council Initiated Contribution to Aboriginal Communities
Council may, through its annual budget, provide funds to meet the costs of:
Emergency Service Levies (as imposed by the State Government);
Aboriginal Community Annual Residential Rubbish Rates Charges (as imposed by
the Shire); and
Funds to assist Aboriginal Communities with refuse clean-ups where they meet
specific conditions.
9. Computers for Communities
The Shire offers computers and associated equipment such as monitors, keyboards, mouse,
etc. that have become redundant to any not for profit group or community club or association,
at no cost.
Funding Round: Applications will be advertised as equipment becomes available through this
scheme.
Who Can Apply: Incorporated and non-incorporated groups/clubs/organisations; local schools;
Emergency Services groups.
Who Is Ineligible to Apply: Applications that are not connected or concerned with the Shire of
Ashburton community.
Other Requirements: All equipment is offered without warranty or software. Recipients are
responsible for the collection of the equipment from the nominated Shire administration
building.
Approval Process: Shire Officers will assess the donation request and present to the Chief
Executive Officer for approval up to the maximum amount.
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REC09 Australia Day WA Community Citizen of the Year
Aim
To outline the criteria for providing recognition of individuals and
organisations that have made noteworthy contributions to the
community of the Shire of Ashburton, through the Australia Day WA
Community Citizen of the Year Awards.
Application General Public
Statutory Environment
Nil
Principles Strategic Community Plan 2017 – 2027 Goal 01 – Vibrant and Active Communities Objective 01 – Connected, Caring and Engaged Communities
Approval Date OMC 22 November 2016
Monitor and Review Community Services
Last Review 2016
Next Review 2020
Review Period 4 years
OBJECTIVE
The Shire of Ashburton annually acknowledges citizens and groups who have made
noteworthy contributions or given outstanding service to the community, by presenting awards
on Australia Day in each of the four towns in the following four categories:
Community Citizen of the Year
Presented to an individual who has delivered outstanding service to his or her community.
Community Citizen of the Year (Senior)
Presented to an individual over 65 years of age, who has made an outstanding contribution to
the local community.
Community Citizen of the Year (Youth)
Presented to an individual under 25 years of age and who has delivered outstanding service
to his or her community.
Active Citizenship (Group/Event)
A group doing outstanding work or for an event staged in the community during the past year.
GUIDELINES AND SELECTION CRITERIA:
Award recipients will have been judged to have shown active citizenship and meet the
following eligibility criteria:
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Nominees should be residents of the Shire of Ashburton; or
have coordinated a community event within the Shire of
Ashburton, or be members of a community group whose principal activities are
conducted within the Shire of Ashburton
A person cannot receive the same Award twice, but can be eligible to receive for
another Award
Sitting members of State, Federal and Local Government are not eligible to receive an
Award
Shire of Ashburton staff acting in their role or performing duties required by their
employment with the Shire are not eligible to receive an Award
Unsuccessful nominees may be nominated in future years
NOMINATION PROCEDURE:
Nominations are invited from community groups and private citizens via advertising and
promotions preceding the annual Australia Day ceremony held on 26 January. Nominations
will open and be advertised from October each calendar year, closing in November.
Nominations are to be submitted on the official Shire of Ashburton nomination form, available
at all Shire Offices and Website www.ashburton.wa.gov.au or by contacting Community
Development.
JUDGING PROCEDURES:
Judging panel will comprise of:
President, Shire of Ashburton
Local Ward Councillor(s)
Chief Executive Officer, Shire of Ashburton or their delegate
Nominators are excluded from the judging process, if this results in a panel member being
excluded, the member will be replaced by the Vice President.
All category winners of the Australia Day WA Citizen of the Year Awards will be judged from
the nominations received, according to the criteria published in the Australia Day WA Citizen
of the Year Award Guidelines each year.
PRESENTATIONS:
Awards are presented at the annual Australia Day ceremonies held on 26 January in each
Shire of Ashburton’s four town centres.
Award recipients will also be requested to participate in post-event publicity and promotions.
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DOC Version Control Register
Policy No Title Action Date of Ordinary Meeting of Council
ENG02 Access to Pastoral Properties
Rescinded and replaced with ENG13 Road Management
April 2017
ENG11 Major Projects Management
Rescinded 9 December 2015
FIN04 Buy Local Regional Price Preference Policy
Incorporated into FIN12 Purchasing Policy
21 November 2017
FIN14 Tender Assessment Policy
Incorporated into FIN12 Purchasing Policy
21 November 2017
FIN16 GRV Rating of Improvements on Mining Tenements and Petroleum Licence Sites Policy
Rescinded and superseded with FIN21 Rating Policy adopted OMC 21 November 2017
21 November 2017
FIN19 Panels of Pre-Qualified Suppliers
Incorporated into FIN12 Purchasing Policy
21 November 2017
ELM27 Legal Proceedings New Policy 23 October 2018
ADM06 Use of Shire of Ashburton Logo and Crest
Reviewed with no changes made
20 November 2018
ELM07 Conduct of Public Question Time
Reviewed with no changes made
20 November 2018
ENG01 Street Lawns and Gardens
Reviewed with no changes made
20 November 2018
ADM07 Strategic Media (Now ‘Communications & Social Media’)
Title from: Strategic Media to Communications & Social Media. Review changed to 2 years. Update to wording content around Social media and inclusion of ELM04 identifier.
20 November 2018
ELM06 Councillor Accommodation, Travel and Incidental Expenses Whilst on Council Business
Wording addition: Local Government Officers’ (Western Australia) Interim Award 2011.
20 November 2018
ELM08 Order of Business- Ordinary Council Meetings
Amendments under Item 9 in relation to ‘Committees’
20 November 2018
ELM10 Financial Sustainability Very minor changes to Long Term Financial Plan timeframe.
20 November 2018
ELM13 Affixing of the Shire of Ashburton Common Seal
Removal of the Common Seal Register Form
20 November 2018
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ELM15 Elected Member Business Wear
Inclusion of Polo shirts including NAIDOC and Tie Pins.
20 November 2018
EMP24 Corporate Credit Card Minor wording addition to part (xi)
20 November 2018
ENG02 Temporary Road Closures
Minor wording addition 20 November 2018
ENG10 Guidelines for Urban Development
Minor amendments to Local Government Guideline Edition number
20 November 2018
FIN06 Significant Accounting Policy
Amendments to depreciation rates
20 November 2018
FIN07 Investment Policy Amendments to paragraph Counterparty Credit Framework.
20 November 2018
FIN09 Authorised Signatures for Cheque/Electronic Funds Transfer (EFT) Payments
Amendments to titles 20 November 2018
FIN13 Debtors Management Additions made to clause for Debtors with larger than $50,000 balance Amendments to timeframes
20 November 2018
FIN15 Rates Debt Recovery Amendments under – ‘Special Arrangement’, ‘Final. Notice’ and ‘Recovery Action.’
20 November 2018
ELM03 Recognition of Councillors and Citizens (including Commemorative Naming) New Title: ‘Recognition of Retiring Councilors’
Removal of Community Members recognition and retained as Recognition of Councillors in line with prescribed amounts as per legislation
20 November 2018
REC01 Consumption of Alcohol – Public Facilities
Significant changes to include leased properties.
20 November 2018
REC05 Community Leases and License Agreements of Shire Assets (Facilities, Buildings and Land
Significant changes to the policy in line with current requirements. Additional detail included for clarification and better public understanding.
20 November 2018
ELM25 EMACCESS Email Portal and Councillor Discussion Board
New Policy 20 November 2018
EMP16 Grievance Investigation and Resolution
Previously an internal Directive – New Policy
20 November 2018
EMP17 Occupational Health and Safety
Previously an internal Directive – New Policy
20 November 2018
ELM11 Integrated Planning Policy
Rescinded 20 November 2018
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ELM12 Workforce Planning and Management Policy
Rescinded 20 November 2018
ENG12 Private Works Policy Rescinded 20 November 2018
EMP37 Salary Sacrifice New Policy 18 December 2018
FIN12 Purchasing Policy Significant changes to the policy in line with current requirements of the Shire.
18 December 2018
FIN23 Disposal of Property (Other than Land)
New policy created to assist the organisation and public to better understand our legislative requirements when disposing of property other than land.
18 December 2018
REC08 Community Donations, Sponsorship and Funding Policy
Policy has been reviewed and significant amendments made to align with current budgets constraints and the requirements of the community.
18 December 2018
Document Control Statement
The electronic reference copy of this Policy is maintained by the Governance Department. Any
printed copy may not be up to date and you are advised to check the electronic copy on the
website to ensure that you have the current version. Alternatively, you may contact the
Governance Department at [email protected]