shrine of remembrance amendment bill - city of melbourne

F U T U R E M E L B O U R N E ( F I N A N C E A N D G O V E R N A N C E ) C O M M I T T E E R E P O R T

Agenda Item 5.10

SHRINE OF REMEMBRANCE AMENDMENT BILL 1 February 2011 Presenter: Mark Stoermer, Director Corporate Business

Purpose and background

1. The purpose of this report is to seek Council endorsement of the Shrine of Remembrance Amendment Bill 2010.

2. The Shrine of Remembrance Amendment Bill 2010 (refer Attachment 2) was initially proposed by the previous Victorian Government and released as an exposure draft in October 2010. The purpose of the Bill is to amend the Shrine of Remembrance Act 1978 and the Melbourne Market and Park Lands Act 1933 with regards to:

2.1. the composition, duties and powers of the trustees of the Shrine of Remembrance; and

2.2. to further provide management powers in respect of the Shrine of Remembrance.

3. The Lord Mayor is a member of the Board of the Shrine and this will not change under the proposed amendments. However, the Board will increase from eight to ten members.

4. In the course of last calendar year, the Lord Mayor met with the Victorian government to discuss the proposed changes and how they would impact on Council. The Bill was delayed as the result of the state election.

5. The new government has asked the City of Melbourne to provide a written statement in support of the Amendment Bill.

Key issues

6. In terms of the impact on the City of Melbourne, the Amendment Bill repeals outdated provisions, clarifies the respective roles of the trustees of the Shrine and the Council and enables the trustees and the Council to enter into agreements for:

6.1. the provision of parks and garden services for the reserve land,

6.2. payment for the supply of water to the Shrine and the Shrine Reserve,

6.3. any other discretionary services,

6.4. grants and other financial contributions,

6.5. the role of Council on any committees for the Shrine; and

6.6. the consultation and decision making process.

7. Management has been discussing the various services that we provide to the Shrine with representatives from the Department of Planning and Community Development and the Shrine. No decisions have been made about which services the Shrine may decide to manage in-house. A list of these services provided by City of Melbourne is included at Attachment 3.

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Attachments: 1. Supporting Attachment 2. Shrine of Remembrance Amendment Bill 2010 3. Services/Goods or Labour Provided to Shrine by MCC

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Recommendation from management

8. That the Future Melbourne Committee endorse the Shrine of Remembrance Amendment Bill 2010.

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SUPPORTING ATTACHMENT

Legal

1. The report accurately describes the main features of the Amendment Bill. Legal advice has and will continue to be provided as required on the proposed legislation.

Finance

2. There are no significant financial implications associated with the recommendation contained in the report.

3. As identified in the report, negotiations are to be held between the trustees of the Shrine and Melbourne City Council for services and support which may have some financial implications once agreed.

Conflict of interest

4. No member of Council staff, or other person engaged under a contract, involved in advising on or preparing this report has declared a direct or indirect interest in relation to the matter of the report.

Stakeholder consultation

5. No consultation is proposed as this is a business arrangement between The Shrine and the City of Melbourne.

Environmental sustainability

6. The Shrine stormwater harvesting project was completed in 2009. It comprises underground tanks of 920,000 litre capacity and was jointly funded by the Commonwealth Community Water Grant Fund, the State Smart Wager Fund and City of Melbourne ($125,000). The water supplies the lawns and trees in shrine Reserve.

Attachment 1Agenda Item 5.10

Future Melbourne Committee1 February 2011

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Shrine of Remembrance Amendment Bill

Exposure Draft

TABLE OF PROPOSALS

Proposal Page

PART 1—PRELIMINARY 1 1 Purpose 1 2 Commencement 2

PART 2—AMENDMENT OF SHRINE OF REMEMBRANCE ACT 1978 3

3 Definitions 3 4 New section 1B inserted 3

1B The primary role of the Shrine of Remembrance 3 5 Trustees 3 6 Trustees—Public Administration Act 2004 4 7 Powers and duties of trustees 5 8 Proceedings of trustees 6 9 Disclosure of interests of trustees 7 10 Business plan 7 11 Sections 7A and 7B inserted 7

7A Agreements between the trustees and Melbourne City Council 7

7B Melbourne City Council to improve and maintain parks and gardens 8

12 Section 8 substituted 8 8 Gas supply for the perpetual flame at the Shrine of

Remembrance 8 13 New section 10 inserted 9

10 Transitional provisions—Shrine of Remembrance Amendment Act 2010 9

PART 3—AMENDMENT OF MELBOURNE MARKET AND PARK LANDS ACT 1933 11

14 Repeal of redundant sections of the Melbourne Market and Park Lands Act 1933 11

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Attachment 2 Agenda Item 5.10 FutureMelbourneCommittee 1 February 2011

Proposal Page

ii

PART 4—REPEAL OF AMENDING ACT 12 15 Repeal of amending Act 12

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ENDNOTES 13

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Shrine of Remembrance Amendment Bill

Exposure Draft

PART 1—PRELIMINARY

1 Purpose The main purpose of this Act is to amend the Shrine of Remembrance Act 1978 and the Melbourne Market and Park Lands Act 1933—

(a) to amend the composition, duties and powers of the trustees of the Shrine of Remembrance; and

(b) to further provide for management powers in respect of the Shrine of Remembrance.

Victoria

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Part 1—Preliminary

Shrine of Remembrance Amendment Bill Exposure Draft

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2 Commencement (1) Subject to subsection (3), this Act (other than

section 6) comes into operation on a day or days to be proclaimed.

(2) Section 6 comes into operation on 1 July 2011.

(3) If a provision of this Act (other than section 6) does not come into operation before 1 March 2011, it comes into operation on that day.

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Part 2—Amendment of Shrine of Remembrance Act 1978


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PART 2—AMENDMENT OF SHRINE OF REMEMBRANCE ACT 1978

3 Definitions In section 1A of the Shrine of Remembrance Act 1978—

(a) in the definition of naval, military or air forces for "Patriotic Funds Act 1958" substitute "Veterans Act 2005".

(b) in the definition of service or duty for "Patriotic Funds Act 1958" substitute "Veterans Act 2005".

4 New section 1B inserted After section 1A of the Shrine of Remembrance Act 1978 insert—

"1B The primary role of the Shrine of Remembrance Without limiting the preamble, the primary role of the Shrine of Remembrance is to be a memorial to honour the service and sacrifice of Victorians and Australians in war, conflict, peacekeeping and peacemaking.".

5 Trustees (1) In section 3(1) of the Shrine of Remembrance

Act 1978—

(a) for "8" substitute "10";

(b) for paragraph (e) substitute—

"(e) 6 other persons nominated by the Minister.".

See: Act No. 9167. Reprint No. 2 as at 1 June 2000 and amending Act Nos 10/2004 and 98/2005. LawToday: www. legislation. vic.gov.au

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(2) After section 3(1) of the Shrine of Remembrance Act 1978 insert—

"(2) For the purposes of subsection (1), in nominating a person to be appointed as a trustee, the Minister must be satisfied that the person nominated has experience and skills in, and knowledge of, one or more of the following—

(a) governance;

(b) marketing, advertising or public relations;

(c) asset management;

(d) public education;

(e) architecture, building or engineering;

(f) business, finance or administration;

(g) fundraising;

(h) public affairs;

(i) community engagement;

(j) veterans affairs;

(k) military service.

(2A) In making any nomination under subsection (1), the Minister is to have regard to the need for the trustees to collectively have experience and skills in, and knowledge of, the areas listed in subsection (2).".

6 Trustees—Public Administration Act 2004

After section 3(3) of the Shrine of Remembrance Act 1978 insert—

"(4) The Public Administration Act 2004 applies to the Shrine of Remembrance Trustees as if the trustees were a public entity, but not a small entity, within the

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meaning of that Act, established on or after 1 July 2005. Note

Part 5 of the Public Administration Act 2004 commenced on 1 July 2005.".

7 Powers and duties of trustees (1) Before section 4(1) of the Shrine of

Remembrance Act 1978 insert—

"(1AA) The trustees have the following overarching functions—

(a) responsibility for the care, management, maintenance and preservation of the Shrine of Remembrance—

(i) as a memorial to honour the service and sacrifice of Victorians and Australians in war, conflict, peacekeeping and peacemaking; and

(ii) as a site of national, State and cultural significance; and

(b) the development, promotion, management and the staging of ceremonial activities and events to commemorate the service and sacrifice of Victorians and Australians in war, conflict, peacekeeping and peacemaking, including, but not limited to, wreath laying and other ceremonial or commemorative activities; and

(c) the development, promotion, management and implementation of public programs to inform, educate and promote understanding among Victorians and visitors about the

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history, experience, service and sacrifice of Victorians and Australians in war, conflict, peacekeeping and peacemaking, including, but not limited to, exhibitions, lectures, publications, school learning and outreach programs.".

(2) In section 4(1)(a) of the Shrine of Remembrance Act 1978 omit "the care, management, maintenance and preservation of the Shrine of Remembrance, and for".

(3) In section 4(1) of the Shrine of Remembrance Act 1978—

(a) in paragraph (d) for "this Act;" substitute "this Act.";

(b) paragraph (e) is repealed.

(4) After section 4(1) of the Shrine of Remembrance Act 1978 insert—

"(1A) Without limiting any power, duty or function under this Act, the trustees may carry out the powers, duties and functions of the trustees under this section—

(a) within the Shrine of Remembrance; and

(b) elsewhere on the reserved land; and

(c) in places in Victoria other than at the Shrine of Remembrance or on the reserved land.".

8 Proceedings of trustees

In section 4F(3) of the Shrine of Remembrance Act 1978 for "Five" substitute "Six".

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9 Disclosure of interests of trustees In section 4G(3) of the Shrine of Remembrance Act 1978 for "or under section 4(4) of the Melbourne Market and Park Lands Act 1933" substitute ", section 7A or section 7B".

10 Business plan Sections 4K(3) and 4K(6) of the Shrine of Remembrance Act 1978 are repealed.

11 Sections 7A and 7B inserted After section 7 of the Shrine of Remembrance Act 1978 insert—

"7A Agreements between the trustees and Melbourne City Council The trustees and Melbourne City Council may enter into agreements, including any memoranda of understanding, for the provision of services by the Melbourne City Council to the trustees or in respect of the Shrine of Remembrance or reserved land, including, but not limited to—

(a) the provision of services in relation to the parks and gardens on the reserved land, other than for the monuments or memorials on that land;

(b) payment for the supply of water to the Shrine of Remembrance and the reserved land;

(c) any other services;

(d) grants and other financial contributions;

(e) the role of the Melbourne City Council, if any, on any committees for the Shrine of Remembrance;

(f) consultation and decision-making.

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7B Melbourne City Council to improve and maintain parks and gardens

(1) Melbourne City Council—

(a) is responsible for the improvement and maintenance of the parks and gardens on the reserved land, other than the monuments and memorials; and

(b) is responsible for all the costs in relation to that improvement and maintenance, which are to be paid from the funds of the Council.

(2) Without limiting subsection (1), in carrying out the improvement of management of the parks and gardens on the reserved land or providing any services in relation to the parks and gardens on that land, the Melbourne City Council must not alter the design or layout of that reserved land without the written consent of the trustees.

(3) Nothing in this section limits any powers of the trustees under this Act in relation to the reserved land.".

12 Section 8 substituted For section 8 of the Shrine of Remembrance Act 1978 substitute—

"8 Gas supply for the perpetual flame at the Shrine of Remembrance The trustees may enter into arrangements for the supply of gas and regular service free of cost for the operation of the perpetual flame at the Shrine of Remembrance with a relevant gas distributor.".

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13 New section 10 inserted After section 9 of the Shrine of Remembrance Act 1978 insert—

"10 Transitional provisions—Shrine of Remembrance Amendment Act 2010

(1) On and from the commencement of section 5 of the Shrine of Remembrance Amendment Act 2010, the trustees—

(a) is taken to be the same body as it was immediately before that commencement, despite the changes to the constitution and quorum of the trustees by that Act; and

(b) no decision, matter or thing is to be affected because of those changes.

(2) The trustees holding office immediately before the commencement of section 5 of the Shrine of Remembrance Amendment Act 2010 continue to hold office on and from that commencement on the same terms and conditions on which they held office as trustees immediately before that commencement.

(3) Despite the amendment of section 4(4) and the repeal of section 4(5)(b) of the Melbourne Market and Park Lands Act 1933 and Part I of the Sixth Schedule to that Act by section 14 of the Shrine of Remembrance Amendment Act 2010—

(a) the land described in section 4(5)(b) of the Melbourne Market and Park Lands Act 1933 (other than the reserved land within the meaning of this Act) continues to be subject to the reservation specified in section 4(5)(b)

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of that Act as in force immediately before its repeal; and

(b) any appointment of the Melbourne City Council as the committee of management of the land referred to in section 4(4) of the Melbourne Market and Park Lands Act 1933 (other than the reserved land within the meaning of this Act) as in force immediately before the amendment of that section continues to have effect on and from that amendment.".

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Part 3—Amendment of Melbourne Market and Park Lands Act 1933


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PART 3—AMENDMENT OF MELBOURNE MARKET AND PARK LANDS ACT 1933

14 Repeal of redundant sections of the Melbourne Market and Park Lands Act 1933

(1) In section 4 of the Melbourne Market and Park Lands Act 1933—

(a) in subsection (4)—

(i) for "such portion thereof as is occupied by the monument known as the Shrine of Remembrance" substitute "the reserved land within the meaning of the Shrine of Remembrance Act 1978";

(ii) omit the words and expressions commencing "Provided that" and ending "Shrine of Remembrance Trustees".

(b) subsection (5)(b) is repealed.

(2) Insert the following heading to section 5 of the Melbourne Market and Park Lands Act 1933—

"Council to give receipt—Treasury Gardens".

(3) Sections 5(1)(a) and (5)(2) and 5(3) of the Melbourne Market and Park Lands Act 1933 are repealed.

(4) Part I of the Sixth Schedule to the Melbourne Market and Park Lands Act 1933 is repealed.

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See: Act No. 4184 and amending Act Nos 5913, 9167, 10144, 86/1991, 20/1992 and 55/1994. LawToday: www. legislation. vic.gov.au

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Part 4—Repeal of Amending Act


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PART 4—REPEAL OF AMENDING ACT

15 Repeal of amending Act This Act is repealed on 1 July 2012.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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ENDNOTES

By Authority. Government Printer for the State of Victoria.

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SERVICES/GOODS OR LABOUR PROVIDED TO SHRINE BY MCC

Annual Cost

The MCC currently supplies:• Parks and garden maintenance services $270,000• Funding toward two administrative positions $143,753• Payroll services $8,487• Financial accounting services $16,085• Postage and mail service $5,609• Archiving of historical records $706• Payment of water supply charges $70,248• Public lighting - electricity $3,282• Event management support Remembrance Day Dinner $10,000• Annual internal audit grant $10,363• Annual volunteer lunch (pay for most of it) $5,623

------------------------------$544,155

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Attachment 3 Agenda Item 5.10 Future Melbourne Committee 1 February 2011

shrine of remembrance amendment bill - city of melbourne

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