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TRANSCRIPT
Snowy Valleys Council
SNOWY VALLEYS COUNCIL MEETING
ATTACHMENTS
UNDER SEPARATE COVER
27 JULY 2017
Snowy Valleys Council Thursday 27 July 2017
Page 2
Thursday 27 July 2017
Snowy Valleys Council Chambers
Bridge Street, Tumbarumba
10.00am.
ATTACHMENTS
8. GOVERNANCE AND FINANCIAL REPORTS
8.3 ADOPTION OF COUNCIL POLICIES
ATTACHMENT 1 DRAFT RELATED PARTY DISCLOSURE POLICY SVC-FIN-PO-019-01 ................................................................................. 3
ATTACHMENT 2 SVC STAFF CORPORATE UNIFORM POLICY SVC-HR-PO-010-02 ............................................................................... 11
9. MANAGEMENT REPORTS
9.1 EXECUTION OF ACCESS LICENCE – NBN CO. LTD - TALBINGO
ATTACHMENT 1 COPY OF ACCESS LICENCE .................................................. 13
9.3 GARAGE SALE TRAIL RENEWAL
ATTACHMENT 1 GARAGE SALE TRAIL OVERVIEW ........................................... 33
9.8 LOCAL GOVERNMENT ROAD SAFETY PROGRAM (LGRSP) AGREEMENT 2017/18
ATTACHMENT 1 AGREEMENT - ROAD SAFETY PROGRAM FUNDING - TRANSPORT ROADS AND MARITIME SERVICES #1966213 ...... 39
9.10 REZONING OF LAND AT GILMORE FROM RU3 FORESTRY AND RU1 PRIMARY
PRODUCTION TO IN1 GENERAL INDUSTRY – TUMUT LEP 2012 (AMENDMENT
NO.5)
ATTACHMENT 1 MAP - SUBJECT LAND ........................................................... 51
ATTACHMENT 2 AERIAL MAP ........................................................................ 52
ATTACHMENT 3 MAP - COUNCIL LAND ........................................................... 53
ATTACHMENT 4 MAP - CROWN LAND ............................................................. 54
ATTACHMENT 5 MASTER PLAN 2005 ............................................................ 55
ATTACHMENT 6 OEH OBJECTIONS 2007 ....................................................... 71
ATTACHMENT 7 PROPOSED LAYOUT 2016 ..................................................... 80
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DRAFT Related Party Disclosures Policy
Policy Number: SVC – FIN – PO – 019 - 01 Aim The aim of this policy is to provide guidance and define parameters for Related Party Transactions and the level of disclosure and reporting required for Council to achieve compliance with the Australian Accounting Standard AASB 124 - Related Party Disclosures. It is to ensure that the existence of certain related party relationships, related party transactions and information about the transactions, necessary for users to understand the potential effects on the Financial Statements are properly identified, recorded in Council’s systems, and disclosed in Council’s General Purpose Financial Statements. Legislation Australian Accounting Standard AASB124 Related Party Disclosures (AASB124) Local Government Act 1993 Local Government (General) Regulation 2005 Privacy and Personal Information Protection Act 1998 (PPIPA) Government Information (Public Access) Act 2009 (GIPPA) Related Policies/Procedures Council Code of Conduct Policy Payment of Expenses and Provision of Facilities to Administrator Privacy Management Plan Definitions AASB124 Australian Accounting Standards Board, Related Party Disclosures Standard Arm’s length terms Terms between parties that are reasonable in the circumstances of the transaction that would result from:
neither party bearing the other any special duty or obligation; and
the parties being unrelated and uninfluenced by the other; and
each party having acted in its own interest. Associate In relation to an entity (the first entity), an entity over which the first entity has significant influence. Close family members or close members of the family In relation to a KMP, family members who may be expected to influence, or be influenced by that KMP in their dealings with Council will include:
that person’s children and spouse or domestic partner;
children of that person’s spouse or domestic partner; and
dependants of that person or that person’s spouse or domestic partner. For the purpose of AASB 124, close family members could include extended members of a family (such as, without limitation, parents, siblings, grandparents, uncles/aunts or
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cousins) if they could be expected to influence, or be influenced by, the KMP in their dealings with Council. Control Control of an entity is present when there is:
power over the entity; and
exposure or rights to variable returns from involvement with the entity; and
the ability to use power over the entity to affect the amount of returns received as determined in accordance with AASB 10 Consolidated Financial Statements, Paragraphs 5 to 18, Appendices A (Defined Terms) and B (Application Guidance). Entity Can include a body corporate, a partnership or a trust, incorporated association, or unincorporated group or body. Joint control The contractually agreed sharing of control of an arrangement, which exists only when decisions about the relevant activities require the unanimous consent of the parties sharing control. Joint venture An arrangement of which two or more parties have joint control and have right to the net assets of the arrangement. Joint venturer A party to a joint venture that has joint control of that joint venture. Key Management Personnel (KMP) Person(s) having authority and responsibility for planning, directing and controlling the activities of Council. Specifically, KMP of Council are the:
Mayor;
Councillors;
General Manager;
Directors;
Public Officer. Materiality The assessment of whether omitting or misstating the transaction, either individually or in aggregate with other transactions, could influence decisions that users make on the basis of Council’s financial statements. Materiality depends on the size and nature of the omission or misstatement judged in the surrounding circumstances. The size or nature of the item, or a combination of both, could be the determining factor. As a general rule, Council will utilise $10,000 as the threshold for materiality. Ordinary citizen transactions Transactions that an ordinary citizen would undertake with Council, which is undertaken on arm’s length terms and in the ordinary course of carrying out Council’s functions and activities. Examples of ordinary citizen transactions assessed to be not material in nature are:
paying rates and utility charges;
using Council’s public facilities after paying the corresponding fees. Related party A person or entity that is related to Council pursuant to the definition contained in AASB 124, Paragraph 9.
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Examples of related parties of Council are:
Council subsidiaries;
KMP;
close family members of KMP;
entities that are controlled or jointly controlled by KMP or their close family members.
Also, a person or entity is a related party of Council if any of the following apply:
they are members of the same group (which means that each parent,
subsidiary and fellow subsidiary is related to the others);
they are an associate or belong to a joint venture of which Council is part of;
they and Council are joint ventures of the same third party;
they are part of a joint venture of a third party and council is an associate of the
third party;
they are a post-employment benefit plan for the benefit of employees of either
Council or an entity related to Council;
they are controlled or jointly controlled by close members of the family of a
person;
they are identified as a close member of the family of a person with significant
influence over Council or a close member of the family of a person who is a key
management person of Council; or
they or any member of a group of which they are a part, provide key
management personnel services to Council.
Related party transaction A transfer of resources, services or obligations between the Council and a related party, regardless of whether a price is charged. Examples of related party transactions are:
purchases or sales of goods;
purchases or sales of property and other assets;
rendering or receiving of services;
rendering or receiving of goods;
leases;
transfers under licence agreements;
transfers under finance arrangements (example: loans);
provision of guarantees (given or received);
commitments to do something if a particular event occurs or does not occur in the future;
settlement of liabilities on behalf of Council or by Council on behalf of that related party.
Related party disclosure A document entitled Related Party Disclosure by Key Management Personnel in the form set out in Attachment A. Significant influence The power to participate in the financial and operating policy decisions of another entity but is not control or joint control of those policies, as determined in accordance with Australian Accounting Standard AASB 128 Investments in Associates and Joint Ventures, Paragraphs 3, 5 and 6. Scope This policy applies to all key management personnel of Snowy Valleys Council.
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Overview AASB 124 provides that Council must disclose all material and significant related party transactions and outstanding balances, including commitments, in its annual financial statements. Council in complying with disclosure requirements in AASB 124, will:
identify related party relationships, related party transactions and ordinary citizen transactions;
identify information about the related party transactions for disclosure;
Establish systems to capture and record the related party transactions and information about those transactions;
identify the circumstances in which disclosure of the items in subparagraphs (1) and (2) are required; and
determine the disclosures to be made about those items in the General Purpose Financial Statements for the purpose of complying with AASB 124.
AASB 124 provides that Council must disclose all material and significant related party
transactions in its annual financial statements by aggregate or general description and
include the following detail:
the description of the related party transaction and related party;
the nature of the related party relationship; and
relevant information about the transactions including:
the amount of the transaction;
the amount of outstanding balances, including commitments, and
their terms and conditions, including whether they are secured, and
the nature of the consideration to be provided in the settlement; and
details of any guarantee given or received;
provision for doubtful debts related to outstanding balances; and
the expense recognised during the period in respect of bad or doubtful
debts due from related parties.
Disclosure will only be made where a transaction has occurred between Council and a related party of Council. In addition, the transaction must be material in nature or size when considered individually or collectively. To enable Council to comply with AASB 124, Council’s key management personnel are required to declare full details of any related party transactions that are not otherwise defined in this policy as a non-material ordinary citizen transaction. Such information will be retained and reported, where necessary, in Council’s annual financial statements. Information provided by key management personnel and other related parties shall be
held by Council for the purpose of compliance with Council’s legal obligations under
AASB 124. The information provided under this policy is considered private and
confidential and will not be accessible for inspection by or disclosure to the public.
Consent must be given by the KMP prior to providing information contain on the
register.
Only the following officers are permitted to access, use and disclose the information
provided in a related party disclosure or contained in a register of related party
transactions to assess, verify and reconcile disclosures in order to meet the
requirements of AASB124:
the General Manager;
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the Director of Internal Services;
the Responsible Accounting Officer;
an Auditor of Council (including NSW Auditor General’s Office); and
Other officers as delegated by the General Manager.
Responsibilities
Council – Elected members of Council Elected members of Council are responsible for the adoption of this Council policy and the consideration of resources towards the implementation of this policy. General Manager Are responsible for
The implementation of the policy and procedures in their work area; and
The monitoring of implementation and compliance with the policy and associated procedure
The Director of Internal Services is responsible for:
providing all Key Management Personnel with a Related Party Disclosure Form;
maintaining a register of completed KMP related party disclosures; and
the privacy and confidentiality of information provided by KMP’s. The Responsible Accounting Officer is responsible for:
identifying Council subsidiaries, associates and joint ventures;
investigating through Councils business system whether any identified Council subsidiaries, associates or joint ventures have an existing related party transaction with Council;
identifying and extraction required information against each existing related party transaction;
reviewing and assessing the materiality of related party transactions that are ordinary citizen transactions to determine whether disclosure is necessary;
maintaining and keeping up to date a register of related party transactions that captures and records required information for disclosure; and
ensuring Council is meeting its disclosure requirements set out by AASB124. KMP are responsible for:
providing an accurate related party declaration form (Attachment A), notifying any existing or potential related party transactions between Council and either themselves, their close family members or entities controlled or jointly controlled by them or any of their close family members within:
30 days of commencement of their term of employment; 30 days after a change to close family members and associated entities;
or 30 days after 30 June each year; and
provide details to the Director of Internal Services when they suspect that a transaction may constitute a related party transaction that is not considered an ordinary citizen transaction or for key management personnel compensation.
Key Performance Indicators Audited disclosures in Annual Financial Statements Contact Officer: Director of Internal Services Associated Documents
External - AASB124 Related Party Disclosures
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Local Government Act 1993 Local Government (General) Regulation 2005
Internal - Code of Conduct Policy Related Party Disclosure Form (Attached)
Superseding Policy No. and Title: Not Applicable Policy prepared by: Chief Finance Officer History table:
Version Control No
Development /Amendment Date
Approval Date
Resolution Number
Activity log
01 30/6/17 Chief Finance Officer
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Attachment A
Related Party Disclosure by Key Management Personnel
Name of Key Management Personnel: .....................................................................................................................................
Position of Key Management Personnel: ...........................................................................................................................................................................
Please read the Privacy Collection Notice provided with this notification, which explains what is a related party transaction and the purposes for which Council is collecting and will use and disclose, the related party information provided by you in this notification.
Please complete the table below for each related party transaction with Council that you, or a close member of your family, or an entity related to you or a close member of your family:
a) has previously entered into and which will continue in the financial year; or b) has entered into, or is reasonably likely to enter into, in the financial year.
Description of Related Party Transaction
Is transaction existing/potential?
Related Party’s Name (Individual’s or entity’s name)
Related Party’s Relationship/ Reasons why related
Description of Transaction Documents or Changes to the
Related Party Relationship
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Declaration I, .............................................................................. , ............................................................................... notify that, to the best of my knowledge, information (Full Name) (Position)
and belief, as at the date of this notification, the above list includes all existing and potential related party transactions with Council involving myself, close
members of my family, or entities controlled or jointly controlled by me or close members of my family, relevant to the …………… financial year.
I make this notification after reading the Related Party Disclosures Policy, which defines the meaning of the words “related party”, “related party transaction”,
“close members of the family of a person” and, in relation to an entity, “control” or “joint control”, and the purposes for which this information will be used and
disclosed.
I permit the Responsible Accounting Officer and the other permitted recipients specified in the Policy to access the register of interests of me and persons
related to me and to use the information for the purposes specified.
Signature of KMP: ........................................................................................................................... Dated : .......................................................
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Staff Corporate Uniform Policy
Policy Number: SVC-HR-PO-010-02 Aim Snowy Valleys Council’s corporate wardrobe will be promoted as the preferred dress standard for Council promoting the corporate image. This preferred dress standard applies to Council’s corporate staff including Libraries, Customer Service, Community Service, Field and Tourist Information Centre. Legislation N/A Definitions PPE – Personal Protection Equipment Field staff – Works outdoor staff HR – Human Resources Scope This policy applies to all employees of Snowy Valleys Council who choose to wear the corporate uniform and branding. For those supplying their own corporate standard of attire information is also provided. Overview All garments purchased or supplied as component of the Corporate Uniform will bear the Council Logo or LG (Local Government) logo depending on the uniform brand purchased. For LG logo there will not be a need to have a Snowy Valleys Council logo as well but the wearing of a name badge will be required. Staff working with the community in frontline roles are required, during work hours, to wear Council issued name badges displaying their first name only. It is important that staff present themselves with a professional corporate image on behalf of Council. Clothing should not be revealing or display offensive slogans. Singlets, jeans or low cut tops and exposed midriffs are not acceptable. Corporate branding must not be altered in any way. Shoes worn should not pose a WHS risk. The corporate base colours are black, charcoal and navy. Complementary corporate wear (shirts, tops, and Ties) may comprise any combination of various colours as promoted and distributed by the approved uniform suppliers but must bear the Council or LG logo. Corporate items of clothing must be purchased from either: The Workwear Group (Neat n Trim), Biz Collection or the Style Corp brand of clothing, to be eligible for the Council allowance. Staff with a combined indoor and outdoor role can purchase the necessary component of PPE clothing in accordance with the standard, whilst upholding the image of Council. Information relating to this can be sourced from the Personal Protective clothing policy. All Corporate uniform if in good condition upon cessation of employment may be laundered and returned to Council’s HR Officer to be utilised as a clothing pool. Exemptions: Casual days held in promoting a registered cause or permission given at the discretion of the General Manager require employees to dress in clean smart casual clothing. Staff working outside their normal duties such as on call, training and stock taking may wear clothing appropriate to the task and WHS policy.
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Responsibilities All staff are responsible for maintaining a corporate and professional image of Council. In accordance with the Local Preference Policy (Buy Local) staff are to support local businesses where appropriate and possible. Council The Council is responsible for the adoption of this policy and the consideration of resources towards the implementation of this policy. General Manager The General Manager is generally responsible for the efficient and effective operation of the Council’s organisation and for ensuring the implementation, without undue delay, of decisions of the council. Directors, Managers and Team Leaders Are responsible for
The implementation of the policy and procedures in their work area.
The monitoring of implementation and compliance with the policy. Human Resources Officer To ensure that all eligible employees are issued with and wear the corporate uniform as provided in this policy. To make the Corporate Uniform Policy available to all new staff upon commencement. Contact Officer: Human Resources Officers Associated Documents
External - Nil
Internal - PPE Protective Clothing Policy – SVC-WHS=PO-015-01 - Staff Corporate Uniform Procedure – SVC-HR-PR-005-01
Superseding Policy No. and Title: Corporate Uniform Policy - former Tumbarumba Shire Council - TSC-HR-PO-005-05 Staff Corporate Uniform & Dress Code Policy - former Tumut Shire Council – HR.24 Policy prepared by: Tracy Martin and Christine Cameron History table:
Version Control No
Development /Amendment
Date
Approval Date
Resolution Number
Activity log
0 6.3.2017 Prepared for Snowy Valleys Council
1 23/03/2017 M29/17 Ordinary Council Meeting
2 4.7.2017 Amendment by Policy Review committee
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