operations committee - port augusta city … ar12/27797 – resubmitted revocation proposal –...

AR12/28076 10/12/2012

OPERATIONS COMMITTEE AGENDA

Monday 10 December 2012 To commence at the conclusion of the Strategic

Management Committee Meeting (5:30pm)

Council Chambers 4 Mackay Street, Port Augusta

Civic Centre: 4 Mackay Street

Port Augusta South Australia 5700

Postal Address: PO Box 1704

Port Augusta South Australia 5700

Telephone (08) 8641 9100

Facsimile (08) 8641 0357

[email protected]

www.portaugusta.sa.gov.au

AR12/28076 10/12/2012

1. ELECTION OF CHAIRPERSON

The City Manager will call for nominations for the position of Chairperson of the Operations Committee for the duration of 12 months.

2. APOLOGIES 3. PREVIOUS MINUTES (ATTACHED)

Recommendation That the minutes of the previous Operations Committee Meeting (AR12/2554) held on 12/11/2012 be confirmed as a true & accurate record of proceedings. (The recommendations from these minutes were endorsed by Council on 26/11/2012).

4. PRESENTATION/DEPUTATION Nil

5. QUESTIONS ON NOTICE Nil

6. QUESTIONS WITHOUT NOTICE 7. NOTICE OF MOTION

Nil 8. REPORTS

8.1 AR12/25208 – Relocation Options for Community Groups – Allotment 406 in DP 36572 in CR 5752/732 - Old Croquet Club

8.2 AR12/27797 – Resubmitted Revocation Proposal – Allotment 406 in DP

36572 in CR 5752/732 – Old Croquet Club – Public Consultation (A representative of the Port Augusta Dog Obedience Club, Eliza

Parker, has requested to speak to this agenda item) 8.3 AR12/27065 – Delegations of Authority Review – Public & Environmental

Health Act 1987 and New SA Public Health Act 2011 8.4 AR12/26954 – Revised Cemetery Management Policy 2.15.01 8.5 AR12/27273 – Revised Policies – Purchasing, Contracts & Tendering 1.1.09

and Disposal of Land & Assets 1.1.12 8.6 AR12/26435 – Adoption of Revised Code of Conduct Elected Members

1.1.01, Public Consultation/Engagement Policy 1.1.08, Customer ‘First’ Service Charter 2.2.03 and New Social Media Policy 2.2.11

8.7 AR12/24603 – Adoption of New Model Internal Review of Council Decisions

Policy 1.1.05 8.8 AR12/27924 – Central Oval Redevelopment – Expression of Interest &

Select Tender Process

9. LEAVE OF ABSENCE

Nil

AR12/28076 10/12/2012

10. CONFIDENTIAL REPORTS

Nil 11. CLOSE OF MEETING

GREG PERKIN CITY MANAGER

AR12/25554 12/11/2012

MINUTES OF OPERATIONS COMMITTEE MEETING HELD ON MONDAY 12 NOVEMBER 2012

PRESENT Chairperson, Cr K McLean, Deputy Mayor, Cr P Greagen, Crs P Solomon, F Paynter, S Johnson, B Benbow, P Brown & L Lumsden.

OFFICERS PRESENT

City Manager, Mr G Perkin, Director Corporate Services, Mr M Dunemann, Director Infrastructure & Environment, Mr H Hart, Director City & Cultural Services, Mrs L Heron, Community & Recreational Development Officer, Mr C Dearlove and Executive Assistant, Ms M Jenkins.

GALLERY/MEDIA PRESENCE

Media - 1 Other - 4

The Chairperson declared the meeting open at 5:30pm. APOLOGIES Crs Greagen/Johnson that the following apologies be received:

Her Worship the Mayor, Mrs NJ Baluch AM Cr T Mitchell Director Community Services, Mrs A O’Reilly CARRIED

MINUTES OF PREVIOUS MEETING

Crs Paynter/Lumsden that the minutes of the previous Operations Committee Meeting (AR12/22646) held on 08/10/2012 be confirmed as a true & accurate record of proceedings. (The recommendations from these minutes were endorsed by Council on 22/10/2012). CARRIED

PRESENTATION Port Augusta Open Space & Playspace Strategy (F10/456) Mark Band, Director, One Eighty Sport & Leisure Solutions presented the

draft Open Space & Playspace Strategy for the development of sustainable parks and reserves in Port Augusta. Members were provided with a copy of the report. A copy of the power-point presentation is attached to the minutes.

The presentation concluded at 6:10pm and Mark Band left the

meeting. QUESTION WITHOUT NOTICE (F10/364)

Cr Brown – advised that the stobie pole adjacent 106 Carlton Parade has been hit by a number of vehicles and enquired as to whether a guard rail should be installed. The Director Infrastructure & Environment took the question on notice.

QUESTION WITHOUT NOTICE (F10/2359)

Cr Brown – asked if workshops could be arranged on a regular basis for Elected Members and Directors to get together and have open informal discussions about a range of matters and projects. The City Manager advised that a workshop will be held at the conclusion of the Strategic Management Committee meetings (19/11/2012) to discuss various issues.


Cr Benbow – asked for an update on the ‘counts’ that had been undertaken for a pedestrian activated crossing for Flinders Terrace The Director Infrastructure & Environment advised that the Senior Technical Officer is still in the process of conducting random pedestrian counts. Results are expected to be known by the end of November.

AR12/25554 12/11/2012

-2- QUESTION WITHOUT NOTICE (F11/3842)

Cr Benbow – asked whether staff is aware of the ‘Transport Connections Program Innovation Fund’ and if there would be any opportunities for Council in seeking funds. The Director Corporate Services advised that this is a Victorian State Government Fund.


Cr Benbow – asked if there is any grant funding opportunities that could be investigated to undertake the recommended projects in the Draft Open Space and Playspace Strategy. The City Manager advised that there may be funds available through the Department of Planning & Local Government’s Places for People Grant Program. Funding of $50,000 has been allocated in this year’s budget for the provision of shading and fencing of a playground and he advised that Council needed to make a decision in regard to which playground it is to be utilised on.


Cr Johnson – asked for a report on progress with the upgrade of the Christopher Street Park, Stirling North. Taken on notice by the Director Infrastructure & Environment.

COMPARATIVE PERFORMANCE MEASUREMENT PROJECT – COMMUNITY SURVEY RESULTS 2012 (F10/142)

Crs Lumsden/Greagen that Operations Committee recommends Council receives and note the report (AR12/23284) dated 12 October 2012, submitted by the Director City & Cultural Services, concerning “Comparative Performance Measurement Project – Community Survey Results 2012”. The Director City & Cultural Services, Lee Heron presented and spoke to the survey results. (Note: the graph relating to Safety & Security has been updated). CARRIED

INFORMATION REPORT – PROCEDURES AT MEETING REGULATIONS – ATTENDANCE VIA TELEPHONE & OTHER ELECTRONIC MEANS (F12/370)

Crs Greagen/Johnson that Operations Committee recommends Council receives and notes the report (AR12/23291) dated 11 October 2012, submitted by the Director City & Cultural Services, concerning “Information Report – Procedures at Meeting Regulations – Attendance via Telephone or other Electronic Means”. CARRIED Mr Dunemann left the meeting at that time (7:07pm).

2012/2013 CHRISTMAS/NEW YEAR CLOSURE (F10/200)

Crs Johnson/Paynter that Operations Committee recommends Council: 1. Receives and notes the report (AR12/23287) dated 11 October

2012, submitted by the City Manager, concerning “2012/2013 Christmas/New Year Closure”.

2. Authorises the closure times as outlined in this report and

advertises details of the closure times in the Transcontinental Newspaper.

3. Requires all employees to utilise annual leave, long service leave,

special leave or accrued rostered days off for the various days of the closure (that are applicable the them) not covered by the Public Holidays in the period in question (i.e. Thursday 27, Friday 28 and Monday 31 December 2012).

CARRIED

AR12/25554 12/11/2012

-3- COMMUNITY GRANT APPLICATION – PORT AUGUSTA SWIMMING CLUB 2012 CARNIVAL & OPEN WATER SWIM (F12/481)

Crs Greagen/Lumsden that Operations Committee recommends Council: 1. Receives and notes the report (AR12/23685) dated 16 October

2012, submitted by the Contracts & Events Officer, concerning “Community Grant Application – Port Augusta Swimming Club 2012 Carnival and Open Water Swim”.

2. Agrees to provide a community grant of $500 on the condition that

the event takes place and a report on the event is received by Council within 60 days of the event taking place.

CARRIED 2013 XPD EXPEDITION RACE PARTNERSHIP (F12/481)

Crs Greagen/Johnson that Operations Committee recommends Council: 1. Receives and notes the report (AR12/25396) dated 5 November

2012, submitted by the Contracts & Events Officer, concerning 2013 XPD Expedition Race Partnership”.

2. Agrees to provide combined in-kind and financial support to the

value of $50,000.00 to Geocentric Outdoors for the 2013 XPD Expedition Race to be held in Port Augusta and the Flinders Ranges between 2-14 September 2013, on the condition that the event take place with Port Augusta as the host City and an invoice is presented to Council for payment.

CARRIED AUTHORITY TO CERTIFY THE 2011/2012 ANNUAL FINANCIAL STATEMENTS (F10/67)

Crs Benbow/Lumsden that Operations Committee recommends Council: 1. Receives and notes the report (AR12/25149 dated 2 November

2012, submitted by the Director Corporate Services, concerning “Authority to Certify the Annual 2011/2012 Financial Statements”.

2. Authorises Her Worship the Mayor Mrs NJ Baluch and the City

Manager Mr G Perkin to certify the Financial Statements for financial year 2011/2012 in accordance with Section 14 of the Local Government (Financial Management) Accounting Regulations 2011.

CARRIED ANNUAL REPORT & INFORMATION STATEMENT 2011/2012 – ADOPTION (F10/182)

Crs Greagen/Johnson that Operations Committee recommends Council: 1. Receives and notes the report (AR12/22901) dated 19 October

2012, submitted by the Director City & Cultural Services, concerning “Annual Report & Information Statement 2011/2012”.

2. Adopts the 2011/2012 Annual Report and Information Statement,

subject to the inclusion of the adopted Audited Financial Statement for 2011/2012.

3. Approves making copies of the 2011/2012 Annual Report and

Information Statement available free of charge (hard copy) and placing a copy on Council’s website.

AR12/25554 12/11/2012

-4-

4. Approves distributing the 2011/2012 Annual Report and

Information Statement to all parties outlined within Schedule 4 of the Local Government Act 1999, plus the Local Government Association, Office for State/Local Government Relations, neighbouring Councils and other relevant local agencies.

CARRIED The meeting was declared closed at 7:25pm

AR12/25554 12/11/2012

REPORT FOR: Operations Committee MEETING DATE: 10 December 2012 REPORT FROM: Director – City & Cultural Services REPORT TITLE: Allotment 406 in DP 36572 in CR 5752/732 – Old Croquet Club

– Relocation Options for Community Groups FILE NAME: F11/3839 RECORD NO: AR12/25208 STRATEGIC PLAN SUB GOAL/S 3.1 Economic growth for long-term benefit. 6.2 Optimise the use & management of the council’s financial & physical resources. PURPOSE The purpose of this report is to provide Elected Members with an opportunity to consider relocation options for the community groups currently using the Old Croquet Club, Flinders Tce, Port Augusta, taking into consideration feedback from these groups in relation to the options investigated and approve officers continuing negotiations with these community groups to facilitate relocation in due course to their preferred sites. 2. RECOMMENDATION Operations Committee recommends Council: 1. Receives and notes the report (AR12/25208) dated 4 December 2012,

submitted by the Director – City & Cultural Services concerning “Allotment 406 in DP 36572 in CR 5752/732 – Old Croquet Club – Relocation Options for Community Groups”.

2. Supports the relocation options for the various groups currently using the

Old Croquet Club, as outlined within the Relocation Options List (AR12/25483).

3. Notes that relocation by these groups is not required immediately,

however if they choose to relocate at this time they will be supported in doing so.

4. Approves allocating funding within the 2013/2014 budget for the upgrade

of the Westside Tennis Club facility as per the Asset Evaluation. 5. Approves the City Manager negotiating, as part of any sale and purchase

contract for the Old Croquet Club land (once acquired from the State Government), that a similar clubhouse must be constructed on another site, as approved by Council at that time and lighting from the Old Croquet Club relocated to the Westside Tennis Club facility.

2 3. BACKGROUND Elected Members considered report (AR12/16441) at the Strategic Management

Committee Meeting held on 17 September 2012 and Council resolved at its meeting held on 24 September 2012 to defer proceeding with the revocation proposal, subject to investigation of suitable available alternative sites/venues for the community groups (11) who currently utilise this facility.

This report is now forwarded to Council for consideration in relation to relocation

options for current users and Report (AR12/27797 – previously identified as AR12/16441) has been resubmitted separately for further consideration.

4. DISCUSSION 4.1 Investigations have been undertaken to identify other Council

facilities/sites that would be suitable for the relocation of the community groups currently accessing the Old Croquet Club.

4.2 A table is attached (refer Appendix A) listing the various users of the Old

Croquet Club and options of other Council facilities/sites for relocation purposes in the future. It should be noted that as part of the Central Oval Redevelopment it is proposed to retain a portion of the old Basketball Stadium for community use and therefore this will be an additional community space that could be utilised for community groups.

4.3 As Council is aware, a Port Augusta Open Space/Play Space and Stirling

North Master Plan Strategy is being prepared which highlights locations within the Council area that should be developed as ‘sporting/recreational hubs’ and ‘play spaces’, plus there is support to improve the tennis facilities within the Central Oval Precinct. As the satellite tennis courts located at Westside Tennis Club are no longer used for competition tennis due to their poor condition and the Westside Tennis Club have advised that they no longer require these facilities (which they built with Council’s approval). Therefore the Club would be willing to relinquish their lease arrangements with Council for this site.

Mr Graham Fry (President – Westside Tennis Club) has provided written

advice to Council with regard to relinquishing their lease for this site (refer Appendix B).

4.4 Westside Tennis Club – Lease Arrangements 4.4.1 The Westside Tennis Club is located on Allotment 2 in DP 41790

Crown Record 6077/318 (previously 5754/545). This land was placed under Council’s care, control and management in 1989 and was dedicated for parkland purposes. This land is classified as Community Land and is listed within the Category 2 Parks of Council’s Community Land Management Plans. The Westside Tennis Club have a lease over a portion of this land for their clubhouse and courts which expires on 5 March 2014.

4.4.2 Currently the Westside tennis courts are used only for the

occasional social tennis game and due to cracking in the surface it is becoming very unsafe for playing tennis. The Clubhouse itself has not been utilised for sometime.

3 4.5 Westside Tennis Club Maintenance/Upgrade 4.5.1 The Westside Tennis Club courts provide an excellent area for the

training and exercising of dogs, as it is fully fenced and has synthetic grass (although the grass is quite old, but still serviceable for the dog club’s purposes). The clubhouse itself would be a bonus for the Dog Club, and they have indicated that they are more than happy to share these facilities with other community groups.

Although the Westside Tennis Clubhouse is not as large as the old

Croquet Club facilities, it is adequate for the Dog Obedience Club purposes and is also large enough for other community groups as a meeting space.

As Port Augusta and Stirling North do not have a fenced open space

area for exercising of dogs off leash, this area would be suitable for access by the community for exercising of dogs, in addition to the Dog Obedience Club use for training purposes.

4.5.2 Council’s Senior Building Officer has undertaken an inspection of

the Westside Tennis Club facilities and has provided an Asset Evaluation (refer Appendix D). The estimated cost to bring the Westside Tennis Club facility up to an acceptable standard, as outlined within the Asset Evaluation Report is $30,000.

4.6 Dog Obedience Club requirements 4.6.4 The Dog Club have provided written advice (refer Appendix C)

advising that they would be prepared to relocate over a period of time however, would like a commitment from Council that some basic maintenance and upgrade to the Westside Tennis Club buildings and grounds would be undertaken. This includes:

(a) Confirming that the clubhouse building is safe and within

required standards. (b) Gutters are replaced on the building. (c) Old rain water tank is replaced. (d) Crusher dust is spread around the building to improve the

aesthetics of the area. (e) Existing paving at the old croquet club be relocated for use

at the Westside Tennis Club. (f) Existing lights and shade shelters at the old croquet club be

relocated for continued use at the Westside Tennis Courts. (g) Advice be provided in relation to the structural integrity of

the fencing around the Westside tennis courts. (h) Construction of a new suitably sized storage shed, or if

possible the relocation of the storage shed located at the old croquet club.

4 4.6.5 Members of the Dog Obedience Club are keen for the developer

chosen to redevelop the Old Croquet Club to be responsible for all costs associated with their relocation and the improvement to the facilities at the Westside Tennis Club as detailed above. They do not consider it appropriate that Council fund this work as the current community asset is adequate for their needs and relocation is only required to enable redevelopment of this site for retail purposes.

4.7 Items to be transferred from Old Croquet Club to Westside Tennis Club In addition to the requirements listed in Clause 4.6.4 (a)-(h) above, there

are some items within the Old Croquet Club that could be relocated to the Westside Tennis Club for the Dog Obedience Club and other community groups use once relocation takes place. These include:

1) 2 Flag poles 2) Roller Shutters (if suitable) 3) 4 tables and 22 stackable chairs 4) Fridge 5) Microwave 6) Urn and Kettle 7) Vaccum Cleaner 8) Utilise fencing (if possible) to improve fencing around Westside

Tennis Club 4.8 Old Croquet Club Asset This is an excellent community asset, however due to its location within

the Central Business District of Port Augusta, this valuable parcel of land could be put to better use for the whole of the community for retail development. There are limited landholdings within the CBD that can be acquired for larger developments and therefore this site has huge potential to support future retail development in the CBD and to encourage pedestrian traffic along Commercial Road, from one end to the other.

The Old Town Hall, Police Station, Old District Courthouse sites and the

Old Croquet Club land are seen as being instrumental in livening up the CBD to support economic growth within Port Augusta.

It is considered appropriate to require developers, as part of any

redevelopment negotiations for the Old Croquet Club site, to construct a similar facility on other Council land (owned or under Council’s care, control and management) to ensure that this community asset is not lost to the community altogether. It is also considered appropriate to require the preferred developer to relocate and install the lights from the Old Croquet Club to the Westside Tennis Club.

For example, the Old Pony Club at Stirling North has been identified within

the open space/play space strategy as being a suitable location for open space/play space, and as the current facilities on this site are unusable, a new facility constructed at the Old Pony Club site as part of the Old Croquet Club site redevelopment contract conditions, would be a win/win outcome for the community. The Old Croquet Club land would be redevelopment for retail purposes and the Old Pony Club land would have a new clubhouse facility constructed by the developer, which ensures that the community has continued access to an excellent facility, located within an appropriate ‘sporting hub’.

5 It is recommended therefore that Council approve the City Manager

negotiating with developers in due course, to ensure that as part of any sale and purchase contract for the Old Croquet Club land, provisions are made for the construction of a similar facility, on another site, as approved by Council at that time and relocation of lighting to the Westside Tennis Club. It must be noted that Council does not receive any financial gain from the sale of this land, as it is owned by the State Government and therefore all proceeds from the sale would go to the State Government.

As Council will be working through a complex process in negotiating with

the State Government for the purchase of the land and then seeking registrations of interests from developers for the redevelopment of the Old Croquet Club land, it could take some considerable time before these processes are finalised. Therefore, the community groups currently utilising the Old Croquet Club can continue to occupy this space until a developer has been chosen to redevelop this site. If the community groups indicate that they wish to relocate sooner, then they will be supported to do so, to their preferred alternative location are detailed within the ‘Relocation Options List’.

4.9 To support the relocation of the Dog Obedience Club to the Westside

Tennis Club, Council should consider a budget allocation within the 2013/2014 budget, to enable the upgrade and maintenance to be undertaken as outlined within the Senior Building Officer’s Asset Evaluation Report.

5. CONFIDENTIALITY PROVISIONS Not applicable. 6. RISK MANAGEMENT 6.1: Financial/Budget A budget allocation estimated at $30,000 will be required to bring the Westside

Tennis Club facilities up to an acceptable standard for ongoing future use. 6.2: Legal Council ‘Sale of Council Land’ Policy 1.1.12 provides the guidelines for the

disposal of land, and Section 194 of the Local Government Act 1999 outlines the provisions for the revocation of community land classification applicable to land. The revocation of community land status must be revoked before a parcel of land can be sold. Allotment 406 in DP 36572 in CR 5752/732 – Old Croquet Club in owned by the State Government and is under Council’s care, control and management dedicated for recreation purposes.

6.3: Environment The relocation of the Dog Obedience Club to the Westside Tennis Club facility, will

ensure that they have access to a suitable facility for the training of dogs and also provides a space for the community to utilise for exercising dogs off leash. The Dog Obedience Club have indicated that they would support this facility being upgraded and would ensure that the facility is maintained to a high standard.

6 6.4: Community

6.4.1 General The community have had an opportunity to comment on the

revocation proposal for the Old Croquet Club land and the issues raised by community groups and members as part of their relocation options, is outlined within this report.

6.4.2 OPAL Program

The OPAL Program promotes healthy, active living and the

exercising and training of dogs is a recreational activity which supports the outcomes from this program.

LEE HERON 04/12/2012

APPENDIX A

RELOCATION OPTIONS LIST

Group When Meet Day Time New Location

Solar Thermal Power Group

(8-20 people)

Once a fortnight Tuesday 6/11/2012

6-8pm Fountain Gallery or Westside

Tennis Club

Port Augusta German Club Member

(10-12 members)

Every Saturday Afternoon

Saturdays 1-5pm Westside Tennis Club

Port Augusta Dog Obedience Club

Every Sunday & Wednesday and once per month

on Tuesday

Sunday, Wednesday

Tuesday

Westside Tennis Club

Relaxation Therapy Group

(3-19 people)

Every Thursday Evening

Thursdays 7-8:30pm Netball Hall Old Basketball

Stadium Central Oval Community

Space Port Augusta Probus No longer using the Old Croquet Club – they are now using

Fountain Gallery Meeting Room The Uniting Church Only used Old Croquet Club once – not a

permanent user. Institute Theatre

Meeting Rooms OPAL Program

As needs basis Institute

Theatre Meeting Rooms

Caritas College 86489700

Only used once and not looking at this stage to use again

Port Augusta Secondary School

86473300

Have not used facility for sometime and have no requirements to access any similar facilities in the foreseeable future

(P Collins)

Cancer Support Group No longer a permanent user Netball Hall or Westside

Tennis Club Other locations available: Westside Tennis Club Fountain Gallery Meeting Room Institute Theatre/Meeting Rooms Netball Hall (Railway Parade) Basketball Stadium (current) Central Oval new Community Space

8 APPENDIX B

Westside Tennis Club C/− Graham Fry 25 Mildred Street PORT AUGUSTA SA 5700 4th December, 2012 Port Augusta City Council PO Box 1704 PORT AUGUSTA SA 5700 Dear Lee On behalf of the above Club I wish to advice that due to the decline in the number people participating in tennis in the past 30 − 40 years the West Side Tennis courts and Clubhouse have not been utilised for the past 4 − 5 years and any activities are now conducted at the Association Courts on Augusta Terrace. Our members are regretful that our Club is not prospering as we would like and that we no longer use these facilities in any meaningful way after so many years of enjoyment. We would like to point out that all the facilities were provided by fundraising efforts conducted by our Club and the synthetic grass surface alone was approximately $40000 to install. We are in agreement that if the Dog Obedience Club need to relocate then we are prepared to relinquish the lease of the land and the Clubhouse and the Council transfer the lease to their own control or to the Dog Obedience Club. Some contents which are club owned such as the billiard table, refrigerator etc will be relocated. Yours sincerely Graham Fry Westside Tennis Club

9

APPENDIX C

10 APPENDIX D

WESTSIDE TENNIS CLUB FACILITIES

ASSET EVALUATION

Work Required

Estimate Cost

1. New gutters to rear with new roof area with new downpipes, brackets etc

$500

2. Repair as necessary and paint external doors $600 3. Repair as necessary and paint all external timber work (fascias

and barges) $1,000

4. Repaint verandah posts $250 5. Repaint ceiling internal $400 6. Supply vent caps to vent pipe $20 7. New getters and downpipes to front verandah $500 8. Perimeter chainmesh fence requires replacing however could be

repaired and secured $1,000

9. Replacement of fence (chain wire mesh) (required within 2 years) $15,000-$20,000 10. General clean up of surrounds $2,000 11. New rainwater tank and connections $2,000 ESTIMATED COSTS OF REPAIRS

$28,270

It should be noted that the Dog Club have requested that a storage shed be provided as part of their relocation. A Stratco Shed 4.1 x 3.4 x 2.1 (similar to the shed at the Old Croquet Club) is $2,500 plus concrete floor estimated at $1,000. An inspection of the site has been undertaken and it is my professional opinion, that the Clubhouse does not show signs of structural damage and would be fit for purpose. N Heron Senior Building Officer Building Section

REPORT FOR: Operations Committee MEETING DATE: 10 December 2012 REPORT FROM: City Manager REPORT TITLE: Resubmitted - Revocation Proposal – Allotment 406 in DP

36572 in CR5752/732 - Old Croquet Club – Public Consultation FILE NAME: F11/3839 RECORD NO: AR12/27797 STRATEGIC PLAN SUB GOAL/S 3.1 Economic growth for long-term benefit. 1. PURPOSE The purpose of this report is to provide Elected Members with feedback in relation to the submissions received during the public consultation process for the Old Croquet Club land. 2. RECOMMENDATION Operations Committee recommends Council: 1. Receives and notes the report (AR12/27797) dated 31 August 2012,

submitted by the City Manager concerning “Revocation Proposal – Allotment 406 in DP 36572 in CR5752/732 - Old Croquet Club – Public Consultation”.

2. Acknowledges the submissions received during the public consultation

process relating to the revocation proposal of the community land classification applicable to Allotment 406 in DP 36572 in CR5752/732 (Old Croquet Club).

3. Approves proceeding with the revocation proposal and forwards a

submission to the Minister State/Local Government Relations seeking approval of the revocation proposal.

4. Commits to identifying a suitable alternative site and the establishment of

comparable facilities for the use of the current users of the Old Croquet Club site.

5. Ensures that the rights of AN Institute Inc regarding carparking on the site are preserved; and

6. Ensures that further development of the site is managed such that it does not cause a negative impact on other properties and Council services.

7. Allows a representative from the Port Augusta Dog Club to speak to this

proposal.

2 3. BACKGROUND Council at its meeting held on 23 July 2012 resolved to:

1. Endorses the revocation proposal (AR12/3843) for a revocation of the classification of ‘Community Land’ status applicable to Allotment 406 in DP36572 as described within Crown Record 5752/732 (Old Croquet Club – 22 Flinders Terrace, Port Augusta).

2. Approves placing an advert (AR12/4024 – Version 1, 1 August and Version 2, 8

August) in the Transcontinental for two consecutive weeks, seeking written submissions from the community regarding the Community Land Revocation Proposal applicable to 22 Flinders Terrace, Port Augusta – Old Croquet Club.

3. Approves forwarding letters to businesses along Commercial Road, property

owners along Flinders Terrace from Marryatt Street to Mary Street, and the current groups occupying the Old Croquet Club.

4. Approves holding a ‘Community Forum’ on Thursday 2 August 2012 at the

Institute Theatre (next to Post Office) 52 Commercial Road, Port Augusta, commencing at 6:00pm.

5. Approves protecting AN Institute’s interest in the carparking facilities as detailed

within the Memorandum of Agreement (November 1996) by having a Land Management Agreement registered on the Certificate of Title, if Allotment 406 is purchased by Council.

6. Updates the Revocation Proposal form AR12/3839 (in attachment 3 to report

AR12/3864) by removing the first paragraph under Section 6.0.

4. DISCUSSION 4.1 As part of the public consultation process in relation to the revocation of

the community land classification applicable to Allotment 406 in DP 36572 as described within Crown Record 5752/732, feedback was sought from the community in regard to the proposal and a Community Forum was held on Thursday 2 August 2012 to answer any questions that the community night have in relation to this issue.

4.2 Seventy Eight (78) letters were forwarded to businesses/property owners

within the CBD area, an advertisement was placed in the Transcontinental on Wednesday 1 August and 8 August 2012. A Community Forum was held on Thursday 2 August 2012. The revocation proposal was placed on Council Website and hard copies were available from the Civic Centre Office and Public Library. A sign was erected on the property advertising the revocation proposal.

4.3 Council received five written submissions, plus one late written submission

in relation to the revocation proposal. The submission from the Port Augusta Dog Club includes 27 documents of support to retain the existing premises. A request has been received from the Port Augusta Dog Club for a representative to address Council. Fifteen community members attended the community forum.

4.4 Written Submissions: 4.4.1 Council received three Submissions opposing the revocation of the

community land classification applicable to Allotment 406 in DP 35672 in CR5752/732 and three Submissions seeking a commitment from Council to meet their requirements should the proposal proceed.

3 4.4.2 While three submissions did not support the proposal to un-

dedicate the site, the submissions were focussed on the benefits that the current development and use of the site provides to the community. The submissions were thus not specifically focussed on the site and its legal status but more on the loss of the facilities and amenity it provides to the community.

A summary of submissions are attached (refer Appendix A) together

with the full submissions at Appendix B. 4.5 Community Forum 4.5.1 The Community Forum held on Thursday 2 August 2012, was

Chaired by Lee Heron and attended by fourteen community members, one Elected Member and the City Manager.

The Forum provided the community an opportunity to ask

questions about the revocation proposal and the process and to have questions answered on a face to face basis. Generally the community appeared to support the revocation proposal and acknowledged the land as being important for retail growth within the CBD area, however expressed concern that no commitment had been provided to date, from Council, in regard to possible relocation options including the level of facilities that would be available.

4.5.2 The Community Members were encouraged to forward a

submission to Council with regard to their concerns about relocation as part of the revocation proposal, and also advised that if they wish to be heard by Council, to ensure that they included this within their submissions.

4.6 It is clear that the current use of the site is cherished by the community

and that if Council could provide a comparable facility elsewhere in the city that concerns about the changed status of the site would be allayed.

Council will need to decide whether the economic benefits to the city in being able to attract a developer to the city through the provision of a large site justifies the expenditure of Council funds on re-establishing comparable facilities elsewhere in the city. It is unlikely that the Minister would approve un-dedication of the site unless the needs of the community provided by the community land dedication of the site are provided at another convenient location within the city.

5. CONFIDENTIALITY PROVISIONS Not applicable. 6. RISK MANAGEMENT 6.1: Financial/Budget The costs associated with advertising the revocation proposal included: 1) Signwriting of sign for erection of property (Appendix B) $330 2) Transcontinental advertisements (Appendix C) Estimated $525

4 6.2: Legal Section 194 of the Local Government Act 1999 provides the legislative framework

in relation to the revocation of the community land status applicable to Council land or land under Council’s care, control and management and the process undertaken complies with these provisions.

6.3: Environment The removal of the community land classification applicable to this allotment

would enable Council to purchase the land in fee simple and then to consider options of having this land redeveloped to support retail/commercial opportunities within the Central Business District.

6.4: Community

6.4.1 General The community has been provided an opportunity to comment on

the revocation proposal during the consultation period. A community forum was held and the revocation proposal was made available to the community which clearly outlined that Council will consider option for the redevelopment of the site for retail/commercial opportunities.

6.4.2 OPAL Program

Not applicable.

GREG PERKIN 13/09/2012

APPENDIX A SUMMARY OF SUBMISSIONS

Submission # Revocation Proposal Supported/Opposed

Comments Council Response for issues raised

AR12/18438 AN Institute

Request for car parking area access similar to what is currently available

Letter acknowledging submission sent advising comments will be considered

AR12/18879 L Wakefield

Questioned the issue of additional stormwater and provision of car parking facilities


AR12/19182 M Foote

Opposed Highlighted the cost of relocating existing groups using the facility and suggested other locations to be utilised for

development


AR12/19331 L Martin

Opposed Highlighted that groups currently using the Old Croquet Club site maintain the area including gardens etc and it is a

safe fenced environment for community use


AR12/19211 Port Augusta Dog Club

Submission highlighted the importance of this community facility and includes 27 support documents to retain the

existing premises


AR12/20422 W Barnes

Opposed No secure facilities of equal standard available for the Port Augusta Dog Club


APPENDIX B

69 APPENDIX C

REPORT FOR: Operations Committee MEETING DATE: 10 December 2012 REPORT FROM: Director – City & Cultural Services REPORT TITLE: Delegations of Authority Review – Public & Environmental

Health Act 1987 and new SA Public Health Act 2011 FILE NAME: F10/224 RECORD NO: AR12/27065 STRATEGIC PLAN SUB GOAL/S 6.1 A professional effective, efficient & customer focused organisation, responsive to

the needs of the community. 1. PURPOSE The purpose of this report is to provide Elected Members with information in

regard to updates that have been made to the ‘Delegation Templates’ and other legislative changes and to approve delegated authority to the City Manager where appropriate.

2. RECOMMENDATION Operations Committee recommends Council: 1. Receives and notes the report (AR10/27065) dated 23 November 2012,

submitted by the Director – City & Cultural Services concerning “Delegations of Authority Review – Public & Environmental Health Act 1987 and new SA Public Health Act 2011”.

2. Having undertaken a review of the City Manager’s delegations it is

recommended Council: 4.6.1 Revokes its previous delegations to the City Manager of those

powers and functions under the Public & Environmental Health Act 1987 and Public and Environmental Health (Waste Control) Regulations 2010 and Public and Environmental Health (Legionella) Regulations 2008.

4.6.2 In exercise of the power contained in Section 6 of the Public and

Environmental Health Act 1987, Public and Environmental Health (Waste Control) Regulations 2010 and Public and Environmental Health (Legionella) Regulations 2008 contained in the proposed Instrument of Delegation (annexed to this report as Attachment A and identified as Appendix 22 within the City Manager’s Delegations Register) are hereby delegated this 17th day of December 2012 to the person occupying the office of City Manager, subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegations under the Public and Environmental Health Act 1987.

Delegations Register (AR10/483[v7]) Template Version: 30 September 2012

2 4.6.3 Such powers and functions may be further delegated by the City

Manager as the City Manager sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Public and Environmental Health Act 1987.

4.6.4 In exercise of the power contained in Section 44 of the Local

Government Act 1999 the powers and functions under the South Australian Public Health Act 2011and specified in the proposed Instrument of Delegation contained in Attachment B and identified as Appendix 25 within the City Manager’s Delegations Register are hereby delegated this 17th day of December 2012 to the person occupying the office of City Manager subject to the conditions and/or limitations specified herein or in the Schedule of Conditions of the proposed Instrument of Delegation.

4.6.5 Such powers and functions may be further delegated by the City

Manager as the City Manager sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the South Australian Public Health Act 2011.

3. BACKGROUND 3.1 Section 44 of the Local Government Act 1999 provides that a Council may

delegate powers or functions vested or conferred under the Local Government Act 1999, or any other Acts administered by the Council.

3.2 The Local Government Act also provides that the Chief Executive Officer

may sub-delegate a power or function that has been vested or conferred on him/her.

3.3 Council is required to keep a separate record of its delegations and sub-

delegations and these must be reviewed at least once in every financial year.

4. DISCUSSION 4.1 The LGA released Circular 47.9 regarding updates to Delegations

Templates as at 30 September 2012 and the release of Public Health Act delegations.

4.2 The Public and Environmental Health Act 1987, the Public and

Environmental Health (Waste Control) Regulations 2010 and the Public and Environmental Health (Legionella) Regulations 2008 templates have been updated to reflect the legislative amendments to Section 35(a) and 36(a).

4.3 New templates have be prepared and incorporated within the LGA

Delegation Templates for the new legislation under the South Australian Public Health Act 2011.

4.4 To ensure that Council’s delegations are up-to-date and accurate, the

Public and Environmental Health Act 1987, the Public and Environmental Health (Waste Control) Regulations 2010 and the Public and Environmental Health (Legionella) Regulations 2008 have been replaced to reflect the updated version: 30 September 2012.


3 4.5 The new legislation under the South Australian Public Health Act 2011 has

been inserted in their entirety as Appendix 25 within the City Manager’s Delegations Register. This template version is identified as 30 September 2012.

4.6 Having undertaken this review of the City Manager’s Delegations it is

recommended Council: 4.6.1 Revokes its previous delegations to the City Manager of those

powers and functions under the Public & Environmental Health Act 1987 and Public and Environmental Health (Waste Control) Regulations 2010 and Public and Environmental Health (Legionella) Regulations 2008.

4.6.2 In exercise of the power contained in Section 6 of the Public and

Environmental Health Act 1987, Public and Environmental Health (Waste Control) Regulations 2010 and Public and Environmental Health (Legionella) Regulations 2008 contained in the proposed Instrument of Delegation (annexed to this report as Attachment A and identified as Appendix 22 within the City Manager’s Delegations Register) are hereby delegated this 17th day of December 2012 to the person occupying the office of City Manager, subject to the conditions or limitations indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegations under the Public and Environmental Health Act 1987.


Manager as the City Manager sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the Public and Environmental Health Act 1987.

4.6.4 In exercise of the power contained in Section 44 of the Local

Government Act 1999 the powers and functions under the South Australian Public Health Act 2011and specified in the proposed Instrument of Delegation contained in Attachment B and identified as Appendix 25 within the City Manager’s Delegations Register are hereby delegated this 17th day of December 2012 to the person occupying the office of City Manager subject to the conditions and/or limitations specified herein or in the Schedule of Conditions of the proposed Instrument of Delegation.


Manager as the City Manager sees fit and in accordance with the relevant legislation unless otherwise indicated herein or in the Schedule of Conditions contained in the proposed Instrument of Delegation under the South Australian Public Health Act 2011.

5. CONFIDENTIALITY PROVISIONS Not applicable. 6. RISK MANAGEMENT 6.1: Financial/Budget Not applicable.


4 6.2: Legal Section 44 of the Local Government Act 1999 and Section 6 of the Public and

Environmental Health Act 1987 provides that Council may delegate a power or function vested or conferred under this or another Act. The delegation of powers or functions to Council Committees and staff provide for a more efficient and effective process in undertaking specific work practices when exercising those powers and functions.

It is important that delegations are made within a proper and legal framework, as

if this is not done, and a power or function is carried out by an officer of the Council who has not been correctly delegated with that particular power or function, the action could be challenged in a court of law.

6.3: Environment Not applicable. 6.4: Community

6.4.1 General

Pursuant to Section 44(7) of the Local Government Act 1999, the community can inspect a copy of the Delegations Register at the principal office of the Council during ordinary office hours, and may on payment of a fee fixed by Council, to an extract from the record of delegations.

6.4.2 OPAL Program

Not applicable.



5 ATTACHMENT A

APPENDIX 22

INSTRUMENT OF DELEGATION UNDER THE

PUBLIC AND ENVIRONMENTAL HEALTH ACT 1987,

THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS

2010 AND THE PUBLIC AND ENVIRONMENTAL HEALTH

(LEGIONELLA) REGULATIONS 2008

NOTES 1. Conditions or Limitations: conditions or limitations may apply to the delegations

contained in this Instrument. Refer to the Schedule of Conditions at the back of this document.

2. Refer to the relevant Council resolution(s) to identify when these delegations

were made, reviewed and or amended.

POWERS AND FUNCTIONS DELEGATED IN THIS INSTRUMENT

1. AUTHORISED OFFICERS

1.1 The power pursuant to Section 7(1) of the Public and Environmental Health Act 1987 (“the Act”) to appoint authorised officers being persons holding qualifications approved by the Commission or who held, immediately before the commencement of this Act, an appointment as an officer or health surveyor under the Health Act 1935;

1.2 The power pursuant to Section 7(3) of the Act with the consent of the Minister, to appoint a person as an authorised officer even though he or she does not comply with Section 7(2) of the Act.

1.3 The power pursuant to Section 7(4) of the Act to consent to the appointment of an officer or employee of the Council as an authorised officer by the South Australian Health Commission (“the Commission”):

1.4 The duty pursuant to Section 7(5) of the Act to furnish every authorised officer with a certificate of authority.

2. POWERS AND DUTIES OF RELEVANT AUTHORITIES

2.1 The duty pursuant to Section 12A(2) of the Act:

2.1.1 to promote proper standards of public and environmental health in its area; and

2.1.2 to take adequate measures to ensure that the provisions of Part 3 are observed in its area; and

2.1.3 to take reasonable steps—


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2.1.3.1 to prevent the occurrence and spread of notifiable diseases within its area; and

2.1.3.2 to prevent any infestation or spread of vermin, rodents or other pests within its area.

2.2 The power pursuant to Section 12A(3) of the Act to consult with the Public and Environmental Health Council (“the PEH Council”) where in the opinion of the PEH Council the Council has failed to discharge its duty under Section 12 of the Act.

2.3 The power pursuant to Section 12A(6)(a)(ii) to make written submissions in relation to a matter in respect of which the PEH Council proposes to take action under Section 12(5) of the Act.

2.4 The power pursuant to Section 12A(6)(b) to request in written submissions to the PEH Council that the PEH Council discuss a matter in which the PEH Council proposes to take action under Section 12(5) of the Act with a delegation of the Council.

2.5 The power pursuant to Section 12A(7) of the Act to receive from the PEH Council written reasons for its decision after the PEH Council publishes a notice under Section 12(5) of the Act.

3. PREVENTION OF INSANITARY CONDITIONS ON PREMISES

3.1 The power pursuant to Section 15(1) of the Act, by notice in writing, to require the owner of any premises which are in an insanitary condition or any other person who is apparently responsible for causing the insanitary condition or allowing the insanitary condition to occur -

3.1.1 to take specified action to improve the condition of the premises; or

3.1.2 to desist from a specified activity to which the condition of the premises is apparently attributable.

3.2 The power pursuant to Section 15(2) of the Act where any residential premises are, by reason of their insanitary condition, unfit for human habitation, to include in any notice served under Section 15(1) of the Act a direction that, after a date specified in the notice, the premises must not be occupied until:

3.2.1 specified action to render the premises fit for human habitation has been taken; and

3.2.2 the premises are fit for human habitation to the satisfaction of the Delegate.

3.3 The duty pursuant to Section 15(4) of the Act, where any notice served under Section 15(1) includes a direction under Section 15(2) of the Act, to affix a copy of the notice to a conspicuous part of the premises to which it relates.

3.4 The power, pursuant to Section 15(6) of the Act, by further notice in writing, to vary or revoke a notice given under Section 15 of the Act.


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4. Control of Offensive Activities

4.1 The power pursuant to Section 17(1) of the Act to, by notice in writing, where an activity gives rise to a risk to health, or results in the emission of offensive material or odours, to require the person responsible for the activity to desist from the activity or to observe requirements stipulated in the notice in relation to the carrying on of the activity.

5. Discharge of Waste in a Public Place

5.2 The power pursuant to Section 18(3) of the Act to serve written notice upon the owner of premises requiring specified action to be taken immediately or within a specified period to prevent the discharge or a potential discharge of waste from those premises into a public place or other premises, or to remove waste discharged by the owner into a public place or other premises.

5.3 The power, pursuant to Section 18(5) of the Act by further notice in writing, to vary or revoke a notice given under Section 18 of the Act.

6. Private Thoroughfare

6.1 The power pursuant to Section 19(2) of the Act, by notice in writing, where the owner of a private thoroughfare fails to keep it clean and free from refuse, to require the owner to take specified action to remedy the default within such time as the Delegate allows in the notice.

6.2 The power, pursuant to Section 19(4) of the Act, by further notice in writing to the owner of a private thoroughfare to vary or revoke a notice given under Section 19 of the Act.

7. Provision of adequate sanitation

7.1 The power pursuant to Section 20(1) of the Act to, where the Delegate is of the opinion that premises have inadequate facilities for sanitation or personal hygiene, by notice in writing require the owner of the premises to take such action as the Delegate thinks necessary and specifies in the notice, to provide adequate facilities within such time and in such manner as is specified in the notice

7.2 The power pursuant to Section 20(3) of the Act, to by further notice in writing vary or revoke a notice given under Section 20 of the Act.

8. Pollution of Water

8.1 The power pursuant to Section 21(2) of the Act, if the Delegate is of the opinion that a water supply may become polluted in consequence of a particular activity, by notice in writing to the person responsible for the activity, require that person -

8.1.1 to take specified action to prevent pollution of the water supply within such time as the Delegate specifies in the notice; or

8.1.2 to desist from the activity.

8.2 The power pursuant to Section 21(4) of the Act, to by further notice in writing vary or revoke a notice given under Section 21 of the Act.


8

9. Sources of Water Supply may be Closed

9.1 The power pursuant to Section 22(1) of the Act, if the Delegate is of the opinion that a water supply is polluted and that action is necessary to prevent human consumption of the water, by notice published in the Gazette restrict or prohibit the taking of water from that water supply, or the use of water taken from that water supply, for human consumption.

9.2 The power pursuant to Section 22(3) of the Act, to by further notice in the Gazette, vary or revoke a notice given under Section 22 of the Act.

10. Action on Default

10.1 The power:

10.1.1 pursuant to Section 23(1) of the Act, where the requirements of a notice under Part 3 of the Act are not complied with, to cause the requirements to be carried out;

10.1.2 pursuant to Section 23(2) of the Act, to authorise a person to enter premises at any reasonable time for the purposes of carrying out the requirements of a notice, provided that such person is not authorised to break into the premises unless authorised to do so by warrant of a justice.

10.1.3 pursuant to Section 23(4) of the Act to recover the costs and expenses reasonably incurred in exercising the powers under Section 23(1) of the Act from the person who failed to comply with the notice as a debt.

11. Deliberately left blank

12. Councils may appoint Officers of Health

12.1 The power pursuant to Section 39 of the Act to appoint a person to act as the officer of health for the Council’s area.

13. Power to require information

13.1 The power pursuant to Section 41(1) of the Act to require a person to furnish such information relating to public or environmental health as is reasonably required for the purposes of the Act.

14. Confidentiality

The duty pursuant to Section 42 where in the course of official duties the Delegate obtains

14.1 medical information relating to another; or

14.2 information the disclosure of which would involve the disclosure of information relating to the personal affairs of another, to not intentionally disclose that information unless

14.2.1 the disclosure is made in the course of official duties; or

14.2.2 the disclosure is made with the consent of the other person; or

14.2.3 the disclosure is required by a court or tribunal constituted by law.


9

15. Manner of Giving Notice

15.1 The power pursuant to Section 43 of the Act to give or serve a notice required or authorised by the Act –

(a) personally; or

(b) by post; or

(c) if the notice relates to premises and is to be served on an owner of those premises – by affixing the notice to a conspicuous part of the premises.

16. REPORTING

16.1 The duty pursuant to Section 44(1) of the Act, on or before the thirtieth day of September in each year to submit to the PEH Council a report on the work of the Council under the Act during the financial year ending on the thirtieth day of June in that year, and the report must include, in respect of that financial year –

(a) a report on the standard of public and environmental health in the Council’s area;

(b) details of the measures that the Council has taken under Part 3 of the Act.

DELEGATIONS UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH (WASTE CONTROL) REGULATIONS 2010

17. The power pursuant to Regulation 7 of the Public and Environmental Health (Waste Control) Regulations 2010 (“the Regulations”) to approve the installation or alteration of a waste control system.

18. The power pursuant to Regulation 8 of the regulations to approve of the disposal or reuse of waste from a waste control system.

19. Deliberately left blank.

20. The power pursuant to Regulation 11 of the Regulations to approve the use of a waste control system.

21. The power pursuant to Regulation 12(3) of the Regulations to require an applicant for approval under the Regulations to provide information or documents relevant to the application.

22. The power pursuant to Regulation 12(4) of the Regulations to require an applicant for approval to provide a certificate or certificates from an independent technical expert that the waste control system, or a component, part or product for a waste control system complies with a prescribed code, is capable of performing its proposed functions, is reliable and durable and will not cause a nuisance or an adverse public or environmental health condition.

23. The duty pursuant to Regulation 13 of the Regulations, where the disposal or reuse of waste from a waste control system involves an activity for which a permit is required under Section 127 of the Natural Resources Management Act not to grant approval for the disposal or re-use of the waste unless:


10

23.1 The permit required under Section 127 of the Natural Resources Management Act has been granted and is in force; or

23.2 The approval does not operate until such a permit has been granted.

24. The power pursuant to Regulation 14(1) of the Regulations to:

24.1 Determine that an applicant seeking approval under Part 2 of the Regulations does not have to comply with any prescribed code that applies to the circumstances of the particular case; and

24.2 impose any other conditions.

25. The power pursuant to Regulation 14(4) of the Regulations to, by notice in writing to a person bound by a condition, vary a condition imposed under Regulation 13 where the delegate considers it appropriate to do so.

26. The power pursuant to Regulation 14(5) of the Regulations to vary or refuse to vary a condition upon receipt of a written application from a person bound by the condition.

27. The power pursuant to Regulation 15 of the Regulations in giving approval under part 2 of the Regulations, to specify a period for which the approval will remain operative and to extend that period.

28. The duty pursuant to Regulation 16 of the Regulations, where an application for approval is refused, to give written notice to the applicant of the reasons for refusal.

29. The power pursuant to Regulation 18 of the Regulations, as part of an approval under these regulations relating to the installation of a waste control system, to require a person to notify the council of the completion of specified work.

30. Pursuant to Regulation 19(1) of the Regulations by notice in writing, to require the owner or occupier of premises where a waste control system is located to take specified action either immediately or within a period specified in the notice -

30.1 to alter, repair or replace a fixture, fitting, appliance, plant, drain, or other item associated with the waste control system;

30.2 to remove sludge or other material from a waste control system;

30.3 to service, maintain or cleanse a waste control system (or a fixture, fitting, appliance, plant, drain or other item associated with a waste control system);

30.4 if a waste control system is defective, inadequate or inappropriate - to replace the waste control system, or a fixture, fitting, appliance, plant, drain or other item associated with the waste control system.

31. The power pursuant to Regulations 19(2) and (3) of the Regulations, where the requirements of a notice under Regulation 19 are not complied with, to cause the requirements to be carried out and to recover the costs and expenses reasonably incurred from the person who failed to comply with the notice.

32. The duty pursuant to Regulation 21(1) of the Regulations to retain a copy of the following documents in relation to an approval under the Regulations:

32.1 the application;


11

32.2 all technical, scientific or engineering information, calculations, particulars, plans, drawings, specifications or other information relating to the relevant waste control system;

32.3 all certificates, opinions or other documents submitted to the Council in connection with the application;

32.4 the approval given to the applicant, including any condition imposed by the Council;

32.5 all reports and other information obtained by, or submitted to, the Council in the enforcement or administration of the Public and Environmental Health Act 1987;

32.6 a notice under the Regulations in respect of the relevant waste control system.

32a. The duty pursuant to Regulation 21(2) of the Regulations, where the delegate becomes aware of:

32A.1 an unauthorised discharge from a waste control system;

32A.2 a malfunction of a waste control system;

32A.3 a breakdown or defect in an aspect of a waste control system,

to prepare and retain a report on the matter.

32b. The duty pursuant to Regulation 21(3) of the Regulations to:

32B.1 preserve a document referred to in subparagraphs 32.1, 32.5 or 32.6 for at least six years; and

32B.2 preserve a document referred to in subparagraphs 32.2, 32.3 or 32.4 for at least three years after the relevant waste control system is retired from service or removed.

33. The power pursuant to Regulation 22(2) of the Regulations to refund, reduce or remit a fee specified in Schedule 2.

33a. The power pursuant to Regulation 23(1) of the Regulations to approve the use of a waste control system in a manner that contravenes, or fails to comply with, a prescribed code.

34. The power pursuant to Regulation 24(1) of the Regulations by notice in writing, to require the owner or occupier of premises where a waste control system is located -

34.1 to take specified action, either immediately or within a period specified in the notice, to connect the system to a STED scheme or sewer;

34.2 to disconnect, or to cease to use, a system.

34a. The power pursuant to Regulation 24(2) of the Regulations to determine that a person subject to a requirement under Regulation 24(1)(a) of the Regulations is not required to:

34A.1 make due application for any alteration to the waste control system that is necessary to make the relevant connection; and


12

34A.2 pay the prescribed fee.

35. The power pursuant to Regulation 24(3) and (4) of the Regulations, where the requirements of a notice under Regulation 24 are not complied with, to cause the requirements to be carried out and to recover the costs and expenses reasonably incurred from a person who failed to comply with the notice.

DELEGATIONS UNDER THE PUBLIC AND ENVIRONMENTAL HEALTH (LEGIONELLA) REGULATIONS 2008

36. The duty pursuant to Regulation 5(3) of the Public and Environmental Health (Legionella) Regulations 2008 (“the Regulations”), to:

36.1 determine the manner and form in which applications under Regulation 5(3) of the Regulations must be made; and

36.2 upon an application being made in the manner and form determined by the delegate and payment of the registration fee specified in Schedule 1 to the Regulations, register the high risk manufactured water system to which the application relates.

37. The duty pursuant to Regulation 5(6) of the Regulations to:

37.1 determine the manner and form in which applications under Regulation 5(6) of the Regulations must be made; and

37.2 upon an application being made in the manner and form determined by the delegate and payment of the renewal fee specified in Schedule 1 to the Regulations, renew the registration of the high risk manufactured water system to which the application relates.

38. The duty pursuant to Regulation 6(1) of the Regulations to establish and maintain a register of high risk manufactured water systems installed on premises situated within the area of the council.

39. The power pursuant to Regulation 6(2) of the Regulations to determine the manner and form in which the register will be kept.

40. The duty pursuant to Regulation 6(3) of the Regulations to include in the register, in relation to each high risk manufactured water system on the register:

40.1 the type of water system; and

40.2 the address of the premises on which the water system is installed; and

40.3 the location of the water system on the premises; and

40.4 the full name and residential and business addresses of the owner of the premises; and

40.5 the full name, residential and business addresses, and residential and business telephone numbers, of the person nominated by the owner of the premises as being responsible for the operation and maintenance of the water system; and

40.6 such other information as the delegate thinks fit.


13

41. The duty pursuant to Regulation 15(1) of the Regulations, and subject to Regulation 15(2) of the Regulations, to, at least once in every twelve months:

41.1 cause an inspection of each high risk manufactured water system registered with the council to be carried out; and

41.2 arrange for a nata accredited laboratory to conduct microbiological testing, in accordance with as/nzs 3896:

41.2.1 of at least one sample of water taken from each cooling water system; and

41.2.2 of at least two samples of water taken from each warm water system,

to determine the presence and number of colony forming units of legionella in the water.

42. The power pursuant to Regulation 15(2) of the Regulations not to comply with Regulation 15(1) of the Regulations where the delegate gives the written notice in accordance with Regulation 15(2) of the Regulations.

43. The power pursuant to Regulation 15(2) of the Regulations to, at least once in every twelve months, give the owner of each of the premises on which a high risk manufactured water system registered with the council is installed written notice:

43.1 requiring the owner, within the period specified in the notice:

43.1.1 to cause an inspection of the water system to be carried out by a competent person (not being the owner or person responsible for the operation and maintenance of the system); and

43.1.2 to arrange for a nata accredited laboratory to conduct microbiological testing, in accordance with as/nzs 3896:

43.1.2.1 of at least one sample of water taken from a cooling water system; and

43.1.2.2 of at least two samples of water taken from a warm water system,

to determine the presence and number of colony forming units of legionella in the water; and

43.2 requiring the owner to submit to the delegate written reports setting out the findings of the inspection and the results of the microbiological testing within one month of receiving the reports.

44. The power pursuant to Regulation 16(1) of the Regulations, if:

44.1 the delegate is investigating the occurrence of legionellosis in the near vicinity of premises on which a high risk manufactured water system is installed; or


14

44.2 the delegate has reason to believe that a high risk manufactured water system installed on premises situated within the council’s area is not being maintained as required by the regulations,

to give the owner of the premises written notice:

44.3 requiring the owner (either immediately or within a period specified in the notice) to arrange for a nata accredited laboratory to conduct microbiological testing, in accordance with as/nzs 3896, of water taken from the system, to determine the presence and number of colony forming units of legionella in the water; and

44.4 requiring the owner to submit to the delegate a written report setting out the results of the microbiological testing within 24 hours of receiving the report.

45. The power pursuant to Regulation 18(1) of the Regulations to, as may reasonably be required in connection with the administration or enforcement of the Regulations, give the owner of premises in which a high risk manufactured water system is installed written notice requiring the owner to provide specified information to the delegate within the period specified in the notice.

46. The duty pursuant to Regulation 19(1)(a) of the Regulations, if the Council receives a report of the results of microbiological testing of water taken from a cooling water system indicating the presence of 1,000 or more colony forming units of legionella per millilitre of water, to notify the department responsible for the administration of the act of the results of the test within 24 hours of receiving the report.

47. The power pursuant to Regulation 19(1)(b) of the Regulations, if the Council receives a report of the results of microbiological testing of water taken from a cooling water system indicating the presence of 1,000 or more colony forming units of legionella per millilitre of water, to give the owner of the premises on which the system is installed written notice requiring the owner to immediately decontaminate the system in accordance with:

47.1 a prescribed decontamination procedure; or

47.2 a decontamination procedure approved by the minister.

48. The duty pursuant to Regulation 19(2)(a) of the Regulations, if the Council receives a report of the results of microbiological testing of water taken from a warm water system indicating the presence of 10 or more colony forming units of legionella per millilitre of water, to notify the department responsible for the administration of the act of the results of the test within 24 hours of receiving the report.

49. The power pursuant to Regulation 19(2)(b) of the Regulations, if the Council receives a report of the results of microbiological testing of water taken from a warm water system indicating the presence of 10 or more colony forming units of legionella per millilitre of water, to give the owner of the premises on which the system is installed written notice requiring the owner to immediately decontaminate the system in accordance with:

49.1 a prescribed decontamination procedure; or

49.2 a decontamination procedure approved by the minister.


15

50. The power pursuant to Regulation 20(1) of the Regulations to, if the delegate is satisfied that a high risk manufactured water system installed on premises situated within the Council’s area is not being maintained as required by the Regulations, give the owner of the premises written notice:

50.1 requiring the owner to shut down the system immediately; or

50.2 requiring the owner to take specified action (immediately or within a period specified in the notice) to do any one or more of the following:

50.2.1 alter, repair, rectify or replace the system or components of the system;

50.2.2 service, maintain or clean the system or components of the system;

50.2.3 decontaminate the system in accordance with:

50.2.3.1 a prescribed decontamination procedure; or

50.2.3.2 a decontamination procedure approved by the minister.

51. The power pursuant to Regulation 20(3) of the Regulations to, if the requirements of a notice given under Regulation 20 are not complied with, cause the requirements to be carried out.

52. The power pursuant to Regulation 20(4) of the Regulations to take action in a court of competent jurisdiction to recover costs and expenses reasonably incurred in exercising the power under regulation 20(3) of the Regulations from the person who failed to comply with the notice, as a debt due to the council.

53. The power pursuant to Regulation 24(3) of the Regulations to, if a person is liable to pay a fee to the Council, give the person written notice requiring the person to pay the fee within the period specified in the notice.

54. The power pursuant to Regulation 24(4) of the Regulations to refund, reduce or remit a fee payable to the Council under the Regulations if the delegate is satisfied that it is appropriate to do so in a particular case.

55. The power pursuant to Regulation 24(5) of the Regulations to take action in a court of competent jurisdiction to recover a fee payable to the Council under the Regulations as a debt due to the Council.


16

SCHEDULE OF CONDITIONS

CONDITIONS OR LIMITATIONS APPLICABLE TO DELEGATIONS

CONTAINED IN THIS INSTRUMENT

Paragraph(s) in instrument to which conditions/limitations

apply

Conditions / Limitations

Nil


ATTACHMENT B

APPENDIX 25

INSTRUMENT OF DELEGATION UNDER THE

SOUTH AUSTRALIAN PUBLIC HEALTH ACT 2011

NOTES 1. Conditions or Limitations: conditions or limitations may apply to the delegations

contained in this Instrument. Refer to the Schedule of Conditions at the back of this document.

2. Refer to the relevant Council resolution(s) to identify when these delegations

were made, reviewed and or amended.

POWERS AND FUNCTIONS DELEGATED IN THIS INSTRUMENT

1. Power to Require Reports

1.1 The power pursuant to Section 18(2) of the South Australian Public Health Act 2011 (the Act) to, if required by the Minister, provide a report on any matter relevant to the administration or operation of the Act.

1.2 The power pursuant to Section 18(3) of the Act to, if required by the Minister, in a case involving the Council provide a combined report with 1 or more other councils.

1.3 The power pursuant to Section 18(5) of the Act to provide the report in accordance with the requirements of the Minister.

2. Risk of Avoidable Mortality or Morbidity

2.1 The power pursuant to Section 22(2) of the Act, if the Council receives a request under Section 22(1) of the Act, to consider the request and then respond in accordance with Section 22(3) of the Act to the Chief Public Health Officer within a reasonable time.

2.2 The power pursuant to Section 22(3) of the Act to include in a response under Section 22(2) of the Act details about:

2.2.1 any steps already being taken by the Council that may be relevant in the circumstances; and

2.2.2 any plans that the Council may have that may be relevant in the circumstances; and

2.2.3 any steps that the Council is willing to take in the circumstances; and

2.2.4 any other matter relating to the Council that appears to be relevant.

3. Deliberately left blank

4. Cooperation Between Councils


18 4.1 The power pursuant to Section 39(1) of the Act to, in performing the

Council’s functions or exercising the Council’s powers under the Act, act in conjunction or partnership with, or cooperate or coordinate the Council’s activities with, 1 or more other councils

4.2 The power pursuant to Section 39(2) of the Act to, if requested by the Chief Public Health Officer, cooperate with 1 or more other councils.

4.3 The power pursuant to Section 39(3) of the Act to, if the Council receives a request under Section 39(2) of the Act, within 28 days after receiving the request or such longer period as the Chief Public Health Officer may specify, furnish the Chief Public Health Officer with a written report on the action that the Council intends to take in response to the request.

5. POWER OF CHIEF PUBLIC HEALTH OFFICER TO ACT

5.1 The power pursuant to Section 40(2) of the Act to consult with the Chief Public Health Officer.

6. COUNCIL FAILING TO PERFORM A FUNCTION UNDER ACT

6.1 The power pursuant to Section 41(1) of the Act to consult with the Minister in relation to the Minister’s opinion that the Council has failed, in whole or in part, to perform a function conferred on the Council under the Act.

6.2 The power pursuant to Section 41(6) of the Act to:

6.2.1 make written submissions to the Minister in relation to the matter within a period specified by the Minister; and

6.2.2 request in the written submissions to the Minister that the Minister discuss the matter with a delegation representing the Council; and

6.2.3 appoint a delegation representing the Council to discuss the matter with the Minister.

7. TRANSFER OF FUNCTION OF COUNCIL AT REQUEST OF COUNCIL

7.1 The power pursuant to Section 42(1) of the Act to request, in accordance with Section 42(2), of the Act that a function of the Council under the Act be performed by the Chief Public Health Officer.

7.2 The power pursuant to Section 42(10) of the Act to enter into an agreement with the Minister for the Minister to recover costs and expenses associated with the Chief Public Health Officer acting under Section 42 of the Act.

7.3 The power pursuant to Section 42(11) of the Act to:

7.3.1 request that the Minister vary or revoke a notice under Section 42 of the Act;

7.3.2 consult with the Minister in relation to the Minister varying or revoking a notice under Section 42(4) of the Act.

8. Provision not yet commenced



19 10. Specific Power to Require Information

10.1 The power pursuant to Section 49(1) of the Act to require a person to furnish such information relating to public health as may be reasonably required for the purposes of the Act.



13. Action to Prevent Spread of Infection

13.1 The power pursuant to Section 66(6) of the Act to recover as a debt costs and expenses reasonably incurred in exercising powers under Section 66(5) of the Act from the person who failed to take the required action.

13.2 The power pursuant to Section 66(9) of the Act to, if the Chief Public Health Officer informs the Council of the occurrence of a disease constituting a notifiable condition, take such action as is reasonably open to the Delegate to assist in preventing the spread of the disease.




17. Reviews – Notices Relating to General Duty

17.1 The power pursuant to Section 95(13) of the Act to appear in proceedings before the Review Panel as a representative of the Council.

17.2 The power pursuant to Section 95(15) of the Act to make an application to the Review Panel to:

17.2.1 dismiss or determine any proceedings that appear:

17.2.1.1 to be frivolous or vexatious; or

17.2.1.2 to have been instituted for the purpose of delay or obstruction, or for some other improper purpose;

17.2.2 bring any proceedings to an end that appear:

17.2.2.1 to be more appropriate suited to proceedings before the District Court rather than the Review Panel; or

17.2.2.2 to be unable to be satisfactorily resolved (or resolved within a reasonable period) by proceedings before the Review Panel; or

17.2.3 bring any proceedings to an end for any other reasonable cause.



20 SCHEDULE OF CONDITIONS

CONDITIONS OR LIMITATIONS APPLICABLE TO DELEGATIONS

CONTAINED IN THIS INSTRUMENT

Paragraph(s) in instrument to which conditions/limitations apply

Conditions / Limitations

Nil Nil

REPORT FOR: Operations Committee MEETING DATE: 10 December 2012 REPORT FROM: Director – City & Cultural Services REPORT TITLE: Revised – Cemetery Management Policy 2.15.01 FILE NAME: F10/2084 RECORD NO: AR12/26954 STRATEGIC PLAN SUB GOAL/S 4.1 Sustainable & effective maintenance, management & enhancement of the city’s

existing infrastructure assets. PURPOSE The purpose of this policy is to provide Elected Members with an opportunity to consider and adopt a revised Cemetery Management Policy 2.15.01 2. RECOMMENDATION Strategic Management Committee recommends Council: 1. Receives and notes the report (AR12/26954) dated 22 November 2012,

submitted by the Director – City & Cultural Services concerning “Revised – Cemetery Management Policy 2.15.01”.

2. Adopts the Cemetery Management Policy 2.15.01, as amended. 3. BACKGROUND The Cemetery Management Policy was last updated in August 2012. 4. DISCUSSION 4.1 The Director – Infrastructure and Environment has sought approval to

insert one additional clause within the Cemetery Management Policy dealing with the approved time period for interments/burials to be undertaken. For easy identification the clause is highlighted using white text with a black background.

4.2 The reason for this is to ensure that Funeral Companies are aware of the

period of time that all interments/burials should be undertaken, to ensure during a very emotional period of time for family and friends, that every effort has been undertaken to complete interments/burials in a professional and respectful manner.

4.3 Due to a couple of instances when funeral companies have attended prior

to and later than the required timeframes, which has impacted on staff resources and family bereavement periods, it is considered appropriate to include this provisions in the Policy.

2 4.4 It is recommended that the Cemetery Management Policy 2.15.01 be

updated with the inclusion of Clause 5.2 h). 4.5 Due to the chemical nature and OHSW issues, it should be noted that the

supply by Council of Diamond Shield Protective Polish will no longer occur and this product this be deleted from Council’s list of ‘extras’ on the Cemetery Fees Schedule.

5. CONFIDENTIALITY PROVISIONS Not applicable. 6. RISK MANAGEMENT 6.1: Financial/Budget Not applicable. 6.2: Legal Council must adhere to the provisions of the Local Government (Cemetery)

Regulations. 6.3: Environment Not applicable. 6.4: Community

6.4.1 General The community can access Council Policies via the Council Website

www.portaugusta.sa.gov.au or alternatively can view and/or purchase a hard copy at the Civic Centre, 4 Mackay Street, Port Augusta.

6.4.2 OPAL Program

Not applicable.


Cemetery Management (Operational Units Manual – Policy 2.15.01) Page 3 of 6

3

2. OPERATIONAL UNITS POLICY/PROCEDURES

2.15 INFRASTRUCTURE & ENVIRONMENT - GENERAL

Public

Document? Council or Administration

POLICY NUMBER

2.15.01

Yes Council

PAGES

6

SUBJECT

CEMETERY MANAGEMENT

COUNCIL MEETING

380 of 93/94

ISSUE DATE

26/9/1994 REVIEW DATE

29/3/2005 MICA0271 – 27/8/07 MICA0306 – 6/5/10

AR10/3991 - 23/8/10 AR11/5810 – 28/03/11 AR11/27505 – 19/12/11 AR12/16238 – 23/7/12 AR12/19375 – 27/08/12

DELETED DATE

EXTERNAL LEGISLATION

INTERNAL REFERENCES

Local Government (Cemetery) Regulations 1995 Local Government (Exhumation of Human

Remains) Regulations 2005

Cemetery Information 1. Niche Wall Stirling North 2. Stirling North Garden Cemetery plaque order 3. Applications for Memorial work at Carlton Pde

& Port Augusta West Cemeteries 4. Register of Burial 5. Cemetery History – AR11/3039 6. Fees – AR11/3038 7. Stirling North Garden Cemetery – Grave Order 8. Port Augusta and Port Augusta West

Cemeteries – Grave Order 9. Transfer of Grant Holder/Auth. Rep.

Declaration – AR11/3042 10. Transfer of Auth. Rep for Stirling North

Cemetery Plaque Order – AR11/3041

RELATED POLICIES

RESPONSIBLE OFFICER

Fees & Charges Policy AR12/12908

Director – Infrastructure & Environment

SECTION A 1.0 POLICY STATEMENT

1.1 Clear guidelines as to the management of cemeteries under the care, control and management of the Port Augusta City Council will be provided to maintain a high standard of integrity for each location, taking into account the wishes of the different cultural and religious groups within the community.

2.0 PURPOSE

2.1 To ensure the management of cemeteries under the care, control and management of Council is of a high standard.

3.0 RESPONSIBILITY & REVIEW

3.1 Director – Infrastructure & Environment 3.2 To be reviewed within 12 months of a General Election, in line with any legislative

changes or by resolution of Council.


4 SECTION B 4.0 Organisational Structure – Cemeteries

CEMETERIES FLOWCHART

DIRECTOR – INFRASTRUCTURE & ENVIRONMENT

Technical Officer/Cemeteries Admin Parks & Gardens Supervisor Cemetery Grounds Person Port Augusta (Carlton Pde) Cemetery Stirling North Garden Cemetery West Side Cemetery


5 SECTION C 5.0 PROCEDURE 5.1 Cemetery and Funeral Provisions a) All cemeteries in the Council area provide for rights for burial purposes for

a term not longer than 99 years in accordance with Section 592 of the Local Government Act 1934.

b) Council does not offer a pre-paid or pre-need. 5.2 Interments/Burials a) At least two (2) days notice of all burials must be given to Council prior to

burial taking place and burial may only occur after Council is provided with: i) Register of Burial Form; and ii) Death Certificate. b) At least two (2) days notice of interment of cremated remains must be

given to Council prior to interment taking place and cremated remains can only be interred once Council has been provided with:

i) Register of Burial Form; and ii) Death Certificate; and iii) Cremation Certificate. c) Cremated Remains Burial – Stirling North (Niche Wall) i) Plaque must be ordered and received before ashes can be interred

in the Niche Wall. ii) Ashes must be transferred to ‘a special canister’ either by the

family or the Funeral Director. Council staff do not handle cremated remains. d) Cremated Remains Burial – Stirling North (Lawned Section) Interment may only occur after Council is provided with: i) Register of Burial Form; ii) Death Certificate; and iii) Cremation Certificate. e) With the exception of gravesites at Carlton Parade Cemetery and

Infant/Baby gravesites, all gravesites will be at a depth of 2.15m, unless a greater depth is requested by a Funeral Director.


6 f) Infant/Baby gravesites will be 1350mm deep, 600mm wide and: i) 1800mm in length (when allowing for 4 steps) for families who wish

to place the coffin in the grave; or ii) 1500mm in length if the Funeral Director lowers the casket using

their equipment. g) Perinatal Gestation has ‘no legal presentation’ and therefore no

documentation is provided (i.e. birth or death certificates) from any Government Agency. Funeral Director must state on the ‘Register of Burial’ Form – ‘perinatal gestation and has no legal presentation’ to enable the burial to proceed. Council will enter this statement into the burials database as a record of this burial.

h) Interments/burials must not commence more than 30 minutes prior to nor

30 minutes after the stipulated time on the Cemetery/Grave Order form. Extenuating circumstances immediately prior to the scheduled timing must be advised to either the Cemeteries Administrative Officer or the Technical Officer on (08) 8641 9100.

5.3 Re-opening of gravesites a) The re-opening of gravesites, to receive additional human remains provided

the burial meets appropriate regulations, will be permitted except at: i) Carlton Parade Cemetery; ii) Stirling North Niche Wall; and iii) Baby-Infant Plots. The reason for not permitting graves to be re-opened in relation to the

above is as follows: i) Carlton Parade Cemetery – due to soil condition and risk of soil

collapse ii) Stirling North Garden Cemetery Niche Wall – due to risk of damage

to wall and components iii) Baby Plots – original interment is already at minimum depth

allowed by regulation. 5.4 Authorised Representation All dealings in relation to the interment and/or removal of remains will be

conducted with the Authorised Representative of the deceased. The Authorised Representative will be the person who satisfies Council that they are:

a) the sole executor or administrator in whose name the RIGHT OF BURIAL is

issued; b) a joint executor or administrator (with permission from all others); c) the eldest living and legally capable child of the deceased; d) the eldest living and legally capable grandchild of the deceased; e) the eldest living and legally capable sibling of the deceased;


7 f) the eldest living and legally capable blood relative of the deceased; g) other blood relative of the deceased as presented to Council. 5.5 Removal of Cremated Remains a) Only an Authorised Representative will be entitled to make application to

Council for the removal of cremated remains. b) An Authorised Representative wishing to remove cremated remains must

complete and submit to Council for approval an ‘Application to Remove Cremated Remains’ form so as to make the necessary arrangements.

c) These provisions must be read in conjunction with Clause 5.3. 5.6 Headstone/Tombstone Provision and Ongoing Maintenance a) The provision and ongoing maintenance of tombstones at the Westside and

Carlton Parade Cemeteries and Heritage areas of Stirling North are the responsibility of the family of the deceased.

b) The provision and ongoing maintenance of headstones at the Stirling North

Garden Cemetery are the responsibility of Council. However, the provision (being part of the cemetery fee structure) and ongoing maintenance of plaques is the responsibility of the family.

5.7 Plaques a) The cost of plaques is calculated and included as part of Council’s cemetery

fee structure. Council is therefore responsible for ordering plaques with design and layout of plaques to be determined in negotiation with the family of the deceased.

b) Plaques will not be ordered until the cemetery fees have been paid in full. c) Plaque order forms are to be completed and signed by an Authorised

Representative within 12 months of interment. If plaque order forms are not completed within this timeframe by an Authorised Representative and Council has taken reasonable steps to locate an Authorised Representative, the following process will be undertaken:

i) another family member will be permitted, on application to

Council, and Council being satisfied of their relationship to the deceased, to complete the plaque order form; or

ii) Council will arrange for a plaque order to be completed in line with

the Stirling North formatted plan in which case any future changes to this plaque will be at the cost of the person requesting those changes.

Refer Transfer of Authorised Representative for Stirling North Cemetery

Plaque Orders – AR11/3041. 5.8 Tributes Port Augusta City Council acknowledges the importance of tributes at grave sites,

however safety standards must be maintained in regard to ‘tributes’ to ensure that the environment remains in a safe and presentable condition for staff and visitors. The following provisions provide guidelines in relation to Tributes:

a) Breakable items and landscaping are not permitted at gravesites. Items

must not be ‘fixed’ to headstones, concrete borders, grass or paths.


8 b) Glass and materials considered to be potentially hazardous will be removed

from grave sites. c) Vases will be permitted however advice must be obtained from Council as

to the appropriate types for this purpose. d) Dead flowers and faded plastic flowers will be removed. e) Ceramic items placed on top of headstones will be removed and placed

alongside the headstone. 5.9 Memorial Furniture Requests Families wanting to install memorial seating etc within Council’s Cemeteries must

apply in writing for approval from the Director – Infrastructure & Environment. All applications will be assessed on a case by case basis and must comply with Council’s standards as determined from time to time.

5.10 Cemetery Fees Council determines its cemetery fees on an annual basis as part of its budget

deliberation process and those fees are available within Council’s Fees and Charges Register. A copy of the Fees and Charges Register can be obtained from Council’s website www.portaugusta.sa.gov.au under ‘Council Documents’ – ‘Registers’ or can be inspected at Council’s principal office at 4 Mackay Street, Port Augusta. Extracts from the Fees and Charges Register can be obtained upon payment of the relevant fee.

5.11 Consumption of Alcohol The City of Port Augusta is subject to Total City Dry Area regulations and therefore

the consumption of alcohol within a public place is illegal. It is therefore important that the public are aware, that the consumption of alcohol within any cemetery in Port Augusta could result in an expiation notice being issued.

6.0 STAFF RESPONSIBILITIES

6.1 When cemetery fees are being paid staff must ensure that the person paying the

fees is the person listed on the Register of Burial Form and is the person who has the authority to order the plaque.

7.0 AUDITS

7.1 Site Inspections a) Monthly inspection of Stirling North Garden Cemetery will be undertaken to

ensure compliance with contract provisions. b) Six monthly inspection of Carlton Parade and Westside Cemeteries will be

undertaken to review infrastructure and OHS&W issues.

SECTION D 8.0 FORMS AND ATTACHMENTS 8.1 Cemetery Fees – AR11/3038

8.2 Cemetery History – AR11/3039 8.3 Transfer of Authorised Representative for Stirling North Cemetery Plaque Orders –

AR11/3041 8.4 Transfer of Grant Holder/Authorised Representative Declaration – AR11/3042

Cemetery Management (Operational Units Manual) Attachment AR11/3038

CEMETERY FEES

PORT AUGUSTA CEMETERY CARLTON PDE (DOES NOT INCLUDE PLAQUE)

GRAVES

Increased Price as of 1/8/10 (not including

GST)

Increased Price (including GST) as of

1/8/10

Hand Dug Grave $651.00 $716.00

Backhoe Dug Grave $543.00 $597.00

Re-opened Grave No re-open graves No re-open graves

Re-opened Grave with concrete top No re-open graves No re-open graves

Plaque ($432)-( Headstone & Associated cost ($459)

$810.00 $891.00

Infant/Baby – 4’6” grave $543.00 $597.00 PORT AUGUSTA WEST CEMETERY (DOES NOT INCLUDE PLAQUE)

GRAVES


GST)

Increase Price (including GST) as of

1/8/10

Hand Dug Grave $928.00 $1,021.00

Backhoe Dug Grave $758.00 $833.00

Re-opened Grave $928.00 $1021.00

Re-opened Grave with concrete top $1142.00 $1256.00

Cremation Area including Standard Plaque

$1142.00 $1256.00

Infant/Baby – 4’6” grave $758.00 $833.00 STIRLING NORTH CEMETERY (INCLUDES PLAQUE)

GRAVES


GST)

Increase Price (including GST) as of

1/8/10

Lawned Section $2123.00 $2336.00

Un-Lawned Section $1280.00 $1408.00

Re-Open Plots $2123.00 $2336.00

Infant/Baby – 4’6” grave $1060.00 $1165.00

Cremated Remains Niche Wall

including standard plaque

$1142.00 $1256.00

Cremated Remains – Plot including standard plaque

$1142.00 $1256.00


CERAMIC PHOTOS (price effective from 1/7/12 to 30/6/13)

7cm x 9cm 7cm x 9cm 7cm x 9cm 7cm x 9cm 5cm x 7cm 5cm x 7cm 5cm x 7cm 5cm x 7cm 7cm x 9cm 7cm x 9cm 5cm x 7cm 5cm x 7cm

Black & White with *milling .............…… Black & White with frame ................…… Colour with *milling .......................……. Colour with frame ..........................……. Black & White with *milling .............….. Black & White with frame ................…... Colour with *milling .......................…… Colour with frame ..........................…… Colour no frame or *milling .............…. Black & White no frame or *milling ...... Colour no frame or *milling .............…. Black & White no frame or *milling ......

$251.00 $251.00 $293.00 $293.00 $236.00 $236.00

$277.00 $277.00 $195.00 $195.00 $180.00 $138.00

EXTRA COSTS FOR CEMETERY PLAQUE ORDERS

Plaque Costs: $488.00 (with/without a cross, 8 lines, plaque proof and postage costs) Emblems/Photographs: A, B & C Motifs - $36.00 D Type Motifs - $66.00 Extra Lines: $25.00 per extra line / $21.00 per extra line (niche wall plaque) Reconditioning of Plaques: $96.00 per plaque Diamond Shield Protective Polish: $19.00 per can

Concrete Headstone: $203.00 – Plus delivery/labour to affix plaque $250.00 Plaque and Headstone: Total Cost $941.00 (with/without a cross, 8 lines, postage costs, headstone and labour cost)


CEMETERIES - INFORMATION/HISTORY “OLD” STIRLING NORTH CEMETERY

The town of Stirling North was governed by the District Council of Quorn. Not many details are available about this cemetery but it was “gazetted” as a cemetery reserve 15/11/1877. Burial records were held by the Quorn Council, but many were lost in a fire in the Quorn Town Hall. The Port Augusta Council only hold a few records for this cemetery, but there is no burial plan showing position of graves. There are however, some headstones still existing in this section. “NEW” STIRLING NORTH CEMETERY (Currently operating)

Situated in same area as the “Old” cemetery. The first burial was undertaken in 1966 and it is understood the Quorn Council allowed the cemetery be run by the “Stirling North Cemetery Trust” which was made up of members of the public of Port Augusta/Stirling North and a member of the Quorn Council. The town of Stirling North was governed by the District Council of Quorn until approximately 1980. Stirling North then came under the control of the Port Augusta City Council but the Stirling North Cemetery Trust still ran the cemetery until 1988, the cemetery was then taken over by the Port Augusta Council. There are three sections of the Stirling North Cemetery which are:- Lawned Section, Un-Lawned (Crusherdust) Section and Cremated Remains Section. This cemetery is kept uniformly with set headstones and bronze plaques which are ordered through Council. This cemetery is looked after by a full time contractor employed by Council. The contractor undertakes digging of plots and maintains the lawns, roses, watering, general maintenance and also installs the bronze plaques. “OLD” WESTSIDE CEMETERY

The old Westside cemetery was located on Caroona Road and approximately opened in 1880. Most of the Cemetery Records were destroyed in a fire in the Town hall in 1944, so the only records we have is from information obtained from only a very few headstones that were still existing. (Some headstones are still existing on the site however, this cemetery has been fenced off to the public due to dangerous condition of the ground).


“NEW” WESTSIDE CEMETERY (currently operating)

The new Westside Cemetery is located Old Tarcoola Road and approximately opened in 1924, apparently it is believed that some of the deceased from the old PAW Cemetery were exhumed and reburied at the new PAW cemetery, however, we do not have any record of this. From our records though for the new PAW Cemetery, (from 1924 up to approx. the mid 1940’s), the only details we have of burials is a surname, initials and presumably the year of death, as at that time there must have been two separate registers for the new PAW and the new PA Cemetery.

However on the odd occasion we did find some of the new PAW burials written in the new Port Augusta Cemetery register, and then eventually all burials for PAW were written in the same register at the PA register starting around the mid/late 1940’s. The rest of the PAW burial register up until the mid/late 1940’s (1940’s recorded burials for PAW are quite erratic) we presume all/most of these records were lost in the Town Hall fire or misplaced and that the details we do have within these years have been taken from the existing headstones.

Burials are still undertaken at this cemetery and Council and Council’s Contractor - clear rubbish, prune roses, etc, surrounding the new West Side cemetery. Families of deceased are responsible for caring and maintaining their relative’s burial plot.

At the new West Side Cemetery there are four sections which are:- Afghan/Mahommed, Roman Catholic, Un-leased Protestant and Cremated Remains.

Other Notes

We believe, in accordance with Moslem religious beliefs, burial plots in the Afghan/Mahommed section are facing in the direction of “Mecca” - Mahommed’s birthplace (Prophet).

“OLD” PORT AUGUSTA CEMETERY

Was located where Braddock Park is today. It is not known when this cemetery was opened but closed in approximately 1883.

Most of the Cemetery Records were destroyed in a fire in the Town Hall in 1944.

“NEW” PORT AUGUSTA CEMETERY (currently operating)

The new Port Augusta Cemetery is located on Carlton Parade and approximately opened 1883, and burials are still currently being undertaken in this cemetery, however, some of the older sections unable to be used for re-open’s due to the instability of some grave sites. There is a Leased Section, Pioneer Section, Roman Catholic Section, *Black Oaks Section (for burials of Still Born Babies), and Un-Leased (General) Section Families of deceased are responsible for caring and maintaining their relative’s burial plot.

*Black Oaks Section was called this as this section was located near “Black Oak” trees.


TRANSFER OF AUTHORISED REPRESENTATIVE FOR STIRLING NORTH CEMETERY PLAQUE ORDERS

The Port August City Council has taken reasonable steps to contact the Authorised Representative

of…………………………………………………………………………………………………………………………………….[name of Deceased] by:

Issuing original memorial paperwork on …………………………………[date of issue] by post to

……………………………………………………………………………………………………………….[name and postal address of Authorised

Representative.

Contracting by telephone on:……………………………………………………….………………………………………………………………………….

Contacting in Writing (Registered Mail) at:……………………………………………………………………………………………………………

Attempting to locate on the Electoral Role:………………………………………………………………………………………………………….

I ………………………………………………………………………………………………………………………………………………………….(full names)

(New Grant Holder/Authorised Representative (see table below)

of ………………………………………………………………………………………………………………………………………………………………..(address)

……………………………………………………………………………………………………………………………………..(Post code) ………………………

Telephone …………………………………………………………………………………………………………………………………………………………………

being a a person entitled to exercise the rights granted of the Grant Holder/Authorised Representative and being the highest ranking person in the following descending order of entitlement;

for Cemetery (name) ………………………………………………………………………...Section …………………………………………..

Block/Wall …………………………………………………………………………………….Grave ……………………………………………..

In the name of (deceased) ...........................................................................................

and having provided proof of my identity,

(The Cemeteries Administrator has the right to determine the criteria to determine the relationship and entitlement of any person claiming a substituted right as above) take the rights and interest in the said Authority and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act, 1936. Signed …………………………………………………………………………………………………………………………………………………………………….

(New Authority to sign in front of a J.P.)

Declared and subscribed at …………………………………………………………………………………………………………………………………….

this………………………………………………………………….day of ……………………………………………………………………………………………

Before me…………………………………………………………………………………………………………………………………………………...(name)

A Justice of the Peace or Commissioner for Affidavits ……………………………………………………………………………………..

Signed J.P./Commissioner

Council has relied upon the accuracy and truthfulness of documents provided by the Authorised Representative completing this form. Council accepts no responsibility for any error or untruth in those documents or for any claims, demands or damages which may arise from Council’s reliance on those documents and/or representation made by the Authorised Representative completing this form.

Indicate (one only) as applicable: � a joint executor or administrator (with permission from all others) � the eldest living and legally capable child of the deceased � the eldest living and legally capable grandchild of the deceased � the eldest living and legally capable sibling of the deceased � the eldest living and legally capable blood relative of the deceased � other blood relative of the deceased (please indicate)…………………………………………………………………………………………………


TRANSFER OF GRANT HOLDER/AUTHORISED REPRESENTATIVE DECLARATION

I DO SOLEMNLY AND SINCERELY DECLARE THAT: I ……………………………………………………………………………………………………………………………………………………….(full names)

(Grant Holder/Authorised Representative Person (see table below)

of …………………………………………………………………………………………………………………………………………………..(address)

being (a) the registered Grant Holder/Authorised Representative

or

for Cemetery (name) …………………………………………………………………………...Section …………………………………….

Block/Wall ………………………………………………………………………………………….Grave ………………………………………..

In the name of (deceased) ...........................................................................................

and having provided proof of my identity,

(The Cemeteries Administrator has the right to determine the criteria to determine the relationship and entitlement of any person claiming a substituted right as above)

DO HEREBY TRANSFER to (Mr/Mrs/Mr/Dr) ……………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………………………..….(full names)

of …………………………………………………………………………………………………........................................................

……………………………………………………………………………………………………………………………..(Post code) ……………………………

Telephone …………………………………………………………………………………………………………………………………………………………………

the rights and interest in the said Authority and I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Oaths Act, 1936. Signed …………………………………………………………………………………………………………………………………………………………………….

(Authorised Person to sign in front of a J.P.)

Declared and subscribed at ………………………………………………………………………………………………………………………………….

this……………………………………………………….day of ………………………………………………………………………………………………………

Before me…………………………………………………………………………………………………………………………………………………...(name)

A Justice of the Peace or Commissioner for Affidavits ………………………………………………………………………………………..

Signed J.P./Commissioner

I/we ……………………………………………………………………………………………………………………………………………….(Transferee(s)) hereby accept the transfer of the above Authority to my/our name(s).

Signed ………………………………………………………………………………………………Date ………………………………………………………… (New Authority to sign – not in front of a J.P.)

(b) a person entitled to exercise the rights granted of the Grant Holder/Authorised Representative upon the death or legal incapacity, and being the highest ranking person in the following descending order of entitlement;

Indicate (one only) as applicable: � the sole executor or administrator whose name the RIGHT OF BURIAL is issued � a joint executor or administrator (with permission from all others) � the eldest living and legally capable child of the deceased � the eldest living and legally capable grandchild of the deceased � the eldest living and legally capable sibling of the deceased � the eldest living and legally capable blood relative of the deceased � other blood relative of the deceased (please indicate)…………………………………………………………………………………………..

REPORT FOR: Operations Committee MEETING DATE: 10 December 2012 REPORT FROM: Director – City & Cultural Services REPORT TITLE: Revised Policies – Purchasing, Contracts and Tendering 1.1.09

and Disposal of Land and Assets 1.1.12 FILE NAME: F10/2082 RECORD NO: AR12/27273 STRATEGIC PLAN SUB GOAL/S

6.1 A professional effective, efficient & customer focused organisation, responsive to

the needs of the community. PURPOSE The purpose of this report is to provide Elected Members with an opportunity to consider amendments to the Disposal of Land and Assets Policy 1.1.12 and Purchasing, Contracts and Tendering Policy 1.1.09 and if approved, adopt the policies as amended. 2. RECOMMENDATION Operations Committee recommends Council: 1. Receives and notes the report (AR12/27273) dated 27 November 2012,

submitted by the Director – City & Cultural Services concerning “Revised Policies – Purchasing, Contracts and Tendering 1.1.09 and Disposal of Land and Assets 1.1.12”.

2. Adopts the Disposal of Land and Assets Policy 1.1.12 and Purchasing,

Contracts and Tendering Policy 1.1.09, as amended. 3. BACKGROUND Earlier this year all Councils were provided an opportunity to complete a

Procurement Development Strategy Survey regarding their procurement processes as part of a review being undertake by PMMS.

The survey results identified some critical areas for improvement in procurement

practices across the sector and as part of the Year of Procurement initiatives LGA Procurement has developed a Model Disposal of Land and Assets and Model Procurement Policy for Council to consider implementing. In developing the two model policies, consideration has also been given to the impending ICAC arrangements and issues of fraud, corruption and maladministration in the procurement function.

These initiatives have been developed in consultation with procurement experts,

legal advisors and a Focus Group comprised of representatives of a range of Councils in South Australia, together with input from the LGA Mutual Liability Scheme.

2 Port Augusta City Council had completed a major review of its Purchasing,

Contracts and Tendering Policy 1.1.09 in 2011, following legal advice and made significant changes to this policy to ensure the procurement and disposal processes undertaken by Council are fair, open, transparent and accountable.

4. DISCUSSION 4.1 Following consideration of the Model Policies for Purchasing, Contracts and

Tendering 1.1.09 (refer Appendix A) and Disposal of Land and Assets 1.1.12 (refer Appendix B), amendments have been made to both policies to ensure they are up to date, accurate and reflect good governance processes in relation to procurement and disposal.

4.2 The recommended amendments to these two policies are highlighted using

white text with a black background and recommended deletions using struckthrough text.

4.3 It is recommended that the two policies be adopted, as amended. 5. CONFIDENTIALITY PROVISIONS Not applicable. 6. RISK MANAGEMENT 6.1: Financial/Budget Not applicable. 6.2: Legal Section 49 of the Local Government Act 1999 provides that Council must develop

and maintain procurement policies, practices and procedures and the adoption of the amended Purchasing, Contracts and Tendering Policy 1.1.09 and Disposal of Land and Assets Policy 1.1.12 ensure compliance with this Section of the Act.


6.4.1 General Council policies are available for the community to peruse of its

website www.portaugusta.sa.gov.au or alternatively the public made view and/or purchase a copy Council Policies from the Civic Centre during normal office hours.

6.4.2 OPAL Program

Not applicable.


Purchasing, Contracts & Tendering (Statutory Policy Manual – 1.1.09) Page 1 of 18

APPENDIX A

1. STATUTORY POLICY/PROCEDURES/CODES OF

PRACTICE

1.1 LOCAL GOVERNMENT ACT 1999 Public Document? Council or Administration

POLICY NUMBER

1.1.09

Yes Council

PAGES

18

SUBJECT

PURCHASING, CONTRACTS AND TENDERING

COUNCIL MEETING

AR11/26166 ISSUE DATE

28/11/2011 REVIEW DATE

DELETED DATE


INTERNAL REFERENCES

Section 49 – Local Government Act 1999

Procurement Plan – AR11/19831 – Attachment A Tender Register – AR11/24378 – Attachment B

Dealing with Council Land – AR11/19837 – Attachment C

RFT Specifications – AR11/19840 –Attachment D Probity Protocols – AR11/23857 – Attachment E

RELATED POLICIES

RESPONSIBLE OFFICER

Disposal of Land and Assets 1.1.12 Sale of Council Land Policy – 1.1.12

Director – Corporate Services

SECTION A 1.0 POLICY STATEMENT The Council is committed to ensuring a fair, transparent and accountable process in procuring

goods/services on a value for money basis, and in disposing of assets at their market value. This Policy sets out principles to ensure those outcomes.


2.1 City Manager and Directors.

2.2 To be reviewed within 12 months after a General Election, in line with any legislative changes or by resolution of Council.


2 3.0 GLOSSARY

3.1 In this Policy:

3.1.1 Act means Local Government Act 1999 and reference to a section(s.) means a section of that Act.

3.1.2 Asset includes land, personal property (including goods, intangible assets).

3.1.3 Council means this Council.

3.1.4 Goods mean goods of all kinds including consumables, materials, plant, equipment.

3.1.5 Members mean the elected members of the Council.

3.1.6 Services mean services of all kinds including those provided by tradespeople, professionals, consultants or utilities, but exclude the services of employees of the Council.

3.1.7 Supplier includes a vendor or lessor of Goods, and a provider of Services.

3.1.8 Reference to a price or cost means an amount before any GST is added;

3.1.9 Reference to procurement includes a purchase, finance or operating lease, hire or hire purchase.

3.1.10 EDRMS relates to Council’s Electronic Document Records Management System.

4.0 STATUTORY SOURCE

4.1 This Policy aims to satisfy the Council's duty under s. 49, which reads:

49 — Contracts and tenders policies (a1) A council must develop and maintain procurement policies, practices and procedures directed

towards – (a) obtaining value in the expenditure of public money; (b) providing for ethical and fair treatment of participants; (c) ensuring probity, accountability and transparency in procurement operations. (1) A council must prepare and adopt policies on contracts and tenders, including policies on the

following: (a) the contracting out of services; and

(b) competitive tendering and the use of other measures to ensure that services are delivered cost-effectively; and

(c) the use of local goods and services; and (d) the sale or disposal of land or other assets.

(2) The policies must— (a) identify circumstances where the council will call for tenders for the supply of goods, the provision

of services or the carrying out of works, or the sale or disposal of land or other assets; and (b) provide a fair and transparent process for calling tenders and entering into contracts in those

circumstances; and


3 (c) provide for the recording of reasons for entering into contracts other than those resulting from a

tender process. (3) A council may at any time alter a policy under this section, or substitute a new policy or policies (but

not so as to affect any process that has already commenced). (4) A person is entitled to inspect (without charge) a policy of a council under this section at the

principal office of the council during ordinary office hours. (5) A person is entitled, on payment of a fee fixed by the council, to a copy of a policy under this

section. 4.2 Additional statutory requirements

In addition to the principles stated below, employees must have regard to these requirements under the Act:

Section Topic 8(h) The Council must ensure its resources are used fairly, effectively and

efficiently. 37 A contract may be entered into by an officer, employee or agent

authorised by the Council, or be entered into under the common seal of the Council – by s. 38(1) use of the common seal requires a resolution of the Members.

44 The Council's delegations. 48 Requirement for a prudential report on certain projects. 50 The Council's public consultation policy. 109 An employee’s duty to act honestly and with reasonable care and

diligence. 110 An employee’s duty to comply with a code of conduct. 122 The Council's strategic management plans 123 The Council's annual business plan. 123 The Council's annual budget. 201 The sale / disposal of land. 202 A lease / licence of community land. 270 The Council's grievance procedures.

4.3 Also relevant are the public's right of access to the Council's documents under the Freedom of Information Act 1991 and the powers of the Ombudsman under the Ombudsman Act 1972.

5.0 POLICY PRINCIPLES:

Council must have regard to the following principles in its acquisition of goods and services:

5.1 Encouragement of open and effective competition


4 5.2 Obtaining Value for Money

5.2.1 This is not restricted to price alone.

5.2.2 An assessment of value for money must include, where possible, consideration of:

a) the contribution to Council’s long term plan and strategic direction;

b) any relevant direct and indirect benenfits to Council, both tangible and intangible;

c) efficiency and effectiveness of the proposed procurement activity;

d) the performance history, and quality, scope of services and support of each prospective supplier;

e) fitness for purpose of the proposed goods or service;

f) whole of life costs;

g) Council’s internal administration costs;

h) technical compliance issues;

i) risk exposure; and

j) the value of any associated environmental benefits.

5.3 Probity, Ethical Behaviour and Fiar Dealing

Council is to behave with impartiality, fairness, independence, openness and integrity in all discussions and negotiations.

5.4 Accountability, Transparency and Reporting

5.5 Ensuring compliance with all relevant legislation

5.6 Encouragement of the development of competitive local business and industry

5.6.1 Where the evaluation criteria are comparable, Council may consider the following:

a) the creation of local employment opportunities;

b) increased availability of local servicing support;

c) increased convenience with communications with the supplier for contract management;

d) economic growth within the local area;

e) benefit to Council of associated local commercial transaction; and/or

f) the short and long term impact of the procurement on local business.

5.7 Environmental protection

5.7.1 Council will seek to:

a) adopt purchasing practices which conserve natural resources;


5 b) align the Council’s procurement activities with principles of ecological sustainability;

c) purchase recycled and environmentally preferred products where possible;

d) integrate relevant principles of waste minimisation and energy;

e) foster the development of products and services which have a low environmental impact;

f) provide leadership to business, industry and the community in promoting the use of environmentally sensitive goods and services.

6.0 POLICY APPLICATION

6.1 Application of this Policy

6.1.1 This Policy seeks applies to:

a) define the methods of procurement for all Goods and all Services;

b) demonstrate accountability and responsibility of Council to ratepayers;

c) be fair and equitable to all parties involved;

d) enable all processes to be monitored and recorded;

e) ensure that the best possible outcome is achieved for the Council; and

f) provide guidance regarding the sale or other disposal of all Assets except plant/equipment that is either:

i) at the end of its effective life and being scrapped; or

ii) being traded-in for a replacement item (but this Policy applies to the procurement of the replacement item).

6.1.2 The City Manager may decide to exclude a transaction, or class of transactions, from the other provisions of this Policy. If a class of transactions is so excluded, on its next review this Policy must be altered as to show the exclusion.

6.1.3 Unless expressly invited by the City Manager, a Member must not be involved in or

interfere with a matter the subject of a delegation given to a Director, Manager, Officer or other person under Section 44 of the Local Government Act 1999.

6.1.4 In any circumstances in which this Policy is silent, incapable of taking effect or being

implemented according to its strict provisions, the City Manager (or person acting in that position) (or delegate) may decide what action may be taken to ensure the effective administration of the Council and compliance with the Act.

6.1.5 However, this Policy does not cover:

a) non-procurement expenditure such as sponsorships, grants, funding arrangements, donations and employment contracts; or

b) the disposal of land;

c) the purchase of land by Council.


6 7.0 POLICY OBJECTIVE

Council aims to achieve advantageous procurement outcomes by:

7.1 enhancing value for money through fair, competitive, non-discriminatory procurement;

7.2 promoting the use of resources in an efficient, effective and ethical manner;

7.3 making decisions with probity, accountability and transparency;

7.4 advancing and/or working within Council’s economic, social and environmental policies;

7.5 providing reasonable opportunity for competitive local businesses to support to Council;

7.6 appropriately managing risk; and

7.7 ensuring compliance with all relevant legislation.

SECTION B 8.0 PROCEDURE 8.1 Preference for certain Suppliers

8.1.1 The Council may prefer a local Supplier of Goods / Services where the Supplier:

a) either: (i) operates from or sources Goods or Services (including labour) from within the area of the Council; (ii) supports community not-for-profit organisations within the area of the Council; or (iii) offers Goods or Services that are more environmentally responsible than competing offerings;

b) is competitive with other Suppliers (no more than 110% of the lowest price on offer to the Council);

c) can supply on terms that offer the Council value for money.

For this purpose, environmentally responsible means to either: (i) reduce / eliminate the production of carbon / greenhouse gasses / ozone-depleting substances / other substances hazardous to people or the environment; (ii) use materials principally sourced within Australia (thus reducing transport); (iii) use materials that minimise waste; (iv) use recycled materials; (v) use products that offer a longer life expectancy than others.

8.2 Preference for in-house services

8.2.1 The Council should procure Services from outside the Council's labour force only if either:

a) the Council’s existing labour force is already fully committed and could not realistically meet the need;

b) the law requires the service provider (such as an assessor or auditor) be at arm’s length to the Council;

c) the law requires the service provider hold a trade / professional / industry qualification not available within the Council's labour force;

d) the service requires use of specialised plant / equipment not otherwise readily and economically available to the Council;


7 e) the service would entail legal risk more appropriately borne by an

external provider's insurers than by the Local Government Association Mutual Liability Scheme; or

f) it is likely industry could provide the service on a better value for money basis.

8.2.2 Employees should also be aware of:

a) any industrial law or agreement binding the Council and its labour force; and

b) the benefits of a continuing "corporate memory" within the Council – where experienced employees are available to be deployed on future similar work.

8.3 Preference for pre-qualified Suppliers

8.3.1 If at the time the Council maintains a register of Suppliers pre-qualified for compliance with the Council's terms of trade and occupational health and safety / environmental requirements, an employee should check to ensure if a Supplier on the register could be utilised, before offering the opportunity to others.

8.4 Preference for Goods in inventory

8.4.1 An employee should check if the Council already holds in inventory or has on order, a sufficient quantity of the Goods the employee proposes to purchase.

8.5 Strategic alliances

8.5.1 This is where the Council undertakes procurement through contract arrangements already established and administered by other organizations, including:

a) LGA Procurement

b) Procurement Australia

c) State Government contracts

8.6 Monetary limits for transactions that must be referred to the City Manager

8.6.1 A procurement not having prior budget allocation must be approved by the City Manager before commitment.

8.6.2 A procurement the value of which is likely to exceed the monetary thresholds below must be approved by the City Manager before commitment:*

Position Employee (or person acting in

the position)

$ within prior budget allocation

City Manager G J Perkin Unrestricted Director – Corporate Services M J Dunemann Within approved budget

allocation Director – Infrastructure & Environment

H J Hart Within approved budget allocation

Director – Community Services

A O'Reilly Within approved budget allocation

Director – City & Cultural Services

L A M Heron Within approved budget allocation


8

Senior Technical Officer – Infrastructure/Airport Manager

B S Daw $20,000 debited to their business unit

Care Manager – Aged Care D McKinlay $20,000 debited to their business unit

Care Manager – Aged Care B H Racanati $20,000 debited to their business unit

Works G Brown $5,000 debited to their business unit

Library & Community Information

T A Dunemann $5,000 debited to their business unit

Wadlata/Arid Lands P Hedger $5,000 debited to their business unit

Ryan Mitchell Swim Centre S Hogg $5,000 debited to their business unit

Environmental Services S Parsons $5,000 debited to their business unit

Substance Misuse Services J Newell $5,000 debited to their business unit

Development Services N Heron $5,000 debited to their business unit

Works Supervisor D Curnow $5,000 debited to their business unit

Parks Supervisor L Martin $5,000 debited to their business unit

Human Resources A D McCoy $2,000 debited to their business unit

Aged Care V L Miller $2,000 debited to their business unit

Aged Care L Dearlove $2,000 debited to their business unit

Aged Care P Hooper $2,000 debited to their business unit

Aged Care L Glass $2,000 debited to their business unit

Health Focus R Franklin $2,000 debited to their business unit

Childcare C Winen $2,000 debited to their business unit

Special Needs Q Hockey $2,000 debited to their business unit

Information Technology S Kite $2,000 debited to their business unit

Sports and Recreation C Dearlove $2,000 debited to their business unit

AALBG Bluebush Cafe P Warren $2,000 debited to their business unit

AALBG – Tourism Officer B Reichstein $2,000 debited to their business unit

AALBG - Horticulturalist D Schumann $2,000 debited to their business unit

AALBG – Nursery Co-ordinator T Danylycha $2,000 debited to their business unit

Men's Shed B Filsell $500 debited to their business unit

Cultural Centre E Day $500 debited to their business unit

Team Leader SMS M Cooper $500 debited to their business unit


9

* In applying the thresholds: (a) sum the total expenditure over the life of the contract, including any extension; (b) treat a series of related transactions occurring within any 6 months as 1 transaction; and (c) ignore that all or some of the cost may be funded by other levels of government. Procurements of $50 or less may be paid out of petty cash.

8.6 Kinds of transactions that must be referred to the City Manager

8.6.1 A transaction as to any of the following must be approved by the City Manager before commitment:

a) Borrowing: borrow money; grant a mortgage / charge / pledge over an asset (including an income stream); purchase an asset with vendor finance.

b) Building work: building or construction work of more than $100,000 (including design costs).

c) Conflict of interest: a transaction in which an employee has declared a conflict of interest, or is known to have a conflict of interest.

d) Employees: employ a new employee of business unit manager level or above; promote an existing employee to business unit manager level or above.

e) Insurance: obtain insurance not arranged by the Local Government Association Mutual Liability Scheme.

f) IT: purchase of software (or new versions) for enterprise-wide use.

g) Joint ventures: a joint venture or partnership between the Council and another enterprise (including a government body) – does not include where Council sub-contracts work to another enterprise or vice versa.

h) Labour: engage a contractor who would for any period occupy an office upon the Council's premises.

i) Land: purchase / sale / lease / licence of land (whether or not community land); grant of an easement or profit à prendre by the Council.

j) Lending: lend more than $50,000; a sale where the Council grants vendor finance of more than $50,000.

k) Long-term suppliers: engage a supplier for a period that extends, or may at the option of the supplier extend, for more than 24 months.

l) Plant & equipment: purchase / finance lease of a capital asset of more than $50,000 or related capital items of more than total $100,000; sale of a capital asset with a depreciated value more than $50,000.

m) Retainers: retainer for 12 months or more granted by the Council to lawyers / accountants / valuers / actuaries / auditors / employment agents / media marketing / specialist technical advisors.

n) Utilities: supply to the Council of telephone network services / mains electricity / mains gas / mains water.

8.7 Procurement methods

8.7.1 The procurement method that may be used depends on the value of the transaction as below:


10

$* Procurement method

Additional requirements

Under $20,000 purchase order If practical, obtain 2 oral or written quotations from independent suppliers. The price is competitive. See About a Purchase Order later in this Policy.

$20,000.01 -$100,000

quotation, or if thought

appropriate, by select / open

tender

The specifications for the Goods or Services must be complete, unambiguous, reduced to writing and notified to all potential suppliers participating on the same day.

$20,000.01 - $100,000 continued

If the details of the specifications change before contract award, the change must be reduced to writing and notified to all potential suppliers participating on the same day. The specifications must be the same for all potential suppliers. If practicable, the specifications must not be skewed in favour of a proprietary product that not all potential suppliers could realistically supply – e.g., specify "10 tonne truck", rather than "Toyota 10 tonne truck". The specifications (and any changes) and a list of all potential suppliers participating must be recorded on the file or on the Council's EDRMS. Allow at least 1 full working day for a potential supplier to submit their quotation based on the final specifications. A minimum of 3 written quotations must be obtained. If impractical to obtain more than 1 quotation, the Officer responsible for the contract concerned, must seek written approval from their respective Director to waive the requirement but must record the reasons including the Director’s approval on the file or on the Council's EDRMS. So far as practicable, negotiations should be in writing or reduced to writing and recorded on the file or on the Council's EDRMS. Do not disclose to a person outside the Council the names of potential suppliers participating. Do not disclose a potential supplier's price to a person outside the Council, whether before or after contract award. This rule ceases to apply to the contract price if and when available to the public by operation of s. 91(8).


11

$20,000.01 - $100,000 continued

Reasons for selecting 1 quotation over another must be recorded on the file or on the Council's EDRMS. Upon contract award, promptly issue a purchase order or contract form to the chosen supplier. After award of the contract, promptly notify unsuccessful suppliers - if asked giving reasons but without disclosing the chosen supplier's price. If an unsuccessful supplier is known to be unhappy with the process or the outcome, inform them they can complain to the business unit manager (or if the complaint is of a lack of probity, to the City Manager) giving their name and contact details. Note the potential complaint on the file or on the Council's EDRMS.

$100,00.01 -$299,999.99

select or open tender

See the Request for Tender process later in this Policy. In a select tender, a minimum of 2 independent suppliers must be invited to tender. The reasons why an open tender was not used must be recorded on the file or on the Council's EDRMS, or be apparent on the face of the request for tender.

$300,000 and over

open tender See the Request for Tender process later in this Policy.

Special cases A Request for Tender process must be used in these cases: Borrowing: borrowing money from industry where the principal

/ facility limit is at least $500,000.

Building work: building or construction work likely to exceed $100,000 (including design costs).

Special cases

cont… If within 6 months after a tender is let additional goods or services are required, the City Manager may agree to use the same supplier and not call for fresh tenders if the unit rate does not exceed 5% of the previous successful tender and the project remains within the budget allocation. A consultancy requiring special skills, qualifications, experience or intellectual property may be negotiated directly with a potential supplier if a select tender would not be appropriate, and the reasons are recorded on the file or on the Council's EDRMS.


12 * In applying the thresholds: (a) sum the total expenditure over the life of the contract,

including any extension; (b) treat a series of related transactions occurring within any 6 months as 1 transaction; and (c) ignore that all or some of the cost may be funded by other levels of government.

8.8 Disposal methods

8.8.1 The disposal method that may be used depends on the value of the transaction as below and must be carried out in conjunction with the provisions of the Disposal of Land and Assets Policy 1.1.12:

$ Disposal method

Additional requirements

Under $5,000 By appropriate means

If practical, obtain 2 oral or written bids. All bids must be recorded on the file or on the Council's EDRMS. The price is competitive. Or at the discretion of the City Manager (where the value of the item does not justify a more involved process as outlined above)

$5,000 -$50,000 public auction, or purchase offers

invited by minimum 2 advertisements in

a newspaper circulating

throughout the State

So far as practicable, negotiations should be in writing or reduced to writing and recorded on the file or on the Council's EDRMS. The sale should be concluded at the highest price on offer, paid and item collected on day of auction or date approved by Council.

$50,000.01 and over

public auction, or open tender

See the Request for Tender process later in this Policy.

Special cases Land swaps are to be negotiated by private treaty (a sale contract).

Disposal of a former public road under the Roads (Opening and Closing) Act 1991 is to be negotiated in the required statutory “agreement for transfer”.

Disposal to an employee or their respective affiliates must be approved by the City Manager (or person acting in that position).

8.9 About a Purchase Order

8.9.1 A purchase order is a binding offer by the Council, which offer the supplier accepts by issuing a written acceptance or by simply filling the order. The offer and its acceptance together form a contract. The offer (purchase order) can be varied or withdrawn before its acceptance.

8.9.2 The Council’s template purchase order must be used and duly completed before issue.


13 8.9.3 Any variation to the standard terms (including use of any special conditions) must be

clear on the face of the purchase order used, and the reasons for the same recorded on the file or on the Council's EDRMS unless self-evident.

8.9.4 Purchase orders must be numbered sequentially.

8.9.5 A paper copy of each purchase order must be retained on the file.

8.9.6 Only in an emergency should an order be placed orally. In that case, a written purchase order should promptly follow the oral order.

8.9.7 A purchase order is generally inappropriate where the value of the transaction exceeds $20,000.

8.10 About an auction

8.10.1 Where the Council puts land or another asset to sale by public auction:

a) at least 7 days before the auction, the auction should be advertised in newspapers circulating throughout the State;

b) the reserve price should be fixed in consultation with the auctioneer, noted on the file and not disclosed outside the Council;

c) if practicable and the value of the asset merits it, an employee should attend the auction;

d) if the asset is passed in, the employee attending may on the same day negotiate a sale with the 2 highest bidders.

8.10.2 The Council must not bid to purchase an asset at an auction except via an employee holding a sufficient delegation from the Council and acting within a prior budget allocation and otherwise acting in conformity with this Policy.

8.11 About a request for tender

8.11.1 A request for tender (RFT) is an invitation by the Council for persons (tenderers) to submit binding offers (tenders) that the Council can accept or reject, and involves this process:

a) the Council issues an RFT, which:

i) carries a unique identifying number (e.g., RFT 001/2010);

ii) identifies with sufficient detail and clarity the goods / services / land concerned (which may include technical specifications, drawings);

iii) sets out, has annexed or identifies with certainty the terms and conditions of the contract to be formed on acceptance by the Council of one of the tenders;

iv) identifies but one officer having superintendence of the tender process and to whom any queries should be directed;

v) requires queries to be in writing;

vi) states whether a briefing or site tour is on offer – if yes, whether it is mandatory;

vii) requires any addendum to be in writing and given to all potential tenderers known to the Council, and at the same time;


14

viii) requires response to the request by the tenderer completing and lodging a pro forma tender (the same form for all tenderers), completed with the information the pro forma requires;

ix) requires tenderers submit their tenders (4 copies (one original and 3 copies – clearly marked as ‘original/copy’ plus one electronic copy of complete tender documents) to the Council by lodging them in sealed envelopes placed in a locked tender box located at reception of the Council’s office – unless the Council has made prior arrangements to receive tenders electronically via the SA Government website at www.tenders.sa.gov.au;

x) states that a tender received after the stated closing time (5.00 pm on a date at least 14 days after the request is first published) will not be considered;

xi) identifies all criteria (but not the weighting) against which tenders submitted would be assessed;

xii) invites tenderers to submit information relevant to those criteria;

xiii) otherwise states the conditions of the tender process.

b) the request may be open to the public at large, or select (potential tenderers are limited to those enterprises, or kinds of enterprises, identified in the RFT e.g., enterprises holding some particular certification or trade qualification);

c) in an open tender, the RFT is published on the State Government website at www.tenders.sa.gov.au and advertised in newspapers circulating throughout the State;

d) if a tender is likely to involve complex evaluation or a great number of potential tenderers, the Council should engage an independent probity advisor / auditor – a probity advisor / auditor should come from outside Council, take instruction from and report to only the City Manager (or person acting in that position) and have full right of access to records and employees so far as necessary for the role – a probity advisor / auditor's recommendation on the tender process must be adhered to;

e) the Council forms an evaluation panel (comprising at least 3 people, including at least 1 employee) to assess tenders against a weighted point score system contained in a procurement plan;

f) the evaluation panel makes a written recommendation to the project leader, based on points awarded to submitted tenders under the point score system in the procurement plan;

g) the project leader decides whether to abandon the tender process, or proceed to select a tenderer – if the contract is outside the project leader’s delegation, the project leader must make a written recommendation to the City Manager (or person acting in that position);

h) the Council informs the successful tenderer of the acceptance of their tender, or informs a tenderer that it is preferred to be awarded the contract subject to satisfactory negotiation on any outstanding issues;

i) the Council should usually debrief unsuccessful tenderers on why their tender did not succeed by reference to the evaluation criteria and the procurement plan.


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8.11.2 The Council’s template RFT must be used. The reasons for any variation to the standard general conditions of tender (ignoring differences attributable to different evaluation criteria) must be recorded on the file or the Council's EDRMS (or derive from legal advice so recorded).

8.11.3 If the tender is open for a Council's business unit to submit an "in-house" tender, that should be stated in the RFT. An “in-house” tender must be subject to the same tender conditions and evaluation criteria as tenders from outside the Council.

8.11.4 The tender box must be locked pending the closing time as last advised to potential tenderers, secured at that closing time and thereafter only opened in the presence of at least 2 employees, who jointly should record the number of tenders received and any identifying information apparent on the face of envelopes. Those employees together should then open the tender envelopes and jointly record the names of those tendering.

8.11.5 Any tenders received after the closing time must be excluded from consideration and, if the name of the potential tenderer is apparent on the face of the envelope, returned unopened to that person.

8.11.6 Employees should be aware that a tender process may be contentious and is subject to strict probity rules to ensure all potential tenderers are, and are seen to be, treated fairly. Probity requires that:

a) where the Council provides information / documents - all potential tenderers receive the same information / documents, in the same format and at the same time;

b) no potential tenderer is improperly assisted by the Council, or any employee;

c) employees keep confidential from potential tenderers the identity of other potential tenderers (acknowledging that they may come to know if attending a briefing for all potential tenderers called by the Council);

d) the evaluation criteria are applied consistently across all submitted tenders;

e) the general conditions of the tender process are applied consistently across all submitted tenders and all tenderers;

f) records evidencing due process are kept.

8.11.7 If an unsuccessful tenderer submitted a creative idea (e.g., a better design for construction works), there may be intellectual property issues in the Council disclosing or using that idea in the contract with the successful tenderer. If in doubt, seek legal advice.

8.12 About a request for expressions of interest

8.12.1 A request for expressions of interest is similar to a tender process, except a response is not a binding offer capable of acceptance by the Council to form a contract.

8.12.2 The Council might use this method to "test the market" or solicit ideas from industry on how a procurement or disposal might best be structured.


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8.12.3 The Council’s intentions for the process should be clearly stated in the request for expressions of interest, so industry is not misled. If, for example, the request process is to be followed by a RFT for a select tender, the initial document should say so; if not all respondents can expect to participate in that select tender, say so and the grounds upon which they would be excluded.

8.13 About a private treaty

8.13.1 A “private treaty” is another name for a contract (and its price or fee) negotiated between the parties.

8.14 Record-keeping

8.14.1 In accordance with the State Records Act 1997, the Council must keep records (electronically or in hard copy) of:

a) quotations or offers received or made;

b) telephone conversations, emails, letters, negotiations, meetings, interviews leading to contract formation;

c) reasons for choosing one counterparty over another;

d) reasons for departing from a template form of contract.

8.15 Consultation

8.15.1 Where a procurement of goods or services has OH & S implications for employees, those employees should be consulted prior to the Council going to the market.

8.16 Conflicts of interest

8.16.1 If a conflict of interest for an employee becomes known during contract negotiations or contract administration, the City Manager (or person acting in that position) is to be advised in writing as to the nature of the conflict.

8.16.2 An employee with a conflict of interest must not participate in relevant contract negotiations or contract administration.

8.17 Counterparties

8.17.1 The Council can only contract with a legal person – a body corporate (a company, incorporated association, incorporated co-operative, another council, a Minister of the Crown or other entity constituted by statute), or an individual of sound mind and at least 18 years of age.

8.17.2 A partnership or joint venture is not a legal person, though each partner / joint venturer should be. A contract with a partnership or joint venture should name and be signed by at least one of the partners / joint venturers, and identify the name of the partnership / joint venture.

8.17.3 A trust (fixed or discretionary, including a registered managed investment scheme) is not a legal person – rather, the contracting party is the trustee of the trust and must be named in the contract.

8.17.4 A registered business name and a registered trade mark is not a legal person – rather, the contracting party is the holder of the business name / trade mark and must be named in the contract.


17

8.17.5 A counterparty’s ACN or ABN or ARBN (as applicable) should be stated on the contract to better identify the party.

8.18 Prices

8.18.1 In a procurement, the contract must state a maximum price (including GST) payable by the Council.

8.18.2 In a more open-ended consultancy, the contract must not permit total fees payable to exceed the budget allocation for that consultancy.

8.18.3 An invoice (tax invoice if GST is being recovered) issued by the supplier is a prerequisite to payment by the Council of a price or fee.

8.18.4 The Council prefers to pay an invoice by the end of the month following the month in which the invoice issued.

8.19 Insurance

8.19.1 A supplier who is to work on "local government land" in performance of their contract must first provide evidence of public risk insurance of at least $20 million cover, where the interest of the Council is at least noted on the policy.

8.19.2 A supplier who provides professional services in performance of their contract must first provide evidence of professional indemnity insurance of at least $1 million in cover.

8.20 WH & S

8.20.1 A supplier who supplies or deploys labour in performance of their contract must commit to OH & S practices at least as stringent as the Council’s OH & S policy.

8.21 Environment

8.21.1 A supplier who is to work on "local government land" in performance of their contract must commit to environment protection practices at least as stringent as the Council’s environment protection policy.

8.22 Partnering with other government bodies

8.22.1 The Council may become party to an existing contract between a supplier and a local government or State government body only if the Council’s employees are satisfied the contract is likely to offer the Council better value for money than the Council going direct to the market.

8.23 Contract forms

8.23.1 Where practicable and subject to legal advice to the contrary, a transaction should be based on the Council's template form of contract or, failing that, a form last published by Standards Australia.

8.23.2 Employees should be alert to these matters:

a) an oral contract may form despite an employee’s subjective view the discussions were still informal;


18 b) a document (including a draft) not signed by all parties may yet evidence

a contract;

c) a "memorandum of understanding", "heads of agreement", "letter of intent" or similar may form a contract binding the parties;

d) things said or done, or not said or done, in contract negotiations can have legal outcomes even if the negotiations are abandoned - e.g., a party might be guilty of misleading or deceptive conduct that entitles the other party to damages or other legal remedy;

e) a contract should state all its terms and conditions, and disavow any promises or statements made in negotiations that are not reflected in the final written contract.

8.24 Key terms and conditions of a sale contract

8.24.1 A contract for sale and purchase of an asset should be in writing, signed by all parties, dated and at a minimum address:

a) the asset concerned;

b) the price - including GST and when payable;

c) when title, risk and right to possession pass;

d) when and where delivery of any goods is to occur;

e) whether the asset is sold free of mortgages and other security interests;

f) vendor warranties, if any, in addition any implied by mandatory operation of law;

g) product guarantees, if any;

h) any dispute resolution mechanisms.

8.24.2 If land offered for sale by the Council would be sold subject to the purchaser granting the Council an easement, encumbrance or land management agreement:

a) that must be disclosed in any promotion of the prospective sale;

b) at least indicative documentation must accompany the first draft of the contract given to a prospective purchaser;

c) the same documentation must be provided to all prospective purchasers who have not withdrawn from the sale process.

8.24.3 In a sale or lease of land, the transaction documentation must make clear the Council is acting only as a counter-party to the contract, and is not fettering its regulatory functions under the Development Act 1993 or otherwise.

8.24.4 A fully executed original of the contract (stamped for duty if required to be stamped) should be put in safekeeping, with only a working copy kept on the file.

8.25 Key terms and conditions of a contract for services

8.25.1 A contract for the Council to be supplied Services must address:


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a) the scope of the Services, and any ability to change that scope;

b) the period for provision of the services, and any rights to extend the period;

c) the provider's insurance;

d) ownership of intellectual property or other results of the service;

e) key performance indicators, if any, and outcomes from a failure of any KPIs;

f) if the period extends more than 12 months, a right for the Council to review performance and terminate for unsatisfactory performance;

g) events of early termination;

h) any dispute resolution mechanisms.

8.26 Liability limits

8.26.1 The Council would not accept a Supplier limiting their general law liability to the Council except:

a) some professions enjoy limited liability due to a scheme approved under the Professional Standards Act 2004; or

b) after employees have assessed the particular risks to the Council and are satisfied the liability limit being asked for would compensate the Council for a substantial portion of any direct loss or damage likely to be suffered from a defective supply, and note their assessment on the file.

86.27 Amending a contract

8.27.1 A contract may need amending due to a change in circumstances, and should be formally amended if the transaction as being performed in fact by the parties deviates materially from the original contract.

8.27.2 In amending a contract, employees should conform to the authorisations, delegations and budget limits as applied to the original contract, or seek approval from the City Manager.

8.28 Assigning a contract

8.28.1 In law, as a rule:

a) except with consent of the counterparty, a party cannot assign their obligations under a contract;

b) the assignor is not released from future obligations by assigning the contract.

8.28.2 Except in exceptional circumstances, the Council should not release a counter-party who assigns the contract.


20 8.29 Novating a contract

8.29.1 A novation is a termination of a contract, and its substitution by a fresh contract made between the same or different parties.

8.29.2 It is usually appropriate that the fresh contract state that anything done or not done under the prior contract is taken to have been done / not done under the fresh contract.

8.30 Terminating a contract for default

8.30.1 A right to terminate may arise under law and / or under an express provision of the contract.

8.30.2 Employees must take care in terminating a contract by reason of the counterparty’s default or insolvency. If the Council terminates without proper legal justification, that would be a serious breach of contract by the Council. Further, the Courts are evolving a duty of “good faith” that applies even if the contract language gives a clear right to terminate for breach. If in doubt, seek legal advice.

8.31 Stamp duty

8.31.1 The Council is not exempt from paying stamp duty on stampable transactions.

8.32 Public access to this Policy

8.32.1 Section 49(4) and s. 132(1)(a) entitle a person to inspect (without charge) this Policy at the principal business office of the Council during ordinary business hours. Under s. 49(5) and s. 132(1)(b), a person is entitled, on payment of a fee fixed by the Council, to a copy of this Policy.

8.32.2 Section 132(d)(d) is that the Council should, so far as is reasonably practicable, make this Policy available for inspection on the Internet within a reasonable time after the Policy is available at the principal office of the Council.

9.0 STAFF RESPONSIBILITIES 9.1 Delegated Officers dealing with issuing purchase orders must abide by this

Policy/Procedure and ensure compliance with their delegated authority as outlined in the Delegations Register.

9.2 As approved by Council on the 22nd October 2007, the City Manager has delegated

authority to approved Officer of Council to sign purchase orders. The Director – City & Cultural Services will be responsible for providing a report to Council in June of each year, outlining all approvals granted by the City Manager to Officer’s of Council to sign purchase orders.

10.0 AUDITS 10.1 Not applicable. SECTION C 11.0 FORMS AND ATTACHMENTS 11.1 Procurement Plan for ‘Request for Tender’ – AR11/19831 – Attachment A 11.2 Tender Register – AR11/24378 – Attachment B 11.3 Dealing with Council Land – Developer Initiated Expression of Interest – AR11/19837 –

Attachment C 11.4 ‘Request for Tender’ Specifications – AR11/19840 – Attachment D 11.5 Probity Protocols – AR11/23857 – Attachment E

Purchasing, Contracts & Tendering (Statutory Policy Manual – 1.1.09) Attachment A - AR11/19831

ATTACHMENT A

PROCUREMENT PLAN FOR RFT insert RFT number and title

THIS DOCUMENT IS CONFIDENTIAL

SCHEDULE

Business unit / work group for the RFT: insert name

RFT finalised: yes Budget allocation: yes Proposed publication date: insert date

Evaluation criteria: Note - the criteria below must exactly match those stated in the RFT

Weighting

Available adequate resources and demonstrated expertise ##% Proposed manner of working ##% Compliance with the requirements of the Contract / Specifications ##% Other information supplied or known to the Principal ##% Price (lump sum and / or schedule of rates) ##%

Panel members:

insert name (Chair)

insert name

insert name

insert name

Probity adviser / auditor: insert name ABN insert number

Declaration: A person signing below declares that:

at the time of signing, he / she has no conflict of interest or potential conflict of interest in relation to the Tender Process

if after signing he / she knows they have a conflict of interest or potential conflict of interest in relation to the Tender Process, he / she promptly will notify the other members of the Panel

as a member of the Panel, he / she will adhere to this Plan at all times, he / she will keep confidential all information obtained as a member of the Panel

Signed: ……………………………………………

Name:

Date:

Signed: ……………………………………………

Name:

Date:

Signed:…………………………………………

Name:

Date:

Signed: ……………………………………………

Name:

Date:


PART 1 – THIS PLAN

1. Adoption: This Plan is to be adopted by resolution of the Panel and may be amended only by a resolution the Panel. The adoption and any amendment of this Plan must be minuted in the minutes of Panel meetings. This Plan is collateral to the Council's policies kept under Local Government Act 1999.

2. Purpose: This Plan is to regulate the Tender Process, including:

2.1 composition and activities of the Panel;

2.2 content, publication and addenda to the RFT;

2.3 the flow of information between the Principal and potential Tenderers about the RFT;

2.4 the evaluation of Tenders;

2.5 the preparation and submission of a Report.

3. Glossary: In this Plan: Panel means the panel formed to superintend the Tender Process, including prepare the Report; Principal means the Council (as it is described in the RFT); Report means the evaluation report of Tenders to be prepared by the Panel; RFT means the request for tender / tender package cited in the Schedule of this Plan. Otherwise, expressions defined in the Council's template RFT (such as Closing Time, Contract, Tender, Tender Process) have the same meaning in this Plan.

PART 2 – PANEL

4. Formation: At all times during the Tender Process, there must be a Panel.

5. Composition: The original Panel members are named in the Schedule to this Plan. At all times, there must be at least 3 members of the Panel. A Panel member may not delegate the position.

6. Meetings: A Panel member is entitled to reasonable notice of a Panel meeting. A quorum for a Panel meeting is a majority in number of its members. The Panel may meet in person or by telephone. The chair or acting chair of the Panel may propose a resolution of the Panel by meeting or by contacting every other Panel member individually or in succession. The Panel must keep minutes of its meetings. Within 3 business days after a Panel meeting, the chair of that meeting must cause draft minutes to be given to every Panel member.

7. Secrecy: The identity of Panel members must not be disclosed to prospective Tenderers under any circumstances. This will minimise the likelihood of prospective or actual Tenderers contacting Panel members in an attempt to solicit information and / or influence the evaluation process.

8. Skills: All members of the Panel must read and understand the RFT, understand the relationship between the Tender evaluation criteria and the Tender requirements in the RFT and understand the process outlined in this Plan.

PART 3 - PROBITY

9. Probity objectives: The broad objectives of a probity process are to:

9.1 ensure conformity to processes designed to achieve best value for money;

9.2 improve accountability;

9.3 encourage commercial competition on the basis that all Tenders will be assessed against the same criteria;


9.4 preserve public and Tenderers' confidence in local government processes; and

9.5 improve defensibility of decisions to potential administrative and legal challenge.

10. Probity principles: The essential principles of probity are:

10.1 open competitive process;

10.2 transparency of process;

10.3 identification and resolution of conflicts of interest;

10.4 accountability; and

10.5 monitoring and evaluating performance.

11. Compliance: The Panel must consider the above objectives and principles throughout all stages of the Tender Process, and has primary responsibility for ensuring compliance with those objectives and principles. Promoting probity is however, the responsibility of all elected members and employees involved in the Tender Process.

PART 4 - CONFIDENTIALITY

12. Confidentiality: Subject to applicable laws, all Panel members, elected members, employees and advisors involved in the Tender Process must be obliged to keep confidential all information about the Tender Process (including the Tenders received, and other information supplied by any Tenderers).

PART 5 – CONFLICTS OF INTEREST

13. Conflicts of interest: All Panel members, elected members, employees and advisors involved in the Tender Process must be obliged to declare any conflict of interest, or potential conflict of interest, in the Tender Process.

14. About conflicts of interest:

14.1 A Panel member (or advisor to the Panel) must declare to the Panel the existence of any real or potential conflict of interest as soon as he or she becomes aware of it.

14.2 A Panel member must sign the Declaration at the foot of the Schedule of this Plan at the first Panel meeting, or (if later) upon joining the Panel.

14.3 Throughout the Tender Process, a Panel member must not solicit or accept an offer of gifts, meals etc., from any prospective or actual Tenderer.

15. Managing conflicts of interest: If a Panel member declares a conflict of interest, or potential conflict of interest, with a prospective or actual Tenderer and due to the nature of the conflict, either the member or the Panel feel he or she could not continue their involvement without potentially compromising the Tender Process, that person should be replaced on the Panel. In case of any other conflict of interest or potential conflict of interest, the Panel should seek advice on how to address the matter.

PART 6 – RFT

16. Content: Subject to any formal advice from an advisor to the Panel, the RFT must follow the form of the Council’s template and:

16.1 identify the Contact Officer;


16.2 state an indicative timetable for the Tender Process (including at a minimum at least 21 days between publication of the RFT and the Closing Date);

16.3 describe the supplies or other requirements being tendered for with sufficient particularity and certainty so that prospective Tenderers may fairly assess the opportunity;

16.4 state the proposed Contract's terms and conditions with sufficient particularity and certainty – a Tender received is a contractual offer by the Tenderer, and so the terms of the offer must be legally certain and unambiguous;

16.5 state the evaluation criteria to be applied (but need not state the weighting given to each criterion);

16.6 require Tenderers to submit information targeted at those criteria;

16.7 so far as practicable, elicit all information the Panel would require to evaluate Tenders against the stated evaluation criteria;

16.8 elicit the same information from all prospective Tenderers;

16.9 not elicit information not relevant to the stated evaluation criteria.

17. Pre-publication: The RFT must not be published unless and until:

17.1 a budget allocation exists for the estimated cost to the Principal in performing the Contract;

17.2 a risk assessment of the proposed Contract has been undertaken by the relevant business unit / work group of the Principal;

17.3 the Panel has formed a view whether there are any special risks in the Tender Process that threaten a successful outcome consistent with probity requirements and, if so, devised a means of eliminating or minimising such risks;

17.4 the relevant business unit / work group of the Principal has approved the final draft of the RFT including that:

17.4.1 the supplies or other requirement are clearly stated;

17.4.2 the stated evaluation criteria are all that is appropriate;

17.4.3 the weighting given to each evaluation criteria is appropriate;

17.4.4 so far as practicable, the form of Tender required elicits all the information required to evaluate Tenders;

17.5 the Panel has approved the final draft of the RFT.

18. Publication: At a minimum, the RFT (if open to industry generally) will be:

18.1 made available on the SA Government contracts and tenders website;

18.2 flagged on the Council's website – with a link to the SA Government contracts and tenders website;

18.3 advertised at least once in the ‘Tenders Section’ of each of The Advertiser, The Australian and The Weekend Australian newspapers;


18.4 advertised in the Council’s Newsletter.

If a select tender, the RFT must be sent to prospective Tenderers as to be received by all of them on the same day.

PART 7 – INFORMATION FLOWS

19. Contact officer:

19.1 As stated in the RFT, only 1 employee (the Contact Officer) as named in the RFT is authorised to deal with enquiries from prospective Tenderers.

19.2 Should any other employee or an elected member receive an enquiry which relates to the Tender Process, he or she must decline to respond to the enquiry, and instead promptly refer the enquiry to the Contact Officer.

20. Responding to enquiries:

20.1 All contact with prospective Tenderers is to be documented, transparent and unbiased.

20.2 If the Contact Officer receives an oral enquiry, he or she should request the person making the enquiry to submit the request in writing (letter, fax or email).

20.3 The Contact Officer is to use good judgment in responding to enquiries, and is not to disclose any matter that would prejudice the Tender Process or any matter that is confidential or commercial-in-confidence to another party.

20.4 The Contact Officer should limit information provided to clarification of procedural issues. Any information given on procedural issues must be consistent with advice on the same issue previously given to any other prospective Tenderer. In no case is material information to be provided which gives, or has the potential to give, an unfair advantage to the enquirer.

20.5 If an enquiry is likely to bear on either price, the allocation of risks between the Principal and the successful Tenderer, or involves a technical issue about the nature or scope of the supplies or other requirement the subject of the RFT, the Contact Officer is not to respond to the substance of the enquiry except after:

20.5.1 the Contact Officer has consulted the business unit / work group concerned; and

20.5.2 the Panel has considered whether to cause the Principal to issue an addenda to the RFT that responds to the enquiry (without identifying the source of the enquiry).

20.6 In every case, the Contact Officer is to record the date, time and content of any communication to or from a prospective Tenderer and the name of that party.

20.7 At a Panel meeting, the Contact Officer is to table the record as to any enquiries received since the last Panel meeting.

20.8 Where appropriate, information provided to one Tenderer will be made available to the other Tenderers (without identifying any potential Tenderer who initiated the process). In addition, all RFT addenda are to be made available to all Tenderers in the same manner as the RFT.


PART 8 – ADDENDA

21. Addenda: The Principal must not issue an addendum except after the proposed addendum has completed the same process as paragraph 17 of this Plan requires for the RFT.

PART 9 – HANDLING OF TENDERS RECEIVED

22. Before the Closing Time: Pending the Closing Time, all Tenders received must be kept unopened and securely.

23. Late Tenders: A Tender received after the Closing Time must be rejected and not evaluated. Within 7 days after receipt, a late Tenderer must be informed in writing that its Tender was late and will not be considered.

24. Registration of Tenders: All Tenders will be registered and recorded on an RFT register by entering the time and date of receipt.

25. Opening of Tenders: A records staff member and 2 Panel Members will remove tenders from the Tender Box at the closing time and open tenders in a secure location (e.g. meeting room). These officers will be responsible for opening, signing Tender quotation form, initialling tender documents and registering the tenders received onto the Tender Register. The Records staff member will then enter tender documents into Council’s Electronic Document Records Management System (EDRMS). Tender documents will be handed to the Panel by the Records Staff member at the pre-arranged meeting time and date (to be included on the Tender Register Form (refer Appendix B). Panel Members will sign the Tender Register acknowledging receipt of the documents. All tender documents to be securely maintained by Records until provided to the Panel.

26. Notations: Notations must not be made on original Tender material.

27. Requests for clarification:

27.1 To enable the Panel to properly evaluate Tenders, it may be necessary for the Panel to request clarification of information provided in a Tender.

27.2 In each case, the Contact Officer will coordinate the clarification process. Clarification does not mean that Tenderers can revise their original offer – if in doubt whether additional information then submitted by a Tenderer is truly a clarification of tendered information, or effectively seeks to vary the existing Tender, the Panel may act on advice from an advisor to the Tender Process or, failing that, from a lawyer.

27.3 If a matter for clarification is relevant to 2 or more Tenderers, seek clarification from those Tenderers in the same form, at the same time (if by email, within minutes of each other), and for response within the same time period.

27.4 To the extent practicable, clarification will be sought in writing (email would suffice) and the response recorded in writing. Telephone the relevant Tenderers and advise an email is about to be sent to them – this is to confirm the Tenderer’s contact named on the Tender is not on leave and will be able to respond in the given timeframe.

27.5 If a Tenderer is invited to an interview or to make a presentation to the Panel, matters of clarification will also be documented.

27.6 Should Panel members be asked a specific question during an interview or presentation, they must provide a factual answer, never a personal opinion.

28. The Panel should not complete its evaluation until all clarifications being sought from Tenderers under paragraph 27 of this Plan are complete.


PART 10 – EVALUATION

29. Desired outcomes: As Local Government Act 1999 s. 49 requires, the desired outcome of the Tender Process and the Contract is for the Council to obtain value in the expenditure of public money. It is recognised that value for money is not solely about a cash price or fee, but includes consideration of all benefits and all risks to the Council over the whole life of the Contract. The purpose of the Tender Process is to identify providers (one or more) who can provide the desired outcomes.

30. Evaluation method: The Panel will evaluate Tenders in accordance with the evaluation methodology stated in the RFT and in this Plan. This methodology involves this process:

31. Step 1 - Screening of Tenders: A Tender may be excluded from further consideration if any of the following apply:

31.1 Not submitted before the Closing Time (mandatory exclusion).

31.2 Not submitted in accordance with the RFT's lodgement instructions (mandatory exclusion).

31.3 Not signed by or for the Tenderer.

31.4 Tender is incomplete in a material particular as to information the RFT required.

31.5 The Tenderer does not hold a government licence or trade qualification necessary to perform the Contract (mandatory exclusion, unless there is reasonable prospect of the Tenderer obtaining the requisite qualification prior to award of the Contract).

31.6 The Tenderer does not have, and has no reasonable prospect of obtaining, insurance of the kinds and levels of cover the RFT or the Contract requires.

31.7 The Tenderer proposes changes to risk allocations in a way materially adverse to the Council.

31.8 The Tender is clearly non-competitive and has no reasonable prospect of exhibiting the best value for money compared to other Tenders.

31.9 The Tenderer or its associate engaged in disqualifying behaviour of a kind stated in the RFT.

31.10 There is likely to be a material conflict of interest in the Tender or the Tenderer being considered.

The reasons for excluding a Tender at this stage must be defensible, clearly identified and noted in the minutes of the Panel.

32. Step 2 - Technical Evaluation of Tenders: Tenders will then be evaluated against a set of weighted evaluation criteria as stated in the Schedule of this Plan or, if in fact not identical with, as stated in the final RFT.

The Panel is to decide whether, and if so which Panel member, employee or advisor is to assess and report to the Panel:

32.1 on a Tenderer’s perceived or demonstrated financial ability; 32.2 on a Tenderer’s perceived or demonstrated operational ability; 32.3 on a Tenderer’s OH&S policy, quality policy, environmental policy or other contract

management Plans; 32.4 on any changes to risk allocation proposed by a Tenderer;


32.5 as to whether there is likely to be a conflict of interest for a Tenderer; and / or 32.6 on other matters bearing on an evaluation criterion.

The Tenderer’s ability to satisfy the qualitative criteria will be assessed on the basis of scores allocated by the Panel by consensus in response to questions relating to each criterion and then weighted as detailed in the Schedule or fixed in minutes before the issue of the RFT.

The scoring of Tenders will be based on the degree of achievement by the Tenderer of the requirements set out in the RFT. A maximum score for each criterion will be given if the achievement of the criterion is fully compliant, with no risks and weaknesses. The score will be reduced proportionate to the extent of non-conformities, discrepancies, errors, omissions, and risks for the Principal. Scoring will be based on the following allocation:

Score Description Full Description

100 Superior Highly convincing and credible. Tender demonstrates superior capability, capacity and experience relevant to the RFT's requirements. Comprehensively documented with all claims fully substantiated. Insignificant risk.

90 Outstanding Highly convincing and credible. Tender demonstrates outstanding capability, capacity and experience relevant to the RFT's requirements. Documentation provides complete details. All claims adequately demonstrated and substantiated. Very low risk.

80 Excellent Tender complies, is convincing and credible. Tender demonstrates excellent capability, capacity and experience relevant to the RFT's requirements. Some minor lack of substantiation, but the Tenderer’s overall claims are supported. Low risk

70 Very good Tender complies, is convincing and credible. Tender demonstrates very good capability, capacity and experience, relevant to the RFT's requirements. Minor uncertainties and shortcomings in the Tenderer’s claims or documentation. Low risk.

60 Good Tender complies and is credible but not completely convincing. Tender demonstrates adequate capability, capacity and experience, relevant to the RFT's requirements. Tenderer’s claims have some gaps. Medium risk.

50 Marginal Minimal achievement of the requirements specified in the RFT for that criterion. Some errors, risks, weaknesses or omissions, which may be possible to correct/overcome and make acceptable. Medium risk.

40 Limited Barely convincing. Tender has shortcomings and deficiencies in demonstrating the Tenderer’s capability, capacity and experience relevant to, or understanding of, the requirements of the RFT. High risk.

10-30 Poor to deficient

Unconvincing. No achievement of the RFT's requirements for that criterion. Existence of numerous errors, risks, weaknesses or omissions, which are difficult to correct/overcome and make acceptable. High risk.

0 Unacceptable Totally deficient and non-compliant for that criterion. Very high risk.

The score that each Tender receives will provide a numeric basis for comparison of the Tenders. The recommendation on the preferred Tender will be based on scoring comparisons.


33. Step 3 – Risk and Score Revision: Panel members must identify any risks associated with each Tenderer achieving the claims set out in its Tender. Individual assessments of perceived risk may vary among Panel members. Panel members will resolve variation as they are identified by discussion and the application of the risk assessment factors as detailed below. The Panel will then reach a consensus as to whether a risk actually exists and what the nature of that risk might be.

Following the identification of risks, an assessment of risk will be undertaken which involves considering the effect of the risk and the likelihood of each risk occurring. The risk effect and probability will then be combined to determine the overall magnitude of risk.

The assessed magnitude of risk will then be considered in the context of the rating scale in paragraph 32 of this Plan.

The effect of identified risks will be classified as below, depending on the nature of the identified risks:

Risk effect Description

High Very limited capability, capacity or experience and/or lack of understanding - likely to lead to some or all services not meeting the Principal's requirements.

Medium Some capability, capacity or experience and/or lack of understanding - may lead to some services not meeting the Council's requirements.

Low Satisfactory capability, capacity or experience and/or understanding - could lead to some services not meeting the Council's requirements in minor respects.

Insignificant Good capability, capacity or experience and/or understanding. Minimal or unimportant consequences to service provision.

The likelihood of identified risks will be classified as below:

Likelihood Description High Is expected to occur Medium Will probably occur in most instances Low Might occur at some time Rare May occur but only in exceptional circumstances Insignificant Not likely to occur

The assessment of risk magnitude is a function of risk effect and risk likelihood:

Risk likelihood Risk Effect

High Medium Low Rare Insignificant

High Very High Very High High Medium Low

Medium High High Medium Low Very Low

Low Low Low Low Very Low Insignificant

Insignificant Very Low Very Low Very Low Insignificant Insignificant Once the risk magnitude has been assessed, the level of risk attached to each Tender in relation to each evaluation criterion will contribute to the overall rating score given to a Tenderer against that criterion in accordance with the rating scale at paragraph 32 of this Plan.


34. Step 4 – Assessment of Price: "Value for money" will be assessed based on the combined outcomes of the assessments of the qualitative criteria + price + risk. In assessing "value for money", major factors to be considered include:

34.1 The quality of things to be supplied to the Principal - how well it meets the specified requirements.

34.2 Whole-of-life costs.

34.3 Benefits in buying locally and environmental benefits.

35. Alternative Tenders: The Panel must evaluate alternative Tenders in accordance with the evaluation methodology stated in the RFT and in this Plan.

PART 11 – REPORT

36. Content: On completion of the evaluation process, the final results will be documented in a Report that details (at a minimum):

36.1 a comprehensive record of the evaluation method;

36.2 the number of Tenders received;

36.3 the names of Tenderers;

36.4 the relative ranking of the Tenders based solely on the outcomes of the evaluations;

36.5 a recommendation as to the preferred Tender/s; and

36.6 the rationale used to select the preferred Tender/s.

The Report will also highlight any key issues that must be addressed via negotiation and / or require ongoing scrutiny once the Contract has commenced.

37. Approval: The final Report will be considered by the Panel and, if approved, signed by all Panel members.

38. Submission: The Report as approved by the Panel must be submitted to the project manager for the requirement of the RFT.

PART 12 – PREFERRED TENDERER

39. Selection: Until a final decision is made by the elected members or by the employee having sufficient delegated authority to accept the Report’s recommendation, no Tenderer is to be advised it is a preferred Tenderer.

40. Notification: A preferred Tenderer is to be notified in writing (and only in writing) that either:

40.1 its Tender is accepted; or

40.2 it is the preferred Tenderer and would be awarded the Contract, subject to successful negotiation of issues identified in that same writing.

41. Negotiations: If in negotiations with a preferred Tenderer the Tenderer proposes a significant change in risk allocation against the Principal or a substantive change in other terms and conditions of the Contract adverse to the Principal, the Principal’s negotiator should consider whether to abandon negotiations and re-start a Tender Process. All negotiation discussions and outcomes must be documented.


42. Contract: Once a Tender is unconditionally accepted, the relevant business unit / work group must ensure an engrossed form of the Contract is prepared, signed by all parties and an original of the Contract placed in safe-keeping.

PART 13 – UNSUCCESSFUL TENDERERS

43. Notification: After award of the Contract, the Principal should notify unsuccessful Tenderers in writing. Unsuccessful Tenderers should not be notified of the successful Tenderer other than by enquiry.

44. Debriefing: The RFT will state whether unsuccessful Tenderers will be offered the opportunity to be debriefed. The purpose of any debriefing is to assist a Tenderer to submit more competitive Tenders in the future by identifying ways in which the Tenderer’s offer could have been improved. No direct comparisons will be made with the successful Tender and the debriefing process will not be used to justify the selection of the successful Tender. A debriefing would be conducted by a Panel member or members and may be carried out by telephone, letter or by interview.

PART 14 – OTHER

45. Safe-keeping: Each following document is confidential, must be kept from unauthorised copying or distribution, and must be kept in safekeeping for at least 24 months after contract award (or longer as the Principal’s records policy requires):

45.1 minutes of the Panel and all drafts;

45.2 this Plan, in all editions and drafts;

45.3 a record of an enquiry from a prospective Tenderer, and any response;

45.4 all Tenders received – once opened Tenders must be promptly returned to safe-keeping when not being used for evaluation purposes;

45.5 working papers of an employee or advisor evaluating any of a Tender;

45.6 the Report and all drafts;

45.7 any correspondence or minutes of any interview or meeting with a Tenderer prior to contract award.

The Panel is to decide which employee is to have custody of hard copies of the above prior to contract award. Working papers (e.g., spreadsheets) created electronically are to be stored in the Principal’s EDRMS, with access restricted to Panel members and other persons authorised by the Panel.

46. Safe-keeping procedures:

Hard copy Tender material: must be kept in a locked cupboard when not in use; when not being read, must be turned upside down so that the information (including a Tenderer’s logo) cannot be seen by passers-by; if taken to a meeting room, not be left unattended.

Electronically accessible Tender Material: must be minimised on screen whilst any employee not involved in the Tender Process is present. Computers with access to Tender information must be locked when the authorised employee is away from his or her desk for any significant time.

The Report: The final Report should be submitted in hard copy in an internal envelope.


47. Statutory duties:

47.1 An elected member who is a Panel member or otherwise involved in the Tender Process, in that role must be mindful of his or her personal statutory duties under the Local Government Act 1999 s. 62 and s. 74, and observe any code of conduct applicable to them under s. 63.

47.2 An employee who is a Panel member or otherwise involved in the Tender Process, must in that role be mindful of his or her personal statutory duties under the Local Government Act 1999 s. 109 and s. 120, and observe any code of conduct applicable to them under s. 110.

47.3 A consultant who is a Panel member or otherwise involved in the Tender Process, must in that role be mindful of his or her personal statutory duty to disclose a conflict of interest under the Local Government Act 1999 s. 120, as made applicable by s. 120(8).

48. General law duties: The terms of engagement of an advisor in the Tender Process must include a duty of confidence to the Council as to all information gained in the Tender Process.

Purchasing, Contracts & Tendering (Statutory Policy Manual – 1.1.09) Attachment AR11/24378 Page 1 of 1

ATTACHMENT B

TENDER REGISTER RFT //……………..…/…..……………………………………….…..//

(RFT Number / Name)

Budget Allocation ……………..

Tenderers Name $ Amount (inc GST)

List Lowest to Highest

Trim Record Number

Notes

LATE TENDERS

Opening Tenders

Tenderers quote and other supporting documents to be initialled by all opening Officers.

Opening Officers 1) Panel Member 2) Panel Member 3) Records Staff Member

……………………………………… ……………………………………… ……………………………………… (Name) (Name) (Name)

This Section to be handwritten …………….Tenders opened as at ……… on ……../……../……..

(Number) (time) (Date) Opening Officers Initials 1)……....2)…..…..3)……....

Panel Meeting

Panel Meeting to Assess Tender Documents - Date/Time…………………………….………

Acknowledgement of Tender documents hand over to Panel by Records Department

1) Panel Member 2) Panel Member 3) Panel Member

……………………………………… ……………………………………… ……………………………………… (Signature) (Signature) (Signature)


ATTACHMENT C

Dealing with Council Land

(Developer initiated Expression of Interest (EOI) in Council Land)

1. Request that developer submit an EOI to the City Manager. The City Manager is to acknowledge receipt of the EOI and advise that the Council reserves the right to offer land that is not subject to any binding pre-commitment to the open market. Advise the developer of 2 below.

2. A report to be submitted to Council advising of the EOI. The report will be recommended to be kept confidential, and the EOI may be the subject of a confidentiality order pursuant to Section 90 and 91 of the Local Government Act 1999 ("the Act"). Council cannot guarantee that this information will be protected from disclosure where it is subject to an application under the Freedom of Information Act 1991 (Cth).

3. If the land is not classified as community land under the Act, then Council may consider whether the land is surplus to Council/community requirements. If so go to 5.

4. If the land is classified as community land under the Act, then Council may consider whether the land is surplus to community needs. If the land is considered surplus to community needs, it may then commence the revocation process under the Act and must consult with the community in accordance with s. 194 of the Act. In undertaking this process Council cannot prejudice and/or guarantee the outcome which will be subject to submissions received as part of the public consultation process.

5. An independent valuation of the land is to be commissioned by Council.

6. An advertisement is to be placed in the 'Transcontinental' and on a Thursday in the 'Advertiser' 2 weeks running to advise of the availability of the land for development and seeking EOI's in the land together with proposals for development. Developers registering an EOI are to be advised in accordance with 1 and 2 above.

7. Council will consider the EOI's and decide which, if any, EOI provides best value for the community and then may enter into a contract of sale of the land together with a Land Management Agreement (LMA) specifying that development must occur within a specified period with the successful proponent.

8. All survey and legal costs directly related to making the land available for sale are to be borne by the developer and be paid prior to or at settlement.

9. The sale of land will be conditional on and subject to a LMA being entered into between the Council and the developer which will contain an option for the Council to buy-back the land or part of the land, on terms to be negotiated, if the proposed development does not proceed or is not completed by a date determined by the Council and set out in the LMA.


ATTACHMENT D

RFT SPECIFICATIONS

1. Introduction

Fundamental to any major procurement is the specification or the definition of the scope of work.

These concepts are fundamental to the creation of contracts, which will ensure that Council obtains what it requires in accordance with the terms, conditions and performance criteria of the contract once it has been let.

2. Specification definitions

A specification may be defined as:-

“A document primarily for use in procurement which clearly and accurately describes the essential requirements for items, materials or services. It also includes the procedures by which it will be determined that the requirements have been met.”

Specifications may take the following forms:-

(a) Functional specifications – these are specifications which describe the purpose of the function that is to be performed rather than the technology or type of equipment required or the methods employed in construction or installation.

(b) Performance specifications – these detail required performance characteristics including, if appropriate, maximum and minimum performance criteria and methods of measuring performance. They are a logical extension of the functional specification.

(c) Material specifications – these state the physical characteristics for materials, either basic, semi-basic, semi-fabricated or compound and may be used in describing such materials as timber, leather, metal or paint.

(d) Technical specifications – this is usually a document which specifies full details (by way of comprehensive description) of the requirement. A detailed description of technical requirements stated in terms suitable to form the basis for the actual design, development, construction or production of an item of equipment or the performance of work. A technical specification will normally contain a physical description of items required, including such things as size, capacity, power, tolerances, materials, tensile strength etc. It will usually include detailed plans, designs, blueprints and technical drawings required for the construction and/or installation.

(e) Exemplar specifications – the exemplar specifications is one which is written around a particular item of equipment, or the provision of a service, which can be recognized by the bidders and where it is considered necessary to state quite precise requirements due to the need for some operational requirement.

1

Purchasing, Contracts & Tendering (Statutory Policy Manual – 1.1.09) Attachment AR11/19840

For the acquisition of consultancy services, the most likely forms of specification would be the performance or functional specification, with the technical specification being employed where a very precise description and definition of the requirement can be prepared. The exemplar specification is likely to severely limit the range of options offered in the tenders and is usually regarded as being restrictive and favouring the supplier of the exampled item or service.

3. Specification scope

The scope of work may be defined as:-

“A detailed listing of all the technical, procedural and professional activities which are expected to be carried out by the contractor in order to satisfy the Council that the intended outcomes of a project have been satisfied. The scope of work may specifically detail tasks which are not to be undertaken; or other technical, physical or operational boundaries which are not to be exceeded within the proposed contract.”

In a general sense, the scope of work does not replace a specification but may supplement the specification by providing a narrative description of the expected project outcomes. These outcomes may be regarded as the “deliverable’s” of the contract, a term frequently used in the systems or consulting environment. In other words, the deliverable’s represent what the contractor has to provide to the Council by the end of the project.

4. The Importance of the specification

(f) The specification constitutes the part of a contract document which is most likely to lead to problems between the parties and have the potential to create expensive legal disputes.

(g) The specification contains much of the performance criteria which will be fundamental to the contract once signed. The Council and the vendor will consider these documents at length, with the Council assessing the capacity of the vendor to meet the stated requirements, and the vendor seeking clarification of any issues which are unclear or which may not appear to be technically achievable.

(h) It is essential that potential vendors be given the opportunity to discuss the content of the specification during the evaluation phase. Once negotiations have been completed and a contract awarded, it will be assumed that both parties had an equally clear understanding of the requirements of the specification and that the vendor has a complete understanding of their commitments.

5. Benefits of functional & performance specifications

(i) Functional and performance specifications provide a major benefit to a buying organisation in that they encourage the development or submission of new and innovative ideas and solutions. The more traditional material or technical specifications tend to be written around existing solutions or known products, whereas functional and performance specifications have the capacity to allow the Council to state a requirement for certain outcomes to be achieved without specifying how that outcome will necessarily be achieved. The affect of this approach is to allow potential vendors to structure their submissions around a wider range of potential solutions than would otherwise be possible.

2


(j) Because the final solution may not necessarily be known when tenders are called, the use of functional and performance specifications means that a saving can result from the specification and evaluation of a detailed series of compliance tests. These specifications allow the Council to assess final submissions on their merits and on their capacity to meet the stated requirement.

While it may still involve some form of testing, it is unlikely to be as rigid or specific as required through other forms of specifications.

6. In summary, functional and performance specifications assist in the following:-

(k) achieving value for money;

(l) reducing time in the evaluation and assessment process;

(m) encourage open and effective competition;

(n) the early introduction of new technologies and concepts into the Council;

(o) they suit a purchasing environment which recognizes the importance of face to face negotiations with potential vendors.

3


ATTACHMENT E

PURCHASING, CONTRACTS AND TENDERING

PROBITY PROTOCOLS

In order to ensure that the objectives of Local Government in conducting each procurement process are satisfied, the following ‘probity protocols’ must be adhered to throughout the tendering process:

1. Hospitality

Participating personnel should not accept hospitality from bidders or potential bidders. In addition, participating personnel should note that that anyone offering hospitality may be a potential bidder or part of a bid consortium in the procurement process and should check whether parties issuing invitations are bidders or potential bidders in current market testing processes.

2. Confidentiality

Procedures should be adopted to ensure that confidential information is identified and, once identified, that access to that information is restricted to personnel who have given appropriate confidentiality undertakings. It is important that procedures are adopted to oversee the protection of this information and to ensure that restricted access is maintained.

3. Conflicts of Interest

It is important to ensure that appropriate mechanisms exist for dealing with any conflicts of interest which may arise during the procurement process. Where competing interests and priorities exist, appropriate procedures must be adopted to minimise or avoid situations where conflicts could arise. Conflicts of interest should be a standing item at the beginning of all applicable meetings whereby those present confirm that no conflicts have arisen since the last meeting.

Where individuals have a personal role in the procurement process, such as in evaluating bids, declarations of private interests will also be required prior to commencement of their involvement.

4. Communication with bidders

One of the key probity related principles is that all bidders must be treated fairly and equitably and consistently with the rules of procedural fairness and natural justice. To achieve this, arrangements should be established and documented for communicating with bidders during the procurement process to ensure that information will not be provided to any bidder which gives, or has the potential to give, an unfair advantage to that bidder.

Contact with bidders should only occur through a nominated contact point. Having established this point of contact it will then be necessary to consider what restrictions need to be placed on information given in response to bidders’ enquiries. Any communication with bidders should be documented with appropriate document management systems implemented.

5. Request for bids It is fundamental to the procurement process that all market invitations

provided to bidders are consistent and sufficiently comprehensive to permit bidders to be able to make informed decisions about whether to submit bids and, if so, to submit bids capable of complying with the stated bid requirements.

1


If it becomes necessary to change the procurement process, as a general rule,

these changes should be communicated to all bidders so as to minimise any potential detrimental outcomes for them. The ultimate strategy adopted depends on the degree of variation contemplated and should be assessed on a case by case basis.

6. Evaluation An evaluation or probity plan containing the procedures to be adopted in respect

of the receipt of bids and providing a clearly defined methodology for the evaluation of bids should be established prior to the opening of bids for future tenders.

Appropriate reporting processes should be established to confirm that compliance with the agreed evaluation methodology has been achieved and that the appropriate sign offs have been obtained in relation to compliance with these agreed processes.

7. Debriefs Procedures should be adopted in respect of the debriefing of unsuccessful

bidders. It is important that a standard approach be taken in respect of debriefing.

Bidders should generally be debriefed against the criteria against which they were assessed and, in accordance with Council policy, bidders should not be provided with information concerning other bidders, except for publicly available information and except in so far as comparative statements can be made without breaching confidentiality.

8. Elected Members Elected Members should not be involved in the procurement process.

Involvement by Elected Members prior to the award of contract will increase the risk profile of the process to unacceptable level. Elected Members are, by their office, subject to excessive levels of conflict, whether perceived or real. Any involvement of Elected Members in the procurement process will breach the separation of powers between the executive (Council Officers) and the legislature (Elected Members).

9. Overall Compliance

Council should consider engaging a probity adviser to ensure compliance with the probity principles. At the end of the procurement process as well as at key procurement process milestones, the probity adviser will report and sign off to the Chair of the Evaluation Committee on the level of compliance of the procurement process with relevant probity requirements.

2

Statutory Manual (Local Government Act 1999) Sale of Council Land Policy 1.1.12 Page 6 of 3

1. STATUTORY POLICY/PROCEDURES/CODES OF PRACTICE

1.1 LOCAL GOVERNMENT ACT 1999

Public Document? Council or Administration

POLICY NUMBER

1.1.12

Yes Council

PAGES

3

SUBJECT

DISPOSAL OF LAND AND ASSETS SALE OF COUNCIL LAND

COUNCIL MEETING

316 of 86/87

ISSUE DATE

16/3/1987

REVIEW DATE

28/2/05

MICA0259-6/2/07 MICA0308 – 22/6/09 MICA0306 – 6/5/10

AR11/1675–24/01/11

DELETED

DATE


INTERNAL REFERENCES

Local Government Act 1999

Administrative Process for Developer Initiated

Proposals & Expression Registrations of Interest involving

Council owned land – Attachment A (AR10/10996)

RELATED POLICIES

RESPONSIBLE OFFICER

Purchasing, Contracts & Tendering Policy – 1.1.09

Special Capital Reserve Fund Policy – 2.6.06

City Manager


1.1 In accordance with Section 49 of the Local Government Act 1999, Port Augusta City

Council has prepared and adopted this policy/procedure to ensure that the Disposal of Land and Assets is undertaken in a fair, transparent and accountable manner.

The Port Augusta City Council will prepare and adopt a policy in accordance with

Section 49 of the Local Government Act 1999, which sets out the procedure that the Council will follow for the sale of council owned land.

1.2 Council will ensure that its methods of sale and disposal of land are effective, meet

the needs of the community and represent best value for money.


2.0 PURPOSE 2.1 Council is committed to ensuring a fair, transparent and accountable process. 2.1 The Policy seeks to: 2.1.1 define the methods of which Land and Assets are disposed of; 2.1.2 demonstrate accountability and responsibility of Council to ratepayers; 2.1.3 be fair and equitable to all parties involved; 2.1.4 enable all processes to be monitored and recorded; and 2.1.5 ensure that the best possible outcome is achieved for the Council. 2.2 Furthermore, Section 49(a1) of the Act requires Council to develop and maintain

policies, practices and procedures directed towards: 2.2.1 obtaining value in the expenditure of public money; and 2.2.2 providing for ethical and fair treatment of participants; and 2.2.3 ensuring probity, accountability and transparency in all disposal processes. 2.3 However, this Policy does not cover: 2.3.1 Land sold by Council for the non-payment of rates; or 2.3.2 disposal of goods which are not owned by the Council, such as abandoned

vehicles; as these are dealt with in the Act.

3.0 DEFINITIONS In this Policy, unless the contrary intention appears, these words have the following

meanings: 3.1 Asset means any physical item that the Council owns and that has at any time been

treated pursuant to the Australian Accounting Standards as an ‘asset’, and includes Major Plant and Equipment and Minor Plant and Equipment. It does not include financial investments or finance related activities, trees or Land.

3.2 Land includes community land, vacant land, operational land, road reserves, any

legal interest in land, and any other land-related assets, including all buildings (community and operational) on Land.

3.3 Major Plant and Equipment includes all major machinery and equipment owned by

the Council. It includes all trucks, graders, other operating machinery and major plant items. It does not include Minor Plant and Equipment.

3.4 Minor Plant and Equipment includes all minor plant and equipment owned by

Council. It includes all loose tools, store items, furniture, second hand items removed from Major Plant and Equipment (such as air conditioners, bricks and pavers) and surplus bulk items (such as sand and gravel).

4.0 POLICY PRINCIPLES Council will have regard to the following principles in its disposal of Land and Assets: 4.1 Encouragement of open and effective competition; 4.2 Obtaining Value for Money; 4.2.1 This is not restricted to price alone. 4.2.2 An assessment of value for money must include consideration of (where

applicable): 4.2.2.1 the contribution to Council’s long term financial plan and strategic

management plans;


4.2.2.2 any relevant direct and indirect benefits to Council, both tangible and intangible;

4.2.2.3 the costs of various disposal methods; 4.2.2.4 internal administration costs; 4.2.2.5 risk exposure; and 4.2.2.6 the value of any associated environmental benefits. 4.3 Ethical Behaviour and Fair Dealing; Council is to behave with impartiality, fairness, independence, openness and

integrity in all discussions and negotiations. 4.4 Probity, Accountability, Transparency and Reporting; 4.5 Ensuring compliance with all relevant legislation, including the following: 4.5.1 Local Government Act 1999 (SA) 4.5.2 Real Property Act 1886 (SA) 4.5.3 Land and Business (Sale and Conveyancing) Act 1994 (SA) 4.5.4 Development Act 1993 (SA) 4.5.5 Retail and Commercial Leases Act 1995 (SA) 4.5.6 Residential Tenancies Act 1995 (SA) 4.5.7 Strata Titles Act 1988 (SA) 4.5.8 Crown Land Management Act 2009 (SA) 4.5.9 Community Titles Act 1996 (SA) 4.5.10 Roads (Opening and Closing) Act 1991 (SA) 4.5.11 Land Acquisition Act 1969 (SA) 5.0 RESPONSIBILITY & REVIEW

5.1 Director – City & Cultural Services 5.2 To be reviewed within 12 months after a General Election, in line with any

legislative changes or by resolution of Council. 5.3 Council may revise or review this Policy at any time (but not so as to affect any

process that has already commenced).

SECTION B 6.0 PROCEDURE 6.1 Considerations prior to Disposal of Land and Assets Any decisions to dispose of Land and Assets will be made after considering (where

applicable):

6.1.1 usefulness of the Land or Asset; 6.1.2 the current market value of the Land or Asset;


6.1.3 the annual cost of maintenance; 6.1.4 any alternative future use of the Land or Asset; 6.1.5 any duplication of the Land or Asset or the service provided by the Land or

Asset; 6.1.6 any impact the disposal of the Land or Asset may have on the community; 6.1.7 any cultural or historical significance of the Land or Asset; 6.1.8 the positive and negative impacts the disposal of the Land or Asset may

have on the operations of the Council; 6.1.9 the long term plans and strategic direction of the Council; 6.1.10 the remaining useful life, particularly of an Asset; 6.1.11 a benefit and risk analysis of the proposed disposal; 6.1.12 the results of any community consultation process; 6.1.13 any restrictions on the proposed disposal; 6.1.14 the content of any community land management plan; and 6.1.15 any other relevant policies of the Council, including:

6.1.15.1 its Internal Financial Controls Policy 1.1.11 and Prudential Management Policy 1.1.16.

6.2 Disposal Methods 6.2.1 Land Disposal

6.2.1.1 The Council may resolve to dispose of Land. 6.2.1.2 Where the Land forms or formed a road or part of a road, the

Council must ensure that the Land is closed under the Roads Opening and Closing Act 1991 (SA) prior to its disposal.

Further, that pursuant to Section 193(4a) of the Local

Government Act 1999, if the land is to be sold following being closed, Council should resolve before, or at the time of, the making of the relevant Road Process Order that it is to be excluded from classification as community land.

6.2.1.3 Where Land is classified as community land, the Council must: a) undertake public consultation in accordance with the Act

and the Council’s Public Consultation/Engagement Policy 1.1.08; and

b) ensure that the process for the revocation of the

classification of Land as community land has been concluded prior to its disposal; and

c) comply with all other requirements under the Act in respect

of the disposal of community land.

6.2.1.4 Where the Council proposes to disposal of Land through the grant of a leasehold interest, the Council must have complied with its obligations under the Act, including its public consultation obligations under Section 202 of the Act.


6.2.1.5 Where Council receives a proposal from a developer which

involves Council Land, an expression of interest process will be followed, to ensure that the best value for the community, and community comment is taken into account as part of the decision making process (refer to Administrative Process - Developer Initiated Proposal – Attachment A).

6.1 Council will dispose of surplus council land in either of the following circumstances: a) public auction b) tender c) developer initiated process d) registrations of interest 6.2 In the case of a public auction, a reasonable reserve price must be set prior to the

sale in liaison with the relevant real estate agent, AND is to be approved by the City Manager or the Council.

6.3 Furthermore, where either a Developer initiates a proposal or Council calls for

“Registrations of Interest” which involves Council land that is to be sold, the procedures as detailed below and as outlined in the Administrative Process – Developer Initiated Proposals/Registration of Interest involving Council owned land (FORA0795) will be followed.

f) Council reserves the right to be flexible in the manner in which the land is

to be sold, i.e. either by direct sale or by public auction, after due consideration has been given to any objections/representations received from the community.

6.2.1.5 The Council will, where appropriate, dispose of Land through one

of the following methods: a) open market sale – advertisement for disposal of the Land

through the local paper and where appropriate, a paper circulating in the State, or by procuring the services of a licensed real estate agent and/or auctioneer (following compliance with the Council’s Purchasing, Contracts and Tendering Policy 1.1.09;

b) expressions of interest – seeking expressions of interest for

the Land; c) select tender – seeking tenders from a selected group of

persons or companies; d) open tender – openly seeking bids through tenders,

including public auction; e) by negotiation – with owners of land adjoining the Land or

others with a pre-existing interest in the Land, or where the Land is to be used by a purchaser whose purpose for the Land is consistent with the Council’s strategic objectives for the Land.

6.2.1.6 Selection of a suitable disposal method will include consideration of

(where appropriate): a) the number of known potential purchasers of the Land; b) the original intention for the use of the Land; c) the current and possible preferred future use of the Land; d) the opportunity to promote local economic growth and

development;


e) delegation limits, taking into consideration accountability, responsibility, operation efficiency and urgency of the disposal;

f) the total estimated value of the disposal; and g) compliance with statutory and other obligations.

6.2.1.7 The Council will not dispose of Land to any Council Member or employee of the Council who has been involved in any process related to a decision to dispose of the Land and/or the establishment of a reserve price.

6.2.1.8 If Land is to be auctioned or placed on the open market or disposed of by an expression of interest, then (unless the Council resolves otherwise) one independent valuation must be obtained to establish the reserve price for the Land. The independent valuation must be made no more than 6 months prior to the proposed disposal.

6.2.1.9 If Land is to be disposed of via a select tender or direct sale, then (unless the Council resolves otherwise) a minimum of two independent valuations must be obtained to ensure that an appropriate market value is obtained. The independent valuation must be made no more than 6 months prior to the proposed disposal.

6.2.1.10 The Council will seek to dispose of Land at or above current market valuation by whichever method is likely to provide the Council with a maximum return, unless there are reasons for the Council to accept a lesser return which is consistent with the Council’s overall strategic direction. These reasons must be documented in writing.

6.2.1.11 If the disposal is not to be on the open market, the disposal should be at or above the current market valuation (with due regard to all associated costs to achieve the transaction or such other amount as the Council resolves).

6.2.2 Asset Disposal 6.2.2.1 The sale of Assets (both Major Plant and Equipment and Minor

Plant and Equipment) will be the responsibility of the relevant Council Officer.

6.2.2.2 The Council will, where appropriate, dispose of Assets through

one of the following methods: a) trade-in – trading in equipment to suppliers; b) expressions of interest – seeking expressions of interest

from buyers; c) select tender - seeking tenders from a selected group of

persons or companies; d) open tender – openly seeking bids through tenders; e) public auction – advertising fro auction through the local

paper and, where appropriate, a paper circulating in the State, or procuring the services of an auctioneer (following compliance with the Council’s Purchasing, Contracts and Tendering Policy 1.1.09).

6.2.2.3 Selection of a suitable method will include consideration of (where appropriate):

a) the public demand and interest is the Asset; b) the method most likely to return the highest revenue;


c) the value of the Asset and whether it is Major Plant and Equipment or Minor Plant and Equipment;

d) the costs of the disposal method compared to the expected

returns; and e) compliance with statutory and other obligations .

6.2.2.4 Elected Members and employees of the Council will not be permitted to purchase Assets unless the purchase is via an open tender process or a public auction, and the tender submitted or bid made is the highest.

6.2.2.5 Purchasers of Assets must be required to agree in writing that

before purchasing any Asset that no warranty is given by the Council in respect of the suitability and condition of the Asset for the purchaser and that the Council will not be responsible for the Asset in any respect following the sale.

6.3 Consultation

The Council must undertake public consultation in respect of its proposed disposals in accordance with the Act and its public consultation policies at all times.

6.4 Delegations

Sale/Disposal Delegation

1. Sale of Council Land Not delegated – remains with Council

2. Setting of Reserve Price Council or delegated to the City Manager on a case by

case basis (based on provisions of Clauses 6.2.1.8

and 6.2.1.9)

3. Disposal of Major Plant and Equipment

City Manager and sub-delegated by the City

Manager on a case by case basis.

4. Disposal of Minor Plant and Equipment

City Manager and sub-delegated by the City

Manager on a case by case basis.

6.5 Records

The Council must record reasons for utilising a specific disposal method and where it uses a disposal method other than a tendering process.

6.6 Exemptions from this Policy

This Policy contains general guidelines to be followed by the Council in its disposal activities. There may be emergencies, or disposals in which a tender process will not necessarily deliver best outcome for the Council, and other market approaches may be more appropriate. In certain circumstances, the Council may, after approval from its elected members, waive application of this Policy and pursue a method which will bring the best outcome for the Council. The Council must record its reasons in writing for waiving application of this Policy.



7.1 Director – City & Cultural Services will be responsible to ensure correct procedures

are adhered to in relation to the provisions of this Policy. Developer Initiated Proposals and Registrations of Interest.

7.2 Director – Corporate Service will be responsible for disposal of land in relation to

non-payment of rates.

8.0 AUDITS

8.1 Not applicable.

SECTION C 9.0 FORMS AND ATTACHMENTS

9.1 Administrative Process for Developer Initiated Proposals & Registrations of Interest

involving Council owned land – Attachment A (AR10/10996).


ATTACHMENT A

Administrative steps to be undertaken for a development proposal

where Council Land is involved (Developer Initiated Proposal)

Step 1 Developer to submit an interest in land to the City Manager. The City Manager is to then respond acknowledging receipt of the expression of interest and advising that whilst the Council may deal with him/her in relation to their proposal, the Council reserves the right to offer any land that is not subject to any binding pre-commitment to the market for a development proposal generally. The developer should also be advised of the provisions of Step 2 below.

Step 2 A report to be submitted to Council advising of the developer’s interest in the land. While this report will be recommended to be kept confidential, the developer must be informed that their advised interest in the land may, in the Council’s dealings with the developer, be able to be the subject of a confidentiality order pursuant to Section 90 and 91 of the Local Government Act 999. However, the Council cannot guarantee that this information will be protected from disclosure where it is subject to an application under the Freedom of Information Act.

Step 3 If the land is not classified as community land, Council to decide whether the land is surplus to Council/community requirements. If so go to Step 5.

Step 4 If the land is Community Land the Council will need to decide whether the land is surplus to community needs. If the Council considers the land surplus to community needs, it may then commence the revocation process and must consult with the community in accordance with Section 194 of the Local Government Act 1999. In undertaking this process Council cannot prejudice and/or guarantee the outcome which, of course, will be subject to submissions received as part of that public process.

Step 5 Council gain 2 independent valuations of the land.

Step 6 An advertisement be placed in the Transcontinental and on a Thursday in the Advertiser 2 weeks running to advise of the availability of the land for development and seeking expressions registrations of interest in the land together with proposals for its development. Those developers registering an interest in the land shall be advised in accordance with


Step 1 and 2 above.

Step 7 Council consider the expressions registrations of interest and decide which, if any, proposal provides best value for the community and then enter into a Contract of Sale of the land together with a Land Management Agreement specifying that development must occur within a defined period with the successful proponent.

Step 8 All survey and legal costs directly related to making the land available for sale shall be borne by the developer and be paid prior to settlement.

Step 9 Land may be transferred to a developer before the development occurs, but this transfer will be subject to a development agreement being entered into between the Council and the developer which will contain an option to be exercised by the Council at its discretion to reacquire the land (subject to fair compensation being the amount paid by a developer to the Council to acquire the land) if the proposed development does not proceed, or is not completed by a date determined by the Council and specified in the development agreement.

REPORT FOR: Operations Committee MEETING DATE: 10 December 2012 REPORT FROM: Director – City & Cultural Services REPORT TITLE: Adoption of Revised – Code of Conduct Elected Members

1.1.01, Public Consultation/Engagement Policy 1.1.08, Customer ‘First’ Service Charter 2.2.03 and new Social Media Policy 2.2.11

FILE NAME: F10/2082 RECORD NO: AR12/26435 STRATEGIC PLAN SUB GOAL/S 6.1 A professional effective, efficient & customer focused organisation, responsive to

the needs of the community. PURPOSE The purpose of this report is to provide Elected Members with an opportunity to consider amendments to several policies and the adoption of these and a new Social Media Policy 2.2.11. 2. RECOMMENDATION Operations Committee recommends Council: 1. Receives and notes the report (AR12/26435) dated 3 December 2012,

submitted by the Director – City & Cultural Services concerning “Adoption of Revised – Code of Conduct Elected Members 1.1.01, Public Consultation/Engagement Policy 1.1.08, Customer First Service Charter 2.2.03 and new Social Media Policy 2.2.11”.

2. Adopts the following policies as amended: a) Code of Conduct – Elected Members 1.1.01 b) Public Consultation/Engagement Policy 1.1.08 c) Customer First Service Charter 2.2.03 3. Notes that the revised draft Code of Conduct – Council Employees has

been forwarded to staff and various Industrial Associations for comment and a further report will be submitted to Council in early 2013 to enable consideration of any comments received as part of the review process of this Code.

4. Adopts the new Social Media Policy 2.2.11 5. Updates the Council Website and Policy Manual to reflect the new and

revised versions of these policies. 6. Resolves that the Social Media Policy will be classified as an

‘Administration’ Policy in regard to future review processes and updates the Document Control Policy 2.4.05 to reflect this requirement.

2 3. BACKGROUND Following investigations into improved consultation and engagement opportunities

with the community and consideration of Report (AR12/14058) Council at its meeting held on 23 July 2012, resolved:

1. Notes the amendments to Council’s public consultation/engagement practices,

including introduction of Social Media Policy. 2. Approves releasing the amended Public Consultation/Engagement Policy to the

community to enable comments to be received on the proposed change to the policy.

3. Notes that a comprehensive review is being undertaken of the Customer Service

Charter. 4. Provides Elected Members an opportunity to forward comment on the amended

Code of Conduct – Elected Members and new Social Media Policy to the Director City & Cultural Services by Friday 31 August 2012.

5. All policies will be forwarded to Council, once the Strategic Plan has been finalised

and following consideration of feedback from the community, Elected Members and staff, for formal adoption.

4. DISCUSSION 4.1 In regard to all of the above items for action the following has been

achieved: a) The Public Consultation/Engagement Policy 1.1.08 was released to

the community on 1 August 2012 and an advert was also placed in the Transcontinental seeking feedback in relation to the review of this Policy.

No submissions were received from the community as part of this

review process and it is recommended that the Public Consultation/Engagement Policy 1.1.08 be adopted as amended (refer Appendix B).

b) An updated ‘Customer Service Charter’ has been developed in

conjunction with staff, which outlines the level of service all staff should be aspiring to achieve. This policy has been developed taking into account Council resources.

Staff comments have been taken into consideration in developing

this new version of the Customer Service Charter 2.2.03 (refer Appendix C) and it is recommended that the policy be adopted as amended.

c) Elected Members were provided an opportunity to comment on the

amended Code of Conduct – Elected Members 1.1.01 (refer Appendix A) and draft Social Media Policy 2.2.11 (refer Appendix D) by Friday 31 August 2012. No comments were received from Elected Member and it is recommended that the Code of Conduct – Elected Members 1.1.01 be adopted as amended.

Some further minor amendments have been made to the Social

Media Policy 2.2.11, to ensure that relevant guidelines and procedures are available to staff and Elected Members following the introduction of social media platforms. It is recommended that the Social Media Policy 2.2.11 be adopted as amended.

3 d) The Code of Conduct – Council Employees has been updated to

include relevant guidelines in regard to access and management of social media platforms by an employee and this Code has been forwarded to staff and various Industrial Associations for comment.

Feedback is due by Friday 21 December 2012 and a further report

will be presented to Council in due course to enable any feedback to be considered as part of the review of this Code.

4.2 Council launched its new Port Augusta City Council Facebook site on

Wednesday 21 November 2012. 4.3 IT Department have also been working on updating the content of

Council’s Website. To ensure that the Council Website is dynamic, can be integrated with the new social media platforms, promotes Port Augusta and can be navigated easily, a new website design is being developed which will hopefully be launched in February 2013.

4.4 It is hoped that these initiatives will assist Council in networking more

closely with the community to share and gain information with and from the community.

4.5 As not all community members use computers, Council acknowledges the

need to maintain high levels of communication through other mediums e.g. letter drops, Transcontinental adverts and publications, Community Newsletter, brochures, meetings, GTS/BKN Television Interviews and so on.

4.6 Council’s Document Control Policy provides guidelines in regard to the

review process relating to Council and Administration ‘public’ policies/procedures. It is recommended that the Social Media policy, following adoption by Council, be subject to reviews by Management Team, with evidence of any amendments forwarded to Elected Members for information. If the intent or major content changes are required to ‘Administration’ policies, they will be forwarded to Council for consideration and adoption.

5. CONFIDENTIALITY PROVISIONS Not applicable. 6. RISK MANAGEMENT 6.1: Financial/Budget The cost to have a website design created is $37,500 which will be partly funded

from the branding budget allocation under the Economic Development Budget and part from the Information Technology budget. In addition, professional ‘community’ photos have been purchased, with the participant’s authorisation, to enable them to be included in various Council publications. The cost of these photos is $1,500.

6.2: Legal The Privacy Act requires Council to obtain permission to publish photos with

images of community members, who can be easily identified, to ensure their privacy is maintained.

6.3: Environment Not applicable.

4 6.4: Community

6.4.1 General The community will have access to relevant up-to-date information

on an ongoing basis through social media platforms, which will assist in keeping them informed in relation to Council activities.

6.4.2 OPAL Program

Not applicable.

LEE HERON 3/12/2012

Statutory Manual (Local Government Act 1999) Elected Members Statutory Code of Conduct 1.1.01 Page 5 of 10

5 APPENDIX A

1. STATUTORY POLICY/PROCEDURES/CODE OF PRACTICE

1.1 LOCAL GOVERNMENT ACT 1999

Public


POLICY NUMBER

1.1.01

Yes Council

PAGES

10

SUBJECT

STATUTORY CODE OF CONDUCT – ELECTED MEMBERS

COUNCIL MEETING

MICA0142

ISSUE DATE

4.10.00

REVIEW DATE

MICA0220-27/09/04 MICA0259-26/2/07

MICA0314 – 28/9/09 MICA0306 – 6/5/10

AR11/1676 – 24/1/11

DELETED DATE


INTERNAL REFERENCES

Section 63 Local Government Act 1999 Local Government (Elections) Act 1999 Criminal Law Consolidation Act 1935

Local Government Act 1999 – Extract Sections 73 &

74 – FORA1067 Attachment A

Declaration of Donated Gifts Form – AR12/21685 Attachment B

Elected Member Conduct Complaint Handling

Guidelines – Attachment C

RELATED POLICIES

RESPONSIBLE OFFICER

Social Media Policy 2.2.11 Public Statements Policy 2.2.01

Fraud & Corruption Prevention Policy 2.6.08 EM Caretaker Policy – 1.1.03

Use of Council’s Official Documents, Brand & Logo by Elected Members 2.2.04

Electronic Communications Management 2.7.01 Records Management 2.7.02

City Manager


1.1 The Port Augusta City Council values its tradition of integrity, responsibility and fair

dealing. The Council is committed to maintaining the highest standards in any business with the community and in the services that are provided.

1.2 This Code of Conduct is a public declaration of the principles of good conduct and

standards of behaviour that the Members of the Port Augusta City Council have agreed to demonstrate as elected community representatives.


6

1.3 The standards in this Code of Conduct are in addition to any statutory requirements of the Local Government Act 1999 or any other relevant Act or Regulation applicable to Council Members in the performance of their role and responsibilities.

2.0 PURPOSE

2.1 This document has been developed to assist Elected Members in achieving high standards and in providing guidelines for making day-to-day decisions.

2.2 The Port Augusta community is entitled to expect that:-

a) the business of Council will be conducted with efficiency, impartiality and

integrity; b) Elected Members will obey the spirit and letter of the law, particularly in

relation to all relevant statutes, regulations and statutory instruments; c) duty to the public will always have absolute priority over the private

interests of Elected Members. To achieve this Elected Members will: d) show commitment and discharge duties conscientiously and to the best of

their ability; e) act in a fair, honest and proper manner and according to the law; f) act with reasonable care and be diligent in the performance of their duties

and responsibilities; g) act in good faith and not for improper or ulterior motives; h) have due regard to the laws dealing with conflict of interest in relation to

their duties and behaviours and exercise the highest level of integrity expected of people holding public office.

i) not misuse their positions to gain an advantage for themselves or others or

to cause detriment to the Council; j) at all times behave in a manner that maintains and enhances the image of

the Council and/or does not reflect adversely on the Council; and k) be impartial in reaching Council decisions and accept the responsibilities

associated with those decisions.

2.3 This Code does not override any legislation applicable to, or administered by Local Government.


3.1 Director – City & Cultural Services

3.2 To be reviewed within 12 months after a General Election, in line with any legislative changes or by resolution of Council.

3.3 Council may at any time alter its Code of Conduct, or substitute a new Code of

Conduct.


7 SECTION B 4.0 PROCEDURE 4.1 Commitment to Code of Conduct The Members of the Port Augusta City Council are committed to discharging

duties conscientiously and to the best of their ability. Members will not at any time make improper use of their position as a Council Member or any information acquired in the course of their duties.

In addition to all legislative requirements, Elected Members by adopting this

code of conduct agree to abide by the Code and will observe the provisions of the Code in the performance of their role and responsibilities.

4.1 Voting at Council and Council Committee Meetings

4.1.1 The Council has a discretion to determine the way of voting at meetings.

The Council determined (Council Meeting 4th June 2001) that having regard to Regulation 17(4) of the Local Government (Procedures of Meetings) Regulation 2000, each Member at a relevant Council or Council Committee Meeting must, subject to any provision of the Local Government Act 1999 to the contrary, vote on a question arising for decision at that meeting.

4.2 Conflict and Disclosure of Interest

4.2.1 Introduction

4.2.1.1 It is essential that the public, when dealing with the Council, are

confident that when making decisions Council Staff and Council Members are free of any conflicts of interests.

4.2.1.2 Elected Members must ensure that opportunities do not exist for

their interest, or those of people close to them or organisations of which they hold a position of Office (or in some cases simply as an ordinary member of a sporting organisation ), to conflict with the impartial performance of their public or professional duties.

4.2.1.3 In considering whether or not there is a possible conflict of

interest, it is always important to think about how others would view a Member’s situation.

4.2.1.4 A conflict of interest can be pecuniary or non-pecuniary, and

would exist where:-

a) Members have a personal interest that could lead Members to be influenced in the way that Members carry out their Council work or public duties;

b) Members have a personal interest that could lead a fair

person to think that a Member could be influenced in the way that a Member would carry out their Council work or public duties.

c) a family member, relative, friend, associate or anybody

else close to a Member has an interest that could lead to a Member being influenced, or a fair person to think that a Member could be influenced, in the way that a Member would carry out their Council work or public duties.

4.2.1.5 Sections 73 & 74 of the Local Government Act 1999 in relation to

Conflict of Interest are attached.


8 4.2.2 Pecuniary Interest

4.2.2.1 Pecuniary interest is an interest that a person has in a matter because of a reasonable likelihood or expectation of financial gain or loss to the person or another person with whom that person is associated, (ie. spouse, partner or relative or nominee, partner or employer, or Member of a company or any other body).

4.2.2.2 Elected Members who have a direct or indirect financial interest

in a matter to be considered by Council must not take part in discussion or vote on that particular issue and therefore vacate the meeting room at the appropriate time.

4.2.3 Disclosure of Interest

4.2.3.1 An Elected Member’s conflict of interest does not arise until:-

a) a particular matter is listed on the agenda of a meeting;

and b) that matter is brought on for debate; and c) a Member “moves” and another Member “seconds” an

action motion. 4.2.3.2 Where there is an action motion, those Elected Members who may

have a conflict, must take into account whether the proposed action outcome will affect themselves in terms of benefits or detriments ( in the main this really means money – is the outcome going to bring money to the Elected Member, or are they going to loose money). Or is the person receiving the benefit or detriment, closely associated or related to the Elected Member in question (ie. relative, or employee of the Elected Member).

4.2.3.3 If an Elected Member believes they have a conflict, they must

declare what that conflict is and leave the room until the matter is decided (ie the resolution which is already on the floor, not any new or subsequent resolution which may arise from the debate on the matter.

4.2.3.4 It should be noted that:-

a) the question about a conflict of interest does not arise until

there is a "motion on the floor”, that is, a Member “moves” and another Elected Member “seconds” an action motion.

b) just to “receive” a “report” is not a particular action

motion therefore, there is no conflict. 4.2.3.5 It is the sole responsibility of each Elected Member to identify

and declare possible conflicts or Pecuniary Interests, and neither the City Manager nor Council can give formal advice on this, nor give permission to stay in the Chamber and vote.

4.2.3.6 Elected Members will adopt the position “that when in doubt, we

will go out”.

4.3 Personal Benefit

4.3.1 Use of Information

4.3.1.1 Elected Members must not use information obtained in the course of Council business for anything other than for Council purposes.


9 4.3.1.2 Elected Members must respect and maintain confidentiality, and

not at any time release to any person or organisation any documents that the Council has ordered be kept confidential or that have otherwise been delivered to them as a member of Council with an indication that they are confidential, whether or not they fall within the protocols of the Council’s confidentiality processes.

4.3.1.3 Ensure any information given to the media (taking into account

Council’s Public Statement Policy 2.2.01) in relation to the Council or Council decisions is accurate and not a misuse of information.

4.3.1.4 Information available to the public must be released in

accordance with official Council and statutory procedures.

4.3.2 Improper and Undue Influence

4.3.2.1 Elected Members should not take advantage of their position to influence other Elected Members of Council in the performance of their work in order to gain, either directly or indirectly, an undue or improper advantage or gain, either for himself or herself or for any other person or body.

4.3.2.2 Elected Members, as ratepayers can approach staff for

information and advice, however Elected Members should not approach any staff member without first conferring with the relevant Director responsible for the Officer. Such rights are not sacrificial by being elected to Council. If there is an issue to raise with staff it is always remembered and respected that the City Manager is responsible for all staff, therefore will ensure that organisational lines of responsibility are respected.

4.3.3 Gifts and Bribery

4.3.3.1 Gifts are offered for a number of different reasons from tokens of

appreciation to those, which could be considered bribes from tenderers, suppliers, developers or any other interested person.

4.3.3.2 Token gifts, which have not been solicited, do not have any

significant monetary value, are inconsequential or trivial and are not offered on a regular basis may be accepted but should be reported to the City Manager. The offer of any cash whatsoever is never considered acceptable.

4.3.3.3 Elected Members will take into account the following issues when

considering whether a gift is a token kind or hospitality is moderate :-

a) what an impartial observer may think; b) the scale, lavishness or expense/cost/value of the gift or

benefit; c) the frequency of occurrence; and d) the degree of openness surrounding the occasion or gift.

4.3.3.4 Elected Members should not seek any immediate or future gift,

reward or benefit for themselves or for any other person or body and should not accept any gift, other than described above, which in any way relates to their status with Council or their performance of any duty or work which is connected with Council.


10 4.3.3.5 All gifts and gratuities received by Elected Members in the course

of their roles and functions as an Elected Member at the Port Augusta City Council must be declared using the ‘Declaration of Donated Gifts” form (AR12/21685).

4.3.3.6 The form should be filled out and given to the City Manager for

approval before being forwarded to Executive Services for registering. Gifts (which include tickets to such tings as the Clipsal V8 Motor Races, Port Augusta Racing etc) should be declared before they are enjoyed.

4.3.3.7 Any gift received by an Elected Member is deemed to be the

property of the Port Augusta City Council. The City Manager will determine which gifts can be enjoyed by Elected Members.

4.3.3.8 No money, travel or accommodation should be accepted under

any circumstances. Only gifts of relatively low value should be accepted. If in any doubt, Elected Members should seek advice from the City Manager.

4.4 Conduct of Elected Members

4.4.1 Personal Behaviour

4.4.1.1 The Port Augusta City Council is committed to maintaining an

ethical workplace where Elected Members and Council Staff uphold the principles of honesty, integrity and impartiality.

4.4.1.2 Elected Members should not make any allegations, which are

improper or derogatory (unless both true and in the public interest) and must refrain from any form of conduct, in carrying out their official or professional duties, which might cause any reasonable personal offence or embarrassment.

4.4.1.3 Elected Members should at all times obey the law and act in good

faith in the interests of Council and the community. 4.4.1.4 Elected Members should represent and promote the interests of

the whole community.

4.4.1.5 As Elected Members carrying out their duties and responsibilities of Local Government, are expected to act in the interests of the local community, and should not engage in activities that are for party political purposes. Political opportunism in the Council Chamber is undesirable and will be censured.

4.4.2 Code of Conduct – Elected Members

4.4.2.1 Having regard to Regulations 17(3) of the Local Government

(Procedures at Meetings) Regulation 2000, the Council has determined that each Elected Member and non-elected Member at a relevant Council or Council Committee must, subject to any provision of the Local Government Act 1999, vote on a question arising for decision at that meeting.

4.4.3 Relationships between Elected Members and Council Staff

4.4.3.1 Elected Members and Council Staff should observe the highest

standards of honesty and integrity and avoid any form of conduct that would bring Council or its officers into disrepute.

4.4.3.2 Elected Members and Council Staff should be frank and honest in

their official dealings with each other.


11 4.4.3.3 Elected Members and Council Staff will have mutual respect for

and co-operate with each other to achieve the Council’s strategic goals and to implement the Council management strategies. Therefore, Elected Members will:-

a) accept that their role is a leadership, not a management or

administrative one;

b) acknowledge that they have no capacity to individually direct staff to carry out particular functions and actions;

c) refrain from publicly criticising staff in a way that casts

aspersions on their professional competence and credibility; d) seek to achieve a team approach when dealing with staff of

the Council and seek to achieve an environment of mutual respect and trust; and

e) ensure that the Council’s values are upheld in all

interactions.

4.4.3.4 Council’s OHS&W Policy provides that where an Elected Member has a grievance against an employee:-

a) An Elected Member of Council who desires to record a

grievance against an employee shall do so in writing to the City Manager; providing complete details of the allegations made and includes evidence to substantiate the allegations.

b) Pursuant to Section 107 of the Local Government Act 1999,

the City Manager is responsible for all human resource management.

4.4.4 Relationships between Elected Members

4.4.4.1 Elected Members will seek to establish a working relationship

with fellow Elected Members, to recognise and respect the diversity of opinion and seeks to achieve the best possible outcomes for the community; and

4.4.4.2 Interaction between Elected Members and with staff members,

will ensure that their behaviour is not and cannot be interpreted to constitute bullying and/or harassment.

4.4.5 Community Relationship 4.4.5.1 Elected Members will act with honesty and integrity and conduct

themselves in a way that generates community trust and confidence, and which enhances the role and image of the Council and of Local Government generally.

4.4.5.2 Elected Members will act in the best interests of the overall Council

area and the community, balancing the interest of all stakeholders.

4.5 Elected Members Access to Corporate Information

4.5.1 Elected Members will comply with proper, responsible and reasonable administrative practices in the performance of their profession or civic duties.


12 4.5.2 Elected Members will be given access to all Council held information

necessary for them to perform their duties and responsibilities as elected representatives. However, this does not signal that an Elected Member has a roving commission to inspect corporate information.

4.5.3 All requests to access corporate information by Elected Members are to be

referred to the City Manager and should be made in writing. If access is likely to unreasonably impact on Council resources (e.g. due to the volume of information being sought by the Elected Member) the City Manager may determine that access could be delayed. The timeframe for the release of the information, if resources would be unreasonably impacted upon, is to be negotiated between the Elected Member applying for access to the information and the City Manager.

4.5.4 When information is provided to one Elected Member all other Elected

Members will be given an opportunity to access a copy of the documents. 4.5.5 An Elected Member may require the City Manager to table any documents

of the Council relating to a motion that is before a meeting (and the City Manager must table the documents within a reasonable time, or at a time determined by the Presiding Member after taking into account the wishes of the meeting, and if the Elected Member who has required the tabling indicates he or she is unwilling to vote on the motion until the documents are tabled, then the matter must not be put to the vote until the documents are tabled) - (Regulation 19 of the Local Government (Procedures at Meetings) Regulations 2000).

4.5.6 Elected 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.

4.5.7 Information of an agreed confidential nature will not be communicated to

the community until the particular matter is no longer to be treated as confidential.

4.5.8 Information relating to decisions of the Council on development consents,

other approvals and permits will only be communicated in an official capacity by an appropriate designated employee of the Council.

4.5.9 The Local Government Act 1999 provides for penalties (Section 90 (5)) in

the event of a breach in meeting protocol, relating to confidential matters. 4.6 Reporting Corruption, Maladministration, Serious and Substantial Waste

4.6.1 It is the responsibility of all Elected Members to prevent corruption,

maladministration and wastage. Elected Members must report suspected actions.

4.6.1.1 All reports will be investigated unless they are :-

a) frivolous or with insufficient grounds and serving only to

cause annoyance; b) are made solely or substantially with the motive of avoiding

dismissal or disciplinary action; or c) primarily questions the merit of Council policy.

4.7 Travelling and Sustenance Expenses

4.7.1 Elected Members will only claim or accept travelling or sustenance

expenses that have a direct bearing on the services, policies and business of Council.


13

4.8 Corporate Obligations

4.8.1 Communication with the Community 4.8.1.1 Elected Members will promote accountability and responsibility

by actively seeking opportunities to communicate with the community and promoting community participation in all areas of decision-making.

4.8.2 Health, Well-Being and Safety

4.8.2.1 Elected Members will ensure that Council’s premises are safe,

that the smoke-free working environment is maintained and the health, safety and well being of Staff.

4.8.3 Professional Advice

4.8.3.1 Elected Members will ensure that Council Staff are not prevented

from giving appropriate qualified and professional advice to Council.

4.8.4 Entrepreneurial Activities

4.8.4.1 Council’s own proposals for entrepreneurial activities will be

subject to the same level of scrutiny as private subdivision and development applications.

4.8.5 Communication with the Media

4.8.5.1 Elected Members in dealing with the media will recognise that

the Principal Spokespersons for the Council are the Mayor and the City Manager (refer Policy 2.2.01 – Public Statements), unless Council has appointed another Member to undertake this role. In providing information to the media the Member will at all times ensure that the media is made aware that the views being expressed are personal views and not those of the Council unless specifically authorised by the Council to do so.

4.8.5.2 When making personal comments, Elected Members will show

respect for Council decisions, other Members and employees of the Council.

4.8.6 Social Media Activities

Elected Members should not express personal opinions on Council decisions or Council business nor be critical of the Council on Social Media Sites.

Elected Members are welcome to like the official Port Augusta City Council

sites and official posts, but are not permitted to comment or respond, on behalf of Council on any Council social media sites, to posts by users.

4.8.7 Councillor & Mayoral Candidates Use of Council Social Media Sites During Council elections, candidates are not permitted to use any of

Council’s social media platforms for electioneering.

4.9 Breaches of the Code

4.9.1 Commitment

4.9.1.1 The Port Augusta City Council is committed to the standards

outlined in the Council’s Code of Conduct and will take action if the Code or any relevant law is breached.


14 4.9.1.2 It should be noted that a breach of any of Council’s policies

related to this Code of Conduct (refer the front page of this Code) are also a breach of this Code.

4.9.2 Reporting of Breaches

4.9.2.1 Reporting of breaches of the Code are to firstly be made to the

Mayor or City Manager and will be made in writing setting out the details of the alleged breach.

4.9.3 Investigation of Breaches

4.9.3.1 Investigations into alleged breaches of the Elected Members’

Code of Conduct will be carried out in line with the Complaint Handling Guidelines as attached to the Code (refer Attachment C).

The principles of natural justice will be observed during any

investigation process.

4.10 Adoption and Availability of Code

4.10.1 The adoption of this Code will be by resolution of the Council. 4.10.2 Members of the public may inspect this Code of Conduct for Elected

Members on Council’s website (www.portaugusta.sa.gov.au under the heading The Council, then Council Documents, Council Policies, Statutory Manual) and at the principal office of the Port Augusta City Council at 4 Mackay Street, Port Augusta.

4.10.3 On payment of a fee, as approved by Council and included within Council’s

Fees and Charges Register a copy of this Code of Conduct may be obtained from the Council, or otherwise may be downloaded for free from the Council’s website.

4.10.4 Any queries in relation to this Code of Conduct should be directed to the

Director – City & Cultural Services on 86419100. 5.0 STAFF RESPONSIBILITIES

5.1 Director – City & Cultural Services

6.0 AUDITS

6.1 Not applicable. SECTION C 7.0 FORMS AND ATTACHMENTS

7.1 Local Government Act 1999 – Extract Sections 73 & 74 – FORA1067

(Attachment A)

7.2 Declaration of Donated Gifts Form – AR12/21685 (Attachment B) 7.3 Elected Members Conduct Complaint Handling Guidelines – Attachment C

Local Government Act 1999 Extract – Sections 73 & 74

Statutory Manual (Local Government Act 1999) Elected Members Statutory Code of Conduct 1.1.01Attachment A - FORA1067

ATTACHMENT A LOCAL GOVERNMENT ACT 1999 EXTRACT – SECTIONS 73 & 74

Division 3 – Conflict of interest 73 – Conflict of interest

(1) A member of a council has an interest in a matter before the council if- (a) the member or a person with whom the member is closely associated would, if the

matter were decided in a particular manner, receive or have a reasonable expectation of receiving a direct or indirect pecuniary benefit or suffer or have a reasonable expectation of suffering a direct or indirect pecuniary detriment; or

(b) the member or a person with whom the member is closely associated would, if the

matter were decided in a particular manner, obtain or have a reasonable expectation of obtaining a non-pecuniary benefit or suffer or have a reasonable expectation of suffering a non-pecuniary detriment,

(not being a benefit or detriment that would be enjoyed or suffered in common with all or a substantial proportion of the ratepayers, electors or residents of the area or a ward or some other substantial class of persons). (2) A person is closely associated with a member of a council- (a) if that person is a body corporate of which the member is a director or a member of

the governing body; or (b) if that person is a proprietary company in which the member is a shareholder; or (c) if that person is a beneficiary under a trust or any object of a discretionary trust of

which the member is a trustee; or (d) if that person is a partner of the member; or (e) if that person is the employer or an employee of the member; or (f) if that person is a person from whom the member has received or might reasonably be

expected to receive a fee, commission or other reward for providing professional or other services; or

(g) if that person is a relative of the member. (3) A member of a council who is a member, officer or employee of an agency or instrumentality of the Crown, will be regarded as having an interest in a matter before the council if the

matter directly concerns that agency or instrumentality but otherwise will not be regarded as having an interest in a matter by virtue of being a member, office or employee of the agency or instrumentality. (4) In this section- agency or instrumentality of the Crown includes- (a) an administrative unit of the Public Service; (b) a body corporate comprised of , or including or having a governing body comprised of or including, a Minister or Ministers of the Crown or a person or persons appointed by the Governor or a Minister or other agency or instrumentality of the Crown.



74-Members to disclose interests

(1) A member of a council who has an interest in a matter before the council must disclose the interest to the council. (2) A member in making a disclosure under subsection (1) must provide full and accurate details of the relevant interest. (3) A disclosure made under subsection (1) must be recorded in the minutes of the council (including details of the relevant interest). (4) A member of a council who has an interest in a matter before the council must not- (a) propose or second a motion relating to the matter; or (b) take part in discussion by the council relating to that matter; or (c) while such discussion is taking place, or in the close vicinity of, the room in which or

other place at which that matter is being discussed; or (d) vote in relation to that matter. (4a) The following qualifications apply: (a) subsections (1) and (4) do not apply- (i) to questions relating to allowances or benefits that a council is empowered to

pay to, or confer on, members, their spouses, domestic partner or members of their families; or

(ii) to matters of a class exempted by regulation from the provisions of those

subsections; or (iii) to matters in relation to which the Minister has granted an exemption from the

provisions of those subsections;

(b) a member of a council who has disclosed an interest under subsection (1) may, by permission of the council, attend during proceedings of the council on the relevant matter in order to ask or answer questions, provided that that meeting is open to the public, the member withdraws from the room after asking or answering the questions, and the member does not in any other way take part in any debate or vote on the matter;

(c) subsection (4) does not apply in relation to a matter in which the member has an

interest by virtue only of the fact that the member or a person closely associated with the member-

(i) is a member of, or director or member of the governing body of, a non- profit association; or (ii) is a member of a body (whether corporate or unincorporated) comprised of or including, or having a governing body comprised of or including, a person or persons appointed by the council; (d) a member does not contravene this section if the interest was unknown to the

member at the relevant time. (5) The fact that a member of members of a council have failed to comply with this section in

relation to a particular matter does not, of itself, invalidate a resolution or decision on that matter but, if it appears that the non-compliance may have had a decisive influence on the passing of the resolution or the making of the decision, the District Court may, on the application of the council, the Minister or a person affected by the resolution or decision, annul the resolution or decision and make such ancillary or consequential orders as it thinks fit.



(6) In this section- non-profit association means a body (whether corporate or unincorporated)-

(a) that does not have as its principal object or one of its principal objects the carrying on of a trade or the making of a profit; and

(b) that is so constituted that its profits (if any) must be applied towards the purposes for

which it is established and may not be distributed to its members, and includes the LGA.

Statutory Manual (Local Government Act 1999) Elected Members Statutory Code of Conduct 1.1.01 Attachment B – FORA1441

ATTACHMENT B

Employee & Elected Members Declaration of Gift

(As required by Policy 4.1.01 – Statutory Code of Conduct – Council Employees & Policy 1.1.08 – Statutory Code of Conduct – Elected Members)

Name Date Gift

Received Nature of Gift/Benefit Estimated

Value $ Date of City Manager approval if over $100

Gift/s utilised by/or referred to

Reference Notes: All gifts and gratuities by employees or Elected Members in the course of their employment or duties and functions as an Elected Member at the Port Augusta City

Council must be declared using this form. Gifts valued at greater than $100 require the City Manager’s approval. Any gift received by an employee is deemed to be the property of the employer. The City

Manager will determine which gifts can be enjoyed by employees/Elected Members. No money, travel or accommodation should be accepted under any circumstances. Only gifts of relatively low value should be accepted. If in any doubt, staff and

Elected Members should seek advice from either Directors or the City Manager.

*Please return completed form to the Executive Assistant*

ATTACHMENT C

ELECTED MEMBERS CONDUCT COMPLAINT HANDLING GUIDELINES

1. The Port Augusta City Council has adopted a Code of Conduct for Council Members. This Code of Conduct is a public declaration of the principles of good conduct and standards of behaviour that the Members of the Port Augusta City Council have agreed to demonstrate as elected community representatives. The standards in the Code of Conduct are in addition to any statutory requirements of the Local Government Act 1999 or any other relevant Act or Regulation applicable to Council Members in the performance of their role and responsibilities.

The guidelines set out the processes to support Council Members in complying with this

Code of Conduct and to address any complaints relating to the Code. 2. Behaviour Contrary to the Code of Conduct The Council sets out the processes to support Council Members in complying with the Code

of Conduct and to investigate and address any complaints made relating to the Code. 3. Complaint Handling Process 3.1 Making a Complaint A complaint made by any person that relates to an alleged breach of this Code of

Conduct must: a) be made in writing; and b) identify the provision(s) of this Code which it alleges have been breached

and provide all available evidence that supports the allegation(s) of breach; and

c) be delivered to the Mayor and/or City Manager (which includes any person

acting in the Office of Mayor or City Manager), in the case of a complaint against a Council Member; or

d) be delivered to the Deputy Mayor and/or City Manager in the case of a

complaint against the Mayor. Receipt of the complaint will be acknowledged to the complainant within 3 days of

receiving the complaint. The Council Member about whom the complaint has been made will be notified

within 3 days of receipt of the complaint and of its substance. The complaint will be treated with strict confidentiality until such time as it has

been fully investigated and finally determined, subject to satisfying the requirements of Section 90(3) of the Local Government Act 1999. The complainant will also be expected to observe confidentiality.

On receipt of a complaint the Mayor and/or City Manager or the Deputy Mayor, (as

the case may be), must bring the fact of the complaint but not the detail of the allegations to the attention of the Council at the next formal meeting of the Council and it is to be received by the Council in confidence, subject to meeting one or more of the grounds under Section 90(3) of the Local Government Act 1999.


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3.2 Referral of Complaints 3.2.1 Illegal Behaviour Where there has been an allegation of criminal or illegal behaviour, this

will not be investigated by the Council under this Code of Conduct but will, instead, be referred to the appropriate authority. For example, allegations of corruption will be referred to the Anti Corruption Branch of SAPOL; allegations of other illegal behaviour may be referred to SAPOL or to the Minister for State Local Government Relations.

To ensure any future investigation is not compromised, the Council Member

about whom the complaint is made will not be advised of the receipt of the complaint by the Council, or its referral to the investigation authority. Council will not be advised until after the investigating authority has completed its investigation.

3.2.2 Internal or External Investigation Where these has been an allegation of breach of the Council’s Code of

Conduct by a Council Member that is not criminal or illegal, the Mayor and City Manager will determine whether to investigate the issues raised within the complaint, or alternatively engage the Local Government Governance Panel to undertake the investigation process.

Complaints referred to the Governance Panel will specify the ground/s of

the complaint, set out the circumstances of the complaint and be accompanied by any other material that is available to support the complaint.

Following assessment of the complaint by the Governance Panel and after

considering the results of any investigations, a report will be prepared and provided by the Chair and will recommend to the respective Council appropriate action in relation to the matter, which may include mediation, specific training or counselling, and/or the issuing of an apology. The report may also provide the Council with recommended changes to its Code of Conduct to address a particular issue.

3.3 Assessment and investigation Process The following processes will be followed with respect to assessment and

investigation of complaints depending on the level of seriousness: 3.3.1 The Mayor/City Manager or Governance Panel may determine that no

further action should be taken with respect to an alleged breach where the Mayor/City Manager or Panel Chair determines that the allegation is frivolous or vexatious. In this case, if being investigated by the Governance Panel, the Panel Chair will prepare a report to that effect and provide it to the Mayor and City Manager.

3.3.2 If the Mayor/City Manager or Panel Chair identifies issues of substance that

warrant further investigation: 3.3.2.1 the investigation will be a thorough and balanced assessment of the

available evidence regarding the alleged breach, the relevant circumstances prevailing at the time of the alleged breach and any other factors deemed relevant to making a fair and reasonable judgement about the matter.


-3- 3.3.2.2 the Council Member the subject of the allegation(s) will be

provided with a reasonable opportunity to explain his/her actions and to make a written submission on the allegations. Any such submission will be provided to the Mayor/City Manager or Panel Chair.

3.3.2.3 the Mayor/City Manager or Panel Chair must provide the Council

with a final written report on the investigation undertaken within fourteen days of receiving written submissions from the person who made the complaint and/or the Council Member who is the subject of the complaint, or such longer period as the Council may determine.

3.3.2.4 if being investigated by the Governance Panel, the final report is

not received from the Panel Chair within fourteen days the Council will ascertain from the Panel Chair the time frame within which the Council may expect the final reports. If the Panel Chair forms the view that additional time will be needed to conclude the investigation and finalise the report the Panel Chair should bring this to the attention of the Council at the earliest convenience, but at the very least, before the expiration of the fourteen day timeframe.

3.3.2.5 if the final report makes recommendations that are punitive in

nature and recommends the application of penalties, the Council Member, the subject of the allegation(s), will be provided with a reasonable opportunity to comment in writing upon the contents and findings contained in the report and on the appropriateness of the proposed penalty. Such comment must be taken into account by the Council. The complainant is not able to comment, as procedural fairness attaches to the Council Member and not the complainant.

3.3.2.6 the report delivered to the Council is final. This is no right of

appeal on the report of the Governance Panel. 3.3.2.7 the final report will be presented at a Council Meeting in

confidence (ie public excluded), subject to Section 90(3) of the Local Government Act 1999 being satisfied.

3.3.2.8 after receipt of the final report from the Mayor/City Manager or

Governance Panel, the Council must convey to the Council Member who is the subject of the complaint and to the person who made the complaint, a copy of the investigation report and a copy of Council’s resolution in relation to the report.

3.3.2.9 the final report can be subject to a s.91(7) order of confidentiality,

with the exception that the report has been provided to both the Council Member and the complainant concerned.

3.4 Penalties 3.4.1 On receipt of the final report of the Mayor/City Manager or Governance

Panel the Council will determine an appropriate penalty based on a recommendation from the Mayor/City Manager or Governance Panel should there be a finding that there has been a breach of this Code of Conduct.

3.4.2 The Council has the power to impose the following penalties in relation to a

finding of a breach of the Code of Conduct: 3.4.2.1 censure the member of Council;


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3.4.2.2 request a public apology from the Council Member in relation to the breach;

3.4.2.3 recommend the Council Member undertake a particular training

course or receive appropriate instruction relevant to the breach; and in any such case the Council may:

3.4.2.4 make a public announcement of the complaint made against the

Council Member, the determination and the penalty imposed on the Council Member.

4. Confidentiality & Procedural Fairness All deliberations by the Council, and the Governance Panel in regard to an alleged breach

of the Elected Members’ Code of Conduct will be conducted in confidence, subject to satisfying the requirements of Section 90(3) of the Local Government Act 1999, and maintained as confidential until finally determined, at which time the Council must decide the ongoing status of the confidentiality order.

The principles of procedural fairness must be observed from the time of receipt of the

complaint and during the investigation of the complaint to final determination. The final report is to show due process and the reasons for reaching the decision.

Statutory Manual (Local Government Act 1999) Public Consultation – Policy 1.1.08 Page 23 of 4

APPENDIX B

1. STATUTORY POLICY/PROCEDURES/CODES OF

PRACTICE 1.1 LOCAL GOVERNMENT ACT 1999

Public


POLICY NUMBER

1.1.08

Yes Council

PAGES

4

SUBJECT

PUBLIC CONSULTATION & ENGAGEMENT

COUNCIL MEETING

MICA0176

ISSUE DATE

21/5/02

REVIEW DATE

25/10/04 MICA0259-26/2/07 MICA0306 – 25/5/09 MICA0318 – 14/12/09 MICA0306 – 6/5/10

AR12/3835 – 27/02/12

DELETED DATE


INTERNAL REFERENCES

Section 50 Local Government Act 1999

Public Consultation Policy – Schedule of

Requirements – Attachment A (AR10/6182)

RELATED POLICIES:

RESPONSIBLE OFFICER

Fees & Charges 2.6.03

Social Media Policy 2.2.11 Customer ‘First’ Service Charter 2.2.03

City Manager


1.1 Council must prepare and adopt a Public Consultation Policy in accordance with Section 50 of the Local Government Act 1999, which sets out the procedure that the Council will follow in cases where the Act requires that a Council must follow its Public Consultation Policy.

2.0 PURPOSE

2.1 The purpose of this Policy is to set out the ways in which the community can be involved in governance and decision making, through an effective public consultation process, and therefore meeting the requirements of the Local Government Act 1999.

2.2 Active participation in consultation opportunities will assist both the community

and the Council in creating awareness of issues in future Policy formulation, as well as the numerous administrative and governance decisions required in the operation and management of the Port Augusta City Council.


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2.3 This Policy confirms the Port Augusta City Council’s commitment to open, accountable and responsible decision making, facilitates effective consultation with its community, encourages community involvement through partnerships in planning and decision-making. It sets out the steps Council will take in relation to public consultation, and ensures that the most cost effective method of informing and involving the community which are appropriate for specific circumstances and consultation topics which are required under the Local Government Act 1999.

3.0 RESPONSIBILITY & REVIEW 3.1 Director – City & Cultural Services 3.2 To be reviewed within 12 months after a General Election, in line with any

legislative changes or by resolution of Council.

SECTION B 4.0 PROCEDURE

4.1 The objectives of this Policy are:-

4.1.1 to promote positive relations between the Council and its community; 4.1.2 to seek and take account of the views, issues and aspirations expressed by

the community and other stakeholders as required by the Act; 4.1.3 to pursue cost effective means of seeking and receiving feedback, as well

as providing information to the community; 4.1.4 give due and appropriate consideration to feedback received from

consultation in conjunction with implications and outcomes, especially in respect of budget commitments, and other legislative constraints and considerations;

4.1.5 to recognise that different issues may require different forms of

consultation.

4.2 This Policy is underpinned by the following principles, which are believed to be central to effective public consultation. The Council will:-

4.2.1 identify potential stakeholders in each specific circumstance; 4.2.2 ensure information is easily understood and accessible to identify

stakeholders, and include contact details for obtaining further information in all communication;

4.2.3 define the framework of the consultation process for each specific topic; 4.2.4 listen and respond to community views in a balanced way, taking into

account all submissions whatsoever; 4.2.5 promote Council decision-making which is open, transparent, responsive

and accountable to the community; 4.2.6 keep records and provide feedback about the reasons for decisions, where

relevant; 4.2.7 review and evaluate its Public Consultation Policy to ensure on-going

improvement in the way it involves the community and its statutory decision-making process.


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4.3 The Act often requires Council to follow its ‘public consultation policy’ in its decision making process. Listed below are the sections of the Act that provide for public consultation:

4.3.1 representation reviews – composition and wards (Section 12) 4.3.2 status of a council or change of various names (Section 13) 4.3.3 prudential reporting (Section 48) 4.3.4 public consultation policy (Section 50) 4.3.5 strategic management plan (Section 122) 4.3.6 annual budget and business plan (Section 123) 4.3.7 by-laws (Section 249) 4.3.8 order-making policy (Section 259) 4.3.9 opening hours of principal office (Section 45(3)) 4.3.10 code of practice – access to meetings and documents (Section 92(5)9b)) 4.3.11 basis of rating (Section 151(5)) 4.3.12 rating – differential rates (Section 156(14a) 4.3.13 community land – classification (193(4)) 4.3.14 revocation of classification of land as community land (Section 194(2)) 4.3.15 community land management plans (Section 197(1) and 198(2)) 4.3.16 alienation of community land by lease or licence (Section 202(2)) 4.3.17 street names (Section 219(2)) 4.3.18 granting of a prescribed authorisation or permit (Section 223) and 4.3.19 planting of trees/vegetation (Section 232) 4.3.20 removal of vehicles (Section 237) It should be noted that Items 4.3.1, 4.3.2, 4.3.4, 4.3.6, 4.3.11, 4.3.12 and 4.3.17

above provide specific processes in regard to the public consultation process required with respect to these Sections of the Act. Attached (AR10/6182) is a summary of the relevant consultation requirements of each provision.

4.4 The following process will be undertaken by the Council to fulfil the requirements

of this Policy:-

4.4.1 The Council will identify a range of options available to it, to communicate

information to a range of interested persons (including the general public) and invite submissions.

4.4.2 As a minimum, the Council will publish a notice in the local

Transcontinental Newspaper and Council’s Website (www.portaugusta.sa.gov.au), describing the matter for which public consultation is required, and inviting interested persons to make written submissions to the Council within a period being at least 28 days from the date of the notice.

4.4.3 In addition to the above, other options which the Council may choose to

utilise to engage, communicate information and invite submissions, include:-

4.4.3.1 a notice in The Advertiser;

4.4.3.2 letter/survey drops to residences, owners and occupiers (where appropriate);

4.4.3.3 telephone access line and/or the Internet;

4.4.3.4 media releases to radio, television and the print media;

4.4.3.5 letters to stakeholders;

4.4.3.6 erection of a sign on properties subject to a revocation proposal of the classification of community land;

4.4.3.7 public meetings;

4.3.3.8 registered email ;

4.3.3.9 social media platforms;


-4- 4.3.3.10 email (interest) distribution groups; 4.3.3.11 or any other means as determined by the Council.

4.4.4 Any step taken by the Council in addition to the minimum requirement set out above, will be at the absolute discretion of the Council, and dependent upon the particular topic or issue under consideration, the resources available to the Council, and the level of interest the topic or issue is likely to generate.

4.5 Communication/Engagement Action Planning

When staff are considering communicating with the community/stakeholders in regard to an issue/initiative/program, a Communication/Engagement Action Plan should be developed inline with the provisions of the guidelines attached in Attachment B.

4.6 This Policy will apply to Council Elected Members, staff, contractors, agents and consultants of the Council.

4.7 Any alteration or substitution of this Policy with a new Policy will require public consultation, unless the Council determines that the alteration or substitution is only of minor significance and would attract little or no community interest.

4.8 This Policy will be available for inspection at the Council’s principal office during ordinary business hours at no charge and is also located on Council’s Website under eservices – Council documents. Copies of this Policy may be obtained upon request at a cost to be determined from time to time by the Council.


5.1 The City Manager of the Council is responsible for:-

5.5.1 implementation of this Policy;

5.5.2 reporting on the Council’s success in meeting the objectives of this Policy;

5.5.3 reporting on the review and evaluation of this Policy.

6.0 AUDITS

6.1 Statistics in relation to Public Consultation will be included in Council’s Annual Report.

SECTION C 7.0 FORMS AND ATTACHMENTS 7.1 Public Consultation Policy – Schedule of Requirements – Attachment A ( AR10/6182) 7.2 Communication Action Planning – AR12/13938

F10/2926 AR12/13938 Page 27 of 50

ATTACHMENT A

Public Consultation Policy – Schedule of Requirements

TOPIC SECTION LEGISLATIVE REQUIREMENT Definition of Public Consultation

Interpretation Reference to Chapter, 4, Part 5 only

Representation Reviews Review and reporting

to the Electoral Commissioner

12 Representation Options Paper Public notice:

of the preparation of the representation options paper; and

inviting written submissions within a minimum period of 6 weeks.

Copy of notice to be published in newspaper circulating within its area.

Report Public notice:

informing public of the preparation and availability of the report; and

inviting written submissions within a minimum 3 week period.

Copy of notice to be published in newspaper circulating within its area.

Provide opportunity for person who makes written submission on report to appear personally or by representative before Council or a Council committee to be heard on submissions

Council must then finalise its report and refer to the Electoral Commissioner.

Status of a Council/ Change of Name Change from a

municipal council to a district council, or change from a district council to a municipal council

After the name of the council, the area of the council, or the name of a ward.

13 Public notice of the proposal inviting written submissions within a minimum period of 6 weeks, and publication of the notice in a newspaper circulating within its area

Provide opportunity for person who makes written submission to appear personally or by representative before Council or a Council committee to be heard on submissions

F10/2926 AR12/13938 Page 28 of 50

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Principal Office – Opening Hours

45 Consult in accordance with Council’s public consultation policy about the manner, places and times at which its offices will be open to the public for the transaction of business, and about any significant changes to these arrangements.

Commercial Activities – Prudential Requirements

48 (2) (d) 48 (5), (6)

Report addressing prudential issues to include the level of consultation with the

local community, including contact with persons who may be affected by the project and representations made by them

the means by which the community can influence or contribute to the project or its outcomes.

Public Consultation Policies

50 Requirements for preparation, adoption and alteration to Council’s public consultation policy.

Policy must set out steps that Council will follow in cases where the Act requires the Council to follow its public consultation policy

Policy may also set out steps to follow in other cases involving council decision making

Steps may vary according to the classes of decisions within the scope of the policy, but must provide persons with a reasonable opportunity to make submissions in relevant circumstances

Section 50 (4) sets out minimum steps that must be provided for in a public consultation policy as follows:

publish notice describing the matter under consideration in a newspaper circulating within the area, and inviting submissions within stated period (at least 21 days)

consideration by the Council of submissions made in response.

F10/2926 AR12/13938 Page 29 of 50

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Section 50 (6) requires the Council before it adopts, substitutes and/or alters a public consultation policy, to:

prepare a document that sets out its proposal; and

publish in a newspaper circulating throughout the State and a newspaper circulating within the area of Council a notice of the proposal inviting submissions within a minimum period of 1 month; and

consider any submissions received, unless the alteration is of minor significance.

Council’s public consultation policy is to be made available for inspection without charge at the principal office during ordinary office hours, and for purchase on payment of a fixed fee by Council.

Code of Practice – Access to Meetings and Documents

92 (5) Before a council adopts, alters or substitutes a code of practice under S 92 it must follow the relevant steps set out in its public consultation policy.

Strategic Management Plans

122 (6) Council must adopt a process or processes to ensure that members of the public are given a reasonable opportunity to be involved in the development and review of its strategic management plans.

Annual Business Plan 123 (3) Before Council adopts an annual business plan it must follow the relevant steps set out in its public consultation policy which must provide for as a minimum: publication of a notice in a

newspaper circulating in the area of Council informing the public of the draft annual business plan and inviting persons to – attend a public meeting on the

matter to be held at least 21 days after the publication of the notice; or

attend a meeting of Council to be held on a date stated in the notice at which members of the public may ask questions and make submissions for at least one hour; or

F10/2926 AR12/13938 Page 30 of 50

-4-

make written submissions within a minimum period of 21 days stated in the notice; and

Council to make arrangements for the public meeting or Council meeting and Council to consider written submissions made at public meeting or Council meeting;

draft annual business plan must be available at the public meeting or Council meeting above and for inspection (without charge) and purchase (on payment of a fee fixed by Council) at the principal office of the Council at least 7 days before that meeting.

Change to Basis of Rating Report

151 (6) Before Council changes the basis of rating of any land or changes the basis on which land is valued for the purposes of rating or changes the imposition of rates on land it must prepare a report on the proposed change and follow the relevant steps set out in its public consultation policy which must as a minimum provide for: publication of a notice in a

newspaper circulating in the area of Council describing the proposed change and informing the public of the preparation of the report and inviting persons to attend a public meeting in relation to the matter at least 21 days after publication of the notice or to make written submissions within a minimum period of 21 days; and

Council to organise the public meeting and Council to consider submissions made at that meeting or in writing.

Copies of the report must be available at the public meeting and for inspection (without charge) and purchase (on payment of a fee fixed by Council) at the principal office of the Council at least 21 days before the end of the public consultation period.

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Rating – Differential Rates

156 (14a) Before Council changes declaring differential rates on the basis of a differentiating factor under Sections 156(1)(a), (b)(c) to another factor it must prepare a report on the proposed change and follow the relevant steps set out in its public consultation policy which must as a minimum provide for: publication of a notice in a

newspaper circulating in the area describing the proposed change and informing public of the preparation of the report and inviting persons to attend a public meeting in relation to the matter at least 21 days after publication of the notice or to make written submissions within a minimum period of 21 days; and

Council to organise the public meeting and Council to consider submissions made at the meeting or in writing.

Copies of the report must be available at the public meeting and for inspection (without charge) and purchase (on payment of a fee fixed by Council) at the principal office of the Council at least 21 days before the end of the public consultation period.

Community Land Classification: All local government land (except a road) acquired by or brought under the care, control and management of Council is taken to have been classified as community land unless Council resolves before it becomes local government land to exclude it from classification. Revocation of classification of land as community land

S193 (4)

S194 (2)

Council must give notice in the Gazette of a resolution to exclude land from classification as community land under S193(4) of the Act.

Council must: follow the relevant steps set out in

its public consultation policy before revoking the classification of land as community land

F10/2926 AR12/13938 Page 32 of 50

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submit a proposal with a report on all submissions made as part of the public consultation process to the Minister.

Management Plans – Public Consultation Amendment or revocation of management plans NB: A Council cannot dispose of community land until revocation of its classification as community land.

S197 (1)

S 198

Before Council adopts a management plan for community land it must

make copies of the proposed plan available for inspection or purchase at the Council’s principal office

follow the relevant steps set out in its public consultation policy

give public notice of its adoption of a management plan.

Public consultation, as Council would be required to do for a new management plan, is to be carried out prior to adopting a proposal for amendment to, or revocation of, a management plan. Public consultation is not required if the amendment has no impact or no significant impact on the interests of the community.

Alienation by lease or licence NB: Specific provisions relate to the Adelaide Park Lands – under the Parklands Act 2005. Street Names

Where Council proposes to name the name of a public road that runs into the area of an adjoining council.

S 202

S219

Council must follow the relevant steps set out in its public consultation policy, before granting a lease or licence relating to community land. Exceptions apply in circumstances where: the grant of the lease or licence is

authorised in an approved management plan for the land, and the term of the proposed lease or licence is five years or less; or

the regulations provide for an exemption from compliance with a public consultation policy.

Council must give the adjoining Council at least two months notice of the propose change; and consider any representations made by the adjoining Council.

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-7- Authorisations/Permits Where road would be

fenced enclosed or portioned so as to impede passage of traffic to a material degree.

Use or activity for which public consultation required under regulations.

S 223 Council must follow the relevant steps set out in its public consultation policy before granting the authorisation or permit.

Roads – Trees S 232 Before planting or authorising planting of vegetation that may have a significant impact on residents, the proprietors of nearby businesses or advertisers in the area, council must follow the relevant steps set out in its public consultation policy.

Passing by-laws NB: No specific reference to Council’s Public Consultation Policy, but minimum standards apply.

S 249 At least 21 days before resolving to make a by-law, Council must make copies of the proposed by-law

(and any code, standard or other document proposed to be applied or incorporated by the by-law) available for public inspection without charge during ordinary office hours at the principal office of the Council

inform the public of the proposed by-law and set out the terms of the by-law or describe in general terms the nature and effect of the by-law, through a notice in a newspaper circulating in the area

give reasonable consideration to a written or other acceptable submission made on a proposed by-law

publish a notice of the making of a by-law in a newspaper circulating in the Council area.

Removal of Vehicles Vehicles left on a public road or public place, or on local government land for not less than 24 hours, may be removed by an authorised officer

S 237 (3) As soon as practicable after removal of a vehicle, the Council must: give written notice to the owner of

the vehicle of the removal and the place to which the vehicle was removed.

The notice must, where practicable, be served on the owner personally but if the owner is unknown or cannot be found, the notice may be given by advertisement in a newspaper circulating gene4rally in the State.

F10/2926 AR12/13938 Page 34 of 50

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Power to Make Orders Councils must take reasonable steps to prepare and adopt policies relating to power to make orders.

S 259(2) Council must prepare a draft of a policy by notice in a newspaper

circulating in the Council area, advise the place(s) where the draft is available for inspection (without charge) or purchase (on payment of a fee fixed by Council), and invite written representations on the draft with a period specified by the Council (at least four weeks)

consider any submission made in response to the invitation.

The requirements of S 259(2) also apply prior to Council adopting an amendment to a policy, unless Council determines that the amendment is of only minor significance.

F10/2926 AR12/13938 Page 35 of 50

COMMUNICATION/ENGAGEMENT ACTION PLANNING

Step One Situation Analysis 1. Determine and outline the background of the issue, initiative or

program and what Council’s related business objectives are. This helps clarify the answer to the question ‘Where are we?’.

2. Determine and outline your Council’s desired outcomes. This helps

clarify the answer to the question ‘Where could we be’. 3. Determine and outline which communication/engagement activities

will help achieve the desired outcomes. This helps clarify the answer to the question ‘How can we get there?’.

Example: 1. Background to the issue – Council has an under-utilised website 2. Desired Outcome – Website usage by residents and businesses has increased

significantly 3. Communication Activities – Ensuring the Council’s website address and the

benefits of using it are well promoted to residents and businesses.

Step Two Communication/Engagement Objectives The communication/engagement objectives we develop are formulated on the basis that if we were to achieve them, there is a very strong likelihood that our overall aims will be met. Collectively, the set of communications/engagement objectives answer the ‘How can we get there’ question. Example: Communication/Engagement Objective may be expressed as: To ensure the Council’s website address and the benefits of using it are well

promoted to residents and businesses. Once you’ve developed the communication/engagement objectives, check them for their logic and commonsense point of view to determine if they are likely to achieve your desired outcomes. If not, more work on these will be required. They need to be clear, realistic and measurable.

Step Three

Target Audience Now we need to think about who we need to reach with our communication/engagement activities and the best options available to reach them. Most of the time we are not trying to communicate/engage with ‘everyone’. This is because specific Council issues, initiatives and program usually only relate to segments of the population. Example: 1. An increase in dog registration fees – only needs to focus on dog owners. 2. Upcoming road works on a particular street – focus on those residents

affected. Issues are worth communicating to ‘everyone’ if there is justification. Example: It may be justified that we should target both dog owners and non-dog owners if we wish to increase levels of dog registration. The logic being that no-dog owners may have some influence over their dog-owner friends (e.g. via social pressure, guilt). Here it may be decided that dog-owners are the primary target, but non-dog owners are an important secondary target.

F10/2926 AR12/13938 Page 36 of 50

Step Four Research

Research helps us to make the decisions about the choices we need to make. There are many forms of research you can undertake for little or no cost. These include examining previous communication/engagement campaigns of other Councils on similar issues, internet research, secondary research (examining previous research conducted for other purposes) or just simply asking the right people a few questions (e.g. those who have previous experience). Major communication/engagement campaigns may require more extensive dedicated research (e.g. dedicated surveys, focus groups) to help ensure any significant outlay for communication/engagement will be effective.

Step Five Key Messages When developing your key messages you need to think about issues such as: 1) What outcomes your messages are intended to achieve (e.g.

behaviour change or attitude change or both) 2) How your audience/s currently think about the

issue/initiative/program issue. 3) The ‘benefit’ of your messages to your audience/s (consider “What’s

in it for me’ from their perspective) 4) Ensuring your messages are clear and very easy to understand Example: Using the example where the Council website is under-utilised, the following might be effective messages: 1) Save your business time and money by paying your rates online at Council

Website (business audience) 2) There’s so many great free things to do in your local area at any time…just

visit Council’s website to find out what’s on (resident audience)

Step Six Communication/Engagement Strategies and Methods Communication/Engagement Strategies are the actions you will take to get your messages across (e.g. conduct an awareness building campaign for Council’s Website). Communication/Engagement strategies can be further broken down into component strategies/actions. Examples: 1) Audit current Council Newsletters, brochures, signage, advertising and other

communication related material to ensure that Council’s website address is featured prominently

2) Ensure Council’s newsletter regularly communicates the benefits to residents and businesses of using the Council’s website.

Communication/Engagement strategies should always be assigned timeframes and responsibilities. It also pays to think about the following issues: 1) Who needs to be consulted (forewarned) before going ahead with

your communication/engagement. 2) Whether the communication/engagement may lead to any

controversy or significant demand increases on particular resources/assets (e.g. call centre or other Council staff) and how this may be managed effectively.

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Step

Seven Communication/Engagement Methods Communication/Engagement methods relate more to the ‘vehicles’ you will take to get your messages across (e.g. Council newsletter, brochures, signage, advertising, community forums). Your choices here should be influenced by: 1) where/who/what your audience/s are (i.e. demographics) 2) How well any vehicle ‘reaches’ your intended audience/s 3) The preferred vehicles of your intended audience/s 4) Complexity of your message (e.g. a billboard will not be effective in

communicating detailed information). 5) Whether you wish to create dialogue with your audience/s or simply

provide information 6) Associated costs. Refer Appendix 1 for Matrices to help your decision as to choice of communication vehicles.

Step Eight Budget and Resourcing You only have access to finite resources and there is always an ‘opportunity cost’ when selecting one course of action over another…so it’s important to: 1) be aware of and factor costs/resources in your decision making 2) Identify costs/recourses associated with various communication

strategies/actions. Step Nine Evaluation

Evaluation or success measurement is about examining how well your communication/engagement strategies have achieved your overall aims. Measuring your success and understanding the reasons for that success: 1) Will allow for fine-tuning of future strategies 2) Allows Council to justify the investment made in the communication

strategies undertaken. Evaluation should be planned for in advance of the communication/engagement and should involve the setting of various ‘key performance indicators’ (KPI’s). Communication/engagement related KPI’s to consider include indicators related to: 1) Actions (e.g. if one of our communication/engagement strategies is

to feature a regular article on Council’s website in the newsletter, the KPI might be An article on Council’s website appears in each edition of the newsletter).

2) Desired outcomes (e.g. 75% of residents who use the internet regularly have visited the Council’s website at least once in the last 12 months; 60% of residents are aware of Council’s website address; increase in website traffic by 20%).

Many KPIs we would like to measure have a direct cost or at least an associated opportunity cost. This needs to be considered when selected KPIs.

Format of Communication Action Plan Target Audience

Communication & Engagement Strategies/Actions

Key Messages

Timeframes KPIs Who Costs

Statutory Manual (Local Government Act 1999) Public Consultation – Policy 1.1.08Attachment B – AR12/13938

APPENDIX 1

Matrix 1 – Communication/Engagement Vehicles by type of issue Vehicle H

igh

im

pact –

C

ity W

ide

Hig

h

imp

act –

Local A

rea

Low

im

pact –

C

ity W

ide

Low

Im

pact

–

Local A

rea

Website 1 1 2 3

Email 2 2 3 3

Newsletter 2 2 2 3

Direct Mail Campaign 3 2 4 4

Letterbox Drop 3 2 4 4

Local press media column 2 3 3 3

Local press advertising 3 4 5 5

Media Release 3 3 3 3

Create Brochure 3 5 4 5

Social Media 3 3 3 3

Noticeboard/s 3 1 3 3

Displays 3 3 5 5

Vehicle Signage 5 5 5 5

Signage 3 3 3 3

On-hold phone messaging 3 5 3 5

Personal Contact 1 1 2 2

Events 3 3 3 3

Presentations 2 2 4 4

Public info Sessions 2 3 3 3

Annual Report 1 2 3 3

Internal communication 1 1 1 1

Legend: 1 = Always 2 = Most situations 3 = Dependant on situation (issue/program/timing) 4 = Seldom 5 = Very Seldom

High Impact issues are associated with: Significant impacts (real or perceived) on areas/issues of high value to community and potential for high levels of controversy or conflict. Low Impact issues are usually associated with low levels of controversy or conflict.

High Impact – City Wide: 1) removal of a whole of city service 2) building a new sporting/cultural facility at high cost High Impact – Local Area: 1) removal of prominent trees in a street 2) removal or relocation of local playground/park 3) revocation of community land in local area 4) local street works or closure Low Impact – City Wide: 1) improvements of city wide services 2) upgrade of regional park/facility 3) changes to customer services e.g. payment of rates 4) community events/celebrations Low Impact – Local Area: 1) improvements to local playground 2) local street or area upgrade


Matrix 2 – Reach This matrix highlights more effective communication/engagement vehicles according to various target groups.

Vehicle

Cou

nci

llors

Man

agem

ent

Sta

ff

Res

iden

ts

Bu

sin

esse

s

Med

ia

Sta

te G

ovt

Fed

eral

Gov

t

Clu

b/A

ssoc

.

Website X X X X X X X X X

Email X X X X X X X X X

Newsletter X X X X X X

Direct Mail Campaign X X X X

Letterbox drop X X

Local Press media column

X X

Local press advertising X X

Media release X X X X X X X X X

Create Brochure X X X X X

Social Media X

Noticeboard/s X X

Displays X

Vehicle Signage X

Signage X X

On-hold phone messaging

X X

Personal Contact X X X X X X X X

Events X X X X X

Presentations X X X X X X X X X

Public info sessions X X

Annual Report X X X

Internal communication X X X


APPENDIX C

2. OPERATIONAL UNITS POLICY/PROCEDURES 2.2 CITY MANAGEMENT - PUBLIC RELATIONS

Public Document?

Council or Administration POLICY NUMBER

2.2.03

Yes Administration

PAGES

4

SUBJECT

CUSTOMER FIRST SERVICE CHARTER

COUNCIL MEETING

MICA0221

ISSUE DATE

25/10/04

REVIEW DATE

MICA0259 -26/2/07 MICA0272 -24/9/07 MICA0306 – 6/5/10

AR11/3869 – 28/2/11

DELETED

DATE

EXTERNAL LEGISLATION:

INTERNAL REFERENCES:

RELATED POLICIES:

RESPONSIBLE OFFICER:

Port Augusta City Council – Appropriate

Naming Policy – 2.3.01 Customer Complaints Policy – 2.2.09

City Manager

SECTION A

1.0 POLICY STATEMENT

1.1 Providing a high level of customer service is a whole of organisation responsibility and all staff should aspire to being friendly, approachable, supportive and responsive to our customers needs.

1.2 Port Augusta City Council strives to provide excellent customer service to

its customers. Our customers are our residents, visitors, ratepayers, businesses, workers and contractors. The City is committed to a partnership with you, to achieve our 20 year Community Vision of a Thriving, Creative, Connected, Caring and Celebrating City.

We will Thrive by encouraging, supporting and facilitating economic

growth for the benefit of the whole community and always promoting the City and region in a positive manner.


We will Create a community that is nurturing and inspires leadership

throughout the community to achieve excellence in education, health, sport, recreation and the arts.

Through being Connected with our community we will work together

towards supporting and providing access to excellent services and infrastructure for our community as a whole, no matter what their cultural, religious, background or abilities are.

As a Caring City, we recognise the importance of protecting our unique

natural environment and commit to working with the community to protect the environment and our cultural and built heritage.

Celebrating our community’s cultural diversity, top location, and

community achievements which make our City so unique and such a great place to live, work, visit and play, will continue to be very important to us.

1.3 We will respect our customers, colleagues and Elected Members, and as

an organisation will endeavour to anticipate, and where possible, exceed our customers’ needs and expectations.

2.0 PURPOSE

2.1 The purpose of this policy is to identify the commitment to achieving customer service excellence and to provide guidelines as to how we will strive to deliver services in a professional, co-ordinated and timely manner.


3.1 All staff. 3.2 To be reviewed within 12 months after a General Election, in line with

any legislative changes or by resolution of Council.

SECTION B 4.0 PROCEDURE

4.1 Our Service Commitment:- This Customer First Service Charter guides the City’s partnership with

you. We value you as our customers, and have introduced this Charter as an expression of our firm commitment to providing a high standard of service, and ensuring consistency and sustainability in service delivery.

4.1.1 We are commited to: a) providing prompt, friendly, courteous and efficient

customer service; b) striving to excel in customer service through continuous

improvement, and implementation of new technologies; c) offering customer friendly systems and efficient

processes; d) actively seeking your feedback on our services to ensure

they meet your needs.


4.1.2 We invite you to: a) attend Council and Committee Meetings; b) attend local Community Forums and Expos to meet and

talk with City staff and hear about projects and programs;

c) make an appointment to speak to relevant Directors,

Managers or City Manager regarding issues that you require answers to.

4.1.3 What you can expect from us:

a) we will treat you courteously and respectfully and welcome your feedback on our services, our processes and our people;

b) we will always act with honesty and integrity; c) we will listen carefully to your concerns to ensure we

can determine the most appropriate way to address your request;

d) we will provide you with clear, accurate and timely

information; e) we will treat your personal information with

confidentiality; f) we will aim to exceed your expectation. g) we will check voicemail and email at regular intervals

and respond within the service standards listed in Clause 4.1.5 below.

4.1.4 How you can help us: a) by being courteous and respectful to our staff; b) by respecting the rights of other customers; c) by providing complete and accurate information in your

dealings with us; d) by helping us to recognise our people by telling us when

you have received excellent customer service; e) by advising us if your expectations have not been met in

our service delivery so we know how to improve our services.

4.1.5 Our Service Standards: a) we offer a 24 hour call centre service and aim to answer

your calls within 15 seconds; b) we aim to ensure that 80% of enquiries made in person at

our Customer Service Counters are attended to within 3 minutes;


c) when you write to us we will aim to respond within 10 business days. If the issue is complex we will keep you informed of our progress (refer Customer Complaints Policy 2.2.09);

d) when you email us we will aim to reply within 5 10

working days; if unable to respond to your request or query within this timeframe, you will be advised of the reason why and given a response time;

e) we will endeavour to reply to all messages, including

telephone messages and voicemail, within 24 hours; f) when you report a request for service it will be

immediately entered into our Customer Request Management system and you will be provided with a CRM number so that you can track the progress of the request at any time;

g) we will welcome you with a smile and a positive greeting

and when closing a conversation, use of positive closing such as ‘Thank you’ or ‘Thank you for calling’, ‘Goodbye’.

h) we will save emails (in/out) that need to be retained for

record keeping purposes within Council’s Electronic Records Management System.

4.1.6 Making a Complaint:

If we fall short in our service, or make a mistake, we encourage you to bring your concern to us directly so that the matter can be resolved promptly and to your satisfaction.

a) Any complaint regarding your dealings with the Council can

be addressed to: City Manager Port Augusta City Council PO Box 1704 PORT AUGUSTA SA 5700 b) Council also has formal Complaints and Compliments Policy

and Guidelines which outline the standards for quick and effective actioning of complaints. These documents can be addressed on Council’s website at www.portaugusta.sa.gov.au under the heading ‘Fast Find’ on the left hand side of the home page.

4.1.7 Giving Feedback: We want to hear from you and will listen to what you have to

say. You can contact us by: Telephone: (08) 86419100 (Monday to Friday (9am-5pm)). Email: [email protected]

Postal: Port Augusta City Council, PO Box 1704, PORT AUGUSTA SA 5700



5.1 The City Manager is ultimately responsible for the level of Customer

Service provided by the organisation, although responsibilities arising out of the implementation of Customer Service initiatives are delegated to all staff throughout the organisation.

5.2 All Directors and Managers are responsible for ensuring their respective

teams know, understand, are properly trained and deliver the appropriate levels of customer service.

5.3 All staff are responsible for implementing the relevant customer service

initiatives and pursuing the commitment and standards outlined in this policy.

5.4 Staff Appraisals will include reference to Customer Service standards and

each officer as part of their annual appraisal will be assessed as to their level of customer service. Training will be provided to those staff identified as requiring improvement in the area of customer service.

6.0 AUDITS

6.1 Annual Staff Appraisals will be undertaken annually and customer service levels for individual staff will be assessed and training provided where appropriate.


7.1 Not applicable.

Social Media Policy (Operational Units Manual – Policy 2.2.11) Page 45 of 5

APPENDIX D

2. OPERATIONAL UNITS POLICY/PROCEDURES 2.2 CITY MANAGEMENT – PUBLIC RELATIONS

Public


POLICY NUMBER

2.2.11

Yes Administration

PAGES

5

SUBJECT

SOCIAL MEDIA POLICY

COUNCIL MEETING

ISSUE DATE

REVIEW DATE

DELETED DATE


INTERNAL REFERENCES

Social Media Site Application (AR12/13980)

RELATED POLICIES

RESPONSIBLE OFFICER

Public Consultation Policy 1.1.08 Public Statements Policy 2.2.01

Code of Conduct – Elected Members 1.1.01

Code of Conduct – Council Employees 1.1.07

Customer ‘First’ Service Charter 2.2.03

City Manager


1.1 The emergence of social media is the biggest shift in communication practice since

the 1990’s, when websites and email became common place in conducting business, and the popularity of social media creates a new set of opportunities, challenges and risks for the Port Augusta City Council.

1.2 Social media are a group of web-based applications that enable the creation and

exchange of user-generated content. Social media occurs in a variety of formats including chat rooms, weblogs, social blogs, wikis, microblogging, podcasts, pictures, video, and rating and social bookmarking. Examples of social media include, but are not limited to Facebook, LinkedIn, MySpace, YouTube, Flickr and Twitter.


1.3 Port Augusta City Council acknowledges that the use of social media into the future

will provide increasing opportunities for dynamic communications with current and prospective customers, colleagues and stakeholders and to promote Council initiatives and complement existing communication by further improving information, access and delivery of key services.

1.4 It is therefore important that specific guidelines be implemented to ensure the

official use of social media by employees is undertaken within the boundaries and resource capabilities, as determined by Council.

2.0 PURPOSE

2.1 The intent of this policy is to provide understanding and guidance for the

appropriate official use of social media platforms and tools by Council Employees approved to utilise these sites to provide information to customers and stakeholders in regard to Council activities.


3.1 City Manager 3.2 To be reviewed within 12 months following a General Election, inline with any


SECTION B 4.0 PROCEDURE The Port Augusta City Council has determined that the use of social media will be utilised

as an one-way information sharing platform for keeping the community and stakeholders informed. to with the community and stakeholders. Authorised Council Employees will be responsible for distributing information, via social media platforms, in relation to Council activities.

4.1 Staff members who participate in social media on behalf of Port Augusta City

Council must ensure: a) appropriate approval processes are followed (refer Clause 4.4 below); b) they communicate and act in a professional and ethical manner; c) they take personal responsibility for information provided; d) no personal information about anyone is revealed; e) comply with Council’s Code of Conduct – Council Employees; f) any content posted through social media platforms is appropriate, accurate

informative and is not misleading; g) proprietary or confidential information should not be disclosed; h) intellectual property including copyrights, trademarks, brand, rights of

publicity and other third party rights online, including user-generated content must be respected and not used without permission from the creator or copyright owner;

i) they portray Council in a professional manner. 4.2 Directors must ensure that any use of social media is appropriately authorised,

meets organisational standards (e.g. branding) and that staff are aware of their responsibilities.


4.3 Authorisation of the use of social media, online communications and removal of

content remains the discretion of the City Manager. 4.4 The following Council sites and officers are approved to utilise social media

platforms and are responsible for maintaining these sites to ensure information is provided on a regular basis, is up-to-date and responses are provided were appropriate:

APPROVED COUNCIL SITES APPROVED OFFICERS 1) Port Augusta City Council – Civic Centre Authorised Customer

Service Officer 2) Port Augusta Cultural Centre – Yarta Purtli Arts Officer 3) Wadlata Outback Centre Manager - Tourism 4) Australian Arid Lands Botanic Gardens Media Consultant 5) Public Library Manager – Library 6) Aboriginal Community Engagement 7) Animal Control

ACE Officer General Inspectors

All other sites that would like to share information with the community, will be

required to forward their postings to their respective Directors for approval, which will then be passed onto the relevant officer within Council to post the information on the relevant social media platform.

All staff should refer to Clause 4.8 of this policy. 4.5 Any Council department that considers having direct access to a social media

platform would be beneficial to both the department and the community, and who can provide evidence that they have the relevant resources to manage the site appropriate, must seek approval as follows:

4.5.1 Approval Process The approved process for the planned use of social media platforms for content

distribution and promotional purposes is as follows: Where the use of social media to represent Port Augusta City Council is proposed,

the following process must be adhered: a) all proposals for a Port Augusta City Council social media presence must be

referred to respective Directors for initial consideration and endorsement; b) all proposals endorsed by Directors must be referred to the City Manager

for final approval; c) establishment, operation and currency of official Port Augusta City Council

social media sites are the responsibility of the Departmental Manager that established the presence.

4.6 Social Media as Records

Any information, images and footage distributed through a Social Media Platforms

in the conduct of Council business will be considered a record and need to be captured and maintained in accordance with the State Records Act 1997.

Definition of a record: Information created, received, and maintained as evidence and information by an

organisation or person, in pursuance of legal obligations or in the transaction of business (AS ISO 15489)

Where Social Media relates to Council business or adds value to other records, is

required as evidence of a decision or advice, it is a record.


The relevant Departmental Manager and Records Management staff will ensure as

far as is practicable that official Council Social Media platforms comply with these requirements. The Freedom of Information Act 1991 gives legally enforceable right of access to members of the public (subject to certain restrictions) to corporate records held by Council.

a) Social Media required for capture into Council’s Corporate Records

Management System: Staff utilising Social Media and are using Council’s Corporate EDRMS

(Electronic Document Records Management System) – TRIM System, are responsible for ensuring a ‘snap shot’ of published information is captured within the EDRMS regularly or as posted/updated.

Departments/Staff who are not yet operating within Council’s EDRMS

system and do not have access to the EDRMS, are responsible for ensuring a “snap shot’ of published information is forwarded to the Records Department for capturing into the EDRMS.

4.7 Social Media Principles The use of social media aims to: a) provide information to the community about Council services and projects; b) extend the reach of mainstream communication to a wider audience, and

direct the community to Council information, consultation, events and images;

c) provide promotional information in relation to tourism activities; d) build and enhance relationships with the community and stakeholders; e) engage with the community; f) promote Council as a professional and diverse organisation. 4.8 Employees Personal Use of Social Media Employees personal use of social media such as wiki’s, blogs and social

networks, during working hours is prohibited. Employees should not express or publish a personal opinion on Council generally or

about Council business via social media. Staff are welcome to like the official Port Augusta City Council sites and official posts, but are not permitted to respond to posts by users. If a post requires a response, it is the responsibility of the approved Council Officers to action a response in consultation with the relevant Director. 4.9 Elected Members’ Use of Social Media Council Members should be mindful of Council’s Code of Conduct when discussing or

commenting on Council matters. Generally, Council Members should not express personal opinions on Council decisions or Council business nor be critical of the Council.

Elected Members are welcome to like the official Port Augusta City Council sites

and official posts, but are not permitted to comment or respond, on behalf of Council on any Council social media sites, to posts by users.


4.10 Councillor & Mayoral Candidates Use of Council Social Media Sites During Council elections, candidates are not permitted to use any of Council’s

social media platforms for electioneering. 5.0 STAFF RESPONSIBILITIES

5.1 Staff Members and Elected Members must protect the reputation of the Port

Augusta City Council when using social media in a private capacity. 5.2 Staff and Elected Members are not authorised to comment, in a private capacity, in

relation to Council business on social media platforms. 5.3 A breach of this policy will be dealt with in accordance with the relevant Port

Augusta City Council’s Code of Conduct and may lead to disciplinary action including possible termination of employment or external investigation. Where inappropriate use under this policy constitutes a breach of any law, action may also be taken in accordance with the law by the Port Augusta City Council or concerned third parties.

5.4 Information Technology (IT) Department will be responsible for creating social

media sites.

6.0 AUDITS

6.1 Not applicable.


7.1 Use of Social Media Application Form – Appendix A (AR12/13980).

F10/2926 AR12/13980

SOCIAL MEDIA SITE APPLICATION

I, ………………………………... Manager/Authorised Officer of ……………………………. (Insert Department) seek authorisation of my Director ………………………………………………………………. (Print Director’s Name) to establish a Social Media Site for the purposes of ………………………………….. ……………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………….. ……………………………………………………………………………………………………………………….. …………………………………………………………………….. ……./……/…… (Signature) I, …………………………………………………. Director ………………………………………………… support/do not support the establishment of a Social Media Site as outlined above. ……………………………………………………………………. ……./……/…… (Signature) I, ………………………………………….. City Manager approve/do not approve the establishment of a Social Media Site as requested above. …………………………………………………………………….. ……/……/…… (Signature) Refer to Information Technology Department to establish a Social Media Site as approved above. Site developed and staff provided training. This document to be saved into TRIM. ……………………………………………………………………… ……/……/…… (Signature)

REPORT FOR: Operations Committee MEETING DATE: 10 December 2012 REPORT FROM: Director – City & Cultural Services REPORT TITLE: Adoption – New Model Internal Review of Council Decisions

Policy 1.1.05 FILE NAME: F10/2082 RECORD NO: AR12/24603 STRATEGIC PLAN SUB GOAL/S 6.1 A professional effective, efficient & customer focused organisation, responsive to

the needs of the community. PURPOSE To consider and adopt the new model Internal Review of Council Decisions Policy 1.1.05. 2. RECOMMENDATION Operations Committee recommends Council: 1. Receives and notes the report (AR12/24603) dated 3 December 2012,

submitted by the Director – City & Cultural Services concerning “Adoption – New Model Internal Review of Council Decisions Policy 1.1.05”.

2. Adopts the new model Internal Review of Council Decisions Policy 1.1.05. 3. BACKGROUND Council adopted the original ‘Internal Review of Council Decisions’ Policy in 2000

and this policy has been regularly reviewed since that time. 4. DISCUSSION 4.1 The SA Ombudsman has been pro-active in reviewing Council’s complaint,

request for service and review of Council Decision processes, to ensure that all Councils have practices and procedures it place to deal with issues raised by the community in a efficient and prompt manner.

4.2 As Council is aware, a new Complaint Handling Policy and Request for

Service Policy were adopted in February 2012 as part of this governance improvement initiative.

4.3 The Local Government Association recently released a Model Policy and

Procedure for Internal Review of a Council Decision. The Minister for State/Local Government Relations has advised the LGA that having reviewed the Model Policy and Procedure, that he has decided not to exercise his power to make Regulations under Section 270(3)(4a) of the Act.

2 4.4 This decision is predicated on the assumption that all Councils will adopt

the Model Policy and Procedure which fulfils that requirement of Section 270 of the Local Government Act 1999, for Council to develop and adopt an Internal Review of a Council Decision policy and procedure.

4.5 All staff have been given an opportunity to review the new updated

version of the Internal Review of a Council Decision Policy 1.1.05, and no suggested amendments or additions to the document have been received from staff.

4.6 It is therefore recommended that Council adopt the new Internal Review

of a Council Decision Policy 1.1.05 (AR12/24533). 5. CONFIDENTIALITY PROVISIONS Not applicable. 6. RISK MANAGEMENT 6.1: Financial/Budget Not applicable. 6.2: Legal Section 270 of the Local Government Act 1999 provides that Council must

develop and adopt of Policies, Practices and Procedures for dealing with- a) any reasonable request for the provision of a service by the Council or for

the improvement of a service provided by the Council; or b) complaints about the actions of the Council, employees of the Council, or

other persons acting on behalf of the Council. Council’s Complaint Handling Policy 2.2.09, Request for Service 2.2.10 and

Internal Review of a Council Decision 1.1.05 fulfils its obligations in regard to Section 270 of the Act.


6.4.1 General Council’s policies are available for easy access by the community

on Council’s Website www.portaugusta.sa.gov.au or alternatively a member of the public may view and/or purchase of copy of Council’s Policy from the Civic Centre Office.

6.4.2 OPAL Program

Not applicable. LEE HERON 3/12/2012

Internal Review of Council Decisions (Statutory Manual – Local Government Act 1999 – Policy 1.1.05)Page 3 of 21

3

1. STATUTORY POLICY/PROCEDURES/CODE OF

PRACTICE 1.1 LOCAL GOVERNMENT ACT 1999 - GOVERNANCE

Public Document?

Council or Administration POLICY NUMBER

1.1.05

Yes Council

PAGES

9

SUBJECT

INTERNAL REVIEW OF A COUNCIL DECISION

COUNCIL MEETING

ISSUE DATE

REVIEW DATE

DELETED DATE


INTERNAL REFERENCES

Section 270 Local Government Act

1999

N/A

RELATED POLICIES

RESPONSIBLE OFFICER

Customer Service Policy 2.2.03

Requests for Service Policy 2.2.10 Complaints Handling Policy 2.2.09

Whistleblowers Policy 2.4.01 Fraud & Corruption Policy 2.6.08

City Manager


1.1 This policy and procedure specifically addresses the manner in which requests for a

review of a previous decision of Council will be dealt with, and provides a fair, consistent and structured process for any party dissatisfied with a decision which has been made by Council or its agents.

1.2 Section 270 of the Local Government Act 1999 requires Council to maintain

‘policies, practices and procedures’ for dealing with requests for service and complaints including a procedure about the review of decisions of-

a) the Council; b) employees of the Council; and c) other persons acting on behalf of the Council.


4 1.3 Council has a three tier process for managing customer complaints, set out below,

which includes immediate, informal resolution as well as established processes for review by senior staff:

a) Immediate response to resolve the complaint. b) Complaint escalated to a more senior officer. c) Internal review of a Council decision by statutory process. The above processes are outlined fully within Council’s Complaint Policy 2.2.09 and

is available on Council’s website www.portaugusta.sa.gov.au, under the heading ‘The Council’, ‘Council Documents’, ‘Council Policies’ then click Operational Units Manual and scroll down to the relevant policy.

1.4 This policy/procedure for review of a decision commences at the point where: a) A request for the review of a decision is received; or b) A complaint escalates to Tier 3 under Council’s Complaint Handling Policy.

2.0 PURPOSE 2.1 The Port Augusta City Council’s procedure for internal review of Council decisions

has been adopted in accordance with Section 270 of the Local Government Act 1999. The procedure is one aspect of Council’s customer focussed approach to service delivery. It provides a further opportunity to review the way Council provides services to the community, and to identify areas for improvement.


3.1 City Manager 3.2 To be reviewed within 12 months after a General Election, in line with any


SECTION B 4.0 SCOPE

4.1 Key Principles The Internal Review of Council decisions policy are based on five principles, which

are fundamental in the way Council approaches requests for service, complaint handling and reviews of decisions. They are:

a) Fair Treatment: which requires impartiality, confidentiality and

transparency at all stages of the process. b) Accessibility: to be accessible there must be broad public awareness about

Council’s policies and procedures and a range of contact options. c) Responsiveness: this will be achieved by providing sufficient resources, well

trained staff and ongoing review and improvement of the systems. d) Integration of different areas of Council where the matter under review

overlaps functional responsibilities. 4.2 Application of Policy/Procedure This policy and procedure applies when reviewing decisions of Council as outlined

below:


5 Council also has defined procedures for dealing with complaints (Policy 2.2.09) and

requests for service (Policy 2.2.10). As a general rule, Council will promote these procedures in the first instance as they offer the potential for immediate resolution. An internal review is the third tier in Council’s complaints handling process. It will apply:

a) when matters cannot be resolved satisfactorily; b) when a decision has to be reviewed by the elected Council (see …

Assignment of application for review). 4.3 Matters outside the scope of the Policy and Procedure Other provisions in the Local Government Act 1999 prescribe appeal arrangements

in certain circumstances. For example: a) objections to valuations made by a Council and appeals against orders made

pursuant to Section 254 of the Local Government Act 1999. Other legislation that has its own prescribed appeal procedures, include: b) the Development Act 1993 c) the Freedom of Information Act 1991.

While Council prefers to work with its customers to resolve requests for review quickly and effectively, an applicant will always retain the right to seek other forms of resolution, such as contacting the Ombudsman, or taking legal action at any time. Note however that as a general rule, the Ombudsman prefers that matters be addressed by Council in the first instance, unless this is not appropriate in the circumstances (refer Council’s Protocol – Ombudsman Enquiry Procedure – Appendix A).

4.4 Council’s Commitment Council, its committees, staff and contractors make decisions every day which

impact on members of the community. It is imperative that these decisions are fair, objective and subject to review.

Council is committed to open, responsive and accountable government. This

includes providing processes by which citizens adversely affected by a decision of Council can have their grievances considered.

This policy and procedure will be widely accessible to ensure that customers are

fully aware of their right to request the review of a decision and the process that will be followed.

Everyone will be treated equally, in accordance with good administrative practice.

Council’s procedures are designed to ensure that: a) Every applicant has the opportunity to make an application for review of a

decision covered by this procedure. b) An unbiased assessment is undertaken. c) Decisions are based on sound evidence. d) Applicants receive information about the outcome of the review. 4.5 Interpretation 4.5.1 Alternative Dispute Resolution includes mediation, conciliation or neutral

evaluation as set out in Section 271 of the Local Government Act 1999.


6 4.5.2 Applicant is the party lodging the requests for review. Examples include

residents, ratepayers, members of a community group, users of Council facilities and visitors to the area.

4.5.3 Business Day means a day when the Council is normally open for business

(i.e. Monday to Friday, excluding public holidays). 4.5.4 Council refers to the Port Augusta City Council. 4.5.5 Decision is a position adopted by Council or its employees. It will generally

be a judgement reached after consideration of relevant information. 4.5.6 Decision-maker refers to the individual or entity responsible for the

decision under review. 4.5.7 Employee includes a person employed directly by the Council in a full time,

part time or casual capacity (whether that position is permanent or contractual) and persons providing services to, or on behalf of, the Council even though they may be employed by another party.

4.5.8 Reviewer refers to the individual or entity responsible for resolution of a

request for review of a decision.

5.0 PROCEDURE 5.1 Making an application An application for a review of a Council decision provides Council with an

opportunity to revisit a decision which has aggrieved an interested party. This may include an individual or a group, ratepayer, resident or business owner. Depending on the particular circumstances, it may also include a person who is not the direct subject of the decision. (For example, where a Council issues a permit for a person to keep more than the maximum number of dogs permitted under a by-law, a neighbour may seek an internal review of the decision). Council will determine whether a person has a sufficient interest to apply for an internal review of a decision, on a case-by-case basis.

An application for review must be in writing and set out the reasons for applying for

the review (that is, why the applicant believes that the decision is wrong). Although Council can be expected to have information and material relevant to the matter under review, an application for review may also include new, relevant information or evidence to support the application.

5.2 Assisting with the application for review It is essential that no one is excluded from lodging an application for review

because of any difficulties they may have representing themselves. All staff are expected to offer assistance where appropriate and provide it on request, including assistance in documenting the reasons for the review in writing when circumstances warrant.

If necessary arrange access to interpreters, aids or advocates to ensure that an

applicant is treated equitably. 5.3 Internal Review Contact Officer An Internal Review Contact Officer (IRCO) appointed by the City Manager is the

initial point of contact for applicants. The role of the Internal Review Contact Officer is to:


7 a) explain the procedure to the applicant and explore any alternative options

to resolve the matter, such as alternative dispute resolution prior to an application for review.

b) acknowledge receipt of the application c) maintain a register of all applications for review and the outcomes of the

applications. d) outline the timeframes involved and the action to be taken in the first

instance. e) undertake a preliminary investigation to determine what actions have

already been taken to try to resolve the matter. f) keep the applicant informed of progress g) ensure adequate records are maintained h) report to Council at prescribed intervals on all applications lodged for

review.

All applications are to be referred to the IRCO immediately, including meeting with the applicant or transferring a telephone call when contact is first made.

5.4 Acknowledging an application for review The IRCO is responsible for: a) working in conjunction with the appropriately delegated officer to

determine how the review will be handled. b) advising the applicant of the process to be undertaken and the time of the

next contact. c) ensuring the application is properly lodged and assigned. Applications for a review of a decision must be responded to within (10) business

days, acknowledging receipt and advising of the expecting timeframe for dealing with the matter. Council will use its best endeavours to ensure that a review of the original decision will be completed within (21) business days. However if the decision is to be reviewed by Council, a committee, or an external panel there may be delays caused by meeting cycle timelines. In more complex cases, a review may take longer.

The applicant will be regularly informed of progress, either by email, letter or

telephone. 5.5 Applications for a review of the impact of rates or services charges If Council receives an application for a review of a decision concerning the financial

impact of Council rates or services charges, these will be dealt with as a matter of priority. Where circumstances warrant, Council will consider financial relief or the granting of concessions in line with the provisions of the Local Government Act 1999.

5.6 Undertaking a Review 5.6.1 Assignment of applications for review The elected Council will be the reviewer: a) when the decision being reviewed was made by the elected

Council, a Committee of the Council or the City Manager.


8

b) when the decision relates to civic and ceremonial matters. c) in other circumstances as determined by the City Manager or

resolution of the Council. Council is also responsible for determining who will undertake the

investigation and the preparation of a report for Council consideration. (This may be the City Manager, his/her delegate, or an expert party from outside the organisation).

5.6.2 Selection of Reviewer Where the elected Council is not the reviewer, a review methodology to

suit the nature of the internal review to be undertaken will be chosen from the following:

a) City Manager. b) A panel comprised of Council Members and Senior Staff. c) A panel of experts external to the organisation. d) The assistance of an external person, qualified in the specific area

of review. 5.6.3 Role of reviewer The role of a reviewer is to review the decision in question to ensure that

the decision-maker complied with the following procedural requirements and made the best possible decision in the circumstances:

a) The decision must be within a power properly conferred on the

decision-maker under the relevant Act. b) A decision-maker must consider all matters which are relevant to

the making of the decision and not take into account matters which are not relevant to the decision.

c) A decision-maker must not make a decision or exercise a power or

discretion in bad faith or for an improper purpose. d) A decision-maker must ensure that findings of fact are based on

evidence. e) Decisions must be reasonable. f) Those who may be affected by a decision must be accorded

procedural fairness, which includes the principles of natural justice.

g) A decision-maker must properly consider the application of existing

policies. h) A decision-maker must not exercise a discretionary power at the

direction of another person. 5.6.4 Review Process In carrying out a review of a decision, the reviewer will consider all the

information and material that was before the original decision-maker and any additional relevant information or material provided by the applicant. The reviewer will ‘stand in the shoes’ of the original decision-maker and make the best decision available on the evidence.


9 This means the reviewer will do more than simply consider whether the

decision is legally and procedurally correct. The reviewer will also consider whether a different decision would be better, based on the evidence. The process of merits review, as described above, will typically involve a review of the facts that support a decision, including any new evidence that may come to light.

5.6.5 Providing ‘Procedural Fairness’ Council will observe the principles of procedural fairness (also called

‘natural justice’) when exercising its statutory powers which could affect the rights and interests of individuals.

Put simply, ‘procedural fairness’ involves: a) Giving an applicant a right to put their case forward. This will

generally involve giving an applicant the opportunity to provide all relevant documentary evidence, rather than an oral hearing;

b) Ensuring that the reviewer does not have a personal interest in the

outcome (is not biased); and c) Acting only on proper evidence that is capable of proving the case. 5.6.6 Giving Reasons While there is no statutory requirement to give reasons for a decision,

Council will provide reasons for the decision of the reviewer where practicable.

Council will always give reasons to explain the outcome where: a) A decision is not in accordance with published policy; b) A decision is likely to detrimentally affect rights or interests of

individuals (or organisations) in a material way; or c) Conditions are attached to any approval, consent, permit, licence

or other authorisation. 5.6.7 Refusing an application for review A Council, or a person assigned to consider the application, may refuse to

consider an application for review if- a) the application is made by an employee of the Council and relates

to an issue concerning his or her employment; or b) it appears that the application is frivolous or vexatious; or c) the applicant does not have sufficient interest in the matter. Refusing an application for review will not be done lightly and reasons for

the refusal will document the evidence on which a refusal is based. 5.7 Remedies Where the review of a decision upholds the applicant’s grievance, an appropriate

remedy or response will be determined which is consistent and fair for both Council and applicant. The remedy chosen will be proportionate and appropriate to the failure identified.


10 As a general principle the applicant will, so far as possible, be put in the position

he or she would have been in, had the decision not been made. This may mean changing a decision. Where circumstances are such that it is not possible to return to the original situation, or to rectify the outcome of the decision, it may only be possible to offer an apology.

The range of other possible outcomes includes: a) an explanation

b) mediation

c) an admission of fault

d) a change to policy, procedure or practice

e) a correction of misleading records

f) financial compensation, including a refund of any fees

g) the waiving of a debt

h) the remission of a penalty

i) disciplinary action

j) referral of a matter to an external agency for further investigation or prosecution.

The remedy or response may be one, or a combination of these actions. The chosen

remedy will be proportionate and appropriate to the failure in service and take account of what the applicant is seeking as an outcome of the review.

If an apology is required it will be done promptly and the applicant advised that

appropriate action will be taken to ensure the problem is not repeated. Compensation will only be offered in cases where the loss or suffering is considered

substantial. The Council itself and the City Manager are the only people authorised to offer financial compensation and this will only occur after consultation with the Local Government Association Mutual Liability Scheme.

When advising an applicant of the outcome of a review, information will also be

provided about alternative remedies, including any rights of appeal and the right to make a complaint to an external agency such as the SA Ombudsman.

5.8 Reporting All applications will be recorded in Council’s Records Management System in such a

way that the information can also be analysed for service improvement opportunities.

The IRCO records the following information about all applications for review: a) the number of applications for review made b) the kinds of matters to which the applications relate c) the outcome of applications d) such other matters as may be prescribed by the regulations. The IRCO will submit a report to Council annually about Section 270 applications for

review of a decision, including: e) the numbers of applications for review made under the Section f) the kinds of matters to which the applications relate g) the outcomes of applications under this Section. The IRCO will also provide information on how the outcomes have been used to

improve Council’s customer service, policies, procedures and practices.


11 This information, as specified in Section 270(8), will be included in Council’s Annual

Report.

6.0 STAFF RESPONSIBILITIES 6.1 Records Management Staff are to ensure all documents, notes, photographs and correspondence are

retained and stored in accordance with Council’s Records Management System as required by Section 125 of the Local Government Act 1999.

All applications must be recorded in Council’s Record Management System in such a

way that the information can also be analysed for service improvement opportunities.

6.2 Internal Review Contact Officer The Director – City & Cultural Services has been appointed as Council’s Internal

Review Contact Officer.

7.0 AUDITS

7.1 Not applicable.


8.1 Protocol – Ombudsman Enquiry Procedure – Appendix A

12

APPENDIX A

PROTOCOL – OMBUDSMAN’S ENQUIRY PROCEDURE

A Guide for Councils

December 2010

Complaints Policy (Operational Units Manual – 1.1.05) Attachment AR11/825

1. Purpose The purpose of this protocol is to ensure that Councils and Council staff are aware of the procedures applied by the SA Ombudsman’s Office in dealing with complaints it receives relating to Councils. It is also intended to facilitate the prompt and proper response by Councils to enquiries or investigations arising from these complaints, to ensure the proper documentation and record-keeping in a Council’s records management system and appropriate internal communication through the levels of management. 2. Background Information 2.1 Under the Ombudsman Act 1972, the Ombudsman may investigate matters

raised by complainants or referred from other sources. Complaints can be made to the office via: Personal visit Letter Email contact via the SA Ombudsman’s website

http://www.ombudsman.sa.gov.au/index.php?page=contactus Telephone.

2.2 In many cases, an Assessment Officer from the Ombudsman’s office undertakes

preliminary enquiries to seek further information from the complainant and/or the Council to determine whether there are grounds to commence a full investigation. A preliminary enquiry may include an enquiry by telephone or email to any officer in the Council. These preliminary enquiries are usually directed to the officer directly involved in the matter about which the complaint is made.

2.3 If, in the first instance, the Assessment Officer considers there is sufficient

information and the complaint warrants a full investigation, this may commence without any further preliminary enquiries.

2.4 If a complainant has not complained first to the Council, it is Ombudsman policy

to refer the matter back to the Council in the first instance, to enable the Council to address the complaint. However, depending on the circumstances, this may not be appropriate (for example, a complaint made under the Whistleblowers Protection Act 1993).

2.5 The Ombudsman will always consider whether there are any underlying systemic

issues in complaints which warrant investigation and this can lead to the widening of an investigation beyond the particular issue raised by a complainant. There are also issues that arise independently of complaints and investigations of these issues may be conducted on the Ombudsman’s own initiative (s.13 (2) of the Ombudsman Act).

2.6 A copy of the investigation framework for Ombudsman’s investigations is

attached - see Attachment A. 3. Protocols 3.1 Subject to the requirements of the Ombudsman Act, the Ombudsman can

determine the procedure for an investigation. The procedure may therefore vary from case to case. The Ombudsman may also, at any time, decide to attempt to deal with the complaint through conciliation.

Preliminary Enquiries


3.2 The Ombudsman has no obligation to inform a Council that a preliminary inquiry is being carried out. The Assessment Officer will determine to which Council officer (or officers) they will direct preliminary enquiries.

3.3 The relevant Council officer should respond to these enquiries promptly,

accurately, fully and respectfully, cooperating fully with the Assessment Officer and report the matter to the CEO through the appropriate manager.

3.4 Where a Council officer is unable to respond to the query, or is unsure of the

complete answer, the matter should be promptly referred to the relevant team leader or departmental manager.

3.5 All details of the enquiry should be recorded in a file note, including:

Name and contact details of the Assessment Officer Name and address of the complainant (where known) Information provided to the Assessment Officer Cross references to any other relevant information or Council records Agreed actions and/or outcomes. [A pro-forma for the suggested file note is at Attachment B] This is an essential record in the event that the matter progresses to full investigation.

3.6 The file note should be incorporated into the Council’s records management

system and a copy provided to your Manager [and Group Manager] for their information. The CEO should also be informed of the enquiry.

3.7 Follow up information may be requested by the Assessment Officer by email or

phone call. The appropriate Council officer should respond to these requests promptly, fully, accurately and respectfully. A copy of the follow up email and the response should be incorporated into the Council’s records management system and a copy provided to the appropriate Manager [and Group Manager] for their information. File notes should also be made of the contents of any telephone conversations with the Assessment Officer. The CEO should be informed of the enquiry.

3.8 All correspondence from the Ombudsman is to be responded to in writing, signed

by the CEO [or relevant Group Manager]. 3.9 Preliminary inquiries provide an opportunity to clarify the issues and to resolve

the matter in the initial stages. A Council should therefore endeavour to provide all relevant materials and information to assist in avoiding escalation to a full investigation.

3.10 A CEO should use judgement as to whether the preliminary enquiry is likely to

identify issues that should be reported to the Council. Full Investigations 3.11 If a full investigation proceeds, the following procedure sets out a typical example

of a process that might be followed. Some of these steps are mandated by legislation, while others are the result of the Ombudsman’s policy, which may change from time to time.

3.12 The Ombudsman must, by law, inform the principal member (Mayor/Chairperson)

that an investigation will be commenced. This will usually be done by a letter to the Mayor/Chairperson with a copy to CEO. Sometimes the Ombudsman will direct the Mayor/Chairperson and CEO not to disclose the fact, nature or scope of the investigation to the full Council, if he or she judges that confidentiality is required.


3.13 The Ombudsman may take the following measures to prevent the disclosure of information to others, and to protect the confidentiality of documentary information:

The Ombudsman may assert an implied power from section 18(2) and section 18(6)) to require secrecy.

The Ombudsman may make an order pursuant to section 16A of the Royal Commissions Act 1917

The Ombudsman may invoke section 22

The Ombudsman may consider section 18(6), which provides that, subject to the Act, the procedure to be adopted in relation to an investigation will be as determined by the Ombudsman.

3.14 Where the Ombudsman does not make a direction under section 18(6) that the

nature of the investigation must be kept confidential, the Mayor/Chairperson should consider whether to inform the full Council. However, before doing so, the Mayor/Chairperson should take the precaution of obtaining the Ombudsman’s agreement to that course of action. The information about the Ombudsman’s investigation should be provided at an ordinary Council meeting. Depending on the circumstances of the particular investigation, it may be appropriate to provide the information in confidence. Sections 90(3)(a), 90(3)(g) and 90(3)(j) concerning respectively ‘personal affairs’, ‘duty of confidence’ and ‘disclosure of information provided by a public official’ may provide a basis for a Council going into confidence.

3.15 The letter will usually contain information about the nature of the matter under

investigation and will generally include the name of complainant and the nature of complaint (if the investigation is a result of a complaint).

3.16 The investigation must be conducted in private and may involve multiple requests

for further information, by letter, email or telephone. It may also involve interviewing Council staff, Council Members and members of the public. A person may be interviewed more than once and should provide all relevant information known to the person.

3.17 Where a complaint involves Council staff or a Council Member and potentially

provides grounds for disciplinary action, the Ombudsman must, by law, advise the Mayor/Chairperson of any evidence of breach of duty or misconduct. As a matter of policy, the Ombudsman will advise in writing. This will enable appropriate internal investigations to proceed as appropriate (note that investigations of an industrial nature do not fall within the Ombudsman’s jurisdiction). As a general rule, advice on these matters will be copied to the Council CEO, but this may depend on the nature of the allegations and the identities of the parties involved.

3.18 Under the rules of procedural fairness, the Ombudsman will allow the staff

member or Council Member concerned an opportunity to comment on the allegations, before advising the Mayor/Chairperson.


3.19 Before finalising a report affecting the Council, the Ombudsman must give the

Mayor/Chairperson a reasonable opportunity to comment on the subject matter of the report. This provides an opportunity to correct any errors of fact or to provide further information which may mitigate the issues dealt with in the report. For example, if the Council or CEO has taken steps to reform particular procedures or to establish new policies, this should be stated in response to the draft report.

3.20 It is important for Councils to acknowledge any failings in the administrative system and to learn the lessons inherent in any findings of poor administration. If failings are identified, Council should move to address them immediately rather than waiting for the Ombudsman’s final recommendations.

3.21 The Ombudsman can investigate any ‘administrative act’ (s.3 of the Ombudsman Act) which gives him or her a broad jurisdiction for enquiries. While the Ombudsman cannot investigate policy decisions, he or she can ‘look behind’ the policy and investigate the administrative decisions that led to the policy.

3.22 Section 25 of the Ombudsman Act sets out the general findings that an investigation can reach. These include findings that an administrative act appears to have been contrary to law, unreasonable, unjust, oppressive, improperly discriminatory or wrong. It is important to note that the Ombudsman can find that an administrative act was in accordance with law, but was nevertheless unreasonable or unjust, etc in its outcome.

3.23 In general, materials produced by Ombudsman SA should be kept confidential whilst an investigation is underway. When an investigation is completed, the investigation report can be made publicly available. During an investigation Ombudsman SA will seek to ensure that the contents of any letters or reports relating to the investigation are kept confidential.

3.23 It is an offence to obstruct, hinder or resist the Ombudsman in the exercise of his

or her powers (s.24 of the Ombudsman Act) 4. References

Ombudsman Act 1972 [Complaints Handling Policy] Attachment A – The Ombudsman of SA – Investigations Attachment B – Pro Forma File Note

Reference Number:

First Issued/Approved:

Review Frequency:

Last Reviewed:

Next Review Date:

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Attachment A

The Ombudsman of South Australia - Investigations The Ombudsman of South Australia is established by section 6 off the Ombudsman Act 1972 (the OA). Note that unless otherwise indicated, all of the sections referred to in this document are references to the OA. This document does not discuss every section of the OA, only those that concern investigations. The OA sets out the things that the Ombudsman must or may do and provides the framework for how the Ombudsman conducts his or her investigations. This document sets out the statutory framework first, and then how it is implemented in an actual investigation. Preliminary points Section 3 empowers the Ombudsman to investigate the administrative acts of

agencies as defined by the OA. Generally speaking, most South Australian State Government Departments and agencies can be investigated by the Ombudsman. So can local councils. The Ombudsman cannot investigate the South Australian Police; they are investigated by the Police Complaints Authority (phone number 8226 8677). Ministers are not agencies within the meaning of the OA and therefore he or she may not investigate Ministers or Ministers’ offices.

Section 3 provides that administrative act means—

(a) an act relating to a matter of administration on the part of an agency to which this Act applies or a person engaged in the work of such an agency; or

(b) an act done in the performance of functions conferred under a contract for

services with the Crown or an agency to which this Act applies,

but does not include—

(c) an act done in the discharge of a judicial authority; or

(d) an act done by a person in the capacity of legal adviser to the Crown; or

(e) an act of a class declared by the regulations not to be an administrative act for the purposes of this definition. (As at 4 August 2008, there are no regulations.)

Section 3 also provides that:

act includes— (a) an omission; (b) a decision, proposal or recommendation (including a recommendation

made to a Minister of the Crown), and the circumstances surrounding an act.

Section 28 provides that any disputes about whether the Ombudsman has

jurisdiction to investigate are decided by the Supreme Court.


Section 9 empowers the Ombudsman to delegate his or her powers to any person. Officers who contact agencies seeking information have been delegated the power to do so under section 9.

Section 24(a) makes it an offence to, without lawful excuse, obstruct, hinder or

resist the Ombudsman or delegate in the exercise or performance of powers or functions under the OA. (Penalty $2,000.00.)

Section 24(b) makes it an offence to, without lawful excuse, fail or refuse to

comply with any lawful requirement of the Ombudsman or delegate under the OA. (Penalty $2,000.00.)

Section 24(c) makes it an offence to, wilfully make any statement that is false or

untrue in a material particular to the Ombudsman or delegate under the OA. (Penalty $2,000.00.)

The Ombudsman is an impartial investigator; not an advocate for complainants. The Ombudsman does not give legal advice, either to agencies or complainants. Section 17(3) provides that the Ombudsman must inform the complainant if the

Ombudsman decides not to investigate or not to continue an investigation and give reasons for the decision.

Section 17A provides that any time in an investigation, the Ombudsman may

decide to attempt to deal with the complaint by way of conciliation. Sometimes, people complain about many issues and some of those issues are

more serious than others. When this happens the Ombudsman may not investigate all of the issues, but will decide which are most appropriate and investigate those only.

Royal Commission Act 1917 Section 19 provides that for the purposes of an investigation, the Ombudsman has

the powers of a Royal Commission. The Ombudsman may use the powers of a Royal Commission to obtain documents

under subpoena and oral evidence under oath or affirmation. If a person gives false evidence under oath or affirmation, he or she commits an offence and could be liable to prosecution.

Procedure on investigation Section 18(6) provides that subject to the OA, the procedure to be adopted in the

investigation will be as determined by the Ombudsman. Section 18(1) provides that the Ombudsman may make a preliminary investigation

of an administrative act to decide whether a full investigation is necessary. Section 18(1a) provides that if the Ombudsman proceeds to a full investigation, he

or she must inform the principal officer of the agency. The identity of the principal officer is determined by reference to section 3. In the case of a government department, it is the CEO. In the case of a local council, it is the principal member of the council that is the Mayor of Chairperson.

Section 18(3) provides that the Ombudsman is not required to hold a hearing but

may do so. He or she may obtain evidence from such persons and in such manner as the Ombudsman sees fit and may determine whether any person to whom the investigation relates may have legal or other representation.


Section 18(2) provides that every Ombudsman investigation is to be conducted in private.

Section 22 provides that it is an offence (penalty $2,000.00) for information

obtained by or on behalf of the Ombudsman in the course of or for the purposes of an investigation to be disclosed except for the purpose of the investigation and of any report or recommendation to be made under the OA or for the purposes of any proceedings under the Royal Commissions Act 1917.

Section 27(1) provides that the Ombudsman must inform the complainant of the

result of an investigation. Section 27(2) provides that if a complaint is investigated, and the Ombudsman

makes a recommendation, and the Ombudsman is of the opinion that reasonable steps have not been taken to implement the recommendation within a reasonable time, the Ombudsman must inform the complainant of that opinion and may make other comments that appear appropriate in the circumstances.

Section 26 provides that the Ombudsman may have a report of an investigation

published, in such manner as he/she thinks fit, if the Ombudsman considers it to be in the public interest or in the interests of the agency.

Section 18(4) provides that before making a report affecting an agency, the

Ombudsman must allow the principal officer a reasonable opportunity to comment on the subject matter of the report.

Section 18(5) provides that the Ombudsman must report, to the principal officer of

the agency, any evidence of breach of duty or misconduct on the part of a member, officer or employee of the agency.

Section 19A provides that the Ombudsman may issue a notice requiring an agency

to refrain from taking action in relation to a particular administrative act. Recommendations Section 25(1) provides that if the Ombudsman investigates, and is of the opinion

that the administrative act to which the investigation relates amounts to maladministration, the Ombudsman may make one or more of the recommendations listed in section 25(2).

Maladministration is the shorthand used by the Ombudsman to describe the range

of conduct that he or she investigates.


Section 25(1) does not use the word maladministration but instead lists the type of

defects in administrative acts that activate the recommendation making power in section 25(2). Section 25(1) identifies the defects as follows:

(a) appears to have been made contrary to law; or

(b) was unreasonable, unjust, oppressive or improperly discriminatory; or

(c) was in accordance with a rule of law or a provision of an enactment or a

practice that is or may be unreasonable, unjust, oppressive or improperly discriminatory; or

(d) was done in the exercise of a power or discretion and was so done for an

improper purpose or on irrelevant grounds or on the taking into account of irrelevant considerations; or

(e) was done in the exercise of a power or discretion and the reasons for the

act were not but should have been given; or (f) was based wholly or in part on a mistake of law or fact; or (g) was wrong.

Section 25(2) provides that: In the case of an investigation to which this section

applies in which the Ombudsman is of the opinion—

(a) that the subject matter of the investigation should be referred back to the appropriate agency for further consideration; or

(b) that action can be, and should be, taken to rectify, or mitigate or alter the

effects of, the administrative act to which the investigation related; or (c) that the practice in accordance with which the administrative act was done

should be varied; or (d) that any law in accordance with which or on the basis of which the action

was taken should be amended or repealed; or

(e) that the reason for any administrative act should be given; or (f) that any other steps should be taken,

the Ombudsman must report that opinion and the reasons for it to the principal officer of the relevant agency and may make such recommendations as the Ombudsman thinks fit.

Section 25(3) provides that where the Ombudsman makes a recommendation

under section 25(2), the Ombudsman must provide a copy of any report or recommendation under subsection (2) to the responsible Minister and in the case of a report or recommendation relating to the sheriff, to the Courts Administration Authority.

The Ombudsman may ask the agency to report back on implementation of the

recommendations (section 25(4)). If the agency does not implement them within a reasonable time, the Ombudsman may report the matter to the Premier and to both Houses of Parliament with a request that the report be tabled (sections 25(5) and (6)).

[SA Ombudsman - 4 November 2008]


Attachment B [XYZ COUNCIL] F I L E N O T E – Enquiry from Ombudsman’s Office FROM: Author DATE OF ENQUIRY:

Date

NAME OF COMPLAINANT: ISSUE UNDER INVESTIGATION: ASSESMENT OFFICER: COUNCIL FILE REFERENCE:

[Insert text here:

Details of enquiry Name and address of the complainant (where known) Name and contact details of the Assessment Officer Information provided to the Assessment Officer Cross references to any other relevant information or Council records Agreed actions and/or outcomes.

Noted:

Initial Date Manager Group Manager CEO

REPORT FOR: Operations Committee MEETING DATE: 4 December 2012 REPORT FROM: Director – City & Cultural Services REPORT TITLE: Central Oval Redevelopment – Expression of Interest and

Select Tender Process FILE NAME: F10/110 RECORD NO: AR12/27924 STRATEGIC PLAN SUB GOAL/S 6.1 A professional effective, efficient & customer focused organisation, responsive to

the needs of the community. PURPOSE The purpose of this report is to provide Council with information in relation to the Tendering Process for the Central Oval Redevelopment, and to seek approval of the process determined by the Central Oval Redevelopment Project Control Group. 2. RECOMMENDATION Operations Committee recommends Council: 1. Receives and notes the report (AR12/27924) dated 4 December 2012,

submitted by the Director – City & Cultural Services concerning “Central Oval Redevelopment – Expression of Interest and Select Tender Process”.

2. Acknowledges and approves the Expression of Interest and Select Tender

Process of five Category One Contractors. 3. BACKGROUND Council’s Purchasing, Contracts and Tendering Policy 1.1.09 provides that

projects exceeding $300,000 will be subject to a public tender process. Clause 6.12 of Council’s Policy also provides an opportunity for Council to seek

‘expressions of interest’ followed by a select tender process once the market has been tested.

4. DISCUSSION 4.1 Due to the estimated value of the Central Oval Redevelopment Project it is

considered essential that a comprehensive process be undertaken, as part of the tendering process, to ensure that quality contractors are engaged to undertake this project, who are financially solvent and qualified to complete the construction of this facility.

2 4.2 The State Government utilise a Category system based on project value

for determining which pre-qualified contractors to utilise for various projects. For example, high value projects (over $10m) would attract offers from Category One contractors and under $10m from Category Two, Three or Four contractors depending of the total cost of the project. In view of there being substantial State funds involved in this project, the Department of Recreation & Sport (the department managing the State funding) recommended that the same level of expertise be required for this project.

Accordingly an Expression of Interest was sought by the Project Manager

to undertake this project from twenty nine Category One South Australian and Interstate Contractors. Expressions of Interest (EOI) were received from nine Category One contractors, and following the evaluation and weighting of the responses within the EOI by the Tender Evaluation Panel, established in accordance with the Purchasing, Contracts & Tendering Policy, interviews were held with five contractors to ascertain their availability and commitment to the project.

4.3 It is now proposed to undertake a Selective Tender process in January

2013 inviting those contractors selected by the Evaluation Panel - Alex Sawers - Project Manager, Andrew Vorassi - Studio Nine Architect, Nick Heron & Michael Dunemann - Council Representatives, David Scott - Donald Cant Watts (SA) Pty Ltd Corke Quantity Surveyors; and Peter Whatson - Probity Advisor & Chairman - Wallmans Lawyers - Observer, following interviews as part of the EOI process. Tenders will be submitted to Council’s Lawyers – Wallmans Lawyers and the Tender Evaluation Panel will meet at this location following the closing of tenders to open and commence the evaluation process.

4.4 This process to date has been rigorous to ensure that contractors are

committed to undertaking this project within the funding bodies Key Performance Indicator deadlines, are financially viable, qualified and have the appropriate insurances and Risk Management processes in place to complete the project safely and on time.

5. CONFIDENTIALITY PROVISIONS Not applicable. 6. RISK MANAGEMENT 6.1: Financial/Budget Funding has been received from the State and Federal Governments and a

substantial funding commitment by Port Augusta City Council towards this project.

6.2: Legal Council’s Purchasing, Contracts and Tendering Policy 1.1.09 outlines the

provisions for tendering processes. 6.3: Environment Not applicable.

3 6.4: Community

6.4.1 General Not applicable.

6.4.2 OPAL Program Not applicable.
