agenda mrc ordinary meeting - murray river council187(6 ri wkh 2uglqdu\ 0hhwlqj 6hswhpehu sp...

$: AGENDA MRC Ordinary Meeting - Murray River Council187(6 RI WKH 2UGLQDU\ 0HHWLQJ 6HSWHPEHU SP 0DWKRXUD 9LVLWRU %XVLQHVV &HQWUH 7KLV LV 3DJH 1R RI WKH 0LQXWHV RI WKH 2UGLQDU\ 0HHWLQJ$
NOTICE is hereby given that the ORDINARY MEETING of MURRAY RIVER COUNCIL will be held on TUESDAY 17 OCTOBER 2017, commencing at 1:00PM at the MOULAMEIN COMMUNITY SPORTING COMPLEX, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein. DES BILSKE ACTING GENERAL MANAGER

Agenda

1. Acknowledgement of Country 2. Opening Prayer 3. Leave of Absence/Apologies 4. Conflict of Interest Declarations 5. Confirmation of Minutes:

Ordinary Meeting on 26/09/17 6. Deputations 7. Mayor’s Minute 8. Standing Committee Reports 9. Notices of Motion/Notices of Rescission 10. General Manager’s Report & Supplementary Matters 11. Officer’s Reports & Supplementary Matters 12. Questions on Notice 13. Correspondence Report 14. Sundry Delegates Report 15. Births and Condolences 16. Confidential Reports

Please refer over the page for a detailed listing 17. Notice of Urgent Business 18. Close of Meeting

Deputations 2:00pm Peter Barber and/or Representative Re: Director Planning, Environment & Economic Development Report, Clause 5

Inspections NIL

001

CONFIDENTIAL REPORTS SUBMITTED TO THE

ORDINARY MEETING OF MURRAY RIVER COUNCIL HELD ON TUESDAY 17 OCTOBER 2017

In accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in section 10A(2) of the Act, and should be dealt with in a part of the meeting closed to the media and public.

INDEX DIRECTOR CORPORATE SERVICES CONFIDENTIAL REPORT CLAUSE 1. JONESY’S DAIRY FRESH PROPERTY SALE This clause relates to 10A(2)(g) being advice concerning litigation, or advice

that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege. The public interest in protecting confidential information outweighs the public interest in ensuring accountability through open meetings.

DIRECTOR PLANNING, ENVIRONMENT & ECONOMIC DEVELOPMENT CONFIDENTIAL REPORT CLAUSE 1. CONTRACT NO. MRC 07/17 – DESIGN AND CONSTRUCT THE BARHAM RECREATION RESERVE SKATE PARK This clause relates to 10A(2)(d)(iii) being commercial information of a

confidential nature that would, if disclosed, reveal a trade secret. The public interest in protecting confidential information outweighs the public interest in ensuring accountability through open meetings.

CLAUSE 2. CONTRACT NO. MRC 03/17 – REVIEW AND CONSOLIDATION OF MURRAY RIVER COUNCIL’S LAND USE STRATEGIC PLAN AND LOCAL ENVIRONMENTAL PLAN This clause relates to 10A(2)(d)(iii) being commercial information of a


CLAUSE 3. MOAMA SPORTS CLUB This clause relates to 10A(2)(d)(iii) being commercial information of a


CLAUSE 4. MOAMA RIVERSIDE CARAVAN PARK – LEASE EXTENSION This clause relates to 10A(2)(d)(iii) being commercial information of a


002

MINUTES of the Ordinary Meeting 26 September 2017, 1:00pm

Mathoura Visitor & Business Centre

This is Page No. 1 of the Minutes of the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 26 September 2017 in the Multi-Function Room, Mathoura Visitor & Business Centre, Cobb Highway, Mathoura.

PRESENT

Administrator, Mr David Shaw (in the Chair) Councillors A Aquino, CR Bilkey, GS Campbell, NF Cohen, A Crowe, NH Gorey, AM Mathers, TE Weyrich and GW Wise

APOLOGIES Nil IN ATTENDANCE The following members of staff were also in attendance: D Bilske Acting General Manager L Palmer Director Corporate Services J Louw Director Engineering S Arkinstall Director Planning, Environment & Economic Development K Keogh Manager Office of the General Manager (Minute Secretary) ACKNOWLEDGEMENT OF COUNTRY The Administrator opened the meeting with an Acknowledgement of Country. OPENING PRAYER The Administrator held a short appropriate prayer. LEAVE OF ABSENCE/APOLOGIES There were no apologies received for the meeting. CONFLICT OF INTEREST DECLARATIONS

There were no conflict of interest declarations received from the Administrator, Councillors or staff on any matter within the meeting.

003




CONFIRMATION OF MINUTES 010917 RESOLVED (Mr Shaw) that the minutes of the Ordinary Meeting held on

8 August 2017 be confirmed as a true and correct record. 020917 RESOLVED (Mr Shaw) that the minutes of the Extraordinary Meeting held on

31 August 2017 be confirmed as a true and correct record. DEPUTATIONS There were no deputations to be made on any matter within the meeting. MAYOR’S MINUTE There was not a Mayoral Minute submitted to the meeting. STANDING COMMITTEE REPORTS There were no standing committee reports submitted to the meeting. NOTICES OF MOTION/NOTICE OF RESCISSION There were no notices of motion/notice of rescission submitted to the meeting. ACTING GENERAL MANAGER’S REPORT CLAUSE 1. OATH OR AFFIRMATION OF OFFICE BY COUNCILLORS 030917 RESOLVED (Mr Shaw):

1. That all Councillors of the Murray River Council make an Oath or Affirmation of Office.

2. That all Councillors of the Murray River Council sign the statement containing the oath or affirmation as a record of taking the oath or affirmation.

At this stage of the meeting, being 1:07pm, Administrator Shaw made thanks

to Council, the members of the Local Representation Committee and Council’s staff, particularly the Interim General Manager, for their support and assistance during the 19-month (February 2016 to September 2017) transition period as Administrator of Murray Shire Council and Murray River Council.

004




At this stage of the meeting, being 1:09pm, the Administrator handed the meeting over to the Acting General Manager to conduct the election by Councillors for the Mayor and Deputy Mayor, removed himself from the position of Chair and left the meeting.

At this stage of the meeting, being 1:10pm, the Acting General Manager,

conducted the election by Councillors for the Mayor and Deputy Mayor. CLAUSE 2. ELECTION BY COUNCILLORS FOR MAYOR AND DEPUTY MAYOR The Acting General Manager, as the Returning Officer for the election by

Councillors for the Mayor and Deputy Mayor, asked that all nominations for the position of Mayor and Deputy Mayor be forwarded to him directly.

030917 RESOLVED (Crs Weyrich/Mathers):

1. That the election by Councillors for Mayor and Deputy Mayor be conducted in accordance with Schedule 7 of the Local Government (General) Regulation 2005.

2. That if more than one nomination is received for the position of Mayor and Deputy Mayor, the method of voting be conducted by Ordinary Ballot.

The Returning Officer advised that two (2) written nominations for Mayor had been received, those being from Councillors CR Bilkey and NH Gorey.

The Returning Officer made the order on the Ordinary Ballot paper for Mayor

alphabetical, with Councillor CR Bilkey being listed first and Councillor NH Gorey being listed second.

An Ordinary Ballot took place for the election by Councillors for the Mayor.

The Returning Officer advised that Councillor CR Bilkey was declared elected to the position of Mayor for the ensuing two (2) year term, with the successful candidate chosen by lot five (5) votes to four (4). The Returning Officer advised that four (4) written nominations for Deputy Mayor had been received, those being from Councillors CR Bilkey, GS Campbell, AM Mathers and TE Weyrich. As Councillor CR Bilkey had been declared elected to the position of Mayor, Councillor CR Bilkey’s nomination was excluded. Therefore, the three (3) written nominations for Deputy Mayor from Councillors GS Campbell, AM Mathers and TE Weyrich would proceed to the election by Councillors for the Deputy Mayor.

005




The Returning Officer made the order on the Ordinary Ballot paper for Deputy Mayor alphabetical, with Councillor GS Campbell being listed first, Councillor AM Mathers being listed second and Councillor TE Weyrich being listed third.

An Ordinary Ballot took place for the election by Councillors for the Deputy

Mayor. In the first round of voting by Ordinary Ballot, Councillor TE Weyrich was excluded for the position of Deputy Mayor, by being chosen by lot. At this stage of the meeting, the second round of voting by Ordinary Ballot took place for the election by Councillors for the Deputy Mayor. The Returning Officer advised that Councillor GS Campbell was declared elected to the position of Deputy Mayor for the ensuing one (1) year term, with the successful candidate chosen by lot five (5) votes to four (4). At this stage of the meeting, being 1:29pm, Councillor CR Bilkey assumed the position of Chair and Councillor GS Campbell assumed the position of Deputy Chair for the remainder of the meeting.

CLAUSE 3. SETTING OF COUNCILLOR’S AND MAYOR’S REMUNERATION 040917 RESOLVED (Crs Weyrich/Gorey):

1. That Council reconfirms the Councillor’s remuneration at $11,570 for the 2017/18 year.

2. That Council reconfirms the Mayor’s remuneration at $25,250 for the 2017/18 year.

CLAUSE 4. MURRAY RIVER COUNCIL – COUNCILLOR EXPENSES & FACILITIES POLICY MOTION (Crs Mathers/Crowe):

1. That the Council note the current Murray River Council Councillor Expenses and Facilities Policy.

2. That Councillors identify any areas in the Murray River Council Councillor Expenses and Facilities Policy for amendment, if required, to be considered as a draft Policy prior to formal adoption by the Council.

The MOTION was LOST.

006




050917 RESOLVED (Crs Weyrich/Mathers):

1. That the Council note the current Murray River Council Councillor Expenses and Facilities Policy, but reserve debate on the Policy until a later date.

2. That Councillors identify any areas in the Murray River Council Councillor Expenses and Facilities Policy for amendment, if required, to be considered as a draft Policy prior to formal adoption by the Council.

CLAUSE 5. FIXING THE TIME, DATES AND LOCALITIES OF ORDINARY MEETINGS OF THE MURRAY RIVER COUNCIL MOTION (Crs Weyrich/Wise):

1. That Murray River Council generally meet at 1:00pm twice per month, being the first and third Tuesday of the month, for the first six (6) months of the new Council term to get through the backlog of planning matters, and review this schedule after the six (6) month period.

2. That the Council reconsider the suitability of venues, as outlined in the report, for meetings of the Council.


MOTION (Crs Gorey/Crowe): 1. That Murray River Council generally meet at 1:00pm twice per month,

being the first and third Tuesday of the month, for the first six (6) months of the new Council term to get through the backlog of planning matters, and review this schedule after the six (6) month period.

2. That the Council reconsider the suitability of venues, as outlined in the report, for meetings of the Council and include in the meeting rotation the localities of Tooleybuc and Murray Downs.


MOTION (Crs Gorey/Campbell):

1. That Murray River Council generally meet at 1:00pm twice per month, being the first and third Tuesday of the month, for the first six (6) months of the new Council term to get through the backlog of planning matters, and review this schedule after the six (6) month period.

2. That the Council reconsider the suitability of venues, as outlined in the report, for meetings of the Council and include in the meeting rotation the localities of Tooleybuc, Murray Downs and Bunnaloo.


007




FORESHADOWED MOTION (Crs Weyrich/Campbell): 1. That Murray River Council generally meet at 1:00pm on the third

Tuesday of the month (January to November) and the second Tuesday of the month of December.

2. That the dates and localities outlined in the report be adopted by the Council for the next 12 month period, with an amendment to include in the meeting rotation the localities of Tooleybuc, Murray Downs and Bunnaloo and the alteration to the following:

19 December 2017 Ordinary Meeting

Suggest not to hold this meeting Hold Ordinary Meeting on Tuesday 12 December

2017

19 June 2018 Ordinary Meeting

Suggest not to hold this meeting as it clashes with the ALGA National General Assembly of Local Government to be held 17-20 June

Hold Ordinary Meeting on Tuesday 26 June 2017

The FORESHADOWED MOTION becomes the SUBSTANTIVE MOTION. 060917 RESOLVED (Crs Weyrich/Campbell):

1. That Murray River Council generally meet at 1:00pm on the third Tuesday of the month (January to November) and the second Tuesday of the month of December.

2. That the dates and localities outlined in the report be adopted by the Council for the next 12 month period, with an amendment to include in the meeting rotation the localities of Tooleybuc, Murray Downs and Bunnaloo and the alteration to the following:

19 December 2017 Ordinary Meeting

Suggest not to hold this meeting Hold Ordinary Meeting on Tuesday 12 December

2017

19 June 2018 Ordinary Meeting

Suggest not to hold this meeting as it clashes with the ALGA National General Assembly of Local Government to be held 17-20 June

Hold Ordinary Meeting on Tuesday 26 June 2017

CLAUSE 6. DEVELOPMENT OF A MODEL CODE OF MEETING PRACTICE FOR

LOCAL COUNCILS IN NSW Information noted. CLAUSE 7. REVIEW OF THE MODEL CODE OF CONDUCT AND PROCEDURES

FOR THE ADMINISTRATION OF THE MODEL CODE OF CONDUCT Information noted.

008




CLAUSE 8. DISCLOSURES BY COUNCILLORS AND DESIGNATED PERSONS RETURN 070917 RESOLVED (Crs Weyrich/Crowe) that all Councillors complete the

Disclosures by Councillors and Designated Persons Return (Pecuniary Interest Return) and forward it to the Acting General Manager by the next meeting of the Council.

CLAUSE 9. COUNCIL DELEGATES TO: COMMITTEES OR SUB-COMMITTEES OF COUNCIL; SECTION 355 COMMITTEES OF COUNCIL; GOVERNMENT OR INDUSTRY ORGANISATIONS; AND COMMUNITY COMMITTEES OR GROUPS 080917 RESOLVED (Crs Campbell/Mathers) that the Council appoints Councillor

delegates and representatives to the various committees or sub-committees of Council, Section 355 Committees of Council, government or industry organisations and community committees or groups, as listed in the report, for the period 26 September 2017 to 25 September 2018 as follows:

Committee/Organisation/Group Delegate/s Committees or Sub-Committees of Council

Moama Seniors Community Centre Management Committee Cr A Aquino Cr GS Campbell (Alternate)

Murray River Local Emergency Management Committee (LEMC) Director Engineering or Delegate Works Manager (Alternate)

Murray River Local Traffic Committee Mayor, Cr CR Bilkey Cr TE Weyrich (Alternate) Cr GS Campbell (Observer)

Murray Shire Australia Day Committee Full Council Economic Development Officer

Murray Shire ClubGRANTS Committee Mayor, Cr CR Bilkey General Manager

Murray Shire Heritage Advisory Committee Town Planner Town Planning Support Officer Economic Development Officer

Murray Shire Liquor Accord Committee

Mayor, Cr CR Bilkey Director Planning, Environment &

Economic Development Cr GS Campbell (Alternate)

Picnic Point Management Committee Cr GS Campbell Cr TE Weyrich (Alternate)

Wakool Shire Flood Plain Risk Management Committee Cr NH Gorey

Wakool Shire Home & Community Care (HACC) Committee Cr A Crowe Cr NH (Alternate)

Section 355 Committees of Council Backroads Trail Committee Cr GS Campbell

Barham Boardwalk Committee Cr AM Mathers Cr NH Gorey (Alternate)

Barham Recreation Reserve Management Committee Cr NH Gorey Barham School of Arts/Hall Committee Cr AM Mathers Bunnaloo Recreation Reserve Management Committee Cr GW Wise Caldwell Hall Management Committee Cr GW Wise

009




Committee/Organisation/Group Delegate/s Section 355 Committees of Council Goodnight Recreation Reserve & Hall Management Committee Cr A Crowe Koraleigh Hall Management Committee Cr A Crowe Koraleigh Recreation Reserve Management Committee Cr A Crowe Kyalite Progress Association & Recreation Reserve Management Committee

Cr A Crowe

Mallan Recreation Reserve & Hall Management Committee Cr A Crowe

Mathoura Recreation Reserve Management Committee Cr A Aquino Cr GW Wise (Alternate)

Mathoura Retirement Village Management Committee Cr TE Weyrich Cr GW Wise

Moama Community Garden Committee Cr NF Cohen Moama Lions Community Village Committee Cr GS Campbell

Moama Recreation Reserve Management Committee

Cr NF Cohen Cr TE Weyrich Director Engineering or Delegate Cr GS Campbell (Alternate)

Moama & Mathoura Community Skate Parks Committee Cr GS Campbell Cr A Aquino (Alternate)

Moulamein Centenary Recreation Reserve Committee Cr NH Gorey Moulamein Hall Committee Cr NH Gorey Moulamein Lake Committee Cr AM Mathers Moulamein South Recreation Reserve Committee Cr AM Mathers Noorong Community Centre Committee Cr A Crowe Old Moulamein Courthouse Committee Cr NH Gorey Tooleybuc/Piangil & District Action Group; and Tooleybuc Bridgekeepers Cottage Management Committee

Cr A Crowe

Tooleybuc Recreation Reserve & Hall Committee Cr A Crowe Wakool Memorial Hall Committee Cr AM Mathers Wakool Recreation Reserve Committee Cr NH Gorey Womboota School of Arts/Hall Management Committee Cr A Aquino Other Government or Industry Organisations Barham Continuum of Care General Manager Barham Local Health Advisory Committee General Manager

Barham Local Health Medical Trust Committee Cr AM Mathers Cr NH Gorey (Alternate)

Campaspe Murray Mental Health Network Cr CR Bilkey Cr NF Cohen (Alternate)

Central Murray County Council (CMCC) (Elected for Term of the Council)

Cr TE Weyrich Cr GS Campbell

Central Murray Regional Library Committee Cr CR Bilkey Dir Corporate Services or Delegate

Echuca Moama & District Tourism Association Inc (EMT)

Mayor, Cr CR Bilkey Cr GS Campbell Manager Economic Development,

Tourism & Community Development or Delegate

Echuca Saleyards Advisory Committee Cr GW Wise Cr A Aquino (Alternate)

Local Government NSW Mayor, Cr CR Bilkey Deputy Mayor, Cr GS Campbell (Alt)

010




Committee/Organisation/Group Delegate/s Other Government or Industry Organisations

Mid Murray Zone Bushfire Management Committee Cr A Aquino Director Engineering or Delegate

Murray Darling Association (Region 2 & Region 3)

Mayor, Cr CR Bilkey (Voting) Cr AM Mathers General Manager Cr NH Gorey (Alternate)

Port of Echuca Precinct Strategic Advisory Committee Cr NF Cohen Cr A Aquino (Alternate)

Regional Boating Advisory Group (RBAG) (Central Murray) Cr TE Weyrich Cr GS Campbell (Alternate)

Riverina and Murray Regional Organisation of Councils (RAMROC)

Mayor, Cr CR Bilkey General Manager Deputy Mayor, Cr GS Campbell (Alt) Any Councillor (Observer)

South West Arts Inc. Cr A Crowe Cr AM Mathers Economic Development Officer

The Long Paddock Inc. Economic Development Officer

Western Joint Regional Planning Panels Mayor, Cr CR Bilkey Deputy Mayor, Cr GS Campbell Cr TE Weyrich (Alternate)

Yanga Working Group Cr NH Gorey Cr A Crowe (Alternate)

Community Committees/Groups

Community Against Drugs (CAD) Committee Cr A Aquino Cr TE Weyrich (Alternate)

Echuca Moama Landcare Group Cr GW Wise

Friends of Old Moama Cr NF Cohen Cr CR Bilkey Economic Development Officer

Mathoura Preschool Committee Cr TE Weyrich Mathoura & District Pioneer Cemetery Committee Cr A Aquino Moama Cemetery Working Group Cr A Aquino

Moama & District Preschool Centre Inc. Committee Cr GS Campbell Director Engineering or Delegate

Moulamein Retirement Village Committee Cr NH Gorey Murray Downs Advancement Group Cr A Crowe

Murray Shire Hall Management Committee Cr GW Wise Cr TE Weyrich (Alternate)

Red Gum Timber Industries

Cr TE Weyrich Cr A Aquino Cr GW Wise Cr NH Gorey General Manager

CLAUSE 10. PHASE 1 AMENDMENTS TO THE LOCAL GOVERNMENT ACT – AN OVERVIEW Information noted.

011




CLAUSE 11. INDUCTION AND ONGOING PROFESSIONAL DEVELOPMENT FOR MAYORS AND COUNCILLORS 090917 RESOLVED (Crs Cohen/Aquino):

1. That Council develops an induction program for newly elected and returning Councillors and a specialised supplementary program for the Mayor within six (6) months of their election.

2. That Council develops an ongoing professional development program for the Mayor and each Councillor.

CLAUSE 12. LOCAL GOVERNMENT CAPABILITY FRAMEWORK Information noted. CLAUSE 13. TRANSITION FROM ADMINISTRATION TO THE INTEGRATED PLANNING AND REPORTING FRAMEWORK FOR MERGED COUNCILS Information noted. CLAUSE 14. MURRAY RIVER COUNCIL VISION, MISSION STATEMENT AND TAG LINE; AND COMMUNITY ENGAGEMENT FRAMEWORK 100917 RESOLVED (Crs Mathers/Gorey) that the Council note the Murray River

Council Vision, Mission Statement and Tag Line. 110917 FURTHER RESOLVED (Crs Crowe/Aquino):

1. That the Council note the current Murray River Council Community Engagement Strategy and Community Engagement Policy.

2. That Councillors identify any areas in the Murray River Council Community Engagement Policy for amendment, if required, to be considered as a draft Policy prior to formal adoption by the Council.

CLAUSE 15. LOCAL GOVERNMENT NSW – ANNUAL CONFERENCE 2017 120917 RESOLVED (Crs Campbell/Aquino):

1. That the Council suggest motions for consideration at the Local Government NSW 2017 Annual Conference, by forwarding to the Acting General Manager.

2. That Council be represented at the Local Government NSW 2017 Annual Conference, to be held on 4-6 December 2017 in Sydney, by the Mayor, Deputy Mayor, the General Manager and any other Councillor, as determined by the Council.

012




CLAUSE 16. MURRAY DARLING ASSOCIATION – 73RD NATIONAL CONFERENCE AND AGM 130917 RESOLVED (Crs Weyrich/Crowe) that Council be represented at the Murray

Darling Association (MDA) 73rd National Conference and Annual General Meeting, to be held on 11-13 October 2017 in Renmark, by Council’s delegates to the MDA and any other Councillor, as determined by the Council. At this stage of the meeting, being 3:09pm, the meeting adjourned to undertake the full Council and individual Councillor photograph, along with a short break. At this stage of the meeting, being 4:00pm, the meeting resumed. OFFICER’S REPORTS

DIRECTOR CORPORATE SERVICES REPORT CLAUSE 1. CORPORATE SERVICES OVERVIEW Information noted. CLAUSE 2. REQUEST FOR RATES EXEMPTION 140917 RESOLVED (Crs Weyrich/Campbell) that the Council approve the

recommendation that the Community Living and Respite Services Inc., as a public benevolent institution, are eligible under legislation and approved to receive an exemption from all rates other than water supply special rates and sewerage special rates for their property at 33 Maiden Street, Moama.

CLAUSE 3. FINANCIAL STATEMENTS AND INVESTMENTS – 31 JULY 2017 & 31 AUGUST 2017 150917 RESOLVED (Crs Weyrich/Campbell):

1. That the report detailing Council’s cashbook amended balance of $56,105,927.14 as at 30 June 2017; and $53,566,955.87 as at 31 July 2017; and $59,082,205.27 as at 31 August 2017 is received by the Council.

2. That the report detailing Council’s investment balance of $52,657,392.90 as at 31 July 2017; and $52,662,197.84 as at 31 August 2017 is received by the Council.

013




CLAUSE 4. PREPARATION OF 2016/2017 FINANCIAL REPORTS 160917 RESOLVED (Crs Mathers/Weyrich) that the Statements by the Councillors

and Management for the General Purpose and Special Purpose Financial Reports, as attached to the report, are endorsed and signed for inclusion into the Murray River Council’s end of year Financial Reports for the period 13 May 2016 to 30 June 2017.

DIRECTOR PLANNING, ENVIRONMENT &

ECONOMIC DEVELOPMENT REPORT CLAUSE 1. DEVELOPMENTS APPROVED IN AUGUST 2017

Information noted. CLAUSE 2. LOT 5, SECTION 7, DP 758713 TURORA STREET, MOULAMEIN 170917 RESOLVED (Crs Mathers/Wise) that Council commence the process to

reclassify Lot 5, Section 7, DP 758713, Turora Street, Moulamein, as operational land in accordance with the legislative requirements of the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993.

FOR: Councillors Aquino, Bilkey, Campbell, Cohen, Crowe,

Gorey, Mathers and Wise

AGAINST: Councillor Weyrich

CLAUSE 3. MOAMA ANGLICAN GRAMMAR SCHOOL HONOURS PROGRAM 180917 RESOLVED (Crs Weyrich/Mathers) that Council decline the invitation from

the Moama Anglican Grammar School to sponsor an honours student. DIRECTOR PLANNING, ENVIRONMENT &

ECONOMIC DEVELOPMENT SUPPLEMENTARY (VERBAL) REPORT CLAUSE 1. NSW DEPARTMENT OF PLANNING The Director Planning, Environment and Economic Development advised the

Council that the Chief Planner of the NSW Department of Planning has offered to visit the Council, with the dates on offer being 7-8 December or 14-15 December 2017.

It was agreed by the Council that the Council take up the offer by the Chief Planner of the NSW Department of Planning to visit Council, with the preferred date being 8 December 2017.

014




QUESTIONS ON NOTICE

There were no questions on notice submitted to the meeting. CORRESPONDENCE REPORT

PART A Nil. PART B B1/09 LOCAL GOVERNMENT NSW WEEKLY Information noted. B2/09 AUSTRALIAN LOCAL GOVERNMENT ASSOCIATION (ALGA) NEWS Information noted. B3/09 LOCAL GOVERNMENT NSW Information noted. B4/09 THE HON ALEX HAWKE MP ASSISTANT MINISTER FOR IMMIGRATION & BORDER PROTECTION Information noted. B5/09 DENILIQUIN AND DISTRICT PRIMARY SCHOOL SPORTS ASSOCIATION Information noted. B6/09 LOCAL GOVERNMENT NSW Information noted. B7/09 ROADS & MARITIME SERVICES Information noted. B8/09 THE HON SUSSAN LEY MP FEDERAL MEMBER FOR FARRER Information noted.

015




190917 RESOLVED (Crs Mathers/Cohen) that the correspondence is received and noted. SUNDRY DELEGATES REPORTS

Administrator Shaw reported on his attendance at the following meetings and functions: Citizenship Ceremony (2 clients) – Moama Office ......................... 08/08/17 Ordinary Meeting of Council – Barham ......................................... 08/08/17 Extraordinary Meeting of Council – Moama .................................. 31/08/17

200917 RESOLVED (Crs Gorey/Weyrich) that the report is received and reasonable out of pocket expenses met by Council. BIRTHS & CONDOLENCES

There were no notices of births or deaths submitted to the meeting.

CONFIDENTIAL REPORTS

210917 RESOLVED (Crs Weyrich/Gorey) that as provided in the Local Government

Act 1993, Section 10A(2), Subsection (d)(iii), being, commercial information of a confidential nature that would, if disclosed, reveal a trade secret, and the public interest in protecting confidential information outweighs the public interest in ensuring accountability through open meetings, Council move into Committee of the Whole at 4:30pm.

DIRECTOR ENGINEERING CONFIDENTIAL REPORT

CLAUSE 1. TENDER NO. 08/17 – MOULAMEIN WATER TREATMENT PLANT UPGRADE

RECOMMENDED (Crs Campbell/Gorey) that Council accept the tender of

IXOM for $198,755.85 (ex GST) being for the Moulamein Water Treatment Plant Upgrade, Tender No. 08/17.

FOR: Councillors Aquino, Bilkey, Campbell, Cohen, Crowe,

Gorey, Mathers, Weyrich and Wise

AGAINST: Nil

016




ADOPTION

220917 RESOLVED (Crs Mathers/Gorey) that Council move into Open Council at

4:33pm.

The Acting General Manager, on behalf of the Mayor, advised the decisions of the Confidential Committee in Open Council.

230917 RESOLVED (Crs Weyrich/Mathers) that the recommendations of the

Confidential Committee be adopted. At this stage of the meeting, being 4:34pm, and there being no gallery in Open Council, the Council moved into Committee of the Whole to undertake urgent business of a confidential nature. URGENT BUSINESS

240917 RESOLVED (Crs Weyrich/Aquino) that as provided in the Local Government

Act 1993, Section 10A(2), Subsection (a) and (d)(iii), being, personnel matters concerning particular individuals (other than councillors); and commercial information of a confidential nature that would, if disclosed, reveal a trade secret, and the public interest in protecting confidential information outweighs the public interest in ensuring accountability through open meetings, Council move into Committee of the Whole at 4:34pm. Councillor TE Weyrich raised a number of issues that he believes needs rectifying regarding the financial institutions being used by Council. The Acting General Manager took the issue on notice, advised that the matter would be investigated further and subsequently a report on the matter would be made to the next meeting of the Council

250917 RESOLVED (Crs Weyrich/Mathers) that staff be requested to leave the

meeting. At this stage of the meeting, being 4:42pm, L Palmer, J Louw, S Arkinstall and K Keogh left the meeting. At this stage of the meeting, being 4:43pm, the full Council and the Acting General Manager conducted urgent confidential business.

017




260917 RESOLVED (Crs Campbell/Gorey) that Council move into Open Council at

5:13pm. At this stage of the meeting, being 5:14pm, L Palmer, J Louw, S Arkinstall and K Keogh returned to the meeting.

THERE BEING NO FURTHER BUSINESS, THE MEETING CLOSED AT 5:15PM. The next Ordinary Meeting of Murray River Council will be held on Tuesday 17 October 2017, commencing at 1:00pm, at the Moulamein Bowling Club, Endeavour Drive, Moulamein.

THESE MINUTES ARE SIGNED AS A TRUE AND ACCURATE RECORD OF THE PROCEEDINGS OF THE ORDINARY MEETING OF THE MURRAY RIVER COUNCIL HELD ON 26 SEPTEMBER 2017, IN ACCORDANCE WITH A RESOLUTION OF THE COUNCIL ON 17 OCTOBER 2017.

............................................................... MAYOR

018

This is Page No. 1 of the Acting General Manager’s Report submitted to the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.

MURRAY RIVER COUNCIL ACTING GENERAL MANAGER’S REPORT

ORDINARY MEETING OF COUNCIL 17 OCTOBER 2017

CLAUSE 1.

DISCLOSURES BY COUNCILLORS AND DESIGNATED PERSONS RETURN

REPORT PREPARED BY: ACTING GENERAL MANAGER, Des Bilske TRIM REF:

RECOMMENDATION That the information be noted. BACKGROUND: In accordance with Section 449 of the Local Government Act 1993 (the ‘Act’), a councillor or designated person must complete and lodge with the general manager, within 3 months after becoming a councillor or designated person, a return in the form prescribed by the regulations. DISCUSSION: At the Ordinary Meeting of Council of 26 September 2017, Councillors were provided with the prescribed Disclosures by Councillors and Designated Persons Return (Pecuniary Interest Return) and Suggestions for the Completion of Returns and asked to return the same to the Acting General Manager by the next meeting of the Council. A reminder that Councillors are required to submit their Disclosures by Councillors and Designated Persons Return (Pecuniary Interest Return) to the Acting General Manager by 17 October 2017. Please note that the Return is in respect of the period as at 26 September 2017. STRATEGIC IMPLICATIONS: Nil. BUDGETARY IMPLICATIONS: Nil. POLICY IMPLICATIONS: Murray River Council Pecuniary Interest Guidelines. LEGISLATIVE IMPLICATIONS: Part 2 of the Local Government Act 1993. RISK ANALYSIS: Section 449 of the Act states a person must not lodge a return that the person knows or ought reasonably to know is false or misleading in a material particular.

019


CONCLUSION: A councillor or designated person must complete and lodge with the general manager, within 3 months after becoming a councillor or designated person, a return in the form prescribed by the regulations. Councillors will need to complete a Disclosures by Councillors and Designated Persons Return (Pecuniary Interest Return) for the period as at 26 September 2017 and forward it to the Acting General Manager by the next meeting of the Council, being 17 October 2017. ATTACHMENTS: Nil.

020




CLAUSE 2.

DISCLOSURES BY COUNCILLORS AND DESIGNATED PERSONS RETURN


RECOMMENDATION That the information be noted. BACKGROUND: In accordance with Section 449 of the Local Government Act 1993 (the ‘Act’), a councillor or designated person must complete and lodge with the general manager, within 3 months after becoming a councillor or designated person, a return in the form prescribed by the regulations. DISCUSSION: As provided by the Section 450A of the Act, I am required to table the Disclosures by Councillors and Designated Persons Returns at the first Council Meeting after 30 September each year. Accordingly, the Returns will be tabled at the meeting. STRATEGIC IMPLICATIONS: Nil. BUDGETARY IMPLICATIONS: Nil. POLICY IMPLICATIONS: Murray River Council Pecuniary Interest Guidelines. LEGISLATIVE IMPLICATIONS: Part 2 of the Local Government Act 1993. RISK ANALYSIS: Section 449 of the Act states a person must not lodge a return that the person knows or ought reasonably to know is false or misleading in a material particular. CONCLUSION: A councillor or designated person must complete and lodge with the general manager, within 3 months after becoming a councillor or designated person, a return in the form prescribed by the regulations. Returns required to be lodged with the general manager under section 449 must be tabled at a meeting of the council. ATTACHMENTS: Nil.

021




CLAUSE 3.

LOCAL GOVERNMENT NSW – ANNUAL CONFERENCE 2017


RECOMMENDATION That the Council endorse the actions of the Acting General Manager in submitting the following motions by 9 October 2017 to the Local Government NSW Annual Conference: (a) That the Local Government NSW (LGNSW) lobby the NSW Government to effectively

manage the issue of kangaroo numbers generally migrating to areas near water and road networks that create significant hazards to road users in rural NSW, particularly in areas where communities interface with National Parks.

(b) That the Local Government NSW (LGNSW) lobby the NSW Government and the Australian Local Government Association (ALGA) seeking their assistance in advocating for the establishment of a Federal Independent Commission of Corruption or similar body.

BACKGROUND: The Local Government NSW (LGNSW) Annual Conference, to be held 4-6 December 2017 in Sydney, is the annual policy-making event for NSW general-purpose councils, associate members and the NSW Aboriginal Land Council. It is the pre-eminent event of the local government year where local councillors come together to share ideas and debate issues that shape the way councils are governed. At the Ordinary Meeting of Council of 26 September 2017, the Council resolved as follows: RESOLVED (Crs Campbell/Aquino):

1. That the Council suggest motions for consideration at the Local Government NSW 2017 Annual Conference, by forwarding to the Acting General Manager.

2. That Council be represented at the Local Government NSW 2017 Annual Conference, to be held on 4-6 December 2017 in Sydney, by the Mayor, Deputy Mayor, the General Manager and any other Councillor, as determined by the Council.

DISCUSSION: All LGNSW member councils are able to put forward motions to be considered at the LGNSW Annual Conference. The LGNSW Board seeks to ensure that the motions debate advances the sector wide policy agenda, whereby proposed motions should be strategic, affect members’ state-wide and introduce new or emerging policy issues and actions. Following the last meeting of Council, I have put together the following motions, with input from the Mayor and a number of Councillors:

022


MOTION 1: 1. Category

Environmental policy 2. Heading or title Kangaroo Management

3. Motion proposed

That the Local Government NSW (LGNSW) lobby the NSW Government to effectively manage the issue of kangaroo numbers generally migrating to areas near water and road networks that create significant hazards to road users in rural NSW, particularly in areas where communities interface with National Parks.

MOTION 2:

1. Category Governance/Civic Leadership

2. Heading or title Federal Independent Commission of Corruption

3. Motion proposed

That the Local Government NSW (LGNSW) lobby the NSW Government and the Australian Local Government Association (ALGA) seeking their assistance in advocating for the establishment of a Federal Independent Commission of Corruption or similar body.

Due to motions having been required to be submitted to LGNSW by COB Monday 9 October 2017, there was not time to have the motions brought before the Council and adopted prior to the motions being submitted to LGNSW. STRATEGIC IMPLICATIONS: Nil. BUDGETARY IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil. LEGISLATIVE IMPLICATIONS: Nil. RISK ANALYSIS: Nil. CONCLUSION: The 2017 LGNSW Annual Conference will be held from Monday 4 December to Wednesday 6 December at the Hyatt Regency, Sydney. The Conference is the pre-eminent event of the local government year where local councillors come together to share ideas and debate issues that shape the way councils are governed. Murray River Council has submitted two motions to the Conference. ATTACHMENTS: Nil.

023



ORDINARY MEETING OF COUNCIL 26 SEPTEMBER 2017

CLAUSE 4.

RECRUITMENT OF GENERAL MANAGER – EXPRESSION OF INTEREST FOR RECRUITMENT CONSULTANT


RECOMMENDATION 1. That Council undertake an invited Expression of Interest to select and engage a

Recruitment Consultant to assist with the recruitment process for the position of General Manager of Murray River Council.

2. That the General Manager’s recruitment be facilitated by a Recruitment Consultant, in conjunction with a Council selection panel.

3. That the Council panel for selection of the General Manager consist of the Mayor, Deputy Mayor, one other Councillor, the Recruitment Consultant representative and an independent member.

4. That the Council nominate the Councillor for the Council selection panel. 5. That the Council appoint the independent member for the Council selection panel. 6. That Council delegate to the Council selection panel the role of:

(a) Conducting the reviews of the position description, selection criteria, special conditions and associated salary range for the position of General Manager;

(b) Undertaking the selection process for the position of General Manager; (c) Reporting the findings and recommendations of the selection process for the

position of General Manager to the Council; and (d) Arranging the appointment of the selected person to the position of General

Manager of Murray River Council. BACKGROUND: Council needs to undertake a recruitment process to ensure a General Manger is recruited to commence at the end of the term of the current Acting General Manager. The Office of Local Government (OLG) issued guidelines pursuant to s23A of the Local Government Act 1993 (the ‘Act’), which councils must take into consideration when exercising its functions. Of particular note are the “Guidelines for the Appointment and Oversight of General Managers” (the ‘Guidelines’), issued in July 2011. The purpose of the Guidelines is to assist councillors in meeting their obligations under the Act and the Local Government (General) Regulation 2005 (the ‘Regs’) when recruiting, appointing and overseeing the performance of general managers.

024


DISCUSSION: The OLG “Guidelines for the Appointment and Oversight of General Managers” must be followed as they are issued under s23A of the Act. The Guidelines is available at the following link: https://www.olg.nsw.gov.au/sites/default/files/Guidelines-for-the-Appointment-and-Oversight-of-General-Managers.pdf Specific points to note from the Guidelines include: 1. That council must ensure that the appointment of the general manager is made using merit

selection principles (s349 of the Act). Recruitment using merit selection is a competitive process where the applicant who demonstrates that they have the best qualifications, experience and performance relevant to the position is appointed.

2. Equal Employment Opportunity principles also apply to the recruitment of the general manager (s349 and s344 of the Act).

3. The recruitment process must be open and transparent, but the confidentiality of individual applicants must be maintained. A failure to maintain appropriate confidentiality may constitute a breach of the Act and/or privacy legislation.

4. The council’s governing body is responsible for recruiting the general manager. The governing body should delegate the task of recruitment to a selection panel and approve the recruitment process. The panel will report back to the governing body of council on the process and recommend the most meritorious applicant for appointment by the Council.

5. The selection panel should consist of at least the Mayor, the Deputy Mayor, another councillor and ideally a suitably qualified person independent of the council. The selection panel members should remain the same throughout the entire recruitment process.

6. Selection panels must have at least one male and one female member (other than in exceptional circumstances.)

7. The council’s governing body should delegate to one person (generally the Mayor) the task of ensuring: (a) The selection panel is established; (b) The general manager’s position description is current and evaluated in terms of salary

to reflect the responsibilities of the position; (c) The proposed salary range reflects the responsibilities and duties of the position; (d) The position is advertised according to the requirements of the Act; (e) Information packages are prepared for prospective applicants; and (f) Applicants selected for interview are notified.

8. The Mayor, or another person independent of council staff, should be the contact person for the position and should maintain confidentiality with respect to contact by potential applicants.

9. The selection panel is responsible for preparing a report to the council’s governing body that: (a) Outlines the selection process; (b) Recommends the most meritorious applicant with reasons; (c) Recommends an eligibility list appropriate; and (d) Recommends that no appointment be made if the outcome of the interviews is that there

are no suitable applicants. 10. The report should be confidential and reported to a closed meeting of the council. The council’s

governing body must, by resolution, approve the position of general manager being offered to the successful candidate before the position is actually offered to that candidate.

STRATEGIC IMPLICATIONS: The selection of General Manager is paramount to the long-term strategic direction of the Council.

025


BUDGETARY IMPLICATIONS: There are funds available within Council’s existing budgets for the recruitment and selection of staff, as a result of transition into one council. POLICY IMPLICATIONS: The OLG “Guidelines for the Appointment and Oversight of General Managers” must be adopted as a minimum requirement in the recruitment process. LEGISLATIVE IMPLICATIONS: Local Government Act 1993 Local Government (General) Regulations 2005 RISK ANALYSIS: Nil. CONCLUSION: The selection of a General Manager is one of the most important decisions of any council. Accordingly, the OLG “Guidelines for the Appointment and Oversight of General Managers” should be used as a minimum standard for the establishment of the selection process. It is prudent to also engage a Recruitment Consultant to help facilitate the process for Council as they often increase the field of potential applicants for the position and have excellent experience in facilitating this process. ATTACHMENTS: Nil.

026




CLAUSE 5.

PROPOSED ESTABLISHMENT OF COMMITTEES OF THE COUNCIL – FINANCE COMMITTEE AND AUDIT COMMITTEE


RECOMMENDATION 1. That Council establish two additional advisory committees, with one to be named the

Finance Committee and the other the Audit Committee. 2. That Council adopt the attached Terms of Reference including the proposed

membership for the Finance Committee. 3. That Council appoint all Councillors as members of the Finance Committee. 4. That Council adopt the attached Terms of Reference including the proposed

membership for the Audit Committee. 5. That Council approve the General Manager to seek Expressions of Interest for the

appointment of independent members of the Audit Committee, with Expressions of Interest to be considered by the Council for appointment as per the Terms of Reference.

6. That Council appoint two Councillors to fill the role of members of the Audit Committee. BACKGROUND: Section 355 of the Local Government Act 1993 (the ‘Act’) makes provision that Council may exercise some of its functions through delegation to committees. Clause 260 of the Local Government (General) Regulation 2005 (the ‘Regulation’) provides that councils may, by resolution, establish committees as it considers necessary, and goes on to provide that the committees are to consist of such members as are appointed by the Council. Clause 261 of the Regulation provides that Council must specify the functions of each of its committees when they are established. This report is provided to the Council to explore the establishment of two separate committees. One to be named the Finance Committee and the other the Audit Committee. DISCUSSION: The primary responsibility for corporate governance, management of the financial affairs of Council, for compliance with laws, for ethical behaviour, and for risk management rests with the executive management of the Council. The Council has the responsibility to oversight the functions of executive management in relation to these activities. The Finance Committee and Audit Committee will assist the Council in carrying out their oversight responsibilities.

027


The Council shall ensure that adequate resources are available to allow for the proper functioning of the Committees. Both the Finance Committee and the Audit Committee shall serve as an independent and objective party to assist Council in fulfilling its responsibilities in relation to compliance with relevant legislation and policy directions of the Office of Local Government (OLG). The intent behind the establishment of both a Finance Committee and an Audit Committee is to give a greater focus to the information provided within relevant reports, strategic direction and leadership on matters detailed in the Committee’s roles and responsibilities and to ensure compliance with related legislation and policies. In order to allow the Council to understand more clearly the proposed roles of the Committees, draft Terms of Reference documents have been developed that would apply to the Committees. The proposed draft Terms of Reference are attached to this report (Appendix A and Appendix B). Finance Committee: The draft Terms of Reference shows that the Finance Committee shall consider and advise the Council in relation to strategy and policy for the financial functions of Council. Objectives and Role of the Finance Committee The draft Terms of Reference includes recommended objectives of the Committee as follows: 1. Provide a forum to enable complex and strategic issues to be discussed at length; 2. Provide an opportunity for the community and business representatives to address and make

submissions for Council’s consideration; 3. Receive and consider officer’s reports in order to provide a recommended course of action to

Council to determine matters outlined in the roles and responsibilities of the Committee. The draft Terms of Reference recommend the role of the Committee as: 1. Review Council’s financial performance against the Budget as approved by Council, both

operating and capital budgets including quarterly reviews; 2. Review strategies of management to achieve budget balance; 3. Review long term financial strategies developed by management; 4. Review Council’s Long Term Financial Plan including scenarios; 5. Review any project proposals which involve significant expenditure or joint project delivery (eg.

joint venture); 6. Monitor the development of the Council’s annual Operational Plan; 7. Review and monitor progress of Council’s four year Delivery Program; 8. Review the Council’s progress against key performance indicators. Membership of the Finance Committee It is proposed that the membership of the Finance Committee be all Councillors. The officers that will support this Committee will be the General Manager and the Director Corporate Services. Other officers may attend as required. It is proposed that the Finance Committee meet a minimum of four times per year with meetings tentatively scheduled for the third Tuesday of September, December, March and June. Additional meetings may be called as required to consider significant issues as they arise. Audit Committee: An audit committee plays a pivotal role in the governance framework. It provides Council with independent oversight and monitoring of the Council’s audit processes, including the Council’s internal controls activities. This oversight includes internal and external reporting, risk management activities, internal and external audit, and compliance.

028


Given the key role of the Audit Committee and for it to be most effective it is important that it is properly constituted of appropriately qualified independent members. Section 23A of the Act provides that the Director-General may prepare, adopt or vary guidelines relating to the exercise by a council of any of its functions. A council must take any relevant guidelines issued under Section 23A into consideration before exercising any of its functions. Guidelines on Audit Committees issued by the Division of Local Government (now OLG) under Section 23A of the Act in September 2010, identifies that management has primary responsibility for the design and operation of the risk management and internal control frameworks of the Council. It is separate from the responsibilities of external audit, internal audit and the audit committee. While these functions provide advice and oversight in relation to the risk management and internal controls, they are not responsible for its design or implementation. This responsibility lies solely with management. Good governance in local government relies on a robust independent review of management, finances, risks and operations. The Guidelines also identify that no two audit committees will function in exactly the same way, nor should they. A dynamic audit committee process is required for each council to cater for the particular internal and external influences impacting upon them. The size and conduct of council audit committees will also vary depending on a council’s size and other circumstances. The Guidelines state that key characteristics of good practice audit committee are: A thorough understanding of the audit committee’s position in the legal and governance

framework; Clearly defined roles and responsibilities; Members with relevant personal qualities, skills and experience, including at least one member

with a strong financial and/or audit background; The ability to maintain effective relationships with key stakeholders; The ability and capacity to conduct its affairs efficiently and effectively; and A robust and considered process of assessment and continuous improvement. Roles and Objectives of the Audit Committee Clear roles and responsibilities should be given to an audit committee and documented in the audit committee terms of reference. The broad responsibilities for best practice audit committees include the following: Risk management The control framework External accountability (including the council’s annual audited financial reports) Legislative compliance Internal audit External audit Approving the internal audit charter that will guide the activities of an internal audit group Having input into and approving an internal audit’s long-term strategic plan and annual audit

plan An audit committee, as a crucial component of corporate governance, is fundamental to assisting the General Manager and the Council with their oversight function to: Ensure all key controls are operating effectively; Ensure all key controls are appropriate for achieving corporate goals and objectives; Meet their statutory and fiduciary duties; Provide a forum for discussing problems and issues that may affect the operations of the audit

group and acting as a forum for discussion; Provide a forum for discussion to identify areas worthy of examination by an audit group; and

029


Review the implementation of the annual audit plan and implementation of audit recommendations.

Membership of the Audit Committee The structure and membership of an audit committee in the NSW local government environment will depend on the size of the council. Membership should have a majority of independent members and councillors (excluding the Mayor), with between three and five members. Good practice in governance is that council staff should not be members of the committee. However, this may not be practical for some councils. The chair should be an independent member. A suggested membership is: 1 or 2 councillors (excluding the mayor); and 2 or 3 independent members, at least one with financial expertise and one of whom should be

the chair. The Guidelines identify that the audit committee will achieve its independence by having a majority of independent members external to council and its operations. In addition, it is highly desirable that all members chosen exhibit an independence of mind in their deliberations and do not act as a representative of a particular area of council, or with conflicts of interests. Regular rotation of some or all members is also desirable to keep a fresh approach. Council’s Director Corporate Services should be invited to attend all meetings of the Audit Committee. The external auditor should also be invited to attend as an independent advisor. To preserve the independence of the audit committee, the General Manager should not be a voting member of the committee. In accordance with section 376(2) of the Act, the General Manager is entitled to attend meetings of the audit committee. General Managers are strongly encouraged to enable the audit committee to conduct its activities without undue influence from the General Manager. It is recommended that, even though, pursuant to the Act, the General Manager is entitled to attend all meetings, in line with better practice, the General Manager should allow the audit committee to meet separately with each of the internal auditor and the external auditor without the presence of management on at least one occasion per year. Selection and Appointment of Audit Committee Members When selecting committee members, it is important to ensure that they have appropriate qualifications and experience to fulfil their role. The following qualities are desirable when appointing members: Knowledge of local government Strong communication skills High levels of personal integrity and ethics Sufficient time available to devote to their responsibilities as a committee member High levels of financial literacy and, if possible accounting; financial; legal compliance and/or

risk management experience or qualifications. The audit committee as a whole should have: At least one member with financial qualifications and experience Skills and experience relevant to discharging its responsibilities, including experience in

business, financial and legal compliance, risk management Audit committee members, including the chair should be appointed by the council. This could be done on the recommendation of a committee which has been convened by council with the power

030


to interview and recommend suitable candidates. It is important that the process used is transparent and accountable. If the council wishes to use this process then the committee should prepare a written report for the council that provides details of the qualifications and experience of all eligible applicants for the position(s) of independent audit committee member(s) or audit committee chair from which the council can select the most suitable appointees. Audit Committee Chair The Division of Local Government Guidelines indicates that the chair of the audit committee is critical to the overall effectiveness of the committee. The chair of the committee should be independent and should not be the mayor or a member of council. The term of appointment to the chair should be specified by the council. The council should select an audit committee chair who: Is knowledgeable of the duties and responsibilities of the position, as outlined in the audit

committee charter; especially about local government, financial reporting and auditing requirements;

Has the requisite local government, financial and leadership skills; Has the ability to build good relationships; and Has strong communication skills. Audit Committee Operations Sufficient funds need to be allocated to the audit committee for it to operate effectively. Council should resolve to provide a budget and funds for the audit committee, this should include fees payable to the members. Generally, the audit committee should meet at least four times a year. It is also appropriate to have meetings dedicated to considering the annual external audit plan, external management letters and council’s audited annual financial reports. Where significant issues arise during the year, the committee should consider the need to schedule additional meetings. STRATEGIC IMPLICATIONS: From an overall governance perspective, it is not considered appropriate that the Finance Committee and Audit Committee have delegated authority to make decisions without reference back to a full meeting of the Council. Council officers are recommending that both the Finance Committee and the Audit Committee become advisory committees to Council, with the committees making recommendations to Council on various strategies, structures and actions for Council’s consideration. BUDGETARY IMPLICATIONS: There is a requirement for Council to set an appropriate budget for the operation of the Audit Committee as there may be sitting fees payable to independent members. It is recommended that an initial budget of $15,000 be set for the 2017/18 year for Audit Committee operational costs. POLICY IMPLICATIONS: If the recommendations of this report are adopted by the Council then a review of associated policies will be required and will be referred to each of the Committees for consideration and recommendation back to Council. LEGISLATIVE IMPLICATIONS: Establishment of the Finance Committee and Audit Committee needs to be guided by the relevant provisions of the Local Government Act 1993, the Local Government (General) Regulation 2005 and any Guidelines (especially those issued under Section 23A of the Act) and Circulars issued by the Office of Local Government.

031


RISK ANALYSIS: Nil. CONCLUSION: Section 355 of the Local Government Act 1993 makes provision that Council may exercise some of its functions through delegation to committees. The primary responsibility for corporate governance, management of the financial affairs of Council, for compliance with laws, for ethical behaviour, and for risk management rests with the executive management of the Council. The Council has the responsibility to oversight the functions of executive management in relation to these activities. The Finance Committee and Audit Committee will assist the Council in carrying out their oversight responsibilities. Both the Finance Committee and the Audit Committee shall serve as an independent and objective party to assist Council in fulfilling its responsibilities in relation to compliance with relevant legislation and policy directions of the Office of Local Government (OLG). ATTACHMENTS: 1. Murray River Council Finance Committee – Terms of Reference (Appendix A) 2. Murray River Council Audit Committee – Terms of Reference (Appendix B)

032




CLAUSE 6.

FUNDING DEED – FAMILY AND COMMUNITY SERVICES


RECOMMENDATION 1. That the Council approve the Deed of Variation to the Funding Deed between Family

and Community Services and Murray River Council. 2. That the Council authorise the Mayor and General Manager to execute the Deed of

Variation to the Funding Deed between Family and Community Services and Murray River Council, including the affixing of the Common Seal of Council to the Deed of Variation.

BACKGROUND: A Funding Deed has been entered into between Family and Community Services (FACS) and Murray River Council for the provision of Council’s community services activity. The Funding Deed is a written legal agreement between FACS and a service provider, made to enable the delivery of services to children, young people, families and communities. The Funding Deed is supported by a Program Level Agreement specific to each program. These documents form a legally binding contract between FACS and service providers. DISCUSSION: Council has entered into a Funding Deed with FACS for the provision of Council’s community services activity. That Funding Deed was signed was for a term of three years with the option of a two year extension. Currently, the Funding Deed is in the extension period. Council has received a request from FACS proposing to vary the current Funding Deed to remove the time limit (expiry date) and make it ongoing. This proposal has come about simply because when the Funding Deed expires any Program Level Agreement under the Deed will be automatically terminated. This is a problem for both Council and FACS as Council would no longer be contracted to provide services and FACS would not be able to provide funding. Changing the existing Funding Deed with a fixed term to one that has no expiry date will impose no impact on the operation of the Program Level Agreements that Council has already executed with FACS. STRATEGIC IMPLICATIONS: Nil. BUDGETARY IMPLICATIONS: If the Funding Deed between Council and FACS expires, any Program Level Agreement under the Deed will be automatically terminated. This will have implications on the ability for Council to continue to provide community services to the community.

033


POLICY IMPLICATIONS: Nil. LEGISLATIVE IMPLICATIONS: Nil. RISK ANALYSIS: Nil. CONCLUSION: Council has entered into a Funding Deed with FACS for the provision of Council’s community services activity. That Funding Deed was signed was for a term of three years with the option of a two year extension. FACS has requested Council to consider and sign a Deed of Variation to the Funding Deed for the removal of the Deed expiry date. ATTACHMENTS: Nil.

034




CLAUSE 7.

REMEMBRANCE DAY SERVICES


RECOMMENDATION 1. That the Mayor, or a representative, attends the Remembrance Day Service in

Mathoura at the War Memorial, Soldiers Memorial Gardens on Saturday 11 November 2017, commencing at 10:45am.

2. That the Mayor, or a representative, attends the Remembrance Day Service in Moama at the War Memorial, Kerrabee Soundshell on Saturday 11 November 2017, commencing at 10:55am.

BACKGROUND: Remembrance Day, which was originally called Armistice Day, is a memorial day observed in Australia since the end of the First World War to remember, generally with a minute of silence, the members of the armed forces who died in the line of duty. Remembrance Day is observed annually on November 11 to recall the end of hostilities of the Great War (World War I), the signing of the armistice, which occurred on November 11, 1918 – the 11th hour of the 11th day of the 11th month. It was the usual practice of the Mathoura RSL Sub Branch and the Moama RSL Sub Branch (within the former Murray Shire Council area) to request representation by the Council at their annual Remembrance Day Services. It should be noted that this practice was not followed in the former Wakool Shire Council area. DISCUSSION: Council has received the following requests: 1. Remembrance Day – Mathoura

The Mathoura RSL Sub Branch has extended an invitation to the General Manager, or a representative, of the Murray River Council to attend its Remembrance Day Service to be held on Saturday 11 November 2017, commencing at 10:45am at the War Memorial, Soldiers Memorial Gardens, Mathoura, with morning tea to follow.

As per normal practice, a position will be made available for Council’s representative to lay a

wreath on behalf of the Murray River Council community.

035


2. Remembrance Day – Moama The Moama RSL Sub Branch has extended an invitation to the Mayor and General Manager, or a representative, of the Murray River Council to attend its Remembrance Day Service to be held on Saturday 11 November 2017, commencing at 10:55am at the Cenotaph, Kerrabee Soundshell, Moama. As per normal practice, a position will be made available for Council’s representative to lay a wreath on behalf of the Murray River Council community. No speeches are required. In addition, the Sub Branch has requested Council to supply access to power at the Cenotaph and to locate and relocate seating for 200 people. Council’s staff will attend to these items.

STRATEGIC IMPLICATIONS: Nil. BUDGETARY IMPLICATIONS: There is an allocation in the Council’s budget for civic functions, such as Remembrance Day. POLICY IMPLICATIONS: Nil. LEGISLATIVE IMPLICATIONS: Nil. RISK ANALYSIS: Nil. CONCLUSION: Remembrance Day is observed annually on November 11 to remember, generally with a minute of silence, the members of the armed forces who have died in the line of duty. The Mathoura RSL Sub Branch and the Moama RSL Sub Branch hold Remembrance Day services in their respective towns, and cordially invite a representative of Council to attend and lay a wreath on behalf of the Murray River Council community. ATTACHMENTS: Nil.

036




CLAUSE 8.

MURRAY DARLING BASIN AUTHORITY – SUSTAINABLE DIVERSION LIMITS ADJUSTMENT MECHANISM – DRAFT DETERMINATION REPORT


RECOMMENDATION 1. That Council consider the Murray Darling Basin Authority Sustainable Diversion Limit

Adjustment Mechanism Assessment – Draft Determination Report. 2. That Council make comments for inclusion in a submission in response to the

Sustainable Diversion Limits Adjustment Mechanism Assessment – Draft Determination Report to meet the close of submissions on 3 November 2017.

BACKGROUND: The Murray Darling Basin Plan (MDBP) sets sustainable diversion limits, which is how much water can be used in the Murray–Darling Basin, while leaving enough water for the environment. To provide flexibility, the MDBP includes a mechanism to adjust sustainable diversion limits. If MDBP environmental outcomes can be reached with less water, more water can remain in the system for other users, including irrigated agriculture. Similarly, if farming practices can be made more efficient, more water can be made available for the environment. Improvements can be made to save water through water supply infrastructure, changes to river operating rules and improvements in water use efficiency. These changes can benefit the environment by using water more effectively to achieve the outcomes of the MDBP. Basin governments have identified a suite of projects that make the delivery of water more efficient and flexible. An assessment by the Murray Darling Basin Authority (MDBA) has determined there will be 605 gigalitres (GL) additional water available for communities through the Adjustment Mechanism, if the package of projects is agreed. Basin governments are also evaluating ways in which up to 450 gigalitres (GL) may be secured for the environment through programs that improve the efficiency of water use between now and 2024. DISCUSSION: In consultation with Basin governments, the MDBA has developed an assessment framework to assess how much water is being saved through the Sustainable Diversion Limit Adjustment Mechanism supply projects. This assessment framework has been used to calculate the new Sustainable Diversion Limit (SDL). The framework is complex and includes components such as computer (hydrological) models, hydrological indicator sites, limits on hydrological change and ecological equivalence scoring. This framework has been trialled and thoroughly reviewed by independent experts and all Basin governments. It is scientifically rigorous and suitable for

037


determining an appropriate adjustment. The framework compares project outcomes with the MDBP and applies tests during the comparison to ensure the outcomes of the MDBP are achieved. The MDBA has assessed a suite of projects to determine an adjustment to the SDL. The following reports outline how the MDBA has administered the assessment framework, designed in collaboration with Basin governments, to assess the state projects and calculate how much water these projects will contribute towards any change in SDLs. This includes modelling a fully implemented MDBP, modelling different scenarios under the adjustment mechanism framework and independent assessments of the MDBA’s modelling and limits of change assessment.

Purpose of the Sustainable Diversion Limit Adjustment Mechanism Assessment – Draft Determination Report This report provides the Authority’s draft determination of the proposed adjustment to the sustainable diversion limit (SDL). The determination is based on 36 projects notified by state governments through the SDL Adjustment Mechanism in the Basin Plan, which aim to achieve equivalent environmental outcomes using less water. The Report is available at the following link. https://www.mdba.gov.au/publications/mdba-reports/sustainable-diversion-limit-adjustment-mechanism-assessment-draft

The MDBA invites public comment on the draft SDL adjustment determination in the period from Tuesday 3 October 2017 until Friday 3 November 2017. Draft determination The Murray–Darling Basin (the Basin) is a complex, diverse and dynamic system. It is constantly changing in response to the influences of people, the climate and the way water is used for production, communities and the environment. The Basin Plan aims to find a balance between the water needs of all Basin users, to make sure communities, industries and the environment continue to thrive. It does this through setting limits on the amount of surface and ground water that can be taken to ensure sustainable use into the future. These limits, also known as sustainable diversion limits (SDLs), regulate the amount of water that can be used by communities and industries both within catchment areas and across the entire Basin. The Basin Plan set an initial water recovery target of 2750 GL for the whole Basin, an approximately 20 percent reduction in water extractions. In settling the Basin Plan, Basin governments agreed that this target could be amended in two ways: 1. a review of northern Basin SDLs; and 2. the SDL Adjustment Mechanism. Under the SDL Adjustment Mechanism, state governments can nominate projects which aim to achieve agreed Basin Plan environmental outcomes with less water, leaving this water in the system for consumptive uses. These projects are referred to as ‘supply measures’. Governments can also propose projects that provide more water for the environment by making consumptive water use more effective and efficient, providing those water savings to the environment (referred to as ‘efficiency projects’). The SDL Adjustment Mechanism allows an increase in SDLs of up to 650 GL of water from supply measures, and 450 GL of additional water for the environment from efficiency measure projects. State governments have nominated 36 supply measure and two efficiency measure projects.

038


The Authority has undertaken its assessment of the supply measure projects using the SDL Adjustment Mechanism framework in the Basin Plan, and determined a proposed SDL adjustment increase of 605 GL. With current water recovery, including contracted deliveries, this means that no further gap bridging water recovery would be required to meet the southern connected Basin’s 2289 GL contribution to meeting the Basin wide target of 2750 GL. This report sets out the proposed SDL adjustment amount resulting from the package of supply measures nominated by state governments in the southern Basin. The information in the report provides an account of how the Authority arrived at the adjustment amount, including the tests applied to protect the aims of the Basin Plan, and the outcomes expected from the package of projects nominated by state governments.

Sustainable Diversion Limit Adjustment Mechanism timing

The following supporting documents are also available at the following link: https://www.mdba.gov.au/publications/mdba-reports/sustainable-diversion-limit-adjustment-mechanism-assessment-draft

Benchmark conditions of development for assessment of the SDL supply

contribution The Benchmark outlines a model of a fully implemented Basin Plan. The report describes

how changes were included into the Basin Plan Benchmark scenario to produce the Sustainable Diversion Limit Benchmark scenario. This represents the implementation of the Basin Plan to achieve 2750 GL of water recovery for the environment. This model was agreed to by all Basin governments.

Modelling assessment to determine SDL Adjustment Volume

The Modelling Assessment report describes the implementation of the supply measures package in the modelling framework. The report explains how the model represents and assesses the supply measures to achieve maximum supply contribution. The report lists the results of three equivalence tests (ecological elements score tests, limits of change in environmental outcomes, and reliability of supply targets) to compare environmental outcomes and reliability of the Sustainable Diversion Limit Adjustment scenario to the Sustainable Diversion Limit Benchmark scenario.

039


Independent Review of Hydrologic Modelling for SDL Adjustment (by Bewsher Consulting) The Independent Audit of Modelling report details the findings of the independent review of the Sustainable Diversion Limit Benchmark and Adjustment scenarios. It gives a detailed evaluation of the modelling framework, outlining the methodology and criteria used to assess the Sustainable Diversion Limit Benchmark and Adjustment scenarios. The independent audit lists a number of suggested improvements to ensure the modelling framework is an appropriate representation of the system and remains fit for purpose.

Independent Expert Panel Murray–Darling Basin Plan SDL Limits of Change Review

Prior to the Sustainable Diversion Limit adjustment determination, early MDBA modelling indicated the potential for a number of limits of change rules to breach. The MDBA commissioned an expert review panel to undertake an independent ecological analysis of the potential breaches likely to occur across several possible Sustainable Diversion Limit adjustment model runs. This report outlines the independent expert panel's assessment.

Advice from the Basin Officials Committee

The Basin Officials Committee has reviewed the draft determination and provided its advice to the MDBA on the proposed adjustment to Sustainable Diversion Limits. This includes advice from the New South Wales, Victorian and South Australian governments.

STRATEGIC IMPLICATIONS: Determination of water allocations for the environment at the expense of productive consumption will lead to necessary action within communities to ensure sustainability of local economies and productive outputs. BUDGETARY IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil. LEGISLATIVE IMPLICATIONS: The Sustainable Diversion Limits requirement is a condition of the Murray Darling Basin Plan implementation legislation. RISK ANALYSIS: Nil. CONCLUSION: The Sustainable Diversion Limit deals with the achievement of savings of 605GL of water without the need for reducing the amount of water available for consumptive use. The projected savings required to meet the conditions of the Murray Darling Basin Plan are available through the savings from the identified and approved efficiency projects. These projects are assessed as providing the 605GL of savings. ATTACHMENTS: Nil.

040




CLAUSE 9.

COMMONWEALTH ENVIRONMENTAL WATER OFFICE – DISCUSSION PAPER – DEVELOPMENT OF A FRAMEWORK FOR INVESTING IN ENVIRONMENTAL ACTIVITIES


RECOMMENDATION 1. That Council note the Commonwealth Environmental Water Office Discussion Paper

– Development of a Framework for Investing in Environmental Activities (Discussion Paper).

2. That Council provide comments for inclusion in a submission in response to the Discussion Paper in time to allow a submission to be prepared before the close off date of 30 November 2017.

BACKGROUND: The Commonwealth Environmental Water Office (CEWO) has publicly released a Discussion Paper titled Development of a Framework for Investing in Environmental Activities (Discussion Paper). Submissions are sought by a close off date of 30 November 2017. DISCUSSION: Changes to the Water Act 2007 mean the Commonwealth Environmental Water Holder (CEWH) now has greater flexibility in how the proceeds from the sale of water allocations can be spent. The Discussion Paper calls for input from the community on how these proceeds can be best invested in eligible environmental activities. The Discussion Paper also provides background information on the relevant legislative context, as well as guiding principles for when it may be possible to use the proceeds from allocation trade to fund environmental activities, and the range of activities that may be eligible for investment. The Discussion Paper includes a number of questions to guide feedback in a template format and a space for general comments. The CEWO has stated that any information provided will help in the development of the final Investment Framework. When the feedback has been assessed a brief consultation outcome summary report will be published on the CEWO webpage. A copy of the Development of a Framework for Investing in Environmental Activities Discussion Paper is available from the CEWO website: http://www.environment.gov.au/water/cewo/investment-framework/discussion-paper

041


STRATEGIC IMPLICATIONS: The availability of water for environmental or consumptive use is critical to the sustainability of this region and will impact on long-term strategies for economic growth. BUDGETARY IMPLICATIONS: Nil. POLICY IMPLICATIONS: Nil. LEGISLATIVE IMPLICATIONS: Changes to the Water Act 2007 need to be considered in determining the submissions which will be made in response to the Discussion Paper. RISK ANALYSIS: Nil. CONCLUSION: A significant volume of water has been removed from productive consumptive use from within this region, therefore it is important that the Investment Framework makes provision for significant environmental activities in this region as partial compensation for these losses. It is imperative that the Framework does not allow for investment to be directed to areas not associated with the Murray Darling Basin and not impacted by water allocations. ATTACHMENTS: Nil.

042

1

MURRAY RIVER COUNCIL FINANCE COMMITTEE TERMS OF REFERENCE

Adopted by Council at its meeting on [date]

Murray River Council · PO Box 21, Mathoura NSW 2710 · p 1300 087 004 · f 03 5884 3417 · e [email protected] · w www.murrayriver.nsw.gov.au

1. PURPOSE 1.1 The Murray River Council (the ‘Council’) Finance Committee (the ‘Committee’) has been

established as an advisory committee of Council in accordance with the Local Government (General) Regulation 2005.

1.2 The purpose of the Committee is to provide strategic direction and leadership on matters detailed in the Committee roles and responsibilities.

1.3 The Committee will conduct much of the investigative and detailed work leading to a recommendation to the Council to enable an informed decision to be made.

1.4 The Council has no set time limit on the duration of the establishment of the advisory Committee. It shall remain in existence until such time as the Council resolves to revoke its establishment.

2. OBJECTIVES

2.1 Provide a forum to enable complex and strategic issues to be discussed at length; 2.2 Provide an opportunity for the community and business representatives to address and

make submissions for the Council’s consideration; 2.3 Receive and consider Council officer’s reports in order to provide a recommended

course of action to the Council to determine matters outlined in the roles and responsibilities of the Committee.

3. MEMBERSHIP

3.1 The Council has resolved that the Committee shall consist of all the elected members of the Council.

3.2 The General Manager, Director Corporate Services and Manager Finance will attend as advisors to the Committee and arrange to provide executive support for the Committee.

3.3 Council may invite other officers and external representation as considered appropriate. 4. ROLES AND RESPONSIBILITIES

4.1 The basic function of the Committee is to make recommendations to the Council on all financial policy issues affecting the business of Council to ensure it operates in a corporately responsible and accountable way. Specific functions as follows: Review Council’s financial performance against the Budget as approved by the

Council, both operating and capital budgets including quarterly reviews; Review strategies of management to achieve budget balance; Guide and review Council’s long term financial strategies developed by

management; Review Council’s Long Term Financial Plan (LTFP) including scenarios; Review any project proposals that involve significant expenditure or joint project

delivery (eg. joint venture); Monitor the development of the Council’s annual Operational Plan; Review and monitor progress of Council’s four year Delivery Program; Review the Council’s progress against key performance indicators; Undertake a review of Council’s financial policies and recommend any changes

which are considered necessary;

043

2




Review as required relevant legislation affecting Local Government and recommend appropriate policy responses;

Consider reports and make recommendations to the Council on matters referred to it by the Council, other Council Committees or by the General Manager;

Establish, when necessary, sub-committees and/or working parties to assist in carrying out the Committee’s function.

5. AUTHORITY/DELEGATION OF THE COMMITTEE

5.1 The Committee is to be an advisory committee and will only have the power to recommend a course of action to the full Council.

5.2 The Council, by resolution, may delegate authority to the Finance Committee to decide matters.

5.3 Delegation of authority may be specific to an individual matter or in general terms to provide lasting authority to determine nominated issues. Such delegations must be in accordance with Council’s Delegation of Authority Policy and be included in Council’s Delegation Register.

6. REPORTING

6.1 The Committee will report regularly through the provision of minutes of meetings which may include both the Committee’s deliberations and advice or recommendations to the next Ordinary Meeting of Council.

7. ADMINISTRATIVE ARRANGEMENTS

7.1 Meetings The Committee will meet at least four (4) times per year, with one (1) of these

meetings to include review and endorsement of the annual Operational Plan and Budget.

The need for any additional meetings will be decided by the chair of the Committee, in consultation with the General Manager, although other Committee members may make requests to the chair for additional meetings.

A forward meeting plan, including meeting dates and agenda items, will be agreed by the Committee each year. The forward meeting plan will cover all Committee responsibilities, as detailed in this Finance Committee Terms of Reference.

7.2 Attendance at meetings and quorums

A quorum will consist of a majority of Committee members. Meetings can be held in person, by telephone or by video conference.

The Director Corporate Services will provide executive assistance to the Finance Committee and attend Committee meetings as required. The Committee may also request other employees or external experts to participate for certain agenda items.

7.3 Secretariat

The Director Corporate Services will be responsible for ensuring that the Committee has adequate secretariat support.

044

3




The Secretariat will ensure the agenda for each meeting and supporting papers are circulated at least one (1) week before the meeting, and ensure minutes of the meetings are prepared and maintained.

Minutes shall be approved by the chair and circulated to each member within three (3) weeks of the meeting being held.

7.4 Conflict of interests

Councillors, Council staff and members of Council committees must comply with the applicable provisions of Council’s Code of Conduct in carrying out the functions as Council officials. It is the personal responsibility of Council officials to comply with the standards in the Code of Conduct and regularly review their personal circumstances with this in mind. Committee members must declare any conflict of interests at the start of each meeting or before discussion of a relevant agenda item or topic. Details of any conflict of interests should be appropriately minuted.

Where members or invitees at Committee meetings are deemed to have a real or perceived conflict of interests, it may be appropriate they be excused from Committee deliberations on the issue where the conflict of interests may exist. The final arbiter of such a decision is the chair of the Committee.

7.5 Induction

New members of the Committee will receive relevant information and briefings on their appointment to assist them to meet their Committee responsibilities.

7.6 Assessment arrangements

The chair of the Committee will initiate a review of the performance of the Committee at least once (1) every two (2) years.

The review will be conducted on a self-assessment basis (unless otherwise determined by the chair), with appropriate input from management and any other relevant stakeholders, as determined by the chair.

7.7 Review of Finance Committee Terms of Reference

At least once (1) every two (2) years the Finance Committee will review this Finance Committee Terms of Reference.

045

1

MURRAY RIVER COUNCIL AUDIT COMMITTEE TERMS OF REFERENCE



1. OBJECTIVE The objective of the Murray River Council (the ‘Council’) Audit Committee (the ‘Committee’) is to provide independent assurance and assistance to the Council on risk management, control, governance, and external accountability responsibilities.

2. AUTHORITY The Council authorises the Committee, within the scope of its role and responsibilities, to: Obtain any information it needs from any employee or external party (subject to their

legal obligations to protect information). Discuss any matters with the external auditor or other external parties (subject to

confidentiality considerations). Request the attendance of any employee or councillor at Committee meetings. Obtain external legal or other professional advice considered necessary to meet its

responsibilities.

3. COMPOSITION AND TENURE The Committee will consist of: 3.1 Members (voting)

Two (2) Councillors; Two (2) independent external members (not a member of the Council) who have

relevant experience or qualifications; and One (1) other independent external member (not a member of the Council) to be the

chairperson who has relevant experience or qualifications. 3.2 Invitees as advisers (non-voting)

General Manager Director Corporate Services

3.3 Invitees for specific Agenda items (non-voting)

Representatives of the external auditor Other Council officers may attend by invitation, as requested by the Committee

The independent external members will be appointed for the term of the Council, after which

they will be eligible for extension or re-appointment following a formal review of their performance with a limit of two (2) consecutive terms.

The members of the Committee, taken collectively, will have a broad range of skills and

experience relevant to the operations of Council. At least one member of the Committee shall have accounting or related financial management experience, with understanding of accounting and auditing standards in a public sector environment.

046

2




4. ROLE AND RESPONSIBILITIES The Committee has no executive powers, except those expressly provided by the Council. In carrying out its responsibilities, the Committee must at all times recognise that primary responsibility for management of Council rests with the Council and the General Manager, as defined by the Local Government Act 1993. The responsibilities of the Committee may be revised or expanded by the Council from time to time. The Committee’s responsibilities are:

4.1 Risk management

Review whether management has in place a current and comprehensive risk management framework, and associated procedures for effective identification and management of business and financial risks, including fraud;

Review whether a sound and effective approach has been followed in developing strategic risk management plans for major projects or undertakings;

Review the impact of the risk management framework on its control environment and insurance arrangements; and

Review whether a sound and effective approach has been followed in establishing business continuity planning arrangements, including whether plans have been tested periodically.

4.2 Control framework – internal accountability

Review whether management has adequate internal controls in place, including over external parties such as contractors and advisors;

Review whether management has in place relevant policies and procedures, and these are periodically reviewed and updated;

Progressively review whether appropriate processes are in place to assess whether policies and procedures are complied with;

Review whether appropriate policies and procedures are in place for the management and exercise of delegations; and

Review whether management has taken steps to embed a culture which is committed to ethical and lawful behaviour.

4.3 External accountability

Satisfy itself the annual financial reports comply with applicable Australian Accounting Standards and supported by appropriate management sign-off on the statements and the adequacy of internal controls;

Review the external audit opinion, including whether appropriate action has been taken in response to audit recommendations and adjustments;

To consider contentious financial reporting matters in conjunction with Council’s management and external auditors;

Review the processes in place designed to ensure financial information included in the annual report is consistent with the signed financial statements;

047

3




Satisfy itself there are appropriate mechanisms in place to review and implement, where appropriate, relevant State Government reports and recommendations; and

Satisfy itself there is a performance management framework linked to organisational objectives and outcomes.

4.4 Legislative compliance

Determine whether management has appropriately considered legal and compliance risks as part of risk assessment and management arrangements; and

Review the effectiveness of the system for monitoring compliance with relevant laws, regulations and associated government policies.

4.5 External audit

Act as a forum for communication between the Council, General Manager, senior management, internal audit and external audit;

Provide input and feedback on the financial statement and performance audit coverage proposed by external audit, and provide feedback on the external audit services provided;

Review all external plans and reports in respect of planned or completed external audits, and monitor the implementation of audit recommendations by management; and

Consider significant issues raised in relevant external audit reports and better practice guides, and ensure appropriate action is taken.

4.6 Responsibilities of members Members of the Committee are expected to:

Understand the relevant legislative and regulatory requirements appropriate to Council;

Contribute the time needed to study and understand the papers provided; Apply good analytical skills, objectivity and good judgment; and Express opinions frankly, ask questions that go to the fundamental core of issues,

and pursue independent lines of enquiry. 5. REPORTING

The Committee may, at any time, consider any other matter it deems of sufficient importance to do so. In addition, at any time an individual Committee member may request a meeting with the chair of the Committee.

The Committee will report regularly, and at least annually, to the governing body of Council on

the management of risk and internal controls.

048

4




6. ADMINISTRATIVE ARRANGEMENTS

6.1 Meetings The Committee will meet at least four (4) times per year, with one (1) of these

meetings to include review and endorsement of the annual audited financial reports and external audit opinion;

The need for any additional meetings will be decided by the chair of the Committee, though other Committee members may make requests to the chair for additional meetings; and

A forward meeting plan, including meeting dates and agenda items, will be agreed on by the Committee each year. The forward meeting plan will cover all Committee responsibilities, as detailed in this Audit Committee Terms of Reference.

6.2 Attendance at meetings and quorums

A quorum will consist of a majority of Committee members, including at least one (1) independent member. Meetings can be held in person, by telephone or by video conference;

The Director Corporate Services will provide executive assistance to the Audit Committee and attend Committee meetings as required. The Committee may also request other employees to participate for certain agenda items, as well as the external auditor; and

The General Manager may attend each meeting but will permit the Committee to meet separately with the external auditor in the absence of management on at least one (1) occasion per year.

6.3 Secretariat

The Director of Corporate Services will be responsible for ensuring that the Committee has adequate secretariat support. The Secretariat will ensure the agenda for each meeting and supporting papers are circulated, at least one (1) week before the meeting, and ensure minutes of the meetings are prepared and maintained. Minutes shall be approved by the chair and circulated to each member within three (3) weeks of the meeting being held.

6.4 Conflict of interests

Councillors, Council staff and members of Council committees must comply with the applicable provisions of Council’s Code of Conduct in carrying out the functions as Council officials. It is the personal responsibility of Council officials to comply with the standards in the Code of Conduct and regularly review their personal circumstances with this in mind. Committee members must declare any conflict of interests at the start of each meeting or before discussion of a relevant agenda item or topic. Details of any conflict of interests should be appropriately minuted; and

Where members or invitees at Committee meetings are deemed to have a real or perceived conflict of interests, it may be appropriate they be excused from Committee deliberations on the issue where the conflict of interests may exist. The final arbiter of such a decision is the chair of the Committee.

049

5




6.5 Induction New members of the Committee will receive relevant information and briefings on

their appointment to assist them to meet their Committee responsibilities. 6.6 Assessment arrangements

The chair of the Committee will initiate a review of the performance of the Committee at least once (1) every two (2) years. The review will be conducted on a self-assessment basis (unless otherwise determined by the chair), with appropriate input from management and any other relevant stakeholders, as determined by the chair.

6.7 Review of Audit Committee Terms of Reference

At least once (1) every two (2) years the Audit Committee will review this Audit Committee Terms of Reference.

050

This is Page No. 1 of the Director Corporate Services Report submitted to the Ordinary Meeting of MURRAY RIVER COUNCIL held on Tuesday 17 October 2017 at the Moulamein Community Sporting Complex, Moulamein South Recreation Reserve, Endeavour Drive, Moulamein.

MURRAY RIVER COUNCIL DIRECTOR CORPORATE SERVICES REPORT


CLAUSE 1.

MURRAY RIVER COUNCIL – INVESTMENT POLICY

AUTHOR: DIRECTOR CORPORATE SERVICES, Lesley Palmer TRIM REF:

RECOMMENDATION That the Council adopt the Murray River Council Investment Policy. BACKGROUND: The Murray River Council Investment Policy is tabled annually to Council for approval. This year, the policies of the former two councils were reviewed, as was an investment policy from an adjoining NSW council. DISCUSSION: The objectives of the Policy are to: Provide a framework for the investing of Council’s funds at the most favourable rate, whilst

ensuring consideration is given to the preservation of capital, liquidity, level of risk and security.

Undertake the investment of surplus funds in authorised investments, to secure maximum returns, taking into account legislative requirements, risk, diversification, funds availability, overdraft exposure and Council’s Annual Operational Plan and Four Year Delivery Program.

Manage Council’s cash flow to meet obligations as and when due. Areas that are covered within the Policy include: Risk management and guidelines Approved investments A review and update of the applicable legislation Direct investment Credit and maturity guidelines Prohibited investments Reporting requirements The Policy is to be reviewed annually. Variations may be proposed by the General Manager and will be brought to the Council for approval. STRATEGIC IMPLICATIONS: The Policy fits within the Integrated Planning and Reporting (IP&R) Framework, Operational Plan and Long Term Financial Plan.

051


BUDGETARY IMPLICATIONS: There are no budgetary implications to this Policy, costs are covered by the existing budget for staff time. POLICY IMPLICATIONS: Related policy – Integrated Planning and Reporting Framework, no modification is required. LEGISLATIVE IMPLICATIONS: Local Government Act 1993 Section 625 Local Government Act 1993 (Local Government (General) Regulation 2005) Regulation

No. 212

RISK ANALYSIS: Nil. CONCLUSION: That the Murray River Council Investment Policy be approved by the Council. ATTACHMENTS: 1. Murray River Council Draft Investment Policy (Appendix 1)

052




CLAUSE 2.

FINANCIAL STATEMENTS AND INVESTMENTS – 30 SEPTEMBER 2017

AUTHOR: MANAGER FINANCE, Anwarul Abedin TRIM REF:

RECOMMENDATION 1. That the report detailing Council’s cashbook balance of $57,080,649.50 as at

30 September 2017 is received by the Council. 2. That the report detailing Council’s investment balance of $57,175,529.86 as at

30 September 2017 is received by the Council. DISCUSSION: The investment information has been provided for the Murray River Council, the information includes pie charts to improve the readability of the information and further graphs and charts will be developed for the next meeting of the Council. No adjustments have been made as a result of changes to credit ratings. REPORT - BANK RECONCILIATION Shown below are the Financial Statements, Bank Reconciliations and Investments for the period ending 30th September 2017. INTERIM STATEMENT OF BANK BALANCES AS AT 30 SEPTEMBER 2017 OF COUNCIL’S COMBINED ACCOUNTS

DETAILS JULY 2017 AUGUST 2017 SEPTEMBER 2017

Cash Book Balance B/Fwd $1,000,242.80 $813,793.81 $6,537,638.76

Add income for month $2,023,270.56 $9,433,705.10 $2,449,550.74

Deduct expenditure for month $4,598,453.82 $3,705,055.21 $4,578,107.19

CASH AVAILABLE ($1,574,940.46) $6,542,443.70 $4,409,082.31

Loan Funds $0.00 $0.00 $0.00

Redeem/(Purchase) Investments $2,388,734.27 ($4,804.94) ($4,513,332.02)

CASH BOOK BALANCE $813,793.81 $6,537,638.76 ($104,249.71)

Add investments $52,657,392.90 $52,662,197.84 $57,175,529.86

INTERIM CASH POSITION $53,471,186.71 $59,199,836.60 $57,071,280.15

Less Retirement Village Funds $95,769.16 ($117,631.33) $9,369.35

CASH POSITION $53,566,955.87 $59,082,205.27 $57,080,649.50

As per Bank Statements $1,108,704.40 $6,421,077.98 $340,656.40

053


INTERIM INTERNAL CASHBOOK BALANCES

FUNDS JULY 2017 AUGUST 2017 SEPTEMBER 2017

General Fund $39,996,311.09 $44,005,587.64 $44,291,633.63Water Supply Fund $6,605,535.39 $7,470,074.05 $6,143,966.81Sewerage Fund $6,965,109.39 $7,606,543.58 $6,645,049.06

$53,566,955.87 $59,082,205.27 $57,080,649.50 OVERDRAFT LIMITS: Bank Overdraft - $400,000.00.

I hereby certify that I have reconciled the cashbook of the various funds of Council, with the appropriate Pass Sheets as at 30 September 2017.

Lesley Palmer Responsible Accounting Officer

REPORT - INVESTMENTS AS AT 30 SEPTEMBER 2017 As required by Regulation 212 of the Local Government (General) Regulation 2005, attached are the details of Council’s surplus funds invested, totalling $57,175,529.86 at 30 September 2017 in accordance with Section 625 of the Local Government Act, 1993.

054


055


I certify that the above investments have been made in accordance with Section 625 of the Local Government Act 1993, Regulation 212 of the Local Government (General) Regulations 2005 and Council’s investment policies.

Lesley Palmer Responsible Accounting Officer

AMP8%

B&AB14%

Bank Australia3%

Bank of Queensland

3%BANKWEST6%

ME Bank3%MyState

1%

NAB36%

Rural Bank1%

SCORP10%

St George2% WAWCU

9%

Westpac 4%

SP0%

Breakup by Institution

AAA0%

AA65%

A22%

BBB4% Unrated

9%

Investment by Credit Rating

056


STRATEGIC IMPLICATIONS: Nil. BUDGETARY IMPLICATIONS: Nil. POLICY IMPLICATIONS: A new Murray River Council Investment Policy was identified as needed, as the annual approval process was due, it was tabled at this meeting. LEGISLATIVE IMPLICATIONS: Section 625 of the Local Government Act 1993. Regulation 212 of the Local Government (General) Regulations 2005. RISK ANALYSIS: Not Applicable. CONCLUSION: Murray River Council liquidly is in a satisfactory position at this point in time. ATTACHMENTS: Nil.

057




CLAUSE 3.

GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT 2009 – MURRAY RIVER COUNCIL 2017/2018 AGENCY INFORMATION GUIDE

AUTHOR: MANAGER RISK, Sandra Gordon TRIM REF:

RECOMMENDATION That the Council adopts the Murray River Council 2017/2018 Agency Information Guide in accordance with Section 21 of the Government Information (Public Access) Act 2009. BACKGROUND: Section 21 of the Government Information (Public Access) Act 2009 (the ‘GIPA Act’) requires all agencies to review and update their Agency Information Guide at intervals of not more than 12 months or by no later than 31 July each year. Council’s 2017/2018 Agency Information Guide has been prepared in line with the NSW Information and Privacy Commission’s Guideline 6: Agency Information Guides – December 2016. Council adopted the 2016/2017 Information Guide at the October 2016 Council meeting. DISCUSSION: Council is required to publish this Information Guide and all listed items to Council’s website. STRATEGIC IMPLICATIONS: The Policy fits within the Integrated Planning and Reporting (IP&R) Framework, Operational Plan and Long Term Financial Plan. BUDGETARY IMPLICATIONS: This report relates to Council’s obligation to meet all legislative requirements. POLICY IMPLICATIONS: No policy implications have been identified within this report. LEGISLATIVE IMPLICATIONS: This Guide is produced as a requirement of the Government Information (Public Access) Act 2009.

058


RISK ANALYSIS: Failure to endorse the Murray River Council 2017/2018 GIPA Agency Information Guide would lead to a high likelihood that Council would fail to meet its obligations under the GIPA Act and have very serious consequences. Acceptance of the Guide reduces risk as low as reasonably practical. CONCLUSION: That the Murray River Council 2017/2018 Agency Information Guide be accepted by the Council. ATTACHMENTS: 1. Murray River Council 2017/2018 Agency Information Guide (Appendix 2)

059




CLAUSE 4.

GREATER WAKOOL WARD S355 COMMITTEES – 2017/2018 DOLLAR FOR DOLLAR GRANT APPLICATIONS

AUTHOR: Peter Arthur TRIM REF:

RECOMMENDATION That Council allocates $1,350.00 from the S355 Committee 2017/2018 dollar for dollar grant program to the Barham Recreation Reserve Committee to install a shelter at each of the two netball courts to provide shelter for the netball game officials at the Recreation Reserve. BACKGROUND: Council has received a request from the Barham Recreation Reserve Committee seeking consideration for a dollar for dollar grant to install a shelter at each of the two netball courts to provide shelter for the netball game officials. The cost is $2,700 ex GST. In Council’s Operational Plan and Budget for 2017/2018, an allowance of $40,000 was provided to fund the Greater Wakool Ward S355 Committees dollar for dollar grant projects and a further $10,000 for any unforeseen maintenance requirements throughout the year. Both these amounts are to be matched on a dollar for dollar basis by the S355 Committees.

To date, Council has approved projects to the value $24,841.82 leaving $15,158.18 that can be allocated to other projects throughout the year. DISCUSSION: If Council approves this project, the required contribution will be $1,350.00 and as stated above this can be funded from the unallocated funds under the 2017/2018 S355 Committee dollar for dollar grant program. STRATEGIC IMPLICATIONS: This report relates to the delivery of the Council’s 2017/2018 Operational Plan and Budget. BUDGETARY IMPLICATIONS: Funded in Council’s 2017/2018 Operational Plan and Budget. POLICY IMPLICATIONS: The project meets the criteria for funding under the former Wakool Shire’s “12.4 Dollar for Dollar Grants for Section 355 Sporting, Cultural and Recreational Facilities Policy”.

060


A new policy for use across the Murray River Council area will be prepared and tabled at the next Council meeting, if Council wish to continue to pre-approve 355 Committee dollar for dollar grant funding. LEGISLATIVE IMPLICATIONS: In accordance with Section 355 of the Local Government Act 1993, as amended.

RISK ANALYSIS: Both the Manager Parks, Gardens & Waste and the Manager Development Services (West) have been consulted in the process before the application was lodged. CONCLUSION: Recommended that the request be granted. ATTACHMENTS: Nil.

061

1 MRC Investment Policy

Title: Investment Policy

Policy No: 1.0

Adopted By: Murray River Council

Next Review Date: Annually

Responsibility: Director Corporate Services

TRIM Document Number :

Version Decision Number Adoption Date History

1 Original document

1 Policy Summary The policy provides details on the investment of funds by Murray River Council in undertaking well considered investments that meet the legislative requirements set by government.

It covers risk management guidelines, approved investments, direct investment, credit ratings and assessment, sets limits to certain entities, and reporting to Council.

2 Policy Objectives The objectives of this policy are to:

• Provide a framework for the investing of Council’s funds at the most favourable rate, whilst ensuring consideration is given to the preservation of capital, liquidity, level of risk and security

• Undertake the investment of surplus funds in authorised investments, to secure maximum returns, taking into account legislative requirements, risk, diversification, funds availability, overdraft exposure and Council’s Annual Operational Plan and Four Year Delivery Program.

• Manage Council’s cash flow to meet obligations as and when due.

• Report to Council in accordance with the Local Government (General) Regulation 2005.

3 Background This policy applies to the surplus Council funds (not required for other purposes) and funds tied to approved grants. It superseded previous policies used by former Shire Councils.

4 Policy Statement The policy applies to all Council investments.

The investment portfolio will be managed with the care, diligence, and skill that a prudent person would exercise. As trustees of public monies, officers are to manage Council’s investment portfolio to safeguard the portfolio in accordance with the spirit of this Investment Policy, and not for speculative purposes.

062


This policy is to ensure Council:

1. Protects Council/rate payers’ capital whilst earning an acceptable income from investments.

2. Has appropriate working capital funds available to carry out its strategic objectives as outlined in the Delivery Program and Resourcing Strategies.

3. Holds a reasonable level of funds that are immediately accessible in the event of a disaster or unexpected failure of infrastructure.

4. Meets its liability commitments as they fall due.

5. Legally restricted funds, are appropriately accounted for and invested to earn reasonable income towards their purposes. Legally restricted funds include unexpended grants, etc.

6. Resolves to set aside investments for particular purposes and these funds earn interest towards those purposes and are readily available when called upon (it should be recognised that these funds are by policy of Council only and have no enduring legal status that would bind a future Council).

Risk Management Guidelines

Investments are expected to achieve a market average rate of return in line with the Council’s risk tolerance and are to be considered in the light of the following considerations:

• Preservation of Capital – the requirement for preventing losses in an investment portfolio’s total value (the time value of money)

• Diversification – the requirement to place investments in a broad range of products so as not to be over exposed to an entity or sector of the market;

• Credit Risk – the risk that a council has invested in fails to pay interest and/ or principal on maturity;

• Market Risk - the risk that the fair value or future cash flows of an investment will fluctuate due to changes in market prices;

• Liquidity Risk – the risk an investor is unable to redeem the investment at a fair price within a timely period;

• Maturity Risk - the risk relating to the length of term to maturity of the investment. The larger the term, the greater the length of exposure and risk to market volatilities; and

• Leveraging Risk - the magnification of an investor’s risk and return that occurs when the investor takes on financial leverage through an investment product.

Approved Investments

Investments are limited to those allowed by the Ministerial Investment Order (2011) that has been issued by the NSW Minister of Local Government. This policy limits the types of investments to:

• Interest-bearing deposits or senior bonds issued by an authorised deposit taking institution (ADI);

• Securities issued by the Commonwealth Government, any State of the Commonwealth, or a Territory;

063


• Any debentures or securities issued by a Council (within the meaning of the Local Government Act 1993);

• A bill of exchange where the maturity date is not greater than 200 days’ duration and is issued by an authorised deposit taking institution (ADI);

• A deposit with NSW Treasury Corporation or investments in an hour-glass investment facility of the NSW Treasury Corporation.

Authorised investments allowed under this policy include the following examples:

Bonds and Debentures Term Deposits

On-Call/ Cash Accounts Bills of Exchange

Negotiable Certificate of Deposit

All examples above must only be issued by ADIs (such as banks, credit unions and building societies) or by the Commonwealth, State, or Territory Governments.

All investments must be denominated in Australian Dollars.

5 Legislation, Terminology and References

All investments are to be made in accordance with:

• Local Government Act 1993

• Local Government (General) Regulation 2005

• Ministerial Investment Order (2011)

• The Trustee Amendment (Discretionary Investments) Act (1997) – Section 14

• Local Government Code of Accounting Practice and Financial Reporting

• Australian Accounting Standards

• Office of Local Government Investment Policy Guidelines

• Office of Local Government Circulars

Standard & Poor’s – Rating Definitions

The general meaning of our credit rating opinions is summarized below.

Investment Grade

'AAA' Extremely strong capacity to meet financial commitments.

Highest Rating.

'AA' Very strong capacity to meet financial commitments.

'A' Strong capacity to meet financial commitments but somewhat

susceptible to adverse economic conditions and changes in

circumstances.

064


'BBB' Adequate capacity to meet financial commitments, but more

subject to adverse economic conditions.

'BBB-' Considered lowest investment grade by market participants.

Note: Ratings from 'AA' to 'BBB' may be modified by the addition of a plus (+) or minus (-) sign

to show relative standing within the major rating categories

6 Implementation and Delegation

Council will meet the following guidelines:-

Direct Investments

Investment of surplus funds are only to be placed with authorised deposit-taking institutions (ADI’S) and investment products that are covered under the Federal Governments Financial Claims Scheme.

The term to maturity of any Council’s direct investments may range from “At Call” to three (3) years unless specifically approved by Council.

At least two suitable quotes must be obtained from the market prior to any investment being made. The success quote may not necessarily be based solely on the highest quote but also with administrative considerations.

Credit and Maturity Guidelines

1. Overall Portfolio Credit Framework – To control the credit quality on the entire portfolio, the following credit framework limits the percentage of the portfolio exposed to any particular credit rating category:

S&P Local Long Term Ratings*

S&P Local Short Term Ratings

Maximum Holdings

AAA Category A1+ 100%

AA Category A1 100%

A Category A2 50%

BBB Category A3 30%

Unrated Authorised Deposit Institution’s8

Unrated 30%

* Only applies to Approved ADI institutions. The Trustee Act provides for investments with

building societies and credit unions, however they are not rated. The maximum amount of funds

allowed to be invested in total with building societies/credit unions is 30%.

2. Institutional Framework – Exposure to an individual institution will be restricted by their credit rating so that single entity exposure is limited, as detailed in the following table.

065


S&P Local Long Term Ratings*

S&P Local Short Term Ratings

Maximum Holdings

AAA Category A1+ 50%

AA Category A1 45%

A Category A2 40%

BBB Category A3 20%

Unrated Authorised Deposit Institution*’s

Unrated 10%

WAW Credit Union Membership of Credit Union Financial Support System

20%

* Only applies to Approved ADI institutions. The Trustee Act provides for investments with building societies and credit unions, however they are not rated. The maximum amount of funds allowed to be invested in total with building societies/credit unions is 10% except WAW Credit Union which is 15% as it is the only banking facility available in some council locations.

Credit ratings - If any of Council’s investments are downgraded such that they no longer fall within the below investment policy guidelines, they will be divested as soon as practicable.

The short term credit rating limit will apply in the case of discrepancies between short and long term ratings.

3. Performance Benchmarks

Investment Performance Benchmark

Time Horizon

11am Account, short dated term deposits bank bills, deposits issued by financial institutions

Official RBA Cash Rate

3 months or less

Term Deposits & Bank Bills S&P/ASX Bank Bill

Index - 1 year 3 months to 12

months

Term Deposits & Bank Bills S&P/ASX Bank Bill

Index - 3 years 12 months to 3

years

4. Term to Maturity Framework

Terms of maturity shall be limited to the following maximums: On-call/ Cash Accounts No Limit if on-call Term Deposits See below criteria Bills of Exchange Not more than 200 days Negotiable Certificate of Deposits Not more than 185 days or six months. With regards to term deposits, the investment portfolio is to be invested within the following maturity constraints:

066


Overall Portfolio Term to Maturity Limits

Portfolio under 1 year Min. 50% Max. 100%

Portfolio between 1 to 2 years Min 0% Max. 50%

Portfolio between 3 to 5 years Min 0% Max. 20%

5. Quotation Framework – a minimum of three quotations from financial institutions must be reviewed prior to placing any new or renewal investment.

Prohibited Investments In accordance with the Ministerial Investment Order, this investment policy prohibits but is not limited to the following investments:

• Derivative based instruments;

• Principal only investments or securities that provide potentially nil or negative cash flow; and

• Stand-alone securities issued that have underlying futures, options, forwards contracts and swaps of any kind.

This policy also prohibits the use of leveraging (borrowing to invest) of an investment. Reporting

A monthly report is to be submitted to Council, detailing the investment portfolio in terms of performance and counterparty exposure of total portfolio.

For audit purposes, certificates with be obtained from financial institutions confirming the amounts of investments held on Council’s behalf at 30 June each year.

7 Evaluation and Review The General Manager has authority to invest surplus funds and has delegated this function to Council’s Corporate Services Director and Finance Manager.

The General Manager or their delegated representative is authorised to approve variations to this Policy if the investment is to Council’s advantage and/or due to revised legislation or statutory guidance.

All changes to this investment policy are to be reported as soon as practicable with any amendments to the Investment Policy to ultimately be by way of Council resolution.

The responsibility of the Director of Corporate Services to monitor the adequacy of this policy and recommend appropriate changes. This policy will be formally reviewed annually and tabled to Council for approval.

Related policies – MRC Integrated Planning and Reporting Framework;

067

Murray River Council PO Box 21, Mathoura NSW 2710 p 1300 087 004 f 03 5884 3417 e [email protected] w www.murrayriver.nsw.gov.au

Murray River Council

2017-2018

GIPA Agency

Information Guide

068

2

2

2017/2018 GIPA Agency Information Guide

Date Adopted: Page 2

069

3

3



Contents 1. Introduction .......................................................................................................................................... 4

2. Structure and Functions ..................................................................................................................... 5

3 How Council Functions Affect Members of the Public .................................................................. 10

4. Arrangements to Enable Public Participation ................................................................................. 11

5. Government Information held by Council ........................................................................................ 12

6. Public Access to Information and Amending Council Documents ................................................ 17

Prepared in accordance with the requirements of the Government Information (Public Access) Act 2009

known as GIPA Act

070

4

4



1. Introduction On 1 July 2010, the Government Information (Public Access) Act, 2009 known as the GIPA Act, came into effect, replacing the Freedom of Information Act 1989 (NSW).

The GIPA Act:

creates new rights to information that are designed to meet community expectations of more open and transparent government, and

encourages government agencies to proactively release government information.

Murray River Council is committed to openness with regard to government information by providing open access to information on Council’s website www.murrayriver.nsw.gov.au or by contacting Council on 1300 087 004 or visiting one of our Offices at:

MATHOURA 21-25 Conargo Street Mathoura

MOULAMEIN 20 Tualka Terrace, Moulamein

MOAMA 6 Meninya Street, Moama

BARHAM 15 Murray Street, Barham

during business hours 9.00am to 4.00pm Monday to Friday (excluding Public Holidays).

This Information Guide has been produced in accordance with Section 20 of the Government Information (Public Access) Act 2009 and is reviewed annually in October.

Information and Privacy Commission

If you require any other advice or assistance about access to information you may contact the Information and Privacy Commission by telephone on 1800 472 679 between 9.00am and 5.00pm Monday to Friday (excluding Public Holidays) or by email at [email protected] or visit the IPC website at www.ipc.nsw.gov.au.

Other Contact Details Information and Privacy Commission Level 17 GPO Box 7011 201 Elizabeth Street Sydney NSW 2001 Sydney NSW 2001

071

5

5



2. Structure and Functions Murray Shire Council covers 11,865 square kilometers in area, with a population of 11,456. It is located in the lower Riverina and extends along the NSW / Victoria border from Moama to Tooleybuc, inland to Moulamein, near to Deniliquin, and almost to Balranald.

2.1 Legal Status

The Murray River Council is a Local Government body and operates under the Local Government Act 1993 (LG Act). In addition to the LG Act, Council has powers/responsibilities under a number of other related Acts including but not limited to:

Anti-Discrimination Act 1977 Local Government Consequential Provisions Act 1993

Rural Fires Act 1997 Noxious Weeds Act 1993

Building Professionals Act 2005 Privacy & Personal Information Protection Act 1998

Catchment Management Authorities Act 2003 Protection of the Environment Operations Act 1997

Carers (Recognition) Act 2010 Public Health Act 1991

Community Land Development Act 1989 Recreation Vehicle Act 1983

Community Land Management Act 1989 Roads Act, 1993

Companion Animals Act 1998 Rural Fire Services Act 1997

Contaminated Land Management Act 1997 State Emergency Services and Rescues Act 1989

Conveyancing Act 1919 State Emergency Services Act 1989

Crimes Act 1990 State Records Act 1998

Dividing Fences Act 1991 Strata Schemes (Freehold Development) Act 1973

Environmental Planning & Assessment Act 1979 Strata Schemes (Leasehold Development) Act 1986

Fines Act 1996 Swimming Pools Act 1992

Fire Brigades Act 1989 Threatened Species and Conservation Act 1995

Food Act 2003 Trees (Dispute Between Neighbours) Act 2006

Government Information (Public Access) Act 2009 Unclaimed Monies Act 1982

Heritage Act, 1977 Valuation of Land Act 1916

Impounding Act, 1993 Water Management Act 2000

Library Act 1989 Water Act 1912

072

6

6



Interpretation Act 1987 Water Industry Competition Act 2006

Land Acquisitions Just Terms Compensation Act 1992 Waste Minimisation and Management Act 1995

Copies of these acts can be found on the following website: www.legislation.nsw.gov.au

2.2 Structure

Murray River Council comprises three wards, Moama, Greater Murray and Greater Wakool; each ward is represented by three Councillors.

The role of the Councillors, as member of the body Corporate, are:

To direct and control the affairs of the Council in accordance with the Local Government Act and other applicable legislation;

To participate in the optimum allocation of the Council’s resources for the benefit of the Council area;

To play a key role in the creation and review of Council’s policies, objectives and criteria relating to the exercise of Council’s regulatory functions;

To review the performance of the Council and its delivery of services, management plans and revenue policies of the Council.

The role of a Councillor is, as an elected person:

To represent the interests of the residents and the ratepayers;

To provide leadership and guidance to the community;

To facilitate communication between the community and the Council.

The Mayor is elected by the Councillors in the September, after a new Council is elected, for a 2 year term and then again half way through the term of the Council..

The Mayor presides at meetings of Council, carries out the civic and ceremonial functions of the office, exercises, in cases of necessity, the decision-making functions of the body politic, between its meetings and performs any other functions that the Council determines.

Council appoints a General Manager, who is responsible for the efficient operation of the Council’s organization and for ensuring the implementation of Council decisions. The General Manager is also responsible for the day-to-day management of the Council, exercising any functions delegated by the Council, the appointment, direction and where necessary, the dismissal of staff, as well as the implementation of all management and other plans.

To assist the General Manager in exercising of these functions, there are three (3) directorates of Council. These directorates are

Corporate Services

073

7

7



Engineering

Planning, Environmental and Economic Development

Council’s draft Organizational Structure is set out below

074

8

8



2.3 Principal Activities

The following principal activities have been identified as Council’s primary functions:

Strategic Planning & Governance

Services/Functions:

Administration Management, Policies & Procedures, Strategic Planning, Legislative and Statutory Requirements, Records.

Objectives:

The objective of this activity is to provide an effective and efficient administration framework and democratic process to carry out the activities of Council and be responsive to the responsibilities and changing demands of Local Government and outside pressures. Council is committed to providing sound management of the resources of Council, meet statutory requirements and provide services to the organisation and community in a cost effective and timely manner.

Communications & Community Relations

Services/Functions:

Customer Service, Public Relations, Media, Community Meetings, Newsletters and Website.

Objectives:

The objective of this activity is to be committed to a culture of customer service engagement with the community in the formulation of future direction that will increase information access and awareness of Council activities.

Asset Management

Services/Functions:

Roads, Bridges, Parks & Gardens, Fleet Management, Town Infrastructure, Public Halls, Recreation Reserves, Public Toilets, Stores & Materials, Private Works, Aerodrome, Quarries & Sand Pits, Cemeteries, Water and Sewerage.

Objectives:

The objective of this activity is to provide assets and systems appropriate for the needs of the Murray River community, ensuring the provision of adequate water supply, sewerage collection and treatment services, safe effective rural and urban road networks and bridges and provision of adequate parks, garden and recreational reserves and buildings.

Corporate & Human Resources

Services/Functions:

Financial Management, Human Resources, Information Technology Services, Risk Management and Work Health and Safety..

075

9

9



Objectives:

The objective of this activity is to facilitate effective and efficient business services that meet legislative requirements including quality management of human resources, financial resources and ensure that best practice is achieved.

Environmental & Planning

Services/Functions:

Waste Management, LEP, Development Approvals, Health Inspections, Heritage, Land Use Issues, Flood Mitigation, Dog & Stock Control, Bush Fire, SES, Noxious Plants and Pests.

Objectives:

The objective of this activity is to provide commitment to the balanced sustainable development of the Council that recognises environmental requirements, our heritage, access to rivers and streams and maintenance of the natural environment and rural lifestyle

Economic & Community Development

Services/Functions:

Tourism, Libraries, Grants, Health & Medical, Youth, Childcare, Aged and Disability Services, Art & Culture, Caravan Parks & Camping and Education.

Objectives:

The objective of this activity is to seek to develop the potential within the Council area through business development, population expansion and tourism growth and to provide, promote and facilitate a range of health and welfare services, community services and educational services for our communities.

These activities and functions will be undertaken during the year as part of Council’s routine operations and specific activities. They have been established as part of Council’s endeavours to plan for the future and to set directions so that the needs of both Council and the community are well co-ordinated, planned and activated in a cost effective manner.

Each Directorate has areas of responsibility within the six principal activities and the objectives for achieving their performance targets are based on the following Key Performance Indicators:

Implementation of principal activities To be achieved through the allocation of available physical, human and financial resources. Improved work practices and strategies will be used wherever possible.

Assessment of performance Will take place on a regular basis through quarterly reviews to Council, regular reports to Council’s Executive Management Team and internal controls on quality, quantity and timely execution of duties.

076

10

10



3 How Council Functions Affect Members of the Public The services that the Council supplies to the public are at a local level. This means that much of the Council’s operations affect members of the public.

Key functions of the Council that affect members of the public are detailed below:-

Function Type of effect Details

Rates & Charges Financial The Council raises rates and charges on land owners for the provision of specific and general purposes.

Health Business cleanliness Undertaking inspections of premises to ensure that relevant health standards are maintained.

Building Building approvals Approving the construction of building works.

Planning Development approvals Under the Local Environmental Plan (LEP) and Development Control Plans (DCPs), Council controls what type of development takes place on land.

Noxious Weeds Control (Delegated)

Plant control Inspection of properties and the issuing of notices to ensure that noxious weeds control is maintained at a satisfactory level.

Disaster Control Emergency provisions In consultation with other organisations such as the Police, Rural Fire Services, Community Strategic Plans have been developed to handle disasters.

Animal Impounding Animal control By discussions with animal owners, imposing fines, impounding, selling and destroying animals, the Council controls straying animals.

Local Law Enforcement

Includes parking control, licensing of signs, side walk cafes

For public safety, aesthetic and public access reasons, the Council controls the mentioned functions.

Water Supply Provision of water for residential and commercial purposes

The Council provides water for domestic, recreation, aesthetic and business purposes.

Sewerage The disposal and treatment of sewerage

The Council operates sewerage services for the safe and healthy disposal and treatment of sewerage.

Waste Management Provision of garbage and tip services

The Council provides waste services, including access to tips and kerb side collection.

Community Services

Service provision The provision of Home Support (CHSP) and other community services.

077

11

11



Council’s decision making functions which affects the public are based on the following:

to provide directly or on behalf of other levels of Government, after due consultation, adequate equitable and appropriate services and facilities for the community and to ensure that those services and facilities are managed efficiently and effectively;

to exercise community leadership;

to exercise its functions in a manner that is consistent with and actively promotes the principles of multiculturalism;

to promote and to provide and plan for the needs of children;

to properly manage, develop, protect, restore, enhance and conserve the environment of the area for which it is responsible, in a manner that is consistent with and promotes the principles of ecologically sustainable development;

to have regard to the long term and cumulative effects of its decisions;

to bear in mind that it is the custodian and trustee of public assets and to effectively account for and manage the assets for which it is responsible;

to facilitate the involvement of members of the public, users of facilities and services and Council staff in the development, improvement and co-ordination of Local Government;

to raise funds for local purposes by the fair imposition of rates, charges and fees, by income earned from investments and, when appropriate, by borrowings and grants;

to keep the local community and the State Government (and through it, the wider community) informed about its activities;

to ensure that, in the exercise of its regulatory functions, it acts consistently and without bias, particularly where an activity of the Council is affected; and

to be a responsible employer.

4. Arrangements to Enable Public Participation There are two broad ways in which the public may participate in the policy development and the general activities of the Council. These are through representation and personal participation.

4.1 Representation Local Government in Australia is based on the principle of representative democracy. This means that the people elect representatives to their Council to make decisions on their behalf. In New South Wales, Local Government elections are held every four (4) years.

All residents of the area who are on the electoral roll are eligible to vote. Property owners who live outside of the area and rate paying lessees can also vote, but must register their intention to vote on the non-residential roll. Voting is compulsory.

078

12

12



Residents are able to raise issues with, and make representations to, the elected Councillors. The Councillors, if they agree with the issue or representation, may pursue the matter on the resident’s behalf thus allowing members of the public to influence the development of policy.

4.2 Personal Participation Members of the public are able to provide submissions on draft policies, strategies and plans that are placed on public exhibition, complete community surveys, customer requests or complaints forms, attend community forums and become involved in ratepayer associations, advancement groups or S355 Committees of Council or become a volunteer.

The public are also able to attend Council meetings. These are usually held on the 3rd Tuesday of the month commencing at 1pm and the 2nd Tuesday in December. These meeting are held at 4 different locations around the new Council area – Moama, Moulamein, Mathoura and Barham. Dates, locations and times can be found on Council’s website at www.murrayriver.nsw.gov.au.

Public attendance to these meetings is governed in accordance with Council’s Code of Meeting Practice.

5. Government Information held by Council Murray River Council is committed to the principle of open and transparent government. Under the provisions of the GIPA Act there is a right of access to certain information held by Council, unless there is an overriding public interest against its disclosure.

Council holds information in various formats in respect of a wide range of functions undertaken by it and information which is pertinent to different issues relating to the Murray River Council area.

There are four main ways in which Council may provide access to information:

1 Mandatory Proactive Release

2 Proactive Release

3 Informal Release

4 Formal Access Application

Any applications made under the GIPA Act will be processed in accordance with the requirements of the Act.

5.1 Mandatory Proactive Release — Open Access Information

The following documents are defined as "Open Access Information" under Section 18 of the GIPA Act and will be released without the need for a Formal Access Application under this Act and will be published on Council’s website:

Council's Agency Information Guide

079

13

13



Information about Council contained in any document tabled in Parliament by or on behalf of Council, other than any document tabled by order of either House of Parliament;

Council policy documents

Council's Disclosure Log of Formal Access Applications

Council's Register of Government Contracts

Council's record of the open access information (if any) that it does not make publicly available on the basis of an overriding public interest against disclosure; and

Such other government information as may be prescribed by the GIPA regulations as open access information.

Schedule 1 of the GIPA Act also stipulates that the following additional documents are to be provided as open access information by Council:

Information about Council

Code of Conduct as prescribed under Section 440 (1) of the Local Government Act (LGA)

Code of Meeting Practice

Annual Report

Annual Financial Report

Auditor's Report

Community Strategic Plan

Delivery/Operational Plan

Payment of Expenses and the Provision of Facilities to Councillors' Policy

Annual reports of bodies exercising functions delegated by Council

Any codes referred to in the LGA

Returns of the interests of Councillors, Designated persons and Delegates

Agendas and Business Papers for Council and Committee Meetings

Minutes of Council and Committee Meetings

Departmental Representative Reports presented at a meeting of Council

Council's Land Register

Register of Investments

Register of Delegations

Register of current Declarations of Disclosures of Political Donations

080

14

14



Register of Voting on Planning Matters

Plans and Policies

Local Policies adopted by the Council concerning approvals and orders

Plans of Management for Community Land

Environmental Planning Instruments, Development Control Plans

Information about Development Applications

Development Applications and any associated documents received in relation to a proposed development including the following:

Home Warranty Insurance documents

Construction Certificates

Occupation Certificates

Structural Certification Documents

Town Planner Reports

Submissions received on Development Applications

Heritage Consultant Reports

Tree Inspections Consultant Reports

Acoustic Consultant Reports

Land Contamination Consultant Reports

Records of decisions on Development Applications including decisions on appeals

Records describing general nature of documents that Council decides to exclude from public view including internal specification and configurations, and commercially sensitive information.

This clause does not apply to so much of the information referred to above as consists of:

The plans and specifications for any residential part of a proposed building, other than plans that merely show its height and its external configuration in relation to the site on which it is proposed to be erected, or

Commercial information, if the information would likely to prejudice the commercial position of the person who supplied it or to reveal a trade secret.

Approvals, Orders and Other Documents

Applications for approvals under Part 1 Chapter 7 of the LGA

081

15

15



Applications for approvals under any other Act and any associated documents received

Records of approvals granted or refused, any variation from Council Policies with reasons for the variation, and decision made on appeals concerning approvals.

Orders given under Part 2 of Chapter 7 of the LGA, and any reasons given under section 136 of the LGA

Orders given under the Authority of any other Act

Records of Building Certificates under the Environmental Planning and Assessment Act 1979

Plans of land proposed to be compulsorily acquired by Council.

Compulsory Acquisition Notices

Leases and Licenses for use of Public Land classified as Community Land. Performance improvement orders issued to Council under Part 6 of Chapter 13 of the LGA

5,2 Proactive Release

In addition to open access information, Council will make as much other information as possible publicly available, unless there is an overriding public interest against disclosure.

Such information may include information frequently requested or information of public interest that has been released as a result of other requests.

5.3 Informal Release

Access to information which is not available as Mandatory Public Release (open access) or Proactive Release may be provided through Informal Release.

As per proactive release methods, Council is authorised to release information unless there is a public interest against disclosure. To enable the release of as much information as possible, Council is also authorised to redact content from a copy of information to be released, if the inclusion of the redacted information would otherwise result in an overriding public interest against disclosure.

Application should be made to Council by submitting an Access to Information application form, available on Council's website www.murrayriver.nsw.gov.au or by contacting Council on 1300 087 004.

Under informal release, Council has the right to decide by what means information is to be released.

5.4 Formal Access

If information:

Is not available via Proactive or Informal Release; or

Involves a large volume of information, requires extensive research and accordingly will involve an unreasonable amount of time and resources to produce; or

Contains personal or confidential information about a third party which may require consultation;

082

16

16



or

Is of a sensitive nature that requires careful weighing of the consideration in favour of and against disclosure; then

Council requires a Formal Access to Information Application to be submitted.

Application should be made to Council in writing by submitting the Access to Information Application form, available on Council’s website, and should be accompanied by the GIPA prescribed application fee of $30.00. Additional $30.00 hourly processing charges may be applicable.

Please note, an application will be invalid if it seeks access to excluded information of Council or does not meet the requirements for a Formal Access application.

An application must:

Be in writing

Specify it is made under the GIPA Act

State an Australian Postal address;

Be accompanied by the $30.00 fee; and

Provide sufficient detail to enable Council to identify the information requested.

5.5 Public Interest Test

In deciding which information to release, Council will apply the public interest test having regard to our obligations to promote the objectives of the GIPA Act and to any relevant guidelines issued by the Information Commissioner.

The public interest test involves three steps:

Identifying the relevant public interest considerations for disclosure.

Identifying any relevant public interests against disclosure.

Assessing whether the public interest against disclosure outweighs the public interest in favour.

5.6 Fees and Charges

The Government Information (Public Access) Regulation requires that Open Access information held by Council, is to be made publicly available for inspection, free of charge. The public is entitled to inspect these documents on Council's website (unless there is an unreasonable additional cost to Council to publish these documents on the website) and at the offices of the Council during ordinary office hours or at any other place as determined by the Council. Any current and previous documents of this type may be inspected by the public free of charge. Copies can be supplied for reasonable copying charges as set out in Council's Schedule of Fees and Charges.

083

17

17



As set out in Clause 4.4, Formal Access Applications require payment of $30.00 application fee and $30.00 hourly processing charges may apply.

5.7 Copyright

Nothing in the regulations requires or permits Council to make open access information available in any way that would constitute an infringement of copyright (Section 6.6 GIPA Act).

Access to copyright documents will be granted by way of inspection only, unless the copyright owner's written consent is provided. Where authority is unable to be obtained or the copyright owner is not able to be contacted, copies of copyright material will not be provided. These documents include Plans/Drawings, consultant reports, Statements of Environmental Effects and other miscellaneous reports submitted with a DA (please note that this list is not definitive).

6. Public Access to Information and Amending Council Documents

Council has a vast range of documents that can be accessed in varying ways. Most documents can be inspected at and obtained from one of Council's office between the hours of 9.00 am and 4.00 pm, Monday to Friday (except public holidays). For further enquiries about any document, a Customer Services Officer should be contacted. If you experience any difficulty in obtaining documents or information, you should contact the Public Officer.

Public Officer — Right of Information Officer

Council has appointed a Public Officer, which is a requirement under the GIPA Act. Amongst other duties, the Public Officer may deal with requests from the public concerning the Council's affairs and has the responsibility of assisting people to gain access to public documents of the Council. The Public Officer is also Council's Right to Information Officer and, as such, is responsible for determining applications for access to documents or for the amendment of records.

Council has in place a Privacy Management Plan for dealing with private or personal information.

If you have any difficulty in obtaining access to Council documents, you may wish to refer your enquiry to the Public Officer. Also, if you would like to amend a document of Council which you feel is incorrect it is necessary for you to make written application to the Public Officer in the first instance. Enquiries should be addressed as follows:

The Public Officer Murray River Council PO Box 21 MATHOURA NSW 2710

084