agenda of ordinary meeting of council - 6 july 2015 · during council’s 2015/16 draft budget...

Ordinary Meeting of Council

Council Chambers, Service Centre

275 Upper Heidelberg Road, Ivanhoe

6 July 2015 commencing at 7.45pm

Following the public forum commencing at approximately 7.30pm and may be extended to 8pm if necessary.

AGENDA

Acknowledgement of the Traditional Owner, the Wurundjeri willam people "Our meeting is being held on the Traditional Land of the Wurundjeri willam people and, on behalf of Banyule City Council, I wish to acknowledge them as the Traditional Owners. I would also like to pay my respects to the Wurundjeri Elders and to the Elders of other Aboriginal peoples who may be present here today”

Apologies and Leave of Absence Cr Steven Briffa submitted a leave of absence for the period 25 June 2015 to 13 July 2015 inclusive.

Confirmation of Minutes Ordinary Meeting of Council held 22 June 2015

Disclosure of Interests Nil

1. Petitions

1.1 Redevelopment of Cartledge Reserve .................................................................... 3

1.2 14 Ivanhoe Parade Ivanhoe - Proposed sale of land - Petition ................................ 5

REPORTS:

2. People – Community Strengthening and Support

2.1 Performance measures associated with Council's membership to NORTH Link ........................................................................................................... 7

2.2 2016 Early Childhood Sector Ratio Changes ........................................................ 12

AGENDA (Cont’d)

Ordinary Meeting of Council - 6 July 2015

3. Planet – Environmental Sustainability

3.1 Garage Sale Trail .................................................................................................. 17

4. Place – Sustainable Amenity and Built Environment

4.1 Economic Development Plan ................................................................................ 21

5. Participation – Community Involvement in Community Life

5.1 Aboriginal and Torres Strait Islander Advisory Committee - Appointment of members ...................................................................................... 27

5.2 Multicultural Advisory Committee - Recommendations Requiring Endorsement ....................................................................................................... 31

5.3 Webcasting of Council Meetings ........................................................................... 35

6. Performance - Use Our Resources Wisely

6.1 22 and 24 Peters Street, Watsonia - Proposed Sale of Land - Hearing of submissions ......................................................................................... 43

6.2 Councillor Motions - Status Update ....................................................................... 48

6.3 Assembly of Councillors ........................................................................................ 51

6.4 Items for Noting .................................................................................................... 57

7. Sealing of Documents

7.1 Sealing of Documents .......................................................................................... 59

8. Notices of Motion

8.1 Open Space at 24 Trist St, Watsonia .................................................................... 61

9. General Business

10. Urgent Business

Closure of Meeting

1.1

Petitions


1.1 REDEVELOPMENT OF CARTLEDGE RESERVE Author: Tania O'Reilly - Manager Finance & Procurement, Corporate Services

Ward: Olympia

File: F2015/3

EXECUTIVE SUMMARY A petition with 127 signatures has been received by residents located in and around Cartledge Reserve supporting the proposed $1,702,153.00 redevelopment of the Reserve as outlined in Council’s 2015/16 budget. The petition acknowledges the Mayor and Councillors for their great work in supporting the Club and local area. The petition prayer is as follows:

“We the undersigned, fully support the proposed $1,702,153.00 redevelopment of the Cartledge Reserve as outlined in the 2015/16 Council Budget. This includes: $1,357,153.00 redevelopment of the pavilion redevelopment which

includes phases 1 and 2 of the proposed work. $300,000.00 for new sport field lighting. $45,000 for new warm season grass conversion.

We note the works are planned to commence in September 2015 to conclude by April 2016. The Redevelopment will enable the Heidelberg Stars Soccer Club to finally have a clubhouse, as well as up-to-date change rooms, lighting and new warm grass. We commend the Mayor and the Councillors for their great work in supporting the Club and the local area.”

RECOMMENDATION

1. That Council receives and notes the petition. 2. That Council acknowledges the points made in the petition.

3. That the primary petitioner be notified of this report and advised that Council

approved the Banyule Budget 2015/2016 on 22 June 2015 with the inclusion of the proposed funding for Cartledge Reserve.

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Petitions

REDEVELOPMENT OF CARTLEDGE RESERVE cont’d


DISCUSSION

A petition with 127 signatures has been received by residents located in and around Cartledge Reserve supporting the proposed $1,702,153.00 redevelopment of Cartledge Reserve and acknowledging the Mayor and Councillors for their support. Council at its meeting on 22 June 2015 adopted the Budget 2015/2016 which included the proposed funding for redevelopment works at Cartledge Reserve. Therefore, the petition does not require Council to take any action other than to advise the lead petitioner that the funding has now been formally approved and allocated in Council’s Budget 2015/16.

ATTACHMENTS

Nil

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Petitions


1.2 14 IVANHOE PARADE IVANHOE - PROPOSED SALE OF LAND - PETITION

Author: Jeanette Kringle - Property Co-ordinator, City Development

Ward: Griffin

File: F2014/5858

EXECUTIVE SUMMARY A petition with 81 signatures has been received in response to the public notice of Council’s intention to sell 14 Ivanhoe Parade, Ivanhoe. This report acknowledges receipt of the petition and highlights that Council will hear and consider all received submissions, including the petition, at its ordinary meeting on 20 July 2015 before determining whether or not to sell the land. The petition prayer is as follows:

‘We the undersigned request the Mayor and Councillors of Banyule City Council ensure that the Council property at 14 Ivanhoe Parade The Hatch, not be sold.’

RECOMMENDATION

That Council: 1. Receives and notes the petition. 2. Consider the petition, in relation to Council’s intention to sell the Council-owned

land known as 14 Ivanhoe Parade Ivanhoe, as a submission under section 223 of the Local Government Act 1989.

3. Advise the primary petitioner that Council will consider submissions at its ordinary meeting on 20 July 2015.

BACKGROUND

Council is the owner of the land and improvements located at 14 Ivanhoe Parade Ivanhoe (subject land). The improvement on the subject land comprises a hall and several meeting rooms on the lower level. The meeting rooms are currently utilised by a number of community organisations, including U3A, and the hall is the interim location for the Hatch Contemporary Arts Space (also known as The Hatch).

Council’s long term goal is to create the Ivanhoe Community Hub which includes a purpose built arts facility. The Ivanhoe Community Hub is a significant element of the Ivanhoe Civic Precinct Masterplan.

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Petitions

14 IVANHOE PARADE IVANHOE - PROPOSED SALE OF LAND - PETITION cont’d


DISCUSSION

The petition was received in response to the giving of public notice of its intention to sell the Council-owned land and improvements known as 14 Ivanhoe Parade Ivanhoe. Public notice was given in the Heidelberg Leader on 26 May 2015 inviting submissions from the public and indicating that the submission period would close at 5.00pm on Tuesday 23 June 2015 in accordance with the sections 189 and 223 of the Local Government Act 1989 (Act). The submission closing period was subsequently extended to 5.00pm on 3 July 2015, due to the heightened interest surrounding this particular matter. The giving of public notice does not compel Council to sell the subject land. Council is merely complying with its statutory obligations under the Act to give public notice and to hear and consider written submissions on such a proposal before deciding, at a future meeting of the Council, whether or not to sell the subject land.

ATTACHMENTS

No. Title Page

1 14 Ivanhoe Parade Ivanhoe - Frequently Asked Questions 64

2.1

People – Community Strengthening and Support


2.1 PERFORMANCE MEASURES ASSOCIATED WITH COUNCIL'S MEMBERSHIP TO NORTH LINK

Author: Joseph Tabacco - Acting Director City Development , City Development

File: F2015/167

EXECUTIVE SUMMARY

During Council’s 2015/16 draft budget process, a submission was received from regional economic development agency NORTH Link seeking Council’s reconsideration of its potential membership withdrawal. Having considered the submission, it is now proposed that Council invite NORTH Link to establish a service level agreement which articulates its membership expectations, benefits, and a request for regular reporting mechanisms, before committing to a one year membership renewal for the 2015/16 financial year. This report seeks to formally authorise officers to enter into negotiations with NORTH Link, and execute its membership renewal.

RECOMMENDATION

That Council: 1. Writes to NORTH Link inviting the Board of Management to enter into a Service

Level Agreement by 31 July 2015 which articulates membership expectations and agreed reporting schedules in exchange for a one year commitment of $15,000 toward its membership fee for the 2015/16 financial year.

2. Receive a further report outlining the outcomes associated with the service

level agreement negotiations.

OFFICER DECLARATION OF CONFLICT OF INTEREST

Section 80C of the Local Government Act 1989 (Act) requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “support people to achieve their economic potential”.

BACKGROUND

Banyule continues to advocate on issues of economic development by working alongside five other northern councils – Darebin, Hume, Moreland, Whittlesea and

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PERFORMANCE MEASURES ASSOCIATED WITH COUNCIL'S MEMBERSHIP TO NORTH LINK cont’d


Yarra – as a member of NORTH Link, which also comprises major employers and institutions and promotes regional economic development. NORTH Link was established to provide: 1. Sustainable regional economic growth and employment 2. Regional advocacy for infrastructure and investment attraction 3. Regional marketing and promotional activities 4. Regional economic and industry research 5. Assistance to industry to improve business productivity and exporting capability

Membership to NORTH Link provides important peer group access and knowledge for Banyule. This provides increased networking opportunities and knowledge base with the following benefits for Council: 1. Leverage and support for the activities of the Banyule Economic Development

Department and across Council, reducing costs and increasing impacts. 2. Improved council engagement across regional industry, education and all levels

of government which provides increases productivity, flexibility and mitigates risks.

3. Regional engagement across industry, education and all levels of government which enables collaboration and support for initiatives and activities where the total is greater than the sum of the parts and increased growth than would otherwise result.

4. Production of research and knowledge that would otherwise be unaffordable and difficult to produce as a single entity without regional collaboration.

5. Transfer of the knowledge and implementation of the recommendations produced by regional research and projects which provides economic benefits for Banyule and the other participating LGAs on NORTH Link.

6. Participation in activities and strategies that provide regional alignment with the Victorian Government Priority Employment Sectors.

ADVOCACY

As a regional economic development agency, NORTH Link continues to advocate for and successfully secure State and Commonwealth funding which propels initiatives that holistically benefit the entire Northern region of metropolitan Melbourne. Achievements delivered in recent years include: • Facilitation of delegations to Canberra comprising the seven Mayors and seven

CEOs of Melbourne’s North to promote the region and advocate for infrastructure.

• Continued work in implementing the recommendations of the following

strategies and reports:

o NORTHERN HORIZONS – 50 Year Infrastructure Strategy for

Melbourne’s North.

o Melbourne’s North - the new knowledge economy.

o Northern Exposure - an analysis of office and commercial

accommodation

o Manufacturing in Melbourne’s North: Now and into the Future.

• Working closely with the Victorian Government to identify opportunities that the

relocation of the Melbourne Wholesale Fruit and Vegetable Market will provide across the region.

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• Continued support for Melbourne’s North Innovation and Investment Fund to

support growth of new industry sectors following announcements of closures of automotive industry manufacturing by 2017. Grants to value of $17.7 million finalised for capital projects, valued at $92.6 million, which will generate 421 ongoing full time jobs.

• Completion of a Food and Beverage Growth Plan for Melbourne’s North, with

strategies and actions to grow this sector in Melbourne’s North. • Completion of the NORTH Link Strategic Plan 2015-2020.

• Secured further funding to continue the i-Step employment program, including

continuing development of www.redundancyinfolink.com to assist employees whose positions have been made redundant.

• Delivery of the fifth Grand Finale of the Northern Business Achievement

Awards (NBAA). • Assisting with the investment and attraction of Food Industry Australia Limited,

the national food manufacturing precinct within Melbourne’s North at La Trobe University.

• Delivering a regional economic summit - Melbourne’s North Today and

Tomorrow. • Delivering a greenhouse gas emission reduction project with students from

RMIT University. • Continued support for Melbourne’s Northern Metropolitan Mayors and CEOs

Forum with Northern Melbourne Regional Development Australia and NORTH Link - A Unified Voice for the Northern Region. Project management of delegation to Canberra of Mayors, CEOs, Northern Melbourne Regional Development Australia and NORTH Link to present NORTHERN HORIZONS - A 50 Year Infrastructure Strategy for Melbourne’s North.

• Starting the seventh year of a contract to deliver Enterprise Connect, a national

program funded by the Commonwealth to provide business reviews and recommendations to businesses. Over 200 firms have completed business reviews to date.

• Continuing support and Board representation on Darebin and Brunswick

Business Incubators. Both are fully tenanted, provide essential support for start-up businesses and are examples of the benefits that business incubators offer. Note that this includes Banyule DigiDECL.

• Facilitation of employment programs and regional initiatives to reduce skill

shortages, including stainless steel fabrication apprentices, through NMIT (now Melbourne Polytechnic) - 20 apprentices were recruited in 2014 to meet forecast needs of the stainless steel fabrication industry.

• Implementing the Regional Digital Economy Strategy Phase Two in

collaboration with Northern Melbourne Regional Development Authority. • Project managing and completing an ‘Urban Renewal from Grade Separation:

Case for Funding a Transformational Regional Project’, for Moreland and Darebin City Councils.

• Completing the North West Employment Project - Flexible Funding Pool Project

for Jobseekers and business improvement projects. • Completing eight business opportunities forums for local business, including on

food and beverage manufacturing, additive manufacturing, and Gen Y. • Signing an agreement with South Australian Government Department of

Further Education, Employment, Science and Technology to provide a landing page using the Redundancy Info Link website.

http://www.redundancyinfolink.com/

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HUMAN RIGHTS CHARTER

Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues.

CURRENT SITUATION

Having considered NORTH Link’s submission to Council’s draft 2015/16 budget, it is now considered that a service level agreement should be negotiated between Banyule and NORTH Link that includes, but is not limited to, a report and presentation to Council from NORTH Link in August/September 2015 on their strategic plan and the services/outcomes they will deliver Banyule City Council. Some of the anticipated services/outcomes include: 1. Promoting and supporting the development of the Latrobe employment cluster

and the Melbourne polytechnic centre. 2. Identifying and attracting businesses to locate to the commercial office space

(2,200 square meters) that Council will develop at Watermark in Greensborough.

3. Identifying and attracting small businesses to locate to the small business hub in the Bell Street Mall.

4. Developing a comprehensive Investment Attraction Strategy for the Northern region, including the City of Banyule.

5. Visibly and actively advocating to State and Federal Governments for investment in key local infrastructure as identified in the Northern Horizons Report.

6. A report and presentation to Council from NORTH Link in April/May 2016 on their performance in delivering against the anticipated outcomes for Banyule City Council which should include the relative benefits vs. costs of their NBAA business program.

7. Continued representation from Banyule City Council on the NORTH Link Board.

8. Transparent reporting on the full revenues and costs of NORTH Link (via an Annual Report) including the remuneration paid to its Executive Officers.

In the absence of an existing service level agreement or agreed key performance indicators, the establishment of such an instrument will require negotiation and potentially, presentation of any proposal to the NORTHLink Board of Management for due consideration. As such, it is now necessary for Council to establish a formal resolution of its position on the matter.

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FUNDING IMPLICATIONS

Membership to NORTH Link is valued at $15,000 for the 2015/16 financial year. NORTH Link’s membership fee has remained at $15,000 per annum since 1995. However, Council has only held membership to NORTH Link since 2010.

DISCUSSION

Council’s draft 2015-2020 Economic Development Plan (for consideration parallel to this report) highlights Banyule’s emerging focus being centred around four pillars which include:

Vibrant Precincts – Distinctive, appealing and thriving precincts that provide a focal point for business and community life and stimulate ongoing vibrancy and economic prosperity. Business Support – Active, informed and connected local businesses that value ‘doing business’ in Banyule, and are engaged with the range of training, networking and support programs that Council provides. Investment and Attraction – Awareness and understanding of Banyule’s competitive advantages and opportunities which are successfully marketed to increase investment and attraction appeal. Leadership and Partnerships – Clear agenda for economic development where partnerships are actively explored and facilitated to maximise regional and local initiatives and opportunities.

Continued membership to NORTH Link complements and strengthens Banyule’s overall ability to yield external funding and participation in regional economic development initiatives. Furthermore, emerging regional initiatives including the La Trobe Employment Cluster project and implementing the Northern Horizons report are very much hinged upon a collaborative and regionally focussed delivery approach. NORTH Link’s expertise in this space augurs well for Banyule and other northern region councils.

CONCLUSION

Council’s continued participation in NORTH Link by way of membership and Board representation will ensure that Banyule is well positioned to leverage and yield beneficial return on regional economic development activities. The establishment of a service level agreement will further strengthen and deliver greater clarity around the role of Banyule, NORTH Link and its member organisations in the context of regional collaboration and project delivery.

ATTACHMENTS

No. Title Page

1 NORTH Link Submission to draft 2015/16 Council Budget 67

2.2



2.2 2016 EARLY CHILDHOOD SECTOR RATIO CHANGES

Author: Roberta Colosimo - Acting Manager Youth & Family Services,

Community Programs

File: F2015/606

EXECUTIVE SUMMARY

This year 2016 will be the year of change for Victoria, whereby ratio changes to the Early Childhood Sector will see the number of children per educator for children between the ages of 3-5 lowered from 1:15 to 1:11. In preparation for this change, several processes have been implemented to support the changes across the municipality. These include, a ratio change information session in collaboration with Early Learning Association Australia, Council and the Department of Education and Training for the kindergarten committees of management. Individual meetings and discussions to raise any concerns and discuss possible solutions in relation to the ratio changes and capacity settings. The development of a table of capacities to assist with the communication to Council and the community about the impacts of the 2016 ratio changes and the overall enrolment capacities at Banyule stand-alone kindergartens. The anticipated impact includes families not being offered their first preference for kindergarten enrolments. There is a large amount of movement during and post rounds of kindergarten offers, and this impact will be clearer towards the end of the final round of offers.

RECOMMENDATION

That Council: 1 Writes to each of the twenty- eight Kindergartens across the municipality

informing them of the 2016 Ratio Changes and impacts.

2 Includes an information bulletin to each family with correspondence relating to first round offers for Kindergarten enrolments for 2016.



2.2


2016 EARLY CHILDHOOD SECTOR RATIO CHANGES cont’d


CITY PLAN

This report is in line with Council’s City Plan key direction to “promote and support health and wellbeing”.

BACKGROUND

The Council of Australian Governments (COAG) agreement formed in 2008 set clear targets for all States and Territories’ early education and care settings to have a common framework. COAG also ‘endorsed a comprehensive set of the aspirations, outcomes, progress measures and future policy directions in the key areas of early childhood’.

One key strategy was Universal Access being 15 hours of Funded 4 year old kindergarten for children the year prior to commencing school along with another strategy being to align ratios of children and educators across Australia.

The year 2016 will be the year of change for Victoria, whereby the number of children per educator for children between the ages of 3 – 5 years is being lowered from 1:15 to 1:11.


Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities.

CURRENT SITUATION

With the implementation of the 2016 Ratio Changes, a range of stages were developed to ensure information was delivered to all twenty-eight kindergartens, consultation occurred and room capacities were set. This process included: Stage One - Ratio change information session: Council in collaboration with Early Learning Association Australia (ELAA) and the North Western Metropolitan Regional Office of Department of Education and Training (DET) held a mandatory information session for Executive Committee members on 21 April 2015. 14 out 15 kindergartens were represented at this session. The session gave an overview of the upcoming ratio changes, support available to kindergartens from DET and ELAA, along with links to Council’s lease agreement and Central Kindergarten Enrolment policy. Advice was given about budgetary and planning expectations that committees would need to undertake prior to individual meetings being held with Council.

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Stage Two – Individual meetings/discussions with Committees and Cluster Managers: In May and June members from Council’s Early Years team made time to meet in person or hold phone discussions with Committees or Cluster Managers to discuss ratio changes, upcoming lease agreement renewals and capacities for 2016. Discussions also allowed for Executive Committee members or Cluster Managers to raise any issues relating to their own situations and to discuss possible solutions. Officers raised the possibility of kindergartens that are currently committee managed to consider moving to Cluster Management with a planned information session to be held in the second half of 2015. Communication continued post meetings as the information discussed with the Executive Committee members was taken back to the wider committee for decision making. General feedback from Executive Committee members was that they were appreciative of officers’ time in meeting with them individually and were open for similar information planning meetings to occur at the same time in future years. Stage Three – Compiling table of enrolment capacities: A table identifying kindergartens within their planning districts was compiled to assist with communication to Council and the general community about the impacts of the 2016 ratio changes on the overall capacities at Banyule standalone kindergartens (see Attachment One) Planning districts were agreed upon and established in 2006 to assist Council in setting overall enrolment capacity for each kindergarten based on enrolments at neighbouring kindergartens to ensure ongoing financial viability. The enrolment numbers listed do not include children who require a placement for a second funded year of kindergarten as the information is due at the end of June 2015 and is dependent on the consultations between teachers and families. Stage Four – Planned Kindergarten Cluster Management information session: A planned collaboration meeting will be held in the second half of 2015 between Council, North Western Metropolitan regional office of DET and Kindergarten Cluster Managers for Members of Kindergarten Committees. Outcomes and possible impacts on families: The overall numbers of places on offer within Banyule will be lower than in previous years. In past years about 80% of families have received their first preference for kindergarten, it is anticipated that this won’t happen this year due to the reduced numbers across kindergartens. Decisions made about the overall enrolment capacity for each kindergarten had to take into account current staffing, current programs/timetables, possible impacts on surrounding kindergartens, and ensuring financial viability for each kindergarten due to unknown per capita funding from DET in 2016 which has not been confirmed.

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Council, in accordance with the Central Kindergarten Enrolment Policy, also needs to ensure that key priorities set by DET are met along with access for Banyule residents. Another key factor that is unknown by Council is whether families have enrolled their children at other early education and care settings including long day care, pre-prep programs, early years facilities on school sites or are enrolled in similar Central Kindergarten Enrolment schemes for other local government areas. There is a large amount of movement during and post the rounds of offers. Situations change for families with their capacity to accept an offered placement changing prior to the start of the New Year.

CONSULTATION

Consultation included Council in collaboration with Early Learning Association Australia (ELAA) and the North Western Metropolitan regional office of Department of Education and Training (DET) held a mandatory information session for Executive Committee members on 21 April 2015. 14 out 15 kindergartens were represented at this session. Council also met with each kindergarten executive committee and Kindergarten Cluster manager in person to discussion viable options for the delivery of funded four year old kindergarten programs whilst meeting 2016 ratio changes.

TIMELINES

The key dates for Kindergarten Enrolments rounds of offers are as follows: First Round Offers: 17 July 2015 Second Round Offers: 7 August 2015 Third Round Offers: 21 August 2015

CONCLUSION

Council is well underway in its preparation for the change which will occur to the ratios in the Early Childhood Sector in 2016. The changes will see the number of children per educator for children between the ages of 3-5 years lowered from 1:15 to 1:11. This will result in the overall number of places on offer within Banyule being lower than in previous years. In past years about 80% of families have received their first preference for kindergarten, it is anticipated that this won’t happen this year due to the reduced numbers across kindergartens.

ATTACHMENTS

No. Title Page

1 Planning District Capabilities 71

3.1

Planet – Environmental Sustainability


3.1 GARAGE SALE TRAIL Author: Margaret Morgan - Waste Education Co-ordinator, Assets & City Services

File: F2015/167

EXECUTIVE SUMMARY

Garage Sale Trail is a not-for-profit program which can provide assistance to Local Government in promoting waste reduction in their communities. The once a year event fosters the opportunity for people to de-clutter, reuse, meet the neighbours, and make a few extra dollars all at the same time. The program organisers have approached Council to seek Banyule’s involvement. There is a cost to Council depending on the length of time in the program. The current costs are $10,000 for 1 year, $17,500 for 2 years, or $22,500 for 3 years. In addition there would be advertising costs to council of $7,000 per year and a time commitment of Councils communication team of approximately 25 hours to participate in the program. It is considered that although there is some environmental benefit to Garage Sale Trail, the amount gained is quite small. There is however social benefit in that it gives residents an opportunity to get out and about and to meet other people.

RECOMMENDATION

That Council refer funding for participation in the 2016 Garage Sale Trail to the 2016/2017 budget for consideration.



CITY PLAN

This report is in line with Council’s City Plan key direction to “avoid waste generation”.

BACKGROUND

Garage Sale Trail is a not-for-profit program which claims to provide assistance to Local Government in promoting waste reduction in their communities. This program is a marketing and communications tool to deliver a three to four month campaign for mobilising communities around Australia to hold Garage Sales on the same day. It has been operating for four years, and claims to have grown from one Council to over 133 Councils with more than 8,000 garage sales registered all over Australia in 2014.

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GARAGE SALE TRAIL cont’d


The package offered includes artwork for Council branding and media releases including information for newsletters, promotional templates for flyers, access to the Garage Sale Trail website, and social media opportunities. The result is a promotion of re-use, waste education, facilitating behavioural change and bringing communities together. It does not include the cost of producing flyers, posters or other costs associated with handouts or local advertising. This communication package has been well established over the past four years and does not require Council to develop any further tools to market the event. Anyone can be involved from households, to local businesses, makers & creators, community groups, cultural institutions, schools and charities, and they can register their venue on the Garage Sale Trail website to advertise their participation. This event fosters the opportunity for people to de-clutter, reuse, meet the neighbours, and make a few extra dollars all at the same time. Council can monitor the number of people participating through the Garage Trail website and obtain a report on these activities. This would also give the opportunity to monitor any change in the level of community support.


Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities. It is considered that the subject matter does not raise any human rights issues.

DISCUSSION

At the current time, there is no data to indicate whether the program has provided an increase in the activities of garage sales or merely co-ordinated everyone to hold a sale on one day. It should be noted that one nominated day may not suit all interested participants and garage sales can be held on any weekend. There is no tool available to estimate the reduction in waste versus the cost of implementing the Garage Sale Trial Sale. On benchmarking with other councils, there has been mixed reviews with regard to the success of their program. A survey by one council who participated in the 2013 program indicated that nearly half the respondents managed to sell only about 10% of the items they had on offer. Nearly 50% of respondents donated the remaining items and almost 25% still had the items at the time of the survey. There are many existing ways for residents to sell, reuse or giveaway their items and these are EBay, Gumtree, Gazza’s Garage Sales, community events and donating to charities. These opportunities are ongoing throughout the year and are often free or user pay, and at no cost to Council. These resources are more suitable to people who do not want to be confined to participation on one day a year. Council can encourage Garage Sales by promoting to its community, the different ways to sell,

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reuse or giveaway their items through Council newsletters, community groups, or its website. Council has a Waste Truck that has a message for encouraging people to sell online, and this is a constant reminder to residents. The Garage Sale Trail does have a social benefit that brings communities together on a common cause to reduce their clutter, make a little money and, more importantly, avoid waste by promoting re-using of their old items.


There is a cost to Council to participate in the Garage Sale Trail, depending on the length of time in the program. The current costs are $10,000 for 1 year, $17,500 for 2 years, or $22,500 for 3 years. There is no cost to the community for participating but they do need to provide their own venue and any other associated costs. While the program includes information for newsletters, promotional templates for flyers, access to the Garage Sale Trail website, and social media opportunities, there are additional costs associated with actually undertaking these activities. Discussions with Council’s Communications Team and feedback from other councils have indicated this could be up to $7,000 depending on how heavily the program is promoted. Promotions could include a Banner article, small piece in the Banyule in Brief advertorial, on hold message, promotion in foyers and leisure centres, website and general advertising. Council’s communication team would also need to allocate time to manage Council’s participation in the program, which has been estimated at 25 hours.

One year commitment

Two year commitment

Three year commitment

Garage Sale Trail registration

$10,000 $8,750 $6,500

Advertising costs $7,000 $7,000 $7,000

Total Cost per annum

$17,000 pa. $15,750 pa. $13,500 pa.

Officer time required

25 hours pa. 25 hours pa. 25 hours pa.

There has been no budget allocation in the 2015/16 Council budget to participate in the Garage Sale Trail. Should Council not participate in the Garage Sale Trail, there are many existing ways for residents to sell, reuse or giveaway their items including community events and donating to charities. These opportunities are ongoing throughout the year and are often free or user pay, and at no cost to Council.

TIMELINES

Participation for 2015 was closed on April 30, 2015, however Officers have been advised that this has been extended to early July 2015. The timeframes for the 2016 program would be similar to 2015.

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CONCLUSION

It is considered that although there is some environmental benefit to Garage Sale Trail, the amount gained is quite small. There is however social benefit in that it gives residents an opportunity to get out and about and to meet other people. While evidence from previous years has indicated that Garage Sale Trail is an expensive program for the relatively small number of households that participate, there can be some social benefit to the program. The number of participants that would engage in a Banyule Garage Sale Trail is unknown. Council participation in the Garage Sale Trail has not been funded in the 2015/16 Council Budget. It is therefore recommended that the funding for the Garage Sale Trail be referred to the 2016/17 budget for consideration and comparison against other proposed Council initiatives.

ATTACHMENTS

Nil

4.1

Place – Sustainable Amenity and Built Environment


4.1 ECONOMIC DEVELOPMENT PLAN Author: Ben Smith - Economic Development CoOrdinator, City Development

File: F2015/167

EXECUTIVE SUMMARY

The draft Economic Development Plan (“the Plan”) establishes Council’s economic development agenda for the next five years, establishing a vision and strategic objectives, accompanied by a two-year action plan. The Plan communicates the role and function of economic development within Banyule and provides clarity on what we are seeking to achieve and, through the action plan, how we will deliver it. Development of the Plan has been based on:

Council’s City Plan commitments and overall policy direction, provided by the Place and People policies.

Reflecting on successful economic development programs and initiatives delivered by Council, or in partnership with others.

Consulting with key stakeholders during the initial development, including directly with businesses.

Understanding the shape of the local economy, and its dominant and emerging trends including growth, industry focus and the labour market.

Analysis of the key issues, including changes in the retail sector.

Identification of challenges, strengths and opportunities, such as limited commercial floor space, a strong entrepreneurial culture, and supporting home-based businesses respectively.

Ultimately the Plan sets a framework for continuing Council’s successful programs and initiatives in shopping centres, business support and regional economic development, while setting foundations to strengthen our agenda, including; investment attraction for target areas, and partnerships to benefit the labour market. Approval of the draft Plan will initiate a formal consultation process, where feedback will be invited from a range of key stakeholders as well as the broader community. It is anticipated that the final Banyule Economic Development Plan 2015-2020 will be considered at a future meeting of Council.

RECOMMENDATION

That Council: 1. Approves the draft Economic Development Plan for public exhibition over a

period of three (3) weeks. 2. Receive a further report discussing feedback received during the public

exhibition period, before considering approval of a final Plan at a future meeting of Council.

4.1


ECONOMIC DEVELOPMENT PLAN cont’d




CITY PLAN

This report is in line with Council’s City Plan key directions to:

“promote and support health and wellbeing” (Place Policy, Key Direction 3.2).

“Support thriving commercial and retail activity” (Place Policy, Key Direction, 3.3).

The production of an Economic Development Plan (“the Plan”) takes its specific lead from an initiative identified in Year 2 to: “Review and deliver the Banyule Economic Development Plan in consultation with local industry and key stakeholders.” (Place Policy, Focus Area 3.2.5)

BACKGROUND

Banyule’s first Economic Development Strategy was produced in 2004, setting frameworks and directions for the service, many of which have since evolved into best practice, particularly in the areas of support for shopping precincts and traders’ associations. Since then, Banyule has adopted a new City Plan in 2013, the economy has changed and grown, and fresh opportunities have emerged. The production of a new Economic Development Plan is both timely and essential. The Plan provides an opportunity for Council to clearly articulate the key issues within the local economy, and pursue one of its primary objectives as defined by the Local Government Act 1989. The Act provides that Councils must have regard to facilitating the social, economic and environmental viability and sustainability of the municipality. Council is well placed to drive local economic development because of its strong relationships with local communities and knowledge and responsibilities for local places.

SUMMARY OF THE ECONOMIC DEVELOPMENT PLAN

The Plan provides a five year strategy to guide and promote economic activity and growth in the municipality, with a vision where: “Banyule has a prosperous local economy, responding positively to challenges and new opportunities, where individuals are supported to reach their economic potential and there are strong connections between business and community.” The four strategic objectives of the Plan reflect the key priorities that are current or emerging within Banyule:

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Vibrant Precincts – Our activity centres are at the heart of economic development in Banyule, and contribute to community wellbeing too. We will continue to focus attention on these centres, working with traders’ association and others, to meet the challenges of changing retail patterns while attracting new vibrant uses, activity and investment. At the same time, we recognise the important role of industrial areas and their transition and diversification. Likewise, home-based businesses are a priority, providing new entrepreneurial opportunities, as well as sowing the seeds for the next generation of economic growth. Business Support – From small specialist workshops to large keynote events, we recognise that local businesses require a diverse range of support. Our business support programs will focus on providing low-cost training, advice and networking opportunities to our diverse business community. Investment and Attraction – Banyule has an enviable balance of live / work opportunities and we will market and promote the benefits to attract new investment and encourage economic activity within our centres. We will also support the promotion of Banyule as a destination, and work with partners to develop our visitor offer. Leadership and Partnerships – Council plays a lead role in delivering economic development activity including labour market initiatives. We also facilitate the development of partnerships, bringing stakeholders together for mutual advantage. We will continue to work with agencies within and outside of Banyule, utilising expert local knowledge and leveraging external resources to deliver on our economic development agenda. The Plan is accompanied by an Action Plan that sets out the work areas and initiatives that will be delivered over the next two years (2015 to 2017). Within the plan, individual actions are prioritised based on their contribution to delivery of the strategic objectives and available resources. Where resources are not currently available, a lower priority has been given.


It is considered that the Plan is consistent with and advances the key principles underpinning the Victorian Charter of Human Rights, including freedom, respect, equality and dignity.

Consideration has also been given to Council’s Inclusion Access and Equity Framework (IAE) which includes outlines Council’s commitment to improving economic participation, community participation and health and wellbeing for Banyule’s diverse communities. The Economic Development Plan Action Plan will respond to the IAE commitment to economic participation through the implementation of specific projects and initiatives that consider the needs of Banyule’s diverse communities. The areas of the Plan that have direct implications in this respect are:

Business support services and their accessibility, promotion and relevance to the breadth and diversity of the Banyule community and

Labour market initiatives.

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The core initiatives identified as actions within the Plan are within Council’s approved 2015/16 budget, including business support, labour market initiatives involving Council as an employer, Council’s contribution to the Special Rates and Charges schemes, and regional economic development. While the draft Plan does not commit Council to the funding of additional initiatives, it lays the foundation for exploration of further economic development activity, some of which will require consideration of additional resources, whether from Council or alternative funding streams. As the Plan is reviewed each year, further resource implications will be monitored in line with delivering initiatives as prioritised within the Action Plan.

CONSULTATION

During development of the Plan, consultation occurred with stakeholders by:

Implementation of an online survey to capture feedback from businesses based in Banyule. Nearly 100 responses were received.

One on one and group discussions with Banyule’s centre managers and coordinators, representing the eleven traders’ associations.

Liaison with regional economic development organisations, neighbouring councils and local stakeholders.

Subject to approval by Council, the draft Plan will be released for formal consultation, which will include:

Promotion through Council’s communication channels for public comment and feedback.

Requesting formal feedback from regional economic development organisations, local councils and local stakeholders including traders’ associations.

TIMELINES

The draft Plan will be advertised and released for public comment in early July 2015 for a period of three weeks. The Plan will be revised to incorporate feedback and a final document will be considered by Council at its meeting on 7 September 2015.

CONCLUSION

The Banyule Economic Development Plan 2015-2020 presents an opportunity for Council to refine and improve its approach to economic growth and prosperity. Council has a strong and well recognised track record in delivering high quality economic development outcomes through such established programs as the Special Rates and Charges schemes. The draft Plan builds on those strengths, while recognising upcoming opportunities, such as the emerging La Trobe Employment Cluster. Ultimately the Plan strikes a balance between continuing and refining Council’s successful work and rising to new challenges.

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ATTACHMENTS

No. Title Page

1 Draft Banyule Economic Development Plan 2015-2020 - July 2015 73

2 Draft Banyule EDP Action Plan 2015-2017 - July 2015 105

5.1

Participation – Community Involvement in Community Life


5.1 ABORIGINAL AND TORRES STRAIT ISLANDER ADVISORY COMMITTEE - APPOINTMENT OF MEMBERS

Author: India Mortlock - Community & Social Planner, Community Programs

File: F2015/167

EXECUTIVE SUMMARY

Expressions of Interest to serve on the Aboriginal and Torres Strait Islander Advisory Committee were called for recently. The Aboriginal and Torres Strait Islander Advisory Committee will provide Council with advice on issues affecting the Aboriginal and Torres Strait Islander community and on the implementation of Council’s Aboriginal and Torres Strait Islander Plan 2014-2017. Thirteen expressions of interest to join the Committee. The Wurundjeri Tribe Land Cultural Heritage Council has also nominated a representative to serve as an Advisor to the Committee. This report considers the appointment of members to the Aboriginal and Torres Strait Islander Advisory Committee.

RECOMMENDATION

That Council: 1 Endorse the establishment of a Banyule Aboriginal and Torres Strait Islander

Advisory Committee. 2 Appoint the following persons (Names will be provided at the Council Meeting)

to the Aboriginal and Torres Strait Islander Advisory Committee. 3. Adopt the Terms of Reference for the Aboriginal and Torres Strait Islander

Advisory Committee. 4. Appoint Councillor (to be decided) as the lead delegate and Councillor (to be

decided) as the substitute delegate to the Aboriginal and Torres Strait Islander Advisory Committee.



5.1


ABORIGINAL AND TORRES STRAIT ISLANDER ADVISORY COMMITTEE - APPOINTMENT OF MEMBERS cont’d


CITY PLAN

This report is in line with Council’s City Plan key direction to “encourage diverse and inclusive community participation”.

BACKGROUND

During 2014, Council developed its Aboriginal and Torres Strait Islander Plan 2014-2017 (hereafter the Plan). This plan was adopted by Council on 15 December 2014 (Resolution CO2014/454). Whilst the other three Plans under the Inclusion Access and Equity Framework (Multicultural, LGBTI, and Disability) have Advisory Committees, the Aboriginal and Torres Strait Islander Plan was developed in consultation with the Babarrbunin Beek management committee, who acted in an advisory role. Babarrbunin Beek (which means ‘happy place’ in the local Woiwurrung language) is a gathering place for Aboriginal and Torres Strait Islander people living in and around Banyule. The gathering place is located in Olympic Park (The Fred Howe Annex) next to the walkway to Northland. Overseen by an Aboriginal and Torres Strait Islander management group, Babarrbunin Beek is a joint project between the local Aboriginal and Torres Strait Islander community, Banyule Community Health and Banyule City Council, to have a dedicated space where people can come together. It allows the local Aboriginal and Torres Strait Islander community to create a real connection to country by establishing a place of community ownership, where knowledge can be shared and culture celebrated. As part of the resolution to adopt the Aboriginal and Torres Strait Islander Plan, Council resolved to write to Babarrbunin Beek requesting they invite Councillors to future meetings and formalise their advisory role. (Resolution CO2014/454). Officers subsequently attended a Babarrbunin Beek management meeting on 11 February 2015, where it was considered that the Babarrbunin Beek operational focus was not a good fit with the strategic intent of the Advisory Committee, and that the needs of Banyule’s Aboriginal and Torres Strait Islander community would best be met through a Councillor chaired Advisory Committee. This would ensure a consistent approach across Council’s Inclusion Access and Equity portfolios. As the Aboriginal and Torres Strait Islander Plan has been developed; and operational issues, activities, and events continue to be dealt with through the monthly Babarrbunin Beek management committee meetings, it is considered that quarterly meetings are sufficient to meet the strategic objectives of the Aboriginal and Torres Strait Islander Advisory Committee. A Terms of Reference for the Aboriginal and Torres Strait Islander Advisory Committee has been developed (see Attachment 1). The Terms of Reference provide for up to 14 community members and the appointment of consultant from the Wurundjeri Tribe Land Cultural Heritage Council. The Aboriginal and Torres Strait Islander Advisory Committee will play a key role in guiding the implementation of the Aboriginal and Torres Strait Islander Plan 2014-2017. Council’s advisory committees have an advisory role and do not hold any authority to make decisions or commitments on behalf of Council.

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The minutes of committee meetings will be presented to Council for information after each meeting. Recommendations and requests arising from committee meetings are presented to Council for consideration as required. Responses to recommendations are determined based on Council’s legislative role, stated commitments in Council’s Policies and Plans, and budgetary processes. It should be acknowledged that while the Aboriginal and Torres Strait Islander advisory committee forms an important part of Council’s engagement with Aboriginal and Torres Strait Islander community, it is not the only avenue for consultation and engagement. Other networks, groups and individuals not involved as formal advisory committee members, will also be involved in Council’s work on inclusion, access and equity. In particular the Babarrbunin Beek management will remain an important consultative group.


In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. It is considered that the subject matter does not raise any negative human rights issues. The nature of the Aboriginal and Torres Strait Islander Advisory Committee in fact enhances Council’s advocacy function in affirming the individual’s rights to freedom of expression especially in underrepresented groups in our community. It is considered that the Advisory Committees enhances individual’s rights to Freedom of Expression as contained in section 15 of the Charter.

CURRENT SITUATION

A Terms of Reference for the Aboriginal and Torres Strait Islander Advisory Committee has been developed (see Attachment 1). The Terms of Reference provide for up to 14 community members, and the appointment of consultant from the Wurundjeri Tribe Land Cultural Heritage Council. Council has advertised for Expressions of Interest and received thirteen responses. These nominations have been assessed against the selection criteria laid out in the Terms of Reference. It is recommended that thirteen people be appointed to the Committee (the names will be provided at the Council meeting). The Wurundjeri Tribe Land Cultural Heritage Council have been asked to nominate a representative to serve as an advisor to the Committee. It is inappropriate to ask the Traditional Owners to apply for a position on Banyule’s Aboriginal and Torres Strait Islander Advisory Committee. Rather Council has an appointed Traditional Owner Elder as a consultant advisor. This position is as a paid consultant, rather than being an appointed member. It is also standard practice, and a mark of respect, to pay Traditional Owners for their work on Wurundjeri Land.

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CONCLUSION

Council’s Aboriginal and Torres Strait Islander Advisory Committee will play an important role in assisting Council to closely engage with members of its Aboriginal and Torres Strait Islander community. Council received thirteen expressions of interest to join the Aboriginal and Torres Strait Islander Advisory Committee. The Wurundjeri Tribe Land Cultural Heritage Council has also nominated a representative to serve as an Advisor to the Committee. Council will also continue to work closely with the Babarrbunin Beek management committee.

ATTACHMENTS

No. Title Page

1 Aboriginal and Torres Strait Islander Advisory Committee - Terms of Reference

117

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5.2 MULTICULTURAL ADVISORY COMMITTEE - RECOMMENDATIONS REQUIRING ENDORSEMENT

Author: Shawn Neilsen - Inclusion Access & Equity Social Planner, Community

Programs

File: F2015/167

EXECUTIVE SUMMARY

At the meeting of Council’s Multicultural Advisory Committee on 11 June 2015, two recommendations were made that require endorsement from Council. The recommendations are that:

a. A submission be prepared in response to the Commonwealth Department of Immigration and Border Protection discussion paper ‘Australian Citizenship – Your Right, Your Responsibility’

b. Council consider signing a variation agreement to the “Racism, it stops with

me” campaign to continue Council’s support of the campaign. A submission has been prepared to the Australian Citizenship discussion paper for Council’s consideration and details regarding the extension of Council’s support for the “Racism, it stops with me” campaign are outlined in this report.

RECOMMENDATION

That Council: 1. Note the minutes of the 11 June 2015 meeting of the Multicultural Advisory

Committee (Attachment 3). 2. Endorse the submission to the Commonwealth Department of Immigration and

Border Protection (Attachment 1). 3. Sign the variation to the ‘Racism, it stops with me’ campaign agreement

(Attachment 2) and continue to meet that commitment through the implementation of Council’s Multicultural Plan.



5.2


MULTICULTURAL ADVISORY COMMITTEE - RECOMMENDATIONS REQUIRING ENDORSEMENT cont’d


CITY PLAN

This report is in line with Council’s City Plan key direction to “advocate on behalf of our community”. BACKGROUNDAustralian Citizenship Discussion Paper

The Commonwealth Department of Immigration and Border Protection has released a discussion paper (Attachment 4) outlining proposed changes surrounding Australian citizenship including: reviewing English language testing requirements, and increasing ministerial powers to revoke the citizenship of dual citizens suspected of terrorism. Submissions to the paper were invited by the Department. There was a very short window in which to make submissions (until 30 June 2015), however, Council has sought and received an extension until 10 July 2015, to allow time for a submission to be presented to Council.

Racism It Stops With Me Campaign

The ‘Racism, it stops with me’ campaign was developed by the Australian Human Rights Commission to ‘promote a clear understanding in the Australian community of what racism is, and how it can be prevented and reduced’. Since its launch in 2012 many businesses, not for profit bodies and local governments have endorsed the campaign.

At the meeting on 7 October 2013, Council resolved to become a formal supporter of the ‘Racism, It stops with me’ campaign (CO2013/347). Council’s support for the campaign is active, under agreement with the Australian Human Rights Commission until 30 June 2015 which was the original end date of the campaign.

As a formal supporter of the campaigned Banyule has agreed to:

Endorse the campaign;

Promote the campaign through communications channels; and

Identify specific activities that the organisation can undertake over the next three years to support our stance against racism.

The campaign asks for a formal commitment to anti-racism, but does not tell organisations what actions to take.


Victoria's Charter of Human Rights and Responsibilities (the Charter) outlines the basic human rights of all people in Victoria. The Charter requires that governments, local councils and other public authorities comply with the Charter and to consider relevant Charter rights when they make decisions. In developing this report to Council, the subject matter has been considered in accordance with the requirements of the Charter of Human Rights and Responsibilities.

5.2




It is considered that the subject matter of this report directly supports rights contained in the Charter. The attached submission to the Commonwealth’s proposed changes to the Citizenship Act aims to support the rights contained in Section 24, The Right to a fair hearing and Section 25 Rights in criminal proceedings.

CONSULTATION

Council’s Multicultural Advisory Committee has been consulted in the preparation of this report and the attached submission.

DISCUSSION

Australian Citizenship Discussion Paper

At the Multicultural Advisory Committee meeting on 11 June 2015, the Committee expressed concern over some of the proposed changes to the Citizenship Act and recommended that Council prepare a submission to the paper. A submission has been prepared in response to the discussion paper which includes the following recommendations:

Recommendation 1: Council recommends that any changes to the requirements for English language testing be communicated in greater detail to allow for further consultation and response.

Recommendation 2: Council recommends that any changes to the requirements for English language testing correspond with a review of the funding and support for English language tuition.

Recommendation 3: In line with the Australian Human Rights Commission’s position, Council recommends that the decision to revoke citizenship should occur through a judicial process, not the Minister.

Recommendation 4: Council recommends that stronger and ongoing community engagement be used as an important strategy to respond to concerns around radicalisation.

Recommendation 5: Council recommends that any proposed policy changes relating to citizenship involve meaningful consultation with community leaders, and that there be widespread community education about any proposed changes and there implementation.

‘Racsim, It Stops With Me’ Campaign

In May 2015, the Australian Human Rights Commission contacted Council to advise that due to its success, the campaign had been extended and would now be an ongoing campaign of the Commission. Council has been invited to continue its support to the campaign through signing a variation to the original agreement. This agreement does not impose an end date, and implies Council’s support to the campaign as being ongoing.

5.2




Council’s Multicultural Plan outlines strategies to support multicultural communities in Banyule. This includes Council’s commitment to addressing racism. Implementing Council’s Multicultural plan, and developing specific actions focused on addressing racism, is the key way that Council meets its commitment to the ‘Racism, it stops with me campaign.’

CONCLUSION

The attached submission to the Commonwealth’s discussion paper on changes to the Citizenship Act and the proposal to continue Council’s support for the ‘Racism, it stops with me’ campaign are consistent with Council’s commitments to diverse communities.

ATTACHMENTS

No. Title Page

1 Banyule City Council Submission - Australian Citizenship Discussion Paper 123

2 Racism it stops with me, campaign variation agreement 128

3 Multicultural Advisory Committee - Minutes - 11 - 06 - 2015 130

4 Your rights, your responsibility - Australian Citizenship Discussion Paper 135

5.3



5.3 WEBCASTING OF COUNCIL MEETINGS Author: Vivien Ferlaino - Governance Co-ordinator, Corporate Services

File: F2015/1812

EXECUTIVE SUMMARY

This report is presented in response to a Notice of Motion raised at the Council Meeting held on 3 February 2014 in relation to webcasting (or live streaming) of Council meetings. The report examines:

other councils that currently webcast Council Meetings

the financial implications

general legal implications such as privacy and defamation risks

identified risks and benefits; and

the requirement for community consultation Webcasting of Council Meetings provides accessibility for persons of all abilities and offers an opportunity for people who are not in attendance at meetings to have access to Council business items of interest or to view the whole meeting. It also serves as a good historical record of council business. While there are positives to webcasting, there are also a number of limitations and issues to consider; these include: the increased risk of defamation action against Councillors, potential increased legal costs for Council, privacy implications for members of the public, and costs associated with setup and ongoing support. As further investigation is required on the merits of webcasting for Banyule, it is being recommended that Council not proceed with live webcasting of Council meetings at this time.

RECOMMENDATION

That Council:

1. Note the report on the feasibility of live streaming/webcasting of Banyule Council Meetings;

2. Determine not to proceed with live streaming/webcasting of Council Meetings at this time; and

3. Continue to review opportunities for further improving the accessibility and operation of Council meetings.


Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates.

5.3


WEBCASTING OF COUNCIL MEETINGS cont’d


Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “engage meaningfully with our community”.

BACKGROUND

Council at its meeting on 3 February 2014 resolved that: “A report be presented to Council in regards to providing live streaming of Council meetings. The report to include:

1. Cost to provide live streaming through the Banyule website. 2. Other councils currently providing this service and associated policies. 3. Any other issues relating to providing this service.”

Live streaming and webcasting is the process of delivering multimedia content via the internet, in audio and/or video format as a source of content for multiple viewers. The webcasts are designed to give residents across the municipality the opportunity to access Council meetings, regardless of how far away they live from council offices. These are particularly useful for rural councils. Councils which currently live steam, capture the entire Council meeting. Any video recording will exclude meetings closed to the public. Examples of Victorian and interstate councils currently webcasting council meetings, include:

Bayside City Council

Darebin City Council

Melton City Council

Greater Dandenong Council

Kingston City Council

Manningham City Council

Frankston City Council

Shire of Campaspe

New Castle City Council

Shellharbour City Council

Wellington Shire Council

Gold Coast Council Some councils don’t webcast, however deliver audio recordings and/or podcasts. Councils such as Hobson’s Bay, South Gippsland Shire Council and Moyne Shire Council currently provide audio recordings of Ordinary Council meetings.

5.3





In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. There are three rights applicable to the consideration of livestreaming of Council Meetings and are detailed below: Section 8 – Right to Recognition and equality before the law - Enhanced The first right is the right to recognition as a person before the law. This is an absolute right which, under international law, cannot be limited under any circumstances. Live streaming/webcasting and captioning of Council meetings would provide access to people with disabilities who are unable to attend Council meetings now, this right is further promoted and enhanced. Section 13 – Right to Privacy & Reputation - Limited The right to privacy under section 13 of the Charter protects people in Victoria from ‘unlawful’ interference with their privacy – this means that no interference can take place except in cases authorised by law. Currently members of the public addressing Council in the open public forum or the when speaking before an item of Council must state their name and suburb. This provides context for Councillors when addressing the points of the speakers in particular in relation to an item before Council requiring a decision. The names of all speakers are documented in the Council minutes. This information is collected and used in accordance with the Privacy & Data Protection Act 2014. Prior to livestreaming of Council meetings, Council would need to ensure the appropriate notification in accordance with the Privacy legislation to provide implicit consent to being filmed and clear signage that the meeting is being filmed will be required. The limitation is considered reasonable. Section 18 – Right to take place in public life -Enhanced Every person in Victoria has the right, and is to have the opportunity, without discrimination, to participate in the conduct of public affairs, directly or through freely chosen representatives. This includes the right to vote and be elected at periodic State and municipal elections that guarantee the free expression of the will of the electors; and to have access, on general terms of equality, to the Victorian public service and public office. Council Meetings provide for people to participate in public life. This right is further enhanced by providing access via webcasting. Consideration of captioning also provides further access to those who are visually impaired and possibly assist those where English is not their first language. LIVESTREAMING/WEBCASTING There are benefits to webcasting and providing audio recordings of Council meetings including some identified risks. Some of these are explored below.

5.3




Benefits Webcasting and audio recording is recognised as promoting and improving the democratic process at the local council level. Other benefits to Council include:

Improved accessibility of Council meetings to residents

Improved participation and interaction in Council meetings

Improved communication and transparency in the decision making process of Council

Compliments formal minutes

Ability to maintain a more detailed historical record of meetings rather than relying on written minutes alone.

Identified Risk

Defamation – Increased risk, Council may be liable for defamatory statements made by Councillors during Council meetings.

Infringement of Copyright – If someone at a Council meeting reads material subject to copyright, without the consent of the copy right owner, the person may have violated the copyright owner’s exclusive right to reproduce the material.

Breach of privacy/disclosure of personal information – Councils may be liable for breach of the privacy principles if Councillors or Council Officers are found to have used or disclosed personal, health or sensitive information about individuals during a Council meeting, and that information is made public

Publishing of offensive Material

Publishing of confidential or privileged council information

Potential doctoring of recordings

Use of recordings by public/media causing embarrassment (which has already occurred in relation to webcast council meetings, with embarrassing footage being placed on Twitter and Youtube and aired around the world)

Defamation A key risk of live webcasting is that recordings can lead to defamation actions against Councillors with the content of recordings being used as evidence against Council. Council and or Councillors may be liable for defamatory statements made by Councillors and the public during a Council Meeting. Defamation can be in written or in verbal form, and occurs when statements are made about a person, which causes injury to that person’s reputation. Council’s Insurer have advised that the Directors and Officers Liability Policy covers the personal assets and liability of past, present and future insured persons, against claims arising from actual or alleged wrongful acts of decisions made in their capacity as leaders and decision makers. While insurance policies may cover some elements of defamation, there are however exclusions to various policies if the comments are intentional, reckless, dishonest or malicious. Councillors and Staff would need to be mindful that when statements are made during a Council meeting, the potential for damage is expanded as the audience is much larger than the people in attendance.

5.3




MUNICIPAL ASSOCIATION OF VICTORIA (MAV) - COUNCIL MEETING AUDIO RECORDINGS The MAV State Council passed a resolution “to encourage councils to maintain a publicly accessible audio archive of council meetings in order to provide a fuller public record of proceedings than can be made available in the formal written minutes”. The MAV acknowledged that a number of councils already record council meetings and place the recording on their websites. Notwithstanding, there would be a number of councils that do not have recording facilities and there would be a cost to those councils to procure such facilities. It is considered that audio recordings complement the formal minutes of meetings. They provide an opportunity for people who are not in attendance at meetings to access debate on an item. They also serve as a good historical record of council business. The MAV Board recently gave further consideration to the State Council resolution and resolved that Chief Executive Officers be advised of the motion and asked to consider the merits of the proposal based on a cost/benefit analysis for their particular council. Where a council does not currently record council meetings and place them on their website, the suggestion was made that consideration should be given of the merits of doing so in the future.

CAPTIONING

In accordance with Council’s Disability Action Plan, Council strives to ensure that people with disabilities can equitably access Council Meetings and participate in the decision making process. It would be useful to explore captioning, which is the text version of speech and other sound that can be provided on online videos, the captioning is usually displayed on the bottom of a video screen to show which character is speaking or where the sound is coming from. Colours may also be used to distinguish between sounds. Captioning is considered to compliment webcasting. Two potential providers have submitted indicative costs for this service. There are still some technical considerations which would need to be resolved. The main types of captioning explored are closed captions and live captioning. Live captioning is a transcript provided synchronously with the audio of the webcast. Closed captions are a verbatim transcript of proceedings (where possible) and includes speaker identification and is presented and designed for reading purposes, applying all the usual spelling and grammatical conventions. This transcript usually requires a 2-3 day turnaround post the event. The funding implications are provided further in this report.

5.3




LEGAL CONSIDERATION

A key risk of webcasting is the disclosure of personal information without consent in breach of the Privacy and Data Security Act 2014. Personal information is often disclosed during the course of discussions, speakers presenting, or submissions at meetings. Those attending public meetings will need to provide implicit consent to being filmed, and clear signage that the meeting is being filmed will be required. It should also be mentioned by the Chair at the start of the meeting. As discussed earlier, recordings can also potentially lead to defamation actions against Councillors as content can be used as evidence against Council.

CONSULTATION

While Councillors and relevant staff have been consulted on the matter, no community consultation has been undertaken to date and it is unknown whether there is community interest or support for webcasting of meetings. If Council were to proceed, community opinion on the benefits and desire for access to Council meetings via live webcasts should be canvassed in conjunction with Council’s engagement methods.


Costs associated with webcasting are dependent on the system choice and requirements. An evaluation of four service providers was carried out to assess the appropriate resources/services required to allow a live video feed of Council meetings to be made available to the community. All service providers take advantage of their own respective combined infrastructure and software framework to act as a live video host. On-demand video storage and on-demand video host all in one and are considered to be cloud solutions that do not require maintenance of physical or virtual servers. Costs for streaming only, range from $0 to $16,000. The cost of camera equipment (one fixed camera) is estimated at $15,000, and additional costs may be incurred for integration with Council’s existing audio system and website. Costs for captioning range from $17,776 - $59,400 per annum. Costs vary depending on the initial establishment costs required and installation of other equipment, integration and set up costs with current systems and purchases of additional cameras. Cost variations may be factors of:

Equipment upgrades

Installation of audio systems

Number of cameras (dependent on room size and angles)

Purchase and installation of microphones

Lighting systems

5.3




System Choice

Integration with existing systems.

Ongoing costs

Staffing costs to operate equipment Summary of known costs

Cost Anticipated

Set Up Cost (Purchase of cameras)

$15,000

Webcasting Servicing Cost – Basic Level Service

$0 - $16,000 (depending on provider)

Captioning Cost 22 Meetings $17,776 - $59,400

The costs for set up, implementation and ongoing maintenance for webcasting of Council meetings has not been included in the 2015/16 Budget. Therefore should Council wish to pursue the proposal an allocation would need to be made.

POLICY IMPLICATIONS

With the recent review of the Governance Local Law No.2 and Meeting Procedures Code 2015, relevant clauses were included to provide for webcasting should Council decide to implement. There is no further requirement to draft protocols as the Local Law adequately covers public participation and conduct at meetings. Further, the Councillors Code of Conduct and the Banyule Staff Code of Conduct require Councillors and staff members to act appropriately and professionally at all times which includes at Council meetings.

CONCLUSION

An expected benefit from the introduction of webcasting would be to enhance the perception of Council transparency and accessibility. However, aside from the ongoing costs and resourcing there are a number of limitations and risks associated with this activity, the greatest being the increased risk of defamation action or breaches to privacy. While it is appropriate for Council to raise the matter of webcasting and to consider and investigate its suitability for Banyule, there has been no work or consultation undertaken to assess whether the public would utilise the service or if the demand is sufficient to warrant the cost and resourcing. Due to the associated risk factors and need for additional research and consultation, it is not recommended that Council proceed with live webcasting of Council meetings and this time. However, Council should continue to explore ways in which it can enhance the participation and accessibility of Council meetings, which may or may not include webcasting and live streaming of meetings in the future.

ATTACHMENTS

Nil

6.1

Performance - Use Our Resources Wisely


6.1 22 AND 24 PETERS STREET, WATSONIA - PROPOSED SALE OF LAND - HEARING OF SUBMISSIONS

Author: Jeanette Kringle - Property Co-ordinator, City Development

Ward: Grimshaw

File: F2013/1090

Previous Items Council on 23 March 2015 (Item 6.6 - 22 and 24 Peters Street Watsonia - Notice of

Intention to Sell)

EXECUTIVE SUMMARY

Council owns the land known as 22 and 24 Peters Street, Watsonia (subject land) which comprises two separate allotments, the rear boundaries of which are adjacent to A K Lines Reserve (Reserve). At its ordinary meeting on 23 March 2015 (CO2015/73) Council authorised the commencement of statutory procedures, in accordance with section 189 of the Local Government Act 1989 (Act), to give public notice of Council’s intention to sell the subject land. Having now complied with statutory requirements and having received no submissions or requests to speak, it is now acknowledged that further investigations are warranted. Such investigations are to ensure full compliance with disclosure obligations required under Section 32 of the Sale of Land Act 1962 and to ensure, consistent with Council’s Sale and Exchange of Land Policy, that the highest possible return to the community is achieved in the event that Council determines to proceed with the sale at a future meeting of Council.

RECOMMENDATION

That Council: 1. Having complied with sections 189 and 223 of the Local Government Act 1989:

a. by giving public notice; b. by providing an opportunity to those who have requested to be heard at

Council’s Ordinary Meeting of 6 July 2015 to be heard at that meeting; and

c. by recording that no submissions have been received; authorise further investigations to clarify the location of service authority assets

within the Council owned land known as 22 and 24 Peters Street Watsonia (subject land) together with the costs and/or options for the relocation, installation or retention of such assets.

2. Determine whether or not to proceed with the sale of the subject land at a

future meeting.

6.1


22 AND 24 PETERS STREET, WATSONIA - PROPOSED SALE OF LAND - HEARING OF SUBMISSIONS cont’d




CITY PLAN

This report is in line with Council’s City Plan key direction to “provide responsible financial management and business planning processes”.


In developing this report to Council, the subject matter has been considered to determine if it raises any human rights issues. In particular, whether the scope of any human right established by the Victorian Charter of Human Rights and Responsibilities is in any way limited, restricted or interfered with by the recommendations contained in this report. Section 20 of the Charter provides that “A person must not be deprived of his or her property other than in accordance with law”. It is considered that the subject matter does not raise any human rights issues. Council has the legislative power to sell land owned or vested in Council’s name. Prior to making any decision Council must invite, then hear and consider any submissions received in accordance with section 223 of the Act.

BACKGROUND

Council is the owner of the land known as 22 and 24 Peters Street, Watsonia (subject land). The subject land was compulsorily acquired in 1974 by the former Diamond Valley Council. The intent was to extend the adjacent A K Lines Reserve (Reserve) – assuming that all properties abutting the Reserve would also be acquired to facilitate this vision. Due to a range of other municipal priorities, the former Diamond Valley Council’s vision never fully came to fruition, with the subject land being the only properties acquired at that time. The subject land comprises two separate allotments, bounded by the Reserve to the rear and by residential properties to the north-east and south-west. (See plan in Figure 1.)

6.1




Figure 1: Locality Plan

Initial investigations revealed that the subject land was included in the Public Park and Recreation Zone (PPRZ). Consistent with the surrounding residential land, Planning Scheme Amendment C103 rezoned the subject land from (PPRZ) to General Residential Zone (GRZ). At its ordinary meeting on 23 March 2015 (CO2015/73) Council authorised the commencement of the statutory procedures, in accordance with section 189 of the Local Government Act 1989 (Act), to give public notice of Council’s intention to sell the subject land.

LEGAL CONSIDERATIONS

LOCAL GOVERNMENT ACT 1989 - STATUTORY PROCEDURES

Section 189 of the Act confers on Council the power to sell or exchange land, subject to complying with section 223 of the Act. Council must give public notice and invite submissions from the public before exercising such power.

Public notice of Council’s intention to sell the subject land was given in the “Diamond Valley Leader’ on 15 April 2015, with submissions on the proposal invited. The submission period closed at 5:00 pm on 13 May 2015. No submissions were received.

6.1




CURRENT SITUATION

This report provides an update to Council on the outcome of the giving of public notice. Ordinarily Council would now hear and consider any written submissions received in response to the public notice. In this instance no submissions were received. However, recent investigations have not been conclusive as to the location of some service authority assets. To date it has been identified that some of the assets traverse the subject land. These assets provide services to the Reserve and the pavilion, including:

Water supply;

Gas supply;

Sewer; and

Telecommunications. Details as to the location, together with the cost and/or options to either retain or relocate these services will be the subject of a report to Council in the future, prior to making any decision in relation to the sale. The purpose for extending the investigation is two-fold; firstly in order to comply with the disclosure obligations under section 32 of the Sale of Land Act 1962; and secondly in order to produce the best result, both financial and non-financial, for Council and the community. Therefore additional time is required in order to achieve these outcomes.

FINANCIAL CONSIDERATIONS

SUBDIVISION ACT 1988

If Council sells land deemed as public open space, to which section 20 of the Subdivision Act 1988 applies, the proceeds from any sale must be used to: a. buy land for use for public recreation or public resort, as parklands or for similar

purposes; or b. improve land already set aside, zoned or reserved (by the Council, the Crown,

a planning scheme or otherwise) for use for public recreation or public resort, as parklands or for similar purposes; or

c. improve land (whether set aside on a plan or not) used for public recreation and public resort, a parklands or for similar purposes, with the approval of the Minister administering the Local Government Act 1989.

Given that the subject land was previously PPRZ, any proceeds from the sale must be redirected to purchasing replacement open space or improvements to land set aside for open space.

DISCUSSION

The giving of public notice does not compel Council to sell the subject land. Council is merely complying with its statutory obligations under the Act to give public notice

6.1




and to hear and consider written submissions on such a proposal before deciding, at a future meeting of the Council, whether or not to sell the subject land.

CONCLUSION

The purpose of this report is for Council to consider any written submissions received and to hear from submitters who have made a written request to be heard before a meeting of the Council. No submissions were received. However, before Council considers whether or not to sell the subject land, further investigations, to clarify the location and extent of the service authority assets, should be completed. The proposal to present a further report to Council, together with the costs or options for the relocation, installation or retention of such assets, should be supported.

ATTACHMENTS

Nil

6.2



6.2 COUNCILLOR MOTIONS - STATUS UPDATE Author: Emily Outlaw - Council Governance Liaison Officer, Corporate Services

File: F2014/439

EXECUTIVE SUMMARY

Councillors wishing to raise a matter before Council currently have three options including: 1. Notice of Motion (Council report and forms part of the Agenda paper) 2. General Business 3. Urgent Business A Council resolution is required for both Notices of Motions (NOM) and Urgent Business items. The report includes a status of whether the item has been completed or in progress, a short explanation and if the item is scheduled to come back to Council for consideration. This report provides the current status of Councillor initiated motions.

RECOMMENDATION

That Council note the Councillor Motions Status Report.


Section 80C of the Local Government Act 1989 requires members of Council staff, and persons engaged under contract to provide advice to Council, to disclose any direct or indirect interest in a matter to which the advice relates. Council officers involved in the preparation of this report have no conflict of interest in this matter.

CITY PLAN

This report is in line with Council’s City Plan key direction to “enable good governance and accountability with minimal risk”.

BACKGROUND

Resolution (CO2013/17)

Council at its meeting on 4th February 2013 resolved the following Notice of Motion: “That

1. a report be submitted every two months at a Council meeting regarding the current status of Councillor initiated Motions.

2. This report to include:

date of approved motion;

6.2


COUNCILLOR MOTIONS - STATUS UPDATE cont’d


a summary of the motion;

action taken by officers regarding the motion and date of action taken. (this includes letters sent);

feedback regarding the motion.(particularly if referred to State or Federal MP’s).”

The latest status report is attached (Attachment 1). This report provides the status update of Councillor motions from the commencement of the new Council term (November 2012) to the 12 May 2015. The report includes a status of whether the item has been completed or in progress, a short explanation and if the item is scheduled to come back to Council for consideration. The Council recently resolved for the Councillor motions report to be presented to Council every three months to allow for better reporting.

ADVOCACY

Many of the Councillor generated motions relate to advocacy requesting to meet with our Local Members of Parliament or the relevant Minister to advocate on behalf of our Community. Some of these issues include road and transport matters and cost shifting from State and Federal Governments to Local Governments.

CURRENT SITUATION

Since commencement of the new Council term (November 2012) to the date of the attached report (12 May 2015) there have been 180 Notices of Motion submitted. Councillors currently raise matters in the Chamber via motions or statements. There are 3 options for Councillors to raise a matter before the Council: 1. Notice of Motion (Council report and forms part of the Agenda paper)

2. General Business

3. Urgent Business

A Council resolution is required for both Notices of Motions and Urgent Business items. Whilst General Business does not require a resolution of Council there may still be some action arising from this item and may be listed in this report. These items are generated by Councillors through the Council meeting process and often involve considerable investigation or deployment of resources the CEO will seek to prioritise the timeframe for a response to the NOM to ensure that they do not significantly impact on existing programmed workloads.

CONCLUSION

The latest status quarterly report is presented for noting.

6.2


COUNCILLOR MOTIONS - STATUS UPDATE cont’d


ATTACHMENTS

No. Title Page

1 Councillor Motions - Update Report 147

6.3



6.3 ASSEMBLY OF COUNCILLORS Author: Cindy Ho - Governance Officer, Corporate Services

File: F2015/337

EXECUTIVE SUMMARY

Under the Local Government Act 1989 an Assembly of Councillors is defined as:

A meeting of an advisory committee of the Council, if at least one Councillor is present or; A planned or scheduled meeting of at least half of the Councillors and one member of Council staff which considers matters that are intended or likely to be:

a) the subject of a decision of the Council or; b) subject to the exercise of a function, duty or power of the Council that has been

delegated to a person or committee. In accordance with Section 80A of the Local Government Act 1989 Council is required to report as soon as possible to an Ordinary Meeting of Council a record of any assemblies of Councillors held. Below is the latest listing of notified assemblies of Councillors held at Banyule City Council. RECORD OF ASSEMBLIES

1 Date of Assembly: 20 May 2015

Type of Meeting: Disability Inclusion Advisory Committee

Matters Considered: Council Presentations - Proposed changes to accessible parking at

Rosanna office/ pedestrian crossings on Beetham Parade.

- One Flintoff – new Council Offices, accessibility update

Disability Action Plan - Confirm time lines and process for new DAP Local Report Watch

Councillors Present: Craig Langdon Jenny Mulholland

Staff Present: Lisa Raywood – Manager Health & Aged Services Theonie Tacticos – Team Leader Community Planning Shawn Neilsen – Community & Social Planner Arun Chopra – Manager Capital Projects Kate Chapell – Coordinator Greensborough Office Project Ana Caicedo – Team Leader Traffic & Transport.

Others Present: Advisory Committee Members Nancy Sadka Simon Chong

6.3


ASSEMBLY OF COUNCILLORS cont’d


Louise Pearson Stephanie Krt Luke Nelson Jeff Walkley Janice Castledine Mick Hollman

Conflict of Interest: Nil

2 Date of Assembly: 11 June 2015

Type of Meeting: Banyule Multicultural Advisory Committee

Matters Considered: Business Arising

Review of information on website in different languages

Update on mapping of series to Asylum Seekers and Refugees

Update on Joint Council Statement on Asylum Seekers

New Business

Report on the Counter –Terrorism Laws and Policing Powers Community Forum

Multicultural Plan 2015/16 Proposed Budget

Racism. It Stops with Me – Proposed extension

Summary of survey on year one of the Committee

Refugee Week Emerging Advocacy Issues

Australian Government Proposed changes to Citizenship

Councillors Present: Steven Briffa

Craig Langdon Jenny Mulholland

Staff Present: Allison Beckwith – Director Community Programs Theonie Tacticos – Team Leader Community & Social Planning India Mortlock – Community & Social Planner

Others Present: Nil



Type of Meeting: Councillor Briefing

6.3




Matters Considered: Items on the Council Agenda for the Ordinary Meeting

of 22 June 2015 as listed below:

1.1 Amendment for new carport at 2/1 Della Torre Crescent, Ivanhoe (P352/2013)

2.1 Yulong Reserve - High Protective Fencing

4.1 Marshall Street, Ivanhoe - Proposed Children's Crossing

4.2 Amendment to Permit for a new Carport at 2/1 Della Torre Crescent, Ivanhoe (P352/2013)

4.3 Metropolitan Planning Levy and Planning Application Fees

4.4 Proposed Apartment Building at 13-17 Cartmell Street Heidelberg

5.1 Adoption of Banyule's City Plan 2013-2017 (Year 3)

6.1 Budget Declarations

6.2 Adoption of Budget for Period 1 July 2015 to 30 June 2016

6.3 45 Simms Road Montmorency - Proposed Licence - Land adjacent to Montmorency Secondary College

6.4 Commonwealth Financial Assistance Grants

6.5 Additional Paid Parking Locations

6.6 Summary of 2015 Banyule Community Satisfaction Survey Results

6.7 Community Chef - Offer of Additional Shares in Regional Kitchen

6.8 Councillor Report on Conferences Attendance

Councillors Present: Steven Briffa

Mark Di Pasquale Rick Garotti Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present: Simon McMillan – Chief Executive Officer Scott Walker – Director City Development Allison Beckwith – Director Community Programs Geoff Glynn – Director Assets & City Services Daniel Kollmorgen – Manager Transport, Sustainability & Municipal Laws Gina Burden – Acting Director Corporate Services

6.3




Emily Outlaw – Council Governance Liaison Officer Joel Elbourne – Manager, Urban Planning & Building Tania O’Reilly - Manager, Finance & Procurement

Others Present: Nil

Conflict of Interest: Cr Wayne Phillips declared a direct conflict of interest in the Council Agenda item 6.1 Budget Declarations. Cr Wayne Phillips left the assembly during the discussion of this item.



Matters Considered: Greensborough Urban Design and Landscape Guidelines

Councillors Present: Mark Di Pasquale Craig Langdon Tom Melican Jenny Mulholland Wayne Phillips

Staff Present: Allison Beckwith – Director Community Programs Geoff Glynn – Director Assets & City Services Joseph Tabacco – Acting Director City Development Joel Elbourne – Manager Urban Planning & Building Klover Apostola – Strategic Planning Officer

Others Present: David Klingberg (David Lock Associates) Julia Bell




Matters Considered: Warringal Cemetery – Draft Masterplan


Staff Present: Simon McMillan – Chief Executive Officer Allison Beckwith – Director Community Programs Geoff Glynn – Director Assets & City Services Joseph Tabacco – Acting Director City Development

6.3




Gina Burden – Acting Director Corporate Services Vivien Ferlaino – Coordinator Governance Roberta Colosimo – Coordinator Early Childhood Services

Others Present: Harmer Architecture - Philip Harmer - Ken Seakins



Type of Meeting: Confidential Councillor Briefing

Matters Considered: Contractual Matters


Staff Present: Simon McMillan – Chief Executive Officer Joseph Tabacco – Acting Director City Development Joel Elbourne – Manager Urban Planning & Building

Others Present: Nil




Matters Considered: - Notice of Motions (NOMs) – Consideration of future NOMs

- Briefing Notes - Multicultural Committee recommendations -


Staff Present: Simon McMillan – Chief Executive Officer

Others Present: Nil

Conflict of Interest: NIl

6.3




RECOMMENDATION

That the Assembly of Councillors report be received.

ATTACHMENTS

Nil

6.4



6.4 ITEMS FOR NOTING Author: Shawn Neilsen - Inclusion Access & Equity Social Planner, Community

Programs

File: F2015/167

RECOMMENDATION

That Council note the minutes of the following meeting; 1. The Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Advisory

Committee held on June 2, 2015.

2. The Disability Inclusion Advisory Committee held on May 20, 2015

The following Minutes or Reports are presented for noting: 1

.

Report/Committee Name: LGBTI Advisory Committee

Officer: India Mortlock

Brief explanation: The LGBTI Advisory Committee held its seventh meeting on Tuesday 2 June 2015 at the Tom Roberts room. The minutes from the meeting are in Attachment 1. The aim of the LGBTI Advisory Committee is to provide Council with advice and information on issues facing the LGBTI community and on the development and implementation of Council’s LGBTI Plan. Councillor Langdon chaired the meeting and Councillor Mulholland also attended the meeting. Six committee members attended the meeting. There were no recommendations for Council’s consideration from this meeting.

2.

Report/Committee Name: Disability Inclusion Advisory Committee

Officer: Shawn Neilsen

Brief explanation: The Disability and Inclusion Advisory Committee held its meeting on Wednesday 20 May, 2015 in meeting rooms 1 & 2 of Council Offices in Rosanna. The minutes from the meeting are in Attachment 2. The aim of the Disability and Inclusion Advisory Committee is to provide Council with advice and information on issues facing people with disabilities and their carers, and on the development and implementation of Council’s Disability Action Plan (DAP).

6.4


ITEMS FOR NOTING cont’d


ATTACHMENTS

Councillor Mulholland chaired the meeting and Councillor Langdon also attended the meeting. Eight committee members attended the meeting. There were no recommendations for Council’s consideration from this meeting.

No. Title Page

1 LGBTI Advisory Committee - Minutes June 2 2015 158

2 Disability Advisory Committee Meeting Minutes - 20 May 2015 162

7.1

Sealing of Documents


7.1 SEALING OF DOCUMENTS Author: Andrea Turville - Property Officer, City Development

Ward: Olympia

File: F2014/3160 x F2014/3161

RECOMMENDATION

That the Common Seal of Banyule City Council be affixed to the Lease Agreement between Banyule City Council and Bellfield Community Garden Inc for the lease of part of the land known as 96 Oriel Road, Bellfield for the term commencing 1 May 2015 and ending 31 December 2016.

The following documents require the affixing of the Common Seal of Council: 1

.

PARTY\PARTIES: Banyule City Council and Bellfield Community Garden Inc.

OFFICER: Andrea Turville FILE NUMBER: F2014/3160 x F2014/3161 DOCUMENT: Lease ADDRESS: 96 Oriel Road, Bellfield WARD: Olympia BRIEF EXPLANATION: Council is the owner of the land and improvements

known as 96 Oriel Road, Bellfield. The building is currently occupied by Bellfield Community Centre Inc and the Ivanhoe Maternal Child and Health Service. Part of the land adjacent to and along the north-western interface with the building, is proposed to be leased to Bellfield Community Garden Inc for use as a community garden. Council, as part of its 2014/2015 Capital Works Budget, allocated $40,000 towards the establishment of the community garden. A lease commencing 1 May 2015 and ending 31 December 2016 has been negotiated and prepared for execution. The proposal to enter into the Lease should be supported by Council ratifying the Lease and resolving to affix its common seal to the Lease.

ATTACHMENTS

Nil

8.1

Notice of Motion


8.1 OPEN SPACE AT 24 TRIST ST, WATSONIA Author: Cr Rick Garotti

Ward: Grimshaw

File: F2015/141

TAKE NOTICE that it is my intention to move:

“That Council:

1. Acknowledges the withdrawal of Planning Application (P1038/14) for the purpose of an Ambulance Station at 24 Trist Street, Watsonia by Ambulance Victoria.

2. Commits to work with Ambulance Victoria and local State Members to find an

alternative site for an Ambulance Station if this assistance is requested. 3. Write to the Department of Health and Human Services and the State

Government (Minister for Health and Ambulance Services) requesting that the land at 24 Trist Street, Watsonia be provided to Council so that it can continue to be provided as public open space.

4. Authorise for the Ward Councillor to write to residents in the surrounding area

informing them of this decision as well as confirming the withdrawal of planning permit application P1038/14.”

Explanation A recent planning permit application (P1038/14) has highlighted community concerns in relation to a parcel of land at 24 Trist Street, Watsonia. The land was previously owned by VicRoads and was recently transferred to the Department of Health and Human Services. Planning permission was sought to use and develop the site for the purpose of an Ambulance Station. Following public notification of the application and substantial community opposition to the proposal, the application was withdrawn on 23 June 2015. The community have enjoyed the use of this land as open space for over 20 years and Council has maintained the open space and equipment during this time which was installed by the former Shire of Diamond Valley. The land is zoned General Residential Zone (Schedule 2). It is not zoned for recreation purposes and is not formally recognised with a reserve status on title. Council could instigate a Planning Scheme Amendment to rezone the land to the Public Park and Recreation Zone, however, this would only be successful with the consent of the landowner. As such, Council should write to the Department of Health and Human Services and the State Government to request that the land at 24 Trist Street, Watsonia be provided to Council so that it can continue to be provided for public open space.

8.1

Notice of Motion

OPEN SPACE AT 24 TRIST ST, WATSONIA cont’d


CR RICK GAROTTI Grimshaw Ward

ATTACHMENTS

Nil

ATTACHMENTS

ORDINARY MEETING OF COUNCIL ON 6 JULY 2015

1.2 14 Ivanhoe Parade Ivanhoe - Proposed sale of land - Petition

Attachment 1 14 Ivanhoe Parade Ivanhoe - Frequently Asked Questions ............. 64

2.1 Performance measures associated with Council's membership to NORTH Link

Attachment 1 NORTH Link Submission to draft 2015/16 Council Budget .............. 67

2.2 2016 Early Childhood Sector Ratio Changes

Attachment 1 Planning District Capabilities ........................................................... 71

4.1 Economic Development Plan

Attachment 1 Draft Banyule Economic Development Plan 2015-2020 - July 2015 ................................................................................................ 73

Attachment 2 Draft Banyule EDP Action Plan 2015-2017 - July 2015 ................. 105

5.1 Aboriginal and Torres Strait Islander Advisory Committee - Appointment of members

Attachment 1 Aboriginal and Torres Strait Islander Advisory Committee - Terms of Reference ....................................................................... 117

5.2 Multicultural Advisory Committee - Recommendations Requiring Endorsement

Attachment 1 Banyule City Council Submission - Australian Citizenship Discussion Paper .......................................................................... 123

Attachment 2 Racism it stops with me, campaign variation agreement ............... 128

Attachment 3 Multicultural Advisory Committee - Minutes - 11 - 06 - 2015 .......... 130

Attachment 4 Your rights, your responsibility - Australian Citizenship Discussion Paper .......................................................................... 135

6.2 Councillor Motions - Status Update

Attachment 1 Councillor Motions - Update Report ............................................... 147

6.4 Items for Noting

Attachment 1 LGBTI Advisory Committee - Minutes June 2 2015 ....................... 158

Attachment 2 Disability Advisory Committee Meeting Minutes - 20 May 2015 .............................................................................................. 162

Att

ach

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1.2

Item: 1.2 Attachment 1: 14 Ivanhoe Parade Ivanhoe - Frequently Asked Questions


Att

ach

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2.1

Item: 2.1 Attachment 1: NORTH Link Submission to draft 2015/16 Council Budget


Att

ach

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2.2

Item: 2.2 Attachment 1: Planning District Capabilities


Planning districts

South Ward Management 2015 Capacity

2015 placements as at 2 June 2015

2016 enrolments as at 2 June 2015

2016 Capacity

Comments

East Ivanhoe Griffin KCM - KU 50 50 52 44 Discussed capacity with Cluster Manager, room space can allow for 29 children, however, staffing expenses are prohibitive to increase group size.

Fairy Hills Griffin KCM - TRY 72 65 68 66 Met with Cluster Manager, would like to continue offering three Funded 4 year old kindergarten groups of 22 children to accommodate ratio changes.

Heidelberg Griffin KCM - KU 75 74 80 66 Discussed capacity with Cluster Manager, will continue to offer three Funded 4 year old kindergarten groups of 22 children to accommodate ratio changes.

Ivanhoe Uniting Griffin KCM - Lentara

46 38 43 44 Discussed capacity with Cluster Manager, kindergarten have trailed a rotational model this year and will be going back to providing 2 groups of 22 in 2016 based on feedback from current families.

Totals 243 227 243 220

Central Ward Management 2015

Capacity 2015 placements as at 2 June 2015


2016 Capacity

Comments

Interlaken Ibbott KCM - ECMS 50 50 56 44 Met with Cluster Manager, will continue to offer two Funded 4 year old groups of 22 children to accommodate ratio changes.

Macleod Ibbott KCM - ECMS 76 76 95 66

Met with Cluster Manager, will continue offering three Funded 4 year old kindergarten groups of 22 children to accommodate ratio changes. Bordering kindergarten with Darebin - approximately 30% of enrolments are non-residents.

Viewbank Hawdon Committee 50 43 54 44 Met with Executive Committee members, kindergarten would continue to offer 2 groups for Funded 4 year old kindergarten with staffing expenses are prohibitive to increase group sizes.

Winston Hills Hawdon Committee 74 71 70 66 Met with Executive Committee members, kindergarten will continue to offer three Funded 4 year old kindergarten groups of 22 children to accommodate ratio changes.

Yallambie Park Bakewell KCM - ECMS 76 70 76 66 Met with Cluster Manager, will continue to offer three Funded 4 year old kindergarten groups of 22 children to accommodate ratio changes.

Totals 326 310 351 286

Montmorency Ward Management 2015



2016 Capacity

Comments

Briar Hill Beale Committee 36 34 35 29 Met with Executive Committee members, will continue a rotational model for 29 children for Funded 4 year old kindergarten.

Lower Plenty Hawdon Committee 27 27 32 28 Met with Executive Committee members, will introduce a rotational model for 28 children for Funded 4 year old kindergarten.

Panorama Heights

Hawdon Committee 54 54 67 66 Met with Committee President, kindergarten will increase overall capacity of three groups of 22 children to meet community demand and ratio changes in 2016.

Sherbourne Beale Committee 39 39 52 39 Met with Executive Committee members, will continue a rotational model for 39 children for Funded 4 year old kindergarten.

St Andrews Hawdon KCM - Lentara

28 24 18 22 Discussed capacity with Cluster Manager, will continue to offer one Funded 4 year old program of 22 children to meet ratio changes in 2016.

Totals 184 178 204 184

Att

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2.2

Item: 2.2 Attachment 1: Planning District Capabilities


North East Ward Management 2015



2016 Capacity

Comments

Apollo Parkways

Beale Committee 50 45 48 44 Met with Executive Committee members, kindergarten will continue to offer three Funded 4 year old kindergarten groups of 22 children to accommodate ratio changes.

Greenhills Beale Committee 36 33 41 50 Met with Executive Committee members, kindergarten will be increasing overall capacity to accommodate current staffing model and overall community needs.

St Helena Beale KCM - ECMS 50 44 44 44 Met with Cluster Manager, will continue to offer two Funded 4 year old kindergarten groups of 22 children to accommodate ratio changes. Bordering kindergarten with Nillumbik.

Wahroonga Beale Committee 28 26 28 29 Met with Executive Committee members, kindergarten will introduce a rotational model for 29 children for Funded 4 year old kindergarten.

Yandell Beale Committee 39 39 47 39 Discussed capacity with Committee Vice President, kindergarten will continue current rotational model for Funded 4 year old kindergarten. Kindergarten offers a Steiner program with 30% of enrolments being non-residents.

Totals 203 187 208 206

North West Ward Management 2015



2016 Capacity

Comments

Bundoora Grimshaw Committee 50 48 39 44 Discussed capacity with Committee President, kindergarten will continue to offer two Funded 4 year old groups for 22 children to meet ratio changes.

Delta Road Bakewell KCM - ECMS 25 15 19 22 Met with Cluster Manager, kindergarten will continue to offer one Funded 4 year old group for 22 children to meet ratio changes.

Grace Park Bakewell KCM - TRY 25 14 7 22 Met with Cluster Manager, kindergarten will continue to offer one Funded 4 year old group for 22 children to meet ratio changes.

Greensborough Bakewell Committee 50 49 56 50 Met with Executive Committee members, kindergarten will maintain overall capacity to accommodate current staffing model and overall community needs.

Warrawee Park Grimshaw KCM - TRY 49 46 31 44 Met with Cluster Manager, kindergarten will continue to offer two Funded 4 year old groups for 22 children to meet ratio changes.

Watsonia Grimshaw Committee 56 56 40 56 Met with Executive Committee members, kindergarten will be increasing overall capacity to accommodate current staffing model and overall community needs.

Watsonia North Grimshaw Committee 45 44 36 35 Met with Executive Committee members, kindergarten will continue to offer a rotational model for 35 children, maintaining to current capacity was prohibitive due to staffing expenses.

Totals 300 272 228 273

West Ward Management 2015



2016 Capacity

Comments

Audrey Brooks Olympia Council 56 51 15 44 Will continue to offer two groups of 22 children to accommodate ratio changes.

Olympic Village Olympia Council 58 46 26 66 Will offer two groups of 33 children due to the move to Olympic Village Hub.

Totals 114 97 41 110

Att

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4.1

Item: 4.1 Attachment 1: Draft Banyule Economic Development Plan 2015-2020 - July 2015


Att

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4.1

Item: 4.1 Attachment 2: Draft Banyule EDP Action Plan 2015-2017 - July 2015


Att

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5.1

Item: 5.1 Attachment 1: Aboriginal and Torres Strait Islander Advisory Committee - Terms of Reference


BANYULE CITY COUNCIL – ABORIGINAL AND TORRES STRAIT ISLANDER ADVISORY COMMITTEE

TERMS OF REFERENCE

Part One – Roles and Objectives Name: Banyule Aboriginal and Torres Strait Islander Advisory Committee (BATSIAC) Aim: The aim of BATSIAC is to provide Council with advice on Aboriginal and

Torres Strait Islander issues and on the implementation of Council’s Inclusion, Access and Equity Framework (IAEF) and Aboriginal and Torres Strait Islander Plan.

Key Objective:

The priority of the committee is to assist with the implementation of the Aboriginal and Torres Strait Islander Plan 2014-2017.

Additional Objectives:

Provide feedback and advice to Council on its policies, plans and services that impact Aboriginal and Torres Strait Islander communities

Consider and provide advice on key Government initiatives, programs and reviews

Advocate on behalf of Aboriginal and Torres Strait Islander communities

Consider funding and other opportunities as they may arise

Assist Council to promote Aboriginal and Torres Strait Islander histories and cultures within the Banyule municipality and beyond

Provide advice to Council with its communication, engagement and consultation with Aboriginal and Torres Strait Islander communities

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Item: 5.1 Attachment 1: Aboriginal and Torres Strait Islander Advisory Committee -

Terms of Reference


Part Two – Membership Membership: The BATSIAC membership will consist of up to 14 community members and will be made up of:

Councillor(s) and officers (additional to the 14 community members)

Aboriginal and Torres Strait Islander Residents

Representatives from community Organisations, agencies and service providers who have a focus on provision of services to Aboriginal and Torres Strait Islander communities in Banyule

A representative from Reconciliation Banyule

All BATSIAC community member positions are voluntary positions. Council will aim to ensure that members of the Committee reflect the diversity of the Banyule community including age, gender and role within the community. A representative from the Wurundjeri Tribe Lands and Compensation Heritage Council Incorporated will be appointed as a consultant to BATSIAC. The Wurundjeri Tribe appointed consultant representative will hold the dedicated 15th position on BATSIAC. Selection process: The selection committee will include the Manager Health, Ageing and Community Planning and the Community and Social Planning Team. The committee will assess the nominations against the selection criteria and recommend appointments to Council. Role of members (criteria): Advisory Committee members will be able to demonstrate:

Knowledge and understanding of the needs and issues affecting Aboriginal and Torres Strait Islander communities

An interest and involvement in local and/or broader Aboriginal and Torres Strait Islander community affairs, advocacy and networks

An interest and understanding of Local Government services and programs from an Aboriginal and Torres Strait Islander community perspective

The ability to contribute to the strategic development of Aboriginal and Torres Strait Islander policy at local government level

Direct links to the local Aboriginal and Torres Strait Islander community and/or organisations

Experience and/or understanding of the role of an advisory committee

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Terms of Appointment:

Appointments will be for a two year term

Expressions of Interest for membership will be advertised for a minimum of 14 days

Council will appoint a Councillor to Chair the meetings

Members completing a two year term may re-apply for a further two year term

The membership of the Committee will be reviewed as part of the on-going review and implementation of the IAEF and associated plans.

The operations of the Committee will be evaluated annually to ensure it continues to be effective and relevant.

Members are free to resign from BATSIAC at any time. Previous nominations may be considered to fill the vacancy. An Expression of Interest (EOI) process will be undertaken if there are no previous nominations that meet the criteria.

Meeting Frequency and Duration:

The BATSIAC will meet quarterly for a duration of 2 hours

It is expected that each member attend a minimum of 60% of all meetings

Role of Councillor:

To act as Chairperson of the BATSIAC

To be the link between Council and the BATSIAC

To table issues and concerns to Council on behalf of the BATSIAC

To nominate another Councillor to attend meetings in his/her absence Executive Support:

The Community and Social Planning Unit of Council will provide Executive support to BATSIAC.

Monitoring and reporting:

The minutes of BATSIAC meetings will be circulated to members via email for confirmation, and then placed on Council’s website for viewing.

All Committee minutes will be presented to Council for noting.

Recommendations and requests arising from BATSIAC meetings will be presented to Council for consideration. Where this occurs, the request will require the majority support of the committee members present. Responses to recommendations will be determined based on Council’s legislative role, stated commitments in Council’s Policies and Plans and budgetary processes.

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Terms of Reference


Evaluation and Review: An annual evaluation of BATSIAC will be carried out to identify successes, challenges and areas for improvement for the committee. The BATSIAC Terms of Reference and membership will be reviewed and evaluated on a bi - annual basis or as required for any significant changes. Reimbursement of expenses: Individual members of the Committee will be reimbursed for transport related costs they have incurred in participating in meetings and related activities. The consultant from Wurundjeri Tribe Lands and Compensation Heritage Council Incorporated will be paid a consulting fee. Supports to participate in the meetings Council will provide reasonable supports to participate in the meetings, such as note taker and equipment, which will be negotiated with the members as needed.

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Part Three – Accountability and Extent of Authority 3.1 Recommendations to Council BATSIAC members have an advisory role and do not hold any authority to make decisions or commitments on behalf of Council. Where the committee wishes to make recommendations to Council, a consensus of all members present will be sought. In the absence of such consensus, and provided there is a quorum of at least half of the members (apart from Councillor(s)/Chair and officer(s)) present at the meeting, the recommendation will be put to a vote with the majority recommendation being endorsed as the committee's. The consultant from the Wurundjeri Tribe Lands and Compensation Heritage Council Incorporated can exercise a vote. Council officers can never take part in the vote. In the event of a tie, the Chair may exercise a casting vote. It is up to the supporting officer to follow up on the Committee’s recommendation, including deciding on the most appropriate means to report back on it to Council or internal departments. The Committee does not have an operational role and may not direct Council staff in the performance of their duties. 3.2 Assembly of Councillors The BATSIAC is considered an Assembly of Councillors as defined under section S80A Local Government Act 1989 An assembly of Councillor form records

the names of all Councillors and members of Council staff attending;

the matters considered;

any conflict of interest disclosures made by a Councillor

Whether a Councillor who has disclosed a conflict of interest leaves the assembly as required by the Local Government Act .

The written record of an Assembly of Councillors as soon as practicable must be:

a) reported at an ordinary meeting of the Council; and b) incorporated in the minutes of that Council meeting

3.3 Conflicts of Interest Conflicts of Interest as defined by the Local Government Act S80A (3) Councillors: If a Councillor attending an Assembly of Councillors knows that a matter being considered by the Assembly is a matter, that if considered and decided by Council, the Councillor would have to disclose a conflict of interest, the Councillor must disclose to the Assembly that he or she has a conflict of interest and leave the Assembly whilst the matter is being considered.

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Terms of Reference


Staff: A staff member should declare a conflict of interest if providing advice on the matter to Council. 3.4 Conduct of Committee members Members will: • act honestly and treat others with respect. Failure to do so will be dealt with by the Chair as appropriate.

Exercise reasonable care and diligence.

Not make improper use of their position or make improper use of information acquired because of their position.

Where there is a requirement for confidentiality, this is to be noted in the minutes if the matter arises during a meeting, or made clear to members if arising in communication outside of a meeting (e.g. provision of a draft policy ahead of a meeting, for discussion and feedback at the meeting), and addressed accordingly. Members of the Committee are not authorised to speak to the media or make public statements on behalf of the Committee (and much less Council), unless the member is a Councillor. In that case, any engagement with the media will be in accordance with Council’s standard media and communications policy. Members are authorised to disclose general information such as objectives of the Committee, membership procedures, list of activities and information in regard to any issues that have already been previously dealt with and approved in the Committee's discussions.

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Item: 5.2 Attachment 1: Banyule City Council Submission - Australian Citizenship Discussion Paper


Australian Citizenship – Your Right, Your Responsibility

Submission to the Commonwealth Department of Immigration and

Border Protection

July 2015

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Item: 5.2 Attachment 1: Banyule City Council Submission - Australian Citizenship

Discussion Paper


Introduction

Banyule City Council (hereafter Council) is pleased to make this submission on behalf of the Banyule

community to the Commonwealth Department of Immigration and Border Protection in response

to the discussion paper ‘Australian Citizenship – Your Right, Your Responsibility’.

Council regularly advocates on behalf of the community on issues which it deems important, in line

with its City Plan, Key Direction 4.3 Advocate on behalf of the Community. Council recognises that

the issues raised in the Government’s discussion paper on Australian Citizen have significant impacts

for our local community.

Our Community

Banyule is a diverse community of more than 124,000 residents from over 50 countries. It is located

between 7 and 21 kilometres north-east of central Melbourne and is made up of 21 suburbs.

Council agrees with the Government’s statements that Australian Citizenship is a privilege and one

that carries obligations to obey Australian laws. Council is responsible for conducting citizenship

ceremonies for residents within the municipality. During the citizenship ceremonies, it is clear that

the day holds great significance for people receiving citizenship; becoming an Australian citizen

provides a sense of security and opportunity and provides Council an opportunity to welcome

permanent residents.

In preparing this submission Council has consulted with its Multicultural Advisory Committee, which

comprises representatives from culturally and linguistically diverse (CALD) and faith communities

within Banyule and from service organizations that work with CALD communities. Unfortunately,

due to the short timeframes, Council was unable to consult more broadly with the community.

This submission will address two aspects of the discussion paper: the citizenship eligibility test and

the revocation of citizenship for dual nationals. The submission concludes by emphasizing the

importance of countering the threat of terrorism by working in partnership with the whole

community.

Citizenship Eligibility, Test and Pledge

Council is concerned about changes to English language requirements for ‘citizenship’ suggested in

the discussion paper due to the lack of detail provided about the proposed changes. Council

recognises that acquisition of English language through adult education tuition is a complex area and

is often contested among service providers. In addition to more information about the proposed

changes, greater consultation with education providers and community organisations is critical in

understanding the barriers to learning and the resource limitations that impact on the English

language proficiency of new arrivals.

While Council agrees that the English language criteria for citizenship could be strengthened, it is

essential that migrant and refugee people from linguistically diverse backgrounds settling in Australia

have access to ongoing and comprehensive English language tuition in their local communities.

Banyule-based adult education providers, such as neighbourhood houses, have experienced

significant funding cuts to language services for new arrivals. At the same time, these education

providers have experienced funding cuts to community-based teaching and learning programs,

reducing the capacity of adult education providers to meet ongoing needs.

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The scale and complexity of the issues of English language skill development and functional literacy in

Australia is of concern to Council. The Australian Bureau of Statistics 2006 Adult Literacy and Life

Skills Survey (ALLS) revealed that Australian language, literacy and numeracy levels have shown little

improvement in the decade since the 1996 International Adult Literacy Survey (IALS).

The 2006 Adult Literacy and Life Skills Survey (ALLS) found that:

Approximately 7 million Australian adults (46 per cent) had literacy scores below the

minimum level needed to function fully in life and work;

Approximately 7.9 million (53 per cent) had numeracy scores below the minimum needed.

These statistics reflect the abilities of Australian citizens engaged in employment. It is anticipated

that the need to support new arrivals, who are navigating Australian services and employment

systems (including citizenship), is far greater. A significant increase in funding, and reforms to

improve the effectiveness of adult education sector, is required to support all Australians with

language, literacy and numeracy skills.

Recommendation 1:

Council recommends that any changes to the requirements for English language testing be

communicated in greater detail to allow for further consultation and response.

Recommendation 2:

Council recommends that any changes to the requirements for English language testing

correspond with a review of the funding and support for English language tuition.

Revocation of Citizenship for dual nationals engaged in Terrorism

Based in Victoria, the rights of Banyule residents are protected by the Victorian Charter of Human

Rights and Responsibilities (the Charter). The discussion paper contemplates amending the

Australian Citizenship Act (the Act) to give the Minister for Immigration and Border Protection

(hereafter the Minister) the power to revoke the Australian citizenship of dual citizens who engage

in terrorism, regardless of conviction. If adopted, the proposed changes to the Act will have

potential to limit the rights, freedoms and responsibilities shared by Victorians that are protected by

state law.

Council believes that it is the role of the criminal justice system, not elected officials, to punish

people for wrongdoing. We believe that the new laws will limit Section 24 of the Charter – the

Right to a fair hearing – and prevent people from the right to judicial proceedings decided by a

competent, independent an impartial court. Without the right to a fair hearing, the new laws will

also limit Section 25 of the Charter- Rights in criminal process, reducing the minimum guarantees

afforded to Victorians, such as the right to be told the charges against them in a language they

understand, and the right to prepare their own case and talk to a lawyer or apply for legal aid.

Council notes that the Australian Human Rights Commission has expressed concern about this

measure citing the ‘decision would be made based on suspicion rather than the presentation of

evidence in a court… the decision to revoke citizenship should be based on an evidence-based

determination by a judge according to established rules of evidence and law.’1

1 Triggs, G 2015 ‘Freedom, Parliament and the Courts. Speech to the Human Rights Dinner’ (Accessed 19 June

2015). Available from: https://www.humanrights.gov.au/news/speeches/freedom-parliament-and-courts-speech-human-rights-dinner

https://www.humanrights.gov.au/news/speeches/freedom-parliament-and-courts-speech-human-rights-dinner

https://www.humanrights.gov.au/news/speeches/freedom-parliament-and-courts-speech-human-rights-dinner

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Item: 5.2 Attachment 1: Banyule City Council Submission - Australian Citizenship

Discussion Paper


It is therefore the view of Council that the proposed changes will not strengthen the value placed on

Australian citizenship but instead limit citizen’s rights and responsibilities by relying on ministerial

discretion. Additionally Council is concerned that the ‘value’ of Citizenship could be denigrated if it

is a status that can be revoked outside of the judicial process.

Recommendation 3:

In line with the Australian Human Rights Commission’s position, Council recommends that

the decision to revoke citizenship should occur through a judicial process, not the Minister.

Focus on Dual Citizens

As outlined in the discussion paper, dual citizenship strengthens Australia’s social and economic

fabric. Australian citizens living in Banyule are also citizens of other countries. Dual citizenship gives

people more freedom to move in an increasingly globalised world. This also benefits Banyule

residents with family members living overseas.

However, dual citizenship is complex, and the rules and laws regarding citizenship vary from one

country to the next. Dual citizenship also entails dual responsibilities to both countries.

Obligations, such as military service, could trigger proceedings to revoke Australian citizenship if the

proposed changes to legislation are adopted. People could be made to feel insecure and

apprehensive if they leave Australia, or remain away too long. Council is of the view that the

proposed new laws are likely to diminish dual citizen’s commitment to Australian Citizenship rather

than strengthen it.

Countering the threat of terrorism through working in partnership

with the community

Council’s Multicultural Advisory Committee has expressed concern that people who are most at

risk of being radicalized are those who feel isolated and unable to participate in the social, cultural

and economic aspects of the community.

Council is aware that some members of the Muslim community in Banyule feel they will be targeted

by the proposed changes to citizenship outlined in the discussion paper. Council is concerned that if

people feel targeted and are fearful of the new laws then they may feel isolated which, in turn will

make them more vulnerable to radicalization.

Changes to policy of this kind require meaningful and in-depth consultation with the community

before implementation. It is also essential that there be widespread community education about the

proposed changes and what they will mean. These two steps will assist in building trust between the

community and Government about the proposed changes to citizenship and how the power to

revoke citizenship might be exercised.

Finally, it is important that the community and law enforcement build trust in working together. A

good example of this collaboration was a community forum organized by members of Banyule’s

Somali speaking community, in partnership with the Youth Law, and the Victorian and Federal Police,

to discuss the new anti-terrorism laws and policing powers. The forum was organized in response to

increasing reports by Somali community members, of being questioned by the police and ASIO.

If you would like further information or to discuss the recommendations from this forum please

contact:

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Dr Hussein Haraco Secretary Somali Australian Council of Victoria, phone: 0408 030 181 email:

[email protected]

Recommendation 4:

Council recommends that stronger and ongoing community engagement be used as an

important strategy to respond to concerns around radicalisation. Provision of funding at a

local government level would assist the facilitation of information sharing and building

community awareness.

Recommendation 5:

Council recommends that any proposed policy changes relating to citizenship involve

meaningful consultation with community leaders and that there be widespread community

education about any proposed changes and there implementation.

Should you wish to discuss any of the recommendations discussed in this submission

please contact Banyule City Council’s Community and Social Planning Unit

on (03) 9490 4222, or email [email protected]

mailto:[email protected]

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Item: 5.2 Attachment 2: Racism it stops with me, campaign variation agreement


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Item: 5.2 Attachment 3: Multicultural Advisory Committee - Minutes - 11 - 06 - 2015


Banyule Multicultural Advisory Committee (BMAC): Minutes from committee meeting 11/06/15

Council Chambers – Ivanhoe Town Hall

1. Attendances & Apologies Attendees: Cr Steven Briffa (Chairperson), Cr Craig Langdon, Cr Jenny Mulholland, Albert Fatileh,

Beverley Moss, George Giuliani, Hussein Haraco, Simeon Yang, Essan Dilleri, Rosemary

Crosthwaite, Theonie Tacticos, India Mortlock, Allison Beckwith

Apologies: Cr Mark Di Pasquale, Maxine Matthews, Mick Geary, Kirsten Slifirski, Ryoko Williams, Abdirizak Mohamed, Jane Grace, Gillian Hirst, Uma Vijay 2. Welcome and Minutes of previous meeting Cr Briffa formally opened the meeting and the apologies were noted. Cr Langdon updated the Committee that Cr Garotti has resigned as Chair of the Multicultural Advisory Committee due to work obligations. Cr Di Pasquale has been nominated to chair the meetings and Cr Briffa is the substitute delegate. The minutes of the previous meeting were emailed on Monday 27 April, adopted on Thursday 30 April and posted on the website. The minutes went to Council on Monday 11 May for noting. There were no recommendations from this meeting. 3. Business Arising 3.1 Update on review of information on website in different languages At the previous meeting on 16 April, the Committee looked at the series of fact sheets on Council’s website which are available in different languages and provided advice. Council officers took on board the comments of the Committee and are going to start by first revising the fact sheet on waste management and this will then be translated into community languages. 3.2 Update on mapping of services to Asylum Seekers and Refugees Council officers updated the Committee that the mapping of services to Asylum Seekers and Refugees in Banyule has been completed. The list of services will be made available on Council’s website and sent out to local services. The Committee recommended that Council consider making the list of services available in different languages. Committee members were asked to send through any places that they think the list of services should be circulated to.

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3.3 Update on Joint Council Statement on Asylum Seekers Council officers updated the Committee about the progress of the Joint Statement on Asylum Seekers living in the Community which came out of a forum hosted by the City of Greater Dandenong in August 2014. Banyule City Council signed the statement, along with 16 other Councils. Councillors from the City of Greater Dandenong presented the Joint Statement to Senator The Hon. Mitch Fifield on Thursday 11 June 2015. 4. New Business 4.1 Report on the Counter-Terrorism Laws and Policing Powers Community Forum Mahad Abdirahman from the Somali Australian Council of Victoria presented a report to the committee about the Counter-Terrorism Laws and Policing Powers Forum on Friday 15 May. The Forum was developed in response to increased reports by Somali community members of being questioned by the police and ASIO, and also growing concerns about the radicalisation of local young people who are disengaged from employment and education. The forum was targeted at the Somali community and about 200 people attended, including local Imams and representatives from the police. The main findings coming out of the forum were:

- People at risk of being radicalised are those that are isolated - There are not enough resources around employment and training - There is a lack of understanding of what terms such as radicalisation and

fundamentalism mean in a law enforcement context and this is leading to confusion and misunderstanding. In a religious context these terms can mean different things.

A series of follow up training sessions will be planned to address the recommendations that came out of the forum. The committee discussed that it is important that the broader community be involved in the discussion around counter-terrorism and radicalisation as it is not an issue that affects just one community. 4.2 Multicultural Plan 2015/16 – Proposed Budget The committee reviewed the proposed budget for implementing the 2015/16 Multicultural Plan. Council has a budget of $8,000 to implement specific actions within the plan. The budget has been allocated to:

- Support activities for Cultural Diversity Week in March 2016 - Support activities for Refugee Week in June 2016 - To support the operation of the Committee - To cover the design and printing of the scorecard for the Multicultural Plan

A small amount has also been reserved to respond to an emerging issue or project idea. It was noted that there are many services and programs for multicultural communities in Banyule that are not part of this budget. This budget is only for activities associated with the Multicultural Plan.

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4.3 Racism. It Stops With Me – proposed extension Council officers updated the Committee that the Australian Human Rights Commission has extended the end date of the ‘Racism. It Stops With Me’ campaign. The campaign was scheduled to end on 30 June 2015 but will now be ongoing. If Council wants to continue being a supporter of the Campaign it will need to sign onto a variation agreement which extends the terms of the original agreement until the campaign comes to an end. The Committee recommended that Council re-sign the supporter agreement and at a future meeting consider what activities Council can do. The Committee recommended that Council officers look at what Darebin Council has done and discuss this at the next meeting. 4.4 Summary of survey on year one of the Committee Council officers reported that they had conducted a survey of Committee members. In line with the Committee terms of reference, the aim of the survey was to identify successes, challenges and areas for improvement for the committee. Only 5 out of 15 committee members completed the survey so the results are not conclusive. Committee members who were unable to complete the survey were asked to do so and the results will be reported at the next meeting. The Committee discussed the timing and frequency of the meeting and agreed to leave the frequency at bi monthly. 4.5 Refugee Week – 14-20 June Council officers updated the Committee that Council would mark Refugee Week by showing a short song and video clip by Greg Holden called the ‘The Lost Boy’ before the Council Meeting on 22 June. The clip tells the story of a Sudanese refugee. The Committee suggested that next year Council should distribute posters and resources from the Refugee Council of Australia out to schools and libraries. Council should also ensure that Refugee Week is included in the Banyule Calendar. There was also a suggestion to share stories of individuals who have arrived to Australia as refugees at the annual Volunteer Awards ceremony and through local radio.

Action: Complete the survey about the Multicultural Advisory Committee Responsibility: Committee Members

Action: That Council consider signing a variation agreement to continue its support of the ‘Racism. It Stops With Me’ campaign Responsibility: Council

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5. Emerging Advocacy Issues The Committee discussed the Australian Government’s proposed changes to citizenship. The changes include giving the Minister for Immigration the power to revoke the Australian citizenship of dual citizens who engage in terrorism. The Government is currently taking submissions on the proposed changes. Some committee members who are part of the Muslim community or who work with the Muslim community noted that the Muslim community is very concerned about the proposed changes. The Committee also commented that the proposed reform undermines the democratic principle of separating power between the courts and the Parliament. The Committee felt that the judicial system should make the decision on someone’s citizenship, not a Minister. The Committee recommended that Council make a submission, reflecting the ideas of the Committee. Committee members were asked to send through any input to Council officers. A representative from E Focus discussed that the Federal Government has made $22 million in funding available for refugee and vulnerable migrant youth to build skills and confidence to participate in education or work. E Focus will lead a partnership with other local organisations to make a submission for part of this funding. Local organisations interested in being part of this submission should get in touch with E Focus. 6. Thank you and next meeting The meeting was officially closed. The next meeting will be held on 6 August 2015.

Action: That Council consider making a submission to the Australian Government regarding proposed changes to Citizenship and that Committee members send through comments Responsibility: Council and committee members

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Banyule Multicultural Advisory Committee – Action Progress Sheet – 11 June 2015

Note: The actions in the Action Progress Sheet have come out of the Committee meetings.

They are in addition to the actions being progressed through the Multicultural Plan.

Item: Action Required: Responsibility Status

Partnership with Islamic Museum of

Australia

Hold a future meeting of the Multicultural Advisory Committee

at the Islamic Museum of Australia

Council Officer In progress

Celebration of

Indian Festivals

In consultation with the Indian

community, consider which Indian

festivals to celebrate.


Statement of

support for

refugees and

asylum seekers

Finalise the statement and display it

at Council service centres

Council officer In progress

‘Racism. It Stops

With Me’

campaign

That Council consider signing a

variation agreement to continue its

support of the Racism. It Stops

With Me campaign


Committee Survey Complete the survey about the

Multicultural Advisory Committee

Committee

Members

In progress

Submission about

Citizenship

That Council consider a submission

to the Australian Government

regarding proposed changes to

Citizenship and that Committee

members send through comments

to Council Officers

Council

Officers and

Councillors and

Committee

Members

In progress

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Item: 5.2 Attachment 4: Your rights, your responsibility - Australian Citizenship Discussion Paper


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Item: 5.2 Attachment 4: Your rights, your responsibility - Australian Citizenship Discussion

Paper


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