Council
Meeting
on
Monday 12 February 2024 at 7.00pm
Held in the
Council Chamber
Nunawading Civic Centre
Meeting opened at 7.00pm
Present: Cr Denise Massoud Mayor
Cr Andrew Davenport Deputy
Mayor
Cr
Blair Barker
Cr
Prue Cutts
Cr Mark
Lane
Cr
Tina Liu
Cr
Amanda McNeill
Cr
Andrew Munroe
Cr
Trudy Skilbeck
Cr
Ben Stennett
Officers: Simon
McMillan Chief
Executive Officer
Stuart Cann Director
Corporate Services
Jeff Green Director
City Development
Lisa Letic Director
Community Services
Siobhan Sullivan Executive
Manager Transformation
Steven White Director
Infrastructure
Vivien Ferlaino Manager
Governance and Integrity
Fran Nolan Manager
Strategic Marketing and Communications
Kerryn Woods Coordinator
Governance
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Recording of Meeting and Disclaimer
Please note every Council Meeting (other than items deemed
confidential under section 3 (1) of the Local Government Act 2020) is
being recorded and streamed live on Whitehorse City Council’s website
in accordance with Council's Live Streaming and Recording of Meetings Policy.
A copy of the policy can also be viewed on Council’s website.
The recording will be archived and
made publicly available on Council's website within 48 hours after the
meeting on www.whitehorse.vic.gov.au for a period of three years (or as
otherwise agreed to by Council).
Live streaming allows everyone to
watch and listen to the meeting in real time, giving you greater access to
Council debate and decision making and encouraging openness and transparency.
All care is taken to maintain your privacy; however, as a
visitor in the public gallery, your presence may be recorded. By remaining in
the public gallery, it is understood your consent is given if your image is
inadvertently broadcast.
Opinions expressed or
statements made by individual persons during a meeting are not the opinions
or statements of Whitehorse City Council. Council therefore accepts no
liability for any defamatory remarks that are made during a meeting.
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1 Welcome
Prayer for Council
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We give
thanks, O God, for the Men and Women of the past whose generous devotion to
the common good has been the making of our City.
Grant
that our own generation may build worthily on the foundations they have laid.
Direct
our minds that all we plan and determine, is for the wellbeing of our City.
Amen.
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Acknowledgement of Country
|
Whitehorse City Council
acknowledges the Wurundjeri Woi-wurrung people of the Kulin Nation as the Traditional
Owners of the land we are meeting on and we pay our respects to their Elders
past, present and emerging and Aboriginal and Torres Strait Islanders from
communities who may be present today.
|
2 Apologies
Cr Carr was an apology at
the meeting.
Cr Davenport sought a leave
of absence for the Council meeting to be held on 26 February 2024.
|
Council Resolution
Moved
by Cr Davenport, Seconded by Cr Barker
That
Council grants a leave of absence for Cr Davenport for the Council meeting to
be held on 26 February 2024
Carried Unanimously
|
3 Disclosure
of Conflicts of Interest
Nil
4 Confirmation
of Minutes of Previous Meeting
Minutes of the Council Meeting 11 December 2023
5 Urgent
Business
Nil
6 Public
Presentations
6.1 B
Haines, Blackburn North – Item 8.1
Mahoneys Reserve Draft Master Plan – Northern
Pavilion
6.2 N
Young, Blackburn – Item 8.1
Mahoneys Reserve Draft Master Plan – Northern Pavilion
Additional
Speaker
B. Harvey, Mont Albert – Item
8.2
Traffic Safety Assessment – Hamilton Street, Mont Albert
7 Public Question Time
A Hanrahan, Forest Hill read
out the following question:
‘Why was the letter of
notification of Mahoney’s Reserve Master Plan written on 1/12/23 not
received until after the meeting had been held. Shouldn’t the Council
allow a minimum of 3 weeks prior, because I received notification on the 11th
when the meeting was conducted on the 9th’.
The question was taken on notice.
8 Petitions
and Joint Letters
8.1 Traffic
Safety Assessment - Hamilton Street, Mont Albert
Summary
1. A petition requesting that Council
undertake a safety risk assessment of Hamilton Street, Mont Albert, has been
received and signed by 20 signatories in support.
2. The petition
request is as follows:
“We,
the undersigned, request that Council urgently undertake a safety risk
assessment of Hamilton Stret, Mont Albert, involving Mont Albert resident
safety professionals, with the intention of generating a Worksafe Victoria
acceptable assessment report to inform Council’s consideration of making
Hamilton Street one way as a traffic safety critical risk mitigation strategy.”
8.2 Mahoneys Reserve Draft Master Plan - Northern
Pavilion
1. Three petitions requesting
that Council stop current plans to demolish the Northern Pavilion at
Mahoney’s Reserve, have been received and signed by a total of 326
signatories in support.
2. The
petition requests are as follows (two petitions contain identical request
wording):
“We, the undersigned, have been playing regularly
each week at the Mahoney’s Reserve Northern Pavilion over many years. The
Pavilion has long been a hub for table tennis and badminton enthusiasts. Its
unique design and facilities, especially the high ceiling, making it possible
for these sports. However, we understand there are plans to demolish it and
replace it with a pavilion for cricket, soccer and scouting having an
unsuitably low ceiling height.
Badminton and table tennis are more than just games, they
are community builders and an essential part of our local culture. As the City
of Whitehorse grows its Asian community, many Asian residents of Whitehorse use
the Pavilion at Mahoney’s Reserve as their primary venue for badminton
and table tennis – two sports familiar to them.
The demolition of this facility would not only disrupt
these activities but also displace our community members who have found
camaraderie and joy in playing these indoor racquet sports here. We believe
that any decisions about such important community assets should be made with
full transparency and consideration for those who use them most. There are over
260 badminton and table tennis players using the pavilion each week.
We urge you to reconsider the proposed demolition of the
Pavilion if its replacement has a low ceiling in the court area. Instead, lets
work together to preserve this space for future generations of table tennis and
badminton players in the City of Whitehorse.”
-----------------------------------------------------------------------------------
“The redevelopment of the Mahoneys Reserve will have
important consequences for the Eastern Suburbs and Churches Table Tennis
Association.
The proposed new pavilion will not be suitable for Table
Tennis as the ceiling height of the new pavilion will be well below the
required ceiling height of 5 metres for Table Tennis.
While the City of Whitehorse is going to conduct a Table
Tennis Feasibility Study during 2024 we understand that a Table Tennis Venue
may not be built before the demolition of the current Pavilion, or even not at
all.
In the meantime, if the current pavilion is pulled down, at
least 264 Table Tennis players will be without a suitable venue until a Table
Tennis Venue is constructed, which may be years away or may not eventuate.
We ask that the Table Tennis Feasibility Study be
undertaken before any action is taken on the Mahoneys Reserve redevelopment.
That way a new dedicated Table Tennis Venue could be constructed before the
current Mahoneys Reserve pavilion is demolished. If the council decides against
constructing a Table Tennis Venue, then Table Tennis should be considered as a
tenant and the needs of Table Tennis included in the design of the new pavilion
to be built at Mahoneys Reserve.”
9 Notices
of Motion
Nil
10 Council
Reports
10.1 Proposed
Land Transactions Box Hill
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Department
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Property and Leasing
Director City Development
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SUMMARY
Council resolved at its 11 December 2023 meeting to facilitate the
provision of one hectare of replacement open space in Box Hill, to support
undertaking community engagement regarding the land transactions proposed by
the Suburban Rail Loop Authority.
The Local Government Act 2020 places statutory obligations on all Victorian councils and these
obligations compel Council to undertake prescribed statutory processes.
This report seeks to authorise the manager of Council’s
Property & Leasing Department to commence the statutory processes required
under Sections 112 & 114 of the Local Government
Act 2020.
Upon completion of the statutory processes Council Officers will
prepare a report for Council’s consideration in respect of the proposed
land transactions.
Key Matters
At its
meeting held on 11 December 2023, to facilitate the provision of one hectare of
replacement open space in Box Hill, Council resolved to support undertaking
community engagement regarding the land transactions proposed by the Suburban
Rail Loop Authority (SRLA).
In
reference to land transactions the Local Government Act 2020 (the LGA 2020)
places statutory obligations on all Victorian councils and these obligations
compel Council to undertake prescribed statutory processes.
The
statutory processes required under Sections 112 & 114 of the LGA 2020
include community engagement in accordance with Council’s Community
Engagement Policy regarding the proposed transaction.
Additional
statutory processes required under Sections 112 &
114 of the LGA 2020 are: the publication of a public notice, and
independent property valuations.
Council
needs to undertake the statutory process itself; the statutory process cannot
be blended with community engagement undertaken by the SRLA.
Broader
community engagement undertaken in conjunction with SRLA regarding the
replacement open space can be undertaken in parallel with the statutory process
and can also reference the proposed land transactions being proposed by the
SRLA.
However,
a blended community engagement will not constitute compliance with Sections 112
& 114 of the LGA 2020.
Council
needs to ensure that the statutory processes undertaken in accordance with
Sections 112 & 114 of the LGA 2020 are independent and genuine.
Upon
completion of the statutory processes Council Officers will prepare a report
for Council’s consideration in respect of the proposed land transactions.
It is
envisaged that the Council report for Council’s consideration will be
presented to Council at its meeting on Monday 29 April 2024.
Strategic AlignmentS
Strategic
Direction 4:
A built
environment that encourages movement with high quality public places.
Objective:
Council will plan, build, renew and maintain community assets and public spaces
to meet community needs. We will plan for and facilitate appropriate land use
and high quality development outcomes.
Strategic Direction 6:
An empowered collaborative
community.
Objective: Council will engage with
the community and provide opportunities to be included in decision-making
processes.
Policy
Components
of the statutory processes required under Sections 112
& 114 of the LGA 2020 reference Council’s Community Engagement
Policy.
background
In late
2023 Council were asked to consider a formal proposal from the SRLA to create
new public open space in Box Hill.
At its
meeting of 11 December 2023 Council authorised the Whitehorse City Council
Chief Executive Officer to write to the SRLA Chief Executive Officer advising
of Council’s support to go to community consultation on the proposal to
transfer ownership of 10-12 Watts Street, Box Hill and 11 Court Street, Box
Hill in exchange for 528 Station Street Box Hill.
It is
important to note that community consultation is a component of Council’s
statutory obligations when proposing to complete land transactions; with the
other components being the publication of a public notice and procuring
independent property valuations and ensuring that these property valuations are
no older than six months.
As
advised by the SRLA, from 2026 the SRLA will be occupying up to one quarter of
Box Hill Gardens to support the construction of the Suburban Rail Loop (SRL)
Box Hill Station.
The SRL
Public Open Space Framework requires SRLA to provide at least one hectare
(10,000m2) of new public open space within 1.6 kilometres of the SRL
Box Hill Station for the duration of the occupation of Box Hill Gardens (until
approximately 2035).
This new
public open space needs to be delivered prior to the commencement of SRLA
construction activities within Box Hill Gardens.
In
addition to the land transactions mentioned above, to enable the SRLA to
provide the required one hectare, additional sites
are also proposed to be converted into public open space. These sites do not
form part of the “back-to-back” transaction proposed by SRLA. As
such, these sites are not included in statutory processes required under
Sections 112 & 114 of the LGA 2020. However, these two sites will be
included in the broader community engagement being proposed by the SRLA.
Discussion and Options
As
Council has resolved to support undertaking community engagement regarding the
land transactions proposed by the SRLA. Council needs to commence
statutory processes required under Sections 112 & 114 of the LGA
2020. There is no alternative option other than following prescribed
processes.
To enable Council to make a fully informed decision regarding the
proposed land transactions outlined above Council will be completing the
following statutory procedures:
· Publish public notices advertising Council’s Intention to Sell
Land and Purchase Land.
· Complete one month of participatory engagement (Consult) for both
the proposed sale and proposed purchase transactions.
· Obtain independent property valuations for the proposed sale and
proposed purchase transactions.
Upon completion of the statutory processes mentioned above, Council
Officers will prepare a report for Council’s consideration in respect of
the proposed land transactions.
It is envisaged that this report will be considered by Council at
its meeting of Monday 29 April 2024.
SUPPORTING REPORT DETAILS
Legislative and Risk Implications
The Victorian Government Land Transaction Policy (VGLTP),
published in April 2022, is the overarching policy that ensures that state
government agencies adhere to the highest standards of behaviour when
undertaking land transactions.
Section 6 of the VGLTP outlines that state governments
agencies must not undertake a land transaction that involves the exchange of
land.
The VGLTP suggests that state government agencies can
generally achieve an outcome similar to a land exchange, by selling and
purchasing land in separate “back-to-back”
transactions.
Separate ‘back-to-back’ transactions involve the
selling and purchasing (individual contracts of sale with concurrent settlement
dates) by the State Government in separate transactions that have the same
settlement date.
Legal advice provided by Maddocks Lawyers on 8 December 2023
confirmed that “back-to-back” transactions require Council to
comply with the statutory obligations contained within Sections 112 & 114
of the LGA 2020.
Completing the statutory obligations contained
within Sections 112 & 114 of the LGA 2020 ensures
that there are no legal or risk implications arising from the recommendation
contained in this report.
Equity, Inclusion, and Human
Rights Considerations
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 Act 2006.
By undertaking the community engagement Council is
recognising every individual’s right to express their opinion regarding
the proposed land transactions between Council and the SRLA.
Community Engagement
This
report seeks permission to commence the statutory processes required under
Sections 112 & 114 of the LGA 2020; with these statutory processes
including community engagement obligations in accordance with Council’s
Community Engagement Policy.
This
statutory process and the accompanying community engagement is a statutory
obligation bestowed on Council via the LGA 2020 and to ensure that this process
is independent and genuine means that Council needs to undertake this process
itself. The process cannot be blended with the community engagement
undertaken by the SRLA.
For the proposed sale [sale by Council] transaction
Section 114 of the LGA 2020 applies and Section 114 states the following:
“Restriction
on power to sell or exchange land:
(1) Except where section 116 applies, if a Council
sells or exchanges any land it must comply with this section.
(2) Before selling or exchanging the land, the Council
must—
(a) At least 4 weeks prior to selling or exchanging the
land, publish notice of intention to do so—
(i) On
the Council's Internet site; and
(ii) in any
other manner prescribed by the regulations for the purposes of this subsection;
and
(b) Undertake a community engagement process in
accordance with its community engagement policy; and
Obtain
from a person who holds the qualifications or experience specified under
section 13DA(2) of the Valuation of Land Act 1960 a valuation of the land which
is made not more than 6 months prior to the sale or exchange.
“To ensure compliance with Section 114(2)(b) of the LGA 2020
mentioned above, participatory engagement (Consult) will be undertaken in
accordance with Council’s Community Engagement Policy.
While
for the proposed purchase [purchase by Council] transaction Section 112 of the
LGA 2020 applies and section 114 states the following:
“Acquisition and compensation
(1) A
Council may purchase or compulsorily acquire any land which is or may be
required by the Council for or in connection with, or as incidental to, the
performance of its functions or the exercise of its powers.
(2) The
Land Acquisition and Compensation Act 1986 applies to this Act and for that
purpose—
(a) the
Local Government Act 2020 is the special Act; and
(b) the
Council is the Authority.
(3) Any
purchase or compulsory acquisition of land by a Council under this section must
be undertaken in accordance with the Council's community engagement
policy.”
To
ensure compliance with Section 112(3) of the LGA 2020 mentioned above,
participatory engagement (Inform) will be undertaken in accordance with Council’s Community Engagement Policy.
As
Council’s Community Engagement Policy has different participatory
engagement for the proposed sale transaction and the proposed purchase
transaction; it is recommended for consistency that Council undertakes
participatory engagement (Consult) for both the proposed sale and proposed
purchase transactions.
Council
relies on the International Association for Public Participation (IAP2) Public
Participation Spectrum to define its levels of engagement and the amount of
influence participants can expect to have in the process.
Under
the IAP2 Public Participation Spectrum the following applies to participatory
engagement (Consult):
Consult
Goal: “To obtain feedback on analysis, alternatives and/or
decisions.”
Promise
to target participants: “We will keep you informed, listen to and
acknowledge concerns and aspirations, and provide feedback on how public input
influenced the decision.”
Role
of target participants: “Contribute”
Council’s
Property & Leasing Department propose the following engagement methods:
· Write
to the nearby owners and occupiers inviting them to participate in the
consultation process.
· Conduct
a “drop in session” at the Box Hill Town Hall, most likely to be
held on the evening of Wednesday 13 March 2024.
· Via
“Your Say Whitehorse” platform have a
survey opening on Monday 26 February 2024 and being open for a minimum of
four weeks.
It is
envisaged that the community survey results will be considered by Council at
its meeting dated Monday 29 April 2024.
To
comply with Section 114(2)(a)(i) of the LGA 2020 Council
will publish on its internet site a Public Notice advertising our intention to
sell land; this publication will occur prior to the
“Your Say Whitehorse” platform survey opening on Monday 26 February
2024.
Whilst
Section 114(2)(a) of the LGA 2020 does not obligate Council to publish the
required Public Notice in The Age newspaper; however, Council Officers
recommend that Council publish the Public Notice in The Age on Saturday 24
February 2024.
The
reasoning behind this recommendation is that the publication of the Public
Notice in The Age newspaper along with publication on Council’s internet
site will maximise the creditability of the statutory processes being
undertaken by Council.
Additionally,
prior to the “Your Say Whitehorse” platform survey opening on
Monday 26 February 2024, Council will be publishing a courtesy notice advising
the community of Council’s intention to purchase.
It is
important to note that there is no statutory obligation on Council to publish
an intention to purchase notice, consequently Council will not be publishing
the intention to purchase notice in The Age newspaper.
Financial and Resource Implications
The recurrent budget of
Council’s Property & Leasing Department will fund the statutory
processes required under Sections 112 & 114 of the LGA 2020.
Innovation
and Continuous Improvement
There
are no Innovation and Continuous Improvement matters arising from the
recommendation contained in this report.
Collaboration
Council’s
Property & Leasing Department with input from Council’s lawyers will
undertake the community engagement process.
Collaboration
with the following Council departments: Major Transport Projects, Strategic
Communications and Community Engagement & Development.
This
collaboration will be also undertaken to ensure that the statutory processes
required under Sections 112 & 114 of the LGA 2020 are fully compliant.
Conflict of
Interest
The LGA
2020 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.
Conclusion
To
facilitate the provision of one hectare of replacement open space in Box Hill,
Council resolved to support undertaking community engagement regarding the land
transactions proposed by the SRLA.
This report seeks to commence the statutory processes required under
Sections 112 & 114 of the LGA 2020.
Upon completion of the statutory processes Council Officers will
prepare a report for Council’s consideration in respect of the proposed
land transactions.
10.2 Whitehorse
Partnership Grant Review
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Department
|
Community Engagement and
Development
Director Community Services
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Attachment
SUMMARY
A review
has been undertaken of Council’s Partnership Grant program to assess its
purpose and effectiveness. The proposed recommendations will improve
Council’s ability to strategically address vulnerability in Whitehorse.
As part
of this process, targeted engagement with existing grant recipients (along with
broad community engagement) was undertaken and the following recommendations seek
to realise the significant social return on investment that the Program can
deliver:
1. Introduce a new
purpose, structure and timeline for Partnership Grants.
2. Maintain the
funding of safety, traffic and waste management for the Lunar New Year Festival
to the value of approximately $76,000.00 (ex GST). This funding will be
administered through a Memorandum of Understanding (MOU), which will address
waste reduction strategies. Retain the Partnership Grant funding in
2024/25 and remove the Partnership Grant funding for 2025/26.
3. Move $41,610.56
from the general community grants pool into the new Social and Wellbeing Partnership
Grant program to maximise impact.
4. Develop a Framework
for Neighbourhood House Partnerships throughout 2024 for implementation in
2025.
5. Implement the
Partnership Grants Review recommendations in a staged approach that aligns with
Council planning milestones and allows a transitional period eligible community
organisations.
6. The Life Skills
Program to be removed from the Partnership Grant Program and be considered
within the scope of the Youth Services Review.
7. The Kindergarten
Central Registration and Enrolment Scheme funding is to be retained but removed
from the Partnership Grant Program.
The
Community Grants Policy has been updated to reflect the outcomes of the review
of Partnership Grants and the new category descriptions and requires Council
adoption.
|
MOTION
Moved by Cr Munroe,
Seconded by Cr Skilbeck
That Council:
1. Introduces a new
purpose, structure and timelines to the Partnership Grants program, with
Partnership Grants to be divided into two categories:
a. Neighbourhood House
Partnership Grants (maximum funding $45,000 per year indexed with rate cap)
and
b. Social and Wellbeing
Partnership grants (maximum funding $40,000 per year indexed with rate cap)
2. Maintains the funding
of safety, traffic and waste management for the Lunar New Year Festival to
the value of approximately $76,000 (ex GST). This funding will be administered through a
Memorandum of Understanding (MOU), which will address waste reduction strategies.
Retains the Partnership Grant funding in 2024/25 and remove the Partnership
Grant funding for 2025/26.
3. Moves $41,610.56 from
the general community grants pool into the new Social and Wellbeing
Partnership Grant program to maximise impact.
4. Develops a Framework
for Neighbourhood House Partnerships throughout 2024 for implementation in
2025.
5. Implements the
Partnership Grants Review recommendations in a staged approach that aligns
with Council planning milestones and allows a transitional period eligible
community organisations.
6. Removes the Life
Skills Program from the Partnership Grant Program, to be considered within
the Youth Services Review and managed by the Youth Services unit.
7. Retains the
Kindergarten Central Registration and Enrolment Scheme funding, removing this
from the Partnership Grant Program for management by the Health and Family
Services department.
8. Endorses the updated
Community Grants Policy to reflect minor changes as a result of this review.
|
|
Cr
Davenport proposed an amendment and noted that there was an anomaly in
Attachment 1 of the report that stated:
‘Discount
Support Free Tipping
Free tipping passes to
dispose of waste through Council’s Recycling and Waste Centre.
Determined through demonstrated need and within the available budget
allocation.
Please
note this grant category will cease in 2024/25.’
This was
inconsistent with the Council Resolution of 27 November 2023 which stated in
part:
‘That
Council:
1.
Retains
the Discount Support Free Tipping program ongoing with a reduced budget
allocation of $15,000 (+CPI or equivalent).’
|
The Mayor called a
two minute recess at 7.48pm. The Council meeting resumed at 7.50pm.
|
Cr
Davenport proposed the following amendment:
·
In point 2, include
that the $76,000 (ex GST) funding be reviewed annually.
·
Additional
point 9 - Notes reference to discount tipping on Page 10 of Attachment 1 to
be in accordance with Council Resolution dated 27 November 2023.
|
|
AMENDMENT
Moved by Cr Davenport,
Seconded by Cr Cutts
That Council:
1. Introduces a new
purpose, structure and timelines to the Partnership Grants program, with
Partnership Grants to be divided into two categories:
a. Neighbourhood House
Partnership Grants (maximum funding $45,000 per year indexed with rate cap)
and
b. Social and Wellbeing
Partnership grants (maximum funding $40,000 per year indexed with rate cap)
2. Maintains the funding
of safety, traffic and waste management for the Lunar New Year Festival to
the value of approximately $76,000 reviewed annually (ex GST). This funding will be
administered through a Memorandum of Understanding (MOU), which will address
waste reduction strategies. Retains the Partnership Grant funding in 2024/25
and remove
the Partnership Grant funding for 2025/26.
3. Moves $41,610.56 from
the general community grants pool into the new Social and Wellbeing Partnership
Grant program to maximise impact.
4. Develops a Framework
for Neighbourhood House Partnerships throughout 2024 for implementation in
2025.
5. Implements the
Partnership Grants Review recommendations in a staged approach that aligns
with Council planning milestones and allows a transitional period eligible
community organisations.
6. Removes the Life
Skills Program from the Partnership Grant Program, to be considered within
the Youth Services Review and managed by the Youth Services unit.
7. Retains the Kindergarten
Central Registration and Enrolment Scheme funding, removing this from the
Partnership Grant Program for management by the Health and Family Services
department.
8. Endorses the updated
Community Grants Policy to reflect minor changes as a result of this review.
9. Notes reference to discount
tipping on Page 10 of Attachment 1 to be in accordance with Council
Resolution dated 27 November 2023.
|
|
Amendment to be put
Cr Lane requested for the amendment
to be put.
Moved by Cr Davenport,
Seconded by Cr Cutts
Carried
|
|
The
motion with the amendments was put and became the Council Resolution as
follows:
|
|
Council Resolution
Moved by Cr Munroe,
Seconded by Cr Skilbeck
That Council:
1. Introduces
a new purpose, structure and timelines to the Partnership Grants program,
with Partnership Grants to be divided into two categories:
a. Neighbourhood
House Partnership Grants (maximum funding $45,000 per year indexed with rate
cap) and
b. Social
and Wellbeing Partnership grants (maximum funding $40,000 per year indexed
with rate cap)
2. Maintains
the funding of safety, traffic and waste management for the Lunar New Year
Festival to the value of approximately $76,000 reviewed annually (ex GST). This funding will
be administered through a Memorandum of Understanding (MOU), which will
address waste reduction strategies. Retains the Partnership Grant funding in
2024/25 and remove the Partnership Grant funding for 2025/26.
3. Moves
$41,610.56 from the general community grants pool into the new Social and Wellbeing
Partnership Grant program to maximise impact.
4. Develops
a Framework for Neighbourhood House Partnerships throughout 2024 for
implementation in 2025.
5. Implements
the Partnership Grants Review recommendations in a staged approach that
aligns with Council planning milestones and allows a transitional period
eligible community organisations.
6. Removes
the Life Skills Program from the Partnership Grant Program, to be considered
within the Youth Services Review and managed by the Youth Services unit.
7. Retains
the Kindergarten Central Registration and Enrolment Scheme funding, removing
this from the Partnership Grant Program for management by the Health and
Family Services department.
8. Endorses
the updated Community Grants Policy to reflect minor changes as a result of
this review.
9. Notes reference to
discount tipping on Page 10 of Attachment 1 to be in accordance with Council
Resolution dated 27 November 2023.
For: Cr Barker, Cr Cutts, Cr Lane, Cr Massoud, Cr McNeill, Cr
Munroe, Cr Skilbeck, Cr Stennett (8)
Against: Cr
Davenport, Cr Liu (2)
Carried
|
Key Matters
An analysis of the
current Partnership Grants program identified areas where improvement is
needed, including:
· The purpose and desired outcomes of Partnership Grants is unclear.
· The reporting attached to the grants adds little value to Council
planning.
· A regular review process is needed to avoid grants continually being
rolled over, and
· Some current Partnership Grant recipients are a contracted/outsourced
service of Council, rather than a partnership grant arrangement.
Officers are
providing a set of recommendations to respond to these issues.
Strategic Alignment
The proposed changes to the Whitehorse
Partnership Grant program respond to the Whitehorse Community Vision 2040, the
Whitehorse Council Plan
2021-2025 and the Whitehorse Municipal Public Health and Wellbeing Plan
2021-2025. The following table presents the Strategic alignment:
|
Strategic Document
|
Relevant Priorities
|
|
Community Vision
|
- Empowered and Collaborative
Community
- Health and Wellbeing
|
|
Council
Plan
|
Strategic Direction 7: A
Safe and healthy community
Objective: Council will
protect and promote the health and wellbeing of the Whitehorse community
Strategic Actions:
Advocate for and respond
to social, health and wellbeing needs identified in the Municipal Public
Health and Wellbeing Plan, in partnership with local agencies.
Increase the capacity of
Council, its partners and the community to identify, respond to and prevent
elder abuse and family violence.
|
|
Municipal Public Health and Wellbeing Plan
|
Priorities:
- Mental wellbeing
- Physical activity
|
The
recommendations arising from this Review also enable enhanced alignment to
strategic priorities outlined in subsequent Council Plans and Municipal Public
Health and Wellbeing Plans.
Policy
Should
Council endorse the recommendations the following update will be required to the
Community Grants Policy (updated policy included in attachment 1):
Community Grants Policy Section
6. Grant categories
Current
Policy:
|
Grant Category
|
Description
|
Funding Level
|
|
Partnership Grant (4 year service agreement –
tendered grants and non-tendered grants)
|
Partnership Grants will be the subject of a further
review. Recommendations will be presented to Council in 2023.
|
|
Proposed Update:
|
Grant Category
|
Description
|
Funding Level
|
|
Neighbourhood House Partnership Grants
|
Neighbourhood House Partnership Grants incorporate
Council’s financial support to houses.
|
Up to $45,000
|
|
Social and Wellbeing Partnership grants
|
Social and Wellbeing Partnership grants respond
directly to the needs of the communities with a focus on the most vulnerable
and socially disadvantaged population groups.
|
Up
to $40,000
|
background
Council's
annual Community Grants program supports community organisations through
various grant streams, including:
1. Annual
Community Grants
2. Discount
Support hall hire
3. Discount
Support free tipping
4. Partnership
Grants
In 2022
Council conducted a comprehensive review of its Community Grants program,
deciding to separately review Partnership Grants in the subsequent year.
The
Partnership Grant review, the subject of this report focused on the purpose,
effectiveness, reach, and impact of the grant program. The review also
considered aspects such as assessment criteria, evaluation criteria,
decision-making, and historical trends.
It
excluded general grant categories and did not consider the provision of Family,
Youth and Children support and counselling services (currently provided by
EACH), as in December 2022 Council made the decision to remove the funding from
the Community Grants Program to the department aligned to the program (Family
& Children’s Services Department). A review of this agreement will
take place as part of the Youth Services Review that has commenced and is due
for completion by mid-2024.
Partnership
Grants have historically been set for a four (4) year period, however, the
current Partnership Grants funding agreements were for a two (2) year period
because of the planned review. Due to delays in undertaking the review, grant
allocations were extended an additional year, and are now due to expire on 30
June 2024.
The total amount budgeted amount for Partnership Grants
in 2023/24 is $817,710.
Discussion and Options
An analysis of the
current Partnership Grants program identified areas where improvement is
needed, including:
· The purpose and outcomes sought from Partnership Grants is unclear.
· The reporting attached to the grants adds little value to Council
planning.
· A regular review process is needed to avoid grants continually being
rolled over, and
· Some current Partnership Grant recipients are a
contracted/outsourced service of Council, rather than a partnership grant
arrangement.
The following recommendations seek to directly address these areas
for improvement.
Recommendations
1. Introduce a new purpose, structure and
timelines to the Partnership Grants program.
Partnership grants would respond directly to
the needs of the communities with a focus on the most vulnerable and socially
disadvantaged population groups. This redefined purpose would enable true
partnership and strategic purpose and helps both the community and Council
address key priority areas of health and wellbeing.
Partnership grants would need to align
to one or more of the Council Plan objectives (which ensures alignment
to the Whitehorse Community Vision) and applicants will be required to identify
the alignment between their initiatives and the Council Plan.
Partnership grants to be divided into two
categories:
1) Neighbourhood House Partnership Grants and
(maximum funding $45,000 per year indexed with rate cap)
2) Social and Wellbeing Partnership grants
(maximum funding $40,000 per year indexed with rate cap)
(The proposed Social
and Wellbeing Grant criteria is available in
attachment 2).
This redefined purpose will enable true
partnership and strategic purpose. The alignment of the grants program and the
Council Plan allows the framework for a true partnership and helps both the
community and Council address key priority areas of health and wellbeing.
Through the Council Plan, increasing social
inclusion, community participation and access to community services is a key
priority for both Council and the community. These findings are particularly
relevant as our community reconnects following the isolation experienced by
many during the COVID pandemic.
Neighbourhood Houses play a critical role
fostering community connections, providing a place for people to meet and
participate in programs and activities that are affordable and respond to a
wide range of community interests. They have a unique service offering that
allows for a localised understanding and assistance in response to community
need.
Neighbourhood Houses Partnerships to continue
to be a 4-year funding but with expanded requirements for establishing programs
and services provided to show alignment with council objectives, agreed metrics
to quantify and measure outcomes as well as meet the formalised approach to a
Partnership working arrangement.
Funding and assessment criteria would be
linked with deliverables and outcomes as defined in the framework (outlined
below) and this grant category would be funded by existing funds.
Social & Wellbeing Partnership Grants are
for community organisations and groups to deliver programs to respond to
vulnerability and community need identified within the Council Plan.
They are required to respond directly to
objectives and funding is offered over a 4-year period (up to $40,000).
It is proposed that the Social and Wellbeing
Partnership grant is funded by the remaining partnership grant funding
($58,446.58 – currently held by Uniting East Burwood and the Asian Business
Association of Whitehorse ABAW) and proposed to move $41,610.56 from the annual
general community grants pool. This would make $100,057.14 available for total
Social and Wellbeing Partnership Grant category. Uniting East Burwood would
still be eligible for the new Social and Wellbeing Partnership Grant and a
transition period is recommended (as per recommendation 5).
2. Removes the
Whitehorse Lunar New Year Festival from the Partnership Grants program and
maintain the funding of safety, traffic and waste management to the value of
approximately $76,000.00 (ex GST). This funding will be administered through a
Memorandum of Understanding (MOU), which will address waste reduction
strategies and be implemented in a phased manner
The Lunar New Year Festival
is unique for its size, history and cultural diversity within the City of
Whitehorse and the event delivers considerable benefits.
Should Officer recommendations be endorsed,
the Whitehorse Lunar New Year Event will not fit the
criteria of a partnership grant in its future state as it does not directly
address community vulnerabilities.
The Lunar New Year
Festival is the biggest event held annually in the City of Whitehorse and is
unique for its size, history and cultural diversity. There are significant
benefits from the event including:
· Community connection and activation
· Cultural diversity celebration
· Multiculturalism through event partnership
· Trade benefits of the local area
· Box Hill and City of Whitehorse profiling for both visitors and
business investors
· Significant media coverage
And there are also significant impacts to
community from its operation including:
· Safety Risk Management
· Road closures and traffic implications
· Public Relations and reputational risks when an event of such scale
operates without Council support
As such, a continued significant financial
contribution is recommended to directly manage the community safety of the
event (valued at approximately $76,000). However, the Lunar New Year
Festival would no longer align to the new purpose of the Partnership Grants to
address vulnerability and social disadvantage. Therefore, it is recommended
that this event does not receive Partnership Grant funding from 2025/26
(allowing for a transition period – See Recommendation 5).
To manage costs for Council’s Festival
budget, a proposed change would apply to the cost
distribution for waste management services to
reflect a 50/50 split between Council and ABAW (previously ABAW paid $8,000 and
Council paid the balance of approximate $17,000). This 50/50 arrangement is
currently applied to traffic management.
This shift would provide a fairer
distribution of costs for the two contracts between ABAW and Council.
This would mean that ABAW would be required to contribute more to the provision
of waste management from 2024/25 financial year.
Site and Safety Contractor costs would remain
the responsibility of Council in acknowledgement of the scale, complexity,
reputational risk and volume of people attending the Lunar New Year on Council
land. Council contribution towards Site and Safety,
Traffic and Waste Management is approximately $76k indexed annually.
It is recommended that Council’s
support be formalised through an annual Memorandum of Understanding with ABAW
(managed via Council’s Arts and Cultural Services Team). The MOU will
also formalise the benefits that ABAW will be required to deliver to Council
and the community in recognition of the significant support it receives for the
Lunar New Year event. These benefits will include increased opportunities for
on-site branding at the event and in pre-event marketing materials as well as
opportunities for Council to host activations such as engagement opportunities
if desired, at the event free-of-charge.
This recommendation would result in a
reduction in Council funding to ABAW of approximately $5,000 in 2024/25 and
$32,900 in 2025/26. This includes an increase in the cost of waste management
for ABAW from 2024/25 and the removal of Partnership Grant funding from
2025/26. However, in 2025/26, ABAW would have the option to enter into a
competitive process for funding up to the maximum of the Major Grant allocation
(currently capped at $10, 000).
From 2025/26, the current partnership grant
funding amount that had previously been awarded to the ABAW would be included
in the new Social and Wellbeing Partnership Grant category.
3. Move $41,610.56 from
the general Community Grants pool into the new Social and Wellbeing Partnership
Grant program to maximise impact.
In order for Social and Wellbeing Partnership
Grants to provide significant and lasting benefit to the community, an increase
of $41,610.56 to the funding stream is recommended. This amount would consist
of $19,666 from the Discount Support Free Tipping program budget and $21,944.56
from the Major Grant category of the annual cash grants. Organisations
currently awarded in this category could apply for a Social and Wellbeing
Partnership Grant, if eligibility criteria were met.
4. Develop a Framework
for Neighbourhood House Partnerships over 2024 for implementation in 2025.
The proposed purpose of Neighbourhood House Partnership
Grants is to improve the way Council and the Neighbourhood Houses work together
in the planning and implementation of the Council Plan.
For this to be an authentic partnership it is
critical that the Neighbourhood Houses and Community Centres play a partner
role in the creation of a Framework that sets out how Council and the
Neighbourhood Houses will work together and respond to community needs. The
development and implementation of the Framework allows for an informed and
considered approach to developing a fair and equitable approach to the funding
of Neighbourhood Houses into the future.
Council acknowledges the need for a more
equitable and transparent approach to Neighbourhood House funding, however it
is recommended to maintain the current distribution of funding with a
commitment to review as the Neighbourhood House Framework is developed.
5. Implement
the Partnership Grants Review recommendations in a staged approach that aligns
with Council planning milestones and allows eligible community organisations a
transitional period.
A transition period is required to align with and respond to
the incoming Council Plan and Municipal Public Health and Wellbeing Plan.
It is proposed that the new Social and
Wellbeing Partnership Grants would commence for the 2025/26 year (opening
approx. July 2025). This would mean that Uniting East Burwood would
receive a 12-month extension to their current arrangement and would receive
funding for the 2024/25 year and would be eligible to apply for a Social and
Wellbeing Partnership Grant from 2025/26 via a competitive process. ABAW
would also receive a 12-month extension to their cash component of the
Partnership Grant to the value of $27,886.10 (to enable a transitional period).
It is proposed the Neighbourhood House
Partnership grants receive a 12-month extension to their current arrangements
and receive funding for the 2024/25 year. This will allow for the
development of the Framework in 2024.
Depending on the outcome of the Framework and
review, Neighbourhood House partnership grants will then open for a three-year
period in 2024/25 to align with the new Council Plan development. Following
this in 2028, Neighbourhood House Partnership Grants would open every 4 years
in line with Council’s planning cycle.
6. The Life Skills
Program to be removed from the Partnership Grant Program be considered within
the Youth Services Review.
The Life Skills Program and the funding and management of the
contract would be removed from the Community Grants Program and sit with the
department aligned to the program (Health and Family Services). The future
provision of the program is to be considered as part of the Youth Services
review currently being undertaken.
7. The Kindergarten
Central Registration and Enrolment Scheme to be retained but removed from the
Partnership Grant Program.
Council continues to support the provision of the Whitehorse
Kindergarten Central Registration and Enrolment Scheme.
The Kindergarten Central Registration and Enrolment Scheme is
a direct service provision and should be managed under a service agreement
rather than a grant process. Evaluation and future provision of this
service to be assessed as part of regular Department/business planning.
SUPPORTING REPORT DETAILS
Legislative and Risk
Implications
The Partnership
Grant program has facilitated long standing agreements between Council and
community groups. With any change comes reputational risk and relationship
impact. All our partnerships with community organisations are valued and we
will continue to work proactively with our partners to support their
achievements and in our mutual commitment to outcomes for the community.
Equity, Inclusion, and Human
Rights Considerations
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 Act 2006.
It is considered that the
subject matter does not raise any human rights issues but rather the
Partnership Grant Program enhances equity, inclusion and human rights.
Community Engagement
|
55 people participated in the engagement program
|
10 Councillors attended engagement sessions
|
|
32 people completed the online survey
|
14 current Partnership Grant recipients
participated in focused interviews
|
Responses
by theme is captured below (further detail of these themes is available in attachment
3).
Theme 1: Partnership Grants add
significant value to the community.
Theme 2: Partnership Grants need to
address vulnerability within the community and be prioritised to respond to
health and wellbeing being gaps of Council service provision.
Theme 3: The partnership/collaboration
between recipients and Council needs to be strengthened.
Theme 4: Partnership grants should align
with the Council Plan, Municipal Public Health and Wellbeing Plan and
Whitehorse Community Vision.
Theme 5: Greater equity amongst
Neighbourhood House and Community Centre funding is desired.
Theme 6: A framework for Neighbourhood
Houses is needed and should be developed in partnership with houses. This
framework should include a review of reporting requirements.
Theme 7: Funding security of 4 years is
preferred but application and acquittal requirements need to allow for
flexibility to accommodate reactive response to community needs at a local
level.
Financial and Resource Implications
Current Grants Program
Promotion, assessment, implementation and
management of the Community Grants Program is resourced through the Community
Engagement and Development annual budget.
As stipulated in the revised Community
Grants Policy, the level of financial assistance available is limited by
Council’s budget allocation and its priorities. No applicant can be
guaranteed funding, nor can any applicant be guaranteed to receive the full
requested amount.
Financial
implications of Partnership Grant Review Recommendations
Recommendations in this report will have
no overall net increase on the Community Grants budget, however, organisations that
might not have previously applied may now apply based on a greater
understanding of what can be applied for under each grant category and the
longer time periods allow for a more strategic and planned approach.
Removing the Life Skills Program and The
Kindergarten Central Registration and Enrolment Scheme from the Community
Grants Program (to be managed by Health & Family Services) will have a
financial impact on the Community Grants Program, as the funding will move
across and sit in the Health & Family Services budget.
Overall, there will be no net financial
impacts for Council as a result of the recommendations contained in this
report.
Innovation
and Continuous Improvement
The implementation of the recommendations
in this report will strengthen the alignment of the Partnership Grant program to
Council and the community priorities. Ensuring alignment to Whitehorse
Community Vison 2040, Council Plan and Municipal Public Health and Wellbeing
Plan means that a diverse range of activities, services, and programs are
delivered through the Community Grants Program that are responsive to community
needs and identified priorities and have positive impacts in terms of social
connection and community capacity building.
Collaboration
The
Partnership Grants Review involved collaboration with cross-Council
departments, particularly those responsible for programs funded by the
Partnership Grants.
Conflict of
Interest
The Local
Government Act 2020 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.
Conclusion
The
recommendations outlined in this report will improve and streamline Council
processes, as well as ensure a clearer and more effective Partnership Grants program.
The types of programs and services delivered will be more aligned to the
priorities of the community, address vulnerability and therefore result in
better outcomes for the Whitehorse community. Community groups and
organisations applying for Partnership Grants into the future will also find
the process clearer, fairer and more secure with the 4-year option more broadly
available.
Attachment
1 Attachment 1 - Draft
Community Grants Policy 
2 Attachment 2 -
Proposed Social and Wellbeing Grant criteria 
3 Attachment 3 -
Outcomes of Community Engagement
10.3 Dog
Incidents and Data
|
Department
|
Community Safety
Director City Development
|
SUMMARY
On 28 August 2023 a Notice of Motion was adopted by Council in
relation to compiling serious dog attack data for Whitehorse and the Eastern
Region. The resolution stated:
1. Seek
a report from officers detailing:
a) The number of
serious dog attacks reported in the last 3 years, including whether they were
attacks on other dogs and/or people.
b) The number of
prosecutions and fines issued in relation to these attacks.
c) The number of
infringements and, if the information is available, warnings with no
infringement issued, for dog off lead offences in on lead areas.
2. Write to the Eastern
Region Group (ERG) of Councils to request all member Councils provide this information
as it pertains to their Council to the ERG and made available for all member
Councils of the ERG.
Key Matters
Three (3) Councils from
the Eastern Region responded to the request. Each Council’s perception of
the requested information varied. The tables show the comparative data.
Some of the Councils
requested that they do not be identified in the report, hence the deidentified
nature of the data.
|
Council
|
Serious Dog Attacks Reported
2020-2023
|
Serious Dog Attack Serious (on person)
|
Serious Dog Attack (on animal)
|
|
Whitehorse
|
58
|
6
|
52
|
|
Council
A
|
45
|
7
|
38
|
|
Council
B
|
473
(non-serious, serious and rush all included)
|
Not
Supplied
|
Not
Supplied
|
|
Council
C
|
170
(serious and non-serious included supplied only from 2021)
|
4
|
14
|
|
Council
|
Number of Dog Attack Prosecutions 2020-2023
|
Number of Infringements Relating to Dog Attacks
2020-2023
|
Number of Infringements Dog Off Lead Offence
2020-2023
|
|
Whitehorse
|
12
|
42
|
7
|
|
Council
A
|
28
|
59
|
30
|
|
Council
B
|
31
|
37
|
7
|
|
Council
C
|
8
|
Not
Supplied
|
Not
Supplied
|
Strategic
Alignment Strategic Direction 7: A safe and healthy community
Background
Of relevance to this report is a research study undertaken
by Monash University into hospital admissions from dog bites per Local
Government area between 2018 – 2022. This included people bitten by their
own dogs. Whitehorse was on the lower percentile in comparison to other
Victorian Councils.
Discussion and Options
As part
of Whitehorse’s Domestic Animal Management Plan (DAMP) targeted
initiatives and new strategies to address improving responsible pet ownership
and addressing dog behaviour are constantly being reviewed.
Community
Laws current projects include a targeted Whitehorse resident dog behaviour
session, education sessions in parks and continuing to quickly and effectively
investigate complaints surrounding the containment of dogs, dog attacks and
behavioural issues displayed in parks and reserves.
SUPPORTING REPORT DETAILS
Legislative and
Risk Implications
There
are no legal or risk implications arising from the recommendation contained in
this report.
Equity, Inclusion, and Human
Rights Considerations
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 Act 2006.
It is considered that the
subject matter does not raise any human rights issues.
Community Engagement
No community engagement was required for this report.
Financial and Resource Implications
There
are no financial or resource implications arising from the recommendation
contained in this report.
Innovation
and Continuous Improvement
There
are no Innovation and Continuous Improvement matters arising from
the recommendation contained in this report.
Collaboration
Three (3) Eastern Region Councils
responded to the request for dog attack data.
Conflict of
Interest
The Local
Government Act 2020 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.
Conclusion
It is recommended
that Council notes the findings in this report.
10.4 S11A
Appointment of Authorised Officers under the Planning and Environment Act 1987
|
Department
|
Governance and Integrity
Director Corporate Services
|
Attachment
SUMMARY
The appointment of authorised officers enables appropriate
staff within the organisation to administer and enforce various Acts,
Regulations or Council local laws in accordance with the powers granted to them
under legislation or a local law.
Instruments of Appointment and Authorisation are prepared
in accordance with advice from the Maddocks (Lawyers) Authorisations and
Delegations Service, which Council subscribes to.
Whilst the appointment and authorisation of authorised
officers under other relevant legislation is executed by the Chief Executive
Officer under delegation, Maddocks recommend that officers enforcing the Planning
and Environment Act 1987 and the Environment Protection Act 2017 be
authorised by Council resolution.
Council
is required to appoint persons as authorised officers for the purpose of
enforcing the Planning and Environment Act 1987.
Authorisations are
different to delegations whereby the appointment is made to a natural person
that holds a statutory position giving the appointed officer the ability to
undertake the necessary functions listed in the instrument. Delegations on the
other hand are made to positions within Council.
The
S11A Instrument is presented regularly to Council for the purposes of authorising
new staff members who have commenced and removing staff members who have
departed the organisation.
|
Council Resolution
Moved by Cr Lane,
Seconded by Cr Skilbeck
That Council:
1. Appoints
the officers named in the S11A Instrument of Appointment and Authorisation at
Attachment 1 as Authorised Officers pursuant to section 147(4) of the
Planning and Environment Act 1987; and
2. Authorises the Chief Executive Officer to sign the S11A
Instrument of Appointment and Authorisation as approved above to come into
force once executed and revoke the previous S11A Instrument of Appointment
and Authorisation executed on 12 September 2023.
Carried Unanimously
|
Key Matters
An ‘authorised
officer’ is a person, other than a
Councillor, appointed by Council to carry out a compliance or enforcement
function under legislation related to the functions and powers of the Council.
There a no legislative changes to
the authorisation under the Planning and Environment Act 1987.
The instrument has been updated to
reflect staff changes arising from new appointments and departures.
Strategic Alignment
The recommendation of this report accords with the
Strategic Direction 1 of the Council Plan: An innovative Council that is
well led and governed, through compliance with legislative requirements and
regulations to achieve good governance and integrity.
Policy
There are no policy implications arising from the
preparation of this report.
background
Instruments
of Appointment and Authorisation empower relevant staff to exercise the powers
granted to authorised officers by legislation or a local law.
Instruments
of Appointment and Authorisation prepared for Council's consideration are based
on advice from the Maddocks Authorisations and Delegations In Depth Service.
Discussion and Options
Due to staff changes and movements, a review of
appointed and authorised officers has been completed. The updated S11A
Instrument of Appointment and Authorisation at Attachment 1 is presented for
Council’s consideration.
Failure to update the S11A Instrument of Appointment and
Authorisation will impact the ability of the organisation to fulfil its
statutory responsibilities.
SUPPORTING REPORT DETAILS
Legislative and
Risk Implications
Provisions relating to authorised
officers continue to operate under the Local Government Act 1989.
Equivalent provisions relating to authorised officers have not carried over to
the Local Government Act 2020.
Authorisations are made pursuant to
section 147(4) of the Planning and Environment Act 1987.
Equity, Inclusion, and Human
Rights Considerations
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 Act 2006.
It is considered that the subject matter does not raise any human rights
issues.
Community
Engagement
No community engagement was required for this report.
Financial and Resource Implications
There
are no financial or resource implications arising from the recommendation
contained in this report.
Innovation
and Continuous Improvement
There
are no Innovation and Continuous Improvement matters arising from
the recommendation contained in this report.
Collaboration
Collaboration
was undertaken with the City Planning and Development team in drafting the S11A
Instrument of Appointment and Authorisation at Attachment 1.
Conflict of Interest
The Local Government Act 2020 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.
Conclusion
In most
cases, authorisations are approved by the Chief Executive Officer; however,
authorisations under the Planning and Environment Act 1987 are required to be
issued by resolution of the Council.
It is recommended that Council resolves to authorise the
Chief Executive Officer to execute the S11 Instrument of Appointment and
Authorisation at Attachment 1.
Attachment
1 S11A Instrument of
Appointment and Authorisation - Planning and Environment Act - February 2024 
10.5 S18
Instrument of Sub-Delegation under the Environment Protection Act 2017 and S11B
Appointment of Authorised Officers under the Environment Protection Act 2017
|
Department
|
Governance and Integrity
Director Corporate Services
|
Attachment
SUMMARY
The
delegation of powers and appointment of authorised officers enables appropriate
staff within the organisation to administer and enforce various Acts,
Regulations or Council local laws in accordance with the powers granted under
legislation or a local law.
The
Environment Protection Act 2017 (the Act) and Environment Protection
Regulations 2021 (the Regulations) came into effect on 1 July 2021.
Under
the Act and Regulations, the scope of Council’s role as a regulator did
not change, but changes to the laws and powers of councils included a new
delegation of powers directly from the Environment Protection Authority
Victoria (EPA) to councils. Pursuant to section 437(1) of the Act, the EPA
issued an Instrument of Delegation directly to Council.
Council
adopted the S18 Instrument of Delegation (S18) in May 2022; however, a number
of provisions were omitted and the powers contained within the S18 can only be
delegated to council staff who are authorised under section 242(2) of the Act.
Maddocks
Lawyers advise that officers enforcing the Act should be authorised by Council
resolution. For this reason, both the S18 Instrument of Delegation and the S11B
Instrument of Authorisation are presented to Council for adoption (refer
Attachment 1 and Attachment 2 of this report.)
|
Council Resolution
Moved by Cr Skilbeck,
Seconded by Cr Lane
1. In the exercise
of the power conferred by s 437(2) of the Environment Protection Act 2017 and
the Instrument of Delegation of the Environment Protection Authority under
the Act dated 4 June 2021, Council resolves that:
a) There be
delegated to the members of Council staff holding, acting in or performing
the duties of the officers or positions referred to in the attached
Instrument of Delegation (Attachment 1) to members of Council staff the
powers, duties and functions set out in that instrument, subject to the
conditions and limitations specified in that Instrument.
b) The instrument
comes into force immediately upon this resolution being made and is to be
signed by Council’s Chief Executive Officer.
c) On coming into
force all previous delegations to members of Council staff (other than the
Chief Executive Officer) are revoked.
d) The duties and
functions set out in the instrument must be performed, and the powers set out
in the instruments must be executed, in accordance with any guidelines or
policies of Council that it may from time to time adopt.
2. In the
exercise of the power conferred by s 242(2) of the Environment Protection Act
2017 and the Instrument of Delegation of the Environment Protection Authority
under the Act dated 4 June 2021, resolves that:
a) The members of
Council staff referred to in the instrument be appointed and authorised as
set out in the instrument.
b) The instrument
comes into force immediately upon this resolution being made and is to be
signed by Council’s Chief Executive Officer and remains in force until
Council determines to vary or revoke it.
Carried Unanimously
|
Key Matters
The Environment Protection Act 2017 (the Act) and Environment
Protection Regulations 2021 (the Regulations) came into effect on 1 July
2021.
By virtue of section 437(2) of the Act, Council has the
power to sub-delegate the powers contained in the EPA’s Governing Board
approved Instrument of Delegation to members of Council staff.
The powers, duties and functions described and summarised
in the Schedule as attached (Attachment 1) to this report, are only delegated
for the purpose of regulating:
· onsite wastewater management systems with a design or
actual flow rate of sewage not exceeding 5000 litres on any day; and
· noise from the construction, demolition or removal of
residential premises.
Where
Council has sub-delegated EPA powers and functions under s437(2) of the Act,
the members of Council staff must be authorised officers under s242(2) of the
Act.
As
such, a new Instrument of Appointment and Authorisation is included at
Attachment 2 of this report.
Authorised
officers must exercise the powers in accordance with the EPA’s approved
Instrument of Direction.
The attached Instrument of Sub-Delegation and Instrument of
Appointment and Authorisation are recommended for the effective and efficient
operations of Council’s activities. They also facilitate the execution of
routine and administrative tasks with consistency and certainty.
Strategic Alignment
The recommendation of this report accords with the
Strategic Direction 1 of the Council Plan: An innovative Council that is
well led and governed, through compliance with legislative requirements and
regulations to achieve good governance and integrity.
background
The delegation of powers and appointment of authorised
officers enables appropriate staff within the organisation to administer and
enforce various Acts, Regulations or Council local laws in accordance with the
powers granted under legislation or a local law.
Instruments
of Appointment and Authorisation prepared for Council's consideration are based
on advice from the Maddocks (Lawyers) Authorisations and Delegations In Depth
Service.
Policy
There are no policy implications arising from the
preparation of this report.
SUPPORTING REPORT DETAILS
Legislative and
Risk Implications
This
report has been prepared in line with the Environment Protection Act 2017
and Environment Protection Regulations 2021.
Failure to adopt and update these instruments will impact
the ability of the organisation to fulfil its statutory responsibilities.
Equity, Inclusion, and Human
Rights Considerations
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 Act 2006.
It is considered that the subject matter does not raise any human rights
issues.
Community
Engagement
No community engagement was required for this report.
Financial and Resource Implications
There
are no financial or resource implications arising from the recommendation
contained in this report.
Innovation
and Continuous Improvement
There
are no Innovation and Continuous Improvement matters arising from
the recommendation contained in this report.
Collaboration
Council
subscribes to the Maddocks (Lawyers) Authorisations and Delegations In-Depth
Service, which provides advice regarding legislative amendments and template
instruments.
Collaboration
was undertaken with relevant departments within the organisation in preparation
of the proposed instruments.
Conflict of Interest
The Local Government Act 2020 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.
Conclusion
It is recommended that Council resolves to authorise the
Chief Executive Officer to execute the updated S18 Instrument of Sub-Delegation
(Attachment 1) and the S11B Instrument of Appointment and Authorisation (Attachment
2) in accordance with the list of authorised officers named in the Instrument.
Attachment
1 S18 Instrument of
Sub-Delegation under the Environment Protection Act 2017 
2 S11B Instrument of
Appointment and Authorisation under the Environment Protection Act 2017
10.6 Records
of Informal Meetings of Councillors
|
Department
|
Governance and Integrity
Director Corporate Services
|
|
Pre-Council Meeting Briefing 11 December 2023 –
6.30pm-6.49pm
|
|
Matter/s Discussed:
· Public Presentations
· Public Questions
· Council Agenda Items – 11 December 2023
|
Councillors Present
|
Officers Present
|
·
Cr Massoud (Mayor &
Chair) |
S McMillan
|
·
Cr Davenport (Deputy
Mayor) |
C Clarke
|
·
Cr Barker |
J Green
|
|
Cr Carr
|
S Sullivan
|
|
Cr Cutts
|
S White
|
|
Cr Lane
|
V Ferlaino
|
|
Cr Liu
|
K Woods
|
·
Cr McNeill |
|
·
Cr Munroe |
|
·
Cr Skilbeck |
|
·
Cr Stennett |
|
|
Others Present N/A
|
|
Disclosures of Conflict of
Interest: Nil
|
|
Mirrabooka
Reserve Pavilion and Draft JUA
18 December
2023 – 3:30pm-3.57pm
|
|
Matter/s
Discussed:
· Mirrabooka Reserve Draft Joint-Use-Agreement
· Mirrabooka Reserve Pavilion Redevelopment
|
Councillors Present
|
Officers Present
|
·
Cr Massoud (Mayor) |
L Letic
|
·
Cr Lane |
N Brown
|
|
Cr McNeill
|
L Pegoli
|
|
Cr Munroe
|
N Hirst
|
|
Cr Skilbeck
|
D Dunstan
|
|
|
|
K Chandler
|
|
Others Present N/A
|
|
Disclosures of Conflict of
Interest Nil
|
|
Special Councillor Briefing 22 January 2024 –
6.30pm – 9.30pm
|
|
Matter/s
Discussed:
2024/25 Budget
|
Councillors
Present
|
Officers
Present
|
·
Cr Massoud |
(Mayor
& Chair)
S Cann
|
·
L Letic |
·
Cr Davenport |
(Deputy
Mayor)
S
White
|
·
C
Clarke |
|
Cr
Barker
|
T
Jenvey
|
|
Cr
Carr
|
T Peak
|
|
Cr Cutts
|
N
Brown
|
|
Cr Lane
|
Z
Quinn
|
|
Cr McNeill
|
J
Blythe
|
|
Cr Munroe
|
R
Andresson
|
|
Cr Skilbeck
|
Z
Thorn
|
·
Cr Stennett |
C
Bolitho
|
·
|
K
Woods
|
·
|
A De Campo
|
·
|
I Wang
|
·
|
J Nikas
|
|
Others present - N/A
|
|
Disclosures of Conflict of Interest - Nil
|
|
Suburban Rail
Loop Authority Briefing 30 January 2024 – 6.30pm-7.30pm
|
|
Matter/s Discussed:
Suburban
Rail Loop draft Precinct Visions for Box Hill and Burwood
|
Councillors Present
|
Officers Present
|
·
Cr Massoud (Mayor &
Chair) |
S McMillan
|
·
Cr Davenport (Deputy
Mayor) |
J Green
|
|
Cr Barker
|
A Da Campo
|
|
Cr Cutts
|
L McGuinness
|
·
Cr McNeill |
F Nolan
|
·
Cr Munroe |
K Cummings
|
·
Cr Skilbeck |
K Marriott
|
·
|
L Morris
|
·
|
R Andresson
|
·
|
A Egan
|
·
|
T Peak
|
·
|
G Paterakis
|
·
|
Z Quinn
|
|
Others Present: F Carroll, L van Camp, E Dale (Suburban Rail Loop Authority)
|
|
Disclosures of Conflict of
Interest: Nil
|
|
Councillor
Briefing 5 February 2024 – 6.30pm – 9.30pm
|
|
Matter/s Discussed:
· 2024/2045 Budget Fees and Charges
· 2023/2024 Capital Works Program – December Quarter Review
· Discontinued Roads Policy Update & Community Engagement
· Draft Council Meeting Agenda
12 Feb 2024
|
Councillors
Present
|
Officers
Present
|
·
Cr Massoud
(Mayor & Chair) |
S
McMillan
|
F
Nolan
|
·
S Cann |
I Wang
|
·
Cr Davenport
(Deputy Mayor) |
J
Green
|
K
Woods
|
·
L Letic |
|
|
Cr
Barker
|
S
Sullivan
|
|
|
Cr
Carr
|
S
White
|
|
|
Cr
Cutts
|
N
Brown
|
|
|
Cr
Lane
|
C
Clarke
|
|
·
Cr Liu (apology) |
T
Jenvey
|
|
·
Cr McNeill |
Z
Quinn
|
|
·
Cr Munroe |
T Peak
|
|
·
Cr Skilbeck |
A
Ghastine
|
|
·
Cr Stennett |
S
Morison
|
|
|
Others Present N/A
|
|
|
Disclosures of Conflict of Interest Nil
|
|
11 Councillor
Delegate and Conference / Seminar Reports
11.1 Reports
by Delegates and Reports on Conferences / Seminars Attendance
|
Department
|
Governance and Integrity
Director Corporate Services
|
Verbal reports from Councillors appointed as delegates to
community organisations/committees/groups and attendance at conferences and seminars
related to Council Business:
|
· Cr
Lane attended the Whitehorse Business Group Strategic Review meeting on 23
January 2024
|
|
· Cr
McNeill attended the Metropolitan Transport Forum meeting and the Whitehorse
Disability Advisory Committee meeting on 7 February 2024.
|
|
· Cr
Cutts attended the Whitehorse Sport and Recreation Reference Group Meeting on
21 December 2023 and the Environment and Sustainability Reference Group
meeting on 13 December 2023.
|
|
· Cr
Skilbeck attended a webinar by McCrindle regarding top trends anticipated for
2024 on 1 February 2024
|
|
· Cr
Massoud attended the Whitehorse Business Group Strategic Review meeting on 23
January 2024 and the Whitehorse Disability Advisory Committee meeting on
7 February 2024.
|
Meetings attended by Councillors during
December 2022 to November 2023
|
Delegated Committee
|
Delegate
|
|
|
Massoud
|
Davenport
|
Barker
|
Carr
|
Cutts
|
Lane
|
Liu
|
McNeill
|
Munroe
|
Skilbeck
|
Stennett
|
|
Municipal Association of Victoria
|
|
|
|
|
|
4/4
|
|
|
4/4
|
|
|
|
Whitehorse Business Group
|
11/11
|
|
|
|
|
|
|
|
8/11
|
|
|
|
Whitehorse Manningham Regional Library
Corp.
|
|
4/5
|
|
|
|
|
|
|
|
5/5
|
|
|
Eastern Affordable Housing Alliance
|
6/8
|
|
|
|
|
|
|
|
|
|
|
|
Eastern Alliance for Greenhouse Action
(EAGA) Executive Committee
|
|
|
4/4
|
|
|
|
|
|
|
|
|
|
Eastern Region Group of Councils
|
|
|
|
|
6/6
|
6/6
|
|
|
|
|
|
|
Eastern Transport Coalition
|
|
|
|
|
|
|
8/10
|
|
|
|
|
|
Metropolitan Transport Forum
|
|
|
|
|
|
|
|
9/10
|
|
|
|
|
Audit and Risk Committee
|
|
|
5/5
|
|
|
|
|
|
|
5/5
|
|
|
Visual Arts Advisory Committee
|
|
|
|
4/4
|
|
|
|
|
|
|
2/4
|
|
Whitehorse Disability Advisory Committee
|
4/5
|
|
|
|
|
|
|
4/5
|
|
|
|
|
Whitehorse Reconciliation Advisory
Committee
|
5/5
|
|
|
|
|
|
|
|
|
|
|
|
Domestic Animal Management Plan Advisory
Committee
|
|
|
3/3
|
3/3
|
|
|
|
|
|
|
|
|
Environment and Sustainability Reference
Group
|
5/5
|
|
|
|
5/5
|
|
|
|
|
|
|
|
Local Government Working Group on
Gambling
|
4/4
|
|
4/4
|
|
|
|
|
|
|
|
|
|
Whitehorse Sports and Recreation Network
|
|
|
|
|
4/4
|
|
|
|
|
|
4/4
|
12 Confidential
Reports
Nil
13 Close
Meeting
The
Council Meeting was closed at 8.36pm.
These
minutes are circulated subject to confirmation by Council at the next Council
Meeting to be held on 26 February 2024.