Statutory reporting

Competition Principles Agreement – National Competition Policy

In 1995 the Council of Australian Governments entered into a number of agreements, collectively known as the National Competition Policy.

Local government is affected mainly where it operates significant business activities which compete, or could compete, with private sector businesses. Local government will also be affected where local laws unnecessarily affect competition.

The Town is therefore required to comply with certain policies contained within the National Competition Policy Statement and report on progress in connection with Competitive Neutrality Principles.

The Competition Principles Agreement (CPA) is a contractual agreement between the Federal Government and all State and Territory governments. Local government is committed to the CPA through the State Governments’ involvement. The focus of the CPA is to ensure all public enterprises operate in a transparent manner in the best public interest. This requires public enterprises to review their operations to ensure they do not have a competitive advantage or disadvantage resulting from their status as public enterprises.

To ensure compliance with the CPA, local governments are required to include in their annual reports, certain particulars in relation to CPA. The Town supports the concept of the CPA and in this regard the following particulars are reported.

Competitive Neutrality

It is the Town’s responsibility to determine whether it is engaged in ‘significant business activities’ within the context of its operations and therefore whether it is required to apply the competitive neutrality principles.

Local government is only required to implement the above principles to the extent that the benefits to be realised from implementation outweigh the costs in respect to individual business activities exceeding an annual income of $500,000. Within these criteria the Town identified the following business activities:

  • Aqualife Centre
  • Leisurelife Centre

The public benefit tests for these activities revealed that competitive advantages and disadvantages existed in each of these two facilities and it was beneficial to the local community to continue the operational subsidies to enable the services to be maintained in the future.

At present no activities undertaken by the Town have been classified as either a Public Trading Enterprise or a Public Financial Enterprise by the Australian Bureau of Statistics.  During the reporting period the Town did not receive any allegations of non-compliance with the principles of Competitive Neutrality.

Structural Reform of Public Monopolies

The Town does not operate any Public Monopolies within the CPA definition and accordingly there is no reporting requirement. The Town did not privatise any activities during 2017‑2018.

Local Laws

A review of the Town’s Local Laws shown below are currently being undertaken.

  • Town of Victoria Park Parking and Parking Facilities Local Law
  • Town of Victoria Park Parking Dogs Local Law 2010
  • Town of Victoria Park Standing Orders Local Law 2011

 

Local Government (Rules of Conduct) Regulations 2007

These regulations require the reporting of various offences by elected members, as prescribed by the Regulations. Elected members must comply with their obligations under the Local Government Act 1995 (the Act) and subsidiary legislation. Complaints about elected member conduct are to be made to the Complaints Officer who, in accordance with section 5.120 of the Act, must be a designated senior employee.  The Town’s Complaints Officer is the Chief Executive Officer. For the 2017-2018 financial year three complaints were received concerning elected members.  No action in relation to these complaints was undertaken by the Local Government Standard Panel.

Public Interest Disclosure

In accordance with the requirements of the Public Interest Disclosure Act 2003 (the PID Act), the Town has established procedures to facilitate the making of disclosures under the PID Act. These procedures set out the processes in place in respect to protected disclosures generally, to protect people from reprisals for making protected disclosures, and to provide guidance on investigations. In the 2017 2018 financial year no disclosures relating to improper conduct were made to the Town.

Compliance Audit Return

All local governments are required to carry out an annual compliance audit for the period 1 January to 31 December. The return includes a range of compliance categories to be met by local government.

The 2017 Compliance Audit Return was presented to Council on 13 February 2018. In all areas the Town was compliant in the 2017 Audit.  A certified copy of the Compliance Audit Return was submitted to the Director General of the Department of Local Government and Communities on 17 February 2018.

In addition to its statutory obligation the Town conducts its own quarterly in-house Compliance Audits to ensure it complies with its regulatory requirements pursuant to the Local Government Act 1995 (the Act). The Act prescribes that only an annual Compliance Audit is undertaken.

Register of financial interests for elected members and senior employees

The requirements of the Local Government Act 1995 (the Act) in reporting the financial interests of elected members and senior employees were complied with. This register was implemented on 1 July 1997 in accordance with the requirements of the Act. It is held in the Chief Executive Officer’s office and is available for viewing by the public, as well as being posted on the Town’s website for the public to access digitally.

On 3 March 2016 amendments to the Act, the Local Government (Administration) Regulations 1996 and the Local Government (Rules of Conduct) Regulations 2007 introduced a number of new requirements.

These require the Town of Victoria Park’s elected members and designated employees to disclose a gift and/or contributions to travel worth more than $200 to the Chief Executive Officer within 10 days of having received the gift. This includes multiple gifts or contributions from the same donor where the total value is over $200. 

Governance Framework

The Town has in place a Corporate Governance Framework endorsed by Council to ensure the services and facilities provided are by proper and democratic government, to the people who have a stakeholder interest in the region, including residents, commercial and retail business, those people who work within the district, and local, national and international visitors.

Governance is an important concept and impacts on all sectors of the community. The practice of good governance is increasingly seen as critical for ensuring:

  • the organisation meets legal and ethical compliance
  • decisions are made in the interests of all stakeholders
  • the organisation behaves as a good corporate citizen.

Employee Remuneration

Determination of the Salaries and Allowances Tribunal – Chief Executive Officer Remuneration

The Salaries and Allowances Tribunal (”the Tribunal”) is an independent statutory authority empowered with the responsibility of determining, amongst other matters, the total remuneration payment range of the Chief Executive Officer.

This is set out in Section 7A of the Salaries and Allowances Act 1975, which requires the Tribunal, at intervals of not more than 12 months, to "inquire into and determine, the amount of remuneration, or the minimum and maximum amounts of remuneration, to be paid or provided to chief executive officers of local governments".

The Tribunal has, for the period 1 July 2017 to 30 June 2018, determined the Town of Victoria Park to be a Band 2 local government for the purposes of determining the total remuneration payable to the Chief Executive Officer. The total remuneration payment range, as determined by the Tribunal, is to be between $204,455 and $316,586.

For the purposes of disclosure, the following table shows the breakdown of the remuneration package for the Chief Executive Officer as at 30 June 2018. At no time during the financial year did the total remuneration package fall outside the range determined by the Tribunal. 

Defined Benefit

As at 30 June 2018

Cash Salary

$268,165

Packaged Benefits

$43,151

Total Remuneration Package

$311,316

 

Employees with a salary greater than $100,000

The table below is prepared in accordance with Section 19B of the Local Government (Administration) Regulations 1996. This Section requires that the Town of Victoria Park reports, in bands of $10,000, the number of employees entitled to an annual salary of $100,000 or more at 30 June 2018.

Salary Band $          2018  2017  2016 
100,000‑109,999   5 6
110,000‑119,999  


120,000‑129,999   3
8
130,000-139,999   10 9  
140,000-149,999  
 
150,000-159,999  


160,000-169,999  

1
170,000-179,999  
3 4
180,000-189,999   3

190,000-199,999  


200,000-209,999  


210,000-219,999  


220,000-229,999  


230,000-239,999  


240,000-249,999  


250,000-259,999  

1
260,000-269,999   1 1
Total    22  19  14

 

Risk Management

It is the Town’s policy to achieve best practice (aligned with AS/NZS ISO 31000:2009 Risk management) in the management of all risks that may affect the Town, its customers, people, assets, functions, objectives, operations or members of the public.

Risk management forms part of the strategic, operational, project and line management responsibilities and where possible, is incorporated within the Town’s Integrated Planning and Reporting Framework.

The Council will determine the Risk Management Policy and the Town’s C-Suite (Executive Management Team) will communicate the policy, objectives and procedures, as well as directing and monitoring implementation, practice and performance.

Every employee of the Town is recognised as having a role in risk management from the identification of risks to implementing risk treatments and is invited and encouraged to participate in the process.

The Town’s Risk Management Framework is required to be reviewed for appropriateness and effectiveness at least every two years.  The next review is due to be presented to the Finance and Audit Committee in November 2018.

Information Management

The Town is committed to meeting the requirements of the State Records Act 2000 through best practice record keeping. The Town’s records management platform allows for the secure centralised storage of records created and received by the Town. The number of records captured in the system during 2017-2018 was 212,234.

An amended Record Keeping Plan (RKP) for the Town was approved by the State Records Commission in March 2017. The Town is required to review its RKP again in 2022. The RKP sets out matters about how records are created and how the Town retains it records.

A comprehensive electronic records management training program was delivered with a total of 206 staff attending. These training sessions comprised  62 one-to-one training sessions and 144 refresher training sessions. The program ensures employees are aware of their roles and responsibilities in regards to their compliance with the Town’s RKP.

Records management training covers the following key areas.

  • Record keeping inductions ‑ focusing on the Town’s record keeping processes.
  • Record keeping system training ‑ focusing on the management of records through TRIM.
  • Record awareness training – focusing on the Town’s obligations under the State Records Act 2000.

Freedom of Information

In accordance with the Freedom of Information Act 1992 (FOI) a total of 22 applications were processed during the year. The average processing time was 37 days which is within the regulated timeframe.

The Town’s Information Statement outlines the Freedom of Information process and lists the types of documents available inside and outside of Freedom of Information.

Disability Access and Inclusion

Since 1995 it has been a requirement under the Disability Services Act 1993 that all public authorities prepare and implement a Disability Access and Inclusion Plan (DAIP) to improve access to their services for people with disability.  The Act requires public authorities to lodge a DAIP to the Disability Services Commission (now Department of Communities) and further is required to report on its DAIP in the Annual Report.

In September 2017 a new five year DAIP was endorsed by Council after a nine month community and organisational consultation process. Thirty one strategies were identified as meeting seven DAIP outcomes in the areas of services and events; buildings and facilities; information; level and quality of service; complaints; consultation; and employment. 

Some of the projects and activities rolled out in 2017-2018 across the organisation include:

  • New Employee DAIP Induction
  • Disability Awareness in the Built Environment Training
  • Implementation Plan Framework
  • Accessible and Inclusive Events Organisation Manual
  • AUSLAN Translation Services at Twilight Trio Concert Series
  • Administration Centre Access Audit Projects

Further, the Town aims to operationalise the DAIP through embedding the principles of access and inclusion into procedures and programs. To do this the Town will consult regularly with people who have a lived or professional experience of disability in the community via a newly formed Access and Inclusion Community Reference Group. This group will provide representative input and advice around access and inclusion with reference to the Town’s plans, activities, programs and processes. Regular consultation with people impacted by access and inclusion issues reflects the vision, Town of Victoria Park: A dynamic place for everyone’.

Disability Access and Inclusion Plan Consultation to Implementation

Community Feedback on Draft DAIP Consultation (11 July to 8 August)

  • 17 organisations contributed during the review process
  • 140 comments received overall to help inform the new DAIP
  • 6  Media Releases/Advertisements in the Southern Gazette Newspaper throughout process
  • Endorsed by Council on 12 September 2017
  • 100% meets the requirements of the Disability Services Act 1993 (Advice 23 November 2018)
  • 400 hard copies of DAIP distributed within the organisation and the community
  • 2 Braille and Audio copies of DAIP produced for community, held  at VisAbility and Town library
  • 1 collaborative event to launch the new DAIP as part of the Thank a Volunteer “Breakfast of Champions” during Disability Awareness Week, held on 5 December 2017

Disability Awareness Initiatives

  • 4  DAIP Awareness Presentations delivered as part of the New Employee Induction Program from February 2018
  • 1  WA Access and Inclusion Officers Network Group meeting at VisAbility WA held on 14 February 2018
  • 4 Town officers attended Inclusive Events Training at City of Belmont on 8 May 2018
  • 21 Town officers participated in Disability Awareness in the Built Environment Training on 21 June 2018
  • 19 applications received for the Access and Inclusion Community Reference Group
  • 100 % compliance with legislative requirements with DAIP Annual Report submitted to Department of Communities on 29 June 2018