Policy library

Please find below the policies of Council adopted under Section 2.7 of the Local Government Act 1995.

73 Result(s) Found

Policy

An employee shall commence the taking of long service leave within six (6) months after it becomes due.

Where in the opinion of the CEO it is advantageous or not to the detriment of the Town, an employee due to take long service leave may be granted approval to:

  • defer the leave, or
  • take the leave in two parts, or
  • take the leave in half the time (6.5 weeks) at double pay.

Provided the leave is commenced no later than two(2) years from the date it became due, and completed within 4 months of that commencement date, the rate of pay for the leave shall be the rate that is applicable at the time the leave is commenced. The rate of pay for long service leave – or any part thereof - deferred beyond 2 years and 4 months shall remain fixed at the rate in existence on the second anniversary after the leave originally became due.

 

Policy

The Town shall undertake to sustainably provide and manage infrastructure assets that support the delivery of agreed services in line with its Strategic Vision (Strategic Community Plan), for current and future stakeholders. This will be achieved through:

  • A commitment to continuous improvement in its organisational asset management practices;
  • A commitment to developing the asset and financial management proficiency of its Councilors and staff;
  • Ensuring that Councilors and staff clearly understand their organisational asset management responsibilities;
  • Adopting and applying appropriate and sustainable asset management practices and principles that form the basis of long term decision making;
  • Developing and implementing an asset management framework, as part of a broader organisational Integrated Planning and Reporting Framework, and that includes a vision, strategy and plans;
  • Ensuring that asset management decisions consider, and integrate with, other key Town policies and plans (e.g. Long Term Financial Plan);
  • Developing and implementing a reporting framework for asset management activities;
  • Managing assets in a whole-of-life manner;
  • Giving priority to the needs of current assets and services over future ones; and
  • Establishing level of service targets through community consultation and reporting the Town’s performance against these.

Procedure

The following Responsibility and Reporting framework shall be established and maintained in order to ensure an organisational approach to Asset Management exists:

1. The Town shall seek to be a leading local government in Asset Management.

2. Council is responsible for approving (including amendments to) the Asset Management Policy, Asset Management Strategy and Asset Management Plans. It shall ensure that sufficient resources are allocated to achieve the objectives of these documents.

3. The Strategic Management Team (SMT) will ensure that strategies are in place for the successful implementation of Asset Management and report to Council, as required, on significant matters relating to Asset Management.

4. An organisational Asset Management Working Group (AMWG) will be responsible for the development, implementation and review of the Asset Management Strategy and Plans. The AMWG shall report to the SMT as required on the Town’s asset management performance. The overall purpose of the AMWG is to ensure a coordinated and integrated approach to asset management is achieved across the entire organisation. Attachment A defines the AMWG’s scope, role and membership. The AMWG is to be crossfunctional and multi discipline.

The Town considers assets (such as infrastructure, land, plant and equipment) to be physical items that support the delivery of one of more of the following services:

  • Property
  • Recreation
  • Transport
  • Plant & Equipment
  • Information Technology
  • Waste Management

The Asset Management Policy shall apply to all assets which are required to be managed by the Town, and where their components have a useful life of more than one year and have a replacement cost greater than $1,000.

The Town will develop, maintain and implement an integrated asset management framework broadly in line with the WA State Government’s Department of Local Government and Communities’ Integrated Planning and Reporting Framework (IPRF). The Town’s Framework shall be documented in its Asset Management Strategy.

The Town shall take a sustainable and holistic lifecycle approach when considering decisions to renew, upgrade or acquire (new) assets and apply the following principles:

1. That adequate research has been conducted into:

  • other key Town Policies and Plans so that the asset aligns with desired strategic outcomes;
  • the asset to ensure that it will deliver significant, direct and tangible benefits to its stakeholders;
  • the asset’s whole of life costs in order to identify potential impacts on rates and charges; and
  • ensuring that the asset will remain sustainable over its lifecycle.

2. That the asset’s lifecycle costs have been identified and are appropriated captured within its respective Asset Management Plan. With respect to the management of land and property assets, Council Policy GEN7 shall apply.

Long term asset and financial management priority will be given to the resource needs of asset renewal, before upgraded or new assets. Asset Management Plans for all service areas will be prepared in accordance with the IPWEA’s International Infrastructure Management Manual’s (IIMM) recommended format.

Asset service delivery performance levels will be developed through appropriate stakeholder engagement methods. Asset performance against these levels will be documented within the AMPs and reported to Council, staff and stakeholders.

Underperforming assets, and/or those determined to not align with the Strategic Community Plan, will be reviewed to determine whether they are required and may then be considered for upgrade, replacement or disposal.

The Town will develop and maintain accurate asset data inventories that support the needs of the organisation and its asset management policy, strategy and plans. This shall be done using industry leading asset management software and data management practices.

 

 

Policy

1. SCOPE

This Policy provides a framework to guide Council in the effective management of its land and property assets with the view to increasing the future economic capacity of the Town of Victoria Park and assisting the delivery of Objectives outlined in the Strategic Community Plan.

 Specifically the Town’s land and property assets will be used to achieve the following:

  • The delivery of strategic projects as identified in the Strategic Community 
  • The facilitation of environmental, economic and social benefits to the Community;
  • The stimulation and regeneration of areas within the Town of Victoria Park;
  • Where appropriate enable the adoption of a commercial approach to the management of land and property assets capable of producing an income; and
  • Development of non-operational land and property assets that will facilitate additional income streams for the Town.

2. DEFINITIONS

In applying the Scope and Principles of this Policy, the Council will categorise all land and property assets in accordance with the following established Definitions for the purpose of consistency, risk management and performance outcomes.

Surplus properties

Surplus properties are considered to be of no benefit to either the community through the delivery of services or to the Town as part of a more strategic land holding, part of a land bank of property assets or for any other purpose. i.e. surplus to requirements.

Civic properties Civic properties are used for the delivery of services provided by the Town to the Community. These properties differentiate from Public Open Space and Other Reserves in that they may be held in freehold title by the Town
Commercial properties Commercial properties are held by the Town purely for the commercial return provided through the lease of the property to other entities. Such properties are not anticipated to provide services to the community but will yield an appropriate rate of return (on the capital value of the property) as a commercial proposition subject to appropriate levels of risk as determined by the Town 
Investment properties Investment properties differ from Commercial Properties in that they have the potential to contribute towards the achievement of broader planning, social or strategic objectives of the Town. Whilst such properties may include a commercial undertaking, subject to a commercial agreement between a third party and the Town, the purpose of the Town’s ownership of the property is as a contributory factor towards other outcomes rather than purely for commercial returns on the property investment. i.e. Urban Renewal Projects.
Residential properties Residential properties are designed to provide residential facilities only. Such properties may be provided directly by the Town to the end user, or as part of an agreement with another agency or residential service provider.
Utility properties

Utility properties are used to deliver utility services such as drainage or other key utility functions. The delivery of utility services should be subject to review to ensure that the location from which the service is being delivered is suitable, the need for the utility service can be validated and the tenure of the property does not result in the Town having a significant value of freehold assets set aside for such uses with little opportunity to realise the value of these assets at any time in the future

Public open space and other Public Open Space and others reserved properties are most often held as reserves vested in the care, control and management of the Town. Such properties may provide an active service but may also include properties that have little activation but provide other tangible community benefits through environmental protection or community recreational amenity.

3. PRINCIPLES

The Council will manage its property assets with the view to:

(1) Increasing the Town’s social, economic and environmental sustainability;

(2) Increasing the Town’s financial capacity;

(3) Providing essential services and facilities; and

(4) Developing an investment portfolio capable of providing income generation.

4 USE OF PROCEEDS

(1) The proceeds from the effective management of Council land and property assets are to be used in the delivery of essential services, facilities and projects which provide for a community benefit. 

(2) The allocation of such proceeds will have due regard to the Council’s Strategic Community Plan, Corporate Business Plan, Long Term Financial Plan and relevant Policies.

(3) The Council will consider the use of funds in the development of its land and property assets where an appropriate community, social, environmental or economic benefit can be demonstrated.

(4) The proceeds derived from the application of this Policy will be allocated in accordance with the prevailing Financial Management Policies of the Council and in accordance with any Reserve Fund established for that purpose.

5. APPLICATION OF POLICY

In applying this Policy, the Council will:

1. Ensure all statutory and applicable governance requirements required by the Local Government Act 1995, associated Regulations and any other applicable legislation are adhered to.

2. Ensure that this Policy complies with all other relevant Council Policies and practices.

3. Ensure that suitable community engagement is undertaken as a fundamental component of any proposal to dispose of land and property assets in accordance with the Local Government Act 1995.

6. ACQUISITION AND DISPOSAL OF LAND AND PROPERTY ASSETS

The Council will only consider the acquisition and disposal of land after the following steps have been taken:

1. A thorough analysis of applicable financial, social and/or environmental benefits, undertaken in accordance with the established Procedure or any other endorsed template or methodology.

2. Consideration has been given to the disposal of land and property by means of auction, tender or private treaty dependent upon the specific circumstances of the proposed disposal and in accordance with the provisions of the Local Government Act 1995.

3. The acquisition or disposal follows a strategic approach to all land and property assets owned or controlled by the Town of Victoria Park in preference to considering properties only on a case by case basis.

4. Appropriate risk management strategies have been applied in accordance with any adopted Risk Management Policy.

7. PERFORMANCE MANAGEMENT

The Council will give consideration to the establishment of a Business Plan and specific performance management indicators to guide its property asset development.

Such performance management indicators will provide the means by which the performance of land and property assets can be monitored and reported to the community and will enable the Council to consider acquisitions and disposals of land and property assets cognisant of these indicators and the benefit or disbenefit such acquisitions and disposals may generate.

Procedure

The supporting Procedure to this Policy document is provided as a separate confidential document. For access to Procedure GEN7 contact the Director Future Life & Built Life Programs for access permission.

 

 

 

Policy number Policy 001
Policy title Policy management and development
Strategic outcomes supported CL8 – Visionary civic leadership with sound and accountable governance that reflects objective decision making.

 

Policy objective:

To provide for the processes for the making, evaluation and management of policies and management practices.

Policy scope:

This policy applies across the Town.

Definitions:

policy evaluation is the examination of the implementation or impact of a policy, with the intent of determining its success against reaching its objectives, and intended impact. 

policy review entails a broad review of the content of each policy to allow for minor amendments, including changes to formatting, spelling and grammar, rewording of sections to increase clarity, standardisation of terms used, and the updating of references to relevant legislation and other documents. Any amendments arising from a policy review should not alter the purpose or objective of the policy.

Policy statement:

1. Pursuant to section 2.7(2)(b) of the Local Government Act 1995, Council determines the policies of the local government.

2. A policy is the Council’s position on a particular matter, and is to guide the Town in undertaking administrative actions relevant to the policy.  It is not intended to provide administrative detail, but rather to set out a general direction and guidance.

3. Some policies may be accompanied by supplementary documentation to ensure that the application of the policy is clear and consistent. The hierarchy of policy documents are as follows

a. Policy - Strategic direction adopted by Council. This document is public and is intended for all those that live in, work for, or have dealings with the Town

b. Management Practice – Administrative detail on how principles set out by the policy will be carried out by the Town. This document is for internal use by the Town’s officers.   Management practices are to be made under policies by the Council or other relevant legislative instruments and must be consistent with the policy under which they are made. Management practices shall outline how a policy is to be implemented, particularly any administrative processes necessary to give effect to a policy. Management practices are approved by the CEO in the manner as set out in the practice. 

c. Guideline – Further information explaining the practical application of the policy. This document is intended for the general public and will be made available on the Town’s website.

Guidelines are made as a supplement to the Council policy. They do not bind the Town, its officers or Elected Members. Guidelines are intended to assist members of the community by setting out as simply and clearly as possible the Town’s approach in applying an adopted policy 

Guidelines are approved by the CEO in the manner as set out in the practice.

Guiding Principles

4. Policies, management practices will be concise, clear, consistent and compliant.

a. Concise – policies will state no more than is necessary to direct decision making and clarify expected conduct.

b. Clear – policies and management practices will be written, in plain English, to avoid ambiguity and to be easily understood by the people affected.

c. Consistent – policies and management practices will encompass and be consistent with the Town’s strategic goals, values, risk appetite and template documents.

d. Compliant – policies and management practices will comply with all relevant compliance obligations and commitments and the Town’s governance framework.

5. It is acknowledged that there are three key stakeholders with differing relationships in policy development:

a. Officers develop and write policies, engage the community in the policy development process and conduct policy evaluations

b. Community members participate in co-creation and consultation processes to inform policy development

c.Elected members set policies for the Town by considering policies presented for adoption, review and evaluation.

Policy Management and Development Principles

6. A policy response will be considered where there is either complexity or lack of clarity in one or a combination of any of the following circumstances:

a. legislative requirement

b. new or changing industry and organisational standards

c. to meet the Town’s strategic objectives

d. community need or expectation

e. advocacy on issues that Council considers to be significant

f. as a result of a Council resolution

7. Further, a policy response will only be proposed where it can be demonstrated that the policy will deliver:

a. clarity and consistency in decision making

b. improved efficiency and effectiveness

c. improved customer / community outcomes

8. Each policy to be created, reviewed or evaluated, is to be assessed against the principles set out in the Town’s Public Participation Policy to ensure that an appropriate level of community engagement has been undertaken before the policy is presented to Council.

9. A policy review of the full policy manual is to occur annually.

10. A policy evaluation is to occur for each policy at least once every four years.  

11. All policies are to be available on the Town’s website.

Related Documents:

Local Government Act 1995 (WA)

Practice 001.1 Policy development practice

Policy 103 Public participation

Policy manager Manager - Governance and Strategy
Responsible officers Governance Officer - Compliance
Approval authority Council
Next evaluation date  

Revision History

Version Approved, Amended, Rescinded Date Authority Resolution number Key changes/notes
 1 Approved 21/05/2019 Council 84/2019 Item 10.1

 

Policy number Policy 002
Policy title Appeals against Town policy
Strategic outcomes supported CL8 – Visionary civic leadership with sound and accountable governance that reflects objective decision making.

 

Policy objective:

To provide for appeals against Town policy.

Policy scope:

This policy applies to the policies of the Town.

Definitions:

a person means:

a. An owner or occupier of property within the Town

b. An authorised agent of an owner or occupier of property within the Town

c. An employee of an owner or occupier of property within the Tow

d. An employee of the Town.

Policy statement:

  1. A person objecting to or aggrieved by a Town policy may appeal against that policy.

     

  2. Any person other than those listed above may object to any Town policy but such objection shall be restricted to the wording or formulation of the policy, not its intent.

     

  3. Appeals and objections are to be submitted in writing, clearly stating the grounds for the appeal or objection.

     

  4. Every appeal will be referred to, and determined by, the Council.

Related Documents:

Local Government Act 1995 (WA)

Policy manager Manager - Governance and Strategy
Responsible officers Governance Officer - Compliance
Approval authority Council
Next evaluation date  

Revision History

Version Approved, Amended, Rescinded Date Authority Resolution number Key changes/notes
1 Approved 28/09/1999 Council - Item 4.1
1 Reviewed 15/08/2006 Council - Item 4.1
1 Reviewed 09/07/2013 Council - Item 10.1
1 Reviewed 11/08/2015 Council - Item 10.1
2 Reviewed and Amended 20/08/2019 Council 148/2019 Item 10.1

 

Policy number Policy 003
Policy title Legal advice
Strategic outcomes supported CL8 – Visionary civic leadership with sound and accountable governance that reflects objective decision making.

 

Policy objective:

To establish the considerations prior to seeking legal advice.

Policy scope:

This policy applies to the intended procurement of any legal advice or legal representation by the Town 

Definitions:

legal advice means:

a. the procurement of specialist advice for areas of work where there are gaps in specialist and/or legal knowledge within the Town; or

b. for the engagement of legal representation in a court or tribunal.

Policy statement:

1. To prescribe procedures for the Town’s administration in obtaining legal advice or engaging legal representation to ensure the most efficient and effective use of these resources.

Introduction

2. The Town will seek expert legal advice where, in the opinion of the Chief Executive Officer, that advice is required to:

a. minimise the potential risk of litigation;

b. obtain assistance on interpretation and implications of relevant new and/or existing legislation or legal precedent;

c. clarify statutory powers and responsibilities;

d. clarify the Town’s responsibility to take action to protect the health, safety and well-being of the Town’s ratepayers/residents, general public and protection of property;

e. ensure the best commercial outcome for the Town; or

f. represent the Town in matters proceeding to a court or tribunal. 

Authorisation

3. The Chief Executive Officer only will be able to access legal advice.

4. Where necessary, the Chief Executive Officer may approve of other employees obtaining legal advice.

Legal advice

5. The legal advice will be sought from the panel of legal practitioners established by the Western Australian Local Government Association as updated from time to time, or from another legal firm having specialised expertise in the matter being considered in accordance with Policy 301 Purchasing.

6. All legal advice will be recorded in a Legal Register or appropriate file.

Procedure

Introduction

7. Many legislative duties and functions are discharged on a daily basis through employees being aware of legislation which they are authorised to administer as well as through the development and implementation of policies and procedures.

8. There may be occasions, where new, unfamiliar, urgent or potentially high risk circumstances emerge which are not covered by the Town’s standard procedures or documentation.  In these circumstances, it may be necessary to seek further advice.

Risk Assessment

9. In circumstances where legal advice is being obtained it will usually be necessary to undertake a Risk Assessment.

 

 

10. Factors that need to be considered in determining whether professional legal advice may be required include:

a. Actual or potential risk of litigation;

b. Assistance on interpretation and implications of relevant new and/or existing legal precedent or legislation;

c. Lack of clarify around statutory position, powers or responsibilities;

d. The responsibility of the Town to take responsible action to protect the health, safety and wellbeing of the Town’s ratepayers/residents, general public and protection of property;

e. The need to be represented by legal counsel in a court or tribunal.

11. By the nature of the Town’s business and its position as a public authority, legislative compliance is a statutory duty.

Requesting Legal Advice

12. For certain matters it may be possible to obtain legal advice quickly over the telephone.

13. To assist the Town’s legal advisers to provide comprehensive advice, where possible, it will be necessary to include details of all relevant factors provided or reference all relevant documentation and outline specific issues on which advice is being sought.

14. Any guidance or advice given should ideally be given in writing.  Careful consideration needs to be given to the method of communication to ensure that confidentiality and the rules around transmission of confidential material are adhered to.

15. In the unlikely event that legal advice is required out of hours, this should be referred to the Chief Executive Officer for authorisation.

Recording and Monitoring

16. The advice should be recorded on the Legal Advice Register or appropriate file, which will become a reference point for Authorised Persons and is to be reviewed prior to making legal enquires.  This will help to develop a knowledge base on the legal matters within the Town.

Legal Advice Providers

17. The Town will obtain legal advice from:

a. The Western Australian Local Government Association’s Legal Services Panel of Preferred Suppliers; or

 b. Another legal firm having expertise in the matter being sought.

Internal Procedure

 

18. The following procedure is to be followed:

a. Prior to contacting any solicitors/lawyers for any advice, a ‘Legal Advice Authorisation Form’ as prescribed by the Chief Executive Officer to be completed and the matter is to be referred (either by memorandum or orally) to the Chief Executive Officer

b. The Town will seek preliminary advice from the Western Australian Local Government Association’s Legal Services Panel of Preferred Suppliers (or at least two of them) as to the prospect of success of any action/appeal and an estimate of fees/costs.

c. After considering the legal firm’s response, the Chief Executive Officer may prescribe a maximum amount which is not to be exceeded unless a variation is subsequently approved.

Authorised Persons

 

19. Where an employee has been authorised to make a direct approach to external legal advisers, they are individually responsible for ensuring that the firm approached is on the Western Australian Local Government Association’s Legal Services Panel of Preferred Suppliers.  If consideration is being given to the use of another firm, approval should be obtained from the Chief Executive Officer.

All Employees to Comply with the Policy Procedure

 

20. All employees must comply with this procedure.  In particular, employees are reminded that there shall be no direct approach to external legal advisers without proper authorisation, and that any contact or correspondence relating to matters of civil or criminal liability should be passed immediately to their relevant Chief or the Chief Executive Officer.

Implementation

 

21. All Chiefs and Managers are responsible for ensuring that all employees within their Programs and Sections have read and understood this document and are competent to carry out their duties in accordance with this Policy and Procedure.

Related Documents:

Local Government Act 1995 (WA)

Policy manager Manager - Governance and Strategy
Responsible officers Governance Officer - Compliance
Approval authority Council
Next evaluation date  

 

Revision History

Version Approved, Amended, Rescinded Date Authority Resolution number Key changes/notes
1 Approved 22/02/2011 Council - Item 11.2
1 Reviewed 09/07/2013 Council - Item 10.1
1 Reviewed 11/08/2015 Council - Item 10.1
2 Reviewed and Amended 20/08/2019 Council 148/2019 Item 10.1

 

Policy number Policy 004
Policy title Risk Management
Strategic outcomes supported CL8 – Visionary civic leadership with sound and accountable governance that reflects objective decision making.

 

Policy objective:

The Town of Victoria Park (the ‘Town’) Risk Management Policy documents the commitment and objectives regarding managing uncertainty that may impact the Town’s strategies, goals or objectives.

Policy scope:

This policy applies across all Town decision making and integrated reporting and planning.

Definitions:

legal advice means:

a. the procurement of specialist advice for areas of work where there are gaps in specialist and/or legal knowledge within the Town; or

b. for the engagement of legal representation in a court or tribunal.

Policy statement:

1. To prescribe procedures for the Town’s administration in obtaining legal advice or engaging legal representation to ensure the most efficient and effective use of these resources.

Introduction

2. The Town will seek expert legal advice where, in the opinion of the Chief Executive Officer, that advice is required to:

a. minimise the potential risk of litigation;

b. obtain assistance on interpretation and implications of relevant new and/or existing legislation or legal precedent;

c. clarify statutory powers and responsibilities;

d. clarify the Town’s responsibility to take action to protect the health, safety and well-being of the Town’s ratepayers/residents, general public and protection of property;

e. ensure the best commercial outcome for the Town; or

f. represent the Town in matters proceeding to a court or tribunal. 

Authorisation

3. The Chief Executive Officer only will be able to access legal advice.

4. Where necessary, the Chief Executive Officer may approve of other employees obtaining legal advice.

Legal advice

5. The legal advice will be sought from the panel of legal practitioners established by the Western Australian Local Government Association as updated from time to time, or from another legal firm having specialised expertise in the matter being considered in accordance with Policy 301 Purchasing.

6. All legal advice will be recorded in a Legal Register or appropriate file.

Procedure

Introduction

7. Many legislative duties and functions are discharged on a daily basis through employees being aware of legislation which they are authorised to administer as well as through the development and implementation of policies and procedures.

8. There may be occasions, where new, unfamiliar, urgent or potentially high risk circumstances emerge which are not covered by the Town’s standard procedures or documentation.  In these circumstances, it may be necessary to seek further advice.

Risk Assessment

9. In circumstances where legal advice is being obtained it will usually be necessary to undertake a Risk Assessment.

 

 

10. Factors that need to be considered in determining whether professional legal advice may be required include:

a. Actual or potential risk of litigation;

b. Assistance on interpretation and implications of relevant new and/or existing legal precedent or legislation;

c. Lack of clarify around statutory position, powers or responsibilities;

d. The responsibility of the Town to take responsible action to protect the health, safety and wellbeing of the Town’s ratepayers/residents, general public and protection of property;

e. The need to be represented by legal counsel in a court or tribunal.

11. By the nature of the Town’s business and its position as a public authority, legislative compliance is a statutory duty.

Requesting Legal Advice

12. For certain matters it may be possible to obtain legal advice quickly over the telephone.

13. To assist the Town’s legal advisers to provide comprehensive advice, where possible, it will be necessary to include details of all relevant factors provided or reference all relevant documentation and outline specific issues on which advice is being sought.

14. Any guidance or advice given should ideally be given in writing.  Careful consideration needs to be given to the method of communication to ensure that confidentiality and the rules around transmission of confidential material are adhered to.

15. In the unlikely event that legal advice is required out of hours, this should be referred to the Chief Executive Officer for authorisation.

Recording and Monitoring

16. The advice should be recorded on the Legal Advice Register or appropriate file, which will become a reference point for Authorised Persons and is to be reviewed prior to making legal enquires.  This will help to develop a knowledge base on the legal matters within the Town.

Legal Advice Providers

17. The Town will obtain legal advice from:

a. The Western Australian Local Government Association’s Legal Services Panel of Preferred Suppliers; or

 b. Another legal firm having expertise in the matter being sought.

Internal Procedure

 

18. The following procedure is to be followed:

a. Prior to contacting any solicitors/lawyers for any advice, a ‘Legal Advice Authorisation Form’ as prescribed by the Chief Executive Officer to be completed and the matter is to be referred (either by memorandum or orally) to the Chief Executive Officer

b. The Town will seek preliminary advice from the Western Australian Local Government Association’s Legal Services Panel of Preferred Suppliers (or at least two of them) as to the prospect of success of any action/appeal and an estimate of fees/costs.

c. After considering the legal firm’s response, the Chief Executive Officer may prescribe a maximum amount which is not to be exceeded unless a variation is subsequently approved.

Authorised Persons

 

19. Where an employee has been authorised to make a direct approach to external legal advisers, they are individually responsible for ensuring that the firm approached is on the Western Australian Local Government Association’s Legal Services Panel of Preferred Suppliers.  If consideration is being given to the use of another firm, approval should be obtained from the Chief Executive Officer.

All Employees to Comply with the Policy Procedure

 

20. All employees must comply with this procedure.  In particular, employees are reminded that there shall be no direct approach to external legal advisers without proper authorisation, and that any contact or correspondence relating to matters of civil or criminal liability should be passed immediately to their relevant Chief or the Chief Executive Officer.

Implementation

 

21. All Chiefs and Managers are responsible for ensuring that all employees within their Programs and Sections have read and understood this document and are competent to carry out their duties in accordance with this Policy and Procedure.

Related Documents:

Local Government Act 1995 (WA)

Policy manager Manager - Governance and Strategy
Responsible officers Governance Officer - Compliance
Approval authority Council
Next evaluation date  

 

Revision History

Version Approved, Amended, Rescinded Date Authority Resolution number Key changes/notes
1 Approved 08/11/2016 Council - Item 10.1
2 Reviewed and Amended 20/08/2019 Council 148/2019 Item 10.1

 

Policy number Policy 006
Policy title Gratiuty payments to employees
Strategic outcomes supported

CL5 – Innovative, empowered and responsible organisational culture with the right people in the right jobs.

CL8 – Visionary civic leadership with sound and accountable governance that reflects objective decision making.

 

Policy objective:

To detail the amount and process for gratuity payments to employees.

Policy scope:

This policy applies to all payments over and above an employee’s entitlements upon retirement or resignation from the Town.

Definitions:

gratuity benefit means any payment of monies in excess of any contractual or award entitlement and/or the disposition of Town property but it does not include a farewell gift to a value not exceeding $500 and/or a farewell function not exceeding $50 per head to a maximum of $1500.

Policy statement:

In the event that Council, either on its own initiative or on a recommendation from the Chief Executive Officer, decides that it intends to confer a gratuity benefit on an employee who retires or resigns from full-time employment with the Town, the details of the intended gratuity shall be published in accordance with the provisions of s.5.50.(2) of the Local Government Act 1995.

Related Documents:

Local Government Act 1995 (WA)

Policy manager Manager - People and Culture
Responsible officers Not applicable.
Approval authority Council
Next evaluation date  

 

Revision History

Version Approved, Amended, Rescinded Date Authority Resolution number Key changes/notes
1 Approved 28/09/1999 Council - Item 4.1
2 Reviewed 17/08/2004 Council - Item 4.1
2 Reviewed 09/07/2013 Council - Item 10.1
2 Reviewed 11/08/2015 Council - Item 10.1
3 Reviewed and Amended 20/08/2019 Council 148/2019 Item 10.1

 

Policy number Policy 011
Policy title Caretaker
Strategic outcomes supported

CL8 – Visionary civic leadership with sound and accountable governance that reflects objective decision making.

 

Policy objective:

Elected members and Employees must observe specific legislative and governance requirements during the period leading up to an election.

The primary objective of this Policy is to prevent the Council of the Town of Victoria Park making major decisions, prior to an election, that would bind an incoming Council, prevent the use of public resources in ways that are seen as advantageous to, or promoting, the sitting elected members who are seeking re-election, or new candidates, and ensuring the Town of Victoria Park administration acts impartially in relation to candidates.

This policy applies during a ‘Caretaker Period’ (see below for a definition) to cover:

a)         Decisions that are made by the Council;

b)         Materials published by the Town;

c)         Attendance and participation in functions and events;

d)         Use of the Town’s resources; and

e)         Access to information held by the Town.

Policy scope:

This Caretaker policy applies to elected members and employees of the Town of Victoria Park.

Definitions:

Caretaker Period means the period of time when the caretaker practices are in place prior to the election. The caretaker practices will apply from the close of nominations (37 days prior to the Election Day – Section 4.49 (a) of the Local Government Act 1995) until 6.00pm on Election Day.

Election Day means the day fixed under the Local Government Act 1995 for the holding of any poll needed for an election.

Electoral Material means any advertisement, handbill, pamphlet, notice, letter or article that is intended or calculated to affect the result in an election but does not include:

a. An advertisement in a newspaper announcing the holding of a meeting (Section 4.87 (3) of the Local Government Act 1995).

b. Any materials exempted under Regulation 78 of the Local Government (Elections) Regulations 1997.

c. Any materials produced by the Town relating to the election process by way of information, education or publicity, or materials produced by or on behalf of the Returning Officer for the purposes of conducting an election.

Extraordinary Circumstances means a situation that requires a major policy decision of the Council because:

a. In the Chief Executive Officer’s opinion, the urgency of the issue is such that it cannot wait until after the election;

b. Of the possibility of legal and/or financial repercussions if a decision is deferred; or

c. In the Chief Executive Officer’s opinion, it is in the best interests of the Council and/or the Town of Victoria Park for the decision to be made as soon as possible.

Major Policy Decision means any:

a. Decisions relating to the employment, termination or remuneration of the Chief Executive Officer or any other designated senior officer, other than a decision to appoint an Acting Chief Executive Officer, or suspend the current Chief Executive Officer (in accordance with the terms of their contract), pending the election.

b. Decisions relating to the Town entering into a sponsorship arrangement with a total Town contribution that would constitute substantial expenditure unless that sponsorship arrangement has previously been granted “in principle” support by the Council and sufficient funds have been included in the Council’s annual budget to support the project.

c. Decisions relating to the Town entering into a commercial enterprise as defined by Section 3.59 of the Local Government Act 1995.

d. Decisions that would commit the Town to substantial expenditure or actions that, in the Chief Executive Officer’s opinion, are significant, such as that which might be brought about through a Notice of Motion by an Elected Member.

e. Decisions that, in the Chief Executive Officer’s opinion, will have significant impact on the Town of Victoria Park or the community.

f. Reports requested or initiated by an Elected Member, candidate or member of the public that, in the Chief Executive Officer’s opinion, could be perceived within the general community as an electoral issue and has the potential to call into question whether decisions are soundly based and in the best interests of the community.

Public Consultation means a process which involves an invitation to individuals, groups or organisations or the community generally to comment on an issue, proposed action or proposed policy but does not include consultation required to be undertaken in order to comply with a written law.

Substantial Expenditure means expenditure that exceeds 0.5% of the Town’s annual budgeted revenue (inclusive of GST) in the relevant financial year.

Policy statement: 

Scheduling Consideration of Major Policy Decisions

1. So far as is reasonably practicable, the Chief Executive Officer should avoid scheduling major policy decisions for consideration during a Caretaker Period, and instead ensure that such decisions are either:

a. Considered by the Council prior to the Caretaker Period; or

b. Scheduled for determination by the incoming Council.

2. Where extraordinary circumstances prevail, the Chief Executive Officer may submit a major policy decision to the Council (refer to clause 5).

 

Decisions Made Prior to a Caretaker Period

3. This Policy only applies to decisions made during a Caretaker Period, not the announcement of decisions made prior to the Caretaker period. Whilst announcements of either decisions may be made during a Caretaker Period, as far as practicable any such announcements should be made before the Caretaker Period begins or after it has concluded.

Implementation of Caretaker Practices

Role of the Chief Executive Officer in implementing Caretaker Practices

4. The role of the Chief Executive Officer in implementing the caretaker practices outlined in this policy is as follows:

a. The Chief Executive Officer will ensure as far as possible, that all Elected Members and Employees are aware of the Caretaker Policy and practices at least 30 days prior to the start of the Caretaker Period;

b. The Chief Executive Officer will ensure, as far as possible, that any major policy or significant decisions required to be made by the Council are scheduled for Council resolution prior to the Caretaker Period or deferred where possible for determination by the incoming Council;

c. The Chief Executive Officer will endeavour to make sure all announcements regarding decisions made by the Council, prior to the Caretaker Period, are publicised prior to the Caretaker Period; and

d. The Chief Executive Officer will provide guidelines for all relevant employees on their role and responsibilities in the implementation of this policy.

Extraordinary Circumstances Requiring Exemption

Extraordinary Circumstances

5. Notwithstanding clause 1, the Chief Executive Officer may, where extraordinary circumstances exist, permit a matter defined as a ‘major policy decision’ to be submitted to the Council for determination during the Caretaker Period.

Appointment or Removal of the Chief Executive Officer

6. Whilst this policy establishes that a Chief Executive Officer may not be appointed or dismissed during a Caretaker period, the Council may, where the substantive officer is on leave, appoint an Acting Chief Executive Officer, or in the case of an emergency, suspend the current Chief Executive Officer (in accordance with the terms of their contract) and appoint a person to act in the position of Chief Executive Officer, pending the election, after which date a permanent decision can be made.

Caretaker Statement

7. To assist the Council to comply with its commitment to appropriate decision making during the Caretaker Period, a Caretaker Statement will be included in each report submitted to the Council where the Council’s decision would, or could, be a Major Policy Decision. The Caretaker Statement will state:

“The decision the Council may make in relation to this item could constitute a ‘Major Policy Decision’ within the context of the Town of Victoria Park Caretaker Policy, however, an exemption should be made because, (insert the circumstances for making the exemption)”.

Town of Victoria Park Publications

Prohibition on Publishing Electoral Material

8. The Town shall not print, publish or distribute, or cause, permit or authorise others to print, publish or distribute on behalf of the Town, any advertisement, handbill, pamphlet or notice that contains ‘electoral material’ during the Caretaker Period.

Electoral material Relevant to Prohibition

9. Without limiting the generality of the generality of the definition of ‘electoral material’, material will be considered to be intended or likely to affect voting in the election if it contains an express or implicit reference to, or comment on:

a. The election; or

b. A candidate in the election; or

c. An issue submitted to, or otherwise before, the voters in connection with the election.

Candidate and/or Elected Members Publications

10. Candidates and/or elected members are permitted to publish campaign material on their own behalf but cannot claim for that material to be originating from or authorised by the Town.

Election Announcements

11. This policy does not prevent publications by the Town which merely announce the holding of the election or relate only to the election process itself.

Town of Victoria Park Publications

12. Any reference to elected members in the Town’s publications printed, published or distributed during the Caretaker Period must not include promotional text. Any of the Town’s publications that are potentially affected by this policy will be reviewed by the CEO to ensure that any circulated, displayed or otherwise publicly available material during the Caretaker Period does not contain material that may be construed as ‘electoral material’.

Town of Victoria Park Website

13. During the Caretaker Period the Town’s website will not contain any material which is precluded by this policy. Any references to the election will only relate to the election process. Information about elected members will be restricted to names and contact details.

Town of Victoria Park Elected Member Emails and Business Cards

14. During the Caretaker Period, elected members shall ensure that their allocated business cards are used only for purposes associated with the normal role of a elected member in servicing their electorate. Elected member business cards shall not be used in a manner that could be perceived as an electoral purpose. It should be noted that this prohibition on the use of the Town’s resources for electoral purposes is not restricted to the Caretaker Period.

Public Consultation during the Caretaker Period

Prohibition

15. It is prohibited under this policy for public consultation to be undertaken during the Caretaker Period (either new consultation or existing) on an issue which, in the Chief Executive Officer’s opinion, could be perceived as intended or calculated to affect the result of an election, unless authorised by the Chief Executive Officer.

16. This Policy does not prevent any mandatory public consultation required by the Local Government Act 1995 or any other relevant Act which is required to be undertaken to enable the Town to fulfil its functions.

Approval for Public Consultation

17. Given the prohibition under clause 15 of this policy, the elected members should not commission or approve any public consultation where it is likely that such consultation will continue into the Caretaker Period.

18. Where public consultation is approved to occur during the Caretaker Period, the results of that consultation will not be reported to the elected members until after the Caretaker Period, except where otherwise approved by the Chief Executive Officer or necessary for the performance of the Town’s functions as prescribed in the Local Government Act 1995 or any other relevant Act.

Attendance and Participating at Events/Functions

Public Events Hosted by External Bodies

19. Elected members may continue to attend events and functions hosted by external bodies during the Caretaker Period.

Town of Victoria Park Organised Civic Events/Functions

20. Events and/or functions organised by the Town of Victoria Park and held during the Caretaker Period will be limited to only those that the Chief Executive Officer considers essential to the operation of the Town, and should not in any way be associated with any issues that in the Chief Executive Officer’s opinion, are considered relevant, or likely to influence the outcome of, an election.

21. All known candidates are to be invited to civic events/functions organised by the Town during the Caretaker Period.

Addresses by Elected Members

22. Excluding the Mayor and Deputy Mayor fulfilling their functions as prescribed by sections 2.8 and 2.9 of the Local Government Act 1995, respectively, elected members that are also candidates should not, without the prior approval of the Chief Executive Officer, be permitted to make speeches or addresses at events/functions organised or sponsored by the Town during the Caretaker Period.

The Use of Town of Victoria Resources

23. The Town’s resources, including officers, support staff, hospitality services, equipment and stationery should be used exclusively for normal Town business. It should be noted that the prohibition on the use of the Town’s resources for electoral purposes is not restricted to the Caretaker Period.

24. The Town’s employees must not be asked to undertake any tasks connected directly or indirectly with an election campaign and should avoid assisting elected members in ways that could create a perception that they are being used for electoral purposes. In any circumstances where the use of Town resources might be construed as being related to a candidate’s election campaign, advice is to be sought from the Chief Executive Officer.

Access to Town Information and Assistance

Electoral Information and Assistance

25. All candidates will have equal rights to access public information, such as the electoral rolls (draft or past rolls), monthly enrolment details, and information relevant to their election campaigns from the Town’s administration.

26. Any assistance and advice provided to candidates as part of the conduct of the election will be provided equally to all candidates.

Media Advice

27. Any requests for media advice or assistance, from elected members during the Caretaker Period will be referred to the Chief Executive Officer. No media advice will be provided in relation to election issues or in regard to publicity that involves specific Elected Members. If satisfied that advice sought by an Elected Member during the Caretaker Period does not relate to the election or publicity involving any specific elected members, the Chief Executive Officer may authorise the provision of a response to such a request.

Publicity Campaigns

28. During the Caretaker Period, publicity campaigns, other than for the purpose of conducting (and promoting) the election will be avoided wherever possible. Where a publicity campaign is deemed necessary for a Town activity, it must be approved by the Chief Executive Officer. In any event, the Town’s publicity during the Caretaker Period will be restricted to communicating normal Town activities and initiatives.

Publicity – Elected Members

29. The use of photographs or articles featuring elected members whose terms of office expire at the next ordinary election shall not be used in any public advertisement or publication funded by the Town in the period commencing from 1 July to Election Day, in the year of the ordinary election, with the exception of their portraits on display at the various Town venues and in each edition of the Town’s Newsletter during that period.

Media Attention

30. Elected members will not use or access Town employees or resources to gain media attention in support for their or any other candidate’s election campaign.

Election Process Enquiries

31. All election process enquiries from candidates, whether current elected members or not, will be directed to the Returning Officer or, where the matter is outside of the responsibilities of the Returning Officer, to the Chief Executive Officer.

Related Documents:

Local Government Act 1995 (WA)

Local Government (Election) Regulations 1997

Policy manager Manager - Governance and Strategy 
Responsible officers Not applicable.
Approval authority Council
Next evaluation date  

 

Revision History

Version Approved, Amended, Rescinded Date Authority Resolution number Key changes/notes
1 Approved 28/09/1999 Council - Item 4.1
2 Amended 15/08/2006 Council - Item 4.1
3 Amended 27/11/2007 Council - Item 4.1
3 Reviewed 09/07/2013 Council - Item 10.1
3 Reviewed 11/08/2015 Council - Item 10.1
4 Amended 08/11/2016 Council - Item 15.4
5 Reviewed and Amended 20/08/2019 Council 148/2019 Item 10.1

 

Policy number Policy 012
Policy title Street listing of owners and occupiers
Strategic outcomes supported

CL8 – Visionary civic leadership with sound and accountable governance that reflects objective decision making.

 

Policy objective:

To provide elected members with the information regarding electors of the Town.

Policy scope:

This policy applies to elected members.

Definitions:

Nil.

Policy statement: 

1. A councillor is entitled to receive, annually and free of charge, one (1) copy of the street listing of owners and occupiers of property located within the Ward that they represent.

2. The mayor is entitled to receive, annually and free of charge, one (1) copy of the street listing of owners and occupiers of property located within the Town.

Related Documents:

Local Government Act 1995 (WA)

Policy manager Manager - Governance and Strategy 
Responsible officers Governance Officer - Council Support
Approval authority Council
Next evaluation date  

 

Revision History

Version Approved, Amended, Rescinded Date Authority Resolution number Key changes/notes
1 Approved 28/09/1999 Council - Item 4.1
2 Amended 15/08/2006 Council - Item 4.1
2 Reviewed 09/07/2013 Council - Item 10.1
2 Reviewed 11/08/2015 Council - Item 10.1
3 Reviewed and Amended 20/08/2019 Council 148/2019 Item 10.1
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