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

minor 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 and 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 Policy 103 - Communication and engagement, to ensure that an appropriate level of community engagement has been undertaken before the policy is presented to Council.

9. A minor policy review of all Council policies 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 - Policies

Policy 103 - Communication and engagement

Revision history

Policy objective:

To provide for review of decisions made under the policies of Council. 

Policy scope:

This policy applies in respect of the review of decisions made by the Chief Executive Officer (CEO) and other officers of the Town under the policies of Council. 

This policy does not apply if:

(a) a statutory process for review or appeal exists the State Administrative Tribunal or a court in respect of a decision
(b) the decision is made by a panel, committee, working group or similar body established by a policy. 

Definitions:

a person includes:

a. An owner or occupier of property within the Town
b. An employee or agent of an owner or occupier of property within the Town
c. A body corporate. 

but does not include an employee of the Town seeking a review of a decision relating to their employment. 

Policy means a policy adopted by Council under section 2.7 of the Local Government Act 1995. This does not include management practices or local planning policies made under the Planning and Development (Local Planning Scheme) Regulations 2015. 

Policy statement:

1. A person objecting to or aggrieved by a decision made by the CEO or an officer under a policy of Council may have that decision reviewed. 

2. In providing notice of a decision made under a policy, that notice of decision must contain information explaining that a person can seek to have that decision reviewed under this policy. 

3. Requests for a review of a decision are to be submitted in writing, in the form determined by the CEO, clearly stating the grounds for the review. 

4. A request for review of a decision must be made within 20 working days of the original decision being communicated to the person. 

5. Every request of review will be referred to, and determined by, the decision maker’s immediate supervisor and where the CEO is the decision maker, the Council.  

6. Where a request for review is received the Town will use its best endeavours to resolve the review within 20 working days. 

7. The CEO shall establish a management practice, which shall be made publicly available, to set out the relevant administrative matters relating to this policy. 

Related documents:

Local Government Act 1995

Revision history

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 (CEO), 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

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

Authorisation

3. The CEO only will be able to access legal advice.

4. Where necessary, the CEO 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 (WALGA) 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. WALGA'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 CEO to be completed and the matter is to be referred (either by memorandum or orally) to the CEO.

b. The Town will seek preliminary advice from the WALGA'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 CEO 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 WALGA's Legal Services Panel of Preferred Suppliers.  If consideration is being given to the use of another firm, approval should be obtained from the CEO.

All employees to comply with the policy and 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 functional areas and lines of business 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

Revision history

Policy objective:

To prescribe the processes for the appointment of an Acting Chief Executive Officer in expected and unexpected circumstances.

Policy scope:

This policy applies in respect of the office of Chief Executive Officer.

Definitions:

Nil.

Policy statement:

CEO Leave Entitlements

1.The Chief Executive Officer (CEO) is contractually entitled to certain leave conditions as outlined in their employment contract and the relevant industrial relations legislation.

2. Approval for the CEO to take leave entitlements is at the discretion of the Mayor or where the Mayor is on an approved leave of absence, the Deputy Mayor. The Mayor/Deputy Mayor cannot unreasonably withhold approval.

3. When the CEO is on leave, an Acting Chief Executive Officer (Acting CEO) is to take up their duties in accordance with this Policy.

Appointment of an Acting Chief Executive Officer – Expected leave periods under three months

4. Acting arrangement for the position of CEO for leave periods less than 3 months is at the discretion of the CEO in accordance with Delegation 1.1.29.

5. The following Council conditions on this delegation apply:

a. The Town employee appointed to act must be a senior employee holding the title of Chief.
b. The Chief appointed to act as Chief Executive Officer at the discretion of the Chief Executive Officer, is subject to performance and dependent on availability and operational requirements.
c. Appointments to the role of Acting Chief Executive Officer under this delegation may not be for a period longer than three months without the approval of Council.
d. The Chief Executive Officer is to advise the Council when a Chief is to be appointed as Acting Chief Executive Officer.

6. Appointment to the role of Acting CEO shall be made in writing, for a defined period, that does not exceed 3 months.

Appointment of an Acting Chief Executive Officer – Leave periods in excess of 3 months but no more than 12 months

7. Acting arrangements in excess of 3 months must be selected on the basis of merit and equity. The Chief Executive Officer Recruitment and Performance Review Committee will coordinate the selection process and make a recommendation to Council on the preferred officer.

8. Acting arrangements for periods in excess of 3 months must be approved by a resolution of Council.

Appointment of an Acting Chief Executive Officer – Unexpected leave or vacancy

9. In the event that the CEO:

a. takes unexpected leave
b. is incapacitated
c. is unable to perform their duties as a result of a disaster or crisis event
d. the position falls unexpectedly vacant; or
e. is suspended or terminated

the following shall occur:

f. if Council has already appointed an Acting CEO, that person shall act as CEO.

g. if the Council has not appointed an Acting CEO, the following line of succession shall apply until Council appoints an Acting CEO:

i. the Chief Financial Officer will become the Acting CEO
ii. if the Chief Financial Officer is unable or unwilling, the Chief Operations Officer will be the Acting CEO
iii. if the Chief Operations Officer is unable or unwilling, the Chief Community Planner will be appointed to act in the position
iv. if no Chief officer is able or willing to act as Acting CEO, then the Manager who has served the longest as a Manager, and is able and willing to act as CEO, will become the Acting CEO.

10. Where it is likely that a person will act as CEO under clause 9f for a period of more than five (5) working days, a Special Council Meeting shall be convened, upon request of the Mayor, so that an ongoing acting appointment can be made.

Salary and conditions of Acting CEO

11. Unless Council otherwise resolves and the acting CEO agrees, a person acting as CEO shall be remunerated pro rata at the following rates:

a. 80% of the substantive CEO’s salary component if acting for less than 5 weeks; or
b. 90% of the substantive CEO’s salary component if acting for more than 5 weeks.

Related Documents:

Local Government Act 1995 (WA)

Revision History

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:

No gratuity payment will be conferred on an employee who resigns or retires from employment with the Town pursuant to section 5.50 of the Local Government Act 1995

Related Documents:

Local Government Act 1995 (WA)

Revision History

Policy objective:

To manage the long service leave of Town employees.

Policy scope:

This policy applies to all employees.

Definitions:

Nil.

Policy statement:

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

2. 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:

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

3. 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.

Related Documents:

Local Government (Long Service Leave) Regulations 1977

Revision History

Policy objective:

To provide guidance to the Council and staff when considering requests for the provision of financial assistance and other support to alleviate the impact of disasters and other significant emergencies.

Policy scope:

This policy applies to all Council donations for disaster relief in respect of disasters affecting Australia.

Definitions:

Disaster means a serious disruption to community life which threatens or causes death or injury in that community and/or damage to property which is beyond the day-to-day capacity of the prescribed statutory authorities, and which requires special mobilisation and organisation of resources other than those normally available to those authorities. Disaster includes flood, fire, cyclone/storm, tsunami, earthquake, famine, disease threat, landslide, civil unrest, war/invasion, political, cultural or religious conflicts, and acts of terrorism.

Policy statement:

Council approval:

1. All requests to provide financial assistance and other support to alleviate the impact of disasters and other significant emergencies shall be in response to a declaration of a National or State disaster/emergency, or an appeal launched by a bona fide agency (Lord Mayor’s Relief Fund).

2. Donations are limited to reputable Australian registered charities, the Lord Mayor’s Relief Fund and local governments. Where a disaster or other significant emergency is localised, donations to the local government in which the disaster occurs will be given preference.

3. All requests shall be reported to the Council for consideration and determination

Financial support:

4. Financial support shall be limited to a maximum of $5,000 to any one disaster or other significant emergency appeal.

5. In the event of more than one organisation/relief agency being involved in the disaster appeal, the Council shall determine the most appropriate organisation/relief agency to receive the support.

6. Financial support will only be made to the approved organisation/relief agency and cash donations will not be made directly to individuals.

Non-financial support:

7. The Chief Executive Officer may provide support, other than financial, for disasters or significant emergencies within Western Australia, which includes but is not limited to:

a. The provision and use of the Town’s resources, machinery, vehicles and/or equipment.

b. The use of the Town’s buildings and facilities for emergency accommodation and other approved purposes.

c. The use of the Town as a receiving agent for any donations by the public.

d. Any other bona fide requests which may arise from a disaster or significant emergency.

8. All requests for non-financial support for disasters and significant emergencies outside of Western Australia will be considered on their merits.

Related Documents:

Local Government Act 1995

Revision history