Policy library

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

74 Result(s) Found
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. 

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, 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 Communications 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 the policies of Council 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 Communications and engagement

Policy manager Manager Governance and Strategy
Responsible officers Coordinator Governance and Strategy
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
 2 Reviewed and amended 21/04/2020 Council 384/2020 Item 15.7
 3 Reviewed and amended  20/04/2021 Council 78/2021 Item 15.4 

 

Policy number Policy 002
Policy title Review of decisions
Strategic outcomes supported CL8 – Visionary civic leadership with sound and accountable governance that reflects objective decision making.

 

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 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 publically available, to set out the relevant administrative matters relating to this policy. 

Related documents:

Local Government Act 1995 (WA)

Policy manager Manager - Governance and Strategy
Responsible officers Coordinator Governance and Strategy
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
3 Reviewed and amended 18/08/2020 Council 489/2020 Item 15.1
Reviewed and amended  20/04/2021  Council  78/2021  Item 15.4 

 

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

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 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 (WA)

Policy manager Manager Governance and Strategy
Responsible officers Coordinator Governance and Strategy
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
2 Reviewed 18/03/2020 Council 354/2020 Item 15.3
3  Reviewed and amended 20/04/2021  Council  78/2021  Item 15.4 

 

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 is committed to organisation-wide risk management principles, systems and processes that ensure consistent, efficient and effective assessment of risk in all planning, decision-making and operational processes.

Policy scope:

This policy applies to all elected members, staff and volunteers/ contractors of the Town. 

Definitions:

Risk is defined as ‘the effect of uncertainty on objectives’ by the AS/NZS ISO 31000:2018. A risk is often specified in terms of an event or circumstance and the consequences that may flow from it. An effect may be positive, negative, or a deviation from the expected. An objective may be financial, related to health and safety, or defined in other terms.

Risk management is defined as the application of coordinated activities to direct and control an organisation with regard to risk.

Policy statement:

1. Council is committed to implementing a Risk Management Framework in accordance with the risk management standard AS/NZS ISO 31000:2018, which will include systems to identify, treat, monitor, review and report risks across all of its operations. Council seeks to identify all significant risks that could negatively impact its statutory and community obligations, and associated operations, and has processes in place to avoid, treat, transfer/share or accept risks within its sphere of control or influence.

2. By this commitment to risk management, the Council aims to achieve the following:

a. Minimise the occurrence of serious injury or loss of life
b. Minimise potential damage to reputation
c. 
Protect assets and natural and cultural resources
d. Meet legislative and compliance requirements
e. 
Minimise legal liability
f. 
Minimise disruption to operations and services
g. 
Minimise financial loss
h. 
Improve the Council’s governance and management capability and accountability

 

3. The Council and the Chief Executive Officer view risk management as an integral business process in effectively governing and managing the organisation.

4. The following are critical success factors for the successful application of this policy:

a. Under the direction of the Chief Executive Officer, the executive and senior management teams must lead and actively participate in the identification, analysis and management of risks within their areas of responsibility.
b. The Strategic and Operational Registers, and their associated controls and risk treatment actions, are to be maintained, reviewed, monitored and reported regularly.
c. 
Any residual risks that are outside the risk tolerance levels set by Council, or the control/authority/delegation of a risk owner to accept or retain, must be escalated for further action.
d. 
The risk management process will be undertaken in a systematic approach in accordance with best practice guidelines and the AS/NZS ISO 31000:2018 Risk Management Principles and Guidelines.

Roles and responsibilities

5. Risk Management is the responsibility of all, however, Council recognises that the Chief Executive Officer has the ultimate responsibility for administering and implementing the Risk Management Framework and Policy.

Council

6. The Council has a governance overview role to ensure accountability to and application of the Risk Management Policy and Risk Management Framework. This includes the approval of the Town’s Risk Management Policy and Framework, and the establishment of an Audit Committee in accordance with the Local Government Act 1995.

Audit Committee

7. The Audit Committee, under the direction of Council, is responsible for reviewing the Risk Management Policy and Framework, and making a recommendation to Council on the results of its review. It is further responsible for maintaining oversight over the Strategic Risk Register, ensuring that any actions arising from such risks are monitored and actioned accordingly.

Chief Executive Officer

8. The Chief Executive Officer provides corporate leadership and oversight for the application of the Risk Management Policy and Framework within the organisation, and is responsible for supporting a culture of risk management and ensuring strategic, comprehensive and systematic risk management processes operate within the organisation. The Chief Executive Officer is further responsible for:

a. monitoring and reviewing the appropriateness and effectiveness of the Town’s systems and procedures in relation to risk management
b. ensuring that regular updates on strategic risks are provided to the Audit Committee
c. m
onitoring and reviewing the Operational Risk Register to ensure that such risks are monitored and actions accordingly
d. s
etting a Management Practice on risk to ensure that all employees, volunteers and contractors are aware of their roles and responsibilities relating to effective risk management.
e. e
nsuring that any risks that fall outside of the Council’s set risk tolerance, and any emerging significant risks, are escalated to accordingly, as per clause 4(c) of this policy.
f. ensuring that the Risk Management Policy is reviewed in line with Policy 001 Policy Management and Development. 

References

Local Government (Audit) Regulations 1996

Department of Local Government – Model Risk Management Policy

Related documents:

Local Government Act 1995 (WA)

Local Government (Audit) Regulations 1996

 

Policy manager Manager Governance and Strategy
Responsible officers Coordinator Governance and Strategy
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
3 Amended 18/02/2020 Council 324/2020 Item 15.5
Reviewed and amended  20/04/2021  Council  78/2021  Item 15.4 

 

Policy number Policy 005
Policy title Acting Chief Executive Officer
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 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)

Policy manager Chief Executive Officer
Responsible officers Manager - People and Culture
Approval authority Council
Next evaluation date  

 

Revision History

Version Approved, Amended, Rescinded Date Authority Resolution number Key changes/notes
1 Approved 21/04/2020 Council 378/2020 Item 15.1

 

Policy number Policy 006
Policy title Gratuity 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 007
Policy title Long service leave
Strategic outcomes supported

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

 

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

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 Amended 14/08/2007 Council - Item 4.1
2 Reviewed 09/07/2013 Council - Item 10.1
2 Reviewed 11/08/2015 Council - Item 10.1
2 Reviewed 20/08/2019 Council 354/2020 Item 15.3
3 Reviewed and Amended 21/04/2020 Council 384/2020 Item 15.7

 

Policy number Policy 011
Policy title Elections
Strategic outcomes supported

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

 

Policy objective:

The objective of this policy is to:


• prevent the making of major decisions that would bind an incoming Council prior to an ordinary election
• prevent the use of public resources in ways that are, or are perceived to be, advantageous to or promoting the sitting elected members that are seeking re-election, or new candidates
• ensuring the Town of Victoria Park administration acts impartially in relation to all candidates.

Policy scope:

This policy applies to elected members, candidates for election and Town employees in the period leading up to and during an election. 

This policy does not apply to an extraordinary election, unless that election is for four or more of the elected members.

Policy definitions:

caretaker period for local government elections, from the date of the opening of nominations being 44 days prior
to Election Day in accordance with Section 4.49(a) of the Local Government Act 1995, until 6pm on Election Day,

community engagement means the process of providing stakeholders with opportunities to be informed, consulted and engaged in relation to a proposed decision of the Town.

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

electoral material has the meaning given to it in section 4.87 of the Local Government Act 1995 but does not include 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. Without limiting the generality of the definition of ‘electoral material’, material will 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 
b. a candidate in the election 
c. an issue submitted to, or otherwise before, the voters in connection with the election.

election sign has the meaning given to it in the Activities on Throughfares and Trading on Throughfares and in Public Places Local Law 2000.

events and functions means gatherings of internal and external stakeholders to discuss, review, acknowledge, communicate, celebrate or promote a program, strategy or issue which is of relevance to the Town and its stakeholders and may take the form of launches, promotional activities and social occasions such as dinners and receptions.

extraordinary circumstances mean a situation that requires a major decision of the Council because the Chief Executive Officer’s opinion is that: 

a. the urgency of the issue is such that it cannot wait until after the election;
b. legal and/or financial repercussions are possible if a decision is deferred; and/or
c. it is in the best interests of the Town, community or impacted stakeholders for the decision to be made as soon as possible.

major 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 to suspend the current Chief Executive Officer (in accordance with the terms of their contract), pending the election;
b. decisions relating to the Town entering a sponsorship arrangement 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 sponsorship arrangement;
c. decisions relating to the Town entering into a major trade undertaking or major land transaction as defined by Section 3.59 of the Local Government Act 1995;
d. decisions that would commit the Town to substantial unbudgeted expenditure;
e. decisions that result in actions which the Chief Executive Officer’s considers significant and unplanned, such as that which might be brought about through a Notice of Motion by an Elected Member;
f. decisions that, in the Chief Executive Officer’s opinion, will have significant impact on the Town or the community;
g. the adoption, repeal or substantial amendment of a policy, including local planning policy, a local law or local planning scheme;
h. 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.

media includes publications, advertising, social media, the website and videos.

substantial unbudgeted expenditure means expenditure not included in the annual budget that exceeds 0.5% of the Town’s annual budgeted revenue (inclusive of GST) in the relevant financial year.

Policy statement:

Caretaker period

1. The ordinary election of the Council is the most significant decision made by the community and sets the direction of the Town into the future. It is important that the Town allows for a free and open election without interference from the Town and the decisions it needs to make. In order to achieve this, prior to an ordinary election of Council, a caretaker period shall apply during which:

a. no major decisions should be made except in extraordinary circumstances;
b. no community engagement should occur except where required by law;
c. no media engagement should be occur that promotes or could be seen to promote elected members who are seeking re-election.


Major decisions

2. To give effect to clause 1.a., the Chief Executive Officer should:

a. avoid scheduling major decisions for consideration during the caretaker period;
b. ensure any major decisions made prior to the caretaker period are announced prior to the beginning of the caretaker period;
c. if a decision (including a Council report, committee recommendation or notice of motion) could be considered a major decision include information in that report explaining that the decision could be a major decision and result in a breach of this policy.

3. 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.


Community engagement

4. To give effect to clause 1.b., the Chief Executive Officer should:

a. ensure that all community engagement is finished prior to the caretaker period or scheduled to begin after the election;
b. where community engagement needs to be conducted, ensure the community engagement could not be perceived to be about an election issue or otherwise influence the outcome of the election;
c. where a proposed decision (including a Council report, committee recommendation or notice of motion) could result in a need for community engagement, including information in that report explaining the decision could result in the need for community engagement and result in a breach of this policy.

5. This policy does not prevent any mandatory public consultation required by the Local Government Act 1995, Planning and Development Act 2005 or any other relevant law, the Town must undertake to fulfil its statutory functions. 


Events and functions

6. Elected members may continue to attend events and functions hosted by external bodies during the caretaker period.

7. Elected members that are also candidates are not be permitted to make speeches or addresses at events/functions organised or sponsored by the Town and community engagement events during the caretaker period.


Media

8. To give effect to clause 1.d., the Chief Executive Officer should ensure that:

a. any reference to elected members in Town media distributed during the caretaker period must not include promotional text relating to the elected members. Any of the Town’s media that are potentially affected by this policy will be reviewed by the Chief Executive Officer to ensure any circulated, displayed or otherwise publicly available material does not contain material that may be construed as ‘electoral material’ during the caretaker period;
b. the Town’s website doesn’t contain any material which is precluded by this policy during the caretaker period. Any references to the election will only relate to the election process. Information about elected members will be restricted to names and contact details;
c. the Town does 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.

9. 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.

10. 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 or a required to be published by the Town relating to the election pursuant to the Act and electoral regulations.

11. During the caretaker period, elected members shall ensure their allocated business cards are used only for purposes associated with the normal role of an elected member in servicing the community. Elected member business cards shall not be used in a manner that could be perceived as an electoral purpose. 

12. 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 media funded by the Town in the period starting from 1 August to Election Day, in the year of the ordinary election, with the exception of their portraits on display at the various Town venues, the Town website and in each edition of the Town’s newsletter during that period.

13. Any requests for media advice or assistance from elected members or candidates 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 elected members seeking re-election. If satisfied that advice sought by an elected member during the caretaker period does not relate to the election or publicity involving any elected members seeking re-election, the Chief Executive Officer may authorise the provision of a response to such a request.


Promotion of an election

14. Despite clauses 9 – 14, For any election, inclusive of local, state and federal elections, the Town should:

a. encourage the community to ensure their enrolment is up to date;
b. promote the call for candidates to nominate for local government elections;
c. encourage all electors to vote.

15. This promotion should be through the channels of communication determined by the Chief Executive Officer and should focus on encouraging and reaching as many demographic groups in the Town as possible. 

16. The Town should endeavour to hold a candidate information session for all ordinary local government elections, which may be held jointly with other local governments.


Use of Town resources 

17. The Code of Conduct for Council Members, Committee Members and Candidates prescribes that Town resources are only to be used for Council business. Town Resources must not be used for electoral purposes. The Town’s resources, including officers, support staff, hospitality services, equipment and stationery should be used exclusively for normal Town business. This prohibition applies to any form of election, including local, state or federal.

18. 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, including local, state or federal elections.


Elected Member Access to Information

19. During the Caretaker Period, Elected Members can access Council information relevant to their role as an elected member. Any Council information accessed must not be used for electoral purposes.


Election signs

20. Election signs cannot be erected, left or otherwise displayed on Town property such as parks and reserves, administrative facilities or recreation facilities. 

21. Election signs can be displayed on throughfares subject to obtaining a permit under the Town of Victoria Park Activities on Throughfares and Trading on Throughfares and in Public Places Local Law 2000.

22. In the event election signs are in a place they are not permitted, the Chief Executive Officer or persons authorised by them, will remove the signs and dispose of them in an environmentally sustainable way and, if appropriate, an infringement should be issued.

23. The Chief Executive Officer will ensure the requirements of clauses 21 - 23 relating to election signs are communicated to candidates as soon as possible after the close of nominations.

24. Clauses 21 - 23 apply to any election including a local government election, state election or federal election including any by-election or extraordinary election.

Electoral rolls and rates roll

25. In accordance with the Local Government (Election) Regulations 1997, candidates and elected members may obtain copies of the electoral roll from the Chief Executive Officer or Returning Officer.

 

26. In accordance with the Local Government (Administration) Regulations 1996 a person can inspect or obtain a copy of the rates roll or owners and occupiers roll at any time from the Town however they: a. must provide a statutory declaration that they will not use this information for commercial purposes; and b. pay any fees or charges set in relation to obtaining a copy.

Related documents

Local Government Act 1995
Local Government (Elections) Regulations 1997
Activities on Throughfares and Trading on Throughfares and in Public Places Local Law 2000

Policy manager Manager Governance and Strategy
Responsible officers

Coordinator Governance and Strategy

Approval authority Council
Next evaluation date November 2022

Revision history

Version Action Date Authority Resolution number Report number
1 Adopted 20/07/2021 Council 166/2021 Item 15.4

 

Policy number Policy 021
Policy title Elected member fees, expenses and allowances
Strategic outcomes supported

CL6 – Finances are managed appropriately, sustainably and transparently for the benefit of the community.

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

 

Policy objective:

To outline the fees, allowances and entitlements available to elected members in accordance with the Local Government Act 1995 (WA) (Act) and the Local Government (Administration) Regulations 1996 (WA) (Regulations), and to support them in performing their duties.

Policy scope:

This policy applies to elected members.

Definitions:

ICT expenses means rental charges in relation to one telephone and one facsimile machine and any other expenses that relate to information and communications technology (for example, telephone call charges and internet service provider fees) and that are a kind of expense prescribed by regulation 32(1) of the Regulations.

Tribunal means the Salaries and Allowances Tribunal established under the Salaries and Allowances Act 1975 (WA).

Policy statement: 

Elected members

Fees and allowances (s.5.98, s5.99, s.5.99A Act)

Annual meeting attendance fee in lieu of meeting fees

1. All elected members are entitled to the maximum annual meeting attendance fees as determined by the Tribunal, and as adopted by Council in the annual budget.

Information Communication Technology (ICT) expenses allowance

2. All elected members are entitled to the maximum annual ICT expenses allowance in lieu of reimbursement of ICT expenses as determined by the Tribunal, and as adopted by Council in the annual budget.

Annual local government allowances for Mayor and Deputy Mayor (s.5.98, s5.98A Act)

3. The Mayor is entitled to the maximum annual local government allowance as determined by the Tribunal, and as adopted by Council in the annual budget.

4. The Deputy Mayor is entitled to the maximum percentage of the mayoral annual local government allowance as determined by the Tribunal, and as adopted by Council in the annual budget.

Reimbursement of Expenses for Elected Members (s.5.98 Act)

5. Elected members are entitled to be reimbursed for expenses of the kind prescribed in Regulations 31 and 32 of the Regulations, including but not limited to child care and travel costs.

6. The extent to which elected members can be reimbursed for expenses of the kind prescribed in Regulations 31 and 32 of the Regulations shall be as determined by the Tribunal.

7. Child care costs will not be paid for where the care is provided by a member of the immediate family or relative living in the same premises as the elected member.

8. Under no circumstances is any reimbursement to be made in connection with costs incurred for re-election to the office of elected member or election to the office of Mayor or Deputy Mayor.

9. Elected members are entitled to reimbursements for travelling expenses incurred, in the performance of their duties, to/from their normal place of residence or work, with respect to the following:

a. Council meetings, civic functions, citizenship ceremonies or briefings called by either Council, the Mayor or the Chief Executive Officer;

b. Committees to which an elected member is appointed a delegate or deputy by Council;

c. Meetings, training and functions scheduled by the Chief Executive Officer;

d. Conferences, community organisations, industry groups and local government associations to which an elected member has been appointed by Council as its delegate or a deputy to the delegate;

e. Gatherings or events (i.e. funerals, local business or community events), attended by the Mayor or the Mayor’s nominated deputy as a representative of the Town;

f. Site inspections in connection with matters listed on any Council Agenda paper. When making this claim, elected members are to state the Item Number listed on any Council Agenda paper along with the date and time of the visit on the claim form;

g, In response to a request to meet with a ratepayer/elector, but excluding the day of Council elections. When making this claim, elected members are to state the time and purpose of the visit and the name and address of the ratepayer/elector on the claim form.

Professional development expenses

10. The guidelines for expenses related to professional development are set out in Policy 022 Elected Member Professional Development

Payments

Payments of fees and allowances monthly in arrears

11. All elected members will be paid annual meeting attendance fees and all other allowances in arrears on a monthly basis, in the Town's first payment run of the month.

Reimbursement of expenses

12. All claims for reimbursements by elected members and Independent Committee Members are to be submitted to the Chief Executive Officer within 60 days of the expense being incurred, accompanied by:

a. Date of the claim

b. Type of travel (as identified in Section 3)

c. Distance travelled

d. Origin and destination of travel

13. Reimbursements, once approved, will be paid during the next scheduled payment run following approval.

Related documents:

Local Government Act 1995 (WA)

Determinations of the Salaries and Allowances Tribunal

Coordinator Governance and Strategy

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

 

Revision history

Version Approved, Amended, Rescinded Date Authority Resolution number Key changes/notes
1 Approved 25/05/1999 Council - Item 3.12
1 Amended 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 Amended 19/02/2019 Council 25/2019 Item 14.7
3 Reviewed and amended 20/08/2019 Council 148/2019 Item 10.1
4 Amended 15/09/2020 Council 518/2020 Item 15.1
 5 Reviewed and amended  20/04/2021  Council  78/2021  Item 15.4 
Policy number Policy 022
Policy title Elected member professional deveolpment
Strategic outcomes supported

CL6 – Finances are managed appropriately, sustainably and transparently for the benefit of the community.

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

CL10 - Legislative responsibilities are resourced and managed appropriately, diligently and equitably.

 

Policy objective:

To outline the guidelines for participation and entitlements available to elected members for professional development, in accordance with the Local Government Act 1995 and Local Government (Administration) Regulations 1996.

To enable equity and accessibility to professional development opportunities to enable elected members to fulfil their role.

Policy scope:

This policy applies to elected members. 

Definitions:

Professional development means attending training, conferences, conventions, summits, forums, workshops, courses and seminars, as a participant.

Individual professional development means any of the defined professional development delivery methods provided to an individual elected member.

Group professional development means any of the defined professional development delivery methods to be offered to Council as a whole.

Mandatory training means training set out in regulation 35 of the Local Government (Administration) Regulations 1996.

Cash allowance means an amount of money paid in advance to an elected member to pay for incidentals.

Policy statement: 

1. Council is committed to the professional development of elected members to assist with fulfillment of their role as an elected member.

2. Professional development is to relate to the following key focus areas:

a. community leadership
b. communication between the community and Council
c. determining and reviewing policy
d. planning for the future
e. managing assets
f. governing finances
g. cultural optimisation
h. effective decision-making
i. meeting procedures
j. risk oversight and assessment
k. managing the performance of the Chief Executive Officer
l. town planning practices
m. advocacy
n. local government governance

3.     There are three delivery methods for professional development – mandatory, individual and group.

Mandatory training

4.     Pursuant to regulation 35 of the Local Government (Administration) Regulations 1996, an elected member must pass the training course titled Council Member Essentials, within 12 months, beginning on the day on which the member is elected, unless exempt under regulation 36 of the Local Government (Administration) Regulations 1996.

5.     Council will allocate funds in the annual budget for costs associated with mandatory professional development.

Individual professional development

6.     Council will allocate up to $25,000 in the annual budget for the costs associated with individual professional development.

7.     An elected member who wishes to attend individual professional development held intrastate must apply in writing to the Chief Executive Officer, setting out how it relates to the key focus areas and how it will assist the elected member in the discharge of their duties.

8.     The Chief Executive Officer may determine any requests for individual professional development held intrastate, subject to their relevance to key focus areas and available budget.

9.     Elected members may nominate to attend interstate and overseas individual professional development through a notice of motion to Council. Authorisation is to be through a resolution of Council, subject to relevance to key focus areas and available budget.

10.   Booking arrangements and payments for all individual professional development, including conference costs, official conference networking functions and meals and tours/inspections that are relevant to the interests of the Town, are to be made by the Chief Executive Officer.

11.   The Chief Executive Officer is authorised to determine a substitute elected member to attend any professional development in lieu of the elected member approved, in the event that the approved elected member is unable to attend.

12.   Where an elected member has an electoral term of less than three months to complete, such elected member shall be ineligible to attend professional development, unless it is determined by the Council that attendance by an elected member who is within three months of completion of their term of office would be of specific benefit to the Town, and approval is granted by resolution of Council.

Group professional development

13.   Group professional development opportunities are to be organised for Council as a whole.

14.   Council will allocate up to $20,000 in the annual budget for the costs associated with group training professional development.

15.   Elected member requests for group professional development will be sent by the Mayor, in writing to the Chief Executive Officer, setting out how it relates to the key focus areas and how it will assist elected members in the discharge of their duties.

16.   The Chief Executive Officer may determine any requests for group professional development, subject to their relevance to key focus areas and available budget.

17.   Booking arrangements and payments for all group professional development are to be made by the Chief Executive Officer.

18.   All efforts are to be made to schedule group professional development at a time when all elected members are available to participate.

Travel, accommodation and expenses

19.   The extent to which an elected member can be reimbursed for intrastate and interstate travel and accommodation costs incurred in any of the circumstances referred to in regulation 32(1) of the Local Government (Administration) Regulations 1996 is as set by the Salaries and Allowances Tribunal through a determination published in the Government Gazette from time to time.

20.   Travel, accommodation and any cash allowances will be in addition to the annual professional development allowance of $2,500.

Travel

21.   Where travel is involved, the travel is to be undertaken with all due expedition, by the shortest most practical route, to and from the professional development location and venue.  All reasonable travel costs to and from professional development will be administered by the Chief Executive Officer, in line with the adopted budget.

22.   Airline travel shall be by economy class airfare, by the most direct route to and from the airport situated nearest to the professional development venue, unless otherwise approved by the Council.  An elected member may have allocated to their personal accounts any frequent flyer points that are provided by the airline.

23.   Airline tickets purchased are to be insured to enable the ticket purchase price to be refunded, on occasions whereby a delegate is unable to travel, unless otherwise varied by the Chief Executive Officer.

24.   Approval for air travel must, where possible, be sought two months prior to departure. Where practicable, advantage should be taken of available discount fares, including the advance purchase of fares.

25.   Where essential, a hire car may be arranged for the conduct of Council business.  Costs of bus, train, tram and taxi fares, vehicle hire and parking which are reasonable, required and incurred in attending professional development, will be reimbursed by the Town, on production of receipts.

26.   Where in particular circumstances, elected members desire to travel intrastate or interstate by private motor vehicle, they will be reimbursed for actual accommodation costs which are receipted and vehicle costs in accordance with the local government kilometre allowance, up to an equivalent amount that would have been expended, had arrangements been made at the time of request to travel by the cheapest form of air travel.

27.   A sufficient number of Cab Charge vouchers (eg. 2 per day) may be provided for ease of travel.  Unused vouchers shall be returned to the Chief Executive Officer by elected members at the same time as the acquittal of any cash allowance.

28.   Car rental use/facilities shall not be permitted, except with the prior approval of the Chief Executive Officer.

Accommodation

29.   The Town will pay reasonable accommodation costs for elected members including the night before and/or after professional development where this is necessary because of travel, airline flights and/or the timetables which make it unreasonable to arrive at or return home in normal working hours.

30.   Where practicable and available, accommodation shall normally be booked at the professional development venue or if unavailable, at premises in close proximity to the venue.

Cash allowance - payment and reimbursement

31.   A daily cash allowance will be determined annually by the Chief Executive Officer and made available for meals and incidental expenses for intrastate professional development.

32.   Cash allowances for interstate and international professional development will be determined by Council resolution, at the time of considering the request to attend.

33.   All cash allowances must be acquitted within two weeks of return. Cash not acquitted shall be refunded to the Town at the same time.

34.   Attendees shall acquit the cash allowance on the “Conference Advance and Acquittal Statement Form”. Where possible this should be supported by receipts or a Statutory Declaration if a receipt cannot be produced.

35.   The administrative arrangements for managing the cash allowance will be the most appropriate to the circumstances, as determined by the Chief Executive Officer.

36.   The daily cash allowance shall be paid to cover all reasonable incidental expenses associated with the professional development attendance, such as:

a. reasonable telephone and/or facsimile use and/or wifi access
b. breakfasts, lunches, dinners and other meals not included in the registration fee
c. laundry and dry-cleaning costs
d. an optional activity specified in a program
e. train, bus, tram, taxi or ride-share fares
f. bicycle hire costs
g. parking and toll fees
h. incidental expenses (eg. newspapers, venue/exhibition entrance fees).

37.   The daily expense allowance shall not cover:

a. any expenses or time occupied on matters other than Council business
b. entertainment costs outside those provided by the professional development provider
c. meal claims where meals are provided by the professional development provider
d. alcoholic beverages

38.   Documentary evidence in the form of receipts are  required for the acquittal of all money paid in advance.  If a receipt cannot be produced, a statutory declaration must be produced itemising the expenditure incurred.  Should fringe benefits tax be incurred by the Town, it shall be paid by the Town.

39.   Elected members failing to acquit their cash allowance, in accordance with this policy, shall have the full value of the cash allowance deducted from the next payment of their meeting attendance fees. Should this be necessary, the Chief Executive Officer shall notify the elected member accordingly, prior to authorising such deduction.

Accompanying person

40.   Where an elected member is accompanied at professional development, all costs for or incurred by the accompanying person including but not limited to travel, meals, drinks, entertainment, registration and/or participation in any programs, are to be borne by the accompanying person and not by the Town.

41.   The exception to the above being the cost of attending any official dinner, where partners would normally attend.

42.   An accompanying person's registration and program fees are to be paid direct by the attendee/delegate to the organiser.

Accompanying carer

43.   Where an elected member is attending intrastate, interstate or overseas professional development, and has a disability as defined in the Disability Services Act 1993, the Town will meet the cost of a carer to accompany that elected member where that carer is a person who provides ongoing care or assistance.

44.   The costs provided by the Town for an accompanying carer will include travel, meals, registration, accommodation and participation in any programs that the elected member they are accompanying is attending.

Reporting

45.   Professional development undertaken by elected members will be reported on the Town’s website as it occurs.

Related documents:

Local Government Act 1995 (WA)

Local Government (Administration) Regulations 1996

Public Service Award 1992

Policy 023 – Provision of information and services – Elected members

Coordinator Governance and Strategy

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

 

Revision history

Version Approved, Amended, Rescinded Date Authority Resolution number Key changes/notes
1 Approved 21/04/2020 Council 379/2020 Item 15.2
2 Reviewed and amended  20/04/2021  Council  78/2021  Item 15.4 
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