Agenda of Extraordinary Council - Wednesday, 9 October 2024

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

· Is the decision or conduct legal?

· Is it consistent with Government policy, Council’s objectives and Code of Conduct?

· What will the outcome be for you, your colleagues, the Council, anyone else?

· Does it raise a conflict of interest?

· Do you stand to gain personally at public expense?

· Can the decision be justified in terms of public interest?

· Would it withstand public scrutiny?

Conflict of interest

A conflict of interest is a clash between private interest and public duty. There are two types of conflict:

· Pecuniary – regulated by the Local Government Act 1993 and Office of Local Government

· Non-pecuniary – regulated by Codes of Conduct and policy. ICAC, Ombudsman, Office of Local Government (advice only). If declaring a Non-Pecuniary Conflict of Interest, Councillors can choose to either disclose and vote, disclose and not vote or leave the Chamber.

The test for conflict of interest

· Is it likely I could be influenced by personal interest in carrying out my public duty?

· Would a fair and reasonable person believe I could be so influenced?

· Conflict of interest is closely tied to the layperson’s definition of ‘corruption’ – using public office for private gain.

· Important to consider public perceptions of whether you have a conflict of interest.

Identifying problems

1st Do I have private interests affected by a matter I am officially involved in?

2nd Is my official role one of influence or perceived influence over the matter?

3rd Do my private interests conflict with my official role?

Local Government Act 1993 and Model Code of Conduct

For more detailed definitions refer to Sections 442, 448 and 459 or the Local Government Act 1993 and Bega Valley Shire Council (and Model) Code of Conduct, Part 4 – conflict of interest.

Agency advice

Whilst seeking advice is generally useful, the ultimate decision rests with the person concerned.Officers of the following agencies are available during office hours to discuss the obligations placed on Councillors, officers and community committee members by various pieces of legislation, regulation and codes.

Contact	Phone	Email	Website
Bega Valley Shire Council	(02) 6499 2222	council@begavalley.nsw.gov.au	www.begavalley.nsw.gov.au
ICAC	8281 5999 Toll Free 1800 463 909	icac@icac.nsw.gov.au	www.icac.nsw.gov.au
Office of Local Government	(02) 4428 4100	olg@olg.nsw.gov.au	http://www.olg.nsw.gov.au/
NSW Ombudsman	(02) 8286 1000 Toll Free 1800 451 524	nswombo@ombo.nsw.gov.au	www.ombo.nsw.gov.au

Disclosure of pecuniary interests / non-pecuniary interests

Under the provisions of Section 451(1) of the Local Government Act 1993 (pecuniary interests) and Part 4 of the Model Code of Conduct prescribed by the Local Government (Discipline) Regulation (conflict of interests) it is necessary for you to disclose the nature of the interest when making a disclosure of a pecuniary interest or a non-pecuniary conflict of interest at a meeting.

The following form should be completed and handed to the Chief Executive Officer as soon as practible once the interest is identified. Declarations are made at Item 3 of the Agenda: Declarations - Pecuniary, Non-Pecuniary and Political Donation Disclosures, and prior to each Item being discussed:

Council meeting held on __________(day) / ___________(month) /____________(year)

Item no & subject
Pecuniary Interest	In my opinion, my interest is pecuniary and I am therefore required to take the action specified in section 451(2) of the Local Government Act 1993 and or any other action required by the Chief Executive Officer.
Significant Non-pecuniary conflict of interest	– In my opinion, my interest is non-pecuniary but significant. I am unable to remove the source of conflict. I am therefore required to treat the interest as if it were pecuniary and take the action specified in section 451(2) of the Local Government Act 1993.
Non-pecuniary conflict of interest	In my opinion, my interest is non-pecuniary and less than significant. I therefore make this declaration as I am required to do pursuant to clause 5.11 of Council’s Code of Conduct. However, I intend to continue to be involved with the matter.
Nature of interest	Be specific and include information such as : · The names of any person or organization with which you have a relationship · The nature of your relationship with the person or organization · The reason(s) why you consider the situation may (or may be perceived to) give rise to a conflict between your personal interests and your public duty as a Councillor.
If Pecuniary	Leave chamber
If Non-pecuniary (tick one)	Disclose & vote Disclose & not vote Leave chamber
Reason for action proposed	Clause 5.11 of Council’s Code of Conduct provides that if you determine that a non-pecuniary conflict of interest is less than significant and does not require further action, you must provide an explanation of why you consider that conflict does not require further action in the circumstances
Print Name	I disclose the above interest and acknowledge that I will take appropriate action as I have indicated above.
Signed

NB: Please complete a separate form for each Item on the Council Agenda on which you are declaring an interest.

Extraordinary Council 9 October 2024

Item 3.1

3.1. Oath and Affirmation for Councillors

The Local Government Act 1993 requires Councillors to take an oath of office or make an affirmation of office at or before the first meeting of the Council, after the Council is elected.

Chief Executive Officer

Officer’s Recommendation

1. That it be noted that all elected Councillors being:

Mayor Russell Fitzpatrick

Cr Anthony Allen

Cr Simon Daly

Cr Peter Haggar

Cr Clair Mudaliar

Cr Mitchell Nadin

Cr Peggy Noble

Cr Helen O’Neil

Cr David Porter

took the oath of office or affirmation of office on Wednesday 9 October 2024 or prior in the Council Chambers, Zingel Place, Bega.

2. That a formal record of this action is kept by Council by way of the minutes of this meeting.

Executive Summary

The Local Government Act 1993 requires Councillors to take an oath of office or make an affirmation of office at or before the first meeting of the Council, after the Council is elected.

Background

Section 233A Oath and affirmation for councillors, of the Local Government Act 1993 No 30, reads:

(1) A councillor must take an oath of office or make an affirmation of office at or before the first meeting of the council after the councillor is elected.

(2) The oath or affirmation may be taken or made before the general manager of the council, an Australian legal practitioner or a justice of the peace and is to be in the following form—

Oath

I [name of councillor] swear that I will undertake the duties of the office of councillor in the best interests of the people of [name of council area] and the [name of council] and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the Local Government Act 1993 or any other Act to the best of my ability and judgment.

Affirmation

I [name of councillor] solemnly and sincerely declare and affirm that I will undertake the duties of the office of councillor in the best interests of the people of [name of council area] and the [name of council] and that I will faithfully and impartially carry out the functions, powers, authorities and discretions vested in me under the

Local Government Act 1993 or any other Act to the best of my ability and judgment.

(3) A councillor who fails, without a reasonable excuse, to take the oath of office or make an affirmation of office in accordance with this section is not entitled to attend a meeting as a councillor (other than the first meeting of the council after the councillor is elected to the office or a meeting at which the councillor takes the oath or makes the affirmation) until the councillor has taken the oath or made the affirmation.

(4) Any absence of a councillor from an ordinary meeting of the council that the councillor is not entitled to attend because of this section is taken to be an absence without prior leave of the council.

(5) Failure to take an oath of office or make an affirmation of office does not affect the validity of anything done by a councillor in the exercise of the councillor’s functions.

(6) The general manager must ensure that a record is to be kept of the taking of an oath or the making of an affirmation (whether in the minutes of the council meeting or otherwise).

Options

Copies of the oath/affirmation have been prepared and Councillors will be required to take an oath or affirmation as the first item of business for the meeting.

Each Councillor will stand and take their oath/affirmation. The taking of the oath/affirmation will be recorded in the minutes. Councillors may wish to sign the prepared document which will also be kept as a record.

If a Councillor is unable to attend the first Council meeting, he or she may take the oath or affirmation of office at another location in front of the Chief Executive Officer or before an Australian legal practitioner or a Justice of the Peace.

The taking of the oath or affirmation outside a Council meeting must be publicly recorded by the Council and a Council representative must be present.

Community and Stakeholder Engagement

There are no community and stakeholder engagement considerations pertaining to this report.

Engagement undertaken

There has been no engagement undertaken pertaining to this report.

Engagement planned

There is no engagement planned pertaining to this report.

Financial and Resource Considerations

There are no financial and resource considerations pertaining to this report.

Legal /Policy

Local Government Act 1993 No 30 Clause 233A Oath and affirmation for councillors

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

This report aligns with outcome 6 of the current community strategic plan: Strong Consultative Leadership and goal 11: We are an informed and engaged community with a transparent, consultative and responsive Council.

Environment and Climate Change

There are no environment and climate change considerations pertaining to this report.

Economic

There are no economic considerations pertaining to this report.

Risk

There are no risk considerations pertaining to this report.

Social / Cultural

There are no social/cultural considerations pertaining to this report.

Attachments

Nil

Extraordinary Council 9 October 2024

Item 3.2

3.2. Election of Deputy Mayor

The Council has traditionally elected a Deputy Mayor under Section 231 of the Local Government Act 1993 and this report is presented to allow Council to determine if it will appoint a Deputy Mayor and if so who that Deputy Mayor will be.

Chief Executive Officer

Officer’s Recommendation

1. That Council resolve to elect a Deputy Mayor for a term to be determined by Council.

2. That the election of Deputy Mayor proceed as outlined in the report with appropriate resolutions.

3. That the election of the Deputy Mayor proceed by voting by way of either:

· ordinary ballot, OR

· preferential ballot, OR

· open voting by way of show of hands

4. That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Deputy Mayor be destroyed.

5. That the Chief Executive of the Office of Local Government and the Chief Executive of the Local Government NSW be advised of the result of the election of the Deputy Mayor.

Executive Summary

As outlined in this report Council has the opportunity to determine if it wishes to appoint a Deputy Mayor and if so for how long in accordance with the provisions of the Local Government Act.

Background

The Local Government Act 1993 at section 231 states:

231 Deputy Mayor

(1) The councillors may elect a person from among their number to be the deputy mayor.

(2) The person may be elected for the mayoral term or a shorter term.

(3) The deputy mayor may exercise any function of the mayor at the request of the mayor or if the mayor is prevented by illness, absence or otherwise from exercising the function or if there is a casual vacancy in the office of mayor.

(4) The councillors may elect a person from among their number to act as deputy mayor if the deputy mayor is prevented by illness, absence or otherwise from exercising a function under this section, or if no deputy mayor has been elected.

Nominations can be made prior to the meeting or from the floor on the day.

Bega Valley Shire has traditionally elected a Deputy Mayor. Operationally it has been appropriate to have an elected Deputy Mayor to support the Mayor with civic duties and to undertake key civic activities when the Mayor is out of the Shire.

The Council therefore must resolve whether it wishes to elect a Deputy Mayor and the period for the appointment which can be a period up to equivalent to the Mayoral term. The first recommendation of this report must be considered prior to determining the election of a Deputy Mayor if so resolved.

Nominations for this election can be via hard copy.

Options

Council can either elect not to have a Deputy Mayor or to have a Deputy Mayor that aligns with the term of Mayor or a shorter term.

If Council resolves to appoint Deputy Mayor the following process should be followed:

1. If only one nomination for the office of Deputy Mayor is received, the Returning Officer (Chief Executive Officer) will declare that Councillor elected to the office of Deputy Mayor for the period determined by Resolution. The declaration will be recorded in the minutes.

2. If two or more nominations are received, an election is required. The Council must resolve the method to be used for the election. An appropriate Resolution would be:

That the election of the Deputy Mayor proceeds by way of (eg: open voting)

3. On completion of voting the Returning Officer will declare the result (which will be recorded in the Minutes).

4. At this point a Motion should be proposed authorising the destruction of nomination papers and any ballot papers. An appropriate Motion would be:

That all nomination papers (and ballot papers – if ballot papers have been used) used in connection with the election of the Deputy Mayor for the period ending September 2023 be destroyed.

5. The Regulation provides for the Office of Local Government and Local Government NSW to be informed of the results of the election. An appropriate Motion would be:

That the Chief Executive of the Office of Local Government and the Chief Executive of Local Government NSW be advised of the result of the election of the Deputy Mayor.

Community and Stakeholder Engagement

There are no community and stakeholder engagement considerations pertaining to this report.

Engagement undertaken

There was no engagement undertaken pertaining to this report.

Engagement planned

There is no engagement planned pertaining to this report.

Financial and Resource Considerations

There are no financial and resource considerations pertaining to this report.

Legal /Policy

Local Government Act 1993 No 30 Clause 223

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no Strategic Alignment considerations pertaining to this report.

Environment and Climate Change

There are no Environment and Climate Change considerations pertaining to this report.

Economic

There are no Economic considerations pertaining to this report.

Risk

There are no Risks to consider pertaining to this report.

Social / Cultural

There are no Social/Cultural considerations pertaining to this report.

Attachments

1 ⇩. Nomination form for the position of Deputy Mayor 2024

Extraordinary Council 9 October 2024

Item 3.3

3.3. Council Meeting Agenda - Order of Business

Council is required to formally resolve its order of business for Council Meetings.

Chief Executive Officer

Officer’s Recommendation

1. That Council notes the report.

2. That Council adopts the order of business for meetings of the Council as follows:

· Statement of Commencement of Live Streaming

· Acknowledgement of Traditional Custodians of Bega Valley Shire

· Apologies and Requests for Leave of Absence

· Confirmation of Minutes of the previous Ordinary Meeting, Extraordinary Meeting and Closed Session

· Declarations

· Public Forums – report by Mayor of deputations heard prior to the meeting

· Petitions

· Mayoral Minutes or Announcements

· Urgent Business

· Staff Reports

· Councillor Reports

· Rescission/Alteration Motions

· Notices of Motion

· Questions with Notice

· Questions without Notice

· Confidential Business – Closed Session

· Statement of Cessation of Live Streaming for the period of the Closed Session

· Statement of Re-Commencement of Live Streaming

· Noting of resolutions from Closed Session

· Declassification of reports considered previously in Closed Session

Executive Summary

Clause 8 of the Model Code of Meeting Practice for Local Councils in NSW requires Council to formally resolve its order of business or follow the general order of business as prescribed in the Code.

Background

During the last term of Council and as part of the code of meeting practice Council resolved to have the order of business at Council meeting as followed which is recommended to continue:

· Statement of Commencement of Live Streaming

· Acknowledgement of Traditional Custodians of Bega Valley Shire

· Apologies and Requests for Leave of Absence

· Confirmation of Minutes of the previous Ordinary Meeting, Extraordinary Meeting and Closed Session

· Declarations

· Public Forums – report by Mayor of deputations heard prior to the meeting

· Petitions

· Mayoral Minutes or Announcements

· Urgent Business

· Staff Reports

· Councillor Reports

· Rescission/Alteration Motions

· Notices of Motion

· Questions with Notice

· Confidential Business – Closed Session

· Statement of Cessation of Live Streaming for the period of the Closed Session

· Statement of Re-Commencement of Live Streaming

· Noting of resolutions from Closed Session

· Declassification of reports considered previously in Closed Session

Options

Council can choose to fix the general order of business by resolution, or adopt the general order of business prescribed in the Model Code of Meeting Practice, as follows:

· Opening Meeting

· Acknowledgement of Country

· Apologies and applications for a leave of absence by Councillors

· Confirmation of minutes

· Disclosures of interests

· Mayoral minute(s)

· Reports of committees

· Reports to council

· Notices of motions/questions with notice

· Confidential matters

· Conclusion of the meeting

Community and Stakeholder Engagement

There are no community and stakeholder engagement considerations pertaining to this report.

Engagement undertaken

There was no engagement undertaken pertaining to this report.

Engagement planned

There is no engagement planned pertaining to this report.

Financial and Resource Considerations

There are no financial and resource considerations pertaining to this report.

Legal /Policy

Model Code of Meeting Practice for Local Councils in NSW - Clause 8

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

There are no Strategic Alignment considerations pertaining to this report.

Environment and Climate Change

There are no Environment and Climate Change considerations pertaining to this report.

Economic

There are no Economic considerations pertaining to this report.

Risk

There are no Risks to consider pertaining to this report.

Social / Cultural

There are no Social/Cultural considerations pertaining to this report.

Attachments

1 ⇩. Office of Local Government Model Code of Meeting Practice for Local Councils in NSW 2021

2 ⇩. Bega Valley Shire Council Code of Meeting Practice

Extraordinary Council 9 October 2024

Item 3.4

3.4. Council Meeting Dates October 2024 - December 2025

Under Section 9 of the Local Government Act, the Council is required to publicise when it will hold its meetings.

Chief Executive Officer

Officer’s Recommendation

1. That Councillors adopt the meeting dates for the remainder of 2024 and 2025 as noted below with meetings to be held at 2pm:

Wednesday, 16 October 2024	Ordinary
Wednesday, 6 November 2024	Ordinary
Wednesday 27 November 2024	Ordinary
Wednesday, 18 December 2024	Ordinary
Wednesday, 29 January 2025	Ordinary
Wednesday, 19 February 2025	Ordinary
Wednesday, 19 March 2025	Ordinary
Wednesday, 16 April 2025	Ordinary
Wednesday, 7 May 2025 (IPR)	Ordinary
Wednesday, 21 May 2025	Ordinary
Wednesday, 11 June 2025	Ordinary
Wednesday, 25 June 2025 (IPR)	Ordinary
Wednesday, 23 July 2025	Ordinary
Wednesday, 20 August 2025	Ordinary
Wednesday, 17 September 2025	Ordinary
Wednesday, 15 October 2025	Ordinary
Wednesday, 12 November 2025	Ordinary
Wednesday, 10 December 2025	Ordinary

Executive Summary

Council is required to hold at least ten meetings per year under the Local Government Act (1993). The proposed dates outlined would allow for fourteen meetings in 2025.

Background

In recent years Council has resolved to hold Council meetings at 2pm on Wednesdays with the schedule varying between three weekly to four weekly, most recently being four weekly.

The schedule proposed in this report is aimed to balance resources in preparing for Council meetings as well as ensuring they are adequately spaced to ensure timely decision making by Council.

It typically involves four weekly meetings in 2025 additional meeting included to accommodate isolated consideration of integrated planning and reporting documents.

Options

The proposed meeting dates for the remainder of 2024 and 2025 are:

Wednesday, 16 October 2024	Ordinary
Wednesday, 6 November 2024	Ordinary
Wednesday, 27 November 2024	Ordinary
Wednesday, 18 December 2024	Ordinary
Wednesday, 29 January 2025	Ordinary
Wednesday, 19 February 2025	Ordinary
Wednesday, 19 March 2025	Ordinary
Wednesday, 16 April 2025	Ordinary
Wednesday, 7 May 2025 (IPR)	Ordinary
Wednesday, 21 May 2025	Ordinary
Wednesday, 11 June 2025	Ordinary
Wednesday, 25 June 2025 (IPR)	Ordinary
Wednesday, 23 July 2025	Ordinary
Wednesday, 20 August 2025	Ordinary
Wednesday, 17 September 2025	Ordinary
Wednesday, 15 October 2025	Ordinary
Wednesday, 12 November 2025	Ordinary
Wednesday, 10 December 2025	Ordinary

Council has the ability to amend this schedule provided the minimum number of ten meetings in the year are held. Council can also change the schedule by resolution of Council.

Community and Stakeholder Engagement

Engagement undertaken

Internal engagement has been undertaken in drafting the schedule outlined in this report. Council officers are recommending these meeting dates to meet the reporting and decision-making needs of the organisation.

Engagement planned

No further engagement is planned.

Financial and Resource Considerations

There are no direct costs associated with the recommendations in this report. The cost of Council meetings are included in the budget allocation for elected officials.

Legal /Policy

Local Government Act 1993 (NSW)

Local Government (General) Regulations

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP Theme: Our civic leadership- Local leadership is strong, consultative and responsive to our community's needs

CSP Strategy: E.1 Lead, govern and regulate in an ethical, equitable, transparent and accountable way

Delivery Program: Conduct day to day management of Council and support Councillors to undertake their role

Environment and Climate Change

There are no direct Environment and Climate Change impacts associated with the recommendations of this report.

Economic

There are no economic impacts associated with this report.

Risk

There are no significant risks associated with presenting this report.

Social / Cultural

There are no direct social or cultural implications associated with presenting this report.

Attachments

Nil

Extraordinary Council 9 October 2024

Item 3.5

3.5. Establishment of Committees with Delegated Authority and Advisory Committees

This report seeks to re-establish various committees of Council and to adopt terms of reference and guidelines for the operation of those committees.

Director Business and Governance

Officer’s Recommendation

That Council:

1. Establish, adopt the Terms of Reference and delegate the functions as described in the relevant guidelines for the following Section 355 Committees:

a) General Cemetery Advisory Committee

b) General Community Halls Committee

c) General Sportsground Committee

d) Montreal Goldfields Management Committee

e) Bega Valley Shire Awards Committee

2. Establish and adopt the Terms of Reference for the following Advisory Committees:

a) Audit, Risk and Improvement Committee

b) Bega Valley Community Disaster Relief Fund

c) Access and Inclusion Advisory Committee

d) Bega, Eden, Merrimans Aboriginal Liaison Committee

e) Central Waste Facility Community Consultation Committee

f) Coastal Planning and Flood Management Committee

g) Police Liaison Committee

h) Bega Valley Museum Advisory Group

i) Local Traffic Committee

j) Saleyards Advisory Group

k) Affordable Housing Implementation Group

3. That council do not re-establish the Bega Valley Shire Grants Committee.

4. Endorse the existing membership list attached to this report be appointed and remain on the committees without the need for a full re-application. These members must participate and successfully complete induction within 6 months of this appointment.

5. Call for expressions of interest from the community to fill any vacant positions on each committee.

6. Contact agencies requested to join relevant committees asking them to nominate a delegate to the committee.

7. Receive and note advice regarding the development of guidelines for the Saleyards Advisory Group.

Executive Summary

Committees of Council are established for each term of Council and disbanded at the end of the Council term. It is proposed to establish six committees with delegation to undertake functions of Council (Section 355 Committees) and nine committees to provide advice to Council (Advisory Committees). It is also proposed that Council establish Terms of Reference (Attachments to this report) for the operation of these committees.

Background

Committees of Council provide a mechanism for community involvement in the provision of Council facilities or services. There are three types of committee that may be established by a council: Committees of Council, which are comprised entirely of Councillors; Section 355 Committees, which are delegated under Section 355 of the Local Government Act 1993 to undertake certain functions of Council and may include community representatives, Councillors and members of Council staff; and Advisory Committees, which may be made up of community representatives, Councillors and members of Council staff, and provide advice to Council on relevant matters.

Each committee has terms of reference that detail its roles and responsibilities, and where relevant, its delegated functions. All committees are obliged to observe Council’s adopted Code of Meeting Practice and Code of Conduct.

The committees, through Council officers, make their agenda and minutes public and report meeting minutes to Council periodically. Agendas and minutes are published on Council’s website unless otherwise stated in the terms of reference.

Relevant recommendations of Advisory Committees are reported to Council meetings, through Council officers, for consideration.

Section 355 Committees

General Cemetery Advisory Committee

Council manages 14 cemeteries in the Shire. The operation of these cemeteries is governed by a range of legislative, policy and procedural requirements. The Committee is governed by the terms of reference and is chaired by a Councillor.

Council seeks to appoint people that can work in partnership with Council to bring about improvements to the management of Council’s cemeteries. Council also seeks to appoint a diverse membership from across the Shire including people that can demonstrate a knowledge of, and commitment to, Council’s cemeteries and experience in an area that adds value to the Committee (this can include, but is not limited to, experience in the area of local history, genealogy, tourism, cemetery management or horticulture/landscape architecture).

Minor changes were made to the terms of reference to correct grammatical errors, update contact information and clarify change processes.

General Community Halls Committee

The General Community Halls Committee is a strategic committee responsible for oversight of the management of Council’s 18 halls. Council seeks to appoint people that can work in partnership with Council to bring about improvements to the management of Council’s halls.

Hiring out a hall facility for community use is central to the purpose of the Committee. Making the facility readily accessible to the community and raising funds for its maintenance and future improvements are key objectives of the Committee.

The Committee is chaired by a Councillor, with membership consisting of a representative from each Community Hall Committee. A Council officer provides the secretariat function to this Committee.

Community Halls Committee meetings are generally held quarterly in February, May, August and November.

The delegated functions of the Hall Committees are set out in the Community Hall Committee Terms of Reference, Guidelines and Operations Manual.

Minor changes have been made to clarify reporting lines, minor procedural changes and monetary references which may change over Council term (e.g. insurance premiums). The reference to individual hall facility management plans has been removed. Asset management for the halls is undertaken in accordance with Council’s Buildings Asset Management Plan. The requirement for individual facility Management Plans is currently under review.

General Sportsground Committee

Sportsgrounds and other buildings available for use by the community are important places for our community to engage in social, artistic, cultural, educational and recreational activities. Council’s sportsgrounds provide opportunities across the Shire for our community to come together, create connections between people and build stronger communities.

The Sportsground Committees management structure is based on two levels. The General Sportsground Committee and the Community Sportsground Committee for individual sportsgrounds managed by the community on behalf of Council.

There are seven Community Sportsground Committees and delegates are nominated to represent on the General Sportsground Committee. The General Sportsground Committee is chaired by a Councillor, with membership consisting of two representatives from each Regional and District Sportsground Committee and one representative from each of the four sports districts of the Shire.

The General Sportsground Committee meets four times per year in February, May, August and November, and operates in accordance with the Terms of Reference provided in the attachment.

Montreal Goldfields Management Committee

The Montreal Goldfields Management Committee is responsible for the care and management of the Montreal Goldfields site. The Montreal Goldfields Committee Terms of Reference set out the functions delegated to the Committee.

A Councillor delegate attends meetings and a Council Officer provides the secretariat function to this Committee. Membership consists of a group of volunteers that play a key role in conserving the environmental and cultural heritage of the site. Committee meetings are generally held quarterly in February, May, August and November.

The Montreal Committee Guidelines and Operations Manual include a significant number of operational procedures not relevant to the terms of reference. These documents are available on Council’s website https://begavalley.nsw.gov.au/council/montreal-goldfield-committee.

Bega Valley Shire Awards Committee

The Bega Valley Shire Awards Committee is delegated to make decisions about awards offered by Council. In making its determination the Committee will consider the Terms of Reference associated with the relevant award.

Application forms and criteria for the award categories are developed by staff and

provided to the community with appropriate timeframes to allow nominations to be

submitted for consideration by the Committee.

The Committee members will be the Mayor as Chairperson, two Councillors, two community members and the Director Community, Environment and Planning or their delegate.

Bega Valley Grants Committee

The Bega Valley Grants Committee is delegated to allocate grant funding on behalf of Council. In making its determination the Committee considers the Terms of Reference associated with the relevant grant. Current committee members are the Mayor, two Councillors, and the Director Business and Governance or their delegate.

It is recommended that this committee is not re-established as there is no budget allocation in the general fund to fund grants in the FY25 budget or years thereafter. For grants funded by the waste fund and e-levy (environmental) Council will implement a process whereby councillors are advised of the applications, assessment and allocation of funds to recipients.

For ClubGrants, Council plays an administrative role only and the ClubGrants Local Committee undertake these assessments.

Advisory Committees

Audit and Risk Advisory Committee

The Audit, Risk and Improvement Committee (ARIC) provide independent advice to the Chief Executive Officer and the Council to carry out their responsibilities in the areas of audit, risk and organisational improvement. The objective of the Committee is to provide independent assurance by monitoring, reviewing and providing advice about Council`s governance processes, compliance, risk management and control frameworks, external accountability obligations and overall performance.

The primary responsibility for financial and other reporting, internal controls, compliance with laws, ethical behaviour, and risk management rests with the Chief Executive Officer. The elected Council has the responsibility for oversight of the functions of the Chief Executive Officer in relation to these activities. The Chief Executive Officer will ensure adequate resources are available to allow for the proper functioning of the Committee, including provision of a Committee Support Officer for administrative support.

Bega Valley Community Disaster Relief Fund

Council in partnership with Social Justice Advocates of the Sapphire Coast have established the Bega Valley Community Disaster Relief Fund. The fund accepts donations to assist residents who have been affected by natural disasters that have significant community impact. This is a perpetual fund, and the Committee is responsible for promoting the fund, encouraging donations and corporate sponsorship. The Committee is also responsible for establishing eligibility criteria, assessing applications and determining payments subject to the Public Fund Rules.

Access and Inclusion Advisory Committee

Council has over many years supported an Access and Inclusion Advisory Committee as a mechanism to engage with people from diverse backgrounds and abilities to provide advice and guidance into accessibility issues across the Bega Valley Shire.

The Committee assists Council to reduce barriers and improve access and inclusion to Council premises, public buildings and services for residents and visitors, including people with disabilities, older and frail people, parents with prams and other community members.

The Committee has up to 14 members, including up to 12 members representing a range of interests across the shire, a Councillor delegate appointed by Council, and the Director Community, Environment and Planning. Current membership includes a representative of Tulgeen disability group. Tulgeen has requested a change to their representative which is included in the membership list in the attachment.

The terms of reference have been recently updated based on committee feedback.

Bega, Eden, Merrimans (BEM) Aboriginal Liaison Committee

Council has entered into a Memorandum of Understanding with the Eden, Bega and Merrimans Local Aboriginal Land Councils, which establishes the BEM Liaison Committee to advance the cultural, environmental and economic interests of local Aboriginal people.

The Committee is a formal advisory body of Council for the purposes of considering, discussing and advising on the implementation of the Memorandum of Understanding between Council and Local Aboriginal Land Councils.

The Committee has up to nine members consisting of two representatives from each Local Aboriginal Land Council (usually the CEO and Chair or their delegate), Mayor or their delegate and two members of Council staff, usually the CEO and Director Community, Environment and Planning or their delegate.

Some updates have been made to the Terms of Reference to align with the recently adopted Memorandum of Understanding.

Central Waste Facility Community Consultation Committee

The Central Waste Facility (CWF), located on Wanatta Lane at Wolumla, is Council’s main landfill for the Bega Valley Shire for the disposal of general solid waste from municipal, construction and commercial sources.

The roles and responsibilities of the Committee are to exchange information and consult on the operation of the CWF.

The Committee is chaired by the Waste Services Manager, with membership comprising the Mayor or delegated Councillor representative and, two members of the community residing within a nominal direct-line distance of five kilometres from the CWF.

The terms of reference for the CWF Community Consultation Committee are attached to this report for information.

Coastal Planning and Flood Management Committee

Bega Valley Shire has the longest coastline of any local government area in NSW, incorporating 101 ocean beaches, 29 estuaries and 400 km of estuarine foreshore. The effective management of our expansive coastal and flood risk zones is critical to ensuring its environmental, economic and social values are protected for local residents, industry and for the many visitors who visit our coastal areas.

The Committee provides a high-level planning and management forum to advise Council on coastal and flooding issues (see attachment).

The terms of reference (see attachment) have been recently updated based on staff feedback.

The CPFMC will comprise up to 20 members, made up of:

• 2 Councillors

• 5 community representatives selected by public expression of interest

• 1 nominee from the Bega Valley Shire oyster industry

• 2 nominees from DCCEEW Coastal and Flood Management

• 1 nominee from NPWS

• 1 nominee from Forestry Corporation

• 1 nominee from Department of Planning, Housing and Infrastructure PIE (Crown Lands)

• 1 nominee from Department of Primary Industries (Fisheries)

• 1 nominee from South East Local Land Services

• 1 nominee from Transport for NSW (Maritime)

• 1 nominee from Bournda Environmental Education Centre

• 1 nominee from the SES

• Council’s Director Community, Environment and Planning

• 1 nominated expert staff member from Eurobodalla Shire Council

Police Liaison Committee

Over many years Council has supported a Police Liaison Committee as a mechanism to engage with NSW Police about public land use and public safety across the Bega Valley Shire.

The Police Liaison Committee is a formal advisory body of Council for the purposes of considering, discussing and advising on public safety matters (See attachment).

The Committee will be comprised of up to seven members consisting of up to two NSW Police representatives, the Mayor or their delegate, and four Council staff (Director Community, Environment and Planning, Manager Certification and Compliance, Manager Parks, Aquatics and Recreation, and Manager Works and Assets). Meeting agendas and minutes are not publicly available due to the sensitive nature of the information discussed.

The terms of reference have been recently updated based on committee feedback.

Local Traffic Committee

Transport for NSW (TfNSW) is legislated as the organisation responsible for the control of traffic on all roads in NSW under the Roads Transport (Safety and Traffic Management) Act 1999. To deal with the large number and range of traffic related matters effectively TfNSW has delegated certain aspects of the control of traffic on local roads to councils via the Local Traffic Committee (LTC). TfNSW has retained both the control of traffic on the State’s classified road network and the control of traffic signals and speed zones on all roads.

The LTC is primarily a technical review committee. It advises Council on traffic control matters that relate to prescribed traffic control devices or traffic control facilities and measures for which Council has delegated authority. Recommendations of the committee need to be adopted by Council before they can be actioned.

The LTC is comprised of four formal members. These members are representatives from NSW Police, TfNSW and the Local State Member of Parliament or their nominee and either an elected member of Council or a senior staff member. Council staff provide subject matter expertise and a secretariat function to support the operation of the Committee.

This Committee is guided by the “Guide to the delegation to councils for the regulation of traffic” (attached).

Bega Valley Museum Advisory Group

The Bega Valley Shire Museum Advisory Group is chaired by Council. The Committee provides a forum for engagement, consultation, and communication with the museum sector. The group advises on the effective long-term operation, maintenance, renewal and upgrade of the buildings tenanted by museums. Changes have been made to the terms of reference (attached) to include reference to Council’s Arts and Culture Plan 2025- 2029 and to clarify the membership of the Committee, noting representatives will be nominated by the museums on an annual basis. To enable museums sufficient times to respond to calls for nominations, these will be provided to Council at a future date. There is no requirement for Councillor representation on this Committee.

Saleyards Advisory Group

Agriculture is one of the largest industries in the Bega Valley Shire. The Bega Valley Saleyards is a vital infrastructure facility that enables transaction of livestock on behalf of livestock producers in the South East region. The saleyards are an important component in marketing cattle from the region and enables livestock to be sold in a quality facility, located close to the supply of stock.

The Saleyards Advisory Group meet bi-annually with the group comprising of the lessee, stock agents selling at the yards, a Council staff member, a local industry representative and one Councillor.

Affordable Housing Implementation Group

Council adopted the Bega Valley Shire Affordable Housing Strategy on 18 May 2022, which provides a framework to respond to housing needs in the Bega Valley Shire to 2040.

An Affordable Housing Implementation Group was subsequently established to help implement and monitor progress of the strategy.

The Affordable Housing Implementation Group is chaired by the Director Community, Environment and Planning. Membership comprises Council elected representatives and representatives from the community, relevant agencies and community groups with relevant experience in, for example (but not limited to), affordable or social housing development, crisis accommodation, strategic land use planning, governance, advocacy, Aboriginal housing, or other similar areas.

In the previous term of Council, three Councillors were appointed to the group. One previous Councillor, Cathy Griff, has requested to remain on the group as a community member. It is also proposed to reduce the Councillor representatives from 3 to 2.

The terms of reference have been recently updated based on committee feedback.

Options

With respect to which committees are formed, Council has the option to:

1. Establish the committees of Council, as recommended.

2. Not establish any committees or a lessor number of committees to those recommended.

3. Identify alternative committees.

Community and Stakeholder Engagement

Engagement undertaken

Input from most committees of Council established in the previous term of Council was sought in reviewing the terms of reference attached to this report. Recommended changes for each committee have been made in track changes so they are easily identifiable.

Engagement planned

Should Council resolve to establish the committees, as proposed, these committees will play an important role in enabling members of the community and other stakeholders to participate in Council’s decision-making processes.

The types of committees required to support Council’s functions, and their guidelines will be reviewed prior to the next term of Council, or as required. Committee members may suggest changes to the guidelines throughout the term of their committee. These changes would require resolution of Council.

Any vacancies on the committees will be advertised through an open nomination process and recommendations provided to Council for endorsement.

Financial and Resource Considerations

Establishment and operation of committees of Council is part of the regular business of Council. Funds to operate the proposed committees is included in the current adopted budget and estimated in the table below. This funding includes staff time to support the committees, General Fund contributions for committee administration and General Fund contributions for maintenance of halls, cemeteries and sportsgrounds, and funding from a range of sources (Environment Levy, General Fund, external grants for Council’s small grant program). This cost estimate does not include the value of volunteer time contributed by community and agency members of Council’s committees.

Item	$ Excl GST
Expenditure Detail
Committee administration (estimate incl. staff time)	100,000
Committee operating budget (estimate)	200,000-300,000
Total Expenditure	$300,000-400,000

Source of Funds
General Fund	275,000
Waste Fund	75,000
Environment Levy	50,000
External Grants	0-100,000
Total income available	$300,000-$400,000

Legal /Policy

The Local Government Act 1993 provides that Council may establish a range of committees to support Council decision-making. Where these committees undertake functions of Council, they must be specifically delegated by Council to undertake those functions.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP Theme: Our civic leadership – Local leadership is strong, consultative and responsive to our community’s needs.

CSP Strategy: E.2 We are an informed and engaged community with a transparent, consultative and responsive Council.

Delivery Program: E2.2 Improve communication about Council activities, decisions and achievements.

Environment and Climate Change

There are no direct environment or climate change implications associated with the proposal to establish committees of Council. Minor resources are consumed to support committee operations. The Coastal Planning and Flood Management Committee provides specific advice to Council on the management of coastal and flood risk zones within the Shire.

Economic

There are no direct economic implications associated with the proposal to establish committees of Council.

Risk

The establishment and operation of committees of Council are part of the regular business of Council. The proposal does not introduce any new risks to Council. The Audit, Risk and Improvement Committee is specifically tasked with advising Council on the management of enterprise risk.

Social / Cultural

These committees provide a mechanism for interested community members to play an active role in Council decision-making. A number of the committees (e.g., Access and Inclusion Advisory Committee, Bega, Eden, Merrimans Aboriginal Liaison Committee, Museums Advisory Committee) specifically support decision-making relating to social and cultural matters that Council seeks to address. The Section 355 Committees provide a mechanism for community members to play a direct role in delivering Council services to their local communities.

Attachments

1 ⇩. Cemeteries Advisory Committee Terms of Reference

2 ⇩. Community Hall Committee Terms of Reference

3 ⇩. S355 General Sportsground Committee Terms of Reference 2024 - 2028

4 ⇩. Montreal Goldfield Management Committee Terms of Reference

5 ⇩. Bega Valley Awards Committee Terms of Reference

6 ⇩. Audit, Risk, Improvement Committee Terms of Reference

7 ⇩. Bega Valley Community Disaster Relief Fund Terms of Reference

8 ⇩. Access and Inclusion Advisory Committee Terms of Reference

9 ⇩. Bega Eden Merrimans Local Aboriginal Liaison Committee Terms of Reference

10 ⇩. Central Waste Facility Consultative Committee Terms of Reference

11 ⇩. Coastal Planning and Flood Management Committee Terms of Reference

12 ⇩. Police Liaison Committee Terms of Reference

13 ⇩. Bega Valley Shire Museum Advisory Group Terms of Reference

14 ⇩. Transport for NSW Delegations to Councils for regulation of traffic (including the operation of traffic committees)

15 ⇩. Bega Saleyards Advisory Group Terms of Reference

16 ⇩. Affordable Housing Implementation Group Terms of Reference

17 ⇩. Bega Valley Grants Committee Terms of Reference

18 ⇩. Section 355 and advisory committee members seeking reappointment

Extraordinary Council 9 October 2024

Item 3.6

3.6. Appointment of Council Delegates and Alternates to Internal and External Committees

Council appoints delegates and representatives to various Committees, Groups and Panels, following the Mayoral election.

Director Business & Governance

Officer’s Recommendation

1. That Council confirms the delegates and alternates to the following committees established by Council:

a) General Cemetery Advisory Committee

b) General Community Halls Committee

c) General Sportsground Committee

d) Montreal Goldfields

e) Bega Valley Shire Awards Committee

f) Audit, Risk and Improvement Committee

g) Access and Inclusion Advisory Committee

h) Bega Valley Museum Advisory Group

i) Bega, Eden, Merrimans Aboriginal Liaison Committee

j) Bega Valley Community Disaster Relief Fund

k) Central Waste Facility Community Consultation Committee

l) Coast and Flood Planning Management Committee

m) Police Liaison Committee

n) Local Traffic Committee

o) Saleyards Advisory Group

p) Affordable Housing Implementation Group

2. That Council confirm the delegates and alternates to the following external committees of Council:

a) Australian Coastal Councils Association

b) Batemans Marine Park

c) Bega Valley Bush Fire Management

d) Biamanga National Park

e) Country Mayors Association

f) Canberra Region Joint Organisation

g) Mumbulla Foundation

h) NSW Public Library Association

i) South East Arts

j) South East Australian Transport Strategy (SEATS)

k) Southern Regional Planning Panel

3. That the secretariats for committees listed in Part 2 of the recommendation be advised of the appointed delegates and requested to forward notice of meetings and invitations directly to the Council appointed delegate and to Council’s customer service address.

Executive Summary

Council may establish committees to support its decision making and is invited to nominate representatives to participate in committees established by other organisations. This report seeks advice from Council about how it would like to nominate to various committees.

Background

Section 355 Committees and Advisory Committees

Section 355 Committees and Advisory Committees are established by Council to perform certain functions on behalf of Council. These may include management of assets, performance of services, or joining with other organisations to provide large scale services or projects.

Local government bodies

Council is a member of several peak local government bodies. The Mayor is the nominated representative to attend regular events and meetings held by these organisations with other Councillors attending conferences as resolved by Council (see separate report in this business paper seeking nominees for the 2024 Local Government Conference).

Committees managed by other organisations

A number of organisations request Council involvement in committees that they administer. These committees are generally constituted to seek input into the governance of the organisation, development of policy, planning decisions, or the management of assets and services.

An outline of each of the external committees is listed below:

Australian Coastal Councils Association Inc

The Australian Coastal Councils Association Inc was established in 2004 and is a national body formed to represent the interests of coastal councils. This work includes advocacy and research including identifying priority planning issues facing coastal communities, best practice models for local and regional planning for coastal communities, the impact of non-resident populations on coastal communities and responding to the rapid increase in listing on short-term holiday rental platforms. Membership is restricted to elected Councillors across Australia.

Batemans Marine Park

Batemans Marine Park on the NSW south coast covers 850 km²extending from the most northerly point of Murramarang Beach near Bawley Point to the southern side of Wallaga Lake entrance at Murunna Point.

Since the commencement of the Marine Estate Management Act 2014, marine park advisory committees have operated as non-statutory advisory bodies. The Batemans Marine Park Board is supported by the Department of Primary Industries, Marine Operations and is comprised of key marine management stakeholders. The Committee’s business often overlaps with marine park management. Where possible, nomination of a local government representative with strong links to a coastal and estuary management committee is encouraged to support linkages between marine park management and the NSW coastal management program.

Bega Valley Bush Fire Management

The Bega Valley Bush Fire Management Committee is a statutory committee established under the Rural Fires Act 1997 to provide a forum for cooperative and coordinated bushfire management in a local area. The Committee is responsible for preparing, coordinating, reviewing and monitoring the Plan of Operations and Bush Fire Risk Management Plan for the area. It also assists in the coordination of bush fire detection, mitigation, control and suppression.

Biamanga National Park Board of Management

The Biamanga National Park is located north of Bega in the Bega Valley Shire. The Biamanga National Park Board of Management is appointed by the Minister of Energy and Environment to partake in decisions to do with the operation and maintenance of the park. Industry stakeholders include local Aboriginal Land groups, National Parks and Wildlife Services and representatives from across the Shire.

Country Mayors Association

The Country Mayors Association furthers the interests of rural and regional councils by advocating and lobbying on relevant NSW and national issues. It works with NSW and Australian governments and other appropriate organisations to further the interests of members and to act as an information sharing forum.

Canberra Region Joint Organisation

In 2017, the NSW Parliament passed the Local Government Amendment (Regional Joint Organisations) Act 2017, to establish a network of joint organisations (JOs). The JOs are local government entities with legal powers to enable councils to work together at a regional level to achieve improved planning, economic development and service delivery outcomes in regional NSW.

The Canberra Region Joint Organisation (CRJO) provides a forum for councils, NSW government agencies and other stakeholders to work together at a regional level to identify shared priorities, delivering important regional projects and better outcomes for communities.

The Board is formed from mayors across the 10 councils that are part of the CRJO.

Mumbulla Foundation

The Mumbulla Foundation provides a forum of discussion of big ideas to enhance the society, environment and economy of Bega Valley Shire. It provides opportunity to engage and inspire the Bega Valley Shire community to participate in civic life.

Council has a Memorandum of Understanding with Mumbulla Foundation to support the Foundation’s work to progress social, cultural, economic and environmental status of the shire and all members of the community within it. The MOU is due for review this financial year and will be reported to Council for adoption. It is noted that Council has not committed any funding to the Community Grants or scholarships program for financial year 2024/2025. This agreement will be reviewed in 2025.

NSW Public Library Association

New South Wales Public Libraries Association is a single voice for public libraries in NSW. The public library network across NSW reflects the vibrant communities within which they operate. NSWPLA pride the relationships developed with Local Government, the providers of public libraries across NSW, and is continuously working with them to strengthen then dynamic and innovative public library network. It is the peak body for public libraries across NSW providing advocacy, network, opportunities, professional development, collaboration and recognition.

South East Arts

South East Arts (SEA) is the regional arts and cultural development organisation covering the Bega Valley, Eurobodalla and Snowy Monaro local government areas. SEA actively supports the ongoing development of, and participation in, arts and culture throughout the South East region of NSW.

It is supported by artists and art organisations, communities and councils across the operating region. The services in which it provides include the promotion of art events, information and research on artists, audiences, venue and resources regarding funding, sponsorship and donations.

The current agreement ceases in December 2024 at which time a new agreement will be presented to Council for consideration.

South East Australian Transport Strategy

South East Australian Transport Strategy Inc. (SEATS) was created by a group of Victorian and New South Wales councils concerned with the poor transport infrastructure in south eastern Australia. SEATS has developed a Transport Network Strategy, which identifies a number of priority transport projects that benefit the region and beyond, and advocates for investment in those priorities. The current advocacy priorities of SEATS is attached to this report for information.

Southern Regional Planning Panel

The Southern Regional Planning Panel (SRPP) is a statutory body comprising a group of planning experts appointed by the NSW Government and councillors to determine regionally significant development applications and provide advice about planning proposals. The SRPP makes decisions about DAs in an open forum without political or other interference.

The SRPP is made up of five members. Three of these are independent experts appointed by the Minister for Planning. The other two are Council representatives.

Committees proposed for Councillor membership

Committees of Council	Delegate	Alternate	Council staff support*
General Cemetery Advisory Committee	One Councillor	One Alternate	CEP
General Community Halls Committee	One Councillor	One Alternate	CEP
General Sportsground Committee	One Councillor	One Alternate	AAO
Montreal Goldfields Committee	One Councillor	One Alternate	CEP
Bega Valley Shire Awards Committee	Mayor and two Councillors	One Alternate	EXE
Audit, Risk and Improvement Committee	One Councillor	One Alternate	BAG
Access and Inclusion Advisory Committee	One Councillor	One Alternate	CEP
Bega Valley Museum Advisory Group	Nil	Nil	CEP
Saleyards Advisory Group	One Councillor	One Alternate	BAG
Bega, Eden, Merrimans Aboriginal Liaison Committee	Mayor	One Alternate	CEP
Bega Valley Community Disaster Relief Fund	Mayor and one Councillor	One Alternate	BAG
Central Waste Facility Community Consultation Committee	Mayor	One Alternate	AAO
Coast and Flood Management Committee	Mayor and one Councillor	One Alternate	CEP
Police Liaison Committee	Mayor	One Alternate	CEP
Local Traffic Committee	One Councillor	One Alternate	AAO
Affordable Housing Implementation Group	Two Councillors	One Alternate	CEP
External Committees of Council	Delegate/Representative	Alternate
Australian Coastal Councils Association Inc	One Councillor		CEP
Batemans Marine Park	One Councillor		CEP
Bega Valley Bush Fire Management	One Councillor		AAO
Biamanga National Park	One Councillor	One Alternate	CEP
Country Mayors Association	Mayor		EXE
Canberra Region Joint Organisation	Mayor		EXE
Mumbulla Foundation	One Councillor		CEP
NSW Public Library Association	One Councillor		CEP
South East Arts	One Councillor		CEP
South East Australian Transport Strategy	One Councillor		AAO
Southern Regional Planning Panel	Two Councillors with relevant experience	Two alternate Councillors with relevant experience	CEP

*Note: AAO – Assets and Operations Directorate, BAG – Business and Governance Directorate, CEP – Community, Environment and Planning Directorate, EXE – Executive Office.

Options

It is recommended Council determine the delegate for the term of Council. Council may elect not to provide a nominee for one or more committees.

Community and Stakeholder Engagement

Engagement undertaken

Council officers have liaised with the external committees of Council to determine the requirement for Councillor representation. Terms of reference for internal committees were generally discussed with the members of those committees in the previous term of Council.

Engagement planned

Any vacancies on the committees will be advertised through an open nomination process and recommendations provided to Council for endorsement.

Financial and Resource Considerations

Establishment and operation of committees of Council is part of the regular business of Council.

Legal /Policy

Section 355 of the Local Government Act 1993 provides that the exercise of certain functions of a Council may be undertaken by a committee of the Council.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP Theme: Our civic leadership – Local leadership is strong, consultative

and responsive to our community’s needs.

CSP Strategy: E.2 We are an informed and engaged community with a transparent, consultative and responsive Council.

Delivery Program: E2.2 Improve communication about Council activities, decisions and achievements.

Environment and Climate Change

There are no direct environment or climate change implications associated with the recommendation of this report.

Economic

There are no direct economic implications associated with the recommendation of this report.

Risk

The establishment and operation of committees of Council are part of the regular business of Council. The recommendation of this report does not introduce any new risks to Council.

Social / Cultural

These committees seek to provide a mechanism for interested community members to play an active role in advocating for change at a local level. Committees of Council are an instrument for facilitating open and transparent discussion about decisions made by Council.

Attachments

1 ⇩. SEATS - Membership and Advocacy 2024

Extraordinary Council 9 October 2024

Item 3.7

3.7. Countback Elections for filling Councillor casual vacancy

The NSW regulatory framework allows for filling of a casual vacancy on the Council to be managed by way of a Countback election in the 18 months following the local government ordinary election. A countback election can only be conducted, if the relevant council passed a resolution at its first meeting after the ordinary election that any vacancy would be filled by a countback of votes.

Director Business & Governance

Officer’s Recommendation

Pursuant to section 291A(1)(b) of the Local Government Act 1993 (the Act) Bega Valley Shire Council declares that casual vacancies occurring in the office of a councillor within 18 months after the last ordinary election of councillors for the Council on 14 September 2024 are to be filled by a countback of votes cast at that election for the office in accordance with section 291A of the Act and directs the general manager to notify the NSW Electoral Commission Council’s decision within 7 days of the decision.

Executive Summary

A by-election is an election in a single local government area or ward and can take place outside the normal four-year cycle. By-elections are held when a vacancy arises in a Council, for example when a Councillor resigns or dies in office.

An alternative to a by-election is a countback election. Following the next NSW Local Government elections, a council may resolve to have vacancies that occur on the council in the 18 month period after the elections to be filled by a ‘countback’ of the votes, instead of a by-election. This does not apply to a vacancy in the office of mayor.

Background

Since the 2021 local government elections, councils have been provided the option of using a countback of votes cast at the last ordinary election to fill casual vacancies occurring in the offices of councillors in the first 18 months after the election.

This will allow councils to use a countback to fill vacancies at a lower cost than the cost of holding a by-election.

To exercise the option of using a countback to fill casual vacancies occurring in the first 18 months following the election, councils must resolve, at their first meeting after the election, to use a countback to fill casual vacancies.

If councils do not resolve this at the first meeting after the election, they will be required to fill casual vacancies through a by-election.

Options

Filling a councillor casual vacancy

When a casual vacancy occurs after the local government elections in a councillor position (for example through resignation or death), the vacancy is filled by way of a by-election, unless one of the following options is used:

In the 18 months following the local government ordinary election, a countback election will be conducted, but only if the relevant council passed a resolution at its first meeting after the ordinary election that any vacancy would be filled by a countback of votes and if the vacating councillor was elected under the proportional representation method (that is, where two or more candidates were elected).

In the 18 months prior to the next local government ordinary election, the council may receive ministerial approval to leave the position vacant until that next election.

Filling a popularly elected mayor casual vacancy

When a casual vacancy occurs in the office of a popularly elected mayor (for example through resignation or death), the vacancy is filled by way of a by-election, unless it occurs within 18 months before the next ordinary election.

If so, the Governor of New South Wales will appoint a councillor nominated by the council to the vacant office. If the council does not nominate a councillor, the Governor may appoint one of the councillors to the office.

Countback elections

A countback election is used to elect a councillor to fill a single vacancy, where the vacating councillor was elected under the proportional representation method (i.e. where two or more candidates were elected at a local government ordinary election). If there are multiple vacancies, a separate countback election is held for each vacancy.

The returning officer contacts all unelected candidates from the local government ordinary election who may still qualify to be elected to the office of councillor. Where the candidate is interested, they must submit a formal application to the returning officer. All candidates who submit and do not withdraw their application, become eligible candidates.

Timeline

The timeline for a countback election is:

· The Electoral Commissioner is notified of a casual vacancy, within seven days of it occurring.

· A returning officer is appointed within 14 days of the notification of the vacancy.

· Casual vacancy notices are issued 2 to 14 days from the appointment of the returning officer.

· Where a candidate is interested, they must submit a formal application to the returning officer. The application period closes after 10 days of the notices being issued.

· The countback is conducted within 14 days of the vacancy notices being issued.

· It may take up to a month for the results to be declared.

A countback election must be completed within 49 days, and applications for candidates to participate is open for 10 days.

If there are no eligible candidates, an attendance by-election must be held. If there is only one eligible candidate, that candidate is elected. If there are multiple eligible candidates, a countback election is conducted. In a countback election, the returning officer

· uses preference data from ballot papers from the previous local government ordinary election

· uses the same proportional representation method used in the original election

· effectively re-runs the election making the vacating councillor ineligible and distributing each of their ballot papers to the next preference on the ballot paper

· if a non-eligible candidate would be elected, the election is re-run with that candidate’s ballot papers also distributed to their next preference on the ballot paper

· re-runs the countback until an eligible candidate is elected.

Eligible candidates and the council are then notified of the result.

At a countback election, a sitting councillor cannot be unelected, and non-eligible candidates cannot be elected.

Community and Stakeholder Engagement

Engagement undertaken

There has not been and is not intended to be any community engagement on this item.

Engagement planned

There has not been and is not intended to be any community engagement on this item.

Financial and Resource Considerations

There are significant financial savings in conducting a by election using the Countback system.

Legal /Policy

All local government elections in NSW are conducted in accordance with the Local Government Act 1993 and the Local Government (General) Regulation 2005.

Impacts on Strategic/Operational/Asset Management Plan/Risk

Strategic Alignment

CSP Theme: Our civic leadership- Local leadership is strong, consultative and responsive to our community's needs

CSP Strategy: E.8 Council has a governance framework that promotes and guides accountability and transparency

Delivery Program: Develop and implement good governance systems

Operational Plan 2024-25: Assist with the coordination of the 2024 Local Government election

Environment and Climate Change

There are no Environment and Climate Change implications associated with this report.

Economic

There are no major economic benefits, apart from any financial savings to Council in conducting a by election using the Countback system.

Risk

There are no identified risks in adopting the NSW Electoral Commission.

Social / Cultural

There are no social or cultural impact in running a by election using the countback system.

Attachments

Nil

Extraordinary Council	9 October 2024
*Item 3.2 - Attachment 1*	Nomination form for the position of Deputy Mayor 2024

Extraordinary Council	9 October 2024
*Item 3.3 - Attachment 1*	Office of Local Government Model Code of Meeting Practice for Local Councils in NSW 2021

Extraordinary Council	9 October 2024
*Item 3.3 - Attachment 2*	Bega Valley Shire Council Code of Meeting Practice

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 1*	Cemeteries Advisory Committee Terms of Reference

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 2*	Community Hall Committee Terms of Reference

Extraordinary

Meeting Notice and Agenda

To:

Copy:

Live Streaming of Council Meetings

Publishing of Agendas And Minutes

Ethical Decision Making and Conflicts of Interest

A guiding checklist for Councillors, officers and community committees

Ethical decision making

Conflict of interest

The test for conflict of interest

Identifying problems

Local Government Act 1993 and Model Code of Conduct

Agency advice

Disclosure of pecuniary interests / non-pecuniary interests

Agenda

1 Apologies and requests for leave of absence

2 Declarations

3 Staff Reports – Business and Governance

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 3*	S355 General Sportsground Committee Terms of Reference 2024 - 2028

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 4*	Montreal Goldfield Management Committee Terms of Reference

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 5*	Bega Valley Awards Committee Terms of Reference

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 6*	Audit, Risk, Improvement Committee Terms of Reference

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 7*	Bega Valley Community Disaster Relief Fund Terms of Reference

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 8*	Access and Inclusion Advisory Committee Terms of Reference

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 9*	Bega Eden Merrimans Local Aboriginal Liaison Committee Terms of Reference

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 10*	Central Waste Facility Consultative Committee Terms of Reference

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 11*	Coastal Planning and Flood Management Committee Terms of Reference

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 12*	Police Liaison Committee Terms of Reference

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 13*	Bega Valley Shire Museum Advisory Group Terms of Reference

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 14*	Transport for NSW Delegations to Councils for regulation of traffic (including the operation of traffic committees)

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 15*	Bega Saleyards Advisory Group Terms of Reference

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 16*	Affordable Housing Implementation Group Terms of Reference

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 17*	Bega Valley Grants Committee Terms of Reference

Extraordinary Council	9 October 2024
*Item 3.5 - Attachment 18*	Section 355 and advisory committee members seeking reappointment

Extraordinary Council	9 October 2024
*Item 3.6 - Attachment 1*	SEATS - Membership and Advocacy 2024

Extraordinary Council	9 October 2024
*Item 3.8 - Attachment 1*	Draft_2024_Annual_Conference_Program