Agenda of Council Meeting - Tuesday, 28 November 2023

Council Meeting Agenda 28 November 2023

Nillumbik Shire Council

Agenda of the Meeting of Nillumbik Shire Council to be held
Tuesday 28 November 2023 commencing at 7:00pm

1. Welcome

Members of the public are advised the meeting will be livestreamed and recorded and the livestream recording will be made publicly available on YouTube and Council’s website.

2. Acknowledgement of Country

Nillumbik Shire Council respectfully acknowledges the Wurundjeri Woi-wurrung people as the Traditional Owners of the Country on which Nillumbik is located, and we value the significance of the Wurundjeri people’s history as essential to the unique character of the shire. We pay tribute to all First Nations People living in Nillumbik, give respect to Elders past, present and future, and extend that respect to all First Nations People.

We respect the enduring strength of the Wurundjeri Woi-wurrung and acknowledge the ongoing impacts of past trauma and injustices from European invasion, massacres and genocide committed against First Nations People. We acknowledge that sovereignty was never ceded.

Wurundjeri Woi-wurrung people hold a deep and ongoing connection to this place. We value the distinctive place of our First Nations People in both Nillumbik and Australia’s identity; from their cultural heritage and care of the land and waterways, to their ongoing contributions in many fields including academia, agriculture, art, economics, law, sport and politics.

3. Good Governance Pledge

As Councillors, we are mindful of our civic responsibilities and obligations. We pledge to take them seriously, and to carry them out with diligence and integrity.

We know the decisions we take will affect the people and environment of Nillumbik, now and in the future. We undertake, therefore, to make sound and principled decisions of lasting value, in a spirit of fairness and for the good of all.

We also pledge to serve the needs and wellbeing of the community and the environment, in an open and honest manner and to the best of our abilities.

4. Prayer

A prayer will be read.

5. Apologies/Leave of Absence

To accept apologies from any Councillors not in attendance at the meeting.

Recommendation

That the apologies be noted.

6. Declarations of conflict of interest

Councillors should note that any conflicts of interest should also be disclosed immediately before the relevant item.

7. Presentations

CFA Appreciation Awards

Presentation to our local CFA Brigades is an opportunity to acknowledge and thank each local brigade for their ongoing commitment and support they provide to the community.

The Mayor will present each brigade with a certificate of appreciation and a cheque as a gesture of Council’s gratitude.

Sporting Achievement Grants

Shayla Stickland (Ellis Ward) receives $250 as a contribution for being selected to represent Victoria at the Australian Volleyball School Cup in Queensland.

Eltham High School Volley Ball Team (Wingrove Ward) receives $500 as a contribution for being selected to represent Victoria at the Australian Volleyball School Cup in Queensland.

Markus Kuhrua (Blue Lake Ward) receives $250 as a contribution for being selected to represent Victoria at the Australian Volleyball School Cup in Queensland.

Mitchell Ayton (Edendale Ward) receives $250 as a contribution for being selected to represent Australia at the International World Tennis Tour in Queensland.

Nillumbik Shire Council wishes them every success with their future sporting pursuits.

Council Meeting Agenda 28 November 2023

12. Officers' reports

CM.092/23 Council Plan Quarterly Performance Report - 2023-2024 - Quarter 1

Distribution: Public

Manager: Jeremy Livingston, Director Culture and Performance

Author: James Hartigan, Business Performance Analyst

Summary

The purpose of this report is to present the Council Plan Quarterly Performance Report (Attachment 1) for noting.

These reporting updates are received by Council on a quarterly basis to demonstrate in a practicable and tangible way how the Council Plan 2021-2025 is being delivered to the community.

The Council Plan Quarterly Performance Report provides the first update on delivery progress and performance of the 2023-2024 Annual Action Plan actions, which align to delivery of the third year of the Council Plan 2021-2025.

Of the 37 actions in the 2023-2024 Annual Action Plan, 17 of those actions are reported quarterly, with the remaining actions reported on an annual basis in the final quarterly report for the financial year.

At present, of the 17 quarterly reporting actions, 13 are ‘on track’, two actions are experiencing minor issues, and two actions are yet to commence.

The overall position reflected in the report suggests that Council continues to make solid progress in delivering on key actions of the Council Plan and significant outcomes for the community.

Recommendation

That Council receives and notes the Council Plan Quarterly Performance Report (Attachment 1) for the first quarter of 2023-2024.

Attachments

1.	Council Plan Quarterly Performance Report - 2023-2024 - Quarter 1

Discussion

1. The Council Plan 2021-2025 was developed throughout 2021 and adopted by Council in October 2021. The Council Plan 2021-2025 has four high-level strategic themes:

· Community and Connection – to encourage inclusion and participation to support health and wellbeing and ensure that all our residents have equitable access to services, programs, events and initiatives.

· Place and Space – to protect, enhance, maintain, plan and design places and spaces that strengthen identity, reinforce character, improve accessibility, encourage social connection and enjoyment, support biodiversity and respect the environment.

· Sustainable and Resilient – to manage and adapt to changing circumstances that affect our community to ensure it remains sustainable and resilient, both now and into the future.

· Responsible and Accountable – to facilitate the best possible outcomes for our community, by demonstrating strong leadership and working actively to achieve the community’s objectives.

2. The Annual Action Plan 2023-2024, adopted by Council in May 2023 along with the 2023-2024 Annual Budget, contains 37 actions contributing to delivery of the Council Plan within the corresponding financial year. Of those 37 actions, 17 are identified for quarterly reporting, while the remainder of the actions are subject to an update in the corresponding report in the final quarter of the financial year.

Priority actions

3. Of the 17 actions reported quarterly, 13 actions are ‘on track’, two actions are experiencing minor issues, and two actions are yet to commence.

4. Some of the highlights of activities and deliverables achieved throughout this quarter include:

a) The Nillumbik Health and Wellbeing Plan 2021-2025 Year 2 Implementation Plan Report (2022-2023) was prepared and presented to Council. The report included an overview of highlights, challenges and opportunities, a snapshot of reach data and quotes, and commentary and status for each Year 2 action. 89% of actions were complete or on track, an increase from 78% in Year 1;

b) A range of activities were delivered under the Youth Strategy 2022-2026 in partnership with the Nillumbik Youth Council. Activities included four Youth Council Meetings; three smoke, drug and alcohol free FReeZA events for young people (St Andrews Sounds, Short Film Festival, Battle of the Bands); hosting a Youth Hub Forum for Young People; one Youth Hub consultation at local high school; and the launch of the Young Women Leaders Award;

c) A Project Working Group has been formed to undertake an audit of community facilities to identify opportunities to implement age-friendly improvements, with the project scope of works currently being developed;

d) Actions undertaken in the Arts and Culture Strategy 2022-2026 this quarter included completion of a successful round of heritage grants supporting local historical societies and groups; progressing the Creative Infrastructure Framework to the community engagement phase, and planning for the Nillumbik Prize for Contemporary Writing 2024;

e) Actions undertaken in the development of the new Biodiversity Strategy this quarter included community engagement to help inform the development of the new draft strategy, research into wildlife protection needs and options, analysis of urban canopy data, and convening the strategy’s working group;

f) Phase 3 community engagement was undertaken on the draft Neighbourhood Character Strategy, with Council briefed on the outcomes. It is anticipated that Council will adopt a final version of this strategy next quarter;

g) Design concepts were completed and Council was briefed on the draft framework plans and concepts for the Wattle Glen Public Realm Framework;

h) Actions undertaken in the Climate Action Plan this quarter included a briefing on Net-Zero Emissions Roadmap implementation; a procurement process to acquire a carbon accounting system to monitor and report on organisational carbon emissions; and finalising the Regional Community Electric Vehicle Transition Plan with the Northern Council Alliance. Council was also briefed on the establishment of a Climate Action Hub at Edendale Community Environment Farm;

i) Key activities undertaken as part of the Economic Development Strategy this quarter included the Shop in Our Shire Spring campaign; the Northern Business Achiever Awards; the annual Nillumbik Business Survey; and the ongoing Circular Economy Pilot program with 10 local businesses; and

j) The $12m 2023-2024 capital works program is tracking well through the first quarter. Procurement for most projects to date has indicated costs for materials and delivery have continued to escalate significantly, which will likely impact on the number of projects delivered within the available budget.

Overall status

5. The overall position as reflected in the report suggests that Council continues to make solid progress in delivering on the key actions supporting the Council Plan.

6. Reporting updates will continue to be received by Council on a quarterly basis that demonstrates in a practicable and tangible way how the Council Plan 2021-2025 is being delivered to the community.

Related Council decisions

7. In concert with the adoption of the 2022-2023 Council Budget, the Annual Action Plan 2023-2024 was adopted at the May 2023 Council Meeting.

Options

8. The report is for noting.

Council plans and policies

9. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We communicate clearly and regularly, taking the time to listen and engage with our community.

Access, Equity and Inclusion

10. A Gender Impact Assessment has not been completed for this report. However, actions developed in the Performance Report best reflect the principles outlined in the Access, Equity and Inclusion Policy where applicable.

Sustainability implications

11. One of the four themes of the Council Plan includes sustainability, identifying it as a key focus area for Council across the duration of this Council Plan.

Community engagement

12. Through the Our People, Our Place, Our Future community engagement program that occurred in February and March 2021, feedback was received which helped inform the development of the Council Plan 2021-2025. The Council Plan was also developed and refined through a series of workshops with Councillors following the general election in November 2020.

13. The Council Plan was subject to a four-week public consultation process across July and August 2021, with refinements made following the receipt of submissions. The Council Plan was subsequently adopted by Council in October 2021.

14. The Annual Action Plan 2023-2024, reflecting the third year of delivery of the four‑year Council Plan, was also adopted at the May 2023 Council Meeting.

Innovation and continuous improvement

15. Not applicable.

Collaboration

16. Not applicable.

Budget implications

17. This report is part of Council’s monitoring of the Council Plan 2021-2025. The resources for the monitoring and the preparation of this report are accommodated within the existing operational budget.

Relevant law

18. Not applicable.

Regional, state and national plans and policies

19. Not applicable.

Conflicts of interest

20. Officers who have been involved in the preparation of this report declare that they do not have a conflict of interest in the subject matter of this report.

Council Meeting Agenda 28 November 2023

12. Officers' reports

CM.093/23 September 2023 Quarter Financial Report

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Melika Sukunda, Manager Finance, Assets and Procurement

Summary

This report outlines Council’s financial performance and financial position for the period ended 30 September 2023.

The Income Statement shows an overall favourable year to date (YTD) variance of $413,125 representing 0.59 percent of YTD Budget. This reflects the combined result of higher than budgeted operating income of $558,983 and higher than budgeted operating expenses of $145,858.

Council’s overall financial position at the end of this quarter is sound.

Recommendation

That Council receives and notes the Financial Report for the period ended 30 September 2023 (Attachment 1).

Attachments

1.	Quarterly Finance Report September 2023

Discussion

1. In May 2023, Council adopted the 2023-2024 Budget.

2. Budgeted surplus reflects the amount by which operating revenue exceeds operating expenses, in accordance with relevant accounting standards.

3. Operating expenditure excludes non-operating transactions such as capital works and investments, which are separately detailed in the report.

4. The report compares actual performance to budgeted targets at this stage of the financial year.

Income statement

5. Council closed the period ending 30 September 2023 with a favourable YTD variance of $413,125 based on operating revenue and costs. This represents 0.59 percent of the YTD Budget.

6. The overall variance is made up of the following:

· Income – $558,983 (0.59 percent) favourable variance. This includes new/additional grant funding $268,399, user charges $73,117 and other revenue (including insurance and workcover refunds) $136,471 as detailed on page 6 of Attachment 1.

· Expenditure – $145,858 (0.56 percent) unfavourable, mainly attributed to reduced employee benefits expenditure $407,342 due to current vacancies, offset by additional spend across external contracts expenditure $113,061 and materials and related costs $408,991. Additional details on variances are detailed on page 7 of Attachment 1.

Balance sheet

7. The balance sheet reflects Council’s financial position at 30 September 2023 and is prepared in compliance with the Australian Accounting Standards.

8. Council’s balance sheet as detailed on page 4 of Attachment 1 continues to show a strong net position. This is represented by $1 billion of assets which is largely made up of Council’s Property, Plant and Equipment. Council’s total liabilities are $45.8 million, which results in net assets of $991.3 million.

Statement of cash flows

9. The statement of cash flows as detailed on page 5 of Attachment 1 captures Council’s actual cash transactions for the period.

10. Council is showing a cash position of $36.8 million after all cash transactions for the period to date.

11. The $36.8 million include $31.54 million held in investments for a period of 90 days or greater as detailed on page 9 of Attachment 1.

Capital works

12. The capital works report detailing YTD spend by asset class is detailed on page 9 of Attachment 1.

13. This shows an unfavourable variance of ($170,204) relative to YTD budget, largely driven by new (unbudgeted) additional works and commitments raised.

Related Council decisions

14. Council adopted the 2023-2024 Budget at the Council Meeting held on 23 May 2023.

Options

15. The detailed Financial Report for the period ended 30 September 2023 is provided in Attachment 1. This report is an analysis of Council’s financial performance and financial position as at 30 September 2023. The report also includes an analysis of budget variances.

Council plans and policies

16. This report directly supports the achievement of Council Plan 2021-2025 strategy:

· Ensure responsible and efficient management of Council's financial resources.

Access, Equity and Inclusion

17. A Gender Impact Assessment has been conducted on the budget process and Gender Responsive Budgeting included within the guidelines as a priority consideration throughout the development of the draft 2023-2024 budget.

Sustainability implications

18. Council’s financial sustainability is informed by the indicators set by the Victorian Auditor General’s Office (VAGO). These indicators comprise of both short term and longer term measures. This is monitored through the annual external audit and presented to the Audit and Risk Committee.

19. The quarterly financial statements are used as an ongoing mechanism to monitor Council’s financial position during the year.

Community engagement

20. The budget was subject to public exhibition prior to its final adoption by Council.

Innovation and continuous improvement

21. Not applicable.

Collaboration

22. Not applicable.

Budget implications

23. The Chief Executive Officer has reviewed the quarterly report and the mid-year forecast and has determined that a revised budget is not required.

24. This is a standard reporting item to Council, the associated costs for which are included in the current budget.

Relevant law

25. Local Government Act 2020, section 101 Financial Management Principles.

26. Local Government Act 2020, section 97 Quarterly Budget Report

27. Australian Account Standards.

Regional, state and national plans and policies

28. Not applicable.

Conflicts of interest

29. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 28 November 2023

12. Officers' reports

CM.094/23 Bushfire Mitigation Strategy 2019-2023 - Final Report

Distribution: Public

Manager: Blaga Naumoski, Director Governance, Communications and Community Safety

Author: Elishia Jansz, Manager Community Safety (Municipal Recovery Manager)

Summary

The Bushfire Mitigation Strategy 2019-2023 (the Strategy) was adopted by Council on
30 July 2019.

The Strategy is a priority action of the Council Plan 2021-2025 and is a strategic document of importance that helps support Council’s commitment to adopt a best practice approach to emergency and bushfire management.

Through the establishment of the operating principles and the four strategic priorities, the Strategy addresses how Council will meet its bushfire mitigation responsibilities and help guide its program of bushfire mitigation in accordance with legislative requirements, stakeholder expectations and industry best practice.

The Strategy was developed with the overall objective to achieve the most efficient and effective means to reduce bushfire risk to the community with an emphasis on building community resilience, participation and shared responsibility.

Following the adoption of the Strategy, an Action Plan (Attachment 1) was developed to support implementation and was incorporated in the Municipal Fire Management Plan 2020‑2023 (MFMP). The purpose of integrating the Action Plan into the MFMP was to ensure a shared focus on fire management planning occurred and to promote and maintain interagency partnerships.

On 3 December 2019, 22 February 2020, 1 September 2020, 15 June 2021, and 17 October 2023 Councillors were briefed on the achievements against the plan.

The purpose of this report is to outline the activities carried out during the last year of the Strategy and to acknowledge the successful conclusion of the Strategy.

Recommendation

That Council notes the successful conclusion of the Bushfire Mitigation Strategy 2019-2023.

Attachments

1.	Nillumbik Municipal Fire Management Action Plan

Discussion

Progress against strategic priorities

1. Critical to the success of Council’s Bushfire Mitigation Strategy 2019-2023 (the Strategy) is the ongoing building and maintenance of relationships across government, the private sector and the broader community. Participation, support and cooperative decision making by all these sectors working in collaboration to develop fire strategies, programs and plans for all types of fire risk, and meeting the needs of local communities, are all essential for effective implementation of fire management planning.

2. Since the adoption of the Strategy officers have been working to progress and implement a number of key programs and processes to help deliver on the actions from the Strategy. See Attachment 1.

Strategic Priority 1: Reduce the number and impact of bushfire incidents

Bushfire Mitigation Works Program

3. Council makes an annual allocation of funding towards works on Council owned and managed land to prepare for the Fire Danger Period. The Bushfire Mitigation Works Program 2023-2024 (Works Program) is informed by the current Municipal Fire Management Plan 2020-2023 (MFMP). The MFMP has an agreed process for the identification of priority roads and treatments that need to be applied to these roads and includes planned work on roadsides, fire access tracks and in Council reserves.

4. The Works Program is endorsed by the MFMPC and tabled at a Council Meeting annually.

5. A report on the Works Program was endorsed at the Council Meeting on 26 September 2023.

Fire Hazard Inspection and Enforcement Program

6. The Fire Hazard Inspection and Enforcement Program (the Program) is delivered annually by Council’s Assistant Fire Prevention Officers. In the lead up to and during the Fire Danger Period, our Officers carry out the inspection program, checking properties across Nillumbik. Fire prevention notices will be issued on land considered to be a fire risk. Inspections commence from late October into November (weather dependent) and continue through the Fire Danger Period. The Program was strengthened and streamlined through enhanced process and systems over the years to achieve improved customer outcomes.

7. The 2022/23 program commenced on 6 December 2022 and concluded on 12 April 2023 with the end of Fire Danger Period. The Program ran for 18 weeks with 9,504 property inspections completed and 199 Fire Prevention Notices issued. One non-compliant property was compulsory cleared with one infringement issued to non-compliant property owner.

8. The Program for 2023/24 commenced 8 November 2023 and is anticipated to run for 15 weeks and will include inspections of over 9000 properties within the Bushfire Management Overlay and all vacant land. The Program has been further enhanced to include use of an application ‘konnect’ to conserve battery consumption, therefore reducing inspection timeframe.

Strategic Priority 2: Creating a community focussed approach to bushfire

Communities First program

9. The Communities First program has been funded by the Victorian Government since 2020 under the ‘Safer Together’ grants program to facilitate community-led bushfire preparedness projects within Nillumbik’s rural townships.

10. The program seeks to place the community at the centre of preparing for bushfires, build on existing capacity, collaboration and strengthening relationships with communities, agencies and Council. The project also aligns to Strategic Priority 3: Creating a coordinated approach between key agencies and communities of Nillumbik and Strategic Priority 4: Ensuring strong advocacy.

11. The program has over the last two years provided pathways for community influence, decision making, capacity building, and supporting community-led response to bushfire preparedness.

12. Key achievements include:

· A successful application and funding extension of $249,655 from Safer Together. This funding covered most of the costs to employ the Relief and Recovery Coordinator and Communities First Project Officer to deliver the Program.

· Delivered a series of six short emergency management videos ahead of the 2021-2022 Fire Danger Period. The videos covered a number of topics including triggers to leave and making a bushfire plan. The community video series continued to be promoted as part of Communications Plan for 2022/23 and 2023/24.

· Community Bushfire Preparedness and Resilience Grants offered one-off funding opportunities for not-for-profit organisations and community groups to deliver initiatives that help bushfire preparedness and community resilience with bushfire prone communities in Nillumbik. Grants were awarded to support Bushfire Resilience Incorporated to deliver their webinar series and Arthurs Creek Strathewen CFA Brigade to partner with primary schools to deliver bushfire education programs.

· Communities First were successful in receiving a $20,000 Foundation for Rural Regional Renewal (FRRR) Grant for Resilience and Wellbeing to fund the 2022 Place Shapers Program. Communities First partnered with Place Activation to deliver the program which had seven Nillumbik community members from rural communities work together to design and plan locally-led, community projects.

· Communities First were successful in receiving a $250,000 EMV Risk and Resilience Grant and began the Resilient St Andrews project with community consultations. The project is community-led, aims to build community resilience in St Andrews and will be completed by February 2024.

Connected St Andrews

· In June 2022, Council was approached by the Department of Environment Energy and Climate Action (DEECA – formerly DELWP) to participate in the Energy Resilience Solutions Program, with the aim of funding and installing an energy back-up system at an appropriate community facility, for use in emergency related power outages.

· Wadambuk St Andrews Community Centre (and co-located Mens Shed at St Andrews) was identified by DEECA/AusNet as the preferred site for the energy back-up system.

· A site-owner letter was signed by Council and the Committee of Management for Wadambuk and the Mens Shed (lease-holders) in December 2022.

· DEECA, RACV Solar, AusNet and council officers recognise that the proposed system is the most emissions efficient system currently available that will provide the specified level of energy resilience.

Benefits:

· Maximum resilience - 105 hours or 5 days of power (assuming no sun to generate solar and the battery is starting at 100% charge).

· Fully automated system (integration between solar, battery & generator) – system will automatically activate and operate in the event of an outage.

· Reduces dependency on Council as community will be able to utilise the facility during an emergency without relying on any actions or assistance from Council.

· The generator will only operate if the batteries and solar are inadequate to power the facility (the generator will also recharge the batteries).

· Potentially the lowest emissions option in the event of an emergency due to long term offsetting through the additional solar and battery storage added to the facility.

· Reduces the everyday grid demand therefore reducing electricity costs for Wadambuk (supporting financial sustainability) and the Mens Shed.

· Meets the scope of the DEECA Energy Resilience Solutions Program.

Communications Plan

13. A Communication Plan is developed annually in consultation with the Communication and Engagement team.

14. In line with the Communications Plan, Officers share key messaging from agencies on fire risk and preparedness through social media posts and in conversations with community via Communities First project.

15. Over the course of the Strategy, Nillumbik News has been one of the most effective form of communication medium. The Spring edition of Nillumbik News regularly features a two page spread providing information to help residents prepare and make informed decisions in the lead up to the fire season.

16. Featured articles included but were not limited to:

· Two emergency planning workshops hosted by Council and led by the CFA were held in November 2021 to provide information and resources for Nillumbik residents and carers. CFA District 14 presented on local bushfire risks and supported attendees to start thinking about their own bushfire plan to meet their unique circumstances.

· Strathewen Primary School and information from the students on preparing for bushfire. Partnering with Arthurs Creek Strathewen CFA Brigade, the Primary School were successful in receiving a Community Bushfire Preparedness and Resilience Grant in 2021.The program involves teaching the students about the Fire Danger Rating System, how to use technical equipment to calculate the fire danger rating for their local environment.

17. The Summer edition of Nillumbik News features a one page article on preparedness for the Fire Danger Period, the Communities First Program and messaging on heat health.

18. The 2023-24 Communications Plan will cover off on key messaging for each season and also include any major events or anniversaries. Importantly, in February 2024 it will be 15 years since the Black Saturday bushfires. Council will work with our key agencies, community and the state to ensure a respectful and collaborative approach to acknowledging this important historic and devastating event.

Strategic Priority 3: Creating a coordinated approach between key agencies and community

Municipal Fire Management Plan

19. To meet the requirements of Section 43 of the Country Fire Authority Act 1978, Council continues to work in collaboration with other members of the Municipal Fire Management Planning Committee (MFMPC) and have developed a Municipal Fire Management Plan 2020-2023 (the Plan).

20. The Plan incorporates the actions identified through the Strategy and the action plan is published in the Plan available on Council’s website.

21. The new Municipal Fire Management Plan 2023-2026 (the Plan 2023-2026) was endorsed at the Municipal Fire Management Planning Committee (MFMPC) on
9 August 2023. The new Plan 2023-2026 will then go through the assurance process from the Regional Emergency Management Planning Committee (REMPC) on
24 November 2023, and will then be available on Councils website.

Strategic Priority 4: Ensuring strong advocacy

Seeking increased government funding

22. Advocating on the community’s behalf is a key Council responsibility.

23. Council has advocated for greater funding to enable Council and our communities to improve systems and information-sharing in the effort to improve bushfire preparedness and climate resilience.

24. To continue Council’s Communities First Program, grants to the value of $1.2M have been submitted to date. The table below outlines the grants received to fund the program, totalling $1,176,838.

Grant	Project name	Applied for	Outcome	Project Term
Safer Together LGA Partnerships Program	Communities First	$249,655	Successful	Completed June 2022
FRRR Grants for Resilience & Wellness	Place Shapers	$20,000	Successful	Completed June 2022
EMV Risk and Resilience Grant	Resilient St Andrews	$250,000	Successful	Commenced January 2022 to February 2024
Safer Together Strengthening Local Government Partnerships	Communities First	$300,000	Successful	July 2022 to June 2024
EMV State and Regional Priority Projects Grant Program	Disaster Resilient Nillumbik	$357,183	Successful	December 2022 to December 2024
Preparing Australian Communities Program	Building Resilient Communities	$273,393	Unsuccessful
DFFH Targeted Recovery Funding Initiative	Nillumbik Community Led Recovery Project	$97,036	Unsuccessful
NAB Foundation Community Grants	Community Connectors	$10,000	Unsuccessful
EMV Risk and Resilience Grant	Nillumbik Climate Action and Resilience Program	$87,835	Unsuccessful

Communities First will continue to pursue external funding opportunities that build upon and deliver the learnings of the extensive community engagement undertaken.

Related Council decisions

25. The Strategy was adopted by Council on 30 July 2019.

26. The Bushfire Mitigation (Fire Prevention) Works Program is noted annually by Council following the review and endorsement by the MFMPC. The 2023-2024 (Works Program) was noted by Council on 26 September 2023.

Options

27. Council to note the activities carried out during the last year of the Strategy and to acknowledge the successful conclusion of the Strategy.

Council plans and policies

28. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We continue to meet Council’s responsibilities for emergency management by working with the community and partner agencies, especially in relation to bushfire.

· [If you require more one strategy reference – please cut and paste the additional strategy from the Council Plan 2021-2025 – otherwise please delete this line]

Access, Equity and Inclusion

29. A Gender Impact Assessment was completed on all projects linked to Bushfire Mitigation Strategy 2019-2023, recommendation included:

· Connected St Andrews Grant to include gender and intersectionality lens

· Attended Wurundjeri Consultation meeting

· Promoting events through letter box drops to reach people without internet access or connections to community

· Offering child minding at community workshops so young parents and caregivers can attend

· Promote program to First Nations organisations

· Collecting demographic data as part of EOI process

Sustainability implications

30. Collaboration between MFMPC members and empowering Nillumbik communities to mitigate bushfire risk on public, private and Council land is critical to the success of the Strategy.

Community engagement

31. Community engagement is fundamental to the Strategy and continues to be fostered and integrated, largely supported through the appointment of Communities First Project Officers as part of the Communities First Program.

Innovation and continuous improvement

32. Where possible innovation and continuous improvement is included in all deliverables. The MFMPC monitors progress towards the completion of works listed in the action plan. Deliverables will continue to be updated to reflect future continuous improvement opportunities for fire management within the Shire.

Collaboration

33. The Action Plan was supported by the MFMPC which consists of membership from: Council; CFA; Department of Transport; Fire Rescue Victoria; Forest Fire Management Victoria; Parks Victoria; Melbourne Water and Victoria Police.

34. Departments across Council were involved at various levels in the delivery of the Strategy. The Emergency Management Unit actively engages with other departments to ensure collaboration and integration. These departments include:

· Governance, Communications and Community Safety (Community Safety and Communications);

· Communities (Community Partnerships and Community Programs);

· Planning, Strategy and Environment (Environment and Strategic Planning); and

· Operations and Infrastructure (Infrastructure).

Budget implications

35. The implementation of actions and programs are funded primarily through Council’s operational budget with future year’s programs to be considered as part of Council’s annual budget. There are no budget implications as a result of this briefing.

36. The Communities First Program is grant funded under Safer Together to 30 June 2024.

Relevant law

37. Not applicable.

Regional, state and national plans and policies

38. When delivering on this Strategy consideration is given to any relevant industry specific, regional, state or national plans and policies and research.

Conflicts of interest

39. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

Council Meeting Agenda 28 November 2023

12. Officers' reports

CM.095/23 Reconciliation of Special Charge Schemes - De Fredericks Road, Yarrambat and Rockliffe Street, Eltham

File: FOL/20/2003 & FOL/20/608

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Steven Blight, Manager Capital and Infrastructure

Summary

The special charge schemes outlined in this report have been completed and the final costs have been calculated. At this stage, property owners have been invoiced for the estimated cost, which was the amount at the time of declaration by Council.

Council may now vary these schemes under Section 166 of the Local Government Act 1989 to charge property owners actual costs. The amount of the refund or additional charge to each property will be proportionate with the original contribution.

Property owners in the De Fredericks Road Special Charge Scheme will receive an average refund of $5,517.76. Property owners in the Rockliffe Street Special Charge Scheme will receive an average refund of $1,535.88.

Recommendation

That Council:

1. Varies the special charge schemes under section 166 of the Local Government Act 1989, in line with the revised liabilities set out for each scheme shown in Attachment 4 (De Fredericks Road Special Charge Scheme) and Attachment 5 (Rockliffe Street Special Charge Scheme).

2. Requests officers to advise property owners in each scheme of the applicable variation and provide a refund for the required amount.

Attachments

1.	Declaration costs and actual costs
2 .	De Fredericks Road Special Charge Scheme - Scheme Area
3 .	Rockliffe Street Spacial Charge Scheme - Scheme Area
4 .	De Fredericks Road Special Charge Scheme - Apportionment
5 .	Rockliffe Street Special Charge Scheme - Apportionment

Discussion

1. When a Special Charge Scheme is declared, the liability of each property is calculated based on the estimated cost of the scheme.

2. This is the amount charged to property owners cannot be changed without a further Council resolution.

3. Under Section 165 of the Local Government Act 1989 (the Act), Council must not receive excess money for a special charge scheme.

4. If a scheme is completed for less than the estimated cost, Council must refund the balance proportionate to the original contributions received. The refund would be made to the current owners of the relevant land.

5. The table in Attachment 1 shows the final versus declared costs and when each scheme reached final completion of the works and details the cost differential.

6. The table also shows the estimated amount for each scheme at the time of declaration and the actual cost attributable to the property owners, as well as the cost and percentage difference.

7. The affected properties along De Fredericks Road and Rockliffe Street are shown on Attachment 2 and Attachment 3 respectively.

8. With regard to the De Fredericks Rd when a sprayed seal surface is used, a final seal is required approximately twelve months after the initial seal, which in this case was completed on 16 February 2023.

9. The final seal is a standard component of the cost of providing a sprayed seal surface. Schemes that involve a final seal experience a delay between when the main construction work is completed and the time when the final cost can be calculated.

10. Due to favourable site conditions this scheme incurred a relatively large refund.

11. The actual cost for the De Fredericks Road is 17.78 percent below the declared cost hence, property owners will receive a refund Attachment 4.

12. With regard to Rockliffe St, in line with the Australian Standards, traffic management devices such as road humps require adequate lighting. As road humps were included in both schemes, the lighting component was also included in the final costs.

13. The actual cost for the Rockliffe Street is 10.98 per cent below the declared cost and residents will receive a refund as shown in Attachment 5.

Related Council decisions

14. Council resolved on 23 February 2021 to declare the De Fredericks Road Special Charge Scheme (Item CM.025/21).

15. Council resolved on 23 February 2021 to declare the Rockliffe Street Special Charge Scheme (Item OCM.026/21).

Options

16. The refund of the excess funds is a requirement of the Local Government Act 1989.

Council plans and policies

17. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We continue to exercise sustainable and responsible financial management.

Access, Equity and Inclusion

18. Not applicable.

Sustainability implications

19. Environmental management was part of the criteria by which the contractor was selected to complete the road construction.

20. The sealing of De Fredericks Road and Rockliffe Street will increase the capacity of these roads to withstand potential heavy precipitation events.

Community engagement

21. Community engagement for the De Fredericks Road and Rockliffe Street special charge schemes was carried out in accordance with Council’s Special Rates and Charges Policy and Guidelines.

Innovation and continuous improvement

22. Not applicable.

Collaboration

23. Not applicable.

Budget implications

24. There are no budget implications associated for this report.

Relevant law

25. The authority of Council to declare a special charge is in accordance with Section 163 of the Local Government Act 1989.

26. Section 165 and 166 of the Local Government Act 1989 the ability for Council to vary a special charge scheme.

Regional, state and national plans and policies

27. Not applicable.

Conflicts of interest

28. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 28 November 2023

12. Officers' reports

CM.096/23 Lorimer Road, Wattle Glen - Proposed Special Charge Scheme

File: FOL/20/3711

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

uthor: Steven Blight, Manager Capital and Infrastructure

Summary

On 22 July 2020, Council received a petition by property owners to seal Lorimer Road, Wattle Glen, with costs recovered via the implementation of a Special Charge Scheme.

The result of the initial questionnaire confirmed sufficient support to proceed further with an investigation into a Special Charge Scheme to seal the full length of Lorimer Road.

Council officers held an online information session on 25 May 2022. On 23 August 2022, a formal questionnaire was sent to property owners to confirm their support for sealing the full length of road.

The level of support for a Special Charge Scheme for Lorimer Road is 49 percent (17 of the 35 property owners).

Responses also indicated a group of property owners located at the southern end of the road are supportive of the proposal.

In view of this, Council officers engaged with the relevant property owners to ascertain if there is sufficient support for a partial scheme.

On 22 May 2023 a new formal questionnaire was sent to the southern residents of Lorimer Road (between 29 Lorimer Road and Reynolds Road) to establish the level of support for a partial scheme. 57 percent of property owners were in support (13 out of 23 property owners).

The level of support is below the 60 percent threshold for either a full length or partial length seal of Lorimer Road.

Therefore, it is recommended Council abandon the Special Charge Scheme for Lorimer Road and place further investigations for road construction of Lorimer Road on a three year moratorium.

Recommendation

That Council:

1. Abandons further investigations into a Special Charge Scheme for Lorimer Road, Wattle Glen.

2. Places any further investigations into a Special Charge Scheme for Lorimer Road on a three year moratorium.

3. Notifies all affected property owners accordingly.

Attachments

1.	Proposed Scheme Area - Full length of Lorimer Road
2 .	Proposed Scheme Area - Section between 29 Lorimer Road and Reynolds Road

Discussion

1. On 22 July 2020 Council received a petition signed by the property owners in Lorimer Road, Wattle Glen requesting that Council investigate road sealing.

2. Questionnaires were then sent to all property owners in Lorimer Road, Wattle Glen on 20 August 2020 to establish the level of support to construct the road, via a Special Charge Scheme.

3. The questionnaire result demonstrated a sufficient level of support to proceed with further investigation (refer table below).

	Construction	No Change	Total
Votes	21	14	35
Percentage	60%	40%	100%

4. Council officers held an on line information session on 25 May 2022 with the property owners.

5. On 23 August 2022 a formal questionnaire was sent to property owners of Lorimer Road to ascertain the level of support for sealing the road, via a Special Charge Scheme.

6. The proposed scheme area is shown in attachment 1. The results of the formal questionnaire are shown in the table below.

	Construction	No Change	Total
Votes	17	18	35
Percentage	49%	51%	100%

7. The results of the questionnaire did not demonstrate sufficient level of support for sealing the full length of Lorimer Road.

8. However it also indicated that there was a group of property owners located at the southern end of the road that were supportive of the proposal.

9. In view of this, Council officers engaged with the relevant property owners to ascertain if there is sufficient support for a partial scheme at the southern end of Lorimer Road only.

10. On 22 May 2023 a formal questionnaire was sent to the southern residents of Lorimer Road (between 29 Lorimer Road and Reynolds Road) to ascertain the level of support for the partial sealing the road, via a Special Charge Scheme.

11. The proposed scheme area is shown in Attachment 2. The results of the formal questionnaire are shown in the table below.

	Construction	No Change	Total
Votes	13	10	23
Percentage	57%	43%	100%

12. The level of support established for a Special Charge Scheme for the partial sealing of Lorimer Road was 57 percent, which is below the 60 percent level of support required.

13. The level of support is below the level required in accordance with Council’s endorsed Special Charge Schemes for Road and Drainage Works Policy & Guidelines.

14. It is recommended that Council abandon the Scheme for Lorimer Road and place further investigations for road construction of Lorimer Road on a 3 year moratorium.

Related Council decisions

15. Not applicable.

Options

16. Abandon further investigation into a Special Charge Scheme reflective of the responses provided and following the current guidelines and place any further scheme investigation on a three year moratorium and notify affected property owners accordingly.

Council plans and policies

17. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We continue to deliver on our road management responsibilities; working to enhance infrastructure that aligns with the character of the neighbourhood.

Access, Equity and Inclusion

18. Not applicable.

Sustainability implications

19. Council is committed to using environmentally sustainable materials where available.

Community engagement

20. Consultation has been carried out in line with Council’s Special Charge Schemes for Road and Drainage Works Policy & Guidelines.

Innovation and continuous improvement

21. Not applicable.

Collaboration

22. Not Applicable.

23. All costs associated with the investigation are accommodated within existing operational budgets.

Relevant law

24. The ‘Special Charge Scheme’ legislation under Section 163 of the Local Government Act 1989, enables a Council to recover the cost of the works from the property owners, for works that will be of special benefit to them.

Regional, state and national plans and policies

25. Not Applicable.

Conflicts of interest

26. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

Council Meeting Agenda 28 November 2023

12. Officers' reports

CM.097/23 Charlber Lane, St Andrews - Proposed Special Charge Scheme

File: FOL/20/3712

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Steven Blight, Manager Capital and Infrastructure

Summary

On 12 April 2019, Council received a petition by property owners to seal Charlber Lane, St Andrews, with costs recovered via the implementation of a Special Charge Scheme.

On 9 September 2019, an initial questionnaire was sent to all property owners to gauge their level of support to construct the entire road length to a rural residential construction standard. The process was on hold due to Covid19.

The result of the questionnaire confirmed sufficient support to proceed further with an investigation into a Special Charge Scheme to seal the full length of Charlber Lane.

Council officers held an online information session on 24 March 2022. On 23 May 2023, a formal questionnaire was sent to property owners to confirm their support for sealing the section of road.

The level of support established for a Special Charge Scheme for Charlber Lane, St Andrews was 29 percent (4 of the 14 property owners).

The level of support is far below 60 per cent threshold required for sealing of Charlber Lane.

Therefore, it is recommended that Council abandon the Scheme for Charlber Land and place further investigations for road construction of Charlber Lane on a three year moratorium.

Recommendation

That Council:

1. Abandons further investigations into a Special Charge Scheme for Charlber Lane, St Andrews.

2. Places any further investigations into a Special Charge Scheme for Charlber Lane on a three year moratorium.

3. Notifies affected property owners accordingly.

Attachments

1.	Proposed Scheme Area - Full length of Charlber Lane

Discussion

1. On 12 April 2019 Council received a petition signed by the property owners in Charlber Lane, St Andrews requesting that Council investigate road sealing.

2. Questionnaires were then sent to all property owners in Charlber Lane, St Andrews on 9 September 2019 to establish the level of support to construct the road, via a Special Charge Scheme.

3. It should be noted that there are 16 properties in Charlber Lane, however two properties are Crown Land and cannot be included in the voting calculations.

4. As a result, only 14 properties are used in the calculations to determine the level of support in this instance.

5. Crown Land is exempt from Special Charge Schemes in line with the Local Government Act 1989. Should any scheme demonstrate sufficient support to proceed where Crown Land is involved, Council would be responsible for the liability of those Crown Land properties.

6. The questionnaire result demonstrated a sufficient level of support to proceed with further investigation (refer to table below).

	Construction	No Change	Total
Votes	10	4	14
Percentage	71%	29%	100%

7. Council officers held an online information session on 24 March 2022 with the property owners.

8. On 23 May 2023 a formal questionnaire (including cost estimate) was sent to property owners of Charlber Lane, St Andrews to ascertain the level of support for sealing the road, via a Special Charge Scheme.

9. The results of the formal questionnaire are shown in the table below:

	Construction	No Change	Total
Votes	4	10	14
Percentage	29%	71%	100%

10. The level of support established for a Special Charge Scheme for the sealing of the full length of Charlber Lane was 29 percent, which is far below the 60 per cent level of support required.

11. The level of support is below the level required in accordance with Council’s endorsed Special Charge Schemes for Road and Drainage Works Policy & Guidelines. It is recommended that Council abandon the Scheme for Charlber Lane and place further investigations for road construction of Charlber Lane on a 3 year moratorium.

Related Council decisions

12. Not applicable.

Options

13. Abandon further investigation into a Special Charge Scheme reflective of the responses provided and following the current guidelines and place any further scheme investigation on a three year moratorium and notify affected property owners accordingly.

Council plans and policies

14. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We continue to deliver on our road management responsibilities; working to enhance infrastructure that aligns with the character of the neighbourhood.

Access, Equity and Inclusion

15. Not applicable.

Sustainability implications

16. Council is committed to using environmentally sustainable materials where available.

Community engagement

17. Consultation has been carried out in line with Council’s Special Charge Schemes for Road and Drainage Works Policy & Guidelines.

Innovation and continuous improvement

18. Not applicable.

Collaboration

19. Not applicable.

Budget implications

20. All costs associated with the investigation are accommodated within existing operational budgets.

Relevant law

21. The ‘Special Charge Scheme’ legislation under Section 163 of the Local Government Act 1989, enables a Council to recover the cost of the works from the property owners, for works that will be of special benefit to them.

Regional, state and national plans and policies

22. Not applicable.

Conflicts of interest

23. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 28 November 2023

12. Officers' reports

CM.098/23 Victorian Kangaroo Harvesting Program

Distribution: Public

Manager: Rosa Zouzoulas, Director Planning, Environment and Strategy

Author: Leigh Northwood, Manager Strategic Planning and Environment

Summary

Council has received a petition with around 14,000 signatures (of which 602 are hard copy and the balance electronic), calling on the Victorian Government to exclude Nillumbik Shire from the state government Kangaroo Harvesting Program (KHP).

Council does not administer the KHP, the petitioners are requesting that Council advocate to the state government to exclude Nillumbik from the Central zone of the KHP.

This report recommends that Council advocate for improvements to the KHP to ensure transparency, accountability and sustainability outcomes.

Recommendation

That Council:

1. Advocates for improvements that would help to make the Victorian Harvesting Program (KHP) more accountable, including that:

a) Harvesters be required to more transparently confirm that kangaroos are “damaging buildings, pasture, crop or other property, threatening human safety or impacting on biodiversity” before commencing work at a new property.

b) A second aerial transect be flown over Nillumbik to improve confidence in the local kangaroo abundance count.

c) Data be collected, and made publically available, to the local government area level on the number of kangaroos that are removed annually via the Kangaroo Harvesting Program.

d) Consideration be given as to how hunters can be required and/or incentivised to not overly focus on removing the largest kangaroos.

e) Periodic shooting competency tests be required to be undertaken by harvesters to ensure that they have the skills to shoot accurately.

f) Additional compliance audits of KHP harvesters operating in Nillumbik be undertaken and reported on.

g) The State Government provide further investment into monitoring native vegetation / kangaroo habitat condition to better understand where kangaroo control for biodiversity purposes is most warranted, or conversely, not warranted.

Attachments

Nil

Discussion

1. Kangaroos are a protected native species, but they can sometimes require management for the health and welfare of kangaroo populations and/or the protection of people, property and biodiversity.

2. There are two mechanisms that provide the framework for the legal shooting/harvesting of kangaroos in Victoria:

a) The state government’s Kangaroo Harvest Management Plan 2021-2023 which is delivered via its Kangaroo Harvesting Program.

b) Obtaining an Authority to Control Wildlife (ATCW).

3. The Kangaroo Harvest Management Plan is due to expire and be updated in coming months.

4. Sectors of the community have requested that Council consider advocating to the state government for Nillumbik to be removed from the Victorian Kangaroo Harvesting Program. A community petition has received around 14,000 signatures calling on the Victorian Government to remove Nillumbik from the Kangaroo Harvesting Program.

5. It is a complex issue:

a) Petitioners have expressed significant concern that the harvested kangaroos are not being treated humanely, and there is concern over the implications of the program having a commercial nature.

b) Data obtained from Wildlife Victoria indicates that kangaroos have dominated the number of injured animals that wildlife rescuers have attended to in Nillumbik over the past 10 years. The data does not identify gunshot injuries as being a cause for these call-outs, the vast majority of injuries are the result of vehicle strikes.

c) Areas with overabundant kangaroo presence and the associated grazing and browsing pressure on native grasses and plants can reduce native vegetation condition, reduce habitat quality for other native animals, and reduce the success rate of new plantings and natural regeneration; and can potentially impact on threatened species, especially when combined with pressures presented by pest animals such as rabbits and deer. Overabundant presence can also lead to economic impacts to Nillumbik farms and local vineyards through damage to fencing, netting, eating of vines and reduced feed for livestock. Such impacts are reported locally.

Kangaroo Harvest Management Plan (KHMP) and Kangaroo Harvesting Program (KHP)

6. The Kangaroo Harvest Management Plan permits the commercial harvest of kangaroos (for pet or human food) on private land, in designated harvest zones, and requires that harvesting must be ecologically sustainable, humane, and only undertaken by authorised people.

7. Under the associated Kangaroo Harvesting Program (KHP), landholders in eligible areas (harvest zones) can use authorised harvesters to control kangaroos on their property at no charge. The harvester then removes the carcass from the property.

8. There are seven Victorian harvest zones within which harvesting is permitted, and which form the geographic basis for the state government’s kangaroo abundance counts and annual quota setting.

9. Nillumbik is located within the yellow Central zone in the below map; and is one of 13 LGAs that are in this zone: Ballarat, Brimbank, Hepburn, Hume, Macedon Ranges, Melton, Mitchell, Moorabool, Mount Alexander, Murrundindi, Nillumbik, Whittlesea and Yarra Ranges.

Map 1 The seven kangaroo harvest zones.

A map of different colored regions

Description automatically generated

10. The annual quota is set to limit the permitted annual harvest (i.e. the maximum number of kangaroos that can be ‘taken’ each year). These quotas allow for a maximum of 10% of the estimated kangaroo population to be harvested/shot via the Kangaroo Harvesting Program and the Authority to Control Wildlife program combined.

a) Based on publically available data, in 2022 it was estimated that there were 821,000 kangaroos in the (yellow) Central zone. It had a KHP quota of 46,150 kangaroos, of which a total of 24,414 kangaroos were reported as actually harvested. This represented 4% of the estimated kangaroo population for the Central zone.

b) KHP harvest records are only maintained at the zone level, not at a local government/council level, therefore currently there is no data provided by the program that allows for determination of how many kangaroos are harvested within Nillumbik through the KHP.

11. The KHMP is due to expire at the end of 2023 and is currently under review by the State government ahead of a new KHMP being released in early 2024. The scope of the review focuses on the objectives and requirements within the KHMP.

12. Initial consultation occurred in June-July 2023. It is anticipated that a second round of consultation, which will present the draft updated KHMP for comment, will occur before the end of 2023.

13. Council can participate in, and advocate via, that consultation process.

Authority to Control Wildlife Scheme

14. The other option for Nillumbik landholders who wish to manage kangaroo numbers on their property is to obtain an Authority to Control Wildlife (ATCW).

15. In 2022, 14 ATCWs for kangaroo control were issued for Nillumbik, permitting a total of up to 150 kangaroos to be ‘taken’ (i.e. lethally controlled).

16. Operational differences include:

a) Under the ATCW system, a justification that there is a need to control the native wildlife species must be demonstrated in writing in order to be granted the ATCW. There is potential for Council to advocate for a stronger evidence requirement to also be required under the KHP.

b) Whereas the KHP requires its harvesters to be trained and registered, this is not the case with the ATCW. The landholder or a volunteer shooter (assuming they hold the required gun licence) is generally permitted to shoot the kangaroos, or alternatively the landholder may choose to engage a professional.

c) Whereas it is free for a landholder to participate in the KHP, there may be costs associated with kangaroo control that is undertaken via an ATCW if the landholder does choose to engage a professional hunter/business to carry out the work.

Related Council decisions

17. At the Council Meeting on 24 October 2023, Council formally received a petition in two parts containing 13,956 signatures (602 hardcopy and 13,354 electronic), making Council aware of, and calling on the State Government to remove Nillumbik from the Kangaroo Harvesting Program.

18. At the Council meeting on 26 September 2023, a Notice of Motion was moved that Council:

a) Notes community concern regarding the cruelty involved in the Kangaroo Harvesting Program run by the State Government.

b) Requests that officers brief Council on the program and potential advocacy to state government in October 2023.

Options

19. The topic of control of native animals is highly emotive and controversial. It is also an extremely complex issue that doesn’t have an easy solution; and there is somewhat limited publically available data and evidence available to inform views, particularly at the local government scale.

20. Sectors of the community have expressed a strong desire for Nillumbik to be removed from Victoria’s Kangaroo Harvesting Program, however there are also valid environmental and economic benefits to the program.

21. The following are potential advocacy options for Council to consider:

Option 1

Take no action.

Option 2

Advocate to remove Nillumbik from the Victorian Kangaroo Harvesting Program.

Option 3

Advocate for improvements that would help to make the Kangaroo Harvesting Program more accountable, including (as recommended) that:

a. Harvesters be required to more transparently confirm that kangaroos are “damaging buildings, pasture, crop or other property, threatening human safety or impacting on biodiversity” before commencing work at a new property.

b. A second aerial transect be flown over Nillumbik to improve confidence in the local kangaroo abundance count.

c. Data be collected, and made publically available, to the local government area level on the number of kangaroos that are removed annually via the Kangaroo Harvesting Program.

d. Consideration be given as to how hunters can be required and/or incentivised to not overly focus on removing the largest kangaroos.

e. Periodic shooting competency tests be required to be undertaken by harvesters to ensure that they have the skills to shoot accurately.

f. Additional compliance audits of KHP harvesters operating in Nillumbik be undertaken and reported on.

g. The state government provide further investment into monitoring native vegetation / kangaroo habitat condition to better understand where kangaroo control for biodiversity purposes is most warranted, or conversely, not warranted.

Council plans and policies

22. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We are committed to protecting and enhancing the environmental integrity of our community’s unique surroundings, Aboriginal heritage, natural environment and diverse wildlife.

Sustainability implications

23. The issue of kangaroo management has environmental, social and economic implications.

Community engagement

24. Council has received a community petition which has received 13,956 signatures, making Council aware of, and calling on the State Government to remove Nillumbik from the Kangaroo Harvesting Program.

25. Numerous emails have also been received which, together with the petitions, have raised matters such as:

· A desire for native wildlife to be protected, not killed.

· Concern about the scale of the program.

· Belief that licenced harvesters are incentivised to control kangaroos because of the price per kangaroo commercial aspect to the program.

· Concern that profit is being made from the harvesting of kangaroos.

· Concern that harvesters approach landholders, with little regard as to whether kangaroos at that location are actually damaging pasture or impacting on biodiversity values.

· Concern that the kangaroo abundance numbers that the annual quota is based on are unsubstantiated.

· Concern that the shooting is unsafe for nearby residents.

· Concern for the wellbeing of the wildlife carers and rescuers who respond to kangaroos that are injured.

· Claims that there are now areas with no kangaroos left.

26. There are other sectors of the community that may not share these views, and who believe that managing the kangaroo population is important to help protect other wildlife and biodiversity; and to protect vineyard, grazing and other farming assets.

27. Officers consulted with representatives of the Wurrundjeri Woi-Wurrung Corporation on 12 October 2023. It was expressed that kangaroos have great significance spiritually and culturally, as does other native wildlife. It is likely that this complex matter will be elevated for discussion within the Corporation. They may engage directly with DEECA on the matter.

28. Council’s Environment and Sustainability Advisory Committee was consulted on 25 October 2023. The members present advised that population management of kangaroos in Nillumbik is needed; and if properly managed and audited, a state government delivered/funded kangaroo management program is supported.

29. Council has not engaged with the broader Nillumbik community to ascertain whether there are other sentiments.

30. It is anticipated that the Nillumbik community will have the opportunity to participate in the Victorian Government’s consultation on the Kangaroo Harvest Management Plan in the coming months.

Collaboration

31. Officers have engaged with DEECA, DJPR, Victoria Police and neighbouring Councils about the matters of this report; and have liaised with Wildlife Victoria to obtain data on wildlife rescues across the shire over the past ten years.

Budget implications

32. There are no budget implications

Relevant law

33. Wildlife Act 1975 (Victoria)

34. Prevention of Cruelty to Animals Act 1986

35. Wildlife Regulations 2013

36. Meat Industry Act 1993

37. Firearms Act 1996

Regional, state and national plans and policies

38. Victorian Kangaroo Harvest Management Plan 2021 – 2023

Conflicts of interest

39. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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12. Officers' reports

CM.099/23 Instrument of Appointment and Authorisation (Planning and Environment Act 1987)

File: GF/20/96

Distribution: Public

Manager: Blaga Naumoski, Director Governance, Communications and Community Safety

Author: Katia Croce, Manager Governance and Property

Summary

Section 224 of the Local Government Act 1989 provides for the appointment of Authorised Officers for the purposes of the administration and enforcement of any Act, regulations or local laws which relate to the functions and powers of the Council.

The Chief Executive Officer makes these appointments by authority conferred by Instrument of Delegation by Council dated 27 July 2021.

Section 147(4) of the Planning and Environment Act 1987 provides for the appointment and authorisation of Council Officers for the purpose of the Planning and Environment Act 1987.

To strengthen Council’s decision making and enforcement processes, appointment of authorisation under the Planning and Environment Act 1987 is being recommended by Council Resolution.

Recommendation

That Council in the exercise of the powers conferred by s147(4) of the Planning and Environment Act 1987, resolves that:

a) The Nillumbik Shire Council staff referred to in the Instrument of Appointment and Authorisation (Planning and Environment Act 1987) (Attachment 1) be appointed and authorised as set out in the instrument.

b) The common seal of Council be affixed to the Instrument.

c) The Instrument comes into force immediately after the common seal of Council is affixed to the Instrument and remains in force until Council determines to vary or revoke it.

Attachments

1.	Instrument of Appointment and Authorisation for Planning and Environment Act 1987

Discussion

1. The purpose of this report is for Council to consider executing an Instrument of Appointment and Authorisation under the Planning and Environment Act 1987 (Instrument).

2. Instruments of Appointment and Authorisation enable Council staff to exercise powers permitted to authorised officers under legislation or Council local laws.

3. Council subscribes to the Maddocks Authorisations and Delegations service. The appointment and authorisation of officers for the purposes of enforcing the Planning and Environment Act 1987 enables day to day statutory and operational decisions to be made in relation to this Act.

4. The proposed Instrument (Attachment 1) is based on the model developed by Maddocks Lawyers and available through the subscription service.

5. Maddocks recommend that Officers enforcing the Planning and Environment Act 1987 be authorised by Council resolution and that Instruments of Appointment and Authorisation be refreshed on a regular basis. The instruments are reviewed by Governance as required to ensure they are up to date. The current Instrument is dated 24 October 2023.

Related Council decisions

6. Not applicable

Options

7. It is recommended by Officers that Council resolves that the Officers referred to in the instrument (Attachment 1) be appointed and authorised as set out in the instrument.

Council plans and policies

8. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We act in the best interests of our community.

Access, Equity and Inclusion

9. Not applicable

Sustainability implications

10. Not applicable

Community engagement

11. As a legislative requirement and an administrative function of Council, Community engagement is not required.

Innovation and continuous improvement

12. Council’s appointments and authorisations under the Planning and Environment Act 1987 have been signed under delegation to the CEO in accordance with legal advice. In order to strengthen Council’s decision making and enforcement process it is recommended that Council make these appointments by Council Resolution.

Collaboration

13. Not applicable

Budget implications

14. The appointment of authorised officers is an administrative exercise undertaken by Council Officers. There is no additional resourcing required if Council supports and resolves the officer recommendation.

Relevant law

15. Section 224 of the Local Government Act 1989

16. Section 147(4) of the Planning and Environment Act 1987

Regional, state and national plans and policies

17. Not applicable

Conflicts of interest

18. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

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Council Meeting Agenda 28 November 2023

12. Officers' reports

CM.100/23 Tender Report - Contract 2324-017 Supply and Delivery of Grader

Distribution: Public

Manager: Vince Lombardi, Chief Operating Officer

Author: Jeff Saker, Manager Operations Centre

Lance Clark, Senior Procurement Specialist

Summary

This report recommends the awarding of contract 2324-017 for Supply and Delivery of Grader to replace an existing unit that is to be replaced as part of Councils 10 Year Fleet/Plant replacement program.

The Tender Evaluation Panel (TEP) has assessed all submissions and this report provides a summary of their evaluation in recommending the awarding of the contract for 2324-017 for Supply and Delivery of Grader.

Pursuant to the Instrument of Delegation to the Chief Executive Officer, the value of this contract exceeds the specified financial limits and a Council resolution is therefore required to award the contract.

Recommendation

That Council:

1. Accepts the tender submitted by the preferred tenderer for the sum of $[Redacted] (inclusive of GST) and enter into the following contract to purchase:

Number: 2324-017

Title: Supply and Delivery of Grader

2. Authorises the Chief Operating Officer to finalise and execute the contract documentation.

3. Advises all tenderers accordingly.

4. Makes public the decision regarding this contract but the Tender Evaluation Report (Attachment 1) remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

5. Resolves that the preferred tenderer be named.

Attachments

1.	Attachment 1 - Tender 2324-017 Evaluation Summary Report - Confidential

Discussion

1. As part of Councils Unsealed Roads maintenance and operational requirements, Council operates 2 Road Graders.

2. One of these graders is now due to be replaced as part of Councils 10 Year Fleet/Plant replacement program.

Council plans and policies

3. This report directly supports the achievement of the Council Plan 2021-2025 strategy Good governance

· We continue to exercise sustainable and responsible financial management.

Tender overview

The Tender Evaluation Panel (TEP) advises that:

4. A selective tender was issued on 31 August 2023.

5. The tender was issued to 5 of the primary companies that deal with the required equipment needed and were selected from the MAV Agency Panel Contract for Heavy Plant Machinery Equipment (NPN2.15-2).

6. The period for tender submissions closed at 2pm on Thursday 21 September 2023.

7. The following tenders were received:

TENDERER
Tenderer A – Preferred Tender
Tenderer B

8. The following Evaluation Criteria and Weightings were applied during the evaluation of the conforming and competitive tenders. These weightings were set and agreed to by the Tender Evaluation Panel Members prior to the issue of the tender.

Criteria	Weighting %
Access to operators seat/position	20%
Ergonomics	22%
Driving position	20%
Operation	20%
General Unit Mechanicals	18%

9. The weightings reflect the relative importance of each element to this particular contract.

10. The weightings were determined as being most appropriate after discussions with the operators of the existing grader units and which were likely to have the most impact on the achievement of best value in relation to choice of unit.

11. The members of the TEP were:

Position Title	Business Unit	Scoring Member or Advisory Member
Unsealed Roads Team Leader	Operations Centre	Advisory
Grader Operator, Truck Driver	Operations Centre	Scoring
Grader Operator	Operations Centre	Scoring
Team Leader Fleet Maintenance	Operations Centre	Advisory
Operations Specialist – Quality Assurance and Fleet	Operations Centre	Advisory
Senior Procurement Specialist	Finance, Assets & Procurement	Advisory

12. The final evaluation outcome was as follows:

TENDERER	SCORE	RANK
Tenderer A – Preferred Tender	80	1st
Tenderer B	73	2nd

13. The recommended tender was the highest ranked and is considered best value due to the options available with the preferred unit.

14. Attachment 1 - Tender Evaluation Summary Report 2324-017 – Confidential, provides the tenderer names and the Evaluation Scorecard Summary.

15. The Tender Evaluation Summary Report 2324-017 (Attachment 1) to remain confidential on the grounds specified in the definition of confidential information in section 3(1)(g) of the Local Government Act 2020.

Fit for Purpose Testing

16. The preferred grader unit performed the higher of the two tendered grader units when looking at overall fit for purpose requirements.

17. Members of the TEP (Unsealed Roads Team Leader, Grader Operator, Truck Driver, Grader Operator, and Team Leader Fleet Maintenance) undertook hands-on testing of the both units, and the preferred unit is their preferred vehicle to operate and maintain.

Collaboration

18. This contract to purchase is sourced via the MAV Agency Panel Contract for Heavy Plant Machinery Equipment (NPN2.15-2).

Contingency and risks

19. Due to current supply chain constraints across the industry, the lead time to receive the new unit from date of purchase confirmation will be six to eight months.

Budget implications

20. The cost of purchasing the new grader units is budgeted for via the Plant Reserve.

Sustainability implications

21. Not applicable.

Stakeholder Consultation/communication

22. Not applicable

Innovation and continuous improvement

23. Not applicable

Relevant law

24. Sections 108 and 109 of the Local Government Act 2020.

Regional, state and national plans and policies

25. Not applicable

Conflicts of interest

26. As part of the tender process, all members of the Tender Evaluation Panel were required to declare any disclosable conflicts of interest.

27. There were no disclosable conflicts of interest raised.

12. Officers' reports

CM.101/23 Informal Meetings of Councillors Records - 28 November 2023

Distribution: Public

Manager: Blaga Naumoski, Director Governance, Communications and Community Safety

Author: Katia Croce, Manager Governance and Property

Summary

In accordance with Item 20 of Council’s Governance Rule – Meeting Procedures, adopted on 25 July 2023, Council is required to report as soon as practicable to a Council Meeting a record of each Informal Meeting of Councillors held.

This report lists Informal Meetings of Councillors Records submitted since the matter was last reported to Council on 24 October 2023.

An Informal Meeting of Councillors Record was kept for the following meetings (Attachment 1):

1. Environment and Sustainability Advisory Committee held 11 October 2023

2. Living & Learning Nillumbik Advisory Committee held 16 October 2023

3. Councillor Briefing held 17 October 2023

4. Council Meeting Pre-Meet held 24 October 2023

5. Councillor Briefing held 31 October 2023

6. Youth Advisory Council held 6 November

7. Councillor Briefing held 8 November 2023.

Recommendation

That Council, in accordance with Item 20 of Council’s Governance Rule – Meeting Procedures, receives the Informal Meetings of Councillors Records (Attachment 1) for the meetings held.

Attachments

1.	Informal Meeting of Councillors record reported 28 November 2023

Discussion

1. Item 20 of Council’s Governance Rule – Meeting Procedures, requires records of Informal Meetings of Councillors be reported to a Council Meeting and recorded in the minutes of that meeting.

Related Council decisions

2. Not applicable.

Options

3. An Informal Meetings of Councillors is defined in Item 20 of the Governance Rule – Meeting Procedures. It is a meeting at which matters are considered that are intended or likely to be the subject of a Council decision or the exercise of delegated authority and which is either of the following:

· Planned or scheduled meeting that includes at least half the Councillors and at least one Council officer. These meetings do not include meetings of Councillors and Council staff that are not planned or scheduled.

· Meeting of an Advisory Committee where at least one Councillor is present. An Advisory Committee is any committee established by the Council, other than a special committee, that provides advice to the Council or to a special committee or to a member of Council staff who has been delegated a power or duty or function of the Council.

4. A record must be kept of any Informal Meeting of Councillors and include the names of all Councillors and Council staff attending, the matters considered, disclosures of conflict of interest and whether a Councillor left the meeting after making a disclosure.

5. In accordance with Item 20 of the Governance Rule – Meeting Procedures, Council is required to report as soon as practicable to a Council Meeting, a record of any Informal Meetings of Councillors held.

6. The recommendation contains the list of Informal Meetings of Councillors records submitted since the matter was last reported to Council at the last Council Meeting.

Conclusion

7. It is recommended that Council receives the records of recent records of Informal Meetings of Councillors as contained in this report, fulfilling Item 20 of the Governance Rule – Meeting Procedures.

Council plans and policies

8. This report directly supports the achievement of the Council Plan 2021-2025 strategy:

· We maintain good governance and transparency; clearly defining and communicating the role of Councillors and Council.

Access, Equity and Inclusion

9. A Gender Impact Assessment has not been completed for this report.

Sustainability implications

10. Not applicable.

Community engagement

11. Not applicable.

Innovation and continuous improvement

12. Not applicable.

Collaboration

13. Not applicable.

Budget implications

14. This is a routine reporting item, the resources for which are contained in Council’s current operating budget.

Relevant law

15. Local Government Act 2020.

Regional, state and national plans and policies

16. None applicable.

Conflicts of interest

17. All officers involved in the preparation of this report have made a declaration that they do not have a conflict of interest in the subject matter of this report.

THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK

Council Meeting Agenda 28 November 2023

13. Items to be Tabled

Tabling of Arbiter's Decision and Statement of Reasons (IAP 2023-12)

In accordance with Section 147(4) of the Local Government Act 2020, the arbiter’s decision and statement of reasons on the matter of an application by Councillor Ben Ramcharan concerning Councillor Natalie Duffy (IAP 2023-12) be tabled and that the decision be recorded in the minutes of the meeting.

IN THE MATTER OF AN APPLICATION FOR AN INTERNAL ARBITRATION PROCESS

NILLUMBIK SHIRE COUNCIL

IAP 2023-12

HEARING PURSUANT TO DIVISION 5 OF PART 6 OF THE LOCAL GOVERNMENT ACT 2020

Applicant: Mayor Ben Ramcharan

Respondent: Councillor Natalie Duffy

Date of hearing: Tuesday, 17 October 2023

Place of hearing: Macey Training Room at Edendale Farm, Edendale-Gastons Road, Eltham

Arbiter: Simon Heath

DETERMINATION:

Mayor Ben Ramcharan seeks a finding of misconduct against that Councillor Natalie Duffy relating to eight allegations, the details of which are summarised below.

The Arbiter acknowledges Mayor Ramcharan’s withdrawal of the First, Second, and Fourth allegations in the Application and the withdrawal of the Seventh and Eighth allegations which were raised subsequently. The withdrawal of those allegations is appropriate given that the Arbiter does not have jurisdiction to consider them.

The Arbiter does not make a finding of misconduct in relation to the Third and Sixth allegations.

In relation to the Fifth allegation, the Arbiter determines that Councillor Duffy has failed to comply with the standards of conduct and, as such, makes a finding of misconduct against her.

The Arbiter directs that Councillor Duffy make a written apology for that misconduct,

STATEMENT OF REASONS

The Application

1. The ‘Application for an Internal Arbitration Process’ is dated 24 June 2023 and seeks a finding of misconduct against the Respondent in relation to six alleged breaches of the standards of conduct (Application).

2. When providing further material in support of the Application on 31 August 2023, the Applicant sought to raise two further allegations that the Respondent had breached the standards of conduct (further allegations).

Arbiter’s jurisdiction

3. The Arbiter was appointed pursuant to sections 144 and 149 of the Local Government Act 2020 (Act).

4. Section 143 of the Act provides that an Arbiter may hear an application that alleges misconduct by a Councillor.

5. Section 143(3) of the Act provides that an Application “must be made within 3 months of the alleged misconduct occurring”. Accordingly, any alleged misconduct must have occurred on or after 24 March 2023.

6. Pursuant to section 147 of the Act, an Arbiter may determine whether or not a Councillor has engaged in misconduct.

7. Importantly, “misconduct” is defined in Section 3 of the Act as follows:

“…any breach by a Councillor of the standards of conduct”

8. That section specifies that “standards of conduct” as those referred to in section 139(3)(a) of the Act which, in turn, specifies those set out in Schedule I to the Local Government (Governance and Integrity) Regulations 2020 (Standards). A copy thereof is attached as Annexure A.

9. Pursuant to section 139 of the Act, the Standards are to be included in a Councillor Code of Conduct (Code). The Standards have been adopted by the Nillumbik Shire Council and are contained in paragraph 4 of its Code.

10. Pursuant to section 141 of the Act, the internal arbitration process applies only to breaches of the Standards.

11. The Arbiter does not have jurisdiction to determine alleged breaches of section 123 or section 124 of the Act. Breaches of those sections, as defined in section 3 of the Act, constitute “serious misconduct”.

12. Further, the Arbiter does not have jurisdiction to hear the further allegations.

13. Section 144 of the Act provides that the Principal Councillor Conduct Registrar must examine an application made under section 143 of the Act to determine whether an Arbiter should be appointed to hear the matters.

14. The vetting of applications by the Registrar is a critical part of the internal arbitration process, and the addition of the further allegations circumvents the process.

15. It is a matter for the Applicant whether to bring another application in relation to the further allegations.

Hearings

16. The internal arbitration process comprised directions hearings on 3 August 2023, 18 September 2023, and 17 October 2023, directions made ‘on the papers’ on 31 July 2023, 15 September 2023, and 12 October 2023, and the hearing on 17 October 2023.

Applicant’s evidence

17. The Applicant’s evidence comprised the Application and ‘supporting materials’, which contained submissions and an indexed bundle of documents, as well as the Applicant’s oral evidence at the hearing.

20. In summary, the Applicant’s evidence was that the Respondent:

(a) Misused her position as a Councillor, contrary to section 123 of the Act, by providing personal information without consent in or about May/June 2023 (First allegation).

(b) Misused her position as a Councillor, contrary to section 123 Act of the Act, and clause 3 of the Standards (“Compliance with good governance measures”), by providing personal information without consent and by inappropriate approaches to Youth Council members said to have occurred on or about 28 May 2023 (Second allegation).

(c) Breached clauses 1 and 3 of the Standards (“Treatment of others” and “Compliance with good governance measures”), by causing an officer discomfort during an allegedly inappropriate approach at a Nillumbik Reconciliation Group event on 1 June 2023 (Third allegation).

(d) Directed a member of Council staff, contrary to section 124 of the Act, and clause 1 of the Standards (“Treatment of others”), to provide a ‘firmer’ briefing report on 1 June 2023 (Fourth allegation).

(e) Breached clause 1 and 3 of the Standards (“Treatment of others” and “Compliance with good governance measures”), by approaching an officer she had agreed not to speak to in relation to complaint previously lodged by that officer on 1 June 2023 (Fifth allegation).

(f) Breached clauses 1 and 2 of the Standards (“Treatment of others” and “Performing the role of Councillor”), by reasons of inappropriate interactions with Youth Council members on or about 7 June 2023 (Sixth allegation).

21. As mentioned, the Applicant subsequently raised the further allegations, namely that the Respondent:

(g) Breached clause 3 of the Standards (“Compliance with good governance measures”), by reason of the Respondent causing delay at an Awards event on 17 August 2023 (event) by adding material in relation to an allegedly agreed speech (Seventh allegation); and,

(h) Breached clauses 3 and 4 of the Standards (“Compliance with good governance measures” and “Councillor must not discredit Council or public”), by serving ice cream to an attendee during an interval at the event (Eighth allegation).

Respondent’s evidence

22. The Respondent’s evidence comprised detailed written submissions and supporting documents, and the Respondent’s oral evidence at the hearing. In this regard, the Respondent relied on a several pre-prepared statements which she read.

23. The Respondent denied the Applicant’s allegations and the further allegations.

Arbiter’s findings

24. The Arbiter notes the Applicant’s appropriate withdrawal of the First, Second and Fourth allegations in the Application because the Arbiter does not have jurisdiction to consider them.

25. The Arbiter finds that he does not have jurisdiction to consider the Seventh and Eighth allegations as they have not been examined by the Principal Councillor Conduct Registrar as required by section 144 of the Act.

26. In relation to the Third and Sixth allegations, the Arbiter does not find that the Respondent breached the Standards.

27. In relation to the Fifth allegation, however, the Arbiter finds that the Respondent has failed to comply with the Standards and, as such, a finding of misconduct is made against her.

Arbiter’s Reasons

First, Second and Fourth allegations

28. At the outset of the hearing, the Arbiter advised the Applicant that the First, Second and Fourth allegations in the Application, involving alleged breaches of sections 123 and 124 of the Act. were beyond the Arbiter’s jurisdiction because they were allegations of “serious misconduct” as defined in the Act.

29. The Applicant acknowledged the jurisdictional issues and withdrew the First, Second and Fourth allegations

Seventh and Eighth allegations

30. Similarly, the Arbiter advised the Applicant of an inability to consider the further allegations, being the Seventh and Eighth allegations, as those allegations had not been submitted to the Principal Councillor Conduct Registrar pursuant to section 143 of the Act, for the Registrar’s examination pursuant to section 144 of the Act.

31. The Applicant also acknowledged the Arbiter’s lack of jurisdiction and appropriately withdrew the Seventh and Eighth allegations.

32. The Arbiter noted that the further allegations are said to have occurred on 17 August 2023, which would not prevent the Applicant from making a further application.

Third allegation

33. The basis of the Third allegation, was that the officer approached by the Respondent ‘felt uncomfortable’ because the Respondent discussed matters unrelated to the officer’s role.

34. The Arbiter does not find that the Respondent failed to treat the officer in a way contrary to clause 1 of the Standards. There is nothing to suggest that the during the engagement the Respondent treated the officer without courtesy and respect.

35. The Arbiter also does not find that the Respondent breached clause 4 of the Standards. No evidence was provided to indicate that the Respondent’s approach was contrary to any developed and implemented ‘policy, practice or protocol’ of the Council.

36. The Arbiter notes the Respondent’s indication that she will now refrain from speaking to the officer on matters outside the officer’s role.

37. No finding of misconduct is made against the Respondent in relation to the Third allegation.

Fifth allegation

38. In relation to the Fifth allegation, namely that the Respondent inappropriately approached an officer to offer an apology, the Arbiter makes a finding of misconduct against the Respondent.

39. By reason of an earlier complaint by the officer against the Respondent, the Respondent had agreed not to approach the officer in the absence of one or both of the officer’s managers. The Respondent had also agreed to provide the officer with a written apology in relation to that complaint. The Respondent was aware that the officer was not prepared to accept an oral apology.

40. While the Respondent’s evidence was that the approach was ‘accidental’, and that she did not say much, that is not the issue.

41. No matter how well intentioned the Respondent may have been, approaching the officer was unnecessary and inappropriate. Neither manager was with the officer at the time. The terms of the written apology were still being discussed between the Applicant and the Respondent. Despite this, the Respondent chose to approach the officer. The Respondent could simply have acknowledged the officer and kept moving. Indeed, the Respondent accepted that she had upset the officer.

42. The Arbiter finds that the approach was a breach of clause 1 of the Standards. The Respondent showed a lack of objectivity, and disrespected the officer’s specific request that she was not prepared to accept a verbal apology.

43. Pursuant to section 147(2)(a) of the Act, the Arbiter directs that the Respondent makes a written apology to the officer for the approach on 1 June 2023.

44. The Arbiter further directs that the apology be added to the written apology in relation to the officer’s previous complaint against the Respondent. As noted, the form of that apology is presently being agreed between the Applicant and the Respondent. Although the apology was put ‘on hold’ by reason of this internal arbitration process, the Arbiter urges that an agreed written apology be provided to the officer as a matter of absolute priority.

Sixth allegation

45. The Sixth allegation, that the Respondent stepped outside her role as a Councillor, related to the Respondent’s interaction with Youth Councillors, namely that she ‘pushed’ her ‘agenda and ideas’ at meetings, offered to collect one from school, shared photographs of some on social media without consent, and disclosed personal information about another without consent.

46. Other than a meeting held on 8 June 2022, which was more than three months before the Application, and therefore a matter that the Arbiter could not consider, no details were provided in relation to alleged misconduct by the Respondent at any other Youth Councillor meetings. As such, the Arbiter is unable to determine whether either clause 1 or clause 4 of the Standards have been breached as alleged.

47. The Arbiter accepts the Respondent’s evidence that she had permission to drive the Youth Councillor to meetings.

48. Details of the photographs alleged to have been posted by the Respondent without consent of Youth Councillors and/or their guardians were not provided to the Arbiter. Nor was any evidence provided that these posts were contrary to any Council policy. In any event, the Respondent’s evidence that she had obtained the necessary consent prior to posting the photographs was not challenged.

49. The Arbiter also accepts the Respondent’s evidence that she did not disclose personal information about the Youth Councillor.

50. No finding of misconduct is therefore made against the Respondent in relation to the Sixth allegation.

Simon Heath

Arbiter

Dated: 24 October 2023

Cr Natalie Duffy Edendale Ward				Cr Peter Perkins Ellis Ward
Cr Karen Egan Bunjil Ward				Cr Frances Eyre Swipers Gully Ward
Cr Richard Stockman Blue Lake Ward				Cr Geoff Paine (Deputy Mayor) Wingrove Ward
Katia Croce Manager Governance and Property	Blaga Naumoski Director Governance Communications and Community Safety	Cr Ben Ramcharan (Mayor) Sugarloaf Ward	Carl Cowie Chief Executive Officer