minutes of the ordinary meeting held in the …€¦ · doomadgee aboriginal shire council –...

MINUTES

OF THE

ORDINARY MEETING

HELD IN THE BOARDROOM

DOOMADGEE ABORIGINAL SHIRE COUNCIL

275 Sharpe Street

Doomadgee Qld 4830

On Friday 17th NOVEMBER 2017

Doomadgee Aboriginal Shire Council – Ordinary Meeting Minutes 17th November 2017

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CONTENTS:

1. OPENING ........................................................................................................................ 3

2. ATTENDANCE ................................................................................................................ 3

3. DISCLOSURE OF MATERIAL PERSONAL INTEREST AND CONFLICT OF INTEREST

............................................................................................................................................. 3

4. APOLOGIES / LEAVE OF ABSENCE ............................................................................. 3

5. CONFIRMATION OF MINUTES ...................................................................................... 4

6. BUSINESS ARISING FROM PREVIOUS MEETINGS .................................................... 4

7. PRESENTATIONS AND/OR ELECTED MEMBERS REPORTS ..................................... 4

8. CHIEF EXECUTIVE OFFICERS REPORTS ................................................................... 5

8.01 - QUEENSLAND LOCAL GOVERNMENT 10 POINT PLAN .................................... 5

8.02 - LGAQ – LEGISLATIVE REQUIREMENTS UNDER THE INDUSTRIAL RELATIONS

ACT 1999 ......................................................................................................................... 5

8.03 - NWQROC – MINUTES – SEPTEMBER 2017 ....................................................... 5

8.04 – MINISTER FOR LOCAL GOVERNMENT – LETTER OF EXTENSION 2016/2017

ANNUAL FINANCIAL STATEMENTS .............................................................................. 6

8.05 – GIDGEE HEALING – AGREEMENT TO PARK TRAILER .................................... 6

8.06 – LGAQ – 2017 COMMUNITY SATISFACTION TRACKING STUDY ...................... 6

9. DIRECTOR OF ENGINEERING ...................................................................................... 7

9.01 - MONTHLY REPORT TO COUNCIL – NOVEMBER 2017 ..................................... 7

10. CLOSED SESSION ....................................................................................................... 8

10.01 - ADJUSTMENTS TO THE BUDGET ..................................................................... 9

10.02 - LEGAL PROCEEDINGS – OUTSTANDING DEBTORS ...................................... 9

10.03 - INDIGENOUS LAND USE AGREEMENT ............................................................ 9

11. DIRECTOR OF CORPORATE SERVICES ................................................................. 10

11.01 - MONTHLY REPORT TO COUNCIL – NOVEMBER 2017 ................................. 10

12. DIRECTOR OF COMMUNITY SERVICES .................................................................. 12


13. GOVERNANCE MANAGER ........................................................................................ 13


14. PROPOSED MEETING CALENDAR ........................................................................... 14

15. CLOSURE OF MEETING ............................................................................................ 15

16. ATTACHMENTS .......................................................................................................... 16


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1. OPENING

Cr Edric Walden declared the meeting open at 10:30am

Attendance:

Garry Jeffries, Richard Kelly and Juanita Holden were asked to leave the meeting at 10:31am and returned

to the meeting at 10:51am

2. ATTENDANCE

Elected Members

Mayor Edric Walden

Cr Jason Ned

Cr Dean Jupiter

Staff

Lothar Siebert – Chief Executive Officer

Garry Jeffries – Director of Engineering

Richard Kelly – Director of Corporate Services

Juanita Holden – Governance Manager

Attendance:

Garry Jeffries, Richard Kelly and Juanita Holden were asked to leave the meeting at 10:31 and returned to

the meeting at 10:51am

3. DISCLOSURE OF MATERIAL PERSONAL INTEREST AND CONFLICT OF INTEREST

Material Personal Interest (MPI) Section 172 Local Government Act 2009 Involves the ability for you or an associate to gain a material benefit or suffer a material loss as a

result of a decision that is made. It includes interests that arise from personal or family relationships.

These interests must be disclosed prior to the item to be discussed and you must leave the room. A

record will be recorded at the item and in the MPI Register. Associate being Councillor, spouse,

parent, child, sibling, partner, employer etc.

Conflict of Interest (COI) Section 173 Local Government Act 2009 Exists whenever there is a disparity between your personal interest (real or perceived conflict of interest) and

the public interest. e.g. office holder of a community group. These interests must be disclosed prior to the item

to be discussed. A record will be recorded at the item and in the COI Register. The Councillor will then decide

whether to stay or leave the meeting.

Noted

4. APOLOGIES / LEAVE OF ABSENCE

Cr Tony Chong

Cr Scharrayne Foster

That Council close the meeting to the public at under section 275 Local Government Regulations 2012.

Resolution No 1-11/17

Moved Cr Dean Jupiter

Seconded Cr Edric Walden

That in accordance with Section 275 of the Local Government Regulations 2012, the General meeting was

closed to the public at 11:06am for the discussion of the following matters: Carried

• Cr Tony Chong – Request of Leave of Absence


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That in accordance with Section 275 of the Local Government regulations 2012, the General meeting was

reopened to the public at 11:23am for the taking of resolutions. Carried

Recommendation:

That Council receives and notes Elected Member apologies with or without and/ or requests for leave of

absence for the Ordinary Council Meeting held 17th November 2017.




That Council receives and notes the request for leave of absence for Cr Tony Chong from the Ordinary Council

Meeting of November 2017 and furthermore approves leave of absence for the period 8th November 2017 to

7th of February 2018. Carried


Moved Cr Edric Walden

Seconded Cr Dean Jupiter

That Council receive the apology from Cr Scharrayne Foster Carried

5. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Meeting of Council held 12th October 2017 to be taken as read and signed

as correct.



Seconded Cr Jason Ned

That the Minutes of the Ordinary Meeting of Council held 12th October 2017 be taken as read and signed as

correct. Carried

6. BUSINESS ARISING FROM PREVIOUS MEETINGS

Nil

Attendance:

Richard Kelly left the meeting at 11:27am

Attendance:

Richard Kelly entered the meeting at 11:29am

Randall Scott entered the meeting at 11:29am

7. PRESENTATIONS AND/OR ELECTED MEMBERS REPORTS

• Randall Scott from LGIS – Discussion on Asset Revaluation

Attendance:

Juanita Holden left the meeting at 11:32am and returned at 11:32am

Attendance:

Lothar Siebert left the meeting at 11:33am and returned at returned at 11:38am

Attendance:

Juanita Holden left the meeting at 11:39am


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Attendance:

Randall Scott left the meeting at 11:52am

Attendance:

Juanita Holden entered the meeting at 11:52am

Adjournment:

The Mayor adjourned the meeting for morning tea at 11:57am and reopened the meeting at 12:21pm

All in attendance except for Richard Kelly.

8. CHIEF EXECUTIVE OFFICERS REPORTS

8.01 - Queensland Local Government 10 Point Plan

Summary

LGAQ is seeking support in promoting the Queensland Local Government 10-point Election Plan for the

upcoming state election. The Plan has been developed from member through training sessions and LGAQ

advisory groups and endorsed by the LGAQ Policy Executive, represents the policy and legislative priorities

that Queensland councils seek as part of an incoming government’s agenda for the next term of the

Queensland parliament. In order to be successful, the LGAQ needs Council support. Councils are asked to

call on the candidates in their area to personally commit to supporting the policy proposals outlined in the Plan

in the interest of serving their community.

Attachment – 8.01 – 10 Point Plan

Recommendation:

For Council Information.

Noted

8.02 - LGAQ – Legislative requirements under the Industrial Relations Act 1999

Summary

The Local Government Association of Queensland Ltd (LGAQ) is a Registered Employer Organisation under

the Industrial Relations Act 2016 to enable them to represent members in Industrial Relations matters in the

courts. The Act states that the audited financial statements must be presented to either an Annual General

Meeting or an organisations management committee meeting – to be known as the Presentation Meeting and

a copy of the statements then lodged with the Queensland Industrial Register.

Please find tabled a copy of the LGAQ Annual Financial Statements for 2016-2017 for Council information.

Attachment – 8.02 – LGAQ Letter

Recommendation:


Noted

8.03 - NWQROC – Minutes – September 2017

Summary

Minutes for the meeting held in Mt Isa on 13th September 2017. The next meeting will be held in Cloncurry on Thursday 30th November 2017. Any items for inclusion in the meeting agenda by COB Friday 17th November.

Attachment – 8.03 - Minutes


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Recommendation:


Noted

8.04 – Minister for Local Government – Letter of Extension 2016/2017 Annual Financial Statements

Summary

A Letter has been sent to the Minister for Local Government and Torres Strait and Islander Partnerships,

requesting an extension of time to lodge our Annual Audited Financial Statements and Annual Report.

Recommendation:

That Council endorse the actions of the Mayor, Chief Executive Officer and Director of Corporate Services in

requesting an Extension of time to lodge the Annual Financial Statements and Annual Report for 2016/2017.


Moved Cr Jason Ned


That Council endorse the actions of the Mayor, Chief Executive Office and the Director of Corporate Services

in requesting an Extension of time to lodge the Annual Financial Statements and Annual report for 2016/2017.

Carried

8.05 – Gidgee Healing – Agreement to Park Trailer

Summary

Gidgee Healing is seeking agreement from the Council to park a 9m Trailer (containing 2 consulting rooms)

on the grounds at Community Health. The NWHHS has agreed of the location van on this site. The consult

rooms will be used for Allied Health Service delivery in Doomadgee.

Recommendation:


Noted – Action Required - Governance Manager to follow up on lease agreement

8.06 – LGAQ – 2017 Community Satisfaction Tracking Study

Summary

The 2017 Community Satisfaction Tracking Study continues the benchmarking and analysis of community

satisfaction with Local Government services in Queensland. In 1997, LGAQ commissioned a project to

develop a survey instrument and process to allow Local government to monitor and track performance against

the value systems of their customers. Since the 1997 Benchmark Study, Community Satisfaction tacking

studies have been conducted by LGAQ every two years. Tabled is the full report.

Recommendation:


Noted

Attendance:

Juanita Holden left the meeting at 12:39pm and returned at 12:39pm


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9. DIRECTOR OF ENGINEERING

9.01 - Monthly Report to Council – November 2017

NDRRA Works:

The road crew are now continuing with a medium grade of the Woologarang West Road after completing the

preparation of the gravel pavement for the next 2.5km for bitumen sealing. Bitumen Seal quotes are being

sought to complete this work.

Roads to Recovery and TIDS Works:

Woologarang West Road:

The cost of the concrete works for the concrete floodways exceeds the R2R funding and so additional funding

will be sought to complete this project.

The re shaping of the next 2.5km of gravel pavement is complete and ready for bitumen sealing. This work

was incorporated with the NDRRA works as noted above. The cost of the bitumen seal is funded with Council’s

TIDS allocation.

New Houses Building Project:

Work is progressing well on the houses: -

• Four floor slabs have been poured and four more are formed; it is expected all slabs will be completed in the week commencing 20 Nov 17;

• The block walls have commenced and walls for two dwellings are nearing completion;

• The core filling of these will proceed after the slabs are complete.

• Work will commence on the roof installs once the core fill is completed.

Workshop:

Operations are continuing as per normal.

Mainly routine servicing and minor repairs have been required in the last month.

There have been no major repairs required this month.

General Gang:


The open space crew and the general gang have been working together on keeping the community clean.

Airport:

Airport operations are continuing as per normal. Airport inspections are carried out each day, airport lighting

and electrical inspections are carried out monthly as per legislative requirements.

Water and Sewerage:


Work is proceeding on assessment/scoping/design/tendering of the upgrade works that was identified during

the recent audit of the WTP.

Rodeo Ground Upgrade & Cultural Centre

It is expected that the accommodation units will be delivered by Myuma in the next couple of weeks and

installation will proceed accordingly.

New Regional Waste Facility

Work will commence on tendering of the first stage of construction of this project with a view to start

construction after the 2017 wet season.

Workshop Redevelopment

The concrete slabs for this project are complete and the Builder has established on site and commenced the

erection of the shed. It is expected that it will be substantially complete by the end of November.


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Government Employee Housing Project

Christopher Contracting is progressing well with this project with all of the underground services nearing

completion and the earthworks has now commenced.

This contract has been plagued with design issues for the very start, but with a proactive approach and

collaboration with Christopher Contracting we have managed to avoid any significant delays.

Strategic Builders Pty Ltd has established in the Community and they are well advanced with the construction

of the 30man camp that they will utilise for the building construction phase of this project.

Attendance:

Richard Kelly entered the meeting at 12:43pm

Recommendation:

That the report from the Director of Engineering as presented be noted and received.

Noted

10. CLOSED SESSION

That Council close the meeting to the public at under section 275 Local Government Regulations 2012.

Items to be considered in Closed Session will be listed and marked accordingly. This section of the Agenda

is for those items deemed necessary for discussion in a meeting Closed to the Public in accordance with Local

Government Regulation 2012 – Section 275 – Chapter 8 Administration – Part 2 Local Government Meetings

and Committees –

(1) A local government or committee may resolve that a meeting be closed to the public if its Councillors

or members consider it necessary to close the meeting to discuss –

a. The appointment, dismissal or discipline of employees; or

b. Industrial meters affecting employees; or

c. The Local Government budget; or

d. Rating concessions; or

e. Contracts proposed to be made by it; or

f. Starting or defending legal proceedings involving it; or

g. Any action to be taken by the Local government under the Planning Act, including deciding

applications made to it under the Act; or

h. Other business for which a public discussion would be likely to prejudice the interest of the

Local Government or someone else, or enable a person to gain a financial advantage

(2) A resolution that a meeting be closed must state the nature of the matters to be considered while the

meeting is closed.

(3) A local government or committee must not make a resolution (other than a procedural resolution) in a

closed meeting




That in accordance with Section 275 of the Local Government Regulations 2012, the General meeting was

closed to the public at 12:57pm for the discussion of the following matters: Carried

• Adjustment of Budget

• Legal Proceedings – Outstanding Debtors

• Indigenous Land Use Agreement


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Moved Cr Jason Ned


That in accordance with Section 275 of the Local Government regulations 2012, the General meeting was

reopened to the public at 1:08pm for the taking of resolutions. Carried

Attendance:

Garry Jeffries left the meeting at 1:08pm.

10.01 - Adjustments to the Budget

The Chief Executive Officer wishes to discuss the 2017/2018 Revised Budget.


Moved Cr Jason Ned


That Council adopt the revised Budget as discussed. Carried




That Council authorise the Chief Executive Officer and the Director of Engineering to start proceedings for low

interest borrowings with the QTC. Carried

10.02 - Legal Proceedings – Outstanding Debtors

The Chief Executive Officer and Director of Corporate Services wish to discuss Legal Proceedings for

outstanding debtors.




That Council authorise the Chief Executive Officer and the Director of Corporate Services to start Legal

Proceedings for all outstanding debtors of Council. Carried

10.03 - Indigenous Land Use Agreement

Summary

Doomadgee Aboriginal Shire Council has been requested by various State and Federal Government agencies,

as well as other organisations and individuals for leases around the community. The Council cannot lease land

without the consent of the Native Title parties and as there is no indigenous land use agreement currently

covering the Doomadgee township area, Council has to enter into Agreements to Grant Lease pending the

resolution of native title.

An indigenous land use agreement will allow the Council to do a number of things within the community with

the consent of the Native Title parties. As such it is recommended that Council start the process of negotiating

an indigenous land use agreement with the relevant Native Title Parties. This requires Council to engage its

lawyers to contact the Native Title parties to commence discussion for the negotiations to take place.

Recommendation:

That the Council resolve to instruct Preston Law to write to the Native Title parties to commence discussions

for the negotiation of an Indigenous Land Use Agreement.

Not Discussed – The Director of Corporate Services advised that this is not relevant at this stage.


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11. DIRECTOR OF CORPORATE SERVICES

Attendance:

Juanita Holden left the meeting at 1:11pm and returned at 1:14pm.


Insurance

Insurance claims currently pending include:

• Airport vandalism – awaiting finalisation

Leases / Licence Agreements

• The Memorandum of Understanding (MOU) for the Doomadgee Men’s Shed is ready for signing.

The Agreement has been drawn up, and executed by them, but not Council as yet. A separate lease

is being negotiated for Office 2 at 15 Sharpe Street.

• We are still awaiting a response from Warrgoobulginda Aboriginal Corporation (WAC), regarding the

Women’s Shelter and Day Care Centre. Lease documentation, with a commencement date of 1 July

2017, has been sent to WAC with a covering letter. It should be noted that service charges are still

outstanding ($70,506 up to 30 June 2017). This does not include current charges for this financial

year 2017-18 ($15,477). Council has certain responsibilities here to ensure the continued operation

of this facility, with particular reference to the National Quality Framework and access to qualified

early childhood teachers. The facility is available to all residents working in the Community, and is

an essential element to a stable and committed workforce.

• Australia Post have been approached about transferring their Agency agreement to a third party, and

discussions are currently underway with CEQ Enterprises (the operators of the Doomadgee Retail

Store) to facilitate this. Australia Post have no major issues with this proposal, and are prepared to

negotiate with CEQ in due course. This will be further discussed and formalised with Council when

CEQ management are here next.

• The Department of Human Services (DHS) have agreed to an offer to renew our Centrelink Agency

Agreement in Doomadgee for a period of three months only, as it is not cost effective for Council to

continue to provide these services indefinitely, but this will ensure it meets the needs of our

Community in the short term. Council and DHS have now agreed to extend this arrangement until

Friday 8th December, when our Agency Agreement will be terminated. My Pathways are the new

Agents for DHS, and are currently attending to staffing arrangements going forward, which is the

reason for the extension.

• Child Safety House: A letter and proposed lease was sent to the Department of Communities, Child

Safety and Disability Services on the 14 August 2017. We have been advised that it has now

progressed to Crown Law for review and advice, and we are still awaiting their response.

• North West Hospital and Health Service (NWHHS): we are currently pursuing Queensland Health for

a resolution to the final transfer of the old hospital site. The issue surrounding maintenance costs

has now been resolved satisfactorily. DASC have agreed in principle to a lease valued at $6,000 per

annum for the hospital site, and $12,000 per annum for the Clinic, which is being sub-let to another

service provider. These leases should be ready for signing any day now.

• North and West Remote Health (NWRH): Aged Care facility (Lot 137) and accommodation block (Lot

138). Draft Licences prepared, awaiting agreement between both parties.

• PCYC – yet to be resolved, due to Council wanting to use the building at some point for a Sports and

Recreation Club. Lease transferred to week by week until further notice. PCYC advised in writing 11

October 17.


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Moved Cr Jason Ned


That Council does not re new the lease with PCYC, furthermore that the PCYC be advised in writing that the

current lease to be extended to the 1st February 2018. Carried

• Chongy & Sons Concreting Pty Ltd: Awaiting registration of the Survey Plan, and clarification of the

rates component, and commencement date of the lease. An ILUA may still be required (if

extinguishment of Native Title has not occurred) as the lease is on the DOGIT. I propose that as an

alternative in the interim, we can enter into an agreement to lease now, subject to Native Title. I am

still concerned however that by leasing the premises, Council will still be responsible for any loss or

damage as a result of incidents / accidents occurring on the lease. This is mainly because council

has had prior knowledge of defects in the batching plant. Council, as owner of the facility, will still

retain some liability.

Finance

• The in-house Finance team remains under-resourced at present, due to the impact of staff changes

in the Cairns Office. Candidates for a replacement Finance Manager have now been interviewed,

and a short list of two has been provided to the CEO for his input. A final decision will be made as

soon as possible.

• A review has been undertaken to ascertain the best way forward for this year’s audit, and the

outsourcing of all high-end accounting tasks is now complete.

• As the 2016-17 audit is now due to begin, DASC must avoid any further unnecessary delays in the

publishing of our Annual Reports.

• Consideration is being given to transferring the REX ticketing functions from reception to the

Doomadgee Store (CEQ), or as an alternative the airport staff, due to difficulties with staffing issues

in the main office.

• Asset Revaluation: Council needs to resolve to accept the Desk Top Valuation, as proposed by APV

Valuers, for the 2016-17 FY, to be included in our annual financial statements and Annual Report.

Randall Scott from LGIS will be attending the meeting to provide expert advice.

Recommendation:

That Council adopt the following:

■ APV Valuation for the 2016-17 Financial Year

■ Asset Management Policy

■ Asset Management Strategy

■ Asset Management Plan

Furthermore, authorise our Asset Managers (Peak Services – LGIS) to update the DASC Fixed Asset Register

accordingly.


Moved Cr Edric Walden


That Council adopt the following:

■ APV Valuation for the 2016-17 Financial Year

■ Asset Management Policy

■ Asset Management Strategy

■ Asset Management Plan

Furthermore, authorise our Asset Managers (Peak Services – LGIS) to update the DASC Fixed Asset Register

accordingly Carried


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• A Letter has been sent to the Minister for Local Government and Torres Strait and Islander

Partnerships, requesting an extension of time to lodge our Annual Audited Financial Statements and

Annual Report (tabled as part of the CEO’s Report for Council’s reference).

• Cash Balances are as follows:

$m

CBA $0.265

QTC $9.764

$10.029 (Actual 13th November 2017)

Less:

$2.981 Restricted Cash (40 Year Leases) as at 30 June 2017

$2.863 Unspent Tied Grants as at 30 June 2017

$4.185 Net Unrestricted Cash

Recommendation:

That the report from the Director of Corporate Services as presented be noted and received.

Noted

Adjournment:

The Mayor adjourned the meeting for lunch at 1:29pm and reopened the meeting at 1:43pm

All in attendance except for Richard Kelly and Garry Jeffries.

Attendance:

Leonie Florence and David Escott entered the meeting at 1:43pm.

12. DIRECTOR OF COMMUNITY SERVICES


Animal Pest & Environmental Control

Next Vet visit is on the 4th December 2017.

The Vet Clinic is being established as a “Drop In ’service to encourage pet owners to visit the animal

management team for minor health problems and advice on animal health care or to give their animals a dog

bath.

The fogging machine has been serviced and Shane has fogged areas in preparation for the Wet Season.

Night Patrol

Night Patrol Operational Strategy draft and Community Policer Officer Concept draft attached for discussion.

Youth Hub

The Gulf Sports Carnival was well represented by a very enthusiastic Doomadgee football team.

Congratulations to all players who played well and displayed excellent sportsmanship.

A big thank you to Wade Charles who co- ordinated and supervised all training and made it possible for a team

to represent Doomadgee at this event. Also to the support team of Darcy Walden, David Escott and William

Tompkins, who transported and supported our team over the weekend, and made sure everybody arrived

home safely. Lastly, a thank you to My Pathway and Aged Care, who provided transport, PCYC for equipment,

as without their contribution this trip to Normanton would not have been possible.

Radio Station

Unfortunately, due to personal reasons Elijah Douglas has resigned as Radio Broadcaster.


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Sai has returned to Community and has resumed his role as part time broadcaster until this position can be

filled.

Community Engagement Officer

To assist community input for support for the Sports and Social Club, Get Ready QLD (Disaster Management)

and Local Fare Scheme, a BBQ on the 16th November 14, 2017 will be held on Council grounds. Information

and registration for these projects will be available, so that the community can make informed decisions and

take advantage of the cheaper airfares that are available.

Sponsorship

Council has been approached for a donation to purchase Christmas presents for the children who attend the

Carols by Candlelight, outside hospital grounds in mid-December.

Recommendation:

That the report from the Director of Community Services as presented be noted and received.

Noted

Attendance:

Leonie Florence and David Escott left the meeting at 2:13pm.

13. GOVERNANCE MANAGER


Governance Related Issues Policies and Procedures I am currently reviewing and updating at Statutory Polices that are required under the Local Government Act and Local Government Regulations. Once the annual review has been completed, I will start working on the Administrative Policies of Council. Related Party Disclosure Policy Pursuant to section 177 of the Local Government Regulation 2012, a local government’s general purpose

financial statements must be prepared in compliance with the following documents (each a prescribed

accounting standard) published by the Australian Accounting Standards Board (AASB):

1. Australian Accounting Standards; 2. Statements of Accounting Concepts; 3. Interpretations; and 4. Framework for the preparation and presentation of financial statements.

The AASB has confirmed that the requirements of AASB 124 ‘Related Party Disclosures’ will apply to local

government annual reporting periods beginning 1 July 2016.

The AASB provides that the objective of AASB 124 is to ensure that an entity’s financial statements contain

the disclosures necessary to draw attention to the possibility that its financial position may have been affected

by the existence of related parties and by transactions and outstanding balances, including commitments, with

such parties.

The purpose of this Policy is to provide guidance to Doomadgee Aboriginal Shire Councillors and Key

Management Personnel (KMP) to ensure Council’s compliance with AASB 124 ‘Related Party Disclosures’.

This Guideline will provide a systematic approach to discern related parties, for approved related party

transactions and for proper identification, recording and reporting of such transactions.

This Guideline will be applied in:

• Identifying KMP;

• Identifying related party relationships and transactions;


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• Identifying outstanding balances, including commitments, between Council and its related parties;

• Identifying the circumstances in which disclosure is required; and

• Determining the specific disclosures to be made Council has yet to adopt this policy due to concerns with the privacy of information made by Councillors. Attached is an example of the disclosures that will be recorded in the Annual Financial Statements: Attached is the Related Party Disclosure Policy. It is recommended that this Policy is adopted and the Declaration of Key Management Personnel and Councillors is completed ASAP. To enable for the 2016/2017 Financial Statements to be completed, the Disclosures need to be identified which will assist the Finance Team in recording any transaction that may apply to this disclosure.

Recommendation:

That the Related Party Disclosure Policy be adopted as presented.




That Council adopt the Related Party Disclosure Policy as presented. Carried

Guidelines for Councillors asking for Employee Advice – Acceptable Request Guidelines These guidelines apply to the Mayor, all Councillors and Employees and relate specifically to requests by Councillors for assistance or information in accordance with the Local Government Act 2009. The Mayor and Councillors will all from time to time require assistance or information from the employees of the Council to enable them to effectively carry out their duties and represent the interest of the Community. Section 170a(6) of the Local Government Act 2009 states that Council is required to adopt acceptable request guidelines about –

a) The way in which a councillor may ask a local government employee for advice to help the Councillor carry out his or her responsibilities under this Act; and

b) Reasonable limits on requests that a Councillor may make These guidelines outline the standards for the provision of assistance or information to Councillors are to be followed by the Mayor, all Councillors and employees. Councillors will This policy is reviewed annually and is presented for Council for adoption.

Recommendation:

That the Guidelines for Councillors asking for Employee Advice – Acceptable Request Guidelines Policy be

adopted as presented.

Noted – Councillors to review and to be tabled at the December meeting for adoption

Recommendation:

That the report from the Governance Manager be noted and received.

Noted

14. PROPOSED MEETING CALENDAR

Tuesday 12th December 2017 9:00am – 4:00pm Doomadgee Ordinary Meeting


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15. CLOSURE OF MEETING

The Meeting closed 2:39pm

_________________________ Edric Walden

Mayor

Doomadgee Aboriginal Shire Council


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16. ATTACHMENTS

8.01 Queensland Local Government 10 Point Plan

8.02 LGAQ Legislative requirements under the Industrial Relations Act 1999

8.03 NWQROC – Minutes September 2017

13.01 Related Party Disclosure Policy (Draft)

13.01 Guidelines for Councillors asking for Employee Advice (Draft)


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Item 8.01 Queensland Local Government 10 Point Plan


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Item 8.02 LGAQ Legislative requirements under the Industrial Relations Act 1999


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Item 8.03 NWQROC Minutes – September 2017


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Item 13.01 Related Party Disclosure Policy (Draft)

Section 1 - Introduction

Purpose and Scope

Pursuant to section 177 of the Local Government Regulation 2012, a local government’s

general purpose financial statements must be prepared in compliance with the following

documents (each a prescribed accounting standard) published by the Australian Accounting

Standards Board (AASB):

5. Australian Accounting Standards; 6. Statements of Accounting Concepts; 7. Interpretations; and 8. Framework for the preparation and presentation of financial statements.

The AASB has confirmed that the requirements of AASB 124 ‘Related Party Disclosures’

will apply to local government annual reporting periods beginning 1 July 2016.

The AASB provides that the objective of AASB 124 is to ensure that an entity’s financial

statements contain the disclosures necessary to draw attention to the possibility that its

financial position may have been affected by the existence of related parties and by

transactions and outstanding balances, including commitments, with such parties.

The purpose of this Policy is to provide guidance to Doomadgee Aboriginal Shire Councillors

and Key Management Personnel (KMP) to ensure Council’s compliance with AASB 124

‘Related Party Disclosures’. This Guideline will provide a systematic approach to discern

related parties, for approved related party transactions and for proper identification,

recording and reporting of such transactions.

This Guideline will be applied in:

• Identifying KMP;

• Identifying related party relationships and transactions;

• Identifying outstanding balances, including commitments, between Council and its related parties;

• Identifying the circumstances in which disclosure is required; and

• Determining the specific disclosures to be made

Policy Name: Related Party Disclosure Policy

Policy Number: 15

Policy Type: Statutory

Link to Corporate Plan Key Governance - Administration and Corporate

Service

Date Approved:

Resolution Number:

Approving Officer: Council


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Section 2 – Definitions

Entity can include a body corporate, a partnership or a trust, incorporated association, or

unincorporated group or body.

Key Management Personnel (KMP) is defined in the Local Government Regulation 2012

to include Councillors, the Chief Executive Officer and Senior Executive Employees. Further

defined in AASB 124 –

Related Party Disclosures as “those persons having authority and responsibility for planning,

directing and controlling the activities of the entity, directly or indirectly, including any director

(whether executive or otherwise) of that entity”. For the purpose of this policy, key

management personnel will be aligned with the definition within the Local Government

Regulation 2012.

KMP Compensation includes all forms of consideration paid, payable or provided by

Doomadgee Aboriginal Shire Council in exchange for services provided, and includes:

1. Short-term employee benefits, such as wages, salaries and social security contributions, paid annual leave and paid sick leave, profit sharing and bonuses (if payable within twelve months of the end of the period) and non-monetary benefits (such as medical care, housing, cars and free and subsidised goods or services) for current employees;

2. Post-employment benefits such as pensions, other retirement benefits, post-employment life insurance and post-employment medical care;

3. Other long-term employee benefits, including long-service leave or sabbatical leave, jubilee or other long-service benefits, long-term disability benefits and, if they are not payable wholly within twelve months after the end of the period, profit sharing, bonuses and deferred compensation;

4. Termination benefits; and 5. Share-based payment.

Material (materiality) means the assessment of whether the transaction, either individually

or in aggregate with other transactions, by omitting it or misstating it could influence

decisions that users make on the basis an entity's financial statements. For the purpose of

this policy, it is not considered appropriate to set either a dollar value or a percentage value

to determine materiality.

Related Party is an affiliate; an employee; members of the immediate family of an

employee; and persons having a controlling influence on controlled entities.

Related Party Transaction is a transfer of resources, services or obligations between a

reporting entity and a related party, regardless of whether a price is charged.

Significant (significance) means likely to influence the decisions that users of the Council’s

financial statements make having regard to both the extent (value and frequency) of the

transactions, and that the transactions have occurred between the Council and related party

outside a public service provider/ taxpayer relationship.

Section 3 - Policy

Identification of Key Management Personnel


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KMP are defined in AASB 124 as those persons having authority and responsibility for

planning, directing and controlling the activities of the entity, directly or indirectly, including

any director (whether executive or otherwise) of that entity.

In the context of Doomadgee Aboriginal Shire Council, KMP are considered to include:

(i) The Mayor and Councillors; (ii) Chief Executive Officer; (iii) Director of Engineering (iv) Director of Corporate Services; (v) Director of Community Services (vi) Governance Manager

Identification of Related Parties

Having regard to the definitions contained in the AASB 124, a related party is a person or

entity that is related to Doomadgee Aboriginal Shire Council as outlined below.

Persons considered to be related to Doomadgee Aboriginal Shire Council

A person or a close member of that person’s family is related to Doomadgee Aboriginal

Shire Council if that person:

(i) Has control or joint control of Doomadgee Aboriginal Shire Council; (ii) Has significant influence over Doomadgee Aboriginal Shire Council; or (iii) Is a member of the KMP of Doomadgee Aboriginal Shire Council?

A close member of the family of a person, are those family members who may be expected

to influence, or be influenced by, that relevant person in their dealings with Doomadgee

Aboriginal Shire Council and include:

(i) That person’s children and spouse or domestic partner; (ii) Children of that person’s spouse or domestic partner; and (iii) Dependents of that person or that person’s spouse or domestic partner.

Practical Examples of Related Persons

Below are some practical examples of possible related persons to Doomadgee Aboriginal

Shire Council:

• The children of a member of Doomadgee Aboriginal Shire Council’s KMP.

• The spouse or domestic partner of a member of Doomadgee Aboriginal Shire Council’s KMP.

• The children of a spouse or domestic partner of a member of Doomadgee Aboriginal Shire Council’s KMP

Entities considered to be related to Doomadgee Aboriginal Shire Council

An entity is considered related to Doomadgee Aboriginal Shire Council if any of the following

conditions applies:

• The entity and Doomadgee Aboriginal Shire Council are members of the same corporate group (which means that each parent, subsidiary and fellow subsidiary is related to the others).

• One entity is an associate or joint venture of the other entity (or an associate or joint venture of a member of a group of which the other entity is a member).

• Both entities are joint ventures of the same third party.


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• One entity is a joint venture of a third entity and the other entity is an associate of the third entity.

• The entity is a post-employment benefit plan for the benefit of employees of either Doomadgee Aboriginal Shire Council or an entity related to Doomadgee Aboriginal Shire Council.

• The entity is controlled or jointly controlled by a person related to Doomadgee Aboriginal Shire Council (outlined above).

• A person who has control or joint control of Doomadgee Aboriginal Shire Council has significant influence over the relevant entity or is a member of the KMP of the entity.

• The entity, or any member of the group of which it is a part, provides KMP services to Doomadgee Aboriginal Shire Council.

Practical Examples of Related Entities

Below are some practical examples of possible related entities to Doomadgee Aboriginal

Shire Council:

• A company, which is controlled or jointly controlled by a member of Doomadgee Aboriginal Shire Council’s KMP.

• A company, which is controlled or jointly controlled by a close family member of Doomadgee Aboriginal Shire Council’s KMP.

• A subsidiary company of Doomadgee Aboriginal Shire Council.

Required Disclosures

AASB 124 provides that Doomadgee Aboriginal Shire Council must disclose the following

financial information in the financial statements for each financial year period.

Disclosure of relationship between Doomadgee Aboriginal Shire Council and its subsidiaries

Doomadgee Aboriginal Shire Council must disclose in the annual financial statements its

relationship with any subsidiaries (where applicable), whether or not there have been

transactions within the relevant reporting period.

KMP Compensation Disclosures

Doomadgee Aboriginal Shire Council must disclose in the annual financial statements KMP

compensation (as defined in definitions) in total and for each of the following categories:

• Short-term employee benefits;

• Post-employment benefits;

• Other long-term benefits; and

• Termination benefits.

Related Party Transactions Disclosures

A related party transaction is a transfer of resources, services or obligations between

Council and a related party, regardless of whether a price is charged. Such transactions

may include:

• Purchase or sale of goods;

• Purchase or sale of property and other assets;

• Rendering or receiving services;

• Leases;

• Quotations and/or tenders;


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• Commitments; and

• Settlements of liabilities on behalf of Doomadgee Aboriginal Shire Council or by

• Doomadgee Aboriginal Shire Council on behalf of the related party.

Doomadgee Aboriginal Shire Council must disclose all material and significant related

party transactions in the annual financial statements and include the following detail:

(i) The nature of the related party relationship; and (ii) Relevant information about the transactions including:

a) The amount of the transaction; b) The amount of outstanding balances, including commitments, and:

(i) Their terms and conditions, including whether they are secured, and the nature of the consideration to be provided in the settlement; and

(ii) Details of any guarantee given or received; a) Provision for doubtful debts related to the amount of outstanding balances;

and b) The expense recognised during the period in respect of bad or doubtful debts

due from related parties.

The following matters must be considered in determining the materiality and significance of

any related party transactions:

(i) Significance of transaction in terms of size; (ii) Whether the transaction was carried out on non-market terms; (iii) Whether the transaction is outside normal day-to-day business operations, such as

the purchase and sale of assets; (iv) Whether the transaction is disclosed to regulatory or supervisory authorities; (v) Whether the transaction has been reported to senior management; and (vi) Whether the transaction was subject to Council approval.

Regard must also be given for transactions that are collectively, but not individually

significant.

Disclosures that related party transactions were made on terms equivalent to those that

prevail in arm’s length transactions can only be made if such terms can be substantiated.

All non-exempt transactions involving related parties will be captured and reviewed to

determine materiality or otherwise of such transactions, and to determine the significance of

such transactions.

Practical Examples of Transactions to be Disclosed

Below are some practical examples of transactions, which may be considered to be

disclosed:

• A KMP of Doomadgee Aboriginal Shire Council is the Director of a company, which provided services to Doomadgee Aboriginal Shire Council during the relevant period.

• A KMP of Doomadgee Aboriginal Shire Council is a Director of an entity, which Doomadgee Aboriginal Shire Council paid a membership fee to for the relevant period.

Related party transactions are not required to be disclosed in situations where a similar

transaction would be applicable to the community generally and on similar terms. For


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example, the payment of rates by a KMP or the payment of the entry fee by a KMP to utilise

the Doomadgee Aboriginal Shire Pool.

Section 4 - Responsibilities

Identified KMP

Identified KMP will disclose all related parties in accordance with this guideline and AAS124.

Director of Corporate Services

The Director of Corporate Services will identify transactions within Council’s finance system

for all advised KMP and related parties; and provide summary reports quarterly. Annually,

the Director of Corporate Services will review all related party transactions to determine

materiality and significance for the purpose of drafting the required disclosures in Council’s

annual financial statements.

The Director of Corporate Services will also provide guidance to Council’s KMP in terms of

this Policy and required disclosures. The Director of Corporate Services will provide KMP

compensation details for inclusion in Council’s annual financial statements.

Section 5 – Governance

Policy is governed by the following legislation

Name Link

Section 177

Local

Government

Regulation 2012

www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LocalGovR12.pdf

AASB 124 http://www.aasb.gov.au/admin/file/content105/c9/AASB124_07-

15.pdf

Responsibility

Responsible Department: Corporate Services

Policy Administrator: Governance Manager

Review

Review Period: Annually

Privacy Provision

Council respects and protects people’s privacy and collects, stores, uses and discloses

personal information responsibly and transparently when delivering Council services and

business.

Change History

Review

Date

Revision

Number

File

Reference:

Approval

Date

Change: Date of

Next

Review

30/06/2017 1

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LocalGovR12.pdf


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Item 13.01 Guidelines for Councillors asking for Employee Advice - Draft

Section 1 - Introduction

Context

These guidelines apply to the Mayor, all Councillors and Employees and relate specifically

to requests by Councillors for assistance or information in accordance with the Local

Government Act 2009.

Purpose

The Mayor and Councillors of Doomadgee Aboriginal Shire Council will all from time to time

require assistance or information from the employees of the Council to enable them to

effectively carry out their duties and represent the interest of the community.

Section 170A (6) of the Local Government Act 2009 (the Act) – Council is required to adopt

acceptable requests guidelines about –

a) The way in which a Councillor may ask a local government employee for advice to help the Councillor carry out his or her responsibilities under this Act; and

b) Reasonable limits on requests that a Councillor may make.

Accordingly, these guidelines outline the standards for the provision of assistance or

information to Councillors and are to be followed by the Mayor, all Councillors and

employees.

The underpinning principles and councillor’s responsibilities under the Act are set out in

Sections 4 and 12 respectively. The provisions of these Sections require Councillors to act

in the interests of the residents of the local government area, to ensure effective service

delivery and to be accountable to the community for the performance of the local

government.

Section 13 of the Act sets out the responsibilities of local government employees including

efficient and effective management of public resources, excellence in service delivery and

provision of sound and impartial advice.

Policy Name: Guidelines for Councillors asking for Employee Advice

– Acceptable Request Guidelines

Policy Number: 1

Policy Type: Statutory

Link to Corporate Plan Key Governance – Administration and Corporate

Services

Date Approved:

Resolution Number:

Approving Officer: Council


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Through these provisions, the Act recognises that Councillors need to have access to

current and relevant information about the local government to enable them to carry out their

responsibilities.

Employees recognise this need and understand that the provision of prompt, accurate

information to Councillors will enhance Council’s reputation in the community as an efficient,

customer focused organisation.

Therefore, the purpose of these guidelines is to support good Corporate Governance in

accordance with the local government principles by providing clear guidelines for Councillors

and employees to assist them in complying with the Act and serving the needs of our

community.

Definitions

CEO – The Chief Executive Officer of Doomadgee Aboriginal Shire Council and includes

any officer acting in that position from time to time.

Councillor or Councillors – Person or persons elected or appointed to the Local

Government under the Local Government Act 2009 or the Local Government Electoral Act

2011. Councillor or Councillors include the Mayor.

Director – A Senior Executive Employee of Council in charge of a Department of Council

and includes any officer acting in those positions from time to time.

Manager – An Employee of Council in charge of a Department of Council and includes any

officer acting in those positions from time to time.

Employee – Any permanent, part-time, casual employee or contractor of Council.

Employee includes a person prescribed as a local government employee under a State

Government Regulation.

Information and Advice – Information and advice includes details of what Council

Councillors and Employees are doing; any administrative, legal, financial, technical or

statistical information held by Council and options available to achieve a particular thing.

Section 2 – Policy

The following protocol guides all day to day communication between Councillors and

Employees of Doomadgee Aboriginal Shire Council:

Councillor/Employee Interaction

Communications by Councillors with employees must:

• Be conducted in accordance with the principles prescribed in Section 4(2) of the Act;

• Comply with the Law, Council Policies, Guidelines and Procedures; and

• Be conducted in good faith.

Every reasonable assistance will be provided to Councillors in the exercise of their role and

the performance of their duties.


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Employees must not approach Councillors to discuss any matter relating to the terms and

conditions of their employment with the Council.

Councillors are to consult the schedule of Employees to determine which employee may be

contacted on specific issues. If in doubt, the Chief Executive Officer should be contacted to

ascertain the appropriate employee referral.

Councillors and Employee interaction shall, at all times, be carried out in a professional

manner with due regard to each other’s respective position.

Direction to Employees

Mayor

The Mayor has a responsibility to direct the Chief Executive Officer and Senior Executive

Employees, in accordance with Council policies (section 12 (4) of the local Government Act

2009).

Councillors (including Mayor)

Councillors, may not direct, and must not attempt to direct any employee about the way in

which the employee’s duties are to be performed except as allowed in the above clause.

Employees

If an attempt is made by a Councillor to direct an employee, the employee must report this

matter to the CEO directly or through the Employee’s Director so that the matter can be

addressed with the Councillor concerned.

INFORMATION OR ADVICE

Councillors

Councillors may request a Director for information or advice on any matter relating to the

administration or management of the department managed by the Director in question.

Councils may request the Chief Executive Officer for information or advice on any matter

relating to the administration or management of any aspect of Council’s affairs.

A request for information or advice must identify the proposed decision that the Councillor

needs information or advice on.

A Councillor seeking information or advice from the Chief Executive Officer or Director must

advice that employee if they have made a similar request for similar information or advice

from any other employee.

A Councillors request for advice must not take the form of an attempt to direct or pressure

the Chief Executive Officer or Director to prepare a response in a certain manner.

A Councillor is to inform the Chief Executive Officer if they believe the Director has not

appropriately responded to a request for information or advice.

Employees

Employees must not comply with request for information or advice from Councillors which

are contrary to these guidelines. Where such requests are received, a report must be made

either direct to the Chief Executive Officer so that the matter can be addressed with the

Councillor concerned.


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Where they are residents within the Doomadgee Aboriginal Shire Council, employees have

constituents’ normal rights of access to Councillors providing that such rights are exercised

out of working hours.

Except in circumstances mentioned in the above clause, employees must not, without first

informing the Chief Executive Officer, approach Councillors to discuss any matter relating

to the administration or management of any aspect of the Council’s affairs.

Where an employee contacts a Councillor in an emergency situation, the Councillor should

immediately (or as soon as practicable) inform the Chief Executive Officer accordingly.

Any response to a Councillor must have due regard to the provisions of relevant legislation

including the Local Government Act 2009, Local Government Regulation 2012, other Acts

and Regulations, Council’s Local laws, Policies, Corporate Plan, Operational Plan, Annual

Budget, and the nature of the environment is which work is performed.

Employees must ensure, at all times, that requests for assistance which involve the

expenditure of funds for the use of resources not specifically provided for in the Budget, are

referred to the CEO for approval. This could involve obtaining a Council resolution or budget

amendment to authorise the work.

Section 3 – Implementation

This Policy will be made available to all Councillors and Employees of Doomadgee

Aboriginal Shire Council.

Section 4 – Reference and Supporting Information

Supporting documentation

Links to supporting documentation

Councillor Code of Conduct

Appendix 1 – Schedule of Employees

Appendix 2 – Request for Information

Appendix 3 – Councillor Acknowledgement

Section 5 – Governance

Policy is governed by the following legislation

Name Link

S170A (6) Local

Government Act

2009

www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LocalGovA09.pdf

Responsibility

Responsible Department: Governance

Policy Administrator: Chief Executive Officer

Review

Review Period: Annually

http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LocalGovA09.pdf


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Privacy Provision

Council respects and protects people’s privacy and collects, stores, uses and discloses

personal information responsibly and transparently when delivering Council services and

business.

Change History

Review

Date

Revision

Number

File

Reference:

Approval

Date

Change: Date of

Next

Review

08/08/2016 78-08/16 08/08/2016 Updated 01/05/2016

01/06/2016

APPENDIX 1 SCHEDULE OF EMPLOYEES

The Policy states that the Chief Executive Officer will provide a list of officers that Councillors

may contact. These officers are as follows:

Position

• Chief Executive Officer

• Director of Engineering

• Director of Corporate Services

• Director of Community Services

• Governance Manager

COUNCILLOR ACKNOWLEDGEMENT

Guidelines for Councillors asking for Employee Advice

Acceptable Request Guidelines

I acknowledge:

• Receiving the Doomadgee Aboriginal Shire Council – Guidelines for Councillors asking for Employee Advice – Acceptable Request Guidelines

• That I shall comply with the Policy; and

• That there may be disciplinary consequences if I fail to comply.

Name:

__________________________________________________________

Signed:

__________________________________________________________

Date:

__________________________________________________________

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