notice of ordinary meeting orana joint organisation... · 9/30/2019  · mayor warren shire council...

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NOTICE OF ORDINARY MEETING ORANA JOINT ORGANISATION It is advised that the next meeting of the Board of the Orana Joint Organisation to be held on MONDAY 30 th September 2019 at NARROMINE Shire Council Chambers Orana JO Board Members Clr Doug Batten (Chair) Clr Denis Todd Clr Craig Davies Clr Des Kennedy Clr Milton Quigley Clr Ray Donald OAM David Neeves Roger Bailey Jane Redden Brad Cam Glenn Wilcox Derek Francis Ashley Albury Belinda Barlow MAYOR Gilgandra Shire Council MAYOR Warrumbungle Shire Council MAYOR Narromine Shire Council MAYOR Mid-Western Regional Council MAYOR Warren Shire Council MAYOR Bogan Shire Council General Manager, Gilgandra Shire Council General Manager, Warrumbungle Shire Council General Manager, Narromine Shire Council General Manager, Mid-Western Regional Council General Manager, Warren Shire Council General Manager, Bogan Shire Council Director Regions Western NSW Executive Officer, Orana Joint Organisation Please contact Executive Officer on 0408 381 474 or email [email protected] with any queries

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  • NOTICE OF ORDINARY MEETING ORANA JOINT ORGANISATION

    It is advised that the next meeting of the Board of the Orana Joint Organisation

    to be held on MONDAY 30th September 2019

    at NARROMINE Shire Council Chambers

    Orana JO Board Members

    Clr Doug Batten (Chair) Clr Denis Todd Clr Craig Davies Clr Des Kennedy Clr Milton Quigley Clr Ray Donald OAM David Neeves Roger Bailey Jane Redden Brad Cam Glenn Wilcox Derek Francis Ashley Albury Belinda Barlow

    MAYOR Gilgandra Shire Council MAYOR Warrumbungle Shire Council MAYOR Narromine Shire Council MAYOR Mid-Western Regional Council MAYOR Warren Shire Council MAYOR Bogan Shire Council General Manager, Gilgandra Shire Council General Manager, Warrumbungle Shire Council General Manager, Narromine Shire Council General Manager, Mid-Western Regional Council General Manager, Warren Shire Council General Manager, Bogan Shire Council Director Regions Western NSW Executive Officer, Orana Joint Organisation

    Please contact Executive Officer on 0408 381 474 or email [email protected] with any queries

  • ORDINARY BOARD MEETING

    AGENDA Meeting Date: MONDAY 30 September 2019

    Location: Narromine Shire Council 124 Dandaloo Street NARROMINE NSW 2821

    Time: 9.00 am

    Invitees include: Member for Parkes The Hon Mark Coulton MP Member for Dubbo Mr Dugald Saunders MP NSW Drought Co-ordinator Mr Jock Laurie Director Emergency Drought Relief DPI NSW Mr Barry Kay Deputy Director Resources for Western Region, Regional NSW DPE Mr Ken Harrison

    NOTICE OF BUSINESS

    AGENDA commencing at 9.00 am

    1 9.00 am Opening of meeting and welcome 2 9.05 am Apologies and applications for a leave of absence by voting

    representatives 3 9.05 am Declaration of Interests

    At this juncture, Orana JO Board Members should indicate any items in which they have an interest and therefore will not be participating in discussion or voting.

    3.1 9. 10 am Election of Chair and Deputy Chair 4 9.15 am DROUGHT in the Orana Region Report supplied under separate cover

    Open DISCUSSION 10.30 am MORNING TEA 5 10.50 am 2018 2019 Orana JO Annual Financial Statements

    Presentation via teleconference with NSW Audit Office and Orana JO Auditor, Prosperity Partners Financial Reports supplied under separate cover

    6 10.55 am Confirmation of minutes of Previous Meeting(s) 7 11.00 am Matters arising from previous minutes

    7.1 Performance Review Panel 8 11.05 am Chairperson’s minute(s) 9 11.10 am Executive Officer – Reports – Part A (Action)

    9.1 Review and Amend the Charter 9.2 Annual Performance Statement 9.3 Orana JO Budget Report 9.4 Orana JO Statement of Revenue Policy 9.5 Delivery Program Progress Report 9.6 JO Capacity Building Fund Additional Report supplied separate cover 9.7 Draft Internal Reporting Policy

    10 11.20 am Executive Officer – Reports – Part B (Information) 10.1 Code of Conduct Statistics Report 10.2 Resource sharing opportunity 10.3 A new internal audit and risk management framework 10.4 Orana Water Utilities Alliance

    Page 1 of 123September 2019 Orana JO Board Meeting

  • 11 11.30 am Executive Officer – Reports – Part C (Confidential) 11.1 Personnel matters 11.2 Orana JO Connectivity

    12 11.40 am Notices of motions/Questions with notice Extra Ordinary Meeting 27 August 2019 - That a discussion be held in respect of using recycled plastics as alternate road material at the next Orana JO Board Meeting.

    13 11.50 am Matters of urgency 14 Midday Correspondence 15 12.10 pm Committee of the Whole 16 12.20 pm Next meeting 17 12.30 pm Closure of meeting

    Page 2 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION 2019 Meeting Dates

    Orana JO Board 4 March 2019 Warrumbungle Shire Extra Ordinary Board 29 April 2019 Gilgandra Shire Council Orana JO Board Monday 6

    June 2019 Bogan Shire Council

    Orana JO Board 30 September 2019 Narromine Shire Council

    Orana JO Board 9 December 2019 Mid-Western Regional Council

    Page 3 of 123September 2019 Orana JO Board Meeting

  • 1. OPEN MEETING AND WELCOME

    Page 4 of 123September 2019 Orana JO Board Meeting

  • 2. APOLOGIES AND APPLICATIONS FOR LEAVE OF ABSECENCE BY VOTING REPRESENTATIVES

    Page 5 of 123September 2019 Orana JO Board Meeting

  • 3. DECLARATIONS OF INTERESTS At this juncture, Orana JO Board Members should indicate any items in which they have an interest and therefore will not be participating in discussion or voting. 3.1 ELECTION OF CHAIR AND DEPUTY CHAIR

    Page 6 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION ORDINARY MEETING BUSINESS PAPER – 30 SEPTEMBER 2019 REPORTS TO JO – EXECUTIVE OFFICER - PART A (ACTION)

    3.1 ELECTION of CHAIR and DEPUTY CHAIR

    AUTHOR Executive Manager Corporate Governance, Narromine Shire Council

    RESPONSIBLE OFFICER Executive Officer LINK TO SSRP Priority 4: A capable and collaborative Joint Organisation

    Executive Summary This report is presented to the JO Board to elect a Chair and Deputy Chair for 12 month term.

    Report Election of the Chairperson and Deputy Chairperson must be conducted in accordance with the requirements of the Local Government (General) Regulation 2005.

    In accordance with an election for Chairperson of a Joint Organisation is to be held:

    (a) at the first meeting of the Board after the Joint Organisation is established, and(b) at the first meeting of the Board after the term of the Chairperson expires, and(c) if the office of Chairperson becomes vacant for any other reason.

    Subject to subclause (2), a by-election to fill a vacancy in the office of Chairperson of a Joint Organisation is to be held at the next meeting of the Board of the Joint Organisation occurring after the vacancy occurs.

    Chairperson The Chairperson is to be elected by the voting representatives of the Board from one of the Mayoral representatives.

    The Chairperson is the Joint Organisation’s spokesperson on strategic matters and will represent the Joint Organisation at regional forums where possible.

    The Chairperson is responsible for the conduct of meetings.

    The term of the Chairperson is for 2 years and shall align with the Mayoral elections.

    Deputy Chairperson The Board may elect a Deputy Chairperson from the voting representatives of the Board from one of the Mayoral representatives.

    The Deputy Chairperson is to provide assistance to the Chairperson on strategic matters and will represent the Joint Organisation at regional forums where the Chairperson is not available.

    Page 7 of 123September 2019 Orana JO Board Meeting

  • ELECTION of CHAIR and DEPUTY CHAIR con’td Returning Officer The Executive Officer is the returning officer. Nomination A Voting Board Member may be nominated without notice for election as Chair or Deputy Chair. The nomination is to be made in writing by two or more Board Members (one of whom may be the nominee). The nomination is not valid unless the nominee has indicated consent to the nomination in writing. The nomination is delivered or sent to the returning officer. The returning officer is to announce the names of the nominees at the Board Meeting at which the election is to be held. Election If only one Board Member is nominated, that Board Member is elected. If more than one Board Member is nominated, the Board is to resolve whether the election is to proceed by preferential ballot, by ordinary ballot or by open voting. A similar procedure applies for the election of a Deputy Chair. The election is to be held at the Board Meeting at which the Joint Organisation resolves on the method of voting. Note: “ballot” has its normal meaning of secret ballot. “Open voting” means voting by a show of hands or similar means. 1. ELECTION (Cont’d) Ordinary Ballot or Open Voting If the election proceeds by ordinary ballot, the returning officer is to decide the manner in which votes are to be marked on the ballot-papers. The formality of a ballot-paper must be determined in terms of clause 345(1)(b), (c) and (6) of the Regulations. An informal ballot-paper must be rejected at the count. Count – 2 Candidates If there are only two candidates, the candidate with the higher number of votes is elected. If there are only two candidates and they are tied, the one elected is chosen by lot. Count – 3 or more Candidates (1) If there are three or more candidates, the one with the lowest number of votes

    is to be excluded.

    Page 8 of 123September 2019 Orana JO Board Meeting

  • ELECTION of CHAIR and DEPUTY CHAIR con’td (2) If three or more candidates then remain, a further vote is to be taken of those

    candidates and the one with the lowest number of votes from that further vote is to be excluded.

    (3) If, after that, 3 or more candidates still remain, the procedure set out in sub-clause (2) is to be repeated until only 2 candidates remain.

    (4) A further vote is taken of the 2 remaining candidates. (5) The procedure for the count for two candidates then applies as if the two

    remaining candidates had been the only candidates. (6) If at any stage during a count under sub-clause (1) or (2), two or more

    candidates are tied on the lowest number of votes, the one excluded is to be chosen by lot.

    Choosing by Lot To choose a candidate by lot, the names of the candidates who have equal numbers of votes are written on similar slips of paper by the returning officer, the slips are folded by the returning officer so as to prevent the names being seen, the slips are mixed and one is drawn at random by the returning officer and the candidate whose name is on the drawn slip is chosen. Result The result of the election (including the name of the candidate elected as Chair and Deputy Chair) is (a) to be declared to the representatives on the Board at the Board Meeting at which the election is held by the returning officer, and (b) to be delivered or sent to the Director General of the Office of Local Government and the Secretary of Local Government NSW. Financial Implications Budget 2019/2020 Legal and Regulatory Compliance Schedule 7A of the Local Government (General) Regulation 2005 Risk Management Issues Compliance with legal and regulatory implications Internal/External Consultation Nil Attachments Nil

    Page 9 of 123September 2019 Orana JO Board Meeting

  • ELECTION of CHAIR and DEPUTY CHAIR con’td RECOMMENDATION 1. That in the event of more than one candidate for the positions of Chair and

    Deputy Chair the election(s) be conducted by ordinary ballot. 2. That the result of the election (including the name of the candidate elected as

    chairperson of the joint organisation) is to be delivered to the Departmental Chief Executive.

    Page 10 of 123September 2019 Orana JO Board Meeting

  • 4. DROUGHT IN THE ORANA REGION(Report ‘Drought in the Orana region’ provided under separate cover)

    Page 11 of 123September 2019 Orana JO Board Meeting

  • 5. 2018/2019 ORANA JO ANNUALFINANCIAL STATEMENTS(Additional financial reports provided under separate cover)

    Page 12 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION ORDINARY MEETING BUSINESS PAPER – 30 SEPTEMBER 2019

    REPORTS TO JO – ANNUAL FINANCIAL STATEMENTS 5. 2018-19 ANNUAL FINANCIAL STATEMENTS AUTHOR Director Finance and Corporate Strategy, NSC RESPONSIBLE OFFICER Director Finance and Corporate Strategy, NSC LINK TO SSRP Priority 4: A capable and collaborative Joint Organisation Executive Summary The Annual Financial Statements have been prepared in accordance with the Office of Local Government’s Code of Accounting Practice and Financial Reporting Guidelines and Australian Accounting Standards, have been audited and are presented to the Orana JO Board for adoption. Report Section 419 of the Local Government Act stipulates financial statements together with the auditor’s reports must be presented at a meeting held on the date fixed for the meeting. Summary Council’s External Auditor’s Report reflects a clean opinion on Orana Joint Organisation’s financial position and financial performance as at 30th June 2019. The External Audit Report will be available after Orana Joint Organisation sign the Financial Statements and Management Representation Letter and submit them to the NSWAO. Financial Implications The Annual Financial Statements reflect the transactions previously reported to at the previous Budget Reviews and the year-end adjustments. Legal and Regulatory Compliance Local Government Act 1993 Local Government Code of Accounting Practice and Financial Reporting Guidelines – Update 26 The Australian Accounting Standards and professional pronouncements of the Australian Standards Board Risk Management Issues Nil Internal/External Consultation The General Purpose Financial Statements were audited by the NSW Audit Office.

    Page 13 of 123September 2019 Orana JO Board Meeting

  • 2018-19 ANNUAL FINANCIAL STATEMENTS (Cont’d) Attachments (under separate cover) 1 Financial Statements 2 Management Representation Letter 3 NSWAO Audit Closing Report

    RECOMMENDATIONS 1. That the Orana JO Board adopts and signs the 2018-19 Financial Statements as

    presented. 2. That the Management Representation Letter be signed and submitted to the

    NSWAO. 3. That the NSWAO Closing Report be noted.

    Page 14 of 123September 2019 Orana JO Board Meeting

  • 6. CONFIRMATION OF MINUTESOF PREVIOUS MEETINGS6 JUNE 2019 – ORANA JO BOARD

    27 AUGUST 2019 – ORANA JO BOARD EXTRA ORDINARY MEETING

    Page 15 of 123September 2019 Orana JO Board Meeting

  • 7. MATTERS ARISING FROM PREVIOUS MINUTES 7.1 PERFORMANCE REVIEW PANEL

    Page 16 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION ORDINARY MEETING BUSINESS PAPER – 30 SEPTEMBER 2019

    REPORTS TO JO – MATTERS ARISING FROM PREVIOUS MINUTES

    7.1. PERFORMANCE REVIEW PANEL

    AUTHOR Executive Manager Corporate Governance, Narromine Shire Council

    RESPONSIBLE OFFICER General Manager, Narromine Shire Council LINK TO SSRP Priority 4: A capable and collaborative Joint Organisation

    Executive Summary This report is presented to the Board for the consideration and establishment of a performance review panel.

    The Joint Organisation Implementation Guide states that the Guidelines for the appointment and oversight of General Managers apply to the management of the employment relationship between Joint Organisations and Executive Officers in the same way that they apply to the management of the employment relationship between Councils and General Managers.

    The Executive Officer is made accountable to their Joint Organisation principally through their contract of employment. The role of the Board is to oversee the Executive Officer’s performance in accordance with the Standard Contract. The performance of the Executive Officer must be reviewed at least annually against the agreement performance criteria for the position. The Board may wish to undertake more frequent interim reviews of the Executive Officer’s performance.

    The Guidelines recommend that the whole process of performance management be delegated to the performance review panel, including discussions about performance, any actions that should be taken and the determination of the new performance agreement.

    Performance panels for General Managers should comprise the Mayor, Deputy Mayor, a Councillor nominated by Council and a Councillor nominated by the General Manager.

    It is therefore recommended that should a performance panel be established by the Orana Joint Organisation, it comprise the Chair, a voting member appointed by the Board and a voting member appointed by the Executive Officer. The Board may consider including an independent observer on the panel, or if the Executive Officer agrees, involve an external facilitator to assist with the process of performance appraisal.

    All voting members not on the panel can contribute to the performance process by providing feedback to the Chair.

    Page 17 of 123September 2019 Orana JO Board Meeting

  • PERFORMANCE REVIEW PANEL (Cont’d) All voting members should be notified of relevant dates in the performance review cycle and be kept advised of the panel’s findings and recommendations. The panel should report back to the Board in a closed session the finding and recommendations of its performance review as soon as practicable following any review. This report must remain confidential. Financial Implications This will be dependent on whether an external facilitator is appointed to assist with the performance review process. Legal and Regulatory Compliance Section 23A of the Local Government Act 1993 – any relevant guidelines issued under this section of the Act must be taken into consideration before exercising any functions Guidelines for the Appointment and Oversight of General Managers – July 2011 Joint Organisation Implementation Guidance – May 2018 Risk Management Issues Compliance with legislative requirements. Internal/External Consultation Executive Officer, General Manager Narromine Shire Council Attachments

    - Nil RECOMMENDATION That the Board establish a performance review panel consisting of the Chair, a voting member appointed by the Board and a voting member appointed by the Executive Officer, to conduct performance reviews, report the findings and recommendations of those reviews to the Board, and develop the performance agreement of the Executive Officer.

    Page 18 of 123September 2019 Orana JO Board Meeting

  • 8. CHAIRPERSON’S MINUTES

    Page 19 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION ORDINARY MEETING BUSINESS PAPER – 30 SEPTEMBER 2019

    REPORTS TO JO – CHAIRPERSON’S MINUTES

    8. ORANA JOINT ORGANISATION CHAIRPERSON’S MINUTES AUTHOR Orana JO Chair RESPONSIBLE OFFICER Orana JO Chair LINK TO SSRP Priority 1: A connected region Priority 2: A vibrant region Priority 3: An environmentally sustainable region Priority 4: A capable and collaborative Joint Organisation Executive Summary This report is presented to the Orana JO Board to note the Chairperson’s minutes. Report SEPT 2019: CHAIRS REPORT

    • On 20th September, Councillor Davies, Orana JO Executive Officer and myself met with the Hon Shelley Hancock, Minister for Local Government, Dugald Saunders Member for Dubbo and the Minister’s Chief of Staff to discuss the ongoing sustainability of the Orana JO. I understand that the Minister has had similar meetings with all the other JO’s in the state.

    I took the opportunity to acquaint the Minister with the history surrounding the proclamation of the Orana JO in May 2018 and, in my words, the castration of the previously successful and unified Orana ROC.

    • The Minister conceded that the scale and capacity of the current JO is not sufficient to sustain a viable entity without either a significant financial contribution from the member councils or the state government. I believe that as a delegation we made it quite clear that the former was not a consideration.

    • The need for Ministerial direction in regard to the role and expectations of the JO

    was also highlighted and was exampled by ever increasing requests from government departments and agencies directed at the JO level disregarding the autonomy of the member councils.

    As Chair I have found it necessary, on a number of occasions, to respond to requests for input in regard to issues relating to local waste management, water supply and security and councils involvement in the provision of health infrastructure along the lines that our member councils have not, nor are likely to, devolve that particular function to the Joint Organisation.

    Page 20 of 123September 2019 Orana JO Board Meeting

  • The Minister was also made aware of the tendency for staff from the Office of Local Government to display a lack of appreciation of the role of the JO.

    I did example the situation at the latest NSW JO Chairs’ meeting where the address from senior OLG staff centred upon issues relating to general purpose councils and their day to day operations not the strategic regional focus of the JO’s.

    From a local government viewpoint I was pleased to be able to acknowledge the positive achievements of the Minister since her assuming the role following the March 2019 elections.

    Clr Doug Batten Outgoing Chair Orana Joint Organisation of Councils

    RECOMMENDATION That the Orana JO Board note the Chairperson’s minutes/report.

    Page 21 of 123September 2019 Orana JO Board Meeting

  • 9. EXECUTIVE OFFICER – ReportsPart A (Action)

    9.1 Review and Amend the Charter 9.2 Annual Performance Statement 9.3 Orana JO Budget Report 9.4 Orana JO Statement of Revenue Policy 9.5 Delivery Program Progress Report 9.6 JO Capacity Building Fund 9.7 Draft Internal Reporting Policy

    Page 22 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION ORDINARY MEETING BUSINESS PAPER – 30 SEPTEMBER 2019 REPORTS TO JO – EXECUTIVE OFFICER – PART A (ACTION)

    9.1 REVIEW and AMEND THE ORANA JO CHARTER

    AUTHOR Executive Officer RESPONSIBLE OFFICER Executive Officer LINK TO SSRP Priority 4: A capable and collaborative Joint Organisation

    Executive Summary This report is presented to the JO Board to review and amend the Orana Joint Organisation’s Charter.

    Report The JO Charter can be reviewed and amended from time to time.

    Local Government (General) Regulation states that the Joint Organisation must consult with member councils about the content of a proposed charter of the JO.

    Consultation with Member Councils has been undertaken to include the following amendments at 4.2 and 5.4 in the Orana JO Charter.

    4.2 Chairperson and role The Chairperson is to be elected by the voting representatives of the Board from one of the Mayoral representatives.

    The Chairperson is the Joint Organisation’s spokesperson on strategic matters and will represent the Joint Organisation at regional forums where possible.

    The Chairperson is responsible for the conduct of meetings.

    The term of the Chairperson is for 2 years and shall align with the Mayoral elections.

    4.2.1 Deputy Chairperson and role

    The Board may elect a Deputy Chairperson from the voting representatives of the Board from one of the Mayoral representatives.

    The Deputy Chairperson is to provide assistance to the Chairperson on strategic matters and will represent the Joint Organisation at regional forums where the Chairperson is not available.

    Page 23 of 123September 2019 Orana JO Board Meeting

  • REVIEW and AMEND THE ORANA JO CHARTER cont’d

    Recent advice received from Office of Local Government confirms that Joint Organisations are not required to hold an Annual General Meeting or present an annual report.

    The initial guidance and instruction received by the Office of Local Government and template charter publication (contained in the publication Joint Organisation Implementation May 2018) indicated for the inclusion of an annual general meeting and presentation of annual report.

    As an annual general meeting and an annual report is not a legislative requirement of a Joint Organisation, it is recommended that the Orana Joint Organisation remove annual general meeting and annual report from 5.4 of its Charter.

    End of financial year reporting 5.4 The Orana Joint Organisation will hold a meeting in November to present the

    Audited Financial Statements and review charter (if required).

    Financial Implications

    Budget 2019/2020

    Legal and Regulatory Compliance

    Local Government Act Local Government (General) Regulation 2005 Interpretation Act 1987

    Risk Management Issues

    Compliance with legal and regulatory implications.

    Internal/External Consultation

    Competed. The information contained within this report is considered as adequate consultation with the Orana JO Board.

    Attachments

    Orana JO Charter

    RECOMMENDATION

    1. The consultation with Orana JO Board members for proposed amendments tothe Charter be noted.

    2. That the Board accept the amendments to the Orana JO Charter.

    Page 24 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT

    ORGANISATION

    CHARTER September 2019

    Contact Details: Executive Officer Email: [email protected]

    Page 25 of 123September 2019 Orana JO Board Meeting

    mailto:[email protected]

  • ORANA JOINT ORGANISATION CHARTER 1 | P a g e

    CONTENTS

    INTRODUCTION ............................................................................................................................................................ 2

    1.1 Preamble ....................................................................................................................................................... 2

    1.2 Name and legal status .................................................................................................................................. 2

    1.3 Interpretation ............................................................................................................................................... 2

    1.4 Definitions ..................................................................................................................................................... 2

    1.5 Adopting the Charter .................................................................................................................................... 3

    1.6 Amending the Charter .................................................................................................................................. 3

    ESTABLISHMENT ........................................................................................................................................................... 4

    2.1 Vision and principles ..................................................................................................................................... 4

    2.2 Principal functions ........................................................................................................................................ 4

    2.3 Other functions ............................................................................................................................................. 4

    MEMBERSHIP ................................................................................................................................................................ 5

    3.1 Voting Members ........................................................................................................................................... 5

    3.2 Non-voting members .................................................................................................................................... 5

    3.3 Changes in membership ............................................................................................................................... 5

    3.4 Financial contributions ................................................................................................................................. 5

    3.5 Decision resolution ....................................................................................................................................... 5

    3.6 Dispute resolution ........................................................................................................................................ 6

    THE BOARD ................................................................................................................................................................... 7

    4.1 Governing Board and role............................................................................................................................. 7

    4.2 Chairperson and role .................................................................................................................................... 7

    4.3 Alternates ..................................................................................................................................................... 7

    4.4 Advisory committees and working groups ................................................................................................... 7

    MEETINGS ..................................................................................................................................................................... 8

    5.1 Meeting frequency ....................................................................................................................................... 8

    5.2 Participation and quorum ............................................................................................................................. 8

    5.3 Voting and decision making .......................................................................................................................... 8

    5.4 End of Year Financial Reporting ................................................................................................................... 8 PLANNING AND REPORTING ......................................................................................................................................... 9

    6.1 Consultation and publication ....................................................................................................................... 9

    OTHER MATTERS ........................................................................................................................................................ 10

    7.1 Records ....................................................................................................................................................... 10

    7.2 Insurance .................................................................................................................................................... 10

    7.3 Indemnity .................................................................................................................................................... 10

    7.4 Policies ........................................................................................................................................................ 10

    7.5 Transitional Arrangements ......................................................................................................................... 10

    Page 26 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION CHARTER 2 | P a g e

    INTRODUCTION

    1.1 Preamble The operation of and governance principles for the Orana Joint Organisation is guided by this Charter, which has been adopted by resolution of the Board.

    1.2 Name and legal status The name of the Joint Organisation is the Orana Joint Organisation.

    Orana Joint Organisation is a body corporate proclaimed under the Local Government Act 1993 (the Act) with the legal capacity and powers of an individual. See the proclamation forming this Joint Organisation at http://www.legislation.nsw.gov.au/regulations/2018-192.pdf for further information about the membership and functions of Orana Joint Organisation and other key matters.

    While the principal functions of the Joint Organisation are provided for in the Act and through this Charter, powers are also conferred on the Joint Organisation as a statutory corporation under section 50 of the Interpretation Act 1987. Other functions may be conferred on a Joint Organisation by legislation and may be delegated to a Joint Organisation by one or more member councils.

    1.3 Interpretation This Charter is to be interpreted in accordance with the Local Government Act 1993 and Local Government (General) Regulation 2005 and the Interpretation Act 1987.

    1.4 Definitions In this Charter, the following terms are used as below.

    Act means the Local Government Act 1993.

    Board means the Joint Organisation Board, consisting of the Mayors of each Member Council, any additional voting representatives of these Member Councils appointed under section 400T of the Act and any other non-voting representatives who may attend, but are not entitled to vote at a meeting.

    Charter means this document, outlining the operational and governance principles for the Joint Organisation and any other agreed matters, consistent with the Act and other laws.

    Chairperson means the person, who is a Mayor, elected to the office of chairperson by the voting representatives on the Board from among the voting representatives who are Mayor.

    Councillor means a person elected or appointed to civic office and includes a Mayor.

    Executive officer means the person employed by the Joint Organisation to conduct the day-to-day management of the Joint Organisation in accordance with strategic regional priorities and other plans, programs, strategies and policies of the Joint Organisation and to implement without delay the lawful decisions of the Joint Organisation.

    General Manager means the person employed by a Council to conduct the day-to-day management of the Council in accordance with strategic plans, programs, strategies and policies of the Council and to implement without delay the lawful decisions of the council.

    Joint Organisation means an Organisation established under Part 7 Chapter 12 of the Local Government Act 1993

    Member council means those Councils proclaimed under the Act to be part of the Orana Joint Organisation.

    Mayor means a person elected or appointed to civic office, who is the leader of the council.

    Non-voting member means those councils and other Organisations or individuals that are members of the Joint Organisation but do not have the right to vote.

    Page 27 of 123September 2019 Orana JO Board Meeting

    http://www.legislation.nsw.gov.au/regulations/2018-192.pdf

  • ORANA JOINT ORGANISATION CHARTER 3 | P a g e

    Non-voting representative means the chosen representative of a non-voting member of the Board (sometimes called an ‘associate member’). This includes:

    • an employee of the public service nominated by the Secretary, Department of Premier and Cabinet

    • any other individual or representative of a council or other organisation invited by the Board to represent a non-voting member of the Board

    • any other person or a member of a class of persons prescribed by the Regulation.

    Regulation means the Local Government (General) Regulation 2005.

    Voting representative means a representative of a Member Council on the Board.

    1.5 Adopting the Charter This Charter was formally adopted by the Orana Joint Organisation on 13 June 2018

    This Charter will be made publicly available via the following website administered by the Joint Organisation within 30 days of adoption www.oranajointorganisation.nsw.gov.au.

    1.6 Amending the Charter This Charter will be reviewed every two (2) years at the time of the election of Chair. Other amendments may be

    made from time to time by resolution of the Board.

    Page 28 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION CHARTER 4 | P a g e

    ESTABLISHMENT

    2.1 Vision and principles The vision of Orana Joint Organisation for the Orana is:

    To be a leading Joint Organisation known for a high level of achievement, collaborative excellence and strong commitment to the region’s communities.

    The Orana Joint Organisation will act in accordance with the following principles:

    2.2 Principal functions The principal functions of the Orana Joint Organisation will be to:

    • establish strategic regional priorities for the Joint Organisation area and develop strategies and plans fordelivering these priorities

    • provide regional leadership for the Joint Organisation area and to be an advocate for strategic regionalpriorities

    • identify and take up opportunities for intergovernmental cooperation on matters relating to the JointOrganisation area.

    2.3 Other functions The other services, functions or types of functions the Orana Joint Organisation will undertake are:

    • to provide support for the operations of its Member Councils aimed at strengthening local government in itsJoint Organisation area;

    The Board may, from time to time, determine whether and how to undertake any other functions.

    Page 29 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION CHARTER 5 | P a g e

    MEMBERSHIP

    3.1 Voting Members The following are ‘Member Councils’ of the Orana Joint Organisation:

    • Bogan

    • Gilgandra

    • Mid-Western Regional

    • Narromine

    • Warrumbungle

    • Warren

    3.2 Non-voting members The following organisations are non-voting members of the Joint Organisation:

    • the NSW Government, as represented by a nominee of the Secretary of the Department of Premier and Cabinet, currently the Department of Premier and Cabinet, Director Western Region.

    • General members of the Orana Joint Organisation membership.

    3.3 Changes in membership A proclamation is required for a Joint Organisation to change voting members.

    Any voting member proposing to withdraw from the Joint Organisation must give 1 month written notice.

    This Charter may be amended to change non-voting Members of the Board. In deciding whether to propose or support a change in membership, the Orana Joint Organisation will:

    • at the request of a member, consider a draft resolution seeking membership change, and

    • following a resolution in support, amend this Charter as set out section 1.6 to change membership as set out at section 3.2.

    3.4 Financial contributions Each member council is to contribute a monetary payment or equivalent contribution based on the following methodology:

    • The annual financial contribution required to be made by each Member Council is to consist of:

    • a base fee of the same amount for each Member Council; and

    • a capitation fee (based on the most recent population data issued by Australian Bureau of Statistics Census data)

    • The annual financial contribution required to be made by each Associate Member is to be based on a methodology adopted by the Board.

    • The amount of the base fee, capitation fee and financial contribution by Associate Members for a financial year is to be determined prior to the start of that year by Resolution of the Board.

    • That new member’s financial contributions will be determined by the Board of the existing Orana Joint Organisation.

    Member councils will be consulted about proposed contributions by correspondence.

    3.5 Decision resolution In the event of an equality of votes in relation to a critical matter to be determined by the Board the resolution is lost. The mechanism for the Board to move critical decisions forward is as follows:

    Step 1a – internal resolution using one or more of the following:

    • Take into account Board Member views and rework the proposal.

    • Establish a specific sub-committee to review and rework the proposal.

    Page 30 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION CHARTER 6 | P a g e

    Set aside time for the Board to discuss the proposal prior

    • to the next Board Meeting.

    • Obtain and present to the Board advice from an expert or an independent report.

    Alternative Step 1b – refer decision to Member Councils to resolve in the following circumstances:

    • Decisions in relation to Member Council financial contributions over $1.00.

    Step 2 – independent mediation (may include using any of the processes outlined in Step 1):

    • Board resolves to work with an independent mediator to support Board to resolve the decision.

    • Where a mediator cannot be agreed, the Board could ask Office of Local Government to appoint a mediator (as for a General Manager contract).

    Step 3 – appoint an independent arbitrator

    • Board resolves to appoint an independent arbitrator to support Board to resolve the decision.

    • Where the arbitrator cannot be agreed, the Board could ask Office of Local Government to appoint an arbitrator.

    Critical matters to be determined by the board include:

    • adoption of a Statement of Strategic Regional Priorities

    • adoption of the Annual Performance Statement and Financial Statements

    • decisions to commit financial contributions from member councils over $1.00.

    3.6 Dispute resolution In the event of a dispute between Board Members that arises from or relates to the Orana Joint Organisation, the following steps will be taken to resolve that dispute:

    • relevant Members will advise the Joint Organisation prior to taking legal action

    • relevant Members will give notice to Board Members specifying the nature of the dispute

    • on receipt of notice, Member Councils must endeavour in good faith to resolve the dispute promptly using informal dispute resolution techniques such as mediation, expert evaluation or

    determination or similar techniques, as agreed by those members

    • Members that are parties to the dispute will pay the mediator’s costs.

    Page 31 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION CHARTER 7 | P a g e

    THE BOARD

    4.1 Governing Board and role The Board of Orana Joint Organisation consists of:

    • the Mayors of each Member Council

    • a representative of the NSW Government, nominated by the Secretary of the Department of Premier and Cabinet, who is Ashley Albury, Director Western, NSW Regional Co-ordination, Regional NSW Department Premier and Cabinet.

    • the following other non-voting representatives General Manager Cobar, General Manager Gilgandra, General Manager Mid Wester Regional, General Manager Narromine, General Manager Warrumbungle.

    The role of the Board is to direct and control the affairs of the Joint Organisation. The Board is to consult with the Executive Officer in directing and controlling the affairs of the Joint Organisation.

    The Joint Organisation Executive Officer and General Manager of each Member Council may also attend meetings of the Board in an advisory capacity.

    4.2 Chairperson and role The Chairperson is to be elected by the voting representatives of the Board from one of the Mayoral representatives. In the absence of a Chairperson a person elected by the voting representatives at the meeting of the Board is to preside at the meeting. The Chairperson does not have a casting vote. The Chairperson is the Joint Organisation’s spokesperson on strategic matters and will represent the Joint Organisation at regional forums where possible. The Chairperson is responsible for the conduct of meetings. The term of the Chairperson is for 2 years and shall align with the Mayoral elections. Deputy Chairperson The Board may elect a Deputy Chairperson from the voting representatives of the Board from one of the Mayoral representatives. The Deputy Chairperson is to provide assistance to the Chairperson on strategic matters and will represent the Joint Organisation at regional forums where the Chairperson is not available. The Deputy Chairperson is for 2 years and shall align with the Mayoral elections. The Deputy Chairperson is not responsible for the conduct of meetings in absence of the Chairperson.

    4.3 Alternates Member Councils that choose to appoint an alternate representative (other than the Mayor) must notify the Joint Organisation of that person’s name and position.

    4.4 Advisory committees and working groups The Orana Joint Organisation establishes the following committees and advisory groups, which are to report to the Board as set out in their Terms of Reference: These may include but are not limited to:

    • General Managers Advisory Committee – Joint Organisation Leadership Team

    • Orana Water Utilities Alliance

    • Human Resources and Learning Development

    • Economic Development

    • Orana Risk and Safety Management Group

    • Asset Management Group

    • Finance and IT Group

    Other committees and advisory groups may also be established from time to time by Board resolution. Page 32 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION CHARTER 8 | P a g e

    MEETINGS

    5.1 Meeting frequency The Board will meet every at least once in each quarter on such date and at such place and time as the Board decides; and Meetings will be conducted in accordance with the Code of Meeting Practice adopted by the Board from time to time.

    Where necessary, the chair may call further meetings.

    5.2 Participation and quorum The quorum for a meeting of the Board is a majority of voting representatives entitled to vote under this Charter being at the meeting. No business is to be transacted at a general meeting without a quorum.

    5.3 Voting and decision making Decisions about principal functions:

    A decision of the Board supported by a majority at which a quorum is present is a decision of Orana Joint Organisation.

    Each voting member of the Board has one vote each in relation decisions taken about principal functions.

    A motion at a meeting of the Board is taken to be defeated in the event of an equality of votes. The chairperson, or person presiding at a meeting of the Board, does not have a casting vote.

    5.4 End of Year Financial Reporting The Orana Joint Organisation will hold a meeting in November to present the Audited Financial Statements and review charter (if required).

    Page 33 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION CHARTER 9 | P a g e

    PLANNING AND REPORTING

    6.1 Consultation and publication The Orana Joint Organisation will consult with all Members in preparing the following documents required under the Act and will publish the adopted versions on the Joint Organisation website www.oranajointorganisation.nsw.gov.au

    • Statement of Strategic Regional Priorities

    • Annual revenue statement

    • Audited financial reports.

    The Orana Joint Organisation will also publish an annual performance statement on its website.

    www.oranajointorganisation.nsw.gov.au.

    Page 34 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION CHARTER 10 | P a g e

    OTHER MATTERS

    7.1 Records The Joint Organisation will keep records and provide access to relevant information in accordance with the following legislation: State Records Act 1998 and the Government Information (Public Access) Act 2009

    The public officer of Orana Joint Organisation is the Executive Officer who may be contacted at [email protected].

    7.2 Insurance The Orana Joint Organisation has made the following insurance arrangements:

    Advice received from Jardine Lloyd Thompson P/L states that cover is confirmed for the Orana Joint Organisation once it is established. The existing cover of the members will be extended to include the activities of the Orana Joint Organisation.

    There will be no additional or separate charges applied for this policy extension to the Orana Joint Organisation.

    Non-Members of State-wide are to advise their insurers of their participation in the Orana Joint Organisation and seek to have their interests noted.

    7.3 Indemnity Representatives of members of the Board and staff of the Orana Joint Organisation are protected from liability for functions and duties carried out or omitted honestly, in good faith and with due care and diligence.

    7.4 Policies The Orana Joint Organisation has adopted the following policies:

    • Orana Joint Organisation Expenses and Facilities Policy

    • Orana Joint Organisation Code of Meeting Practice,

    • Orana Joint Organisation Code of Conduct, and

    • Orana Joint Organisation Statement of Revenue Policy

    • Orana Joint Organisation Privacy Management Plan

    Further policies may be adopted by the Board from time to time and will be published on the Orana Joint Organisation’s website at www.oranajointorganisation.nsw.gov.au.

    7.5 Transitional Arrangements There are no recorded transitional arrangements for the Orana Joint Organisation to date.

    Page 35 of 123September 2019 Orana JO Board Meeting

    https://www.legislation.nsw.gov.au/%23/view/act/1998/17

  • ORANA JOINT ORGANISATION ORDINARY MEETING BUSINESS PAPER – 30 SEPTEMBER 2019 REPORTS TO JO – EXECUTIVE OFFICER – PART A (ACTION)

    9.2 ANNUAL PERFORMANCE STATEMENT – 2019 ORANA JOINT ORGANISATION

    AUTHOR Executive Officer RESPONSIBLE OFFICER Executive Officer LINK TO SSRP Priority 4: A capable and collaborative Joint Organisation

    Executive Summary This report is presented to the JO Board for consideration and adoption of the annual performance statement.

    Report Local Government Regulation states that within 5 months from the end of each year, a Joint Organisation must prepare a report (its annual performance statement) for that year reporting to its progress in implementing its strategies and plans for the delivering its strategic regional priorities.

    The annual performance statement is to be published by the Joint Organisation on a website maintained by the organisation within 28 days after it is made.

    A Joint Organisation is not required to, but may, prepare an annual performance statement for the first year in which it is established

    Except for a few exclusions, application of the Local Government (General) Regulation 2005 for an annual report will apply to a Joint Organisation.

    Financial Implications

    Budget 2019/2020

    Legal and Regulatory Compliance

    Local Government Act Local Government (General) Regulation 2005 Local Government (General) Amendment (Regional Joint Organisations) Regulation 2018

    Risk Management Issues

    Compliance with legal and regulatory implications

    Internal/External Consultation

    Nil

    Page 36 of 123September 2019 Orana JO Board Meeting

  • ANNUAL PERFORMANCE STATEMENT – 2019 ORANA JOINT ORGANISATION cont’d

    Attachments Nil RECOMMENDATION 1. That the information be noted. 2. That the Orana JO prepares and publishes an Annual Performance Statement

    for the year 2018 - 2019.

    Page 37 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION ORDINARY MEETING BUSINESS PAPER – 30 SEPTEMBER 2019 REPORTS TO JO – EXECUTIVE OFFICER – PART A (ACTION)

    9.3 BUDGET REPORT – PERIOD ENDING SEPTEMBER 2019

    AUTHOR Executive Officer RESPONSIBLE OFFICER Executive Officer/Director Finance and Corporate

    Strategy LINK TO SSRP Priority 4: A capable and collaborative Joint Organisation

    Executive Summary This report is presented to the Orana JO Board to review the Orana JO’s financial performance from July to September 2019.

    Report The financial statement has been prepared for the September 2019 quarter and is presented to the JO as attachment 1.

    There are no adjustments in the period.

    There were no actual material budget variances for the period July to September 2019.

    The financial position of the Orana JO is considered to be satisfactory and is confirmed by the report from the Director Finance and Corporate Strategy, Narromine Shire Council.

    Financial Implications Orana JO’s 2019/2020 budget was adopted on 6th June 2019.

    Legal and Regulatory Compliance Local Government (General) Regulation 2005 (the Regulations) clause 203 requires a Council’s Responsible Accounting Officer to prepare and submit a quarterly budget review statement to the governing body of Joint Organisation within two months of the end of the quarter.

    Office of Local Government – Quarterly Budget Review Guidelines issued December 2010.

    Risk Management Issues Nil

    Internal/External Consultation Nil

    Attachment Quarterly Budget and Actual Performance Statement – SEPTEMBER 2019

    Page 38 of 123September 2019 Orana JO Board Meeting

  • RECOMMENDATION 1. That the document entitled ‘Orana JO Budget and actual performance for

    year to date September 2019 as attached to the report be noted. 2. That JO Board note that a budget review will be undertaken and submitted for

    December 2019 Orana JO Board Meeting.

    Page 39 of 123September 2019 Orana JO Board Meeting

  • Orana Joint OrganisationTotal

    Actual Budget Var $ Var %Income4-1600 Membership Revenue 83,302 83,302 0- 0.0%8-1200 Interest income 178 - 178 -Total Income 83,480 83,302 178 0.2%

    Less Cost of SalesTotal Cost of Sales - - - -

    Gross Profit 83,480 83,302 178 0.2%

    Less Expense6-1200 Audit Fees 6,000 6,000 - 0.0%6-1500 Consultants 1,500 - 1,500 -6-2000 Food & Catering 338 4,000 3,662- -91.5%6-2450 Legal & Governance - 10,000 10,000- -100.0%6-2500 Marketing - 2,000 2,000- -100.0%6-2550 Mobile Phone 135 1,000 865- -86.5%6-2600 Motor Vehicle Expenses - 19,000 19,000- -100.0%6-3300 Project Costs - 7,000 7,000- -100.0%6-3600 Service Agreement - Admin & Office 5,858 64,000 58,142- -90.8%6-3700 Subscript ions 98 - 98 -6-3800 Sundry Expenses 894 - 894 -6-5400 Superannuation expense 2,465 - 2,465 -6-5800 Travel & accommodation 1,418 8,000 6,582- -82.3%6-6200 Wages & salaries 25,944 127,000 101,056- -79.6%Total Expense 44,651 248,000 203,349- -82.0%

    Operating Profit 38,829 164,698- 203,527 123.6%

    Plus Other IncomeTotal Other Income - - - -

    Less Other ExpenseTotal Other Expense - - - -

    Net Profit 38,829 164,698- 203,527 123.6%

    Quarterly Budget and Actual Performance Statement – SEPTEMBER 2019

    Page 40 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION ORDINARY MEETING BUSINESS PAPER – 30 SEPTEMBER 2019 REPORTS TO JO – EXECUTIVE OFFICER - PART A (ACTION)

    9.4 ORANA JO STATEMENT OF REVENUE POLICY

    AUTHOR Executive Officer RESPONSIBLE OFFICER Executive officer LINK TO SSRP Priority 4: A Capable and Collaborative Joint

    Organisation

    Executive Summary This report is presented to Orana JO Board to consider the 2019/2020 Statement of Revenue Policy.

    Report In accordance with resolution 2019/044 of the Orana JO Extra Ordinary meeting held on 27 August 2019 the Orana JO draft 2019/2020 Statement of Revenue Policy was presented to the meeting and adopted and has been placed on public exhibition for 28 days.

    No submissions or comments have been received by the Orana JO.

    Financial Implications Nil

    Legal and Regulatory Compliance Local Government Amendment (Regional Joint Organisations) Act 2017 Local Government Act 1993

    Risk Management Issues Compliance with legislative and regulatory obligations

    Internal/External Consultation Orana JO has placed the documents on public exhibition for a period of 28 days (27 August 2019 until 25 September 2019) to provide the community with any opportunity to make submissions to the Orana JO.

    No submissions have been received.

    Attachments Statement of Revenue Policy

    RECOMMENDATION

    That the 2019/2020 Orana Joint Organisation Statement of Revenue Policy be adopted.

    Page 41 of 123September 2019 Orana JO Board Meeting

  • DRAFT Orana Joint Organisation

    Statement of Revenue Policy

    AUGUST 2019

    Page 42 of 123September 2019 Orana JO Board Meeting

  • Orana Joint Organisation Statement of Revenue Policy 2 | P a g e

    Contents

    Introduction ................................................................................................................................................. 3

    1. Financial contributions by member councils ................................................................................. 3

    2. Fees and Charges 2019-2020 ......................................................................................................... 3

    3. Income Statement ......................................................................................................................... 4

    4. Factors influencing Orana Joint Organisation revenue and pricing policy .................................... 6

    Community service obligations ............................................................................................................... 6

    Cost recovery ........................................................................................................................................... 6

    The user-pays principle............................................................................................................................ 6

    Corporate overheads ............................................................................................................................... 6

    Competitive neutrality ............................................................................................................................. 6

    Goods and services tax ............................................................................................................................ 6

    5. Fees for service .............................................................................................................................. 7

    Approved fees for service ........................................................................................................................ 7

    Credit card surcharge .............................................................................................................................. 7

    Private works ........................................................................................................................................... 7

    Page 43 of 123September 2019 Orana JO Board Meeting

  • Orana Joint Organisation Statement of Revenue Policy 3 | P a g e

    Introduction

    The Orana Joint Organisation’s revenue and accounting policies are kept in accordance with the Australian Accounting Standards Board. The Orana Joint Organisation abides by the:

    • Local Government Act (1993) • Local Government (General Regulation 2005) • Local Government Code of Accounting Practice and Financial Reporting

    In compiling this statement, a number of significant factors have been considered in conjunction with the projected Budget of the Orana JO and it is continuing to face increasing pressures to function, guarantee its staffing requirements and undertake its activities identified in the Statement of Strategic Regional Priorities as this is not within the resourcing and financial capacity of the current six member councils.

    1. Financial contributions by member councils As outlined in the Charter, the Orana Joint Organisation Member Councils are to contribute a monetary payment or equivalent contribution based on the following methodology: • The annual financial contribution required to be made by each Member Council is to consist of: • a base fee of the same amount for each Member Council; and • a capitation fee (based on the most recent population data issued by Australian Bureau of Statistics Census data) • The annual financial contribution required to be made by each Associate Member is to be based on a methodology adopted by the Board. • The amount of the base fee, capitation fee and financial contribution by Associate Members for a financial year is to be determined prior to the start of that year by Resolution of the Board. Member councils will be consulted about proposed contributions by correspondence. For 2019-2020 contributions are as follows:

    Member Council Amount Bogan $10,692 Gilgandra $11,569 Mid-Western Regional $22,976 Narromine $12,862 Warren $10,746 Warrumbungle $14,456 TOTAL $83,302

    Ordinary Membership fees are to increase by 2.7% which represents the maximum permissible amount as determined by the Independent Pricing and Regulatory Tribunal (IPART) for the year 2019/2020.

    2. Fees and Charges 2019-2020 Under the Local Government Act 1993, the Orana Joint Organisation may charge and recover an approved fee for its services.

    Page 44 of 123September 2019 Orana JO Board Meeting

  • Orana Joint Organisation Statement of Revenue Policy 4 | P a g e

    Orana Joint Organisation must consider the following when establishing approved fees: • the cost of provision of the service • recommended prices suggested by outside bodies • the importance of the service • legislation that regulates certain fees • Goods and Services Tax legislation

    3. Income Statement

    2016 Census

    ERP 2017 FLAT FEE Per Capita

    Contribution TOTAL 2.7% Rate Peg

    Bogan Shire Council 2692 2664 $8972.00 $ 1,438.56 $10,410.56 $10,691.65

    Gilgandra Shire Council 4236 4247 $8972.00 $ 2,293.38 $11,265.38 $11,569.55

    Mid-Western Regional Council 24076 24815 $8972.00 $13,400.10 $ 22,372.10 $22,976.15

    Narromine Shire Council 6444 6578 $8972.00 $ 3,552.12 $12,524.12 $12,862.27

    Warren Shire Council 2732 2763 $8972.00 $1,492.02 $10,464.02 $10,746.55

    Warrumbungle Shire Council 9384 9451 $8972.00 $5,103.54 $ 14,075.54 $14,455.58

    TOTALS 49,564 50,518 $53,832 $27,279.72 $81,111.72 $83,301.74

    Page 45 of 123September 2019 Orana JO Board Meeting

  • Orana Joint Organisation Statement of Revenue Policy 5 | P a g e

    EXPENDITURE ITEM - Orana JO 2019/2020

    JO - EXECUTIVE OFFICER PACKAGE $127,000

    JO - PROJECT SUPPORT COSTS $7,000.00

    JO - MOBILE COSTS $1,000.00

    JO - VEHICLE COSTS (OPERATING) $19,000.00 JO - Incidental/Catering/Other $4,000.00 JO - TRAVEL COSTS $8,000.00 JO – Office rental/Financial/Admin/HR and Support COSTS $64,000.00

    JO - MARKETING $2,000.00

    JO - AUDIT COSTS $6,000.00

    JO = LEGAL and Governance Costs $10,000.00

    TOTALS $248,000

    Page 46 of 123September 2019 Orana JO Board Meeting

  • Orana Joint Organisation Statement of Revenue Policy 6 | P a g e

    4. Factors influencing Orana Joint Organisation revenue and pricing policy

    The following factors will influence the Orana Joint Organisation revenue and pricing policy. Community service obligations A community service obligation arises where a council provides a function or service that has general community benefits beyond those received by direct users. Councils mainly exist to provide services that are considered to have community importance but are not viable or practical to be provided on a commercial basis. Councils review their level of Community Service Obligations as they relate to fees and charges. Where such a community service obligation may exist across the membership of the Councils, the Councils may consider the community service obligation as a group. Cost recovery Orana Joint Organisation applies the principle of full cost recovery to determine the total cost of services. The user-pays principle The User-Pays Principle involves pricing the provision of goods, projects, services and facilities that require the user or the consumer to pay the actual cost of the service provided. The Orana Joint Organisation may apply this pricing policy for the provision of project works and activities to businesses or members of the community. Corporate overheads Orana Joint Organisation corporate overheads are for governance, employment, administration functions and compliance required to deliver on the Strategic Regional Plan and associated Plans of operations. Competitive neutrality Competitive Neutrality is one of the principles of National Competition Policy applied throughout Australia at all levels of Government, including Local Government. Competitive neutrality is based on the concept of a “level playing field” for competitors in a market, be they public or private sector competitors. All Government business organisations should operate without net competitive advantages over businesses as a result of their public ownership. Where Orana Joint Organisation competes in the market place with other private businesses, Orana Joint Organisation will do so on the basis that it does not utilise its public position to gain an unfair advantage over private businesses that may be in competition with Orana Joint Organisation or the Councils. Goods and services tax The Federal Government’s Goods and Services Tax (GST) must be applied to non-exempt fees and charges. The current rate of the GST is 10% and is included in the price paid by the recipient of the service. The GST indicators (GST exempt or not) in the list of fees and charges are subject to change at any time from changes that occur in the GST Act and/or regulations.

    Page 47 of 123September 2019 Orana JO Board Meeting

  • Orana Joint Organisation Statement of Revenue Policy 7 | P a g e

    5. Fees for service Approved fees for service Section 608 of the Local Government Act 1993 provides that the Orana Joint Organisation may charge and recover an approved fee for any service it provides, other than a service provided, or proposed to be provided on an annual basis for which it is authorised or required to make an annual charge under Section 496 or 501 of the Act. Section 609 of the Act provides that when determining the approved fee, the Orana Joint Organisation must take into account the following factors: the cost of the Council providing the service; the price suggested for that service by any relevant industry body or in any schedule of

    charges published, from time to time, by the Office of Local Government; the importance of the service to the community; and any factors specified in the regulations under the Act.

    Credit card surcharge Orana Joint Organisation imposes a Credit Card Surcharge on all payments made via credit card in accordance with Reform of Credit Card Schemes in Australia (iv) and Final Reforms and Regulation Impact Statement August 2002. Private works Orana Joint Organisation may carry out any kind of work that may lawfully be carried out. Private work will be carried out on the basis of a charge representing full cost recovery of the work carried out plus a margin for profit. The profit margin is dependent on and subject to market forces applying at the time.

    Page 48 of 123September 2019 Orana JO Board Meeting

  • ORANA JOINT ORGANISATION ORDINARY MEETING BUSINESS PAPER – 30 SEPTEMBER 2019 REPORTS TO JO – EXECUTIVE OFFICER - PART A (ACTION)

    9.5 DELIVERY PROGRAM PROGRESS REPORT JUNE TO SEPTEMBER 2019

    AUTHOR Executive Officer RESPONSIBLE OFFICER Executive officer LINK TO SSRP Priority 4: A Capable and Collaborative Joint Organisation

    Executive Summary This report provides Orana JO Board with information on the progress of the JO’s Delivery Program actions from June to September 2019.

    Report The Executive Officer ensures that the progress reports on the progress of the Orana JO’s Statement of Strategic Regional Priorities with respect to the principal activities detailed in the Statement of Strategic Regional Priorities 2019-2022.

    The report presents the progress on the JO’s achievements in implanting the Plan, Each item in the Statement of Strategic Regional Priorities is referenced to one of the key priorities.

    These are the principal activities to be undertaken by the JO to implement the objectives established by the Strategic Priorities within the resources available under the budget.

    Notable achievements include: • 2 funding applications submitted in the period.• 1 funding application prepared and ready to submit with OJO Board approval.• NSW Regional Connectivity pilot program.

    Financial Implications

    Budget 2019/2020

    Legal and Regulatory Compliance

    Local Government Amendment (Regional Joint Organisations) Act 2017

    Risk Management Issues

    Compliance with legislative requirements

    Internal/External Consultation

    The JO’s Statement of Strategic Priorities is available on the Orana JO website for public reference.

    Attachments Attachment June to September 2019 Delivery Program Progress Report.

    Page 49 of 123September 2019 Orana JO Board Meeting

  • DELIVERY PROGRAM PROGRESS REPORT JUNE TO SEPTEMBER 2019 cont’d RECOMMENDATION

    That the Delivery Program Progress Report from June to September 2019 be noted.

    Page 50 of 123September 2019 Orana JO Board Meeting

  • DELIVERY PROGRAM PROGRESS REPORT

    July to September 2019

    Page 51 of 123September 2019 Orana JO Board Meeting

  • 1 ORANA JO DELVERY PROGRAM PROGRESS REPORT

    June to September 2019

    Report on Progress

    The Orana JO Executive Officer will report on the progress of the activities undertaken in achieving the Statement of Regional Strategic Priorities of the Orana JO.

    The key accountability reporting points are:

    • 2019/2020 a six monthly performance review of the Executive Officer with the

    Chair Orana JO, on progress in achieving the actions in the Delivery Program; • Annual Performance Statement of the Orana JO(not required in the first year of

    establishment) which is prepared after the end of the financial year, reporting achievements for each year, against the Statement of Strategic Priorities;

    • The Delivery Program should be reviewed annually together with the Statement of Strategic Regional Priorities to ensure the documents reflect the organisation’s direction, as well as progress on the priorities and strategies.

    • The incoming JO must undertake a review of the Statement of Strategic Regional Priorities no later than 12 months after each ordinary local government election.

    Delivery Program

    This is the plan where the Orana JO’s Statement of Strategic Regional Priorities goals are translated into actions.

    These are the principal activities to be undertaken by the JO to implement the objectives established by the Strategic Priorities within the resources available under the budget.

    The Delivery Program is a statement of commitment to the Orana JO region.

    The short term focus for the Orana JO is Priority 1 – A Connected Region, Priority 4 – A capable and collaborative JO and Water (incorporating Orana Water Utilities Alliance).

    This Delivery Plan is designed as the single point of reference for all principle activities undertaken by the JO during 2019-2022 term.

    All plans, projects, activities and funding allocations must be directly linked to this Program.

    Structure

    • One Executive Officer (engaged for 25 hours per week). • Two sponsoring General Managers (Ms Jane Redden, Narromine Shire Council

    and Mr David Neeves, Gilgandra Shire Council). • Administration and HR Support provided via the Service Level Agreement

    currently with Narromine Shire Council.

    Page 52 of 123September 2019 Orana JO Board Meeting

  • 2 ORANA JO DELVERY PROGRAM PROGRESS REPORT

    June to September 2019

    CONTENTS Page

    About the Joint Organisation 3

    Vision & Principles 4

    About the Orana Region 5 - 6

    Connecting Regional Priorities and Plans 7

    Our Strategic Priorities 8

    Priority 1- A connected region 9 - 12

    Priority 2 - A vibrant region 13 - 15

    Priority 3 - An environmentally sustainable region 16 - 18

    Priority 4 - A capable and collaborative Joint Organisation

    19 - 21

    Page 53 of 123September 2019 Orana JO Board Meeting

  • 3 ORANA JO DELVERY PROGRAM PROGRESS REPORT

    June to September 2019

    About the Orana Joint Organisation

    Membership The Orana Joint Organisation (OJO) was proclaimed under the Local Government Act 1993 in May 2018 with the inaugural Orana JO Board meeting held in June 2018 at Gilgandra Shire Council. Membership of the Organisation is voluntary, and current the current membership is made up of:

    • Bogan Shire Council • Gilgandra Shire Council • Narromine Shire Council

    • Mid-Western Shire Council • Warren Shire Council • Warrumbungle Shire Council

    The Orana JO Board comprises the Mayors of the Member Councils (the voting members), as well the NSW Government, represented by a nominee of the Secretary of the Department of Premier and Cabinet, currently the Department of Premier and Cabinet, Director Western Region (a non-voting member) and the General Managers of the Member Councils (also non-voting members). The Board is supported by an Executive Officer.

    Purpose Joint Organisations (JOs) are legal entities established by the NSW Government to work across traditional council boundaries. JOs aim to transform the way that the NSW Government and local councils work together to collaborate, plan, set priorities and deliver projects on a regional scale across the state.

    Role and Function The principle functions of the OJO are to:

    1. Strategic Planning: Establish strategic regional priorities for the Joint Organisation area and to be an advocate for strategic regional priorities.

    2. Leadership and Advocacy: Provide regional leadership for the Joint

    Organisation area and to be an advocate for strategic regional priorities.

    3. Intergovernmental Collaboration: Identify and take up opportunities for intergovernmental cooperation on matters relating to the Joint Organisation area.

    In addition, the OJO will also provide support for the operations of its Member Councils aimed at strengthening local government in the Joint Organisation area.

    Page 54 of 123September 2019 Orana JO Board Meeting

  • 4 ORANA JO DELVERY PROGRAM PROGRESS REPORT

    June to September 2019

    Our Vision – for the Region

    ‘A connected welcoming region, with vibrant communities’

    Our mission – of the Joint Organisation

    ‘To be a leading Joint Organisation known for a high level of achievement, collaborative excellence and strong commitment to the regions communities’

    Our Principles

    Serve the best interests of the region and its communities whilst respecting the operational autonomy of each member council.

    Be owned by and accountable to the Member Councils. Not impose significant red tape cost or risks on Member Councils. Ensure that benefits delivered for the region outweigh any costs and risks. Work collaboratively with other levels of government, other partners and

    stakeholders and our neighbouring Joint Organisations. Support and where possible enable significant regional projects and

    initiatives. Operate the Joint Organisation with good governance and professional

    standards with respectful and considered decision making.

    Page 55 of 123September 2019 Orana JO Board Meeting

  • 5 ORANA JO DELVERY PROGRAM PROGRESS REPORT

    June to September 2019

    Local priorities connecting to regional priorities The analysis of the member Councils Community Strategic Plans showed common local strategic priorities:

    Extract from member councils Community Strategic Plans – Key Priorities

    As part of the development of the plan member councils were interviewed and the following questions were explored:

    • What are the top 3-5 strategic priorities for your Council? • What are the top 3-5 strategic priorities for the region? • What are the challenges and opportunities for the region?

    The results of this survey and interviews confirmed the following regional themes/priorities:

    SOCIAL ECONOMIC ENVIRONMENT Social welfare

    Aboriginal health and well being

    Youth strategies

    Health

    Safety Education

    Population Growth

    Attracting and retaining

    business and industry

    Tourism

    Infrastructure (Inland Rail, Roads and Bridges,)

    Digital connectivity and

    access

    Water Security

    Climate

    Change/Drought

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    Connecting Regional Priorities and Plans

    A CONNECTED REGION A VIBRANT REGION AN ENVIRONMENTALLY SUSTAINABLE REGION

    LINKS TO STATE PLAN AND PRIORITIES Premiers Priorities:

    • Delivering Infrastructure Regional Development Framework:

    • Providing quality services and infrastructure to regional NSW

    • Aligning effort to support regional centres

    • Identifying and activating economic potential

    Central West and Orana Regional Plan:

    • A region with strong

    freight transport and utility infrastructure networks that support economic growth

    Premiers Priorities: • Creating jobs • Protecting our kids • Reducing youth

    homelessness • Making housing more

    affordable • Improving education results • Improving service levels in

    hospitals Regional Development Framework:

    • Providing quality services and infrastructure to regional NSW

    • Identifying and activating economic potential

    Central West and Orana Regional Plan:

    • A growing and diverse regional economy

    • Strong communities and liveable places that cater for the region’s changing population

    Premiers Priorities: • Keeping our

    Environment Clean Regional Development Framework:

    • Providing quality services and infrastructure to regional NSW

    Central West and Orana Regional Plan:

    • A region that

    protects and enhances its productive agricultural land, natural resources and environmental assets

    The Joint Organisation Regional Strategic Priorities align with a number of the NSW State Plan, Premiers priorities and programs and funding opportunities aimed supporting regional growth and sustainability.

    As a collaborative model the JO success will depend on the close relationship and connectedness it has with the other levels of government and service providers in the region.

    Success will come with strong partnerships and collaborative effort.

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    Our Strategic Priorities This plan has been organised around four key themes of:

    • A connected region • A vibrant region • An environmentally sustainable region • A capable and collaborative Joint Organisation

    A range of strategies and actions have been identified for each theme.

    A CONNECTED REGION A VIBRANT REGION AN ENVIRONMENTALLY SUSTAINABLE REGION

    THEMES

    STRATEGIES Infrastructure connectivity for people and freight

    Safe and Healthy communities

    Water Security Waste Management

    Digital connectivity

    Youth and Indigenous employment and Well being

    Adapting to climate events

    A tourism destination Attracting and retaining

    business and industry

    Liveable communities

    How we will achieve our strategic priorities ACTIONS A CAPABLE AND COLLABORATIVE JOINT ORGANISATION ENABLER

    For each theme OUR PARTNERS have been identified. These groups, agencies and stakeholders are essential to achieving the strategies and actions identified by the JO.

    Each theme has also been mapped to the relevant State, Federal or regional plans. As a collaborative model the Joint Organisation success is critical upon working strongly with the partners and tapping into state and regional plans and funding programs with the same objectives.

    Key Priorities 2019-2021 The Orana JO Board identified the following strategies as their highest priority. For each of these strategies a Board Priority Sub-Committee will be formed to focus energy and resources to these priorities. All other strategies will be overseen by the full board. The role of the subcommittees is to be developed early 2019.

    • Improve digital connectivity • Improve infrastructure connectivity • Attract and retain business and industry • Improved employment opportunities for youth and indigenous people • Ensure water security for the region

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    PRIORITY ONE – A CONNECTED REGION The Orana Joint Organisation Region footprint stretches from Mudgee and Coonabarabran in the eastern part of the region to Nyngan on the western edge, covering an area of 56,612 square kilometres and has a population of just over 50,000 and a road network of over 10,750 kms. It is a vast and beautiful part of NSW. Connecting people and freight is essential to the survival and growth of the communities of the Orana region. Safe and reliable road networks, access to rail and air services are economic enablers and for access to health and other essential services in the larger regional centres and beyond.

    Access to local air services is limited, and public transport is not easily accessible. Movement of freight – both into and out of the region – is limited by access to rail services and the quality of some of the road networks.

    Being able to take advantage of the new digital economy and opportunities for business to relocate is constrained by inadequate digital connectivity with reliable, high speed internet access still unavailable to large sections of the region. This has effects on the economic, social and liveability of the communities of the region. Businesses, schools, health care and social service providers all rely on digital connectivity. Regional tourism is seen as an opportunity to showcase the region and wonderful lifestyle – not just for visitors but tree/sea changers wanting to embrace rural lifestyle. Valuable input to the local economies from visitors’ boosts capacity, provides employment opportunities and innovation and ideas.

    OUR PARTNERS LINK TO STATE AND REGIONAL PLANS AND STRATEGIES LHD, Planning, PHN, RMS, NSW Transport, Destination NSW and other relevant agencies Industry and business Central West, Orana and Far West RDA Committees Government agencies, DPC, neighbouring Joint Organisations Service providers Non-Joint Organisation councils Regional Leadership Executive (RLE) State and Federal Members

    NSW State Priorities – ‘better government digital services’ https://www.nsw.gov.au/improving-nsw/premiers-priorities/ NSW Government – A 20 Year Economic Vision for Regional NSW https://www.nsw.gov.au/improving-nsw/regional-nsw/a-20-year- economic-vision-for-regional-nsw/ Regional Development Framework https://www.nsw.gov.au/improving-nsw/regional-nsw/regional- development-framework/ NSW Government – Future Transport Strategy 2056 https://future.transport.nsw.gov.au/ Central West Orana Regional Plan https://www.planning.nsw.gov.au/Plans-for-your-area/Regional- Plans/Central-West-and-Orana

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    https://www.nsw.gov.au/improving-nsw/premiers-priorities/https://www.nsw.gov.au/improving-nsw/regional-nsw/a-20-year-economic-vision-for-regional-nsw/https://www.nsw.gov.au/improving-nsw/regional-nsw/a-20-year-economic-vision-for-regional-nsw/https://www.nsw.gov.au/improving-nsw/regional-nsw/regional-development-framework/https://www.nsw.gov.au/improving-nsw/regional-nsw/regional-development-framework/https://future.transport.nsw.gov.au/https://www.planning.nsw.gov.au/Plans-for-your-area/Regional-Plans/Central-West-and-Oranahttps://www.planning.nsw.gov.au/Plans-for-your-area/Regional-Plans/Central-West-and-Orana

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    STRATEGY ACTIONS FOCUS AREA MEASURE OF SUCCESS 2019 Performance measure Actual

    Improvement in the infrastructure connectivity of people and freight (2019-21 Priority)

    Establish a JO Board Infrastructure subcommittee to oversee and coordinate activities relating to connectivity for transport and freight.

    Strategic Planning and Priority Setting

    A representative committee established and functioning well with all partners

    X

    Infrastructure Subcommittee established in April 2019.

    Infrastructure subcommittee to work with the region’s key stakeholders to develop and implement evidenced based strategies and resourcing plans to improve freight and transport connectivity.

    Strategic Planning and Priority Setting Intergovernmental Collaboration

    A prioritised freight strategy has been developed A transport strategy is developed

    X

    Proactively working with key stakeholders including RMS, Transport for NSW, Connecting Central West Orana Transport Plan, NSW Planning and Environment, ARTC and CSIRO (Inland Rail) Collection and collation of information for OJO alternate freight strategy commenced from member councils. Proactively supporting NSW DPIE - Planning and Environment to develop a key freight network for the entire Western NSW region. To prioritise the delivery of future freight network improvement projects in the Orana JO region and in consultation with neighbouring JOs.

    Advocate and work with governments and transport providers to fund and deliver the agreed infrastructure projects to address connectivity.

    Regional Leadership and Advocacy

    Priority projects funded and delivered JO participation in RLE, regional committees/working groups

    Work with key stakeholders to identify opportunities to deliver investment and infrastructure from the inland rail project.

    Strategic Planning and Priority Setting

    Regional Leadership and Advocacy

    JO participation in regional committees/working groups

    Improvement in digital connectivity services and access (2019-21 Priority)

    Establish a JO Board Digital subcommittee to oversee and coordinate activities relating to digital connectivity

    Strategic Planning and Priority Setting

    Representative committee established and functioning well with all partners

    X OJO subcommittee convened late July 2019.

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    Digital subcommittee to work