Ordinary Council: Agenda

26 May 2020 Page 6

Declaration of Interest (Notes for Your Guidance)

A member who has a Financial Interest in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest:

a) In a written notice given to the Chief Executive Officers before the Meeting or;

b) At the Meeting, immediately before the matter is discussed.

A member, who makes a disclosure in respect to an interest, must not:

c) Preside at the part of the Meeting, relation to the matter or;

d) Participate in, or be present during any discussion or decision-making procedure relative to the matter, unless to the extent that the disclosing member is allowed to do so under Section 5.68 or Section 5.69 of the Local Government Act 1995.

Notes on Financial Interest (For your Guidance)

The following notes are a basic guide for Councillors when they are considering whether they have a Financial Interest in a matter.

1. A Financial Interest requiring disclosure occurs when a Council decision might advantageously or detrimentally affect the Councillor or a person closely associated with the Councillor and is capable of being measured in money terms. There are expectations in the Local Government Act 1995 but they should not be relied on without advice, unless the situation is very clear.

2. If a Councillor is a member of an Association (which is a Body Corporate) with not less than 10 members i.e sporting, social, religious ect, and the Councillor is not a holder of office of profit or a guarantor, and has not leased land to or from the club, i.e, if the Councillor is an ordinary member of the Association, the Councillor has a common and not a financial interest in any matter to that Association.

3. If an interest is shared in common with a significant number of electors and ratepayers, then the obligation to disclose that interest does not arise. Each case need to be considered.

4. If in doubt declare.

5. As stated in (b) above, if written notice disclosing the interest has not been given to the Chief Executive Officer before the meeting, then it must be given when the matter arises in the Agenda, and immediately before the matter is discussed.

6. Ordinarily the disclosing Councillor must leave the meeting room before discussion commences. The only exceptions are:

6.1 Where the Councillor discloses the extent of the interest, and Council carries a motion under s.5.68(1)(b)(ii) of the Local Government Act; or

6.2 Where the Minister allows the Councillor to participate under s.5.69(3) of the Local Government Act, with or without conditions.

Interests Affecting Proximity

1) For the purposes of this subdivision, a person has a proximity interest in a matter if the matter concerns;

a) a proposed change to a planning scheme affecting land that adjoins the person’s land;

b) a proposed change to the zoning or use of land that adjoins the person’s land; or

c) a proposed development (as defined in section 5.63(5)) of land that adjoins the person’s land.

2) In this section, land (the proposal land) adjoins a person’s land if;

a) The proposal land, not being a thoroughfare, has a common boundary with the person’s land;

b) The proposal land, or any part of it, is directly across a thoroughfare from, the person’s land; or

c) The proposal land is that part of a thoroughfare that has a common boundary with the person’s land.

3) In this section a reference to a person’s land is a reference to any land owned by the person or in which the person has any estate or interest.

Interests Affecting Impartiality

Definition: An interest that would give rise to a reasonable belief that the impartiality of the person having the interest would be adversely affected, but does not include an interest as referred to in Section 5.60 of the ‘Act’.

A member who has an Interest Affecting Impartiality in any matter to be discussed at a Council or Committee Meeting, which will be attended by the member, must disclose the nature of the interest;

a) In a written notice given to the Chief Executive Officers before the Meeting or;

b) At the Meeting, immediately before the matter is discussed.

Impact of an Impartiality Closure

There are very different outcomes resulting from disclosing an interest affecting impartiality compared to that of a financial interest. With the declaration of a financial interest, an elected member leaves the room and does not vote.

With the declaration of this new type of interest, the elected member stays in the room, participates in the debate and votes. In effect then, following disclosure of an interest affecting impartiality, the member’s involvement in the Meeting continues as if no interest existed.

THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK

Ordinary Council: Agenda

26 May 2020 Page 9

SHIRE OF ESPERANCE

AGENDA

Ordinary Council Meeting
TO BE HELD by electronic means ON 26 May 2020

COMMENCING AT 4pm

1. OFFICIAL OPENING

2. ATTENDANCE

Members

Cr I Mickel President Rural Ward

Cr B Parker Deputy President Rural Ward

Cr J O’Donnell Town Ward

Cr S McMullen Town Ward

Cr S Payne Town Ward

Cr J Obourne Town Ward

Cr R Chambers Town Ward

Cr D Piercey, JP Town Ward

Cr W Graham Rural Ward

Shire Officers

Mr W M (Matthew) Scott Chief Executive Officer

Mr S Burge Director Corporate Resources

Mr M Walker Director Asset Management

Mr R Hindley Acting Director External Services

Miss A McArthur Administration Officer - Executive Services

Members of the Public & Press

3. APOLOGIES & NOTIFICATION OF GRANTED LEAVE OF ABSENCE

Mr T Sargent Director External Services Annual Leave

4. APPLICATIONS FOR LEAVE OF ABSENCE

5. ANNOUNCEMENTS BY THE PERSON PRESIDING WITHOUT DISCUSSION

6. DECLARATION OF MEMBERS INTERESTS

6.1 Declarations of Financial Interests – Local Government Act Section 5.60a

6.2 Declarations of Proximity Interests – Local Government Act Section 5.60b

6.3 Declarations of Impartiality Interests – Admin Regulations Section 34c

7. PUBLIC QUESTION TIME

QUESTIONS TAKEN ON NOTICE – APRIL ORDINARY COUNCIL MEETING

Asked by Mr D Eltringham

Answered by Mr M Scott – Chief Executive Officer

Further to your questions were either taken on notice or responded to at the April 2020 Ordinary Council Meeting (OCM), please see below the Shire’s response (in Italics) to your queries, which have been included in the unconfirmed minutes (questions responded to during the meeting) or the May 2020 OCM Agenda.

Question 1

N.B. Given the Historical value of the fabric, you cannot overlook the random dispersal of any of the timbers by either Crossview or ESC. It should be catalogued/recorded and accounted for, after all, why is ESC paying for a Heritage Watch Brief when it was to be the Contractor’s responsibility until transferred to the Shire’s storage in the RFT Scope of Works 3.1.11?

Response (to be included in May 2020 OCM Agenda)

The Shire does not believe there has been a random dispersal of any of the timbers; however this is now under investigation by an investigative committee made up Councillors. We are unable to make any further comment until this investigation is complete.

The Heritage Watch Brief being undertaking by H+H Architects does not include cataloguing, recording or accounting for the timber from the deconstruction of the Esperance Tanker Jetty. This is not a requirement of the Heritage Council of Western Australia. Different grades of timber are being stockpiled and stored in different locations, with Grade 4 timber has been transferred to Esperance Men in Sheds and some of the Grade 3 timber has been distributed as per recent Council decisions.

Question 2

How does the project manager and the CEO explain that the remaining deconstruction of the jetty will not involve yet another variation? When esc awarded a tender to maritime constructions (1st October 2019), just days after the contract was signed by Crossview (19^th September 2019), did this involve some level of negotiation between all three parties?

Given the delay of 4 weeks without progress on the deconstruction, it would be reasonable to suggest that maritime will complete the deconstruction instead of Crossview. Please clarify.

Response (included in the April 2020 OCM unconfirmed Minutes)

Mr Scott stated that it was agreed by the Shire and the two contractors that construction could commence while deconstruction was still occurring as the contractors would be working on opposite ends of the Jetty.

Mr Walker added that the two contractors have had discussions and they are both happy for the two projects to overlap.

Cr Mickel questioned when this was agreed.

Mr Walker explained that it was agreed during the Start Up Meeting in November 2019.

I trust this answers your queries.

QUESTIONS TAKEN ON NOTICE – APRIL ORDINARY COUNCIL MEETING

Asked by Mr R Smoker

Answered by Mr M Scott – Chief Executive Officer

Further to your questions were either taken on at the April 2020 Ordinary Council Meeting (OCM), please see below the Shire’s response (in Italics) to your queries, which will be included in the May 2020 OCM Agenda.

In the 2016 document Request for Tender: Demolition of Esperance Tanker Jetty, on page 6 of Scope of Work and Specification, under the sub-heading “2.2.2 Demolition Work”, the following requirement is listed as a bullet-point:

· Clearance of all loose debris from the sea bed in the immediate vicinity of the Jetty footprint.

On page 51 of Ordinary Council Agenda, 28 May 2019, “Item 12.2.2, Tanker Jetty Deconstruction Methodology”, under the sub-heading “Background”, the following statement is printed:

The Shire’s lawyers have confirmed that there is still a valid contract and there is no need to re-tender the works.

This page also notes attachments A, B, C, D, and E which I was unable to obtain.

On page 9 of Ordinary Council: Minutes, 17 December 2019, you responded to a question from Dr Nieukerke with the following statement:

Mr Scott added that anything that falls onto the ocean flow (sic) will remain there as stated in the deconstruction methodology.

This statement conflicts with the bullet-point above, from the 2016 Request for Tender document.

My questions are:

Question 1

Was this requirement deleted prior to the Demolition Contract executed on 3 September 2019?

Question 2

If so, was this amendment included in any of the attachments from Ordinary Council Agenda 28 May 2019?

Question 3

For archival reasons, is it possible to obtain any, or all, of the attachments?

Response – Questions 1, 2 & 3 (Provided at the meeting and included in the unconfirmed minutes)

Mr Scott responded that the original tender was released and awarded in the middle of 2016. Due to the stop works order, no deconstruction could occur. Mr Scott added that in early 2019 the methodology was approved on by the Heritage Council of WA, this methodology included that if materials were to land on the seabed they would remain there. Mr Scott added that the contract does state they have to meet all approval requirements.

Mr Walker added that the methodology proposed to leave fallen jetty material on the seafloor to minimise risk.

Cr Mickel questioned if the Shire could provide evidence of this when the administration responds to Mr Smoker.

Mr Scott responded that will not be an issue. – see additional response

Cr Mickel took this question(s) on notice. A response will be given to Mr Smoker and will be published in the May Ordinary Council Meeting Agenda.

Additional Response – Questions 1,2 & 3 (to be included in the May 2020 OCM Agenda)

At the 28 May 2019 OCM, item 12.2.2 Tanker Jetty Deconstruction Methodology had a number of attachments, a number marked confidential:

A.	Legal Advice - Demolition Tender – Confidential
B ⇩.	Correspondence - Heritage Council - Final Concept Design
C .	Crossview Enterprises - Deconstruction Methodology – Confidential
D .	Heritage Impact Statement - Deconstruction Methodology – Confidential
E ⇩.	Correspondence - Heritage Council - Deconstruction Methodology
F .	H+H Architects - Watching Brief Fee Estimate – Confidential

Confidential attachments are unable to be released to public, without generally the consent of the author (FOI requirements) and/or a decision of Council (Local Government (Rules of Conduct) Regulations 2007, regulation 6 – Use of Information). Please note attachments B & E were published in the agenda and are still available to seen at: https://infocouncil.esperance.wa.gov.au/Infocouncil/Open/2019/05/ORD_28052019_AGN_AT_WEB.htm.

8. PUBLIC ADDRESSES / DEPUTATIONS

9. Petitions

Nil

10. CONFIRMATION OF MINUTES

That the Minutes of the Ordinary Council Meeting of the 28 April 2020, and the Special Council Meeting of the 12 May 2020 be confirmed as true and correct records.

Voting Requirement Simple Majority

11. DELEGATES’ REPORTS WITHOUT DISCUSSION

Councillor Attendance

	Agenda Briefing Sessions (7)	Ordinary Council Meetings (7)	Special Council Meetings (2)	Annual Electors Meeting (1)
Shire President Cr Ian Mickel	7	7	2	1
Deputy President Cr Basil Parker	7	7	2	1
Cr Jo O’Donnell	7	7	2	1
Cr Steve McMullen	7	7	2	1
Cr Shelley Payne	7	7	2	1
Cr Jennifer Obourne	6	7	2	1
Cr Ron Chambers	6	7	2	1
Cr Dale Piercey	6	7	2	1
Cr Wes Graham	7	7	2	1

12. MATTERS REQUIRING A DETERMINATION OF COUNCIL

12.1 External Services

Item: 12.1.1

Development Application - Ancillary Accommodation and Outbuilding (Shed)

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Richard Hindley	Acting Director External Services

File Ref: D20/10092

Applicant

P & V Griffiths

Location/Address

Lot 106 (34) Milner Street, Sinclair

Executive Summary

For Council to consider Development Application 10.2020.4311.1 for Ancillary Accommodation and an Outbuilding (Shed) at Lot 106 (34) Milner Street, Sinclair.

Recommendation in Brief

That Council refuse Development Application 10.2020.4311.1 for Ancillary Accommodation and an Outbuilding (Shed) at Lot 106 (34) Milner Street, Sinclair.

Background

Development Application 10.2020.4311.1 for Ancillary Accommodation and an Outbuilding (Shed) at Lot 106 (34) Milner Street, Sinclair was received by Planning Services on 16 March 2020.

The application was subsequently referred to adjoining landowners with no objections were received.

Due to the design requiring access from what was at the time believed to be a public access way at the rear of the property, the application was referred to Shire of Esperance Asset Management Division whereby it was identified that what was thought to be a public access way was actually private land and that Asset Management could not grant permission for access or to construct a driveway.

That the laneway was actually private land (known as Lot 166 Parsons Street) had been identified as private land by research into what was required to remove sand from nearby properties between Oceans, Parsons and Johns Streets.

Officer’s Comment

With no objections from an adjoining landowner in regards to minor variations to setbacks, the only issue is with access arrangements. As the land to the rear of the property is actually private property, Planning Officers cannot approve the development while access is proposed through another person’s property. If the applicant were to adjust the plans so that access was obtained from Milner Street, Development Approval could be granted under delegated authority.

When this was raised with Mr Griffiths via phone, Mr Griffiths requested that the development application be sent to Council for determination as he wishes to access the property from the rear through Lot 166 Parsons Street.

Consultation

The application was referred to an adjoining landowner for minor setback variations between 23 March 2020 and 6 April 2020. No objections were received.

Financial Implications

Application fees totalling $480.00 were received as part of this application.

Asset Management Implications

There is no implication for Shire Assets. However what appears on a number of Shire records (including the Shire Cadastre Layer) as a Public Access Way at the rear of 34 Milner Street has been identified as Private Property known as Lot 166 Parsons Street. There is also a sewer easement for the Water Corporation running through Lot 166 Parsons Street.

Statutory Implications

The statutory implications arising from this report are:

· Planning and Development Act 2005

· Local Planning Scheme No. 24

· Planning and Development (Local Planning Schemes) Regulations 2015

Policy Implications

Local Planning Policies are guidelines used to assist the local government in making decisions under the Local Planning Scheme and may address land use as well as development requirements. Although Local Planning Policies are not part of the Local Planning Scheme they must be consistent with, and cannot vary, the intent of the Local Planning Scheme provisions. In considering an application for Planning Approval, the local government must have regard to a Local Planning Policy as required under Schedule 2 of the Planning and Development (Local Planning Schemes) Regulations 2015.

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

Facilitate and guide high quality, compliant and efficient building and development across the Shire

Environmental Considerations

Nil

Attachments

a ⇩.

Plans

Officer’s Recommendation

That Council refuse Development Application 10.2020.4311.1 for Ancillary Accommodation and an Outbuilding (Shed) at Lot 106 (34) Milner Street, Sinclair on the following grounds:

1) Access to the development cannot be permitted through Lot 166 Parsons Street.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2020 Page 19

Item: 12.1.2

Local Planning Scheme No. 24 - Amendment No. 6

Author/s	Peter Wilks	Senior Planning Officer
Authorisor/s	Richard Hindley	Acting Director External Services

File Ref: D20/10424

Applicant

Harley Dykstra on behalf of J R Bestall

Location/Address

Lot 205 (1692) Orleans Bay Road

Executive Summary

For Council to consider initiating Amendment 6 to Local Planning Scheme No. 24 to amend the Scheme by amending Special Use 3 provisions pertaining to Lot 205 (1692) Orleans Bay Road, Condingup.

Recommendation in Brief

That Council:

1. Amend Local Planning Scheme No. 24 in pursuance of Section 75 of the Planning and Development Act 2005.

2. Determining that the amendment is “standard” under the provisions of regulation 35.(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):

“… (c) an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission…” and;

“… (g) any other amendment that is not a complex or basic amendment…”

3. Refer Amendment 6 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

Background

Notice of Final Approval of the Shire of Esperance Local Planning Scheme No. 24 (‘the Scheme’) was published in the Government Gazette on 2 August 2017. Like any such document it is subjected to statutory review and review by Council as circumstances dictate.

The proposed modifications are as follows:

1) Amending Schedule 5 – Special Use Zone 3 (SU3) by replacing the description of land with ‘Lot(s) 203, 204, 205 and 206 Orleans Bay Road, Condingup;

2) Amending Schedule 5 – Special Use Zone 3 (SU3) by inserting under Special Use ‘Caravan Park’ as a ‘D’ use;

3) Amending Schedule 5 – Special Use Zone 3 (SU3) by amending subclause b)i) under conditions by replacing ‘dated April 2008’ with ‘Plan No. 22070-01’; and

4) Amending Schedule 5 – Special Use Zone 3 (SU3) by inserting under Conditions a new subclause under H) as follows:

iii) ‘The strata titling of a caravan park is not permitted’.

The proposed amendment is consistent with the Local Planning Strategy.

Officer’s Comment

The following is a summary of the points contained with the amendment document and for the sake of clarity, should be read with Attachment A.

Amending Schedule 5 – Special Use Zone 3 (SU3) by replacing the description of land with ‘Lot(s) 203, 204, 205 and 206 Orleans Bay Road, Condingup;

This amendment updates the addresses of the properties affected by SU3, with the current provision referring to portions of Lot 322 Orleans Bay Road which is no longer current.

Amending Schedule 5 – Special Use Zone 3 (SU3) by inserting under Special Use ‘Caravan Park’ as a ‘D’ use;

This amendment calls for an additional land use to be available under the SU3 zone.

Amending Schedule 5 – Special Use Zone 3 (SU3) by amending subclause b)i) under conditions by replacing ‘dated April 2008’ with ‘Plan No. 22070-01’; and

This amendment updates the development guide plans for the property.

Amending Schedule 5 – Special Use Zone 3 (SU3) by inserting under Conditions a new subclause under H) as follows:

iii) ‘The strata titling of a caravan park is not permitted’.

This amendment applies a limitation to development of the Caravan Park to prevent future strata subdivision of any caravan park constructed on the property.

The proposal is consistent with the Shire of Esperance Local Planning Strategy.

Consultation

A 42 day advertising period applies for amendment which will commence upon receipt of comments from the EPA.

Financial Implications

Fees of $7,000 have been paid in relation to this application. If any fees are unexpended at the time the amendment is Gazetted the unexpended fees are returned to the applicant.

Asset Management Implications

Nil

Statutory Implications

Planning and Development Act 2005

Planning and Development (Local Planning Schemes) Regulations 2015

Local Planning Scheme No. 24

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

New developments enhance the existing built environment

Facilitate and guide high quality, compliant and efficient building and development across the Shire

Environmental Considerations

Nil

Attachments

a ⇨.

Amendment Document - Under Separate Cover

Officer’s Recommendation

That Council:

1. That Council In pursuance of Section 75 of the Planning and Development Act 2005 amend Local Planning Scheme No. 24 by:

a. Amending Schedule 5 – Special Use Zone 3 (SU3) by replacing the description of land with ‘Lot(s) 203, 204, 205 and 206 Orleans Bay Road, Condingup;

b. Amending Schedule 5 – Special Use Zone 3 (SU3) by inserting under Special Use ‘Caravan Park’ as a ‘D’ use;

c. Amending Schedule 5 – Special Use Zone 3 (SU3) by amending subclause b)i) under conditions by replacing ‘dated April 2008’ with ‘Plan No. 22070-01’; and

d. Amending Schedule 5 – Special Use Zone 3 (SU3) by inserting under Conditions a new subclause under H) as follows:

i. ‘The strata titling of a caravan park is not permitted’.

2. Determine that the amendment is standard under the provisions of regulation 35.(2) of the Planning and Development (Local Planning Schemes) Regulations 2015 for the following reason(s):

(b) an amendment that is consistent with a local planning strategy for the scheme that has been endorsed by the Commission;

(g) any other amendment that is not a complex or basic amendment.

3. Refer Amendment 6 to the EPA under Section 81 of the Planning and Development Act 2005 and resolve to proceed to advertising of the amendment for public inspection after referral to the EPA.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2020 Page 23

Item: 12.1.3

Reserve 13486 (Mt Ridley) - Surrender of Management Order

Author/s	Richard Hindley	Acting Director External Services
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D20/10979

Applicant

Shire of Esperance

Location/Address

Reserve 13486

Executive Summary

For Council to consider surrendering the Management Orders for Reserve 13486.

Recommendation in Brief

That Council request the Hon. Minister for Lands to revoke the Shire of Esperance’s Management Orders for Reserve 13486 and confirm that the Shire of Esperance will not be seeking any compensation in this matter.

Background

Reserve 13486 is jointly managed between the Shire of Esperance and the Mt Ridley Association. The Mt Ridley Association is now defunct and as a result consultations have been had with the Department of Planning, Lands and Heritage to determine how to deal with the management of this reserve. The Department advised that the Shire of Esperance should request that the Management Orders with the Shire of Esperance are revoked by the Minister and state that it will not be seeking any compensation.

The Department of Planning, Lands and Heritage have also met with and advised ENAC to surrender their Management of Reserve 13486 advising the Department that they will not be seeking compensation.

Officer’s Comment

Surrendering the Management Orders of Reserve 13486 will resolve the current issues with the Management of the Reserve.

The Department of Planning, Lands and Heritage could reassign the Management Orders to another party. It should be noted that Esperance Tjaltjraak Native Title Aboriginal Corporation hold non-excusive Native Title over Reserve 13486.

Consultation

Department of Planning, Lands and Heritage

Financial Implications

Nil

Asset Management Implications

N/A

Statutory Implications

Land Administration Act 1997

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2017 - 2027

Natural Environment

A community that works together as custodians of a pristine environment

Maintain and improve condition of natural assets and reserves sustainably, taking into consideration recreational, environmental, cultural and economic values

Reconciliation Action Plan, Reflect - Aug 2019 - Aug 2020

Negotiate land access, heritage protection, joint management agreement with Native Title Holders

Consider joint management opportunities with Traditional Owners for culturally sensitive areas.

Environmental Considerations

N/A

Attachments

a ⇩.

Correspondence with ENAC Regarding Mt Ridley Association

Officer’s Recommendation

That Council request the Hon. Minister for Lands to revoke the Shire of Esperance’s Management Orders for Reserve 13486 and confirm that the Shire of Esperance will not be seeking any compensation in this matter.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2020 Page 28

12.2 Asset Management

Item: 12.2.1

Streetscape Advisory Committee

Author/s	Mathew Walker	Director Asset Management
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D20/11018

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider the Terms of Reference for a Streetscape Advisory Committee.

Recommendation in Brief

That Council:

1. Adopt the Terms of Reference for the Streetscape Advisory Committee; and

2. Request the CEO to advertise for membership to the Streetscape Advisory Committee.

Background

At the Annual Electors Meeting on the 4^th February 2020 the following motion was resolved:

Motion 1

Moved: Mrs A Vincent

Seconded: Mrs V Brown

That the Shire of Esperance explores the forming of a Streetscape Committee.

This was subsequently considered by Council at the February 2020 Ordinary Council Meeting with the following motion resolved:

O0220-053

Council Resolution - Motion 1

That Council:

1. Note Motion 1 from the Annual Meeting of Electors (February 2020);

2. Request the CEO investigate forming a Streetscape Committee; and

3. Instruct the CEO to advise the Mover and Seconder of the Motion of Council’s resolution.

Council also resolved the following motion at the April 2020 Council Meeting:

O0420-115

Council Resolution

That Council:

1. Request the CEO to draft a Terms of Reference for the Streetscape Committee.

2. Call for expressions of interest for a streetscape committee.

Officer’s Comment

Officers have developed a draft Terms of Reference for a Streetscape Advisory Committee included in attachment A for Council to now consider.

Consultation

Manager Parks and Environment

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

Establishing a Committee of Council is legislated under the Local Government Act 1995, Part 5, Division 2, and Subdivision 2.

Policy Implications

N/A

Strategic Implications

Strategic Community Plan 2017 - 2027

Built Environment

Active, attractive and affordable town which the community is proud of

Create a vibrant, modern and safe built environment that reflects the community's identity

Corporate Business Plan 2019/20 – 2022/23

B5.4 Manage Parks & Environment

Environmental Considerations

Nil

Attachments

a ⇩.

Streetscape Advisory Committee - Draft Terms of Reference

Officer’s Recommendation

That Council:

1. Adopt the Terms of Reference for the Streetscape Advisory Committee; and

2. Request the CEO to advertise for membership to the Streetscape Advisory Committee.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

26 May 2020 Page 78

Item: 12.3.2

Committee Appointments - Community Representatives

Author/s	Mary Bidstrup	Governance and Corporate Support Officer
Authorisor/s	Sarah Walsh	Coordinator Governance & Corporate Support

File Ref: D20/10690

Applicant

Mrs Christeen Lewis

Location/Address

N/A

Executive Summary

For Council to consider appointing Community Representatives to fill vacancies on Council Committees.

Recommendation in Brief

That Council appoint a Community Representative to the Scaddan Restoration Reference Group.

Background

Under the Local Government Act s.5.11 Committee Membership expires on the Ordinary Election Day of Council which occurs biennially. Following the Ordinary Elections in October 2019 all positions on Council Committees were vacant. At the Ordinary Council Meeting held on 16 November 2019, Council appointed Elected Members to Committees and resolved to advertise for expressions of interest to fill the Community positions on all Council Committees.

Community members that served on Council Committees during 2019 were contacted and thanked for their contribution to the Committees. A nomination form was included with information about re-nominating. Initially a nomination period was open for the Community positions between Thursday, 5 December 2019 and Wednesday, 8 January 2020, with ten (10) nominations received and 35 Community positions available. Following the appointment of these Community representatives it was decided to undertake a second nomination period. This nomination period opened on Friday, 7 February 2020 and closed on Wednesday, 4 March 2020.

Advertising included a notice in the Esperance Express, on noticeboards, a news story on the Shire website and posts on the Shire’s Social Media accounts.

Officer’s Comment

Very few nominations for Community Representatives to Council Committees are being received due to preoccupation with COVID-19 issues.

It is recommended that Council appoint Mrs Christeen Lewis’ nomination as a Community Representative to the Scaddan Restoration Reference Group.

The table below outlines the available community positions following the recommended appointments.

Committee	Vacancies
Esperance Twin Towns Committee	1 Community Representative
Scaddan Restoration Reference Group	2 Community Representatives
Esperance Visitor Centre Management Committee	1 Community Representative and 1 Deputy Community Representative
New Landfill Community Reference Group	4 Community Representative
Reconciliation Action Plan Working Group	To be determined - 2 places filled
Youth Advisory Council	12 Community Representatives

There are a number of Community Representative positions still available, however it is not recommended to undertake further advertising. Instead we can receive applications from interested Community members and present them to Council on an adhoc basis.

Consultation

Nil

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

Local Government Act 1995 s5.10

Policy Implications

Shire of Esperance Terms of Reference

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

An organisational and community culture that encourages innovation and embraces change

Proactively lead the community through innovation and change

Corporate Business Plan 2019/20 – 2022/23

Facilitate Councillors requirements to represent the community

Environmental Considerations

Nil

Attachments

a ⇩.

Scaddan Restoration Reference Group

Officer’s Recommendation

That Council agrees to;

1. Appoint Mrs Christeen Lewis as Community Representative to the Scaddan Restoration Reference Group.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

26 May 2020 Page 81

Item: 12.3.3

Committee Appointments - External Representation

Author/s	Mary Bidstrup	Governance and Corporate Support Officer
Authorisor/s	Sarah Walsh	Coordinator Governance & Corporate Support

File Ref: D20/10966

Applicant

N/A

Location/Address

N/A

Executive Summary

To appoint External Organisational Representatives to Council Committees to fill vacancies.

Recommendation in Brief

That Council appoint External Organisational Representatives to Council Committees to fill vacancies.

Background

Under the Local Government Act s.5.11 Committee Membership expires on the Ordinary Election Day of Council which occurs biennially. Following the Ordinary Elections in October 2019 all positions on Council Committees were vacant. At the Ordinary Council Meeting held on 16 November 2019, Council appointed Elected Members to Committees and resolved to contact identified organisations for representatives.

Since January 2020 Council has appointed a number of Organisational representatives to Council Committees, however a number of positions remained vacant.

Officer’s Comment

Following the November Ordinary Council Meeting, a request was sent to all organisations asking for representatives to be nominated. These new representatives will ensure adequate representations from relevant organisations on the Council Committees.

Since the appointments made in April, six organisations have responded to the request for a representative. It is being recommended that these representatives be appointed by Council to allow them the ability to represent their organisation on the respective committees.

Janett Archer, appointed by Council in the meeting held March 2020 as a Community Representative for the New Landfill Community Reference Group, has requested that her appointment be as the Representative for Local Environmental Action Forum, and so it is recommended that Council amend Janett Archer’s committee appointment accordingly.

The below table outlines all the organisations that will have vacant positions on Council Committees following the recommended appointments.

Committee	Organisation
Bush Fire Advisory Committee	Bush Fire Brigades
Museum Management Reference Committee	Museum Volunteer (Deputy)
Esperance Twin Towns Committee	Esperance Senior High School (Deputy) Esperance Lions Club (Deputy)
Scaddan Restoration Reference Group	Scaddan Bush Fire Brigade x2 Scaddan Golf Club x1 Scaddan Country Club x2 Scaddan Bowling Club x2 Scaddan Primary School Parents & Citizens x2
Esperance Visitor Centre Management Committee	Tourism Esperance x3
Esperance Roadwise Committee	Department of Education (Deputy) St John Ambulance (Deputy)
Reconciliation Action Plan Working Group	Ngadju Native Title Aboriginal Corporation x1

Consultation

Nil

Financial Implications

N/A

Asset Management Implications

N/A

Statutory Implications

Local Government Act 1995 – s5.10

Policy Implications

Terms of Reference – Council Committees

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

Support for all leadership roles in our community

Encourage shared responsibility through an informed and inspired community

Corporate Business Plan 2019/20 – 2022/23

L3.1 Facilitate Councillors requirements to represent the community

Environmental Considerations

N/A

Attachments

a ⇩.	Bush Fire Advisory Committee Nomination
b ⇩.	Greater Sports Ground Redevelopment Committee Nominations
c ⇩.	New Landfill Community Reference Group Nominations
d ⇩.	Reconciliation Action Plan Working Group Nomination
e ⇩.	Scaddan Restoration Reference Group Nomination

Officer’s Recommendation

That Council agrees to;

1. Remove Janett Archer as a Community Representative on the New Landfill Community Reference Group;

2. Appoint Organisational Representatives as members of Council Committees as per the following table;

Committee	Organisation	Representative
Greater Sports Ground Redevelopment Committee	Esperance Districts Agricultural Society	Graham Cooper
Scaddan Restoration Reference Group	Scaddan Golf Club	Brad Lewis
New Landfill Community Reference Group	South Coast NRM Local Environmental Action Forum	David Broadhurst Janett Archer
Reconciliation Action Plan Working Group	Ngadju Native Title Aboriginal Corporation	Yvonne Green

3. Appoint Deputy Organisational Representatives as members of Council Committees as per the following table;

Committee

Organisation

Deputy Representative

Greater Sports Ground Redevelopment Committee

Esperance Districts Agricultural Society

David Pengilly

New Landfill Community Reference Group

South Coast NRM

Local Environmental Action Forum

Justin Bellanger

Joeleen Wilson

4. Appoint ex-officio (non voting) members of Council Committees as per the following table;

Committee	Organisation	Ex-officio member
New Landfill Community Reference Group	Department of Biodiversity, Conservation & Attractions	Stephen Butler
Bush Fire Advisory Committee	Department of Biodiversity, Conservation & Attractions	Dave Turnbull

Voting Requirement Absolute Majority

Ordinary Council: Agenda

26 May 2020 Page 101

Item: 12.3.5

Lease Renewal - Esperance Cycling Club

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D20/10941

Applicant

Esperance Cycling Club

Location/Address

Portion of Reserve 27626, Lot 64 Thompson Street West Beach.

Executive Summary

For Council to consider renewing the lease over portion of Reserve 27626 Lot 64 Thompson Street West Beach to the Esperance Cycling Club.

Recommendation in Brief

That Council agrees to renew the lease over portion of Reserve 27626 Lot 64 Thompson Street West Beach to the Esperance Cycling Club.

Background

The Esperance Cycling Club was a newly formed group when they began leasing this area in 2014.

During their tenure the Club has cleared the regrowth that occurred following the departure of the Department of Defence from the area and restored and maintained the area to a safe and useable standard. This includes the velodrome surface which had begun to deteriorate due to its age prior to the club leasing the area.

The Club has secured federal sports grant funding to upgrade the velodrome and are in discussions with the Shire’s Asset Management team determine the best way forward, although this project has been put on hold due the COVID-19 pandemic.

Events are currently unable to be held on site due to the condition of the velodrome.

The Club currently has approximately 30 members with growing community interest, however they have been unable to meet recently due to COVID-19 restrictions.

Officer’s Comment

Throughout the Cycling Club’s tenure, there have been no issues raised in regard to the Club’s use of the area and offered their support to the Esperance Bay Remote Control Car Club when they expressed their interest in leasing the area adjacent to the Cycling Club’s lease area.

The club is required to provide portable ablutions for any events it holds as there is not a permanent ablution block on the site.

Discussion with relevant Officers has determined that there are no issues which would prevent the proposal from being approved at the site.

Consultation

Esperance Cycling Club

Coordinator Environmental Health

Manager Strategic Planning and Land Projects

Manager Parks and Environment

Financial Implications

Lease preparation fee $130 Inc GST

Annual lease fee $110 Inc GST

Asset Management Implications

Nil

Statutory Implications

Land Administration Act 1997 – Section 18 Crown land transactions that need Minister’s approval

Local Government Act 1995 – Section 9.49A Execution of Documents

Local Government (Functions and General) Regulations 1996 – Section 30(2)(e) Dispositions of property excluded from Act s.3.58

Policy Implications

COR004 Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A variety of accessible sport and recreation opportunities and activities

Develop and promote active and passive sport and recreation opportunities for all ages and abilities

Corporate Business Plan 2019/20 – 2022/23

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

a ⇩.

Cycling Club Renewal Request

Officer’s Recommendation

That Council, subject to Department of Lands approval, agrees to;

1. Lease portion of Reserve 27626, Lot 64 Thompson Street West Beach to the Esperance Cycling Club;

2. The term of the lease being 12 months;

3. The annual lease fee being $110.00 Inc GST;

4. A lease preparation fee of $130.00 Inc GST; and

5. The club ensuring appropriate ablution facilities are made available for events held at the site.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2020 Page 106

Item: 12.3.6

Annual Review of the Delegated Authority Register 2020/2021

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D20/10945

Applicant

Internal

Location/Address

Shire of Esperance

Executive Summary

For Council to review its delegations to the Chief Executive Officer and Authorised Persons in accordance with the requirements of Section 5.46(2) of the Local Government Act 1995.

Recommendation in Brief

That Council endorse the Delegated Authority Register 2020/2021.

Background

Section 5.42 of the Local Government Act 1995 (the Act) provides authority to a local government to delegate to the CEO any of its powers or the discharge of any of its duties under the Act other than those referred to in section 5.43.

Section 5.46(2) requires that at least once every financial year, delegations are to be reviewed by the delegator. Council last reviewed its delegations at the Ordinary Council Meeting 25 June 2019 (Resolution No. O0619-120), and therefore a formal review by Council is now required.

A full copy of the proposed Delegated Authority Register 2020/2021 is attached for the information of Elected Members (Attachment A).

Officer’s Comment

Whilst section 5.46(2) of the Act requires delegations to be formally reviewed annually, this does not preclude local governments from amending or enabling new delegations on an ad-hoc basis as required throughout the year. During the course of the 2019/2020 financial year the following amendments were made to the register after the full review was completed.

August 2019: Added delegations:

13.1 – Appointment of Authorised Officers (Caravan Parks and Camping Grounds Act 1995)

13.2 – Managing Infringement Notices (Caravan Parks and Camping Grounds Act 1995)

14.1 – Appointment of Deputies (Health (Miscellaneous Provisions) Act 1911)

15.1 – Appoint Authorised and Approved Officers (Health (Asbestos) Regulations 1992)

February 2020: Added delegation:

5.5 – Varying Prohibited Burning Times (Bush Fires Act 1954)

The purpose of this annual review is for Council to consider its delegations to the Chief Executive Officer and Authorised Persons, and determine their ongoing suitability. Delegations to the CEO are at the discretion of Council. Council may elect to make changes to the delegations, these will be recorded and alterations to the register made accordingly.

There have been no changes to higher legislation since the previous review was undertaken that impact the delegations in place from the previous year.

Please refer to Attachment B for a summary of changes for this year’s review.

Due to the current pandemic, WALGA have prepared guidance documents to assist with ensuring local governments have appropriate delegations in place to ensure that business can run smoothly during emergency situations. Please refer to Attachment C for a copy of this document.

Delegation registers from various WA local governments have also been viewed to ensure the Shire of Esperance’s delegations remain in line with those provided by other councils in the WA local government sector.

At this point in time it is considered that the Shire’s current delegations remain consistent with those of other councils within WA and the recommendations and templates provided by WALGA.

Consultation

Executive Management Team

Middle Management Team

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Building Act 2011

Public Health Act 2016

Planning and Development Act 2005

Bush Fires Act 1954

Food Act 2008

Dog Act 1976

Cat Act 2011

Local Government (Miscellaneous Provisions) Act 1960

Land Administration Act 1997

Local Government (Financial Management) Regulations 1996

Local Government (Uniform Local Provisions) Regulations 1996

Caravan Parks and Camping Grounds Act 1995

Health (Miscellaneous Provisions) Act 1911

Health (Asbestos) Regulations 1992

Building Regulations 2012

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

A financially sustainable and supportive organisation achieving operational excellence

Provide responsible resource and planning management for now and the future

Corporate Business Plan 2019/20 – 2022/23

L1.6 Annual Review and update Delegated Authority Register

Environmental Considerations

Nil

Attachments

a ⇨.	Reviewed Delegated Authority Register - Under Separate Cover
b ⇩.	Summary of Changes
c ⇩.	WALGA Recommendations

Officer’s Recommendation

That Council endorse the proposed Delegated Authority Register 2020/2021 - Council to Chief Executive Officer & Authorised Persons.

Voting Requirement Absolute Majority

Ordinary Council: Agenda

26 May 2020 Page 118

Item: 12.3.7

Jetty Headland Kiosk Proposal

Author/s	Sarah Walsh	Coordinator Governance & Corporate Support
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D20/11002

Applicant

Nicola Sime, Grant Sime, Mario Abram and Claire Abram

Location/Address

Jetty Headland Sites 1 and 4, Lot 991 The Esplanade, Esperance

Executive Summary

For Council to consider the Applicant’s proposal for installing temporary kiosks on their existing lease areas located at the Jetty Headland Precinct.

Recommendation in Brief

That Council support the concept of installing temporary kiosks on the existing lease areas located at the Jetty Headland Precinct.

Background

The tenants of Site 1 and Site 4 at the Jetty Headland have previously spoken with Officers regarding the possibility of installing a kiosk at their respective lease areas, which would replace their current mobile food vans and provide more convenient access to their businesses as they would no longer need to transport their vans to the site on a daily basis.

At the time it was stated that a discussion would need to be held with Council in order to discuss whether this was a concept that the council would consider at the site.

A joint proposal has been received from Nicola and Grant Sime (Tenant Site 1) and Mario and Claire Abram (Tenant Site 4) which they have advised is a general concept plan to provide information on the type of kiosk they would be looking to install on the site and some basic information regarding the general works that may be required in order for this to be put in place. Please refer to Attachment A.

Officer’s Comment

Ms Sime has advised that the proposal is only a concept design at this stage and if Council support the concept, they will arrange for technical drawings to be drawn up which will provide more specific details of their proposal.

Ms Sime has stated that all Applicants are willing to work with Shire staff to discuss the specific details, should the concept be supported, and will then present a more detailed proposal to Council for consideration.

Discussions with relevant officers have determined that the State Coast Planning Policy (SPP2.6) allows for temporary structures to operate from the area.

Should the proposal go ahead, the cost of any works involved in preparing the site for the kiosks will be the responsibility of the Lessees, whether these are completed by independent contractors or Shire employees.

Shire officers have put together a cost estimation for the proposed site works which comes to approximately $30,000, however this is subject to change if further works are required following preparation of a full proposal. Please refer to Attachment C for the breakdown of costs.

As the tenants will be investing a high amount of money into the project they have requested that the lease term be reviewed in the event that the proposal is approved in order to recoup their costs over a longer term than the current leases allow.

Current leases for Site 1 and 4 are for a term of 5 years, expiring in 2024. The Reserve allows for leases of up to 10 years and so it would be recommended that the current leases be ended with new leases being entered into if the proposal is approved, to reflect the longer term and ensure the lease terms and conditions are relevant to the new arrangement.

Tenants of the remaining 2 sites will need to be consulted with regard to the proposed works as this will potentially disrupt their ability to trade at their sites while the works are undertaken.

Consideration should also be given to whether arranging sewerage connection for the remaining 2 sites at the headland should be included in the initial works to reduce potential for future disruption if tenants of these sites decide to also switch their vans to kiosks at some point in the future.

Consultation

Executive Management Team

Manager Development and Statutory Services

Manager Strategic Planning and Land Projects

Financial Implications

Nil

Asset Management Implications

Nil

Statutory Implications

Local Government Act 1995

Commercial Tenancies (Retail Shops) Agreements Act 1985

Policy Implications

COR 004: Building and Property Leases

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

An organisational and community culture that encourages innovation and embraces change

Proactively lead the community through innovation and change

Corporate Business Plan 2019/20 – 2022/23

Manage Shire Leases and Insurance

Environmental Considerations

Nil

Attachments

a ⇩.	Jetty Headland Kiosk Proposal
b ⇩.	Further Information Provided by Lessee
c ⇩.	Cost Estimate for Site Works

Officer’s Recommendation

That Council agrees to support the concept of tenants installing temporary kiosks on the existing lease areas located at the Jetty Headland Precinct, subject to a further detailed proposal being presented to Council for approval.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2020 Page 139

Item: 12.3.8

Schedule Fees and Charges 2020/2021

Author/s	Beth O'Callaghan	Manager Financial Services
Authorisor/s	Shane Burge	Director Corporate Resources

File Ref: D20/11020

Applicant

Corporate Resources

Location/Address

Internal

Executive Summary

To present the draft Schedule of Fees and Charges for 2020/2021 for consideration and inclusion within the 2020/2021 draft budget.

Recommendation in Brief

That Council endorse the attached draft Schedule of Fees and Charges to be included within the 2020/2021 budget adoption.

Background

Similar to previous years a draft copy of the fees and charges is presented to Council prior to draft budget day for review and consideration.

The fees and charges as presented are the current figures used to determine the draft 2020/2021 budget. Fees and charges that are new or have been varied since the 2019/2020 budget have a diamond indicator for easy identification to the right of the fee.

Officer’s Comment

Some fees are set by regulatory bodies such as the Builders Registration Board; or by other regulations and acts. The Schedule of Fees and Charges document contains a column named Statutory Fee Indicator. This identifies if the fee is set by a regulatory body.

A Pricing Policy has been included at the front of the Schedule of Fees and Charges. It outlines the Pricing Principles used as a guide to determine the fees and charges each year.

Usually the fees increase in line with the Long Term Financial Plan and has been approximately 3% for the past number of years. However due to the impact of COVID-19 on community groups, businesses and ratepayers Council recently resolved to not increase Fees and Charges for 2020/2021, Council Resolution O0420-114.

A workshop with Council to discuss the fees has not occurred this year due to the 0% increase in fees.

However there have been some changes for Council’s consideration as follows:

· Page 3. Food Business Surveillance Category – reduction of fee to nil for 2020/2021 to assist businesses in re-establishing after COVID-19

· Page 6. Maximum Weekly Cost for any number of services has been changed to “no maximum” as an incentive for clients to move towards a Homecare Package. Includes a new fee for Contracted Services of which the fee is as per the NDIS rates

· Page 8-9. New fees for Wylie Bay Waste Facility

· Page 20. New fees for Indoor Sports Stadium

· Page 21-24. New fees for Bay of Isles Leisure Centre

· Page 30. Caravan Park Fees have been noted as Not Applicable as it is now leased to RAC.

It is proposed that the fees will be adopted formally by Council and come into force with the adoption of the budget. An endorsement of the fees prior to the budget adoption will allow staff to inform people or organisations who may be effected by any changes prior to their implementation. Bay of Isles Leisure Centre fees will be effective from 1 September as this allows the Centre time to inform members, change brochures and direct debit set-ups.

Consultation

Internal consultation with each Department was undertaken in relation to this item.

Financial Implications

Within the 2019/20 budget, fees and charges constituted $8.7m or 22% of the Shire’s operating revenue for the year.

Asset Management Implications

Nil

Statutory Implications

Section 6.16 of the Local Government Act 1995 provides authority for local governments to impose fees and charges when adopting the annual budget.

Fees and charges may be adopted outside of the annual budget but these require prior public advertising before implementation.

Policy Implications

Nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Leadership

A financially sustainable and supportive organisation achieving operational excellence

Corporate Business Plan 2019/20 – 2022/23

Provide responsible resource and planning management for now and the future

Environmental Considerations

Nil

Attachments

a ⇨.

Schedule of Fees and Charges 2020/2021 - Under Separate Cover

Officer’s Recommendation

That Council endorse the attached Draft Schedule of Fees and Charges to be included within the 2020/2021 budget adoption.

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2020 Page 141

12.4 Executive Services

Item: 12.4.1

National Redress Scheme - Participation of WA Local Governments

Author/s	Helen Hall	Executive Assistant
Authorisor/s	Matthew Scott	Chief Executive Officer

File Ref: D20/10411

Applicant

Internal

Location/Address

N/A

Executive Summary

For Council to consider participating in the National Redress Scheme via the State Government.

Recommendation in Brief

That the Shire of Esperance notes the consultation undertaken with the WA Local Government sector about the National Redress Scheme and agrees to participate in the Scheme.

Background

The Department of Local Government, Sport and Cultural Industries (DLGSC) is partnering with the Western Australian Government (State Government) implementing reforms from the recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse.

The establishment of a National Redress Scheme (Scheme) was a key recommendation of the Royal Commission to recognise the harm suffered by survivors of institutional child sexual abuse. DLGSC consulted with WA Local Governments throughout 2019 and early 2020 focusing on raising awareness of the Scheme (including an Information Paper – copy attached) and identifying how participation of the sector may be best approached.

Following this consultation and in line with the WALGA State Council resolution on 3 July 2019, the State Government (December 2019):

· Noted the consultation undertaken with the WA local government sector about the National Redress Scheme;

· Noted the options for WA local government participation in the Scheme;

· Agreed to WA local governments participating in the Scheme as State Government institutions and to include local governments (that formally indicate a desire to do so) within an amended State Government participation declaration;

· Agreed to the State Government covering payments to the survivor (LGs that receive an application will cover their own information search / administration costs and the delivery of an apology, if requested by the survivor).

A Memorandum of Understanding has now been signed with WALGA that sets out the key principles of the WA local government sector participating in the Scheme with the State Government.

DLGSC acknowledges the current situation regarding the COVID-19 pandemic and the challenges being faced by the WA local government sector and the communities. Given the priority is to make redress available to as many survivors as possible and that organisations have until 30 June 2020 to join the Scheme, local governments are asked to progress some key actions even during this difficult time.

The Royal Commission into Institutional Responses to Child Sexual Abuse (Royal Commission) was established in 2013 to investigate failures of public and private institutions to protect children from sexual abuse. The Royal Commission released three reports throughout the inquiry:

· Working with Children Checks (August 2015);

· Redress and Civil Litigation (September 2015); and

· Criminal Justice (August 2017).

The Royal Commission’s Final Report (15 December 2017) incorporated findings and recommendations of the three previous reports and contained a total of 409 recommendations, of which 310 are applicable to the Western Australian Government and the broader WA community.

The implications of the Royal Commission’s recommendations are twofold: the first is accountability for historical breaches in the duty of care that occurred before 1 July 2018 within any institution; the second is future-facing, ensuring better child safe approaches are implemented holistically moving forward.

The scope of this report addresses only the historical element of institutional child sexual abuse through the National Redress Scheme.

All levels of Australian society (including the WA local government sector and the Shire of Esperance) will be required to consider leading practice approaches to child safeguarding separately in the future.

National Redress Scheme

The Royal Commission’s Redress and Civil Litigation (September 2015) Report recommended the establishment of a single National Redress Scheme (the Scheme) to recognise the harm suffered by survivors of institutional child sexual abuse.

The Scheme acknowledges that children were sexually abused, recognises the suffering endured, holds institutions accountable and helps those who have been abused access counselling, psychological services, an apology and a redress payment.

The Scheme commenced on 1 July 2018, will run for 10 years and offers eligible applicants three elements of Redress:

· A direct personal response (apology) from the responsible institution, if requested;

· Funds to access counselling and psychological care; and

· A monetary payment of up to $150,000.

All State and Territory Governments and many major non-government organisations and church groups have joined the Scheme.

The WA Parliament has passed the legislation for the Government and WA based non-government organisations to participate in the National Redress Scheme.

The Western Australian Government (the State) started participating in the Scheme from 1 January 2019.

Under the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth), local governments may be considered a State Government institution.

A decision was made at the time of joining the Scheme to exclude WA local governments from the State Government’s participation declaration. This was to allow consultation to occur with the sector about the Scheme, and for fuller consideration of how the WA local government sector could best participate.

Details

Following extensive consultation, the State Government (December 2019):

· Noted the consultations undertaken to date with the WA local government sector about the National Redress Scheme;

· Noted the options for WA local government participation in the Scheme;

· Agreed to local governments participating in the Scheme as State Government institutions, with the State Government covering payments to the survivor; and

· Agrees to the Department of Local Government, Sport and Cultural Industries (DLGSC) leading further negotiations with the WA local government sector regarding local government funding costs, other than payments to the survivor including counselling, legal and administrative costs.

The following will be covered for local governments participating in the Scheme as a State Government institution and part of the State’s declaration:

· Redress monetary payment provided to the survivor;

· Costs in relation to counselling, legal and administration (including the coordination of requests for information and record keeping in accordance with the State Records Act 2000); and

· Trained staff to coordinate and facilitate a Direct Personal Response (DPR – Apology) to the survivor if requested (on a fee for service basis with costs to be covered by the individual local government – see below for further explanation).

State Government financial support for local government participation in the Scheme, as set out, will ensure that Redress is available to as many WA survivors of institutional child sexual abuse as possible.

Individual local governments participating in the Scheme as a State Government institution, with the State will be responsible for:

· Providing the State with the necessary (facilities and services) information to participate in the Scheme;

· Resources and costs associated with gathering their own (internal) information and providing that information (Request for Information) to the State (if they receive a Redress application); and

· Costs associated with the delivery of a DPR (apology), if requested (based on a standard service fee, plus travel and accommodation depending on the survivor’s circumstance). The State’s decision includes that all requested DPR’s will be coordinated and facilitated by the Redress Coordination Unit – Department of Justice, on every occasion.

The WALGA State Council meeting of 4 March 2020:

1. Acknowledged the State Government’s decision to include the participation of Local Governments in the National Redress Scheme as part of the State’s declaration;

2. Endorsed the negotiation of a Memorandum of Understanding and Template Service Agreement with the State Government, and

3. Endorsed by Flying Minute the Memorandum of Understanding prior to execution, in order to uphold requirements to respond within legislative timeframes.

The State and WALGA will sign a Memorandum of Understanding to reflect the principles of WA local governments participating in the Scheme as State Government institutions and being part of the State’s declaration.

State agencies (led by DLGSC), WALGA and Local Government Professionals WA will support all local governments to prepare to participate in the Scheme from 1 July 2020 (or earlier, subject to completing the necessary arrangements).

The State’s decision allows for the WA Government’s Scheme participation declaration to be amended to include local governments and this report seeks endorsement of the Shire of Esperance’s participation in the Scheme.

As an independent entity and for absolute clarity, it is essential that the Shire of Esperance formally indicates via a decision of Council, the intention to be considered a State Government institution (for the purposes on the National Redress Scheme) and be included in the WA Government’s amended participation declaration.

The Shire of Esperance will not be included in the State’s amended declaration, unless it formally decides to be included.

The financial and administrative coverage offered by the State will only be afforded to WA local governments that join the Scheme as a State Government institution, as part of the State’s amended declaration.

The option also exists for the Shire of Esperance to formally decide not to participate in the Scheme (either individually or as part of the State’s declaration).

Should the Shire of Esperance formally decide (via a resolution of Council) not to participate with the State or in the Scheme altogether, considerations for the Shire of Esperance include:

· Divergence from the Commonwealth, State, WALGA and the broader local government sector’s position on the Scheme (noting the Commonwealth’s preparedness to name-and-shame non-participating organisations).

· Potential reputational damage at a State, sector and community level.

· Complete removal of the State’s coverage of costs and administrative support, with the Shire of Esperance having full responsibility and liability for any potential claim.

· Acknowledgement that the only remaining method of redress for a victim and survivor would be through civil litigation, with no upper limit, posing a significant financial risk to the Shire of Esperance.

Considerations for the Shire of Esperance

Detailed below is a list of considerations for the Shire of Esperance to participate in the Scheme:

1. Executing a Service Agreement

All Royal Commission information is confidential, and it is not known if the Shire of Esperance will receive a Redress application. A Service Agreement will only be executed if the Shire of Esperance receives a Redress application.

Shire of Esperance needs to give authority to an appropriate position / officer to execute a service agreement with the State, if a Redress application is received. Timeframes for responding to a Request for Information are 3 weeks for priority applications and 7 weeks for non-priority applications. A priority application timeframe (3 weeks) will be outside most Council meeting cycles and therefore it is necessary to provide the authorisation to execute an agreement in advance.

2. Reporting to Council if / when an application is received

Council will receive a confidential report, notifying when a Redress application has been received. All information in the report will be de-identified but will make Council aware that an application has been received.

3. Application Processing / Staffing and Confidentiality

Administratively the Shire of Esperance will determine:

· Which position(s) will be responsible for receiving applications and responding to Requests for Information;

· Support mechanisms for staff members processing Requests for Information.

The appointed person(s) will have a level of seniority in order to understand the magnitude of the undertaking and to manage the potential conflicts of interest and confidentiality requirements

4. Record Keeping

The State Records Office advised (April 2019) all relevant agencies, including Local Governments, of a ‘disposal freeze’ initiated under the State Records Act 2000 (the Act) to protect past and current records that may be relevant to actual and alleged incidents of child sexual abuse. The Shire of Esperance’s record keeping practices as a result, have been modified to ensure the secure protection and retention of relevant records. These records (or part thereof) may be required to be provided to the State’s Redress Coordination Unit in relation to a Redress application.

The Redress Coordination Unit (Department of Justice) is the state record holder for Redress and will keep copies of all documentation and RFI responses. Local Governments will be required to keep their own records regarding a Redress application in a confidential and secure manner, and in line with all requirements in The Act.

5. Redress Decisions

The Shire of Esperance should note that decisions regarding Redress applicant eligibility and the responsible institution(s), are made by Independent Decision Makers, based on the information received by the applicant and any RFI responses. The State Government and the Shire of Esperance do not have any influence on the decision made and there is no right of appeal.

Consultation

The WALGA State Council meeting on 3 July 2019 recommended that:

1. WA local government participation in the State’s National Redress Scheme declaration with full financial coverage by the State Government, be endorsed in principle, noting that further engagement with the sector will occur in the second half of 2019.

2. WALGA continue to promote awareness of the National Redress Scheme and note that local governments may wish to join the Scheme in the future to demonstrate a commitment to the victims of institutional child sexual abuse.

DLGSC representatives presented at a WALGA hosted webinar on 18 February 2020 and presented at all WALGA Zone meetings in late February 2020.

The State’s decision, in particular to cover the costs / payments to the survivor, has taken into account the feedback provided by local governments during the consultation detailed above.

Officer’s Comment

The State, through the Department of Local Government, Sport and Cultural Industries (DLGSC), consulted with the WA local government sector and other key stakeholders on the Royal Commission into Institutional Responses to Child Sexual Abuse (in 2018) and the National Redress Scheme (in 2019).

The consultation throughout 2019 has focused on the National Redress Scheme with the aim of:

· raising awareness about the Scheme;

· identifying whether WA local governments are considering participating in the Scheme;

· identifying how participation may be facilitated; and

· enabling advice to be provided to Government on the longer-term participation of WA local governments.

Between March and May 2019, DLGSC completed consultations that reached 115 out of 137 WA local governments via:

- Webinars to local governments, predominately in regional and remote areas;

- Presentations at 12 WALGA Zone and Local Government Professional WA meetings;

- Responses to email and telephone enquiries from individual local governments.

It was apparent from the consultations local governments were most commonly concerned about the:

· potential cost of Redress payments;

· availability of historical information;

· capacity of local governments to provide a Direct Personal Response (apology) if requested by Redress recipients;

· process and obligations relating to maintaining confidentiality if Redress applications are received, particularly in small local governments;

· lack of insurance coverage of Redress payments by LGIS, meaning local governments would need to self-fund participation and Redress payments.

LGIS published and distributed an update (April 2019) regarding the considerations and (potential) liability position of the WA local government sector in relation to the National Redress Scheme.

The State’s decision will cover the following financial costs for local governments:

· Redress monetary payment provided to the survivor;

· Costs in relation to counselling, legal and administration (including the coordination or requests for information and record keeping); and

The only financial cost the local government may incur will be the payment of the DPR’s, which is on an ‘as requested’ basis by the survivor. This will be based on the standard service fee of $3,000 plus travel and accommodation depending on the survivor’s circumstances. All requested DPR’s will be coordinated and facilitated by the Redress Coordination Unit – Department of Justice.

The State’s decision also mitigates a significant financial risk to the local government in terms of waiving rights to future claims. Accepting an offer of redress has the effect of releasing the responsible participating organisation and their officials (other than the abuser/s) from civil liability for instances of sexual abuse and related non-sexual abuse of the person that is within the scope of the Scheme. This means that the person who receives redress through the Scheme agrees to not bring or continue any civil claims against the responsible participating organisation in relation to any abuse within the scope of the Scheme.

It should be noted that there are no current claims against the Shire of Esperance with regards to Child Sexual Abuse, nor is the Shire currently expecting claims into the future. This report is purely to endorse a framework to be utilised should an application for redress be received.

Consultation

As stated within the report

Financial Implications

Asset Management Implications

Nil

Statutory Implications

National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cwth)

State Records Act 2000

Policy Implications

nil

Strategic Implications

Strategic Community Plan 2017 - 2027

Community Connection

A feeling of safety and confidence within our neighbourhoods and a sense of security

Develop and maintain a safe environment for the community

Corporate Business Plan 2019/20 – 2022/23

A safe community where residents feel secure at home work and play

Environmental Considerations

Nil

Attachments

a ⇨.

National Redress Scheme - Information Paper - Under Separate Cover

Officers Recommendation

That Council:

1. Notes the consultation undertaken and information provided by the Department of Local Government, Sport and Cultural Industries in regarding the National Redress Scheme and the participation of WA local governments.

2. Notes that the Shire of Esperance will not be included in the WA Government’s amended participation declaration (and afforded the associated financial and administrative coverage), unless the Shire of Esperance makes a specific and formal decision to be included;

3. Endorses the participation of the Shire of Esperance in the National Redress Scheme as a State Government institution and included as part of the State Government’s declaration;

4. Authorises the CEO to execute a service agreement with the State, if a Redress application is received;

5. Instructs the CEO to provide Council a confidential report if a Redress application is received by the Shire of Esperance;

Voting Requirement Simple Majority

Ordinary Council: Agenda

26 May 2020 Page 161

13. Reports Of Committees

Nil

14. Motions of which Notice has been Given

Motion 1

Moved: Cr Obourne

Seconded:

That the Council request the Chief Executive Officer to prepare a report for the June 2020 Ordinary Council Meeting, regarding the use of live streaming and/or recording technology in our Ordinary Council Meetings and make recommendations for Council to consider.

Rationale:

The use of technology is an effective way to enable the community to view our decision making meeting even when unable to physically attend or at a time more convenient. The aim of this motion is to encourage greater participation in the Council’s decision making process and to foster community confidence and trust in Council.

I believe this is a further step in the right direction towards providing open, transparent and accountable leadership and communicating information to the community efficiently and accurately.

Background:

Earlier this year Council requested the CEO investigate “live streaming” options with a subsequent briefing provided, at which point, we directed the CEO to trail Zoom meetings. These have been very helpful during the COVID-19 crisis and now that we are all familiar with attending meetings in a different format ourselves it seems an opportune time to continue to progress this idea.

This motion aligns with our Strategic Community Plan under Community Engagement L1 “Community confidence and trust in Council”.

15. MEMBERS QUESTIONS WITH OR WITHOUT NOTICE

16. URGENT BUSINESS APPROVED BY DECISION

17. MATTERS BEHIND CLOSED DOORS

Officer’s Comment:

It is recommended that the meeting is behind closed doors for the following items, in accordance with section 5.23(2) of the Local Government Act 1995.

Item: 17.1

0269-20 Prequalified Supplier Panel - Wild Dog Control

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a contract entered into, or which may be entered into, by the local government and which relates to a matter to be discussed at the meeting (Section 5.23(2)(c)).

Item: 17.2

0268-20 - Prequalified Supplier Panel - Professional Services

Confidential Item

Item: 17.3

0267-20 - Prequalified Supplier Panel - Traffic Management

Confidential Item

Item: 17.4

0266-20 - Prequalified Supplier Panel - Parks & Reserves Management

Confidential Item

Item: 17.5

0265-20 - Prequalified Supplier Panel - Workshop Services

Confidential Item

Item: 17.6

0264-20 - Prequalified Supplier Panel - Building Services

Confidential Item

Item: 17.7

0263-20 - Prequalified Supplier Panel - Plant Hire

Confidential Item

Item: 17.8

Lease Renewal - Telstra Communication Tower Helms Drive

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter that if disclosed, would reveal information about the business, professional, commercial or financial affairs of a person, where the information is held by, or is about, a person other than the local government (Section 5.23(2)(e)(iii)).

Item: 17.9

CEO Review

Confidential Item

This report is considered confidential in accordance with the Local Government Act 1995, as it relates to a matter affecting an employee or employees (Section 5.23(2)(a)); and the personal affairs of any person (Section 5.23(2)(b)).

Item: 17.10

Request to Waiver Outstanding Charges - Regional Express Airline

Confidential Item

18. PUBLIC QUESTION TIME

19. CLOSURE

Document Status	Current	Version No	1
Document Controller	Chief Executive Officer
Last Reviewed

a ⇩.	Information Bulletin - April 2020
b ⇨.	Corporate Performance Report – April 2020 - Under Separate Cover
c ⇩.	Letter of Appreciation - ACTIV - Closure of Operations - April 2020
d ⇩.	Appreciation Letter - Travellers Located at the Greater Sports Ground

Disclosure of Financial, Proximity or Impartiality Interests

Local Government Act 1995 – Section 5.65, 5.70 and 5.71 and Local Government (Administration) Regulation 34C

Declaration of Interest (Notes for Your Guidance)

Author/s	Alli McArthur	Administration Officer - Executive Services
Authorisor/s	Matthew Scott	Chief Executive Officer