Agenda of Special Governance Committee Meeting

Agenda (Open Portion)

Special Governance Committee Meeting

Page 4

24/4/2017

Special Governance Committee Meeting (Open Portion) held Monday, 24 April 2017 at 4.20 pm in the Lady Osborne Room, Town Hall.

COMMITTEE MEMBERS

Ruzicka (Chairman)

Deputy Lord Mayor Christie

Cocker

Thomas

Reynolds

Harvey

ALDERMEN

Lord Mayor Hickey

Zucco

Briscoe

Sexton

Burnet

Denison

Apologies: Nil

Leave of Absence: Nil

1. Co-Option of a Committee Member in the event of a vacancy

2. Indications of Pecuniary and Conflicts of Interest

Ref: Part 2, Regulation 8(7) of the Local Government (Meeting Procedures) Regulations 2015.

Aldermen are requested to indicate where they may have any pecuniary or conflict of interest in respect to any matter appearing on the agenda, or any supplementary item to the agenda, which the committee has resolved to deal with.

3. Transfer of Agenda Items

Regulation 15 of the Local Government (Meeting Procedures) Regulations 2015.

A committee may close a part of a meeting to the public where a matter to be discussed falls within 15(2) of the above regulations.

In the event that the committee transfer an item to the closed portion, the reasons for doing so should be stated.

Are there any items which should be transferred from this agenda to the closed portion of the agenda, or from the closed to the open portion of the agenda?

Item No. 4.1

Agenda (Open Portion)

Special Governance Committee Meeting

Page 6

24/4/2017

REPORT TITLE: Targeted Review of the Local Government Act 1993

REPORT PROVIDED BY: Acting General Manager

1. Report Purpose and Community Benefit

1.1. The purpose of this report is to request the Council’s consideration of the proposed Local Government Amendment (Targeted Review) Bill 2017.

1.2. The proposed amendments are focused on improving governance and ensuring that the legislative framework for local government is effective and efficient.

2. Report Summary

2.1. In mid-2015, the Minister for Local Government, the Hon. Peter Gutwein MP initiated a targeted review of the Local Government Act 1993.

2.2. The discussion paper which was released as part of the review covered a range of matters including the functions of mayors, deputy mayors and general managers; financial management and local government elections.

2.3. The Council provided a submission to the review in June 2016 (Attachment A).

2.4. A draft Local Government Amendment (Targeted Review) Bill 2017 has now been released for consultation and comment which includes a number of key legislative amendments.

2.5. A spreadsheet has been compiled which provides a summary of the changes being proposed and a suggested position the Council may wish to consider in relation to the changes (Attachment B).

2.6. There are a number of matters which have been identified which require specific consideration by the Council, including Ministerial Orders as they relate to the mayor, elected members and the general manager; the suspension of councillors; and the appointment of a commissioner only when all councillors are either dismissed or suspended.

3. Recommendation

That the Council consider the changes proposed as part of the Local Government Amendment (Targeted Review) Bill 2017 and resolve its position as outlined in the summary table marked as Attachment B to the report.

4. Background

4.1. In mid-2015, the Minister for Local Government, the Hon. Peter Gutwein MP initiated a targeted review of the Local Government Act 1993.

4.1.1. The targeted review of the Act was aimed at improving governance arrangements within councils in line with increasing community expectations for transparency and accountability and to ensure that the legislative framework for local government was effective and efficient.

4.1.2. A Steering Committee was established, chaired by the Department of Premier and Cabinet’s Deputy Secretary and included the Director of Local Government, representatives from the Department’s Local Government Division, the Local Government Association of Tasmania and the Local Government Professionals Australia (Tasmania).

4.2. Initial consultation commenced in early 2016 with the release of a discussion paper which covered the following matters:

· The functions of mayors, deputy mayors and elected members;

· The appointment, functions and powers of the general manager;

· Financial management and reporting;

· The functions and powers of the Director of Local Government;

· The functions, powers and procedures of the Local Government Board;

· The functions, powers and procedures of a Board of Inquiry;

· Local government elections – electoral rolls, funding and advertising;

· The recognition, structure and role of regional bodies; and

· The reduction of unnecessary administrative requirements.

4.3. The Council provided a submission on the proposed changes to the Department of Premier and Cabinet in June 2016.

4.4. The Department has now written to all stakeholders advising that the proposed draft Local Government Amendment (Targeted Review) Bill 2017 is now ready to be released for public consultation and comment.

4.5. The key legislative amendments are as follows:

· Providing the Minister with the ability to issue Ministerial Orders in relation to such matters as the role of mayor, functions of elected members and general managers;

· A greater focus and commitment from elected members to engage in ongoing professional development and abide by the principles of good governance;

· Implementing Performance Improvement Directions as a quicker way of addressing issues in a council to potentially avoid a Board of Inquiry or Local Government Board review;

· Improving the outcomes for Boards of Inquiry in terms of recommendations that can be made following an inquiry that provide greater efficiencies and flexibility; and

· Requiring general managers to maintain a gifts and donations register for the purpose of mandatory disclosure of gifts and campaign donations by local government elected members.

4.6. Some other proposed amendments that are not yet included within the draft Bill are also being considered for inclusion. The suggestions are generally aimed at strengthening existing provisions rather than introducing materially new provisions, for example online petitions.

4.7. To assist the Council with its consideration of the proposed changes, officers have prepared a spreadsheet which provides a summary of the changes and a proposed position which the Council may wish to consider on the changes.

4.7.1. In some cases officers have recommended comment or drawn on previous council policy positions.

4.8. A number of amendments being proposed, however, require the specific consideration of the Council, namely:

· Ministerial Orders as they relate to the mayor, elected members and the general manager;

· The suspension of councillors; and

· The appointment of a commissioner only when all councillors are either dismissed or suspended.

4.9. Council requested further clarity of the roles of Lord Mayor, Aldermen and the General Manager. The response to this is Ministerial Orders. A mechanism to address issues is good, but without any information around what would be in them means that it is impossible to comment on them.

5. Proposal and Implementation

5.1. It is proposed that the Council consider the Local Government Amendment (Targeted Review) Bill 2017 and provide its feedback on the draft Bill to the Department of Premier and Cabinet.

6. Strategic Planning and Policy Considerations

6.1. The proposed draft of the Local Government Amendment (Targeted Review) Bill 2017 aligns with Goal 5 of the Council’s Capital City Strategic Plan which states that, ‘leadership provides for informed decision-making of our capital city.’

7. Financial Implications

7.1. Funding Source and Impact on Current Year Operating Result

7.1.1. Not applicable.

8. Legal, Risk and Legislative Considerations

8.1. These have been addressed in the body of this report.

9. Delegation

9.1. This matter is delegated to the Council.

As signatory to this report, I certify that, pursuant to Section 55(1) of the Local Government Act 1993, I hold no interest, as referred to in Section 49 of the Local Government Act 1993, in matters contained in this report.

Heather Salisbury

Acting General Manager

Date: 21 April 2017

File Reference: F17/37771

Attachment a: City of Hobart Submission to review of Local Government Act 1993 June 2016 ⇩

Attachment b: Summary of changes proposed to Local Government Act and suggested Council position ⇩

about people	We value people – our community, our customers and colleagues.
professional	We take pride in our work.
enterprising	We look for ways to create value.
responsive	We’re accessible and focused on service.
inclusive	We respect diversity in people and ideas.
making a difference	We recognise that everything we do shapes Hobart’s future.