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MINUTES Open Portion Monday, 28 July 2025 AT 4.00pm Council Chamber, Town Hall
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MINUTES Open Portion Monday, 28 July 2025 AT 4.00pm Council Chamber, Town Hall
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Minutes (Open Portion) Council Meeting |
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28/7/2025 |
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PRESENT, APOLOGIES AND LEAVE OF ABSENCE
4. Communication from the Chairperson
5. Notification of Council Workshops
8. Consideration of Supplementary Items
9. Indications Conflicts of Interest
10. Dog Management Policy Review
11. Parklets and Street-Side Dining - Program Guidelines
13. Response to Petition - Huon Road and Grayling Avenue Intersection
Report of the Chief Executive Officer
15. Collaborative Network of Southern Tasmanian Councils
16. Code of Conduct Determination Report Councillor Ryan Posselt v Alderman Marti Zucco
17. Code of Conduct Determination Report Councillor Will Coats v Councillor Dr Zelinda Sherlock
Motions of which notice has been given
18. Acknowledgement of Country and Welcome to Country
20. Response to Questions Without Notice
20.2 Acknowledgement of Country
20.3 Acknowledgement to Country - Request for Clarity
20.4 Clarity on Road Infrastructure Responsibility
20.5 Transport Team Adequately Staffed
22. Responses to Questions Arising During Debate
23. Closed Portion of the Meeting
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Minutes (Open Portion) Council Meeting |
Page 1 |
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28/07/2025 |
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PRESENT:
The Lord Mayor Councillor A M Reynolds, the Deputy Lord Mayor Councillor Dr Z E Sherlock, Alderman M Zucco, Councillor W F Harvey, Councillor M S C Dutta, Councillor J L Kelly, Councillor L M Elliot, Alderman L A Bloomfield, Councillor R J Posselt, Councillor B Lohberger, Councillor W N S Coats, Councillor G H Kitsos
APOLOGIES:
Nil.
LEAVE OF ABSENCE:
Nil.
Councillor Posselt joined the meeting at 4.01pm.
Alderman Zucco left the meeting at 4.57pm, returning at 4.59pm.
Councillor Elliot left the meeting at 5.27pm, returning at 5.28pm
Alderman Bloomfield left the meeting at 6.51pm after declaring a conflict of interest in items 14, returning at 6.55pm.
The Deputy Lord Mayor, Councillor Sherlock left the meeting at 7.53pm, returning at 7.55pm.
The Deputy Lord Mayor, Councillor Sherlock left the meeting at 8.05pm, returning at 8.08pm.
Alderman Zucco retired from the meeting at 8.26pm and was not present for items 21 to 23.
The Chairperson opened the meeting and provided an acknowledgement of country.
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DUTTA
The Chairperson reports that she has perused the minutes of the meeting of the Open Portion of the Council meeting held on Monday, 30 June 2025, finds them to be a true record and recommends that they be taken as read and signed as a correct record.
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VOTING RECORD
Council Resolution:
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The minutes were signed. |
Are there any items, which the meeting believes, should be transferred from this agenda to the closed agenda or from the closed agenda to the open agenda, in accordance with the procedures allowed under Section 17 of the Local Government (Meeting Procedures) Regulations 2025?
No items were transferred from the Open portion to the Closed portion of the agenda.
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Elliot That item 18 be taken after item 10.
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VOTING RECORD
Council Resolution:
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In accordance with the requirements of the Local Government (Meeting Procedures) Regulations 2025, the Chief Executive Officer reports that the following workshops have been conducted since the last ordinary meeting of the Council.
Date: 21 July 2025
Purpose: City for All Implementation Framework I Stormwater and Waterways Briefing I 'Park My Ride' - Hobart's Parking Availability App Presentation
Attendance:
The Lord Mayor Councillor A M Reynolds, Alderman M Zucco, Councillors W F Harvey, M S C Dutta, J L Kelly and L M Elliot, Alderman L A Bloomfield, Councillors B Lohberger, R J Posselt, and G H Kitsos.
Apologies:
Deputy Lord Mayor Councillor Dr Z E Sherlock.
Date: 14 July 2025
Purpose: City Venues Policy I Memorials Policy I Funding Programs Policy I Policy Manual Review - Round 2 - August 2025
Attendance:
The Lord Mayor Councillor A M Reynolds, Alderman M Zucco, Councillors W F Harvey, M S C Dutta, J L Kelly and L M Elliot, Alderman L A Bloomfield, Councillor R J Posselt
Apologies:
The Deputy Lord Mayor Councillor Dr Z E Sherlock, Councillors B Lohberger.
6.1 Public Questions
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Chris Merridew put the following questions which were taken on Notice by the Chief Executive Officer.
QUESTION 1: What are the protocols (including. speed limits and enforcement ) as to wheeled vehicles (e.g. scooters / bikes) on footpaths? (e.g. reduced to 8kph whilst overtaking other users - mandatory use of a regulated fitted warning device - safe parking in other than designated areas, use of helmets).
Is there a protocol that, where a bike lane is provided, a shared footpath should not be used?
QUESTION 2: North bound Collins and Harrington design versus Barrack and Collins Street? Harrington Street only has one lane (which is shared with those going to South - to South Hobart, Kingston and Blackmans Bay). When one gets to Barrack Street there are two lanes – Why?
QUESTION 3: I understand that you have approved a Rates rise to 3%, what is the net increase in rates created (dollar value) by increasing the rates by 3%, is it $3 million, $5 Million? |
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Dr Connor put the following questions which were taken on notice by the Chief Executive Officer.
QUESTION 1: Will Council staff have up to date and meaningful consultation with dog owners, South Hobart Progress Association (SHPA), South Hobart Sustainability Community (SHSC), Bushcare, Kunanyi Mountain Run organisers and residents of both Wellesley and Wentworth St (from Congress St) and also the broader South Hobart community before any further decisions are made about South Hobart Ground and Wellesley Park?
QUESTION 2: Will Council staff conduct a thorough assessment of current use of all three sites (South Hobart Ground, Wellesley Sportsground and lower Wellesley Park) before any further decisions are made?
QUESTION 3 How many instances of dog waste on the Ground have been reported to Council in recent weeks, and where has the waste been located? |
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Chris Scanlon put the following questions:
QUESTION 1 There is slimy water emanating from the neighbour’s house at 8 Ratho Street Lenah Valley, was the flow into the street given planning approval prior to construction?
QUESTION 2 What do I have to do to get Hobart City Council to rectify the flow outside my home?
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RESPONSE: The Chief Executive Officer advised that he will meet and work through the issues, as they are complicated and we do not have the background information to be able to answer the questions tonight. |
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Emma Margetts put the following question which was taken on notice by the Chief Executive Officer.
QUESTION Will there be an investigation / report into the sites fit for purpose for needs of South Hobart Football Club (SHFC) growth over the next few decades? Including noise and light pollution, parking demand, commercialisation of site and loss of local amenity? |
No petitions were received.
Ref: Part 2, Regulation 10(7) of the Local Government (Meeting Procedures) Regulations 2025.
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RECOMMENDATION
That the Council resolve to deal with any supplementary items not appearing on the agenda, as reported by the Chief Executive Officer in accordance with the provisions of the Local Government (Meeting Procedures) Regulations 2025.
No supplementary items were received.
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Ref: Part 2, Regulation 10(8) of the Local Government (Meeting Procedures) Regulations 2025.
Elected Members are requested to indicate where they may have, or are likely to have, an interest in the agenda.
No interest was indicated.
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10. Dog Management Policy Review File Ref: F25/33413; 17/250 |
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Kitsos |
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Amendment |
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Zucco
That: 1. Clause 2 and 3 be amended to read as follows: 2. The Council endorse the draft policy at Attachment C to item 10 of the Open Council Agenda of 28 July 2025 for release for public comment. a. South Hobart Oval be included as restricted at all times with the restriction commencing 1 September 2026. 3. The Council resolve to notify the declared areas at Attachment D to item 10 of the Open Council Agenda of 28 July 2025, with reasons where required, in accordance with section 24 of the Dog Control Act 2000. a. South Hobart Oval be included as restricted at all times with the restriction commencing on 1 September 2026. 2. New clauses 6, 7 and 8 be included to read as follows: 6. Council provide a fenced dog exercise area at Wellesley Park below the sportsground north of the playground off Wentworth Street with work to be completed by 31 August 2026. 7. A further urgent report be prepared for consideration by the Council for fencing the public open space over the footbridge alongside the Hobart Rivulet near MacFarlane Street, South Hobart. The report is to address the viability of providing another dog area in this region by 31 August 2026. 8. Council liaise with the State Government seeking agreement from the relevant delegate to allow dogs off-lead on School’s oval outside of school hours and outside of when sport is being played.
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AMENDMENT LOST VOTING RECORD
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AMENDMENT |
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pOSSELT hARVEY
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That: 1. Clause 2 and 3 be amended to read as follows: 2. The Council endorse the draft policy at Attachment C to item 10 of the Open Council Agenda of 28 July 2025 for release for public comment subject to the following changes: a. Knocklofty Reserve be included as restricted at all times excep0t on managed tracks and trails when dogs must be on lead. b. Wireless station and mowed area to the east of the summit loop road on the Queens Domain be included as restricted at all times except on managed tracks and trails when dogs must be on lead c. West Hobart Recreation Ground be included as restricted during specified hours, namely school days during 8am to 4pm. 3. The Council resolve to notify the declared areas at Attachment D to item 10 of the Open Council Agenda of 28 July 2025, with reasons where required, in accordance with section 24 of the Dog Control Act 2000 subject to the following changes: a Knocklofty Reserve be included as restricted at all times except on managed tracks and trails when dogs must be on lead. b Wireless station and mowed area to the east of the summit loop road on the Queens Domain be included as restricted at all times except on managed tracks and trails when dogs must be on lead. Reason: to protect native ecosystems, preserve biodiversity and reduce impact to wildlife. c. West Hobart recreation ground be included as restricted during specified hours, namely school days during 8am and 4pm. Reason: to ensure safety, health and comfort of students free from conflict of dogs.
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AMENDMENT LOST VOTING RECORD
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VOTING RECORD
Council Resolution:
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1. Pursuant to section 7(3) of the Dog Control Act 2000, the Council notes the public submissions received during the public consultation period. 2. The Council endorse the draft policy marked as Attachment C to item 10 of the Open Council Agenda of 28 July 2025 for release for public comment. 3. The Council resolve to notify the declared areas, marked as Attachment D to item 10 of the Open Council Agenda of 28 July 2025, with reasons where required, in accordance with section 24 of the Dog Control Act 2000. 4. The draft policy and proposed declared areas be advertised by public notice in accordance with the requirements of the Dog Control Act 2000 for not less than 15 business days. 5. A further report be prepared for consideration by the Council following the advertisement of the draft policy and proposed declared areas.
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11. Parklets and Street-Side Dining - Program Guidelines File Ref: F25/41073 |
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Harvey That the recommendation contained within the officer report, marked as item 11 of the Open Council Agenda of 28 July 2025, be adopted.
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Amendment |
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Dutta
That the following two clauses be added:
8. The Council develop a Transparent decision making tool, such as a decision tree or framework, to support officers decision making in determining the merits of a streetside dining vs parklet installation at any given location; and
9. The Pilgrim coffee site decision be delayed until such time as the above framework is developed and applied to this request.
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Procedural Motion |
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Bloomfield
That the matter of the motion be referred to a workshop for further discussion.
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PROCEDURAL MOTION LOST VOTING RECORD
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AMENDMENT LOST
VOTING RECORD
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Zucco
That Councillor Elliott be granted an additional one minute to address the meeting.
VOTING RECORD
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Zucco
That Councillor Harvey be granted an additional one minute to address the meeting.
VOTING RECORD
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Procedural Motion |
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Elliot
That the matter be deferred to a workshop for further consideration.
VOTING RECORD
Council Resolution:
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That the matter be deferred to a workshop for further consideration.
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12. Country, Culture, People 2025-2028; Building Cultural Safety within the City of Hobart with Aboriginal People File Ref: F25/52929; 16/119 |
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Posselt
That: 1. The Council endorse the ‘Country, Culture, People 2025-2028; Building Cultural Safety within the City of Hobart with Aboriginal People (CCP)’ document, marked as Attachment A to Item 12 of the Open Council Agenda of 28 July 2025.
2. The Council undertakes further engagement on the community facing deliverables proposed at a later stage when the proposed action or policy is further developed.
3. The Chief Executive Officer be authorised to implement the operational and internal actions outlined in the report.
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Coats
That Councillor Elliot be granted an additional three minutes to address the meeting. VOTING RECORD
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VOTING RECORD
Council Resolution:
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1. The Council endorse the ‘Country, Culture, People 2025-2028; Building Cultural Safety within the City of Hobart with Aboriginal People (CCP)’ document, marked as Attachment A to Item 12 of the Open Council Agenda of 28 July 2025.
2. The Council undertakes further engagement on the community facing deliverables proposed at a later stage when the proposed action or policy is further developed.
3. The Chief Executive Officer be authorised to implement the operational and internal actions outlined in the report.
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13. Response to Petition - Huon Road and Grayling Avenue Intersection File Ref: F25/50531; F24/17592 |
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Sherlock That the recommendation contained within the officer report, marked as item 13 of the Open Council Agenda of 28 July 2025, be adopted.
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VOTING RECORD
Council Resolution:
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1. The Council acknowledges the technical findings presented by Council officers, which conclude that no immediate intervention is required concerning the existing island alignment. 2. Clutha Place and Grayling Avenue are listed on the Road Assets Register, and resurfacing of these sections will be undertaken following internal assessments and the availability of future funding. 3. The lead petitioner be advised of the outcomes of this report. |
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Alderman Bloomfield declared an interest in item 14 and left the meeting.
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File Ref: F25/51837 |
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Lohberger That the recommendation contained within the officer report, marked as item 14 of the Open Council Agenda of 28 July 2025, be adopted.
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VOTING RECORD
Council Resolution:
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1. The Council adopt the Funding Programs Policy (marked as Attachment A to item 14 of the Open Council Agenda of 28 July 2025). 2. The Council rescind the City of Hobart, Grants Program Policy (marked as Attachment B to item 14 of the Open Council Agenda of 28 July 2025). 3. The Council rescind the City of Hobart, Inbound Requests for Sponsorship Policy (marked as Attachment C to item 14 of the Open Council Agenda of 28 July 2025). 4. The Chief Executive Officer be authorised to make any minor amendments necessary to finalise the City of Hobart, Funding Programs Policy and arrange for it to be made available from the City’s website. 5. The Council extend the City Partnership Agreements until the end of the 2025-26 financial year to support the events scheduled in the current period, subject to the relevant group completing their acquittal for the grant allocated in 2024-25, noting that these will be reviewed during the current financial year. This includes: (i) Festa Italia - $10,818 (ii) Estia Greek Festival - $10,818 6. The Council extend the Civic Partnership Agreements for 12 months to support the events scheduled in the 2025-26 financial year, subject to the relevant group completing their acquittal for the grant allocated in 2024-25. This includes: (i) The Royal Hobart Regatta - $32,454 (ii) The Sandy Bay Regatta - $32,454 (iii) Hobart ANZAC Day Commemorations - $32,454 (iv) City of Hobart Eisteddfod - $10,818 7. The City Partnership and Civic Partnership Agreements noted in recommendations 5 and 6 of this report, be recorded in the ‘Grants, Assistance and Benefits Provided’ section of the City of Hobart’s Annual Report in accordance with the City of Hobart’s Policy ‘Grants and Benefits Disclosure’. |
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15. Collaborative Network of Southern Tasmanian Councils File Ref: F25/47234 |
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Posselt That the recommendation contained within the officer report, marked as item 15 of the Open Council Agenda of 28 July 2025, be adopted.
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Amendment |
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Elliot
That a report be prepared for Council to consider the establishment of a metropolitan council.
VOTING RECORD
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VOTING RECORD
Council Resolution:
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1. The Council endorse the formation of a Collaborative Network of Southern Tasmanian Councils, which would be delivered through Regional Development Australia (Tasmania) and replace the regional collaboration role previously provided by the Southern Tasmanian Councils Authority.
2. The Council endorse the winding up of the Southern Tasmanian Councils Authority in accordance with section 37 of the Local Government Act 1993 and the rules of Southern Tasmanian Councils Authority.
3. A report be prepared for Council to consider the establishment of a metropolitan council.
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16. Code of Conduct Determination Report File Ref: F25/49004 |
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Zucco That the recommendation contained within the officer report, marked as item 16 of the Open Council Agenda of 28 July 2025, be adopted.
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VOTING RECORD
Council Resolution:
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That the Council receive and note the Code of Conduct Determination Report in respect to a complaint lodged by Councillor Ryan Posselt against Alderman Marti Zucco, shown as Attachment A to item 16 of the Open Council Agenda of 28 July 2025.
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17. Code of Conduct Determination Report File Ref: F25/53042 |
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Bloomfield That the recommendation contained within the officer report, marked as item 17 of the Open Council Agenda of 28 July 2025, be adopted.
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VOTING RECORD
Council Resolution:
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That the Council receive and note the Code of Conduct Determination Report in respect to a complaint lodged by Councillor Will Coats against Councillor Dr Zelinda Sherlock, shown as Attachment A to item 17 of the Open Council Agenda of 28 July 2025.
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In Accordance with Regulation 16(5) of the Local Government (Meeting Procedures) Regulations 2015
18. Acknowledgement of Country and Welcome to Country
FILE REF: F25/53321
Councillor Louise Elliot
Motion
“That the Council approve:
1. The Acknowledgement of Country being removed from the Council Meeting and Committee Meeting Agendas and be replaced with an Acknowledgement of Country that occurs before Council Meetings and Committee meetings; and
2. The Welcome to Country be removed from the actual proceedings of Council run events and replaced with a Welcome to Country that occurs prior to the commencement of proceedings Council events.”
Rationale:
“Up until several years ago, each Council Meeting used to start with the Lord’s Prayer. This religious belief has been replaced with a new quasi-religious and political belief described as an Acknowledgement of Country. Similarly, Council events typically also include a Welcome to Country early in proceedings.
The Council claims it is welcoming and inclusive and celebrates diversity. It is not inclusive, welcoming or kind to force a quasi-religious and political belief on unwillingness participants.
Many Australians do not subscribe to the sentiment behind and often the explicit language of an Acknowledgement of Country or Welcome to Country. Freedom of thought, conscience and religion or belief is a fundamental human right.
I recently chaired two Committee meetings. I asked the legal team if the Acknowledgement of Country could be removed from the agenda for the meetings that I chaired as it is not a belief I subscribe to. I was told it could not but that I could skip the item.
This left me, as Chair, in an unfair predicament. I either say something I do not believe – compelled speech – or I skip the item and not follow the meeting agenda. It is not kind or inclusive to put people in this position.
This Motion offers a fair and sensible middle ground. People should be able to choose whether they participate in these rituals.
Offering an Acknowledgement of Country prior to the commencement of meeting will allow those who subscribe to the beliefs associated with an Acknowledgement of Country to arrive earlier if they wish to participate in this ritual.
Similarly, those who wish to be ‘Welcomed to Country’ can be invited to arrive before formal proceedings if they wish to engage in this ritual.
If this Motion is rejected, the quasi-religious and political beliefs contained in Acknowledge of Country and Welcome to Country will continue to be forced on all attendees, including those who do not subscribe to these beliefs.
This is Motion is not a denial of history. It is well known that Aboriginal people inhabitant Australia thousands and thousands of years before colonisation. This is not about saying that Aboriginal people do not deserve respect – every decent human deserves respect.
This is about not forcing quasi-religious and political beliefs on other people, respecting basic human rights and offering solutions that meet the needs of a diverse community.”
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Administration Response to Notice of Motion |
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Discussion
There is no formal policy position requiring an Acknowledgment of Country to be delivered by the chair at the commencement of a Council meeting or workshop.
Officers have undertaken research of Council reports and minutes and have determined that Lord Mayor Hickey commenced the delivery of Acknowledgment of Country at Council meetings ten (10) years ago with the first one being on 7 September 2015. It does not appear that there was any full Council decision to do this, but it may have been the Lord Mayor using her discretion and it was introduced that way.
Acknowledgement of Country at Council meetings have continued to be delivered at Council meetings since that time. The Acknowledgement of Country expanded from just being listed on the Council agenda, to being a standard item on all meeting agendas, at the request of the former Chief Executive Officer (CEO). Under the meeting regulations, the CEO is responsible for the preparation of the agenda, and she felt it appropriate for the Acknowledgement of Country to be included.
It is noted that when undertaking this research, it is recorded that Lord Mayors of the day have delivered an Acknowledgment of Country consistently in their speeches from 2003.
There was a motion presented at the Council meeting on 24 April 2004 “That verbal acknowledgement of the Tasmanian Aboriginal people’s prior custodianship of the land by the Lord Mayor, at the commencement of each Annual General Meeting of the Hobart City Council, be approved.” This motion was carried unanimously.
The delivery of an Acknowledgement of Country at the start of a formal meeting and a Welcome to Country at the start of a public event are consistent with Country, Culture, People 2025-28 Building Cultural Safety in the City of Hobart document that is to be discussed on a future Council agenda.
Acknowledgement of Country – Other Councils
Officers have undertaken desk top research on other Tasmanian Councils and other Capital Cities to determine whether they are including Acknowledgment of Country at the commencement of their Council meetings.
This desk top research indicates that all 29 Tasmanian councils commence their Council meetings with an Acknowledgement of Country.
In relation to other capital cities, all capital cities across Australia include an Acknowledgement of Country at the start of their Council meetings.
It is noted that a few councils (not capital cities), particularly in South Australia and Queensland, have recently decided to discontinue the practice of including an Acknowledgement of Country at their meetings. Examples include the City of Gold Coast, Naracoorte Lucindale Council, and the City of Playford.
At a Council meeting in May 2025, Flinders Island councillors rejected a motion to cease Welcome to Country and Acknowledgement of Country at events the Flinders Council is involved in. The motion was put forward, however it failed to get a seconder.
Protocol for Acknowledgement of Country
The City of Hobart’s Respectful Language Guide: Aboriginal Language and Protocols (2020) (the Guide) was developed based on an extensive engagement process during the development of the Aboriginal Commitment and Action Plan 2020-22 (ACAP).
During this process, members of the Tasmanian Aboriginal community and Elected Members both highlighted a desire for increased respectful communications, use of Aboriginal language and improved recognition and use of Aboriginal cultural protocols. In addition, City of Hobart staff expressed a need for tools and guidance to support them in developing respectful communications with and about Aboriginal people.
In response, the City created the Respectful Language Guide: Aboriginal Language and Protocols in 2020. The development of the Guide was directly aligned to Deliverables 10.1 and 10.2 in the ACAP. This guide was distributed to Elected Members via a memorandum on 5 November 2020.
The Guide was reviewed and updated in 2024 by Mina Nina and Cooee Tunapri Pty Ltd, the consultants engaged to review the ACAP.
It is noted that this document is a Guide and not a formal Council policy document. The Guide includes information on preferred language, background on key terms, including those to avoid when referencing Tasmanian Aboriginal people in written or spoken contexts. Also included is background on the language of palawa kani, word histories and uses. In addition, the Guide provides background, templates and protocols for an Acknowledgment of and Welcome to Country.
The Guide includes a section specifically on Acknowledgement of Country (shown below). The Guide states that it is appropriate to have an acknowledgement at the start of an event, significant meeting or gathering. The Guide further clarifies ‘It is appropriate to provide an Acknowledgement of Country at public events such as meetings, community forums, launches and workshops’.
ACKNOWLEDGEMENT OF COUNTRY
A verbal Acknowledgement of Country can be provided by an Aboriginal or Torres Strait Islander or non-Aboriginal person at the start of an event or significant meeting or gathering. If there is a known Aboriginal person at the event or meeting, it may be appropriate, prior to the commencement, to ask whether they would like to provide either a Welcome or Acknowledgement. However, it is not appropriate to expect Aboriginal people to always take on the role of providing an Acknowledgement. It is appropriate to provide an Acknowledgement of Country at public events such as meetings, community forums, launches and workshops. It is particularly important to provide an Acknowledgement when there may be Aboriginal people participating, or the topics being discussed relate to or affect Aboriginal people. In the event that a Welcome or Acknowledgement has already been given at an event, subsequent speakers may like to offer a word of thanks to the person who provided the Welcome and a personal reflection or response. This is preferable to providing another standard Acknowledgement. Similarly, it’s important to consider the general tone of the messages you are seeking to convey, not just the specific words chosen. Words are important however delivery, attitude and context are equally so. A short guide and a number of example Acknowledgements are provided on pages 6 and 7, in addition to the Acknowledgement at the start of this document. These have been considered carefully and can be used in part, in whole or in combination. The guide has been provided to encourage creation of tailored, contextual Acknowledgements, so long as it is culturally appropriate and respectful. This will ensure your acknowledgement remains relevant and has meaning.
Acknowledgement of Country or Welcome to Country Prior to Meeting/Event Commencing
It would be inconsistent with the City’s strategic documentation (Hobart – A community Vision for Our Island Capital; Capital City Strategic Plan 2023; Hobart: A City for All Community Inclusion and Equity Framework; Aboriginal Commitment and Action Plan; and draft Community, Culture and People 2025-28 Building Cultural Safety with the City of Hobart with Aboriginal people to not include an Acknowledgement of Country or Welcome to Country as part of official proceedings.
There is a question as to the manner, form and frequency for such proceedings.
It is acknowledged that there are those within the community (and the City) that have expressed feeling pressured into either participating in, or providing an ‘acknowledgement’ and that the City must also be considerate of those views. It is also noted in the officer advice contained within ‘Culture, Country, People’ Report that either providing an ‘acknowledgement’ that appears ingenuine, or that fuels division can be counterproductive.
There is no legislative requirement for local government to list an acknowledgement (or welcome) to country within its agenda papers, or as part of any associated meeting procedures.
As detailed above, the processes (for the City) have evolved into custom and practice, noting that the chair of a council meeting or committee has an almost unfettered discretion as to how they conduct a meeting.
There are obvious logistical issues with having an acknowledgement or welcome delivered prior to the start of an event or meeting. If a meeting has not been formally convened there’s actually no individual delegated to provide the acknowledgement as the meeting hasn’t been formally opened.
Other issues include, people moving into the meeting or venue during this period which could potentially demonstrate a lack of respect and cultural safety to the delivery of the acknowledgement or welcome and concerns around diminishing the value and associated perceptions of sincerity in delivering the acknowledgment.
Officers therefore believe that the proposal (as presently framed) is functionally unworkable. The lack of a clear council decision and associated procedure (that carefully balances competing legal rights) is also problematic.
Accordingly, there is merit in officers turning their mind to the creation of a procedure for the delivery and/or non-delivery of an acknowledgement of country in a Council/committee meeting and this is recommended as an alternative approach to the motion.
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Strategic, Legislative and Policy Implications |
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Capital City Strategic Plan |
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Pillar: |
Pillar 2 – Community Inclusion, Participation and Belonging |
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Outcome: |
Outcome 2.1 Hobart is a place that recognises and celebrates Tasmanian Aboriginal people, history and culture, working together towards shared goals. |
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Strategy: |
2.1.1 – Demonstrate leadership in Aboriginal social justice, wellbeing and inclusion in partnership with Aboriginal people. 2.1.2 – Highlight Aboriginal history and culture, including acknowledgment of the darkness of our shared experience, through interpretation, naming, arts and events. |
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Legislation and Policy |
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Legislation: |
Anti Discrimination Act 1998 |
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Policy: |
Social Inclusion Policy 17 March 2025
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Financial Implications
1. There are no financial implications relating to this matter.
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KELLY That the motion be adopted.
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Coats
That Councillor Elliot be granted an additional three minutes to address the meeting.
VOTING RECORD
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Posselt
That Councillor Harvey be granted an additional 30 seconds to address the meeting.
VOTING RECORD
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Procedural Motion |
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Elliot
That the matter be deferred to a council workshop for further consideration.
VOTING RECORD
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Zucco
That Councillor Dutta be granted an additional three minutes to address the meeting.
MOTION CARRIED VOTING RECORD
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Zucco
That Councillor Sherlock be granted an additional three minutes to address the meeting.
VOTING RECORD
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Procedural Motion |
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Posselt
That the motion be now put.
PROCEDURAL MOTION CARRIED
VOTING RECORD
Note: Councillor Coats and Councillor Kelly abstained from voting on the motion.
In accordance with section 32(3) of the Local Government (Meeting Procedures) Regulations 2025, to abstain from voting at a meeting is to vote in the negative and has been recorded accordingly.
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SUBSTANTIVE MOTION LOST VOTING RECORD
Council Resolution:
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FILE REF: F25/53322
Councillor Louise Elliot
Motion
“That the Council support officers issuing the Tasmanian Labor Party with a invoice to recoup the costs incurred through the of the removal of hundreds of political advertising stickers that were placed across the city on Council infrastructure.”
Rationale:
“There is no suggestion that the placement of the stickers was authorised or supported by the Tasmanian Labor Party. That said, multiple Labor volunteers were recorded and identified placing Labor’s promotional material on Council infrastructure.
Costs in the region of $5000 were incurred the Council for the removal of hundreds of stickers across the City over several days.
It is noted that various groups and individuals deface Council property with materials. This situation is unusual given the volume of vandalism, the benefit of the materials being clearly branded, and the identity of at least some of those responsible for the vandalism being known.”
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Administration Response to Notice of Motion |
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Discussion
Council is unable to issue an invoice in this instance as an invoice can only be issued when goods or services have been provided. Council could send a request for payment however there would be no legal obligation on the Australia Labor Party (ALP) to pay such a request.
Under the Council’s Public Spaces By-Law 2018, Council can recover any expense or damages incurred by the Council because of a breach of the by-laws in accordance with the following:
Any expense or damages incurred by the Council because of the breach of any of the by-laws, including expense or damages incurred by the forced closure or evacuation of a public space, will be paid by the person committing the breach and is recoverable by the Council as a debt due to it.
There are two key aspects to this provision.
1. Any expense or damages will be paid by the person committing the breach Council requires admissible evidence of the person who adhered the stickers. The ALP will only be responsible if they intentionally assisted or encouraged the person who adhered the stickers. The supply of stickers is insufficient.
2. Any expense or damages is recoverable by the Council as a debt due to it.
To recover the expense or damages incurred, Council must take legal action to recover it. This means the Council must commence proceedings in the Magistrates Court seeking a judgement against the person responsible.
Officers are considering the evidence and options available under the Public Spaces By-Law 2018 and Litter Act 2007 having regard to the evidence, including the issue of infringement notices, in accordance with the Council’s Compliance Investigation Procedure Policy.
Power to enforce the By-Law and/or Litter Act either vests in, or is delegated, to the Chief Executive Officer or authorised officer.
Should Council wish to pass a resolution on the matter that is supporting of the intent of the Motion the below wording is proposed.
1. Note that officers are investigating the unlawful adherence of stickers including reviewing the evidence available; and
2. Notes the Chief Executive Officer will act in accordance with the powers under the Public Spaces By-Law 2018, Litter Act 2007 and the Compliance Investigation Procedure Policy, having regard to the available evidence, the need for specific deterrence of future behaviour and the cost to Council in undertaking such action.
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Strategic, Legislative and Policy Implications |
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Capital City Strategic Plan |
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Pillar: |
N/A |
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Outcome: |
N/A |
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Strategy: |
N/A |
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Legislation and Policy |
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Legislation: |
Public Spaces By-Law 2018 Local Government Act 1993 Litter Act 2007 |
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Policy: |
Compliance Investigation Procedure Policy Election Signage Policy
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Financial Implications
1. The maximum individual infringement (per offence) is $102.50 under the By-Law and $410 under the Litter Act if an infringement notice is issued.
2. Officer time (for investigation and related matter) is costed at approximately $120 per hour.
The potential cost to ratepayers along with the probability of the success of any action are relevant considerations under the Compliance Investigation Procedure Policy.
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Sherlock That the motion be adopted, amended by replacing the word ‘invoice’ with ‘request’.
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MOTION CARRIED VOTING RECORD
Note: Councillor Posselt abstained from voting on the amendment.
Council Resolution:
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That the Council support officers issuing the Tasmanian Labor Party with a request to recoup the costs incurred through the of the removal of hundreds of political advertising stickers that were placed across the city on Council infrastructure.
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20. Response to Questions Without Notice
Regulation 29 of the Local Government (Meeting Procedures) Regulations 2015.
File Ref: 13-1-10
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Kitsos That the information contained within the following responses to questions without notice, marked as items 20.1 to 20.5 of the Open Council Agenda of 28 July 2025, be received and noted.
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VOTING RECORD
Council Resolution:
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That the information contained in the following responses to questions without notice, be received and noted.
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Memorandum of the Director Corporate Services of 22 July 2025
Memorandum of the Director Community and Economic Development of 23 July 2025
Memorandum of the Director Community and Economic Development of 23 July 2025
Memorandum of the Acting Director Infrastructure and Assets of 16 July 2025
Memorandum of the Director Strategic and Regulatory Services of 16 July 2025
Regulations 33 and 34 of the Local Government (Meeting Procedures) Regulations 2025.
File Ref: 13-1-10
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Question: There were reports in the media today regarding four pollution breaches within Hobart’s drinking water catchments for 2022 that have only just been publicised. Can the Lord Mayor and or the City of Hobart, through the Chief Executive Officer release to the Media, the motion from 27 May 2024 Council Meeting in which Council voted unanimously for the establishment of a catchment management body in the River Derwent catchment that provides the majority of Hobart’s drinking water supply?
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Response: The Chief Executive Officer took the question on notice. |
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Question: Can officers provide advice on investigating further off-lead fenced dog areas within the municipality with specific reference to Fitzroy Gardens, John Doggett, Rangeview Crescent, Friends Park, Lower Legacy, Mount Stuart Park and any other identified possibilities that can be used for dogs?
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Response: The Chief Executive Officer advised that Council Officers have been listening to the debate tonight, and as the plan stands, we will be going out to public consultation. Elected Members will also be able to make submissions in relation to things they want considered. Council Officers are keen to look at any other opportunities that are around.
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In accordance with the Council’s Meetings: Procedures and Guidelines Policy, attached is a register of questions taken on notice during debate of previous items considered by the Council.
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Lohberger That the register of questions arising during debate, marked as item 22 of the Open Council Agenda of 28 July 2025, be received and noted. VOTING RECORD
Council Resolution:
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That the register of questions arising during debate be received and noted.
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Coats That the Council resolve by absolute majority that the meeting be closed to the public pursuant to regulation 17(1) of the Local Government (Meeting Procedures) Regulations 2025 because the items included on the closed agenda contain the following matters: .
· Minutes of a closed Council meeting · Information of a personal and confidential nature
The following items were discussed:-
Item No. 1 Minutes of the last meeting of the Closed Portion of the Council Meeting Item No. 2 Communication from the Chairperson Item No. 3 Leave of Absence Item No. 4 Consideration of supplementary Items to the agenda Item No. 5 Indications of Conflicts of Interest Item No. 6 Risk and Audit Panel - Appointment of Chairperson LG(MP)R 17(2)(h)(i) Item No. 7 Risk and Audit Panel Minutes LG(MP)R 17(2)(h)(i) Item No. 8 2024-25 Performance Review - Chief Executive Officer LG(MP)R 17(2)(a) Item No. 9 Questions without Notice
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MOTION CARRIED BY ABSOLUTE MAJORITY VOTING RECORD
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The Chairperson adjourned the meeting at 6.28pm for a dinner break
The meeting was reconvened at 6.50pm.
Item 14 was then taken.
There being no further business the Open portion of the meeting closed at 8.27pm.
TAKEN AS READ AND SIGNED AS A CORRECT RECORD
THIS
25th DAY OF august 2025.
CHAIRperson