1. Powers & Responsibilities of Local Government Officers May 2016

2. Topics for the Day  Local Government Act 2009, Local Government Regulation 2012 – Structure, Responsibilities and Powers  Powers of Entry  Assets and Contracts  Work Health and Safety Act  Stakeholder Relations  Water Supply (Safety and Reliability) Act

3. Local Government Act 2009 Local Government Regulation 2012

4. Local Government Act 2009  The Act with its Regulations forms the framework and requirements for the majority of functions undertaken by Queensland Local Governments

5. Relationship with City of Brisbane Act 2010  Although the Brisbane City Council is a local government, the City of Brisbane Act 2010, rather than the Local Government Act, provides for— (a) the way in which the Brisbane City Council is constituted and the nature and extent of its responsibilities and powers; and (b) a system of local government in Brisbane.

6. Local Government Act 2009  Local government underwent the most extensive reform process for more than a century  The 2009 legislation enabled Queensland’s diverse range of local governments to make choices about processes to suit their size, location and administrative purposes  The Act has continued to be updated (Current update / reprint 20 November 2015) 6

7. Local Government Act  Provides the legal provisions and framework for the BUSINESS of Local Government  The intent is to operate similar to a company, providing prudent, effective and efficient services and outcomes for its stakeholders

8. Local Government in Australia  565 Local Governments  Employ nearly 200,000 people  Asset values approx $350 billion  Annual Revenues estimated $33.5 billion (2.7% of GDP) Source: Roberta Ryan, Assoc Prof and Director of University of Technology Sydney, Centre for Local Government

9. Company Corporations Act 2001 Local Government Local Government Act 2009 Shareholders/ Stakeholders Owners/Interested Parties Ratepayers/ Stakeholders Company Board Authority Responsibility for outcomes Council CEO General Managers Staff

10. Local Governments “ A local government is an elected body that is responsible for the good rule and local government of a part of Queensland.”  Is a body corporate with perpetual succession  Has a common seal  May sue and be sued in its name

11. Powers of Local Government  Own and operate infrastructure  Levy rates  Apply charges (non-negotiable)  Undertake urban planning and apply development conditions  Make and apply local laws  Enter land  Apply restrictions to services

12. Local Government Act 2009- Contents Chapter 1Preliminary Chapter 2Local Governments Part 1 – Local Governments and their constitution, responsibilities and powers Part 2 – Divisions of local government areas Part 3 – Changing of a local government area, name or representation Chapter 2AJoint local governments Chapter 3The business of local governments Part 1 – Local laws Part 2 – Beneficial enterprises and business activities Part 3 – Roads and other infrastructure Part 4 – The business of Indigenous local governments

13. Local Government Act 2009- Contents Chapter 4Finances and accountability Part 1 – Rates and charges Part 2 – Fees Part 3 – Financial planning and accountability Part 4 – Councillor’s financial accountability Chapter 5Monitoring and enforcing the Local Government Acts Part 1 – Local Governments Part 2 – The public Part 3 – Investigation of local government records Part 4 - Offences

14. Local Government Act 2009- Contents Chapter 6Administration Part 1 – Introduction Part 2 – Councillors Part 3 – The tribunal Part 4 – Regional conduct review panels Part 5 – Local government employees Part 6 – Authorised persons Part 6A – Authorised officers for the department Part 7 – Interim management Part 8 – The superannuation board

15. Local Government Act 2009- Contents Chapter 7Other provisions Part 1 – Way to hold a hearing Part 2 – Superannuation Part 3 – Allocating Commonwealth funding to local governments Part 4 – Legal provisions Part 5 – Delegation of powers Part 5A – Provisions about de-amalgamation Part 6 – Other provisions Chapter 8Transitionals, savings and repeals for Act No.17 of 2009 and Act No. 23 of 2010

16. Local Government Act 2009- Contents Chapter 9Other transitional provisions Part 1 – Transitional provision for Revenue and other Legislation Amendment Act 2011 Part 2 – Transitional provision for Sustainable Planning (Housing Affordability and Infrastructure Charges Reform) Amendment Act 2011 Part 3 – Transitional provision inserted under the Local Government Electoral Act 2011 Part 4 – Transitional provision for Local Government and Other Legislation Amendment Act 2012 Part 5 – Transitional provision for South East Water (Restructuring) and Other Legislation Amendment Act 2012 Part 6 – Transitional provision for Queensland Independent Remuneration Tribunal Act 2013 Part 7 – Transition provision for Local Government and Other Legislation Amendment Act 2013

17. Major Changes to Act  The LGA 2009 sought to achieve the following general principles  modern and flexible legislation that is simpler to use  stronger, more sustainable and capable local governments  more efficient delivery of services  improved accountability and transparency of councils to their communities  clearer roles and responsibilities for councillors  increased opportunities for new enterprises and partnership  better guidance on financial planning and reporting.

18. Major Changes to Act  Major changes sought by the legislation include:  support for new structural arrangements  including Indigenous councils  consideration of Aboriginal traditions and Island custom by all councils  reflecting the revitalised local government system  easy to understand.

19. Major Legislative Reform  Local laws (Chapter 3 Part 1)  Business enterprises (Chapter 3 Part 2)  Procurement

20. Local Government principles underpin the Act “To ensure the system of local government is accountable, effective, efficient and sustainable, Parliament requires—  anyone who is performing a responsibility under this Act to do so in accordance with the local government principles; and  any action that is taken under this Act to be taken in a way that—  is consistent with the local government principles; and  provides results that are consistent with the local government principles, in as far as the results are within the control of the person who is taking the Action.”

21. Local government principles “(a) transparent and effective processes, and decision-making in the public interest; and (b) sustainable development and management of assets and infrastructure, and delivery of effective services; and (c) democratic representation, social inclusion and meaningful community engagement; and (d) good governance of, and by, local government; and (e) ethical and legal behaviour of councillors and local government employees.”

22. Local government’s responsibility for local government areas A local government is an elected body that is responsible for the good rule and local government of a part of Queensland. A local government area is a part of Queensland that is governed by a local government A local government area may be divided into areas called divisions as set out in a regulation

23. Powers of local governments generally  A local government has the power to do anything that is necessary or convenient for the good rule and local government of its local area  However, a local government can only do something that the State can validly do  When exercising a power, a local government may take account of Aboriginal tradition and Island custom

24. Power includes joint government activities A joint government activity may be exercised with 1 or more other local, State or Commonwealth governments. A joint government activity includes providing a service, or operating a facility, that involves the other governments. The cooperation with another government may be by: (a) an agreement; or (b) creating a joint entity to oversee the joint government activity. A joint government activity may be set up for more than 1 purpose. If the power is to be exercised under a local law, the local law must expressly state that it applies to the other government’s area.

25. Questions so far?

26. Councillor’s Duties  Represent residents interests in local government area  Ensure local government discharges its responsibilities, achieves its corporate and community plans and complies with all laws that apply to local governments  Provide high quality leadership  Participate in council meetings, policy development and decision making for the benefit of the local government  Be accountable to the community for the local government’s performance  Comply with Queensland Contact with Lobbyists code 26

27. Requests for assistance or information  A councillor may ask a local government employee to provide advice to assist the councillor carry out his or her responsibilities under this Act.  A councillor may, subject to any limits prescribed under a regulation, ask the chief executive officer to provide information, that the local government has access to, relating to the local government.

28. Giving directions to local government staff  The mayor may give a direction to the chief executive officer or senior executive employees.  No councillor, including the mayor, may give a direction to any other local government employee.

29. Conflict of Interest  Conflict between a councilor's personal interests and the public interest  The councillor must deal with the real conflict of interest or perceived conflict of interest in a transparent and accountable way 29

30. When not a Conflict of Interest  An engagement with a community group, sporting club or similar organisation undertaken by the councillor in his or her capacity as a councillor;  Membership of a political party;  Membership of a community group, sporting club or similar organisation if the councillor is not an office holder for the group, club or organisation;  The councillor’s religious beliefs;  The councillor having been a student of a particular school or the councillor’s involvement with a school as parent of a student at the school;  If the councillor has no greater personal interest in the matter than that of other persons in the local government

31. Register of interests  A register of interests must be kept for the following persons— (a) councillors; (b) chief executive officers; (c) senior executive employees; (d) a person who is related to a councillor, chief executive officer or senior executive employee.

32. Who maintains registers of interests The chief executive officer must maintain a register of interests of the following persons— (a) councillors; (b) senior executive employees; (c) a person who is related to a councillor or senior executive employee. The mayor must maintain a register of interests of the following persons— (a) the chief executive officer; (b) a person who is related to the chief executive officer.

33. Mayor’s Duties  Leading and managing meetings  Proposing adoption of budget  Liaising with CEO  Leading, managing and providing strategic direction to the CEO  Representation of local government at official functions  Administrative functions  Responsibilities can be delegated to a councilor 33

34. Questions regarding Councillors duties?

35. Employee’s Duties (a) implementing the policies and priorities of the local government in a way that promotes— (i) the effective, efficient and economical management of public resources; (ii) excellence in service delivery; (iii) continual improvement; (b) carrying out their duties in a way that ensures the local government— (i) discharges its responsibilities under this Act; (ii) complies with all laws that apply to local governments; (iii) achieves its corporate plan; 35

36. Employee’s Duties (cont) (c) providing sound and impartial advice to the local government; (d) carrying out their duties impartially and with integrity; (e) ensuring the employee’s personal conduct does not reflect adversely on the reputation of the local government; (f) improving all aspects of the employee’s work performance; (g) observing all laws relating to their employment; (h) observing the ethics principles under the Public Sector Ethics Act 1994 (i) complying with a code of conduct under the Public Sector Ethics Act 1994.

37. The ethics principles  integrity and impartiality  promoting the public good  commitment to the system of government  accountability and transparency.

38. Codes of conduct generally  Ethics Act “S 10. Nature and purpose of codes (1) In recognition of the ethics principles and values for public service agencies, public sector entities and public officials, codes of conduct are to apply to those agencies, entities and officials in performing their official functions. (2) The purpose of a code is to provide standards of conduct for public service agencies, public sector entities and public officials consistent with the ethics principles and values.”

39. Specific Duties for CEO Manage other employees through management practices that:  Promote equal employment opportunities  Are responsive to the local government’s policies and priorities Establish and implement goals and practices in accordance with the policies and priorities of the Council Ensure safe custody of all documents owned by the Council Establish and implement practices for community access to local government programs and for reviewing decisions Respond to Councilor’s request (section 170A ) for advice and information in their role as a Councilor 39

40. Disciplinary action against local government employees  The chief executive officer may take disciplinary action against a local government employee.  A regulation may prescribe— (a) when disciplinary action may be taken against a local government employee; and (b) the types of disciplinary action that may be taken against a local government employee.

41. Employees must not  Ask for or accept a benefit or fee for doing something as an employee of local government  Making improper use of information gained through employment to gain an advantage for someone or cause detriment to the local government  Release confidential information  Unlawfully destroy or damage property of the local government  All subject to a penalty of 100 penalty units ($11,780) or 2 years imprisonment 41

42. Personal Liability  An employee does not incur civil liability for an act or omission done honestly and without negligence  Any liability that would attach to an employee instead attaches to the local government 42

43. Appointing a chief executive officer  A local government must appoint a qualified person to be its chief executive officer.  A person is qualified if the person has the ability, experience, knowledge and skills that the local government considers appropriate, having regard to the responsibilities of a chief executive officer.  A person who is appointed must enter into a written contract of employment with the local government.  The contract of employment must provide for— (a) the chief executive officer to meet performance standards set by the local government; and (b) the chief executive officer’s conditions of employment (including remuneration).

44. Appointing other local government employees  A local government must, by resolution, adopt an organisational structure that is appropriate to the performance of the local government’s responsibilities.  The local government may employ local government employees for the performance of the local government’s responsibilities.  The CEO appoints local government employees (other than senior executive employees).

45. Appointment of senior executive employees Senior executive employees will be selected by:  A panel constituted by the following persons  (a) the mayor;  (b) the CEO;  (c) either—  (i) if the senior executive employee is to report to only one committee of the local government—the chairperson of the committee; or  (ii) otherwise—the deputy mayor.

46. Delegations and Authorisations  Powers and Functions of Council  Can be exercised by Council at resolution; or  Can be delegated 46

47. Authorised Persons Specific powers or duties to a person under legislation CEO may appoint if the person (a) has the competencies (i) that the CEO considers are necessary to perform the responsibilities and duties; or (ii) prescribed under a regulation; and (b) is either— (i) an employee of the local government; or (ii) another type of person prescribed under a regulation. 47

48. Identity card for authorised persons  The CEO must give each authorised person an identity card.  A single identity card may be issued for more than one stated authorisation  A person who stops being an authorised person must return the person’s identity card to the CEO within 21 days after stopping being an authorised person (Penalties apply)

49. Questions / discussions up to this stage?

50. Financial Planning and Accountability

51. 51

52. Financial Policies  Investment policy (a) the local government’s investment objectives and overall risk philosophy; (b) procedures for achieving the goals related to investment stated in the policy.  Debt policy (a) the new borrowings planned for the current financial year and the next 9 financial years; (b) the period over which the local government plans to repay existing and new borrowings.  Revenue policy.

53. Spending Policy  Entertainment and hospitality  Advertising - may spend money on advertising only if the advertising is to provide information or education to the public and is provided in the public interest  Procurement - the procurement policy must include details of the sound contracting principles that the local government will apply in the financial year for purchasing goods and services. Must be reviewed annually

54. Asset Management Plan  Critical to long term financial planning  Must prepare and adopt a long-term asset management plan continuing in force for the period stated in the plan unless a new plan is adopted  The period stated in the plan must be 10 years or more.

55. Long Term Asset Management Plan  Provides for strategies to ensure the sustainable management of the assets mentioned in the local government’s asset register  States the estimated capital expenditure for renewing, upgrading and extending the assets for the period covered by the plan  The plan is part of, and consistent with, the long-term financial forecast.

56. QAO - Results of audit: Local government entities 2012–13 “The valuation and depreciation of infrastructure assets remains the most significant financial reporting issue for the sector with high levels of valuation volatility continuing to be experienced. The key asset related figures reported in council financial statements indicate that councils are not replacing their assets as fast as they are consumed and, therefore, councils need to reconsider urgently their service delivery options, service delivery standards and proposed funding sources or they risk being financially unsustainable in the long term.”