Corporate Governance Framework - City of Wanneroo · Corporate Governance Framework 3 Foreword This framework sets out the governance principles and the standards for accountability

Corporate Governance Framework

3Corporate Governance Framework

ForewordThis framework sets out the governance principles and the standards for accountability that I expect of all staff and officers of the City of Wanneroo (City). It aims to provide a comprehensive but high level account of how the City applies the governance principles to achieve good governance.

Elected Members and all City employees must demonstrate a commitment to applying the governance principles in undertaking the duties of their roles. Effective governance arrangements, ethical leadership and decision making, accountability and role clarity underpin our governance controls.

This framework will help us to achieve and implement sound governance practices and will ensure our stakeholders and the Community can be confident in the integrity and good governance of the City and the quality of our services to the community.

Daniel Simms Chief Executive Officer

4 Corporate Governance Framework


Index1. Introduction ..........................................................8

2. Definitions ............................................................9

3. Local Government .................................................10

3.1 Role of Local Government ........................................... 10

3.2 Community Defined..................................................... 11

4. Governance in Local Government .........................12

4.1 Governance Defined .................................................... 12

4.2 Good Governance in Local Government ....................... 12

4.3 Good Governance in Practice ....................................... 12

5. Governance Principles ..........................................14

5.1 Principle One: Vision, Values And Culture ..................... 14

5.2 Principle Two: Roles, Responsibilities and Relationships ........................................................ 14

5.3 Principle Three: Decision-Making and Management ........................................................ 14

5.4 Principle Four: Accountability ....................................... 14

6. Corporate Governance Framework .......................15

7. Principle One: Vision, Values And Culture .............16

7.1 City’s Vision and Values ............................................... 16

7.2 Integrated Planning and Reporting Framework ............ 16

7.3 Annual Planning Process ............................................. 17

7.4 Culture ........................................................................ 17

7.4.1 Support for Frankness, Honesty and Questioning ....................................................... 17

7.4.2 Innovation .......................................................... 17

7.4.3 Effective Management Structures and Practices .................................................... 18

7.4.4 Communication .................................................. 18

7.4.5 Learning and Training ......................................... 18

7.4.6 Ethical Behaviour ............................................... 18

7.4.7 Codes of Conduct and Rules of Conduct .............. 18

7.4.8 Confidentiality .................................................... 19

7.4.9 Conflicts and Disclosure Of Interests ................... 19

7.4.10 Gifts ................................................................ 19

7.4.11 Induction Program ............................................ 19

8. Principle Two: Roles, Responsibilitiesand Relationships .................................................21

8.1 Roles .......................................................................... 21

8.2 Role of Council ............................................................ 21

8.2.1 Governing the City’s Affairs ................................. 21

8.2.2 Responsible for the Performance of the City’s Functions ................................................. 22

8.2.3 Overseeing the Allocation of the City’s Finances and Resources ........................... 22

8.2.4 Determining the City’s Policies ............................ 22

8.3 Role and Responsibilities of The Mayor ....................... 22

8.4 Role and Responsibilities of the Deputy Mayor ............ 23

8.5 Roles and Responsibilities of Elected Members ........... 23

8.6 Role and Responsibilities of The Chief Executive Officer.......................................... 23

8.6.1 Delegated Authority ............................................ 24

8.6.2 Differing Roles Between Council and CEO ............ 24

8.7 Working Relationships – Elected Member Obligations ........................................ 26

8.8 Working Relationship Between Mayor and Councillors ........................................................... 26

8.9 Working Relationship Between Mayor and CEO ........... 27

8.9.1 Communication .................................................. 27

8.9.2 Role Clarity ........................................................ 27

8.9.3 Effective Relationship ......................................... 28

8.10 Working Relationship Amongst Elected Members ...... 28

8.11 Working Relationship Between Elected Members, CEO And Employees .................................................. 28

8.12 Relationship and Contact Between Elected Members and Employees ............................. 29

9. Principle Three: Decision-Makingand Management..................................................31

9.1 Decision Making Forums ............................................. 31

9.1.1 Council Meeting Schedule .................................. 31

9.1.1.1 Council Forum Sessions ......................... 31

9.1.1.2 Council Briefing Sessions ....................... 31

9.1.1.3 Council Meetings ................................... 31


9.1.2 Committee Meetings .......................................... 32

9.1.3 Working Groups ................................................. 32

9.1.4 Agendas and Minutes ......................................... 32

9.1.5 Qualified Privilege .............................................. 33

9.2 Interests ...................................................................... 33

9.2.1 Financial Interest – Direct and Indirect ................. 34

9.2.2 Proximity Interest ............................................... 34

9.2.3 Interest That May Affect Impartiality ..................... 34

9.3 Financial Management ................................................ 35

9.3.1 Financial Management Planning and Principles .... 35

9.3.2 Annual Budget ................................................... 35

9.3.3 Financial Reporting ............................................. 35

9.3.4 Role of the Administration ................................... 36

9.4 Enterprise Risk Management ...................................... 36

9.5 Planning and Development Functions .......................... 37

9.5.1 Quasi Judicial Role ............................................. 37

9.5.2 District Planning Scheme .................................... 38

9.6 Legal Framework ........................................................ 39

9.6.1 Local Government Act 1995 ............................... 39

9.6.2 Delegation of Authority ....................................... 39

9.6.3 Executive Functions ............................................ 39

9.6.4 Policy ................................................................ 40

9.6.5 Local Laws ........................................................ 40

10. Principle Four: Accountability .............................42

10.1 Principle of Accountability ......................................... 42

10.2 Performance Management ........................................ 42

10.3 Compliance ............................................................... 42

10.4 Audit & Risk Committee ............................................ 43

10.5 Community Consultation and Engagement ................ 43

10.6 Records Management ............................................... 43

10.7 Legislative Obligations .............................................. 43

11. Review and Continuous Improvement ................45

References................................................................46



1. IntroductionThis Corporate Governance Framework provides a mechanism for the City to practice good governance in providing services and facilities, by proper and democratic government, to the broad range of people who have a stakeholder interest in the City, including residents, commercial and retail business, workers, and local, national and international visitors.

The practice of good governance is critical for ensuring that the:

• City meets its legal compliance obligations;

• Council and Administration acts ethically;

• City’s decisions are made in the interests of itsstakeholders and the community; and

City acts and behaves as a good corporate citizen. By implementing this Framework, the City will:

• provide clear guidelines for the roles of theCouncil, the CEO, and Employees and ensuringthat all responsibilities are properly allocated anddischarged by those accountable;

• develop a culture of best practice in relation togovernance processes;

• assist the Council and the CEO in deliveringgood governance;

• meet its compliance requirements;

• enable processes throughout the City bysetting guidelines for strategic planning; and

• provide an induction tool for new Employees.

The principles and practices of good governance and guiding documents set out the specific processes of decision making by which the City is directed, controlled and held to account. Good governance ensures that the City is able to manage its many complex responsibilities effectively in the best interests of the Community.

For the City to demonstrate good governance, there needs to be a clear understanding about responsibility and accountability. This Framework has been produced to set out the roles of Council, Elected Members, Administration and Employees, and their relationships, along with financial, legal and ethical considerations.

The Framework consists of four key principles required to achieve excellence in governance:

• Culture and Values.

• Roles and Relationships.

• Decision-making and Management.

• Accountability.

Each principle is divided into sub-categories where the theory of the principle is explained and then the way the theory is put into action at the City of Wanneroo.

This Framework has been developed with reference to documents previously produced regarding the concept and practice of good governance (please refer to the Reference section of this document).


2. DefinitionsCapitalised terms referred to in this Framework are defined in the table below:

Term Definition

Act Local Government Act 1995.

Administration The operational arm of the City which includes the Employees and is headed by the CEO.

CEO The Chief Executive Officer being the most senior officer in the Administration and who is directly accountable to the Council.

City The City of Wanneroo, including the Council and the Administration.

Community The entire population of the District and as the context requires includes those who work in, or visit the District for recreational or similar reasons.

Council The body constituting of all Elected Members sitting formally as a Council under the Act.

Councillor An individual Elected Member of a local government but does not include the Mayor.

Committee A formal committee of the Council established under legislation.

Council Meeting A formal meeting of Council conducted in accordance with the Act and applicable local law.

Corporate Business Plan A four year plan (which is updated on an annual basis) that can be considered a contract with the Community detailing how the City will deliver on the commitments set out in the Strategic Community Plan.

Director The senior position n the Administration directly responsible to the CEO and who are classified as “senior employees” in accordance with the Act.

District The land area encompassing the wards and suburbs that constitute the City of Wanneroo of district.

DPS2 City of Wanneroo District Planning Scheme No. 2

Elected Member An elected representative of the local government.

Employee An employee of the local government including casual or contract employees.

Executive The CEO and the Directors.

Framework This Corporate Governance Framework.

Long Term Financial Plan Long-term financial plan summarising the financial impacts of the objectives and strategies in the Strategic Plan.

Mayor A person elected by the community (or by the Council) to hold the position as the elected leader of the local government for a term as specified by the Act.

Stakeholders Individuals and organisations that have an impact on the strategic direction and decision-making processes of the City of Wanneroo.

Strategic Community Plan An overarching plan that provides direction for all activities that guides the development and provision of the City’s projects, services and programs over a ten year period.


3. Local GovernmentLocal government in Western Australia is established under the Local Government Act 1995 and is the third tier of government in Australia. Local government has legislative responsibility for many functions and activities that are relevant to a local community. As the level of government often seen as closest to the population, local government activities relate to matters that are fundamental to people’s lives and impact significantly on their quality of life.

Each local government is a corporate body, a legal entity with power to do things for the local community. A local government can also sue and be sued.

A local government is comprised of:

• a Council consisting of Elected Members;

• a Mayor; and

• the Administration that includes the CEO and Employees.

The Mayor and Councillors form the Council, and the following principles apply:

• Elected Members are able to exercise authority as the Council after they are formally sworn in and when they meet formally as the Council.

• All lawful decisions are made at the Council meetings or through delegated authority (to CEO or the Council’s Committees where applicable).

Employees are formally accountable to the Council through the CEO, whose role is detailed in section 5.41 of the Act, and includes but is not limited to:

• advising Council;

• implementing Council’s decisions;

• managing the services that the local government provides for its community; and

• being responsible for the day to day operations of the local government.

Except for the CEO who is appointed directly by Council, each and every other Employee is employed through the executive function of the CEO as set out in section 5.41 of the Act. Notwithstanding this, the position of Director has been designated as a senior employee in accordance with section 5.37(1) of the Act and the CEO is required to inform Council of any proposal to employ or dismiss a senior employee and Council is required to either accept or reject such proposal in accordance with section 5.37(2) of the Act.

3.1 Role of Local GovernmentIn order to consider the issues of good governance in local government, it is also necessary to consider the role and functions of local government. Local government has a number of fundamental roles:

3.1.1 Planning and Monitoring Achievement

Planning for the development and wellbeing of the community is a critical role for Council. The Act requires Councils to develop and adopt a ‘plan for the future’, which sets overall directions for the CEO through long-term planning. The Strategic Community Plan, Corporate Business Plan and the Long Term Financial Plan are strategic long-term plans. The strategic planning framework provides the direction for the ongoing management of Council’s activities.

3.1.2 Lawmaking and Enforcement

Local government make decisions in areas over which it has legislative authority but cannot duplicate or contradict Commonwealth or State law. Laws made by local government are called local laws and cover such issues as the activities permitted on public land, animal management (as set out in applicable legislative), and use of facilities and infrastructure.

Local government is also responsible for enforcing local laws and other legislation over which it has authority.

3.1.3 Policy Development

One of the most important roles of Elected Members is to participate in making policy decisions on behalf of the Community. An essential element of policy making is identifying Community needs, setting objectives to meet those needs, establishing priorities between competing needs, and allocating appropriate resources. A Council policy is a decision of the Council and sets out agreed views and decisions concerning a particular area of responsibility. Such policies provide Administration with guidance for the implementation of policy position and related processes. Council policies are drafted to allow Council to adopt policies in accordance with its role of providing strategic direction.


3.1.4 Representation

Individual Elected Members or the Council when formally meeting represent their constituents on matters of concern. Elected Members are to represent the interests of electors, ratepayers and residents of the District. Elected Members need to listen to and be interested in the wider community (not just the people in the ward who elected them).

3.1.5 Advocacy

Local government has a role advocating on behalf of its constituents to other levels of government, statutory authorities and other relevant parties who have responsibility for the matter.

3.1.6 Service Delivery

Council must ensure that services are delivered in the most efficient and effective manner. The Act provides autonomy to Councils to determine policies, with their communities, about the nature and level of services provided. The Council must ensure the delivery of quality services for which they have responsibility.

3.2 Community DefinedAn appreciation of the term “Community” is integral to an understanding of what constitutes good governance at a local government level. When discussed in connection with good governance the term is often used as though it is a homogenous entity and presupposes that there is a single community interest, community demand or community need.

The population of the City of Wanneroo consists of a large number of communities, for example, the business community, the visitor community and the resident community. These can be further broken down into subsets, which include the retail community, the developer community and the tenant community. Additionally, local communities can be defined by geographical area and in respect of the City, this covers a significant area.

Often such diverse communities do not share the same aspirations, goals and interests. One of the challenges for all levels of government but particularly local government which defines itself as being closest to the Community is how to govern so that different, and often competing, interests are recognised, addressed and managed.

When referred to in this Framework the term ‘community’ means the many groups, individuals and interests represented in the City of Wanneroo.


4. Governance in Local Government4.1 Governance DefinedGovernance is the process by which:

• decisions are made and implemented;

• an organisation achieves its goals and produces its outputs; and

• organisations are directed, controlled and held to account.

Governance encompasses the concepts of:

• Authority.

• Accountability.

• Stewardship.

• Leadership.

• Ethics and Values.

• Culture.

Democratic governance exists when a government governs for and on behalf of its community. Good democratic governance occurs when governments govern as a result of being elected providing the democratic basis, which is essential to an understanding of good governance in the local government sector.

Good governance involves providing:

• clarity of roles and responsibilities.

• robust systems which support both internal and external accountability.

• public access to information and decision-making processes.

4.2 Good Governance in Local GovernmentGood governance in local government combines the characteristics of governance and the definitions and roles of local government. For local governments this requires:

• Councils being elected by, representative of, and accountable to the community.

• Elected Members making decisions in the best interests of the residents of the local government District as a whole.

• Policies, procedures and programs reflecting the mandate Council has been given by their electors.

• Policy enactment arising from the Strategic Community Plan with appropriate performance management to assess Council’s progress.

• Community participation.

• Mayor and Councillors providing leadership to the community and reflecting the community’s collective aspirations.

• A management structure which implements the Council’s goals in accordance with Council’s priorities and approved budget.

• Provision of services which meet the community’s needs (sometimes in partnership with other levels of government, business or community organisations).

• Local government being well placed to facilitate coordination and integration at a local level.

• Cooperation between local governments.

4.3 Good Governance in PracticeGood governance needs to be practiced both within local government, and between local government and the community. Key considerations (both internal and external) include the following:


4.3.1 Internal Considerations

• Relationships are a key factor.

• Sound advice is crucial to good governance.

• Advice is provided through Council reports, Council Briefing Sessions, Council Forums and other means of communication.

• Good processes contribute to good decisions that are accountable and transparent.

• Elected Members need information in order to perform their duties. Processes need to be developed to meet the legitimate information requirements of Elected Members.

4.3.2 External Considerations

• To ensure that a Council and its community share a sense of direction and purpose, strategic planning is vital and involvement of all relevant stakeholders enables shared ownership of a common goal.

• Performance management enables local government to be accountable to its community. It assesses whether a local government has done what it said it would do with the resources with which it has been provided, and within the defined time frames.

• Balancing ‘community-wide’ and sectional interests is central to democratic governance.

• Accountability of a local government to its community is a key factor in good democratic governance.

• Good governance means a community feels engaged, knows what is going on, is included in decision making, and feels part of the governing process.

• Informed decisions are based on well-researched information, and some of the best information comes from the opinions of those who are affected by a decision or interested in an issue. Good consultation methods are needed to elicit these opinions.

• Enabling community leadership.

• Local governments need to lead or influence communities on particular issues.

• Communities expect good services and systems which is fundamental to good governance.


5. Governance PrinciplesThe following Principles provide the foundation for good governance and a means for assessing the extent to which good governance is occurring at the City of Wanneroo.

5.1 Principle One: Vision, Values and CultureThere is a positive culture, developed through promoting the corporate values, of openness and honesty, in which constructive and respectful questioning is encouraged and accountability is clear.

There is a clear vision and strategic plan that is produced through a comprehensive and inclusive process, which is owned by all sectors of the local government.

5.2 Principle Two: Roles, Responsibilities and RelationshipsThere is clarity about the roles of local government and there exists a robust and consistent approach to defining and implementing these.

There are effective working relationships that are promoted and supported within and between the Elected Members, CEO and Administration.

5.3 Principle Three: Decision-Making and ManagementThere are effective decision-making processes in place that reflect the transparency and accountability which underpin excellence in local government.

There should be robust and transparent financial management established and maintained to meet the City’s accountability to its stakeholders, particularly in terms of stewardship of community assets, both now and into the future.

An effective approach to the identification, assessment, monitoring and management of risks should be established and maintained.

Effective delegation of authority should be implemented and maintained.

5.4 Principle Four: AccountabilityThe City must account for its activities and have systems that support accountability. The City should have an active performance management system in place that enables Elected Members and management to be openly accountable for their performance.

The City should establish internal structures that provide for independent review of processes and decision-making to assist the Council meet its accountability to stakeholders.

Consultation should be undertaken that is appropriate to the scope and potential impact of the matter. Such consultation should respect the position and opinion of all stakeholders with the outcomes of the consultation considered when the decision is made and feedback should be provided to those who participated.


6. Corporate Governance FrameworkThe diagram represents the governance structure implemented at the City.

STAKEHOLDERS

Council

Chief Executive Officer

Executive Management Team

Governance Principles

Minister for Local Government

Community Groups

Ratepayers

Residents

Business

Legislative Framework

(Includes but not limited to)

• Local Government Act and Regulations

• Planning and Development Act and Regulations

VISION & CULTURE

DECISION MAKING &

MANAGEM

ENT

ACCOUNTABILITY

ROLES & RELATIONSHIPS

Clear Vision, Values and

Strategic Plan

Positive Culture

Effective Decision Making

Processes

Transparency

Financial Management

Risk Management

Legal Framework

Accountability for Activities

Performance Management

Compliance

Consultation

Clarity of Roles and

Relationships

Understanding and Agreement

on Roles

Governance Structure


7. Principle One: Vision, Values and Culture7.1 City’s Vision and ValuesThe City’s Vision is:

Inspired by our past, working to create a vibrant, progressive City, providing opportunity and investment to enable our growing communities to prosper.

The City’s Values underpin the way the City achieves its Vision and delivers the Strategic Community Plan. These Values include:

• Customer focused

• Improvement

• Accountability

• Collaboration

• Respect

7.2 Integrated Planning and Reporting FrameworkThe City has implemented the Integrated Planning and Reporting Framework (IPRF) to ensure integration of community priorities into strategic planning for Council, as well as implementation of the objectives that have been set from these priorities.

The IPRF requires each Local Government to have three levels of integrated strategic planning, informed and supported by appropriate resourcing and asset management plans. The key components of the IPRF are:

• Strategic Community Plan.

• Corporate Business Plan.

• Annual Operational/Service Unit Plan and Annual Budget.

The diagram below shows how all of the elements of the IPRF fit together to deliver the community aspirations:

Strategic Review (2, 4 years)

10+ YEARS

Vision

Strategic Community Plan

Annual Budget

1 YEAR

Quarterly Reports

Annual Report

4 YEARS

Corporate Business Plan

Long Term Financial Plan

Assets Management Plans

Workforce Plan

Issue or Area Specific Plans

http://www.wanneroo.wa.gov.au/info/20003/council/246/integrated_planning_and_reporting_framework

http://www.wanneroo.wa.gov.au/info/20003/council/246/integrated_planning_and_reporting_framework


The City’s Strategic Community Plan articulates the highest level of direction for the City for the coming ten years. It is an overarching plan that aims to achieve better leadership and decision making with greater Community participation.

The IPRF ensures that programs and services are being delivered in alignment with the strategic priorities of the organisation. The Strategic Community Plan is the key document within the planning framework as it outlines these strategic priorities or ‘key focus areas’ of:

• Civic Leadership

• Environment – Natural – Built

• Economy

• Society

The City’s Corporate Business Plan is responsible for driving internal operational activities, which are developed in line with the priorities set in the Strategic Community Plan. Internally focused priorities that support the Corporate Business Plan are not included in the Strategic Community Plan because of their internal operational nature.

High-level plans enable key focus areas in the Strategic Community Plan to be more comprehensively articulated. Actions in these plans are measured against key performance indicators, which enable the City and the Community to gauge success in the implementation of strategic objectives.

The City’s Integrated Planning Framework (which includes the City’s Strategic Community and Plan and Corporate Business Plan) may be accessed through the link above.

7.3 Annual Planning ProcessThe City’s Annual Budget and Corporate Business Plan are adopted by the Council each year, and focus on the City’s actions to be achieved within each of the Strategic Community Plan strategies and form the basis of the City’s Capital Works Program and Long Term Financial Plan. Financial information relating to capital works projects can be accessed from the City’s Annual Budget.

This process assists in meeting the requirements of the Act for a plan for the future. This includes community consultation undertaken by the City as an integral part of its planning and decision making processes, to ensure that diverse and changing needs of the public, including residents, ratepayers and the wider community are considered and met.

Quarterly progress reports against the Corporate Business Plan are provided to the City’s Audit & Risk Committee with a full assessment of the City’s progress in relation to the achievement of pre-determined milestones for major projects and programs. Full progress reports against the Capital Works Program are provided at the same time as Corporate Business Plan progress reports to the City’s Audit & Risk Committee.

7.4 CultureA positive culture promotes openness and honesty, makes accountability and responsibility clear and encourages debate on important issues. An organisation seeking excellence in governance should have the following elements in its organisational culture:

7.4.1 Support for Frankness, Honesty and Questioning

Elected Members are to debate issues openly and honestly. Employees are to provide frank and timely advice to the CEO and Executive, and the CEO and Executive will provide sound and frank advice to Council and Elected Members.

7.4.2 Innovation

The City considers new and better ways of going about its business in the achievement of its goals, through innovation which will be assessed critically by using appropriate risk management and other analysis.

The City has dedicated itself to encouraging a climate of innovation and continuous improvement and has adopted the Australian Business Excellence Framework as the principal means by which to assess the City’s progress towards achieving its goals.


7.4.3 Effective Management Structures and Practices

The City has implemented a management structure that meets its goals and needs and the structure characterised by efficient and effective use of human resources and clear accountability.

Management practices reinforce accountability and outcomes and incorporate the nurturing of Employees’ capacities to undertake their role and discharge their duties.

7.4.4 Communication

The City has effective communications policies and practices, internally and externally, and be open to, and encourage, feedback from all Stakeholders.

7.4.5 Learning and Training

The City invests in training both for Elected Members and Employees and the learning will be focused on what is required to achieve organisational goals.

Training for Elected Members is important and will be offered to Elected Members to assist in the development of skills required to fulfil their roles properly.

This is supported through the City’s Learning and Development Policy and the City’s Council Members Fees Allowances Reimbursement Benefits Policy.

7.4.6 Ethical Behaviour

Good governance is characterised by honesty and integrity. Elected Members and Employees must behave in a way that generates community trust and confidence in them as individuals and enhances the role and image of both the Council and City generally.

For the Community to have confidence in those who govern and participate in the governance process, the community must have trust that the local government is acting for the common good. The Community need to believe that governance is characterised by honesty and integrity and that those in local government will behave accordingly.

Elected Members and Employees are expected to own and adhere to the respective applicable Codes of Conduct and the City’s Values of:

• Customer focused

• Improvement

• Accountability

• Collaboration

• Respect

7.4.7 Codes of Conduct and Rules of Conduct

The Act requires that every local government shall prepare or adopt a Code of Conduct to set out the standards of behaviour expected to be observed by all Elected Members, Committee Members and Employees.

The City of Wanneroo has adopted:

• Code of Conduct for Employees; and

• Council Members Code of Conduct

Each of which outlines the principles, values and behaviours expected of all Employees and Elected Members as applicable. The Codes are not intended to control or prohibit the actions of Elected Members or Employees, but simply to document the standards of conduct expected of all who serve the community.

The Local Government (Rules of Conduct) Regulations 2007 provides a disciplinary framework to deal with individual misconduct by Elected Members. The Rules of Conduct provides a mechanism to take action against individual Elected Members where they do not comply with the ‘rules’ or they contravene particular laws applying to them.

The Rules of Conduct prescribe the following uniform rules of conduct for Elected Members in relation to:

• Standards of general behaviour.

• Use of information.

• Securing unauthorised advantages or disadvantages.

• Disclosing certain interests (not financial).

• Restricting receiving, and disclosure of, certain gifts.

These Rules of Conduct do not limit the provisions within the City’s own adopted Code of Conduct, however, the Rules of Conduct as specified in the regulations as well as the City’s Standing Orders Local Law (relating to meeting procedures and conduct) are enforceable and disciplinary action can be taken for any breach.

http://www.wanneroo.wa.gov.au/downloads/file/1864/council_members_fees_allowances_reimbursements_and_benefits_policy

http://www.wanneroo.wa.gov.au/downloads/file/1864/council_members_fees_allowances_reimbursements_and_benefits_policy

http://www.wanneroo.wa.gov.au/downloads/file/15/code_of_conduct_-_elected_members_policy

http://www.wanneroo.wa.gov.au/downloads/file/146/standing_orders_local_law_2008



7.4.8 Confidentiality

Local government business involves vast amounts of confidential information. This information could relate to commercial matters, individual citizens and legal issues.

Each of the Council Members Code of Conduct and the Code of Conduct for Employees expressly state that the confidentiality of any and all confidential information must be maintained unless determined otherwise.

Elected Members, Committee members and Employees must not use confidential information to gain improper advantage for themselves or another person or body in ways which are inconsistent with their obligation to act impartially in the public interest; or to improperly cause harm, detriment or impairment to any person, body, the Council or the City.

7.4.9 Conflicts and Disclosure of Interests

Elected Members, Committee members and Employees must comply with the requirements for the disclosure of interests as described in the Act.

Elected Members and Employees should ensure that there is no actual or perceived conflict or incompatibility between the important fulfilment of their public or professional duties and either their personal interests, or those persons closely associated to them.

Supporting policies are the City’s Conflict of Interest Policy and Management Procedure.

And the City’s Secondary Employment Policy and Secondary Employment and Private Activity Management Procedure.

7.4.10 Gifts and Benefits Policy

The City’s Code of Conduct and Conflict of Interest and Gifts and Benefits Policy and Management Procedure contain provisions that Employees shall not seek or accept (either directly or indirectly) any immediate or future gift, reward, donation, hospitality or benefit (referred to generically as gifts for the purposes of this Framework) for themselves or for any other person or body as a result of their employment with, or appointment to a committee of, the City.

If any gift, reward or benefit is offered (other than gifts of a token kind, or moderate acts of hospitality), disclosure must be made in a prompt and full manner and noted in the appropriate register.

7.4.11 Induction Program

The City’s positive culture is communicated to Elected Members and Employees through effective induction programs.

Induction and training for Elected Members is provided to assist in understanding local government, governance in local government and how to operate effectively to produce good outcomes for their community. The Induction Program focuses on:

• The complementary roles of Elected Members and Employees.

• Working relationships.

• Decision making processes.

• Responsibility, accountability and delegation of authority.

• Code of Conduct.

• Organisational values and culture.

The City’s Induction Management Procedure supports an effective staff induction program.



8. Principle Two: Roles, Responsibilities and Relationships8.1 RolesAn appreciation and understanding of the different roles of Council, the Mayor, Councillors, the CEO and Employees, and strong communication and cooperation between all underpins good governance at the City of Wanneroo. The relationship between Elected Members and the CEO must respect the diversity of opinion and the rights of all points of view to be heard with courtesy and respect.

The City recognises that the Mayor has a general leadership role. The Act recognises the role of the Mayor, as the spokesperson for the City, to carry out civic and ceremonial functions of the mayoral office, and to preside at meetings of the Council in accordance with the City’s Standing Orders Local Law. The City places great importance on the role of the Mayor as Presiding Member of the Council to facilitate good decision-making.

The City recognises the importance of the Mayor’s leadership role in respect of ensuring good governance. Part of the Mayor’s role is to ensure that all Councillors are a part of the decision-making process, and help Councillors to balance their accountabilities to their constituents, the Community as a whole and to the Council.

The Mayor should also facilitate good relationships between the Councillors and Administration and help to create an environment where good communication, systems and processes can thrive.

Elected Members are to focus on outcomes, policy and strategy and in so doing are expected to:

• Represent and advocate on behalf of their constituents at the Council level.

• Facilitate communication between Council and the Community.

• Debate the issues in an open, honest and informed manner to assist the decision making process.

• Keep the entire Community in mind when considering and addressing issues and focus on the ‘big picture’.

• Educate and involve the Community in all local government activities and processes.

• Work together, cooperate and respect diversity.

• Provide model leadership and good governance.

Council recognises the CEO’s role in managing the organisation to achieve the goals and strategies endorsed by Council, and the CEO is expected to fulfil these duties in such a way that promotes an organisational culture of openness, accountability, fairness and good communication.

The Act sets out a framework for the way in which local governments in general are to operate. It specifies the roles and responsibilities that are to be undertaken within each local government.

The City’s Standing Orders Local Law may be accessed through the following link:

Standing Orders Local Law 2008

8.2 Role of CouncilIn accordance with section 2.7 of the Act, the Council is charged with the following responsibilities:

• Governing the City’s affairs.

• Responsible for the performance of the City’s functions.

• Overseeing the allocation of the City’s finances and resources.

• Determining the City’s policies.

8.2.1 Governing the City’s Affairs

This role encompasses strategic planning mechanisms to ensure the continued sustainability of the organisation, the setting of strategic goals for the organisation and the monitoring of the City’s performance against these strategic goals.

http://www.wanneroo.wa.gov.au/downloads/file/146/standing_orders_local_law_2008http://


8.2.2 Responsible for the Performance of the City’s Functions

This role determines that Council has ultimate responsibility for the performance of the City’s functions. Council can exercise this responsibility through the development of appropriate governance frameworks including delegations of authority, the determination of an appropriate organisational structure, the provision of services and facilities, and regular reporting against objectives. Council also appoints and undertakes the annual performance review of the CEO.

8.2.3 Overseeing the Allocation of the City’s Finances and Resources

The Council exercises this role by overseeing and adopting the City’s Long Term Financial Plan, Annual Budget, Capital Works Program, Strategic Workforce Plan and Strategic Asset Management Plan. Council is advised by the CEO and Employees who are responsible for the professional development of appropriate financial controls and strategic documents.

8.2.4 Determining the City’s Policies

The role of Council in setting policy is most effective when it is linked with a professional organisation that implements these policies through the development of appropriate management practices and work processes. The policies of the Council provide the direction for the ongoing management of Council activities.

The general function of local government is ‘to provide for the good government of persons in its district’. This general function is the basis of the City of Wanneroo’s powers.

8.3 Role and Responsibilities of the MayorNotwithstanding that there are a number of provisions within the Act outlining the role and functions of the position of Mayor, it is important to note that the Mayor is a key public official who also performs an important function in ensuring good governance and represents the views and directions of the Council.

Section 2.8(1) of the Act defines the role of the Mayor as follows:

The Mayor:

a. Presides at meetings in accordance with the Act.

b. Provides leadership and guidance to the community in the district.

c. Carries out civic and ceremonial duties on behalf of the local government.

d. Speaks on behalf of the local government.

e. Performs such other functions as are given to the Mayor or President by the Act or any other written law.

f. Liaises with the CEO on the local government’s affairs and the performance of its functions.

The Mayor, even though elected by the community, has the following additional responsibilities, which are similar to Councillors and outlined in section 2.10 of the Act:

a. Represents the interests of electors, ratepayers and residents of the district.


c. Facilitates communication between the community and the Council.

d. Participates in the local government’s decision-making processes at Council and Committee meetings.

e. Performs such other functions as are given to an Elected Member by the Act or any other written law.

The roles and duties of the Mayor can be categorised as:

• Governance.

• Presiding Member of Council.

• External relations.

• Spokesperson for the Council.

• Supporting the Community.

• Civic and Ceremonial.

The ‘Governance’ and ‘Presiding Member of Council’ functions of the Mayor are critical to ensuring good governance as they include leadership of the City and the Community, and ensuring that the decision-making processes are fair, equitable and inclusive.


The Mayor supports good governance by modelling good behaviour and ethics in fulfilling the leadership role and is pivotal in both the pursuit and demonstration of good governance.

A very specific role that the Mayor has is in representing and advocating the decisions of the Council and section 2.8(1)(d) of the Act provides that the Mayor speaks on behalf of the City. The position of Mayor is pre-eminent and when speaking on behalf of the City, must articulate the views and decisions of Council. The Mayor must put aside their individual views and clearly outline the views of Council in an all-inclusive way.

8.4 Role and Responsibilities of the Deputy MayorIn accordance with section 5.34 of the Act, the Deputy Mayor may perform the functions of the Mayor if the:

a. office of the Mayor is vacant; or

b. Mayor is not available or is unable or unwilling to perform the functions of the Mayor.

8.5 Roles and Responsibilities of Elected MembersThe Act and relevant Regulations set out the legislative framework within which the Elected Members operate and from where they derive specific details of their roles and responsibilities.

It is important to note that an individual Elected Member, unless delegated, as a part of a Committee arrangement, has no authority to participate in the day-to-day management or operations of the City, including making any form of representation on behalf of the City.

Further, Elected Members have no direct authority over Employees with respect to the way in which an Employee undertakes their duties.

In accordance with section 2.10 of the Act, the role of Councillors is set out as follows:

A Councillor:

a. Represents the interests of electors, ratepayers and residents of the district.


c. Facilitates communication between the community and the Council.

d. Participates in the local government’s decision-making processes at Council and Committee meetings.

e. Performs such other functions as are given to a Councillor by the Act or any other written law.

The Council and Elected Members have a number of roles to undertake and they must do this with the support of the CEO. One of the challenges for good governance in respect of an Elected Member is to be provided with the opportunity to raise specific issues so as to get a fair hearing. Many of these issues may have been the platform on which an Elected Member was elected. The Mayor and CEO all have an important role to play in this process as well as the fellow Elected Members.

8.6 Role and Responsibilities of the Chief Executive OfficerIn accordance with section 5.41, the functions of the CEO are:

a. Advise the Council in relation to the functions of a local government under the Act and other written laws.

b. Ensure that the advice and information is available to the Council so that informed decisions can be made.

c. Cause Council decisions to be implemented.

d. Manage day to day operations of the local government.

e. Liaise with the mayor or president on the local government’s affairs and the performance of the local government’s functions.

f. Speak on behalf of the local government if the Mayor or President agrees.

g. Be responsible for the employment, management supervision, direction and dismissal of other employees (subject to section 5.37(2) in relation to senior employees.

h. Ensure that records and documents of the local government are properly kept for the purposes of the Act and any other written law.

i. Perform any other function specified or delegated by the local government or imposed under the Act or any other written law as a function to be performed by the CEO.


The CEO has a statutory responsibility to manage the organisation through the implementation of goals and strategies that have previously been approved by the Council.

The most important role the CEO plays in promoting good governance is through the development of a culture whereby the Elected Members and the Council, as the peak decision making body, and the Administration exists to support the Council in the delivery of good governance.

A key accountability of the CEO is financial management and notwithstanding that Council has overall accountability, the Administration (as led by the CEO) has critical responsibilities for managing the organisation soundly from a financial perspective and reporting such results to the Council.

8.6.1 Delegated Authority

The Act enables the Council to delegate in writing to the CEO, the capacity to exercise any of its powers or duties, with the following exceptions (see section 5.43 of the Act):

a. Actions in which a decision of an absolute majority or a 75% majority of the Council is required.

b. Acceptance of a tender, which exceeds an amount as determined by the Council.

c. Appointment of an auditor.

d. Acquisition or disposal of any property valued at an amount exceeding an amount determined by the Council for the purposes of this paragraph.

e. Any of the Council’s powers under Sections 5.98, 5.99 or 5.100 (determining fees, allowances and expenses of members and Committee members).

f. Borrowing money on behalf of the City.

g. Hearing or determining an objection of a kind referred to in Section 9.5.

h. Carrying out any power or duty that requires the approval of the Minister or the Governor.

i. Such other powers or duties as may be prescribed.

Delegations of authority are required in order to provide Employees with the power to exercise duties and make determinations. It is essential that the delegations of authority are performed in a manner that is in accordance with this Framework, Council policy and is compliant with the relevant legislation. The City is required to keep records on the exercise of its delegations.

In accordance with the Act, both the Council and the CEO are given certain functions and duties to be discharged. Council may delegate authority to perform some of its functions and duties to the CEO.

Where legislation provides for such, the CEO may delegate to any other Employee the authority to perform functions and duties that are exercisable by the CEO under the Act or that have been delegated to the CEO by the Council (with the exception of the power to delegate).

Employees are responsible to the CEO and the CEO is responsible to Council. The implementation of Council decisions and instructions are conducted by the CEO, who may delegate some of this responsibility to other Employees.

All delegations of authority by the Council must be reviewed on an annual basis.

The use of delegated authority means that routine matters can be acted on promptly and this facilitates efficient service delivery to the Community. Delegated authority also allows Council to concentrate on policy development, representation, strategic planning, and Community leadership.

8.6.2 Differing Roles between Council and CEO

The CEO is responsible for:

• Putting in place appropriate systems to achieve accountability and integrity.

• Implementing and maintaining a management structure which can achieve Council’s Vision and strategic objectives.

• Managing relationships between the various elements in the local government.

• Ensuring that the organisation is staffed by suitably qualified and motivated Employees and that policies are in place that promotes this and managing Employee performance.

• Ensuring that Employees are aware that the Administration is working for a democratically elected Council and that Council decisions form the basis for the Administration’s activities and the services that the City provides.


The table below set outs the separation of roles between the Council (directing and controlling the affairs of the local government) and the CEO (managing day-to-day operations):

Council CEO

Sets direction and strategy Provides professional and technical advice to the Council

Ultimate responsibility for the performance of the City’s functions

Implements the decisions of Council

Decide on matters of policy Liaises with the Mayor

Ensure that services and facilities are integrated with and do not unnecessarily duplicate other public services

Manages the day-to-day operations

Oversee the allocation of the City’s finances and resources Responsible for the employment and management of Employees

Monitor performance through the CEO to ensure efficiency and effectiveness in service provision

CEO prepares reports to Council and makes recommendations based on expert advice

Mayor to liaise with the CEO and preside at Council Meetings


8.7 Working Relationships – Elected Member ObligationsElected Members are members of a team, elected by their communities to work collectively in the interest of the whole Community. The achievement of sound outcomes for the local area is dependent on a mature and constructive working relationship between Elected Members.

Elected Members should behave in a manner that generates Community trust and confidence in them as individual Elected Members and enhances the role and image of both the Council and the City generally. Elected Members are expected to

• Conduct their ongoing relationship with other Elected Members, Council Employees and the Community with respect and courtesy.

• Act within the law at all times.

• Act in good faith and not for improper or ulterior motives.

• Act in a reasonable, just and non-discriminatory manner.

• Undertake their role with reasonable care and diligence.

The City has adopted the Council Members Code of Conduct which represents a public declaration of the principles of good conduct and standards of behaviour that the Council agrees individual Elected Members are required to conform to in undertaking and carrying out their role. The Council Members Code of Conduct also provides guidance to Elected Members about carrying out their duties and responsibilities.

8.8 Working Relationship between Mayor and CouncillorsThe relationship between the Mayor and Councillors is critical to good governance. An effective relationship between the Mayor and Councillors will help to promote the successful delivery of the Strategic Community Plan and the credible and good reputation of the City.

The most important aspects of the Mayor/Councillor relationship are as follow:

• The Mayor is the Presiding Member of the Council and this role should be respected by all Councillors.

• The Mayor should facilitate an inclusive approach to decision-making and involvement in Council activities in general.

• The Mayor should assist Councillors to have their issues considered by the Council.

• The Mayor should take some responsibility for Elected Member training and development and should work with the CEO to ensure that Elected Members receive necessary training opportunities.

• The Mayor is a source of assistance for Councillors and also has the responsibility for facilitating resolution of any disputes between Councillors.

The Mayor, as the Presiding Member of the Council, has an integral and influential role both within the meetings and outside of the formal decision making process by facilitating and encouraging all points of view to be expressed and respected. This ensures that Elected Members who may not have their point of view supported by the majority, can be satisfied that they have been given a fair hearing and the process is transparent.

Through this facilitation role, the Mayor can manage conflict and differing opinions in a constructive manner. The complexity and diversity of opinion in the Community, and therefore of Elected Members, can be made to work in the broader interest of the City as a whole, rather than be a source of division.

The Mayor is also a first point of contact for Councillors who wish to achieve a particular goal. By advising, supporting and facilitating negotiations, the Mayor can assist this process considerably, and in so doing, assist Councillors to meet their accountabilities to their communities.




This advisory and support role of the Mayor is possibly the single most important contribution to good governance a Mayor can make. It requires great skill and experience and as such, is critical to the overall operation of Council.

The Mayor’s role of presiding at all meetings of the Council is an onerous one in order to achieve a balance of opinion and an outcome that demonstrates leadership by the Council in the Community. The most important aspect of the role is a good understanding of meeting procedures and a detailed knowledge of the City’s Standing Orders Local Law. This will enable the Mayor to provide impartial interpretations and to ensure the smooth flow of the meeting.

As a community leader the Mayor represents the Council at many civic and ceremonial functions including the role as “host” of many Council activities. The Mayor must be familiar with etiquette and protocol arrangements and familiarise themselves with the expectations of greeting guests in a formal manner. Any speeches made on these occasions should not be used to present a point of view contrary to a decision of Council.

8.9 Working Relationship between Mayor and CEOThe Mayor and CEO work closely together and the relationship should be characterised by openness with good communication, ensuring that each of the Mayor and CEO keep the other informed about important and relevant issues.

The functions of the CEO are outlined in section 5.41 of the Act. Specifically, two of these functions relate to the CEO’s relationship with the Mayor:

e. Liaise with the Mayor or President on the local government’s affairs and the performance of the local government’s functions.

f. Speak on behalf of the local government if the Mayor or President agrees.

Both the Mayor and CEO have a role to liaise with each other in respect of the City’s affairs and the performance of the City’s functions. They also have a crossover of responsibilities in relation to speaking on behalf of the City. It is acknowledged that the role of speaking on behalf of the City rests with the Mayor however there are occasions when it is considered prudent for this function to be undertaken by the CEO which can be determined between the Mayor and t he CEO.

It is crucial that the Mayor and CEO develop a clear, robust relationship and understand the limits of each other’s authority.

The Act is silent in respect of how the liaison is to occur and as such the Mayor and the CEO are to adopt an approach that suits their circumstances. Providing that the overall essential principles of having a large degree of trust in each other and respecting each other’s opinion and role are in place, effective communication will be facilitated that will ensure good governance is achieved.

The essential principles for an effective Mayor/CEO relationship are:

8.9.1 Communication

• Both parties are in a position to brief and inform the other about information each is privy to and which would assist the other in doing their job. Deciding on what information is important and what should be passed on to each other must be negotiated and understood.

• Regular meetings – over and above those scheduled to discuss specific issues or problems are necessary to enhance planning and communication.

• The ’no surprises’ principle should apply. The Mayor and CEO should brief one another so that neither is caught off guard within other forums.

8.9.2 Role Clarity

• The Mayor and the CEO need to understand and respect one another’s role. A clear understanding of their different roles is absolutely crucial and should be a subject of ongoing discussion.

• There is a differential of power, which should be acknowledged. While the Mayor has status and leadership capacity, the position has no direct authority in its own right. On the contrary, the CEO has direct authority through the Act. It can be frustrating for the Mayor and Councillors that they cannot just ’fix’ problems that come to their attention, while the CEO has this capacity.



8.9.3 Effective Relationship

Features of a good and effective relationship between the Mayor and the CEO include:

• The need to work closely together and put energy into achieving a good working relationship.

• A relationship characterised by consistency, openness and good communication.

• Each has the responsibility to keep the other informed about important and relevant issues. Open communication ensures that an understanding develops about what is important and relevant.

• An understanding that each has different roles and authorities. While the Mayor is the leader of the City, this position has no specific authority while the CEO has particular authorities under the various sections of the Act.

• The need for the relationship between the Mayor and the CEO should aim to facilitate involvement and inclusion amongst the Elected Members and Administration. It does not seek to concentrate power in the relationship.

• Consistent communication and regular fixed meetings.

8.10 Working Relationship amongst Elected MembersAll Elected Members have issues of particular concern and interest to them. Given the open nature of the local government system and the absence of political structures (which exist at the State, and Federal levels of government), Elected Members must work together to achieve satisfactory outcomes.

Acknowledging this interdependency, Elected Member relationships should be characterised by mutual respect and an acknowledgement that, while they may not agree on all issues, they are all doing important, and often difficult work.

At times, the very nature of local government leads to conflict and how such conflict is resolved has implications for good governance. The role of the Mayor, together with an appreciation of the particular dynamics at play, should assist in facilitating good governance.

In respect of behaviour in the Council Chamber, Elected Members should model good constructive relationships and show personal respect for one another. There is no requirement to agree with every Elected Members’ opinion, however there is the need to respect those opinions and allow other Elected Members to freely express their opinions.

Elected Members need each other to achieve their individual and collective goals. Effective relationships between Elected Members assist in achieving a successful Council, a pleasant working environment and a Council with public credibility.

Features of an effective relationship are:

• While they may have different views, Elected Members should treat each other with respect and courtesy.

• Disagreements, if they must be aired, should be expressed in ways that are not personal attacks, and do not cause detriment to individual Elected Members or the Council as a whole.

• Elected Members should not undermine each other, either within the local government or in public.

• Elected Members must have effective working relationships in order to succeed individually and collectively.

8.11 Working Relationship between Elected Members, CEO and EmployeesIt is critical to good governance in local government to maintain an appropriate relationship between the Elected Members and the CEO and Employees.

Elected Members need support to manage pressures in such a way that their constituents feel their issues or concerns are being heard, but appreciate that their demands cannot always be met. Advice and support on consultation and engagement, good systems that refer complaints and queries to the relevant area for resolution, and responsive services and processes all assist in furthering good governance.

Elected Members must have a clear understanding that the role of the CEO and Employees is to implement Council’s goals, policies, strategies and services and to advise and support the Council.


The CEO and Elected Members must be in regular contact about issues, problems and information. As with the Mayor/CEO relationship, a level of trust needs to be fostered which in turn, is based on good communication and understanding of each other’s roles and functions.

A number of factors contribute to a good relationship between Elected Members and the CEO and Employees including:

• Goodwill.

• A clear understanding of each other‘s roles.

• Good communication.

• Agreed structures and protocols.

• An appreciation of legislative requirements.

• Clear delegations.

It is crucial that appropriate channels for information, discussion and consultation be developed to allow for the legitimate interest the Elected Members have in the role of the CEO and the Employees, and the legitimate interest of the CEO and employees in the role of the Elected Members.

8.12 Relationship and Contact between Elected Members and EmployeesIndividual Elected Members should not seek to foster special relationships with Employees for the sole purpose of seeking information that may not otherwise be available to all Elected Members. Elected Members and Employees are entitled to privacy and protection from inappropriate behaviour. This includes unauthorised access to the City’s administration area.

Elected Members and Employees must consider the following:

• Elected Members need to understand that accountable advice must go through an organisational process. Advice must be sought through the CEO, Directors or Managers (as appropriate) and Elected Members should not seek advice from other Employees as the Employee may have a particular interest in promoting the issue, but may not be in command of the full facts of the issue.

• Employees are accountable, through the CEO, to the whole Council. They are not accountable to individual Elected Members and are not required to take direction from them.

Regulation 10 of the Local Government (Rules of Conduct) Regulations 2007 deals with relationships between Elected Members and Employees as follows:

1. A person who is a Council member must not —

a. direct or attempt to direct a person who is a local government employee to do or not to do anything in the person’s capacity as a local government employee; or

b. attempt to influence, by means of a threat or the promise of a reward, the conduct of a person who is a local government employee in the person’s capacity as a local government employee.

2. Subregulation (1) does not apply to anything that a Council member does as part of the deliberations at a Council or Committee meeting.

3. If a person, in his or her capacity as a Council member, is attending a Council meeting, Committee meeting or other organised event and members of the public are present, the person must not, either orally, in writing or by any other means —

a. make a statement that a local government employee is incompetent or dishonest; or

b. use offensive or objectionable expressions in reference to a local government employee.

4. Subregulation (3)(a) does not apply to conduct that is unlawful under The Criminal Code Chapter XXXV.



9. Principle Three: Decision-Making and ManagementDecision-making is the most important activity undertaken by Council. Effective decision making processes increases the likelihood that the decisions are made in the best interests of the entire Community and District as a whole.

The City has an effective and efficient strategic planning process in place to ensure that Council decisions, strategies and policies are properly implemented.

The CEO is responsible for ensuring that Council receives quality and timely reports with all the necessary information, options and clear recommendations, including financial impacts and any associated risks in respect of any decision that Council is required to make.

9.1 Decision Making ForumsThe Council is a corporate body and as such it can only make decisions by resolution, that is, a motion has to be put to a properly convened meeting and passed by the required majority in accordance with the requirements of the Act and the City’s Standing Orders Local Law. It is the fundamental statutory obligation and duty of an Elected Member to vote on every item of business discussed at Council Meetings.

Except where Council has granted a Committee with delegated authority, there are no other circumstances in which Council can make a decision or pass a resolution.

The decisions made by Council at formal Council meetings provide the direction and authority for the ongoing operation of the City and provide direction to the CEO to act and implement the decisions of Council.

9.1.1 Council Meeting Schedule

Council operates a four weekly meeting cycle, (except in January when Council is in recess) as follows:

9.1.1.1 Council Forum Sessions

During weeks 1 and 2, the Elected Members meet in an informal forum to facilitate two-way communication between Elected Members and Employees on strategic, policy, contemporary and/or complex issues. The Forum Sessions are open to all Elected Members and the CEO, Directors and any other Employees (whose attendance is required for specialist advice) are required to attend subject to determination by the CEO.

Forum Sessions are not open to members of the public.

9.1.1.2 Council Briefing Sessions

During week 3, the Elected Members meet in a formal forum whereby the Administration provides a briefing to Elected Members on the agenda items to be presented at the forthcoming Council Meeting. No decisions are made at Briefing Sessions. Briefing Sessions are open to the members of the public, and question and statement time is permitted. Questions and statements must relate to an item on the current agenda.

Elected Members, the CEO and Directors attend all Briefing Sessions. Other Employees may be required to attend as required and determined by the CEO or the relevant Director.

9.1.1.3 Council Meetings

Council Meetings are formal meetings of Council as defined under the Act and must be open to the public except for certain circumstances whereby the Council Meeting may be closed to the public in accordance with section 5.23(2) of the Act. In order to promote transparency and accountability required for good governance these provisions should be applied as infrequently as possible.

Good decision making at a Council Meeting is enhanced when the meeting is conducted in accordance with the City’s Standing Orders Local Law. This requires a clear, detailed and informative agenda, good chairing and facilitation, adherence to meeting procedures and adherence to statutory requirements. Council demonstrates a strong commitment to the


principle of Council meetings being open to the public so that they are fully informed and, where appropriate, involved in the decisions and affairs of the Council.

A member of the public may request to present a deputation to the Elected Members relating to an item on the Council Meeting agenda and question and statement time is permitted. Questions and statements must relate to the business of the City.

Elected Members, the CEO and Directors attend all Council meetings. Other Employees may be required to attend as required and determined by the CEO or the relevant Director.

9.1.2 Committee Meetings

In accordance with section 5.8 of the Act, Council may establish Committees to assist Council and to exercise the powers and discharge the duties of Council that can be delegated to the Committee.

The work of Committees is significant in local government due to the wide range of activities and functions of the Council. Committees report to the Council and are subject to the requirements of the Act.

When Council establishes a Committee comprising Elected Members, it must determine the reporting and other accountability requirements that are to apply in relation to that Committee.

Council can establish Committees to:

• Inquire into matters and to provide and make recommendations to the Council on matters within the Council’s responsibilities.

• Carry out a specific project or task on behalf of the Council.

• Exercise, perform or discharge delegated powers, functions or duties.

9.1.3 Working Groups

Council has established a number of Working Groups to provide a vehicle for facilitating and improving community input and participation in the City’s decision-making processes. The role of a Working Groups is to facilitate greater community consultation in accordance with the Act. Working Groups comprise community representatives and are resourced by the City.

Working Groups that are established by the Council provide Council with the opportunity to obtain the views of community representatives and enable Elected Members and Employees to network with a wide range of community representatives on issues of common interest. This opportunity to obtain such views serves to assist Council to address strategic issues and priorities.

In effect, Working Groups act as advisory bodies to Council by enabling the community to have a clearly defined mechanism for communication with Council.

The register of the City’s current internal Committees and Working Groups is available on the City’s Web Site.

9.1.4 Agendas and Minutes

Agendas are made available to Elected Members and the public before the Briefing Sessions and Council Meetings. In most circumstances, agendas of the various Committees of Council are also available.

Agendas are comprised of reports prepared by Employees and are structured to include information on the Issue, Background, Detail, Consultation, Comment, Statutory Compliance, Strategic Implications, Risk Management Considerations, Policy Implications, Financial Implications, Voting Requirements and Recommendation in respect of the subject matter of the report. All reports are the professional advice of Employees and contain recommendations from the CEO. The decision to adopt, amend or reject a recommendation rests with the Council.

Unconfirmed Council minutes are to be made available to the public within 7 days of the Council Meeting and are confirmed at the first Council Meeting immediately thereafter. The minutes of a Council Meeting comprise all items considered at the meeting and include attendances, all motions, their movers and seconders and the results of the motions.

The City’s agendas and minutes of Briefing Sessions and Council Meetings is available on the City’s web site.

http://www.wanneroo.wa.gov.au/downloads/file/1934/committees_working_groups_register_current

http://www.wanneroo.wa.gov.au/downloads/file/1934/committees_working_groups_register_current

http://www.wanneroo.wa.gov.au/info/20003/council/10/council_meeting_dates_agendas_and_minutes

http://www.wanneroo.wa.gov.au/info/20003/council/10/council_meeting_dates_agendas_and_minutes


9.1.5 Qualified Privilege

Members of the Federal and State parliaments have absolute privilege. This means that they cannot be sued for defamation for anything they say inside their respective parliaments. Elected Members have what is known as ‘qualified privilege’. This means that they cannot be sued for defamation for what they say inside the Council Chambers (or in Committee meetings) provided what they say is in ‘good faith’, or without malice.

Malice is evident (and will lead to the Elected Member being vulnerable to a defamation action) if said statement is:

• irrelevant to the issue being debated or discussed;

• said with the knowledge that it is untrue; or

• in circumstances where there has been recklessness as to whether it is true.

Outside the Council Chambers (or Committee meeting), qualified privilege may still provide basic protection so long as the Elected Member is discussing a matter considered to be related to the business of the local government.

Qualified privilege may also protect Elected Members when making comments to the media or to public gatherings however, this protection may be lost if malice exists.

9.2 InterestsNotwithstanding that is it a fundamental statutory obligation and duty of an Elected Member to vote on every item of business discussed at Council Meetings, Elected Members must be mindful of interests they may have in any matter before Council as the Act set outs specific requirements in respect of declaring interests and whether an Elected Member can participate in deliberations and/or vote.

In accordance with section 5.60 of the Act, an Elected Member will have an interest in a matter if they themselves or a person to whom they are closely associated has a direct financial, indirect financial interest or a proximity interest in the matter. The Act defines a closely associated person at section 5.62 and includes but is not limited to the following:

• the employer of the Elected Member;

• a body corporate whereby the Elected Member is a director, secretary or executive officer of that body corporate;

• the spouse, de factor partner or child of the Elected Member

In accordance with section 5.65 of the Act, Elected Members must disclose such interests and in the event of a conflict of interest or where a potential conflict of interest may arise, involved Elected Members will, unless Council resolve otherwise pursuant to section 5.68 of the Act, withdraw from deliberations concerning the matter in accordance with the requirements of the Act.

It is prudent for Employees to also consider section 5.60 of the Act in relation to any interest they may have in respect of reports to Council and their role in drafting such reports, providing advice and making recommendations in respect of the Council decision making process, making decisions under delegated authority and undertaking their duties as a City of Wanneroo employee. Employees are required to also disclose such interests and in the event of a conflict of interest or where a conflict of interest may arise, involved Employees will either remove themselves from the decision making process or agree with their respective leader to implement a conflict of interest management plan. To assist Employees in determining if they have or where there is the potential for a conflict of interest in a matter, Employees should consult the policy and procedure and complete the check list. If such an interest exists, Employees must disclose such an interest using the appropriate form and seek approval from the relevant Leader.

Employees involved in the recruitment process must consider circumstances where they have or where there is the potential for a conflict of interest in respect of the recruitment process and must disclose such interests so that an effective management plan may be implemented.


9.2.1 Financial Interest – Direct and Indirect

A person will have a financial interest where that person may or has the potential to a financial gain, loss, benefit or detriment from a decision of Council or of an Employee with delegated authority in accordance with the City’s Delegated Authority Register. The financial interest may be direct or indirect as set out in the Act and described below.

In accordance with section 5.60A of the Act, a person has a financial interest in a matter if it is reasonable to expect that the matter will, if dealt with by the local government (by an Elected Member, a Committee Member or an Employee) will result in a financial gain, loss, benefit or detriment for that person.

In accordance section 5.61 of the Act, a person will have an indirect financial interest in a matter where there is a financial relationship between that person and another person who requires a decision of the local government in relation to that matter.

9.2.2 Proximity Interest

A person will have a proximity interest in a matter where they have an estate or interest in land that adjoins land, which is subject to a specific planning decision of Council or of an Employee with delegated authority in accordance with the City’s Delegated Authority Register.

In accordance with section 5.60B of the Act, a person has a proximity interest in a matter if the matter concerns a proposed:

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

• change to the zoning or use of land that adjoins the person’s land; or

• development of land that adjoins the person’s land.

9.2.3 Interest That May Affect Impartiality

An Elected Member or Employee who has an interest that could or could reasonably be perceived to adversely affect their impartiality in undertaking their duties must disclose such an interest. Such interests include but are not limited to circumstances relating to relationships (kinship and friendship) or membership of associations.

In accordance with regulation 11 of the Local Government (Rules of Conduct) Regulations 2007, Elected Members must make a disclosure of an impartiality interest either in writing to the CEO before the Council or Committee meeting or immediately before when the matter is to be discussed at a Council or Committee meeting. It is important to note that the disclosure of an impartiality interest does not affect the ability of the Elected Member to discuss or vote on the matter.

In accordance with regulation 34C of the Local Government (Administration) Regulations 1996, the City must have a Code of Conduct that requires Employees to disclose an impartiality interest either in writing to the CEO before the Council or Committee meeting or immediately before when the matter is to be discussed at a Council or Committee meeting where the person:

• is attending the Council or Committee meeting; or

• has or will give advice in respect of any matter to be discussed at a Council or Committee.

In addition, Employees must also disclose any interest that could or could reasonably be perceived to adversely affect their impartiality when undertaking their duties and making decisions under delegated authority.


9.3 Financial Management

9.3.1 Financial Management Planning and Principles

Council is ultimately responsible for the financial management of the City of Wanneroo. Good financial governance requires both Council and Administration to understand and undertake their roles.

Council has endorsed a Long Term Financial Plan that has been developed by Administration and is consistent with the Strategic Community Plan. The Long Term Financial Plan summarises the financial impacts of the goals and objectives identified in the Strategic Community Plan, determine their sustainability, and therefore sets the future financial direction of the Council.

In developing the Long Term Financial Plan Council adhered to the following principles:

• Prudent management of financial risks relating todebt, assets and liabilities.

• Provision of reasonable stability in the level ofrate burden.

• Consideration of the financial effects of Councildecisions on future generations.

• Provision of accurate and timely disclosure ofstrategic financial information.

• New revenue sources to be identifiedwhere possible.

Council is to ensure that it receives sufficient reports and other information to adequately monitor its performance, resource allocation, expenditure and activities, and the efficiency and effectiveness of its service delivery.

The City has established robust and transparent financial management practices which are compliant with the requirements of the Act, the Local Government (Financial Management) Regulations 1996 and applicable accounting principles and standards. These management practices are maintained to meet the City’s accountability to its stakeholders, particularly in terms of stewardship of community assets, both now and into the future.

Council has also established an Audit & Risk Committee to oversee and advise Council on matters of accountability, audit, internal control and risk.

The City’s Long Term Financial Plan and the City’s Audit & Risk Committee Terms of Reference are available on the City’s web site

9.3.2 Annual Budget

In accordance with the Act, Council is to set and adopt the Annual Budget which is prepared by the Administration. The Annual Budget represents the annual articulation of the Long Term Financial Plan framework, the determination of Council priorities and the allocation of resources to deliver these priorities.

The Annual Budget is developed within an overall integrated strategic planning framework which guides Council in identifying community needs and aspirations over the long term through the development of the Strategic Community Plan and the Long Term Financial Plan over a 20 year horizon period.

9.3.3 Financial Reporting

Financial reporting forms the basis of accountable financial management and is required by the Act. Financial reporting is undertaken at the City by the Annual Report, Quarterly Financial Reports and Monthly Financial Reports.

The Annual Report provides information about the City’s activities, income and expenditure. In accordance with the Act, the City is required to develop an Annual Report each financial year that is adopted by Council. The Annual Report is a key organisational document which details:

• information relating to the achievements of theCity and Council;

• financial information and statements;

• key projects commenced or achieved; and

• strategic performance indicators which helpevaluate present programmes and makedecisions on changes to them, or the need foradditional services.

The Annual Report is received by the community at the Annual General Meeting of Electors.

Quarterly Reports are provided to the Audit & Risk Committee for each quarter ended September, December, March and June. The Quarterly Report identifies any significant variations with the year-to-date performance and the year-to-date budget, any likely effect on the end-of-year results and any significant areas where the activities are not in accordance with budget estimates.

Monthly Reports are provided to Council and are essential to keep Council in an informed position to ensure it meets its financial responsibilities.

https://www.wanneroo.wa.gov.au/downloads/file/3265/long_term_financial_plan_201920%E2%80%93203839

http://www.wanneroo.wa.gov.au/budget2019


9.3.4 Role of the Administration

The CEO is accountable to Council for the financial performance of the City and must ensure that certain fundamentals are in place including, but not limited to:

• appropriate financial systems, plans, strategies and protocols;

• adequate resources to support the financial systems, plans, strategies and protocols;

• suitable internal review mechanisms; and

• an organisational culture in which responsibility and accountability are clearly delineated and understood.

9.4 Enterprise Risk ManagementCouncil supports and is committed to a risk management program at a policy and strategy level, and the CEO and Executive are to ensure processes are in place for identifying and managing risk and responding to and mitigating such risks.

The City is responsible for providing a wide and diverse range of services to its residents and visitors. It is acknowledged that all of these activities involve some form of risk, which must be managed to ensure that aims and objectives are achieved, services are delivered and that opportunities to deliver better and more cost effective services are realised. If the City is not aware of, or has not adequately assessed some risks, it could result in financial loss, threats to public or Employee safety or lead to substantial adverse publicity.

The City has established an Enterprise Risk Management Framework, which is aimed at contributing to the corporate governance arrangements within the City. The City has also implemented a Risk Management Policy and Tolerance Statement that explains the City’s approach to risk management, sets out the roles and responsibilities and the City’s appetite for risk. The framework and policy together outline the key features of risk management and the potential benefits and its importance to the City.


9.5 Planning and Development Functions

9.5.1 Quasi Judicial Role

Council has particular responsibilities under the Planning and Development Act and related legislation. Council, as a public administration agency, has a quasi-judicial role in determining development applications within the City of Wanneroo. Council is also responsible for applying factual situations to the legislative regime in a quasi- judicial manner under aspects of the Act, Planning and Development Act and other relevant legislation.

The controls and procedures for assessment of development applications are set in place by a statutory framework and the City is responsible for undertaking this role in accordance with the Planning and Development Act and relevant Regulations.

Council is required to decide on planning matters in an unbiased manner that satisfies the principles of administrative law and natural justice/procedural fairness. Notwithstanding that lay members of the Community constitute the Council, they must exercise their discretion over planning matters in a way that is mindful of this quasi-judicial role.

The City employs specialist planning officers to draft reports and provide Council with advice and all the information on the facts of a particular planning matter and the relevant law that is applicable.

Council, in determining planning and development matters must exercise care to ensure that the following principles are applied:

a. Elected Members must read the Administration report on the matter before voting at a Council Meeting. An Elected Member who has not read the Administration report and who participates in the decision making process without a full understanding of the issues at hand may jeopardise the validity of the decision making process.

b. Elected Members must ensure that when they debate a planning and development matter under consideration that they restrict themselves to the relevant matters of fact and law. These relevant matters will be contained and addressed in the Administration report. Where Council conducts a debate on a matter that is based on irrelevant considerations, or fails to take into account relevant considerations, this may jeopardise the decision making process.

c. Council must exercise caution when making a resolution that is different to Administration’s recommendation. In making a resolution that is different from the recommendation, Council is required to include reasons for the departure from the recommendation. These reasons must take into account the relevant considerations of fact and law and must not be based on irrelevant considerations.

d. If a development has the potential to impact on neighbours and/or the locality, and where a statutory obligation exists, Council has a duty to ensure that consultation occurs in relation to that development. The Administration report must include details of any notification or consultation that has occurred. Council must ensure that neighbouring landowners and occupiers who may be adversely affected by a proposed development have had an adequate opportunity to make a submission and that any relevant matters that they raise have been considered in the decision making process. An opportunity to make a written submission is generally sufficient, though an opportunity to make a deputation in person to a relevant meeting may be appropriate where a person with a sufficient interest requests it.

Any submission must be made on the basis of planning principles. Council has the role of considering and testing submissions, whether made by the applicant or another party.

Generally, Council as a body, and each Elected Member individually, must be certain that they have a clear understanding of the relevant facts and law before making a decision. This decision must be based on the relevant considerations and should not take into account irrelevant considerations.

Council has delegated authority to make certain decisions in respect of planning and development matters to the CEO which the CEO has sub-delegated to certain Employees. Each Employee exercising delegated authority in making such decisions must also consider the principles set out above.


9.5.2 District Planning Scheme

In accordance with the Planning and Development Act, the City is required to have in place a Planning Scheme for the District, being the City of Wanneroo District Planning Scheme No. 2 (DPS2). DPS2 is consistent with the Metropolitan Region Scheme, which is administered by the State Government and takes into consideration State Government Planning Strategies, Plans and Policies. DPS2 was gazetted on 6 July 2001 and has been amended numerous times since gazettal to accommodate changes in the District.

DPS2 provides the legal framework for a range of functions including:

• Providing land use and development controls.

• Supporting housing choice, variety and amenity.

• Providing the mechanism for the development of convenient and attractive retail centres.

• Assisting economic development through facilitation of commercial, industrial and business development to maximise job opportunities.

• Establishing high quality public open space areas and protecting areas of environmental significance.

• Assisting in the provision of a transport network, which serves the needs of the community by providing a range of alternative networks catering for different transport modes, which are closely integrated with land use considerations.

The provisions of DPS2 are developed through a collaborative and consultative process involving the State Government and the Community. The State Government, through the Minister for Planning, provided final approval to the contents of DPS2 and once gazetted, DPS2 came into operation and acquired the force of law. The authority to operate DPS2 is delegated to the City of Wanneroo by the State Government.

A Planning Scheme is required to be reviewed on regular basis to ensure that the Planning Scheme continues to meet changing community needs and expectations.

As stated previously, DPS2 has been amended numerous times to vary the operative provisions. Each amendment to DPS2 has involved the State Government and consultation with the Community. The Minister for Planning provides the final approval for amendments to DPS2.

The City has developed and implemented numerous local planning policies that support and guide the implementation of DPS2. The purpose of each local planning policy is to provide guidance, detail and consistency of treatment with respect to amenity and other relevant planning issues.

It is important to note that DPS2 incorporate by reference the Residential Design Codes (R-Codes), which is the planning policy of the State Government providing detailed development control for residential development. The State Government revises the R-Codes from time to time and all such revisions apply to DPS2.

The role of a Council in administering a Planning Scheme includes:

• Consideration of development applications.

• Consideration of subdivision proposals.

• Consideration of DPS2 Amendment proposals (whether suggested by Administration or by a member of the Community).

• Enforcement of DPS2 provisions.

• Development of planning policies.

• Review of existing DPS2 provisions.

• Formulation of new DPS2 provisions.

Council is provided with the professional advice from specialist planning officers in exercising its role in relation to each of these matters. This advice provides Elected Members with detailed information relating to the particular planning issues requiring Council consideration. In certain circumstances applicants have rights of appeal to challenge a planning related decision of the Council. It is therefore important for Elected Members to gain a full understanding of the issues and follow proper process before reaching a decision.

The State Administrative Tribunal (SAT) is the appellant statutory body that has the authority to reviews decisions made by the City (decisions of Council and decisions of Employees made under delegated authority) regarding a range of matters including town and regional planning. Landowners and/or applicants can apply to the SAT to make decisions, settle disputes and review decisions under a range of enabling laws.

DPS2 permits Council to delegate its decision-making powers to certain qualified persons (or Committees), subject to certain conditions. This allows those applications that meet certain criteria to be determined by Employees.

http://www.wanneroo.wa.gov.au/info/20017/planning_and_building/141/district_planning_scheme_number_2_dps_2

http://www.wanneroo.wa.gov.au/localplanningpolicies


9.6 Legal Framework

9.6.1 Local Government Act 1995

The City of Wanneroo is constituted as a district under the Act. The general function of a local government is to provide for the good government of people living and working within its district and includes legislative and executive powers and responsibilities given through the Act.

Overall, the Act is intended to provide excellence in governance through:

• Better decision-making by local governments.

• Greater community participation in the decisions and affairs of local governments.

• Greater accountability of local governments to their communities.

• More efficient and effective local government.

To allow local governments better decision-making, greater accountability and to be more efficient and effective, the Act provides a number of ways of achieving these objectives though delegations, policies and local laws.

9.6.2 Delegation of Authority

The Act and other legislation allows Council to delegate its authority to make decisions to the CEO (and in some instances of other Employees). Delegation of authority is part of the City’s decision-making approach represent the policy of the Council to entrust certain types of decisions to the CEO or Committees. All delegated authority is guided by Council policy that provides guidance to the delegate (Employee) to make decisions that are consistent with Council’s desired policy outcomes.

Delegations of authority are established, maintained and documented by Council to empower the actions of delegates so that Council can retain oversight of and accountability for the decisions made by delegates. Decisions made under delegation are reported to the Council on a regular basis, and records of delegations are retained in accordance with legal requirements for document retention and record keeping.

The City reviews all delegation of authority at least once every year.

9.6.3 Executive Functions

Council is responsible for overseeing the executive functions of the City. The executive functions of the local government are to provide services and facilities. Section 3.18 of the Act states:

1. A local government is to administer its local laws and may do all other things that are necessary or convenient to be done for, or in connection with, performing its functions under this Act.

2. In performing its executive functions, a local government may provide services and facilities.

Local government can, therefore, administer local laws and provide services and facilities in order to provide for ‘the good government of the District’. A local government must satisfy itself that the services and facilities it provides:

• integrate and coordinate, so far as practicable, with any provided by the Commonwealth, the State or any public body;

• do not duplicate, to an extent that the local government considers inappropriate, services or facilities provided by the Commonwealth, the State or any other body or person, whether public or private; and

• are managed efficiently and effectively.


9.6.4 Policy

In accordance with section 2.7(2)(b) of the Act, Council is to determine the local government’s policies.

Policies provide the Council and Employees with the ability and direction to make decisions that are considered to be consistent with Council’s strategic direction and are unbiased. Policies can also provide detail on in the manner in which the City undertakes, or requires others to undertake, certain works or activities. The City has established two types of policies which are:

• Council Policies – strategic policies that set governing principles and guide the direction of the City to align with community values and aspirations. These policies have a strategic, external focus and align with the vision and strategic direction of the City.

• Corporate Policies – policies that are developed for administrative and operational requirements and have an internal focus.

9.6.5 Local Laws

In accordance with section 3.5 of the Act, Council may make local laws for the District (or with the Governor’s approval apply outside the District). The City’s local laws reflect current Community standards and provide for the good governance of the City.

The Act outlines the process by which Council may adopt local laws. This legislative role allows Council to adopt a regulatory regime that may be enforced through the courts, by the issue of infringement notices or by performing other executive functions to enforce the local laws. When adopting local laws Council must be aware that they operate with the force of legislation and the City has a duty to enforce all of its local laws.

The process for adopting local laws provides the community with a six-week advertising period to allow for the opportunity to comment on proposed local laws. The local law is then presented once more to Council and any public submissions are considered. Upon final adoption the local laws are gazetted and considered by the Western Australian Parliamentary Joint Standing Committee on Delegated Legislation.

The gazetted versions of the City’s Local Laws may be accessed through the City’s web site and the Administrative versions of the City’s Local Laws are available on the City’s internal web site.

http://www.wanneroo.wa.gov.au/info/20003/council/61/council_policies

http://www.wanneroo.wa.gov.au/downloads/download/22/local_laws



10. Principle Four: Accountability10.1 Principle of AccountabilityExcellence in governance is based on the principle that those involved in governance, the Elected Members and Employees, are held to account for what they do, the decisions they make and their performance in undertaking their role. The public trust that the Council, the Elected Members and Administration act in the public interest and this can be justified in the manner in which their duties have been performed.

Accountability systems need to provide disclosure and review of decision-making and processes. These systems must record and support the City’s accountability to its stakeholders and its legal accountability to the State Government.

The City’s Enterprise Risk Management system aims to ensure that consideration of risk is an integral part of decision-making.

The City’s consultation and engagement policy and framework supports good decision- making by providing the tools to consult and engage with the Community and Stakeholders appropriately in respect of decisions that will affect them.

The City strives to implement accountability systems that provide disclosure and review of decision-making and processes are integral to good governance and are reflected through:-

• Open and transparent government so that people can understand and follow decision- making processes and outcomes.

• Consultation so that the Community feels that their views are being heard and considered.

• Good information and communication processes so that the Community is kept informed.

10.2 Performance ManagementCouncil is accountable for monitoring performance in the achievement of its strategic direction, goals and financial outcomes which are set through the Strategic Community Plan, Long Term Financial Plan, Corporate Business Plan and Annual Budget.

The City has developed a reporting system to provide Council with the necessary information to enable it to assess performance against the plans. The reporting system is a systematic and regular process that allows Council to take action to rectify any issues that arise and as such, be accountable to the Community.

Council is accountable for managing the CEO’s performance and is responsible for setting the CEO’s key performance criteria and subsequently monitoring the CEO’s performance. The CEO is responsible for managing the performance of Administration and all Employees in meeting the strategic direction of Council.

10.3 ComplianceIt is a requirement of the Act to conduct an annual audit of compliance with statutory requirements of the Act.

The Compliance Audit Return (CAR) is submitted to the Department of Local Government and Communities each year after its adoption by the Council. The CAR seeks information and responses in relation to a local government’s statutory obligations in a number of areas, such as local laws, tenders, meeting process, disclosure of financial interests and financial management.


10.4 Audit & Risk CommitteeCouncil has established an Audit & Risk Committee in accordance with section 7.1A of the Act, to oversee and advise Council on matters of internal and external audit and risk management and compliance functions of the City. The Audit & Risk Committee meets approximately four times a year and all Elected Members are members of the committee.

The Audit & Risk Committee has no delegated authority and all meetings are held in closed sessions that are not open to the public. Any recommendations of the Audit & Risk Committee must be made to Council to endorse.

10.5 Community Consultation and EngagementThe City recognises that consultation is a two way interactive process that provides opportunities for the City and the Community to clarify information, raise issues and discuss ideas and options. Consultation is an important dimension that informs and enhances Council’s and Administration’s decision-making process.

Council, in undertaking its role in defining the City’s directions and priorities for a sustainable future achieves this by:

• Meeting its obligations in respect of the Planning and Development Act.

• Promoting discussion within the Community and with other stakeholders about the priorities and needs of the City.

• Using research to develop and inform Council policies and decision-making.

• Actively canvassing, and faithfully considering, the needs and opinions of the community when making decisions.

• Translating the Community’s aspirations for a sustainable future through appropriate partnerships, initiatives, programs and services into the Strategic Community Plan.

Council has adopted the Community Engagement Policy, the objective of which is to outline the City’s commitment to actively involving the community in the City’s planning, development and service delivery activities.

The City’s Community Engagement Policy clearly articulates the City’s commitment to strong stakeholder and community relationships and engagement. The goal of the policy is to provide a process for involving the Community and stakeholders in decision-making and to enhance current opportunities and processes for that to happen.

10.6 Records ManagementThe City’s corporate records are to be managed in accordance with the City’s Record Keeping Plan and Records Management Policy.

All Elected Members, Employees and contractors are responsible for maintaining complete, accurate and reliable evidence of all business transactions and ensuring all corporate documents are retained within the City’s official recordkeeping system at the point of creation regardless of the format, in accordance with:

• State Records Act 2000.

• Freedom of Information Act 1992.

• Local Government Act 1995.

http://www.wanneroo.wa.gov.au/downloads/file/16/community_engagement_policy


10.7 Legislative ObligationsThe City, as a local government, is obligated to comply with various state legislative requirements and obligations to external authorities in addition to the Local Government Act and the Department of Local Government and Communities. The City has implemented systems and processes to ensure it meets its legislative obligations and reports accordingly to any external agencies or authorities.

Relevant legislation that sets out legislative requirements and obligations for the City includes but is not limited to:

• Public Interest Disclosure Act 2003.

• Corruption, Crime and Misconduct Act 2003.

• Equal Opportunity Act 1984.

• Parliamentary Commissioner Act 1971.

• Freedom of Information Act 1992.

Relevant external agencies or authorities that the City may have a reporting obligation to include but is not limited to:

• Public Sector Commission.

• Corruption and Crime Commission.

• Equal Opportunity Commission.

• Ombudsman Western Australia

• Office of the Information Commissioner.


11. Review and Continuous ImprovementThe processes that support continuous improvement of this Framework and the policies, procedures and processes that support this Framework include:

• reviewing the Framework (and the supporting policies and procedures) biennially or following a significant change within the City or in underpinning legislation;

• review of individual governance issues to identify any control weaknesses and lessons learned for policy and procedure improvement; and

• regular training for Employees and Elected Members.

Contact

Executive Manager Governance and Legal Ph: (08) 9405 5000 [email protected]

City of Wanneroo 23 Dundebar Road, Wanneroo WA 6065


ReferencesThe following documents have been used in the development of the Governance Framework for the City of Wanneroo:

• AS8000 – 2003Good Governance Principles –Standards Australia

• Corporate Governance Principles and Recommendations – ASX Corporate Governance Council

• Conflict of Interests Guidelines – Office of the Public Sector Standards Commissioner

• Corporate Governance Charter – WA Local Government Association – December 2004

• Local Government Operational Guideline No 3 – Managing Public Question Time – Department of Local Government

• Local Government Operational Guideline No 4 – Elected Member Induction – Department of Local Government

• Local Government Operational Guideline No 5 – Council Forums – Department of Local Government

• Local Government Operational Guideline No 7 – Clarity in Council Motions – Department of Local Government

• Local Government Operational Guideline No 9 – Audit Committees in Local Government – Department of Local Government

• Local Government Operational Guideline No 17 – Delegations – Department of Local Government

• Local Government Operational Guideline No 20 – Disclosure of Financial Interests at Meetings – Department of Local Government

• Elected Members Welcome Pack – City of Joondalup – 2011

• Enterprise-wide Risk Management – Better Practice Guide for the Public Sector – CPA Australia 2002

• Excellence in Governance for Local Government – CPA Australia

• Governance Framework – City of Joondalup

• Governance Framework and Statement – City of South Perth

• Good Governance Guide 2004 – The Principles of Good Governance within Local Government – Municipal Association of Victoria

• Information for Elected Members – City of Wanneroo

• Lessons for Local Government – City of Belmont – Department of Local Government and Regional Development – April 2003

• Lessons for Local Government – City of South Perth – Department of Local Government and Regional Development

• Local Government Act 1995 – State Law Publisher

• Local Government (Administration) Regulations 1996 – State Law Publisher

• Local Government (Financial Management) Regulations 1996 – State Law Publisher

• Local Government (Rules of Conduct) Regulations 2007 – State Law Publisher

• Statement of Governance Principles – Murdoch University Senate

• G20/OECD Principles of Corporate Governance – Organisation for Economic Co-operations and Development

• Public Sector Governance (Vol. 1) – Better Practice Guide – Australian National Audit Office

• Reinventing Your Board, A Step by Step Guide to Implementing Policy Governance – John Carver and Miriam Mayhew Carver

• Sustainability Reporting Guidelines – Global Reporting Initiative

• The Business of Local Government (a training course for Elected Members) – a joint WALGA and Australian Institute of Company Directors Course

• WALGA Training and Development Program for Elected Members – WA Local Government Association

Locked Bag 1, Wanneroo WA 6946 Telephone (08) 9405 5000 | Facsimile (08) 9405 5499

wanneroo.wa.gov.au

Documents

Corporate Governance Framework - City of Wanneroo · Corporate Governance Framework 3 Foreword This framework sets out the governance principles and the standards for accountability