NOTICE OF ORDINARY COUNCIL MEETING · 10/12/2019 (AR19/54115) AGENDA 1. DECLARE MEETING OPEN 2. LIVE STREAMING OF COUNCIL MEETING “Port Augusta City Council is live streaming Council

10/12/2019 (AR19/54115)

NOTICE OF ORDINARY COUNCIL MEETING

MEMBERSHIP

Mayor Brett Benbow

Cr Phillip Brown Cr Louise Foote Cr Ann Johnston Cr Matt Leonard Cr Maralyn Marsh Cr John Naisbitt Cr Fran Paynter Cr Linley Shine Cr Sunny Singh

Notice is hereby given pursuant to Sections 83 and 84 of the Local Government Act 1999, that the next ORDINARY COUNCIL MEETING will be held in the Council Chambers, 4 Mackay Street, Port Augusta on TUESDAY 10 DECEMBER 2019 commencing at 6:00pm. A copy of the Agenda for the above meeting is attached to this notice.

JOHN BANKS CHIEF EXECUTIVE OFFICER 05/12/2019

Civic Centre: 4 Mackay Street Port Augusta South Australia 5700

Postal Address: PO Box 1704 Port Augusta South Australia 5700

Telephone (08) 8641 9100 Facsimile (08) 8641 0357

[email protected] www.portaugusta.sa.gov.au

mailto:[email protected]

http://www.portaugusta.sa.gov.au/

10/12/2019 (AR19/54115)

AGENDA 1. DECLARE MEETING OPEN 2. LIVE STREAMING OF COUNCIL MEETING

“Port Augusta City Council is live streaming Council Meetings. Council will avoid coverage of the public gallery area and will use its best endeavours to ensure images in this area are not broadcast, however, Council expressly provides no assurances. In the event your image or comment is broadcast, by remaining in the public gallery area you will be taken to have given Council a non-exclusive licence to copy and broadcast your image worldwide for no reward.”

3. ACKNOWLEDGEMENT OF COUNTRY

“We would like to pay our respects to the traditional owners of the land on which we meet. We acknowledge their ancestors and their sharing of their country. We also pay respect to the many Aboriginal groups and cultures that work, walk and live in Port Augusta”.

4. PRAYER

“Almighty God, we humbly beseech thee to grant thy blessing upon the work of this Council. To direct and prosper its deliberations to the advancement of this City. And for the true and lasting welfare of the people of this Municipality. Amen.”

5. CONDOLENCES

Kenneth Fraser Ivor Gower Graham Lovegrove-Landers Veronica Rankin

6. ATTENDANCE RECORD

Apologies: Director Corporate & Community Services Mrs A O’Reilly Leave of Absence: Cr L Shine

7. CONFIRMATION OF PREVIOUS MINUTES (ATTACHED)

7.1 Recommendation That the minutes of the previous Ordinary Council Meeting (AR19/51486) held on 26/11/2019, as per copies supplied to Members, be adopted as a true and correct record of that meeting.

8. DEPUTATIONS / PRESENTATIONS

Nil 9. FORMAL COMMUNITY QUESTION TIME Nil 10. CONFLICT OF INTEREST 11. CONFIDENTIAL ITEMS

Opportunity to discuss if any item within this agenda should be discussed under Confidential provisions; or any confidential matter within the agenda that should be debated in the open.

10/12/2019 (AR19/54115)

12. MAYORAL ENGAGEMENTS

13.1 AR19/52142 - Information Report – Mayoral Engagements for period 27/11/2019 – 10/12/2019.

13. PETITION

Nil 14. NOTICE OF MOTION

Nil

15. MOTION TO LIFT A QUESTION FROM THE TABLE 15.1 Report AR19/12046 – Upper Spencer Gulf Joint Planning Board (A draft addendum to the business case prepared by J Tate was emailed to

Members on 06/09/2019. This document will be re-circulated).

Motion to Lift Item from the table That the item (report AR19/5396) be lifted from the table. Motion for report AR19/12046 Council: 1. Supports entering into an Agreement with the Whyalla City Council

and Port Pirie Regional Council to establish a Joint Planning Board for the initial purpose of developing a Regional Land Use Plan, subject to both Councils making the same commitment.

2. Allocates $26,000 to the 2019/20 Budget for this purpose consistent with the draft business case included in the agenda.

16. QUESTIONS ON NOTICE

Nil 17. QUESTIONS WITHOUT NOTICE 18. GENERAL BUSINESS 19. COMMITTEE MINUTES

19.1 AR19/52758 - Port Augusta Alcohol Management Group 03/12/2019 Recommendation Council receives and notes the Minutes of the Port Augusta Alcohol

Management Group Meeting held on 03/12/2019. 20. REPORTS

The recommendations contained within the reports are simply that, recommendations. Elected Members may move any legal alternate motion of their choice. If requested in advance of the meeting, the Council’s administration will assist in the drafting of alternate motion(s). Elected Members are encouraged to make use of mechanisms including Informal Gatherings, the Local Government Meeting Regulations/Procedures, and enquiries with the CEO & Directors to ensure that adequate information is available to make decisions. Any perceived gaps in the information available or deficiencies in time or process should be drawn to attention and every effort will be made to provide an explanation and/or remedy. 20.1 AR19/48808 – Central Oval Turf Wicket Proposal 20.2 AR19/53371 – Salaries Budget Variation

10/12/2019 (AR19/54115)

20.3 AR19/52909 – Building Fire Safety Committee Membership 20.4 AR19/52148 – Review of Code of Practice for Access to Council Meetings

and Documents

20.5 AR19/52457 – Policy Review – Dealing with Disruptive Behaviours 2.3.15 20.6 AR19/51712 – Final Policy Reviews 2019. 21. INFORMATION ITEMS AND CORRESPONDENCE RECEIVED 21.1 AR19/54104 - Information Report - Correspondence Items 22. REPORTS OF ELECTED MEMBERS 23. DATE, TIME & PLACE OF NEXT ORDINARY COUNCIL MEETING

Tuesday 28 January 2020 (6:00pm) – Council Chambers, Civic Centre, 4 Mackay Street, Port Augusta

24. CONFIDENTIAL ITEMS

24.1 AR19/53767 Confidential Order (live streaming of the meeting concludes to consider the Confidential report)

AR19/53714 Confidential Report – Chief Executive Officer 2019

Performance Evaluation & Development 25. DECLARE MEETING CLOSED

26/11/2019 (AR19/51486) Page 1

MINUTES OF PORT AUGUSTA CITY COUNCIL MEETING HELD ON TUESDAY 26 NOVEMBER 2019

PRESENT Mayor B Benbow, Deputy Mayor P Brown, Crs, A Johnston, M Leonard, J Naisbitt, F Paynter and S Singh.

OFFICERS PRESENT

Acting Chief Executive Officer Mrs M Kretschmer, Director Infrastructure Mrs S McKell and Executive Assistant Ms M Jenkins.

GALLERY PRESENCE 4 MEETING OPEN Mayor Benbow declared the meeting open at 6pm. LIVE STREAMING OF COUNCIL MEETING

Mayor Benbow acknowledged live streaming of the Council Meeting.

ACKNOWLEDGEMENT “We would like to pay our respects to the traditional owners of the land

on which we meet. We acknowledge their ancestors and their sharing of their country. We also pay respect to the many Aboriginal groups and cultures that work, walk and live in Port Augusta”.

PRAYER “Almighty God, we humbly beseech thee to grant thy blessing upon the

work of this Council. To direct and prosper its deliberations to the advancement of this City. And for the true and lasting welfare of the people of this Municipality. Amen.”

CONDOLENCES Council stood in a moment’s silence as a mark of respect to the

following: Sandra Burki Dorothy Farr Gerald Kirkham Bryce Smith ATTENDANCE RECORD

Apologies: Crs M Marsh & L Foote, Chief Executive Officer Mr J Banks and Director Corporate & Community Services Mrs A O’Reilly Leave of Absence: Cr L Shine

CONFIRMATION OF PREVIOUS MINUTES

Crs Johnston/Leonard that the minutes of the previous Ordinary Council meeting (AR19/48726) held on 12/11/2019, as per copies supplied to Members, be adopted as a true and correct record of that meeting. CARRIED

PRESENTATION Nil FORMAL COMMUNITY QUESTION TIME

Nil

CONFLICT OF INTEREST

Nil

CONFIDENTIAL ITEMS

Nil

26/11/2019 (AR19/51486) Page 2

INFORMATION REPORT – MAYORAL ENGAGEMENTS FOR PERIOD 13/11/2019 – 26/11/2019 AR19/50148 F19/57

Crs Leonard/Naisbitt that Council receives and notes the report (AR19/50148) dated 13/11/2019 submitted by Mayor Brett Benbow, concerning Information Report – Mayoral Engagements for Period 13/11/2019 – 26/11/2019, including the following: • 23/11/2019 – Army Cadet Annual Parade & Dinner • 25/11/2019 – Media Interview – Re: Mandatory rates • 26/11/2019 – 3 Media interviews – Re: Mandatory rebates, Regional

Growth Fund successful grant application. CARRIED

PETITION Nil NOTICE OF MOTION Nil MATTERS LAYING ON THE TABLE

Nil

QUESTIONS ON NOTICE

Nil

QUESTIONS WITHOUT NOTICE

Nil

GENERAL BUSINESS – SUPPORT FOR MENTAL HEALTH AWARENESS & SERVICES IN PORT AUGUSTA AR19/52354 F19/370

Deputy Mayor Brown/Cr Leonard that Council resolves that a report be prepared describing opportunities for Council to promote the availability of mental health services within Port Augusta. CARRIED

AALBG MINUTES 15/11/2019 AR19/49338 F19/138

Crs Paynter/Naisbitt that Council receives and notes the Minutes of the Australian Arid Lands Botanic Garden Committee Meeting held on 15/11/2019. CARRIED

CITY SAFE TRANSITION WORKING GROUP MINUTES 28/10/2019 AR19/49449 F19/617

Crs Johnston/Leonard that Council receives and notes the Minutes of the City Safe Transition Working Group Meeting held on 28/10/2019. CARRIED Deputy Mayor Brown/Cr Johnston that Council requests the City Safe Transition Working Group to liaise with the ‘Adelaide Zero Project Working Group’ in relation to their projects and available resources. CARRIED

APPOINTMENT OF DEPUTY MAYOR AR19/49600 F10/3034

Crs Johnston/Naisbitt that Council resolves: 1. The method for choosing a Deputy Mayor will be by an indicative

vote to determine the preferred person. 2. Upon completion of the vote Council will, by resolution, appoint

the successful Elected Member as Deputy Mayor. CARRIED Cr Johnston nominated Cr Brown. Cr Paynter nominated Cr Shine.

26/11/2019 (AR19/51486) Page 3

At 6:17pm, the Mayor, with approval of two-thirds of the members present suspended the meeting procedures pursuant to Regulation 20(1) of the Local Government (Procedures of Meetings) Regulations 2013, for a period sufficient to enable nominees to speak in support of their nomination, and resumed at the discretion of the Mayor. A secret ballot was conducted resulting in Cr Brown being selected as Deputy Mayor. Cr Johnston/Singh that Council appoints Cr P Brown as Deputy Mayor for a period of 12 months, from 1 December 2019 to 30 November 2020. CARRIED

REGISTER OF INTEREST DECLARATION – CHIEF EXECUTIVE OFFICER AR19/50593 F17/777

Crs Johnston/Leonard that Council: 1. Council notes the shareholding interests of the Chief Executive

Officer. 2. Approves the process outlined within the report for the Chief

Executive Officer to manage the potential conflict of interest. CARRIED

AUDIT COMMITTEE ACTIVITIES 2018/19 AR19/49024 F10/67

Cr Leonard/Deputy Mayor Brown that Council receives and notes the report (AR19/49024) submitted by the Director Corporate & Community Services dated 07/11/2019, concerning Audit Committee 2018/19. CARRIED

MANDATORY REBATE APPLICATION 2019/2020 – ORANA AR19/50679 F19/15

Deputy Mayor Brown/Cr Johnston that Council: 1. Notes the provision of a 75% Mandatory Rebate to assessment

3167 for part of the 2019/2020 rating year.

2. Updates the list of rate rebates for 2019/2020 on Council’s website.

CARRIED Cr Paynter called for a division: The Mayor declared the vote set aside. Members voting in the affirmative: Crs Brown, Johnston, Singh & Leonard. Members voting in the negative: Crs Paynter & Naisbitt The Mayor declared the motion CARRIED.

UPPER SPENCER GULF REGIONAL ASSESSMENT PANEL AR19/51171 F16/877

Cr Leonard/Deputy Mayor Brown that Council resolves that: 1. Subject to Port Pirie and Whyalla Councils’ similarly ratifying,

Council endorses the formation of an Upper Spencer Gulf Regional Assessment Panel (USGRAP).

2. The CEO to work with the other Upper Spencer Gulf Cities

member Councils to establish a joint Memorandum of Understanding, Terms of Reference, reporting and governance requirements in relation to establishing a Regional Assessment Panel.

3. The CEO in partnership with the USG member Councils’ to

approach the Minister in relation to establishing a RAP as per the requirements set out in the PDI Act 2016.

26/11/2019 (AR19/51486) Page 4

4. A further report be brought to Council to make a final decision on the matter, inclusive of determining with USG member Councils and the Minister the number of members of the RAP, the appointment process of Members and the Presiding Member, the appointment of the Assessment Manager and determining RAP operating procedures.

CARRIED

POLICY REVIEW – PORT AUGUSTA CITY COUNCIL – APPROPRIATE NAMING 2.3.01 AR19/50120 F18/734

Crs Naisbitt/Johnston that Council: 1. Adopts the Port Augusta City Council – Appropriate Naming

Policy 2.3.01 2. Updates the Council website to reflect the updated version of the

Port Augusta City Council – Appropriate Naming Policy 2.3.01 CARRIED

POLICY REVIEW – ACKNOWLEDGING TRADITIONAL CUSTODIANS 2.2.07 AR19/50095 F18/734

Crs Leonard/Johnston that Council: 1. Adopts the Acknowledging Traditional Custodians Policy 2.2.07 2. Updates the Council website to reflect the updated version of the

Acknowledging Traditional Custodians Policy 2.2.07 CARRIED

POLICY REVIEW – CROWN LAND UNDER COUNCIL’S CARE, CONTROL & MANAGEMENT 2.3.02 AR19/50359 F18/734

Crs Johnston/Leonard that Council: 1. Discontinues with the Crown Land Under Council’s Care, Control

and Management Policy 2.3.02 2. Removes the Crown Land Under Council’s Care, Control and

Management Policy 2.3.02 from the Council website. CARRIED

POLICY REVIEW – REPORTING OF HAZARDS 2.3.03 AR19/50360 F18/734

Crs Johnston/Naisbitt that Council: 1. Adopts the Reporting of Hazards Policy 2.3.03 2. Updates the Council website to reflect the updated version of the

Reporting of Hazards Policy 2.3.03 CARRIED

POLICY REVIEW – SAFE ENVIRONMENT POLICY 2.3.07 AR19/39595 F18/734

Crs Leonard/Naisbitt that Council: 1. Adopts the Safe Environment (Duty of care to vulnerable people)

Policy 2.3.07 as amended. 2. Repeals the Unattended Children at Council Facilities Policy

2.3.13 and removes it from Council’s website. 3. Updates the Council website to reflect the new Safe Environment

(Duty of care to vulnerable people) Policy 2.3.07. CARRIED

POLICY REVIEW – BUILDING & SWIMMING POOL INSPECTIONS 1.2.03 AR19/50440 F18/734

Crs Johnston/Paynter that Council: 1. Adopts the Building and Swimming Pool Inspections Policy 1.2.03 2. Updates the Council website to reflect the updated version of the

Building and Swimming Pool Inspections Policy 1.2.03 CARRIED

26/11/2019 (AR19/51486) Page 5

2018/2019 ANNUAL REPORT – ADOPTION AR19/50574 F10/182

Crs Johnston/Leonard that Council: 1. Adopts the 2018/2019 Annual Report (AR19/40711). 2. Approves making copies of the 2018/2019 Annual available free

of charge (hard copy) to members of the community and placing a copy on Council’s Website.

3. Approves distributing the 2018/2019 Annual Report to all parties

outlined within Schedule 4 of the Local Government Act 1999, and other relevant agencies.

CARRIED

INFORMATION ITEMS & CORRESPONDENCE RECEIVED AR19/51480 F19/77

Crs Leonard/Singh that Council receives and notes the report (AR19/51480) dated 20/11/2019 submitted by the Chief Executive Officer, concerning Information Report – Correspondence Items for Council Meeting 26/11/2019. CARRIED

REPORTS OF REPRESENTATIVES

Nil

NEXT COUNCIL MEETING

The next Ordinary Council Meeting be held on Tuesday 10 December 2019 (@ 6:00pm) in the Council Chambers, Civic Centre, 4 Mackay Street, Port Augusta.

CLOSURE The meeting was declared closed at 6:34pm.

CONFIRMED: Mayor _______________ Date _______________

REPORT FOR: Council MEETING DATE: 10 December 2019 REPORT FROM: Mayor REPORT TITLE: Information Report - Mayoral Engagements for Period

27/11/2019 – 10/12/2019 FILE NAME: F19/57 RECORD NO: AR19/52142 COMMUNITY VISION & STRATEGIC PLAN OUTCOMES 3 We Connect 3.6 Council is a responsive organisation that provides services in ways that empower

the community to achieve their outcomes. PURPOSE To provide Elected Members with a list of engagements attended by Mayor Brett Benbow for the period 27/11/2019 – 10/12/2019. RECOMMENDATION That Council receives and notes the report (AR19/52142) dated 27/11/2019, submitted by Mayor Benbow, concerning Information Report – Mayoral Engagements for Period 27/11/2019 – 10/12/2019. DISCUSSION 27/11/2019 Upper Spencer Gulf Mayors & CEO’s meeting in Adelaide with Premier Steven Marshall. Thank Deputy Mayor Brown for attending the Port Augusta & Whyalla Writers Group Combined Anthology Launch. 29/11/2019 Citizenship Ceremony for 16 adults and 4 children. 02/12/2019 Meet & Greet representatives from News Corp re new online portal Upper Spencer Gulf News platform. Guest speaker at the Curdnatta Combined Probus Club of Port Augusta meeting. Stirling North Primary School Year 7 Graduation and presentations. 03/12/2019 Spencer Gulf Cities meeting via teleconference.

04/12/2019 Media Interview – Southern Cross – re: successful Coast Protection Grant. Media Interview – Radio ABC – re: successful Port Augusta Airport Grant and Bird Lake Remediation project status. 05/12/2019 Seaview Christian College Annual Awards Night. Port Augusta West Primary School Family Night. 06/12/2019 Rotary Christmas Pageant, followed by Community Party and Christmas Markets. 08/12/2019 Augusta Markets – Commercial Road. 10/12/2019 Council Meeting (including Community Forum). MAYOR BENBOW 27/11/2019

REPORT FOR: Council MEETING DATE: 26 March 2019 REPORT FROM: AUTHOR:

Director Infrastructure Manager Planning, Building & Environment

REPORT TITLE: Upper Spencer Gulf Joint Planning Board FILE NAME: F16/877 RECORD NO: AR19/12046 COMMUNITY VISION & STRATEGIC PLAN OUTCOMES 1 We Thrive 1.1 Identify and support new opportunities for our city to change and grow through

bold and innovative projects including alternative energy and infrastructure. 6 We Achieve 6.6 We will implement shared service arrangements in participation with other Local

Government partners to build on capacity and financial sustainability. PURPOSE To provide Council with the Business Case Report for the proposed Joint Planning Board for Port Pirie Regional Council, Port Augusta City Council and Whyalla City Council as prepared by Spencer Gulf Cities in conjunction with Jeff Tate Consulting and Planning Futures Pty Ltd and to provide recommendations pertaining to Council’s commitment to the proposal moving forward. RECOMMENDATION Council: 1. Supports entering into an Agreement with the Whyalla City Council and Port Pirie

Regional Council to establish a Joint Planning Board for the initial purpose of developing a Regional Land Use Plan, subject to both Councils making the same commitment.

2. Allocates $26,000 to the 2019/20 Budget for this purpose consistent with the

draft business case included in the agenda. BACKGROUND In 2016, Council agreed in principle agreed to the establishment of a Regional Assessment Panel and Joint Planning Board. Both Port Pirie Regional Council and Whyalla Council mirrored this decision, enabling the commencement of investigations. In 2017, Council resolved to commit to the pilot project submitted to the Department of Planning Transport and Infrastructure (DPTI) by the Upper Spencer Gulf Common Purpose Group (USGCPG).

2 Over the past 12 months, Spencer Gulf Cities has been part of a state-wide pilot project to test the ‘joint planning board’ provisions under the new Planning, Development and Infrastructure Act 2016. A key part of the project was the development of a business case for a Spencer Gulf Cities Joint Planning Board. DISCUSSION The business case has now been finalised (Annexure ‘A’) and found that establishment of a joint planning board would support the Upper Spencer Gulf Council’s priorities for collaboration: • Stronger advocacy and united voice to respond collectively to regional issues, • Greater influence over Government to set and drive the future of the region, • Better address common social, economic and environmental issues, • Improve development, planning and consistency of approach, • Cost savings, efficiencies and reduced duplication, • Increased organisational capacity, • Improved legislative compliance and risk management; and • Resolve the long-standing issue of the three cities being split across three

different state government planning regions. The business case found establishing a new entity just to serve the purpose of developing a new statutory regional land use plan would duplicate existing Spencer Gulf Cities collaborative government frameworks, costs and reporting requirements. To avoid this duplication the business case recommends amalgamating current Spencer Gulf Cities functions and Mayor/CEO representation into the new joint planning board structure. This would maintain the benefit of a single regional collaboration structure, under the Planning, Development and Infrastructure Act 2016 rather than the Associations Incorporation Act 1985, continue existing advocacy and Council collaboration activities and gain statutory authority for development of a regional land use plan for the three cities. The pilot project determined that a joint planning board would be constituted as a local government body rather than as an agency or instrumentality of the Crown, thus providing a much higher level of autonomy and flexibility. If Councils choose not to proceed, the three cities will remain split across three different development and land use regions, with control for future land use planning resting with the State Government. Should Council decide to participate the next step is to proceed with the preparation of a joint planning board agreement. The agreement is similar to a constitution setting out the full parameters of the joint planning board, including its objectives, functions and powers, delegations, board membership, meeting procedures, committees, financial and risk management and cost sharing. Start-up costs are estimated at $16,000 to be split equally between the three Councils and are based on a funding model outlined in the business case provided as (Annexure ‘A’). Once established, the first priority for the board would be the development of a Regional Land Use Plan. The estimate cost of this plan is estimated to be $60,000 to be split equally between the three Councils. CONFIDENTIALITY PROVISIONS Not applicable.

3 RISK MANAGEMENT 1: Financial/Budget/Asset Management The financial implications for Council in contributing to start-up fees and the preparation of the Regional Land Use Plan for the Upper Spencer Gulf would result an increase in operating expenditure of $26,000. This should have minimal impact on Council’s Annual Budget 2018/19 key financial indicators. 2: Legal/Policy The new Planning, Development and Infrastructure Act 2016 makes provision for the creation of joint planning boards. 3: Environment/Planning A Joint Planning Board would support Council priorities for collaboration:

• Stronger advocacy and united voice to respond collectively to regional issues • Greater influence over Government to set and drive the future of the region • Better address common social, economic and environmental issues • Improved development planning and consistency of approach • Cost savings, efficiencies and reduced duplication • Increased organisational capacity • Improved legislative compliance and risk management

4: Community

4.1 General Not applicable.

4.2 Aboriginal Community Consultation Not applicable.

Suzanne McKell 21/03/2019

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AR19/52758

MINUTES OF PORT AUGUSTA ALCOHOL MANAGEMENT GROUP MEETING

HELD ON TUESDAY 3 DECEMBER 2019

PRESENT Jo Newell (Manager, Community Harmony - PACC) - Chair Melissa Kretschmer (PACC, Port Augusta City Council) Lisa Leonard (Port Augusta City Council) Damien Hutcheon (CBS - Consumer & Business Services) Sarah Schmidt (SAPOL – Crime Prevention Sergeant) Sharon Platt (Aboriginal Affairs & Reconciliation, Dept Premier & Cabinet) Alwyn McKenzie (Aboriginal Affairs & Reconciliation, Dept Premier & Cabinet) Duncan Johnstone (SAAS - SA Ambulance Service) Scott Cugley (Salvation Army) Alison Hoare (Port Augusta Hospital) Yvonne Barker (DPM&C - Dept Prime Minister & Cabinet – Indigenous Affairs) Joseph Botomani (ADAC - Stepping Stones Day Centre) Venessa Blinman (Country SA PHN) Sue-Anne Morley (Aboriginal Drug & Alcohol Council) - Dial In via Telephone WELCOME The Chairperson Jo Newell declared the meeting open at 10:48am and

welcomed all who were present. ACKNOWLEDGEMENT Noted during the meeting

“We would like to pay our respects to the traditional owners of the land on which we meet. We acknowledge their ancestors and their sharing of their country. We also pay respect to the many Aboriginal groups and cultures that work, walk and live in Port Augusta.”

APOLOGIES J. Newell noted the following apologies: Dini Soulio (Commissioner, CBS - Consumer & Business Services) James Munro (Bungala Aboriginal Corporation) Cr Ann Johnston (Port Augusta City Council) Anna Caponi (Vulnerable Persons & Complex Needs Program, DCC -

Davenport Community Council) Michelle Edmondson (LWB - Life Without Barriers) Darlene Allen (Aboriginal Family Support Services) CORRESPONDENCE Nil GENERAL BUSINESS Statistical Data Presentation DATA PRESENTATION The Chairperson J. Newell noted services unable to provide data, being Drug &

Alcohol Services SA (DASSA) Country Service and Housing SA. A power point presentation was provided. Statistical data was provided by the following services: • Substance Misuse Services with data for the Mobile Assistance Patrol,

Sobering Up Unit, Outreach Program and Clean Needle Program • Davenport Community Council with data for the High & Complex Needs

Program & Vulnerable Person Program • Port Augusta Youth Bus • Aboriginal Drug and Alcohol Council (ADAC) with data for Stepping

Stones Day Centre and Footsteps Residential Rehabilitation Service • Life Without Barriers (LWB) • City Safe • SA Ambulance Service (SAAS)

Statistics indicate that the Aboriginal population of Port Augusta is increasing,

currently at 18% having the highest level of Indigenous population of any other regional centre in Australia.

ACTIONS FROM THE PRESENTATION:

1. J. Newell to investigate if a measure to ascertain numbers of returned syringes can be determined by container weight.

2. M. Kretschmer to provide feedback on the number of infringement notices issued and number of warnings provided in policing of the Dry Zone.

3. Y. Barker to investigate statistics relating to Port Augusta and Aboriginal population demographics.

AR19/52758

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4. J. Newell to forward to members, the report for data predictions in Port

Augusta, ‘Population Change in Port Augusta: Challenges and Implications for the COAG Urban and Regional Strategy (by J. Taylor & N. Westbury).

5. J. Newell to request a narrative summary of statistics from each service providing data in order to obtain a more detailed picture of the reporting.

Sue-Anne Morley left the meeting at 11:30am. MINUTES FROM PREVIOUS MEETING

D. Hutcheon/Y. Barker moved that minutes from the previous meeting (11/06/2019) be accepted.

CARRIED S. Cugley/S. Schmidt moved that notes from the informal meeting

(08/10/2019) be accepted. CARRIED BUSINESS ARISING Extreme Hot Weather – Availability of Drinking Water PREVIOUS MEETING A cold water fountain is available to the public at the Port Augusta Public

Library. Options for access to water and power on the Eastside foreshore is to be considered in conjunction with the Joy Baluch AM Bridge duplication project. Contact has been made with Department of Human Services (Housing SA Northern Country) to obtain location details for respite from the heat and cold water access points for members of the public.

GENERAL BUSINESS Terms of Reference 2019-2021 Review of Membership: A. McKenzie/S. Schmidt moved that the Terms of Reference 2019-2021 be

accepted with the inclusion of Aboriginal Family Support Services in the main membership.

CARRIED OTHER BUSINESS Consumer and Business Services The final stage of the liquor licensing reforms in South Australia came into

operation on 18/11/2019. Vulnerable Persons A. McKenzie noted concerns for the vulnerable group situated in the shed at

Bungala near Lakeview. Mobile Assistance Patrol is aware of this group. He also raised concerns around safety for others in the area. A. McKenzie is hopeful that the area will improve following the proposed introduction of a partial dry zone which Davenport Community Council is working to introduce.

PRESENTATION New Program ‘Connected Horizons’ by Salvation Army A successful application for funding to work specifically with Aboriginal young

people has seen the collaboration of the Salvation Army and Tjungu Services to deliver the ‘Connected Horizons’ program. The program targets three key areas of family, community and country through intensive mentoring programs, drop-in services and group programs for young Aboriginal people between the ages of 10 to 19 years who are at risk, vulnerable or disengaged. The program commenced in September and includes events, activities and mentoring.

NEXT MEETING Tuesday, 11 February 2020 10:30am, Civic Centre (Council Chambers). Christmas wishes were extended to the group. The Chairperson Jo Newell closed the Meeting at 12:45pm.

REPORT FOR: Council MEETING DATE: 10 December 2019 REPORT FROM: Director City Services REPORT TITLE: Central Oval Turf Wicket Proposal FILE NAME: F18/741 RECORD NO: AR19/48808 COMMUNITY VISION & STRATEGIC PLAN OUTCOMES 2 We Create 2.1 Provide facilities and programs that support creativity and excellence in recreation,

sport and the arts. 3 We Connect 3.3 Provide infrastructure and resources that promote a healthy environment and

improve social development. PURPOSE The purpose of this report is to present to Council a proposal received from the Port Augusta Cricket Association, and outline the process for Council’s further consideration of this matter. RECOMMENDATION Council: 1. Receives and notes the Proposal from the Port Augusta Cricket Association

(AR19/53467). 2. Requests a formal Business Plan be submitted by the Port Augusta Cricket

Association for further consideration. BACKGROUND On 24 September 2019 Council resolved the following:

2. Notes that the upgrade turf design for Central Oval incorporates the capability for the installation of a cricket turf wicket.

3. Be provided with a report examining the feasibility and opportunities for

cricket being accommodated at Central Oval. Council received an initial proposal from the Port Augusta Cricket Association and on 30 October 2019. Following a meeting with a representative of Port Augusta Cricket Association the attached revised correspondence was received on 2 December 2019.

2 DISCUSSION As per the resolution made by Council on 24 September 2019, for Council to consider the inclusion of a turf wicket, a report examining the feasibility and opportunities for cricket being accommodated at Central Oval will be required. To enable this report to be presented, Council will require a business case to be presented by the Port Augusta Cricket Association. Following the provision of a business case, Council will be in a position to determine whether it wishes to consider a budget allocation to further explore or implement the installation of a turf wicket at Central Oval. Information that the Council is likely to require prior to making a decision on the installation of a turf wicket includes;

• Matters identified within the correspondence of the 29 November, including the development of a Strategic Plan for Port Augusta Cricket and a Business Plan.

• Cost estimates for ongoing maintenance and management. • Consideration of who pays, how much, and the division of cost recovery. • The effect upon other Central Oval users and costs, and the outcome of

consultation with other users of Central Oval. • An assessment of the community benefit and the costs and opportunities

associated with potential increased cricket content at Central Oval. CONFIDENTIALITY PROVISIONS Not applicable. RISK MANAGEMENT 1: Financial/Budget/Asset Management Upon provision of a detailed business case, a further feasibility report may be commissioned by Council. A cost estimate for this report may be included for consideration during the 2020/2021 budget process. 2: Legal/Policy Not applicable. 3: Environment/Planning Not applicable. 4: Community

4.1 General Council will liaise with the Port Augusta Cricket Association in relation to this proposal. Consultation with Central Oval user groups is required.

4.2 Aboriginal Community Consultation As above.

Melissa Kretschmer 02/12/2019

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REPORT FOR: Council MEETING DATE: 10 December 2019 REPORT FROM: Director City Services REPORT TITLE: Salaries Budget Variation FILE NAME: F19/15 RECORD NO: AR19/53371 COMMUNITY VISION & STRATEGIC PLAN OUTCOMES 6 We Achieve 6.1 Strong leadership and a committed and focused workforce to effectively manage

and progress the City. 6.5 We use and manage our financial resources in the best interests of our community,

and to ensure financial sustainability and organisational efficiency now and into the future.

PURPOSE The purpose of this report is to re-allocate salaries budgets within various Council programs to accommodate minor organisation structure changes, revised roles and reporting efficiencies. RECOMMENDATION Council: Approves the re-allocations of funds from the ‘Records Management’ budget to ‘Information Communications Technology’ and ‘Yarta Purtli, Fountain Gallery and Lea Theatre’ budgets. BACKGROUND Following the provision of the BDO International Organisation Review findings, Management Group has been reviewing the organisation structure and making changes as opportunities arise, including revised roles and reporting efficiencies. These proposed changes require the re-allocation of salary budgets, from one department to another. DISCUSSION The proposed re-allocation of budget will allow several roles to be revised to accommodate business needs, realising reporting efficiencies. This budget allocation does not impact the overall salaries budget, nor does it have an impact on overall employee headcount. It is proposed that the funding from the now vacant Records Assistant role is transferred to several areas to increase part time roles to full time roles to support business requirements. The roles being increased include the two Venue and Events roles that currently support the Cultural Centre, and expanding these roles to include the management of all Council venues and Council events. The Information Systems Officer will also be increased to accommodate the gap created by not replacing the Records Assistant role.

2 This requires an allocation of funds to be transferred from the ‘Records Management’ budget to ‘Information Communications Technology’ budget, to the value of $14,100, and to ‘Yarta Purtli, Fountain Gallery and Lea Theatre’ to the value of $52,100. Proposed Budget Variations Directorate Budget Area Budget

Increased Budget Decreased

City Services Records Management 66,200 City Services Yarta Purtli, Fountain Gallery and

Lea Theatre 52,100

Corporate Services Information Communications Technology

14,100

TOTAL 66,200 66,200 CONFIDENTIALITY PROVISIONS Not applicable. RISK MANAGEMENT 1: Financial/Budget/Asset Management This budget allocation will allow more accurate reporting on salary costs for various Council programs. 2: Legal/Policy Council’s “Budget Reporting and Amendment” policy 2.6.12 requires Council to approve budget variations that result changes to program budgets. 3: Environment/Planning No applicable. 4: Community

4.1 General Not Applicable.



REPORT FOR: Council MEETING DATE: 10 December 2019 REPORT FROM: Director City Services REPORT TITLE: Building Fire Safety Committee Membership FILE NAME: F10/2358 RECORD NO: AR19/52909 COMMUNITY VISION & STRATEGIC PLAN OUTCOMES 6 We Achieve 6.3 We aim to provide good governance practices and compliance with all legislative

requirements in delivery of services. PURPOSE To enable Council to formally appoint the Metropolitan Fire Service and South Australian Country Fire Service representatives to Council’s Building Fire Safety Committee. RECOMMENDATION Council: 1. Appoints 1) Mr Peter Harmer – Chairperson 2) Mr Simon Hogben – Metropolitan Fire Service 3) Mr Mark Dally – Metropolitan Fire Service (proxy) 4) Mr Julian Aggiss – SA Country Fire Service 5) Mr Joel Taggart – SA Country Fire Service (proxy) 6) Mr Darren Chapman – SA Country Fire Service (proxy) 7) Mr Kevin Churchward - SA Country Fire Service (proxy) 8) Mr Phil McDonough - SA Country Fire Service (proxy) to the Council’s Building Fire Safety Committee until 30 May 2021. 2. Adopts the Building Fire Safety Committee Terms of Reference, as attached. BACKGROUND Council established the Building Fire Safety Committee pursuant to Section 71(19) of the Development Act 1993. The Building Fire Safety Committee is required to have at least three members, of whom:-

a) one must be a person with prescribed qualifications in building surveying; b) one must be a person nominated by the Chief Officer of the SA Metropolitan

Fire Service or the Chief Officer of the SA Country Fire Service; and c) one must be a person with expertise in the area of fire safety.

Council also has the option to appoint other members to a Building Fire Safety Committee, who may be any person the Council considers appropriate to nominate.

DISCUSSION 1) Advice was received by Council from the CFS Chief Officer of the South Australian

Country Fire Service, of staffing changes and that Mr Julian Aggiss will represent the SA Country Fire Service on Council’s Building Fire Safety Committee as from 8 August 2019.

Mr Joel Taggart, Mr Darren Chapman, Mr Kevin Churchward and Mr Phil McDonough

as proxies. 2) Advice was received by Council from the MFS Chief Officer of the South Australian

Metropolitan Fire Service in July 2019, that Mr Simon Hogben will represent the SA MFS on Council’s Building Fire Safety Committee and Mr Mark Dally as the proxy.

3) Mr Peter Harmer, the Engineering Consultant used by Council, advised of his interest

in remaining on the Building Fire Safety Committee in April 2018 for a three year term. Mr Harmer provides advice to the Development Services Department in relation to structural engineering issues associated with Building Rules Consent issues that are outside of the expertise of Council Officers. He is a qualified structural engineering with many years’ experience and currently is the Chairperson of a number of Councils’ Building Fire Safety Committees. Mr Harmer holds the prescribed qualifications required under the Development Act 1993 in relation to building surveying.

Pursuant to Section 71(19)(b) of the Development Act 1993, Council may appoint members to the Building Fire Safety Committee for a period not exceeding three years. It is recommended that all of the above officers be appointed to Council’s Building Fire Safety Committee with their term expiring on 30 May 2021, in line with the review undertaken in April 2018. Administrative support to the Committee is provided by Council’s Building Officer. It is recommended that Council approves the above appointments to the Port Augusta City Council’s Building Fire Safety Committee and updated the Terms of Reference to reflect these appointments. CONFIDENTIALITY PROVISIONS Not applicable. RISK MANAGEMENT 1: Financial/Budget/Asset Management Not applicable. 2: Legal/Policy Section 71 of the Development Act 1993 outlines the provisions for Councils to establish a Building Fire Safety Committee and identifies those professional officers who must make up the membership of the Committee. Section 157 of the Planning, Development and Infrastructure Act 2016 outlines the legislative provisions under this Act, which will in future take over from the Development Act 1993 provisions. 3: Environment/Planning Not applicable.

4: Community

4.1 General The Building Fire Safety Committee play an important role in protecting the on-going safety of building occupiers and users, by investigating whether building owners are maintaining proper levels of fire safety in their buildings.

4.2 Aboriginal Community Consultation

Not applicable. Melissa Kretschmer 27/11/2019

Version 8: July 2018 (AR14/435[v9])

Building Fire Safety Committee

Terms of Reference

PREAMBLE On occasion Council is required to establish a Committee for the purposes of undertaking specific functions and duties, to ensure compliance with legislative requirements. Such Committees are classified by Council as Statutory Committees. 1. Establishment of the Building Fire Safety Committee Pursuant to Section 71 (19) of the Development Act 1993, the Council established a

Committee to be known as the Building Fire Safety Committee (referred to in these Terms of Reference as ‘the Committee’).

2. Committee Objectives The Port Augusta City Council shall play an important role in protecting the on-going safety

of building occupiers and users, by investigating whether building owners are maintaining proper levels of fire safety in their buildings for the protection of all occupiers, whether they are residents and workers who use them regularly, or clients and visitors who only use them occasionally.

3. Committee Activities The activities of the Building Fire Safety Committee include:

i) developing appropriate building fire safety inspection policies;

ii) scrutinising the fire safety of buildings that have been identified as having inadequate fire safety provisions;

iii) issuing notices of Fire Safety Defect to building owners, which identify fire safety provisions that need to be upgraded to an extent that provides a reasonable level of safety for occupants;

iv) forwarding information on Section 71 ‘Fire Safety Notices’ to Council’s administration in relation to Section 7 enquiries (i.e. land and Business [Sale and Conveyancing] Act 1994);

v) where appropriate, negotiate a cost effective performance solution with a building owner to reduce fire safety risks to a reasonable level;

vi) issuing ‘Notices of Building Work Required’, which schedule prescribed building work that must be carried out in order to raise the building fire safety to a reasonable level of safety;

vii) initiating enforcement or other action to ensure a building owner complies with a ‘Notice of Building Work Required’; and

viii) revoking or varying fire safety notices where appropriate.


4. Membership: Membership of the Committee shall comprise the following: Mr Simon Hogben – Metropolitan Fire Service Mr Phil Evans Mr Mark Dally – Metropolitan Fire Service (proxy) Mr Colin Paton – SA Country Fire Service Mr Julian Aggiss – SA Country Fire Service (1st proxy) Mr Joel Taggart, Mr Darren Chapman, Mr Kevin Churchward, Mr Phil McDonough – SA

Country Fire Service (Other Proxies) Mr Peter Harmer – Consultant Building Surveyor 5. Presiding Member of the Committee Having regard to a decision of the Council, the Committee will appoint its Chairperson and

Deputy Chairperson from time to time as the need arises. The Committee has appointed Mr Peter Harmer as Chairperson.

6. Term of Office 3 Years pursuant to the provisions of Section 71(19)(b) of the Development Act 1993. The term of office will expire on 30 May 2021 for all members. 7. Reporting Arrangements A report on the activities of the Building Fire Safety Committee will be included within the

Council’s Annual Report each year. 8. Confidentiality Not applicable. 9. Delegated Authority All Members of the Committee have been appointed authorised officers of the Council to

enable them to enter and inspect any building for the purposes of determining whether the fire safety of a building is adequate.

10. Conduct and Conflict of Interest of Committee Members Council Officers of the Committee must comply with the Employee Performance Standard

Internal Management Control 3.1.15 relating to Conduct and Disclosure of Interests. As a member of the Committee, you must not make improper use of your position to gain

(directly or indirectly) an advantage for yourself or for another person closely associated with you. You must make sure there is no conflict between your private interests and your role as a public decision maker.

As a Committee Member you will have to declare what your interest is, to the CEO, in any

matter before the Committee.


11. Meeting Times & Place Meetings are to be held at least once in every three months and will be held in the

Downstairs Meeting Room, Civic Centre, 4 Mackay Street, Port Augusta with on-site inspections at various location within Port Augusta being a major part of the meeting.

12. Quorum & Voting by Members A quorum shall be 3 members and each member of the Committee present at a relevant

meeting, must vote on any issue put forward at that meeting. The Council Officers provide administrative support to the Committee and do not have any voting rights on the Committee.

13. Meeting Procedures Agendas and Minutes are prepared by the Chairperson and distributed to Committee

Members accordingly. Council’s Building Surveying Technician Building Officer will record the Minutes of Meetings

outlining decisions of the Committee in relation to any particular Property. Decisions and correspondence to and from the Committee shall be recorded and stored on the appropriate TRIM Files.

14. Access and Documents Members of the public can apply under the provisions of the Freedom of Information Act

1991 for documents held by Council, relating to the activities of the Building Fire Safety Committee.

15. Responsible Officer Consultant Building Surveyor (Mr Peter Harmer) 16. Liability and Insurance Pursuant to Section 41(12) of the Local Government Act 1999 no civil liability attaches to a

member of a committee for an honest act or omission in the exercise, performance or discharge, or purported exercise, performance or discharge, of the member’s or committee’s powers, functions or duties.

17. Administrative Support To be provided by Council’s Senior Development Officer - Building (Mr Nick Heron) and

Development Officer - Building (Mr Adam Grantham) - proxy. Building Officer. 18. Sitting Fee Not applicable.

REPORT FOR: Council MEETING DATE: 10 December 2019 REPORT FROM: Director City Services REPORT TITLE: Review of Code of Practice for Access to Council Meetings and

Documents Policy FILE NAME: F10/2082 RECORD NO: AR19/52148 COMMUNITY VISION & STRATEGIC PLAN OUTCOMES 6 We Achieve 6.3 We aim to provide good governance practices and compliance with all legislative

requirements in delivery of services. PURPOSE The purpose of this report for the Elected Members to review the Code of Practice for Access to Council Meetings and Documents Policy 1.1.06 and to approve a community consultation process for the document. RECOMMENDATION Council: Approves releasing the revised Code of Practice for Access to Council Meetings and Documents Policy 1.1.06 for public consultation. BACKGROUND Section 92 of the Local Government Act 1999 provides that Council must prepare and adopt a code of practice relating to the principles, policies, procedures and practices that the Council will apply for the purposes of the operation of Parts 3 and 4 of the Act. Section 92(2) of the Local Government Act 1999 provides that a Council must, within 12 months after the conclusion of each periodic election, review the operation of its code of practice under this section. Section 92(5) of the Local Government Act 1999 provides that before a Council adopts, alters or substitutes a code of practice it must: 1) make copies of the proposed code, alterations or substitute code available for

inspection or purchase at the Council’s Principal Office; and 2) follow the relevant steps set out in its public consultation policy. The Code of Practice for Access to Council Meetings and Documents 1.1.06 was last reviewed at the Council meeting on 24 August 2015.

DISCUSSION The Code of Practice Access to Council Meetings and Documents has been reviewed to comply with the legislative provisions that it be reviewed within 12 months following a periodic election. The Code of Practice has been reformatted in Council’s new template and has had minor amendments made to better align the document with the Local Government Association Model Code of Practice, and to remove unnecessary duplication of content. The section on Council and Committee Meeting Timeframes has been removed as these details do not need to be contained within a policy document. The proposed new version and former version of the Code of Practice are both attached for reference. Where Council make alterations to the Code of Practice it is necessary to undertake community consultation in line with Council’s public consultation process. As such, if the draft document is approved by Council, the Code of Practice will be released for public consultation, with an advertisement placed in the Transcontinental, and the document provided in hard copy at the Civic Centre and electronically on Council’s website and social media for public comment and feedback. It is recommended that Council approve releasing the Code of Practice to the community for comment, to ensure that Council complies with Section 92(5) of the Local Government Act 1999. CONFIDENTIALITY PROVISIONS Not applicable. RISK MANAGEMENT 1: Financial/Budget A small cost will be incurred for the advertising the Code of Practice review process in the Transcontinental. 2: Legal/Policy Section 92 of the Local Government Act 1999 provides the legislative requirements for Council to maintain a Code of Practice in relation to Access to Council Meetings and Documents. 3: Environment/Planning Not applicable. 4: Community

4.1 General

The community will be provided an opportunity to review and comment on the content of the Code of Practice as part of the public consultation process.



1.1.06 Code of Practice for Access to Council Meetings and Documents

Statutory Policy TRIM Reference AR18/46309

First Issued 04 October 2000 Last Reviewed 10 December 2019

Next Review November 2023 1. POLICY STATEMENT

The Port Augusta City Council supports the principle that meeting procedures should contribute to open, transparent and informed decision-making and encourage appropriate community participation in the affairs of the Council.

2. PURPOSE 2.1 Purpose

2.1.1 This Code of Practice sets out the commitment of Council to provide public access to Council and Council Committee meetings and documents and outlines the policies and procedures contained within the Local Government Act 1999, to restrict public access to meetings and documents. This Code includes:

a) information on the relevant provisions of the Act

b) Council’s policy on public access and participation

c) the process adopted to restrict public access to a meeting or a document

d) grievance procedures to be followed if a member of the public believes that the Council has unreasonably restricted public access on a particular matter.

2.1.2 This Code of Practice sets out the policy of Council for access to meetings

and documents and includes information relating to:

a) access to the agenda for meetings

b) public access to meetings

c) the process to exclude the public from meetings

d) matters which an order to exclude the public can be made

e) how Council approaches the use of the confidentiality provisions in the Act

f) public access to documents, including minutes

g) review of confidentiality orders

h) accountability and reporting to the community, and availability of the code

i) grievances about the use of the Code by Council. 2.2 Scope

2.2.1 This Code of Practice applies to all Council meetings and informal gatherings and Council Committee meetings.

2.2.2 This Code of Practice may be varied for a Council Committee that does not

perform regulatory activities, and any variation will be specified in the Committees Terms of Reference.

2.3 Strategic Reference

6 We Achieve

6.3 We aim to provide good governance practices and compliance with all legislative requirements in delivery of services.

3. PRINCIPLES

3.1 Public Access to the Agenda for Meetings

3.1.1 At least three clear days before the Council or Council Committee meeting (unless it is a special meeting) the Chief Executive Officer (CEO) must give written notice of the meeting to all Council/Committee members setting out the date, time and place of the meeting.

3.1.2 The notice of the meeting and agenda will be placed on public display at

the Port Augusta City Council Civic Centre and on Council’s Website. The notice and agenda will be kept on public display and continue to be published on the website until the completion of the relevant meeting.

3.1.3 The notice must contain or be accompanied by the agenda for the meeting.

Items listed on the agenda will be described accurately and in reasonable detail

3.1.4 Copies of the agenda documents and non-confidential reports that are to be

considered at the meeting are to be supplied to Elected Members and will be made available to members of the public in attendance.

3.1.5 Copies of all agenda documents including confidential reports that are to

be considered at the meeting will be made available to Elected Members electronically, and in hard copy where requested.

3.1.6 Members of the public may obtain a copy of the agenda and any reports for

a fee to cover printing costs, in accordance with Council’s Fees and Charges Register.

3.1.7 Where the CEO of the Council (after consultation with the Mayor, or

Committee presiding member) believes that a document or report on a particular matter should be considered in confidence, the basis under which the order could be made in accordance with section 90(3) of the Act will be specified. Despite the CEO recommendation, it is a decision of the Council or Council Committee as to whether an item is considered in confidence at the meeting.

3.2 Public Access to Meetings and Informal Gatherings

3.2.1 The Local Government Act 1999 provides that Council and Committee

Meetings must be open to the public, except where Council (or the Council Committee) believes it is necessary in the broader community interest to exclude the public from the discussion (and, if necessary decision) of a particular matter.

3.2.2 The public will only be excluded when considered proper and necessary,

where there is a need for confidentiality which outweighs the principle of open decision-making.

3.2.3 Council encourages public attendance at meetings of the Council and

Committees through public notification of meetings by placing a copy of the agenda on Council’s Website, Social Media and in the Civic Centre.

3.2.4 In accordance with Section 90 of the Act, Elected Members, Committee

members and staff may participate in informal gatherings, provided that a matter which would ordinarily form part of the agenda for a formal meeting, is not dealt with in such a way as to obtain a decision outside of a formally constituted Meeting. Council is not bound to hold an informal gathering open to the public.

3.2.5 Informal gatherings or discussion may include workshops, briefing or

training sessions, planning sessions associated with the development of

policies or strategies, or social gatherings to encourage informal communication between Elected Members or between Elected Members and staff.

3.3 Process to Exclude the Public from a Meeting

3.3.1 The practice of the Port Augusta City Council is to deal with the agenda

items in the order listed in the Agenda, and for the convenience of the public present at the meeting, confidential reports are considered at the end of the agenda.

3.3.2 The process to exclude the public from a particular matter requires the

meeting to formally determine if this is necessary and appropriate in public, and then pass a resolution to exclude the public while dealing with that particular matter.

3.3.3 This means that all members of the public (including staff) are required to

leave the room, unless exempted by being named in the resolution as entitled to remain. Council staff and any other person permitted to remain at the meeting, must be named in the Resolution which excludes the public generally.

3.3.4 Once a Confidential Order has been made, it is an offence for a person

(who knows the Order is in force) to enter or remain in the room in which such a Meeting is being held. If any person fails to leave on request, and force is required to remove the person from the room, SA Police will be requested to attend to remove the person.

3.3.5 Once discussion on that particular matter is concluded, the public are

permitted to re-enter the meeting. If there is a further matter that needs to be considered in confidence it is necessary to undertake another formal determination process and to resolve to exclude the public.

3.4 Circumstances where the Public can be excluded from a Meeting

3.4.1 In accordance with section 90(3) of the Local Government Act 1999, Council or a Council Committee may order that the public be excluded from attendance at any part of a Meeting as is necessary to receive, discuss or consider in confidence, any information or matter under the following provisions:

a) information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of any person (living or dead)

b) information the disclosure of which

i) could reasonably be expected to confer a commercial advantage on a person with whom the council is conducting, or proposed to conduct, business, or to prejudice the commercial position of the council; and

ii) would, on balance, be contrary to the public interest

c) information the disclosure of which would reveal a trade secret

d) commercial information of a confidential nature (not being a trade secret) the disclosure of which

i) could reasonably be expected to prejudice the commercial position of the person who supplied the information, or to confer a commercial advantage on a third party; and

ii) would, on balance, be contrary to the public interest.

e) matters affecting the security of the Council, Elected Members or employees of the Council, or Council property or the safety of any person

f) information the disclosure of which could reasonably be expected to prejudice the maintenance of law, including by affecting (or potentially affecting) the prevention, detection, or investigation of a criminal offence, or the right to a fair trial

g) matters that must be considered in confidence in order to ensure that the Council does not breach any law, order or direction of a Court or Tribunal constituted by Law, and in duty of confidence, or other legal obligation or duty

h) legal advice

i) information relating to actual or litigation that the council or council committee believes on reasonable grounds will take place, involving the council or an employee of the council

j) information the disclosure of which

i) would divulge information provided on a confidential basis by or to a Minister of the Crown, or another public authority or official (not being an employee of the council, or a person engaged by the council); and

ii) would, on balance, be contrary to the public interest

k) tenders for the supply of goods, the provision of services or carry out of works

m) information relating to a proposed amendment to a development plan under the Development Act 1993 before a Development Plan Amendment proposal relating to the amendment is released for public consultation under that Act

n) information relevant to the review of a determination of a Council under the Freedom of Information Act 1991.

3.4.2 In considering whether an order should be made under section 90(2), in

accordance with section 90(4) an Order cannot be made only on the basis that discussion of a matter in public may cause embarrassment to the Council or Committee concerned or to Elected Members or employees of the Council, or cause a loss of confidence in the Council or Committee.

3.4.3 If an order to exclude the public is made, the Council or Council Committee

is required to make a note in the minutes of the making of the Order and the grounds on which it was made. Sufficient detail of the grounds on which the Order was made will be included in the Minutes.

3.5 Use of Confidentiality Provisions

3.5.1 The consideration of use of confidentiality provisions to exclude the public

from the discussion of a particular matter at a meeting will require the identification of one or more of the grounds listed within Section 90(3) of the Act and the factual reasons for the relevance and application of the ground(s) in the circumstances.

3.5.2 Council will not consider multiple agenda items ‘in confidence’ together. It

will determine each item and consider exemptions relevant to each item separately.

3.5.3 Information of the grounds on which an order is to be made will be

communicated to the public at the time of the public being requested to leave, and the public will not be excluded until after a confidentiality motion has been debated and passed and sufficient reasons for the need to exclude the public provided.

3.5.4 Once discussion of the matter is concluded, the meeting will then consider if it is necessary to make an order that a document associated with this agenda item (including minutes) remain confidential. If the meeting determines that it is proper and necessary to keep a document

confidential, a resolution for an order to this effect is required in accordance with Section 91(7) of the Act.

3.5.5 In accordance with Section 91(8) the Council must not make an order to

keep a document confidential:

a) to prevent the disclosure of the remuneration or conditions of service of an employee of the Council after the remuneration or conditions have been set or determined

b) to prevent the disclosure of the identity of a successful tenderer, or any reasons as to why a successful tenderer has been selected

c) to prevent the disclosure of amount(s) payable by the Council under a contract for the provision of goods, services or works after the contract has been entered into by all parties to the contract

d) to prevent the disclosure of the identity of land that has been acquired or disposed of by the Council, or of any reasons adopted by the Council as to why land has been acquired or disposed of by the Council.

3.5.6 When making an order to retain information in confidence the meeting

must specify the duration of the order or the circumstances in which the order will cease to apply, or a period after which the order must be reviewed. If the order is to apply for a period exceeding 12 months, the order must be reviewed every 12 months from the date it was made. The duration of the order and the grounds pursuant to Section 90(3) on which it was made must be recorded in the Minutes.

3.5.7 Once discussion of the matter is concluded and the public have returned, the decision in relation to the matter will be made publicly known, unless the Council has resolved to order that information remain confidential. Details relating to an order to retain information in confidence must also be made known.

3.5.8 In all cases the objective is that the information be made publicly available at the earliest possible opportunity and that the community is informed of any Council order and the associated implications.

3.5.9 Where information is provided to Council by a third party and they request that it is kept confidential, Council may only consider such a request on its merits, if the matter is one that falls within Section 90(3).

3.6 Public Access to Minutes Minutes of a meeting of Council or a Council Committee will be publicly available

within 5 days after the meeting, including on Council’s website. 3.7 Public Access to Documents

3.7.1 Many Council documents are available for inspection and purchase by the

public, and may be available in electronic form on the website for public access.

3.7.2 Council Committee Minutes have no legal status, as they are

recommendations to Council, and it is only after a Council Meeting that the Minutes have legal status. The exception to this where Council delegates its decision-making powers to a Council Committee.

3.7.3 Agendas, Reports and Minutes may be obtained at the Civic Centre or on

Council’s website. Copies may be purchased in accordance with Council’s Fees and Charges Register.

3.7.4 Requests to access Council and Council Committee documents can also be

made under the Freedom of Information Act 1991. Enquiries in relation to the process for access to documents under Freedom of Information

provisions should be directed to Council’s accredited Freedom of Information Officers on 8641 9100.

3.8 Review of Confidentiality Orders 3.8.1 A confidentiality order made under Section 91(7) of the Act, must specify

the duration of the order or the circumstances in which the order will cease to apply, or a period after which the order must be reviewed.

3.8.2 An order will lapse if the time or event specified has been reached or

carried out. There is no need for the Council to resolve for the confidential order to be lifted, as once the order has lapsed, the information automatically become public.

3.8.3 A review of the information retained in confidence will be conducted every

3 months to ensure that items are released in accordance with the resolution of Council, following the lapse of the confidential provisions. All information will be published on Council’s website following release from confidential provisions.

3.8.4 Orders that exceed 12 months must be reviewed annually and Council must

assess whether the grounds for non-disclosure are still relevant, and if so, provide the relevant grounds and reasons for the information to remain confidential. The conduct of the annual review is delegated to the Chief Executive Officer and may be sub-delegated. For items that require a new confidentiality order because the original order is about to expire, the reviewer will prepare a report to Council making recommendations with respect to each item to be retained in confidence. Each item must then be addressed separately and assessed against Section 90(3) and Section 91(7) of the Act and Council cannot delegate the power.

3.8.5 Council may resolve to exclude the public from a meeting to discuss and

undertake consideration of the recommendations arising from the annual review in confidence, subject to the application of the relevant ground under Section 90(3) of the Act.

3.8.6 If there is no longer a need for a confidentiality order, Council or Council

Committee may delegate the power to revoke an order made in accordance with Section 91(7) of the Act. The confidentiality resolution may include whether any delegation is given to revoke the order and, any conditions associated with the delegation.

3.9 Accountability and Reporting to the Community

3.9.1 A report on the use of Sections 90(2) and 91(7) must be included in the

Annual Report of Council as required by Schedule 4 of the Act. The reporting will include the following information, separately identified for both Council and Council Committees:

a) Number of occasions each provision of Sections 90(2) and 90(3) to exclude the public were utilised

b) Number of occasions each provisions of Sections 90(2) and 90(3) and Section 91(7) were utilised, expressed as a percentage of total agenda items considered

c) An indication of any particular issues that contributed to the use of confidentiality provisions on more than one occasion (e.g. a proposal to acquire a parcel of land was considered on 3 separate occasions)

d) Number of occasions that information originally declared confidential has subsequently been made publicly available

e) Number of occasions that information declared confidential has been retained in confidence and the reason for this in each case.

3.10 Grievance

3.10.1 Section 270 of the Local Government Act 1999 provides that the Council is required to establish procedures for the review of decisions in relation to the operation of Council and its Committees.

3.10.2 If a person is aggrieved about public access to either a meeting or a

document, they can lodge an application for review of that decision under Council’s Internal Review of Council Decisions Policy 1.1.05, which can be found on Council’s website.

3.11 Code of Practice Availability

The public may inspect a copy of this Code at the Civic Centre or on Council’s website. Alternatively, the public may obtain a copy for a fee fixed by the Council’s Fees and Charges Register. Further enquiries in relation to the Code should be directed to the Chief Executive Officer, on 8641 9100.

4. RESPONSIBILITY & REVIEW

4.1 Responsible Officer Director City Services 4.2 Availability

This policy will be available on Council’s website.

4.3 Review

This Code will be reviewed within 12 months of a periodic Council Election, or as required on an as needs basis.

5. REFERENCES 5.1 Legislation Local Government Act 1999 5.2 Other References

Internal Review of Council Decision Policy 1.1.05 Fees and Charges Register

REPORT FOR: Council MEETING DATE: 10 December 2019 REPORT FROM: Director City Services REPORT TITLE: Policy Review – Dealing with Disruptive Behaviours 2.3.15 FILE NAME: F18/734 RECORD NO: AR19/52457 COMMUNITY VISION & STRATEGIC PLAN OUTCOMES 6 We Achieve 6.3 We aim to provide good governance practices and compliance with all legislative

requirements in delivery of services. PURPOSE The purpose of this report is for Council to review the Dealing with Disruptive Behaviours Policy 2.3.15, as a part of the policy review process. RECOMMENDATION Council: 1. Notes that the Dealing with Disruptive Behaviours Policy 2.3.15 has now been

classified as a ‘Council’ policy. 2. Adopts the Dealing with Disruptive Behaviours Policy 2.3.15 3. Updates the Council website to reflect the updated version of the Dealing with

Disruptive Behaviours Policy 2.3.15 BACKGROUND The Dealing with Disruptive Behaviours Policy is one of the 81 Internal/ Administrative Policies that is required to be reviewed within 12 months after a General Election. DISCUSSION The Dealing with Disruptive Behaviours Policy 2.3.15 has been updated into the new Policy format. The policy is currently classed as an ‘Administration’ policy however it is recommended that this policy be re-classified as a ‘Council’ policy as the content is in reference to behavioural standards at public meetings of the Council. The policy outlines clearly the steps that the presiding member of the meeting should take in regard to disruptive behaviours at public meetings of the Council. There are no further amendments recommended to this policy. It is recommended that the revised policy be endorsed, as attached.

2 CONFIDENTIALITY PROVISIONS Not applicable. RISK MANAGEMENT 1: Financial/Budget/Asset Management Not applicable. 2: Legal/Policy Statutory provisions under Section 95 of the Local Government Act 1999, Regulation 30 of the Local Government (Procedures at Meetings) Regulations 2013 and Section 7 and 18A of the Summary Offences Act 1953, outline enforcement penalties for disruptive behaviour at public meetings of the Council. 3: Environment/Planning Not applicable. 4: Community

4.1 General Council Policies are placed on Council’s Website for easy access by the community. Hard copies are also available to be reviewed at the Civic Centre and may be purchased for a fee as determined by Council, refer Fees and Charges Register



2.3.15 Dealing with Disruptive Behaviours Policy

2.3.15: DEALING WITH DISRUPTIVE BEHAVIOURS Council Policy

TRIM Reference AR19/29670 First Issued 24 October 2016

Last Reviewed 10 December 2019 Next Review November 2023

1. POLICY STATEMENT

1.1 Port Augusta City Council complies with the provisions of the Local Government

(Procedures at Meetings) Regulations 2013 and Council’s Code of Practice Meeting Procedures 1.1.15 to ensure meetings are held in an open and transparent manner and that Elected Members are informed and are responsible decision makers. Whilst community participation in the affairs of the Council is encouraged, it is essential that meeting protocols in relation to appropriate behaviour throughout a meeting is maintained.

1.2 While Council Informal Gatherings are not formal decision making forums of the Council as

a local government authority, the principle is that such meetings are undertaken with the same level of management and behavioural standards as a formal Council/Committee Meetings.

2. PURPOSE

2.1 Purpose

The purpose of this policy is to provide clear steps for the management of disruptive behaviour by a member of the public, at Council/Committee Meetings and Informal Gatherings.

2.2 Scope

2.2.1 To protect democracy, democratic processes and the ability of members of the community to observe and, where appropriate, participate in, Council/Committee Meetings and Informal Gatherings free of disruptive behaviour.

2.2.2 The Presiding Member at Council/Committee Meetings and Informal Gatherings

will be responsible for implementing the provisions of this policy, as required. 2.3 Strategic Reference

6. We Achieve 6.1 Strong leadership and a committed and focused workforce to effectively manage

and progress the City. 6.3 We aim to provide good governance practices and compliance with all legislative

requirements in delivery of services.

3. PRINCIPLES

3.1 Council/Committee Meetings and Informal Gatherings are open to the public and attendance is encouraged, except where the Council (or the Council Committee or Chief Executive Officer) believes it is necessary in the broader community interest to exclude the public from the discussion and, if necessary, decision of a particular matter.

3.2 The public will only be excluded from Council/Committee Meetings when considered

appropriate and necessary in the circumstances, and after taking into account the provisions set out at Section 90 of the Local Government Act 1999.

3.3 In regard to Informal Gatherings, the CEO will consider and make a determination in

relation to the exclusion of the public, and reasons for excluding the public will be included within the agenda and place on Council’s Website.


3.4 The Council will not tolerate the interruption of meetings open to the public by members

of the public. Such behaviour serves not only to reduce the efficiency and effectiveness of the Council, but also denies other members of the public the opportunity to observe and participate, where appropriate, in Council proceedings and processes. Inappropriate behaviour also has the potential to cause detriment to any person affected by the decision and brings into disrepute the integrity of the decision-making of the Council.

3.5 The Council recognises that, at times, members of the community will feel strongly about

issues and matters that are before the Council for consideration and decision, however disruptive behaviour, and/or behaviour which shows disrespect for those involved in the conduct of Council business or other members of the public in attendance, is not acceptable and will not be tolerated.

3.6 Under the Work Health and Safety Act 2012, the Council has primary duty of care to

ensure, so far as is reasonably practicable, that workers and other people are not exposed to health (which includes psychological health) and safety risks associated with working at, or undertakings of, the Council. It is reasonably foreseeable that in some situations disruptive behaviour at Council/Committee Meetings and Informal Gatherings could impact negatively upon the health and safety of Council staff, Elected Members or the public

3.7 Disruptive Behaviour 3.7.1 Disruptive behaviour is to be assessed on a continuum. It amounts to more than

strong emotions or opinions expressed during the course of discussion in a public forum and it is more than the expression of controversial and/or extreme points of view.

3.7.2 Generally, ‘disruptive behaviour’ is that which interferes with the business of the

Council. The persistence, severity, and nature of the behaviour are key factors in determining the level of disruptiveness and the degree of tolerance with the perpetrator(s) of the disruptive behaviour and the nature of the action that the Council will take to address the behaviour. Examples include (but are not necessarily limited to):

a) talking when others are speaking;

b) constant interjection, particularly when the Presiding Member or Elected Members present at the Council Meeting are speaking, but also when Council staff, consultants or the public are addressing the Council/Committee Meeting;

c) refusal to accede to a Presiding Member’s lawful and reasonable instructions, particularly when asked to desist from disruptive behaviour;

d) verbal badgering;

e) frequent interruptions (including of a non-verbal nature);

f) audible mobile phone use in a public forum’

g) swearing or using derogatory and demeaning language;

h) unreasonably monopolising public opportunities for discussion and refusal to give up the floor to allow other members or the public to ask questions;

i) stalking or intimidation;

j) verbal or physical threats or any other aggressive or threatening behaviour towards either Elected Members, Council staff or other members of the public;

k) erratic, or otherwise odd or unusual behaviour;

l) excessive noise-making;

m) participants appearing to be under the influence of intoxicating alcohol or drug use; and

n) physical aggression to other people or property.


3.7.3 The Council notes that some of the above behaviours constitute a criminal offence, and the Council will take appropriate action, as required, in such circumstances, including calling the South Australia Police (SAPOL) and/or making a report to SAPOL.

3.8 Dealing with Disruptive Behaviours 3.8.1 Decisions about whether disruptive behaviour is occurring, and the appropriate

action to take in the circumstances, will be made by the Presiding Member, in accordance with this Policy.

3.8.2 If, in the view of the Presiding Member, the behaviour is considered to be

disruptive, the person (or persons) will be directed to cease such behaviour immediately.

3.8.3 Should the behaviour continue, and is, in the view of the Presiding Member,

disrupting the orderly conduct of Council business, the Council may adjourn the Council/Committee Meeting or Informal Gathering for a stated period of time. The details of the adjournment (including the reasons) must be included in the minutes.

3.8.4 During that adjournment the Presiding Member and the Chief Executive Officer

(CEO) (or delegate) will discuss the appropriate management of the situation with the person (or persons) involved, advising them of their statutory obligations and requesting that they cease disrupting the meeting. The Elected Members will not engage with the person (or persons) involved during this time but, rather, will remove themselves from the situation while the Presiding Member and the CEO discuss the matter with the disruptive person(s).

3.8.5 If, after resuming the Council/Committee Meeting or Informal Gathering, the

disruptive behaviour continues, the Presiding Member may take one or more of the following actions:

a) request the assistance of a member of SAPOL to attend the

Council/Committee Meeting or Informal Gathering and remove the offending person(s) pursuant to Section 18A(2) of the Summary Offences Act 1953, and/or any other relevant legislative provisions, and, in conjunction with the CEO seek to have the person(s) prosecuted for a breach of Section 18A(1) of the Summary Offences Act 1953, and/or any other relevant legislative provisions that may have been breached in the circumstances.

b) In the event that a member of SAPOL is not immediately available to attend, the Council/Committee Meeting or Informal Gathering will remain adjourned until such time as a member of SAPOL can attend, or after a reasonable period of time has elapsed (as determined by the Presiding Member), the Council/Committee Meeting will be adjourned to a time and date to be fixed.

c) As soon as practicable following the Council/Committee Meeting (that has either naturally concluded or has been adjourned in accordance with 4.8.3), if a member of SAPOL has been unable to attend, the Presiding Member, in conjunction with the CEO, will arrange for a comprehensive report to be made to SAPOL regarding the behaviour exhibited and setting out the identity of the person(s) (if known).

d) The Council will also consider any other legal avenues that may be open to it, including making application for an intervention order to restrict a person’s access to Council land and/or Council/Committee Meetings or Informal Gatherings as may be appropriate.

3.8.6 In all cases, the Council will, upon the outcome of any successful prosecution or other civil action, seek to recover from the offending person or persons, its full indemnity costs in pursuing the matter.

3.8.7 Upon the outcome of any successful prosecution as part of the sentencing process, the Council will in all cases:


a) make application to the Court for an order restraining the offending person(s) from attending at any Council/Committee Meeting or Informal Gathering for a period of no less than six calendar months; and

b) make submissions to the Court that a criminal conviction be recorded against the offending person(s).

3.8.8 Nothing in this Policy prevents an Elected Member, Council worker or member of

the public from making their own report in relation to disruptive behaviours to the appropriate public authority, and taking any lawful action they consider appropriate in the circumstances.

3.9 Enforcement - Statutory Provisions

3.9.1 The following statutory provisions are relevant considerations in the operation of

this Policy, however are not to be taken to be an exhaustive list of the statutory remedies and/or options available to the Council in dealing with disruptive behaviours.

3.9.2 Local Government Act 1999 Section 95 – Obstructing meetings A person who intentionally obstructs or hinders proceedings at a meeting of a

Council or Council Committee, or at a meeting of electors, is guilty of an offence. Maximum penalty: $1250 3.9.3 Local Government (Procedures at Meetings) Regulations 2013 Regulation 30 – Interruption of meetings by others A member of the public who is present at a meeting of a Council or Council

Committee must not – a) Behave in a disorderly manner; or

b) Cause an interruption. Maximum penalty: $500 3.9.4 Summary Offences Act 1953 Section 7 – Disorderly or offensive conduct or language

(1) A person who, in a public place or a police station –

(a) Behaves in a disorderly or offensive manner; or

(b) Fights with another person; or

(c) Uses offensive language, Is guilty of an offence. Maximum penalty: $1250 or imprisonment for 3 months. 18A – Public Meetings

(1) A person who, in at or near a place where a public meeting is being held –

(a) Behaves in a disorderly, indecent, offensive, threatening or insulting manner; or

(b) Uses threatening, abusive or insulting words; or


(c) In any way, except by lawful authority or on some other lawful ground, obstructs or interferes with –

i) A person seeking to attend the meeting;

ii) Any of the proceedings at the meeting; or

iii) A person presiding at the meeting in the organisation or conduct of the meeting, is guilt of an offence.

Maximum penalty: $1250 or imprisonment for 3 months.

(2) Where, in the opinion of the person presiding at a public meeting, a person in, at or near the place at which the meeting is being held –

(a) Is or has been behaving in a disorderly, indecent, offensive,

threatening or insulting manner; or

(b) Is or has been using threatening, abusive or insulting words; or

(c) In any way, except by lawful authority or on some other lawful ground, in or has been obstructing or interfering with –

i) A person seeking to attend the meeting; or


iii) A person presiding at the meeting in the organisation or conduct of the meeting,

The person presiding may request a police officer, or the police generally, to remove that person from the place or the area in the vicinity of the place.

4. RESPONSIBILITY & REVIEW

4.1 Responsible Officer Chief Executive Officer 4.2 Availability

This policy will be available on Council’s website.

4.3 Review

This policy will be reviewed within 12 months of a General Election for Local Government, or as required to meet other obligations.

5. REFERENCES 5.1 Legislation

Local Government Act 1999 Local Government (Procedures at Meetings) Regulations 2013 Summary Offences Act 1953 Work Health Safety Act 2012

5.2 Other References

Informal Gatherings Policy 1.1.19 Meeting Procedures Policy 1.1.15

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Dealing with Disruptive Behaviours (Operational Units Manual – 2.3.15) 1

2. POLICY/PROCEDURES

2.3 CITY MANAGEMENT – ADMINSITRATIVE SERVICES

POLICY NUMBER

2.3.15 Public

Document? Council or Administration

PAGES 6 Yes Administration

SUBJECT

DEALING WITH DISRUPTIVE BEHAVIOURS

COUNCIL MEETING

AR16/43277 ISSUE DATE

24/10/16 REVIEW DATE

DELETED DATE

EXTERNAL LEGISLATION INTERNAL REFERENCES

Local Government Act 1999Local Government (Procedures at

Meetings) Regulations 2013Summary Offences Act 1953Work Health Safety Act 2012

RELATED POLICIES RESPONSIBLE OFFICER

Meeting Procedures Policy 1.1.15Informal Gatherings Policy 1.1.19

Chief Executive Officer

SECTION A

1.0 POLICY STATEMENT

1.1 Port Augusta City Council complies with the provisions of the Local Government (Procedures at Meetings) Regulations 2013 and Council’s Code of Practice Meeting Procedures 1.1.15 to ensure meetings are held in an open and transparent manner and that Elected Members are informed and are responsible decision makers. Whilst community participation in the affairs of the Council is encouraged, it is essential that meeting protocols in relation to appropriate behaviour throughout a meeting is maintained.

1.2 While Council Informal Gatherings are not formal decision making forums of the Council as a local government authority, the principle is that such meetings are undertaken with the same level of management and behavioural standards as a formal Council/Committee Meetings.

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2.0 PURPOSE

2.1 The purpose of this policy is to provide clear steps for the management of

disruptive behaviour by a member of the public, at Council/Committee Meetings and Informal Gatherings.

2.2 To protect democracy, democratic processes and the ability of members of the

community to observe and, where appropriate, participate in, Council/Committee Meetings and Informal Gatherings free of disruptive behaviour.

3.0 RESPONSIBILITY & REVIEW

3.1 Chief Executive Officer 3.2 To be reviewed within 12 months after a General Election, in line with any

legislative changes or by resolution of Council.

SECTION B 4.0 PROCEDURE

4.1 Council/Committee Meetings and Informal Gatherings are open to the public and attendance is encouraged, except where the Council (or the Council Committee or Chief Executive Officer) believes it is necessary in the broader community interest to exclude the public from the discussion and, if necessary, decision of a particular matter.

4.2 The public will only be excluded from Council/Committee Meetings when

considered appropriate and necessary in the circumstances, and after taking into account the provisions set out at Section 90 of the Local Government Act 1999.

4.3 In regard to Informal Gatherings, the CEO will consider and make a determination

in relation to the exclusion of the public, and reasons for excluding the public will be included within the agenda and place on Council’s Website.

4.4 The Council will not tolerate the interruption of meetings open to the public by

members of the public. Such behaviour serves not only to reduce the efficiency and effectiveness of the Council, but also denies other members of the public the opportunity to observe and participate, where appropriate, in Council proceedings and processes. Inappropriate behaviour also has the potential to cause detriment to any person affected by the decision and brings into disrepute the integrity of the decision-making of the Council.

4.5 The Council recognises that, at times, members of the community will feel strongly

about issues and matters that are before the Council for consideration and decision, however disruptive behaviour, and/or behaviour which shows disrespect for those involved in the conduct of Council business or other members of the public in attendance, is not acceptable and will not be tolerated.

4.6 Under the Work Health and Safety Act 2012, the Council has primary duty of care

to ensure, so far as is reasonably practicable, that workers and other people are not exposed to health (which includes psychological health) and safety risks associated with working at, or undertakings of, the Council. It is reasonably foreseeable that in some situations disruptive behaviour at Council/Committee Meetings and Informal Gatherings could impact negatively upon the health and safety of Council staff, Elected Members or the public

4.7 Disruptive Behaviour 4.7.1 Disruptive behaviour is to be assessed on a continuum. It amounts to more

than strong emotions or opinions expressed during the course of discussion in a public forum and it is more than the expression of controversial and/or extreme points of view.

OLD POLIC

Y VERSION


4.7.2 Generally, ‘disruptive behaviour’ is that which interferes with the business

of the Council. The persistence, severity, and nature of the behaviour are key factors in determining the level of disruptiveness and the degree of tolerance with the perpetrator(s) of the disruptive behaviour and the nature of the action that the Council will take to address the behaviour. Examples include (but are not necessarily limited to):

a) talking when others are speaking;

b) constant interjection, particularly when the Presiding Member or Elected Members present at the Council Meeting are speaking, but also when Council staff, consultants or the public are addressing the Council/Committee Meeting;

c) refusal to accede to a Presiding Member’s lawful and reasonable instructions, particularly when asked to desist from disruptive behaviour;

d) verbal badgering;

e) frequent interruptions (including of a non-verbal nature);

f) audible mobile phone use in a public forum’

g) swearing or using derogatory and demeaning language;

h) unreasonably monopolising public opportunities for discussion and refusal to give up the floor to allow other members or the public to ask questions;

i) stalking or intimidation;

j) verbal or physical threats or any other aggressive or threatening behaviour towards either Elected Members, Council staff or other members of the public;

k) erratic, or otherwise odd or unusual behaviour;

l) excessive noise-making;

m) participants appearing to be under the influence of intoxicating alcohol or drug use; and

n) physical aggression to other people or property. 4.7.3 The Council notes that some of the above behaviours constitute a criminal

offence, and the Council will take appropriate action, as required, in such circumstances, including calling the South Australia Police (SAPOL) and/or making a report to SAPOL.

4.8 Dealing with Disruptive Behaviours 4.8.1 Decisions about whether disruptive behaviour is occurring, and the

appropriate action to take in the circumstances, will be made by the Presiding Member, in accordance with this Policy.

4.8.2 If, in the view of the Presiding Member, the behaviour is considered to be

disruptive, the person (or persons) will be directed to cease such behaviour immediately.

4.8.3 Should the behaviour continue, and is, in the view of the Presiding Member,

disrupting the orderly conduct of Council business, the Council may adjourn the Council/Committee Meeting or Informal Gathering for a stated period of time. The details of the adjournment (including the reasons) must be included in the minutes.

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4.8.4 During that adjournment the Presiding Member and the Chief Executive

Officer (CEO) (or delegate) will discuss the appropriate management of the situation with the person (or persons) involved, advising them of their statutory obligations and requesting that they cease disrupting the meeting. The Elected Members will not engage with the person (or persons) involved during this time but, rather, will remove themselves from the situation while the Presiding Member and the CEO discuss the matter with the disruptive person(s).

4.8.5 If, after resuming the Council/Committee Meeting or Informal Gathering,

the disruptive behaviour continues, the Presiding Member may take one or more of the following actions:

a) request the assistance of a member of SAPOL to attend the

Council/Committee Meeting or Informal Gathering and remove the offending person(s) pursuant to Section 18A(2) of the Summary Offences Act 1953, and/or any other relevant legislative provisions, and, in conjunction with the CEO seek to have the person(s) prosecuted for a breach of Section 18A(1) of the Summary Offences Act 1953, and/or any other relevant legislative provisions that may have been breached in the circumstances.

b) In the event that a member of SAPOL is not immediately available to attend, the Council/Committee Meeting or Informal Gathering will remain adjourned until such time as a member of SAPOL can attend, or after a reasonable period of time has elapsed (as determined by the Presiding Member), the Council/Committee Meeting will be adjourned to a time and date to be fixed.

c) As soon as practicable following the Council/Committee Meeting (that has either naturally concluded or has been adjourned in accordance with 4.8.3), if a member of SAPOL has been unable to attend, the Presiding Member, in conjunction with the CEO, will arrange for a comprehensive report to be made to SAPOL regarding the behaviour exhibited and setting out the identity of the person(s) (if known).

d) The Council will also consider any other legal avenues that may be open to it, including making application for an intervention order to restrict a person’s access to Council land and/or Council/Committee Meetings or Informal Gatherings as may be appropriate.

4.8.6 In all cases, the Council will, upon the outcome of any successful prosecution or other civil action, seek to recover from the offending person or persons, its full indemnity costs in pursuing the matter.

4.8.7 Upon the outcome of any successful prosecution as part of the sentencing process, the Council will in all cases:

a) make application to the Court for an order restraining the offending person(s) from attending at any Council/Committee Meeting or Informal Gathering for a period of no less than six calendar months; and

b) make submissions to the Court that a criminal conviction be recorded against the offending person(s).

4.8.8 Nothing in this Policy prevents an Elected Member, Council worker or

member of the public from making their own report in relation to disruptive behaviours to the appropriate public authority, and taking any lawful action they consider appropriate in the circumstances.

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Y VERSION


4.9 Enforcement - Statutory Provisions

4.9.1 The following statutory provisions are relevant considerations in the

operation of this Policy, however are not to be taken to be an exhaustive list of the statutory remedies and/or options available to the Council in dealing with disruptive behaviours.

4.9.2 Local Government Act 1999 Section 95 – Obstructing meetings A person who intentionally obstructs or hinders proceedings at a meeting of

a Council or Council Committee, or at a meeting of electors, is guilty of an offence.

Maximum penalty: $1250 4.9.3 Local Government (Procedures at Meetings) Regulations 2013 Regulation 30 – Interruption of meetings by others A member of the public who is present at a meeting of a Council or Council

Committee must not – a) Behave in a disorderly manner; or

b) Cause an interruption. Maximum penalty: $500 4.9.4 Summary Offences Act 1953 Section 7 – Disorderly or offensive conduct or language

(1) A person who, in a public place or a police station –

(a) Behaves in a disorderly or offensive manner; or

(b) Fights with another person; or

(c) Uses offensive language, Is guilty of an offence. Maximum penalty: $1250 or imprisonment for 3 months. 18A – Public Meetings

(1) A person who, in at or near a place where a public meeting is being held –

(a) Behaves in a disorderly, indecent, offensive, threatening or

insulting manner; or

(b) Uses threatening, abusive or insulting words; or

(c) In any way, except by lawful authority or on some other lawful ground, obstructs or interferes with –

i) A person seeking to attend the meeting;


iii) A person presiding at the meeting in the organisation or conduct of the meeting, is guilt of an offence.

Maximum penalty: $1250 or imprisonment for 3 months.

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Y VERSION


(2) Where, in the opinion of the person presiding at a public meeting, a

person in, at or near the place at which the meeting is being held –

(a) Is or has been behaving in a disorderly, indecent, offensive, threatening or insulting manner; or

(b) Is or has been using threatening, abusive or insulting words; or

(c) In any way, except by lawful authority or on some other lawful ground, in or has been obstructing or interfering with –

i) A person seeking to attend the meeting; or


iii) A person presiding at the meeting in the organisation or conduct of the meeting,

The person presiding may request a police office, or the police generally, to remove that person from the place or the area in the vicinity of the place.

5.0 STAFF RESPONSIBILITIES

5.1 The Presiding Member at Council/Committee Meetings and Informal Gatherings will

be responsible for implementing the provisions of this policy, as required.

SECTION C 6.0 FORMS AND ATTACHMENTS

6.1 Not applicable.

REPORT FOR: Council MEETING DATE: 10 December 2019 REPORT FROM: Director City Services REPORT TITLE: Final Policy Reviews 2019 FILE NAME: F18/734 RECORD NO: AR19/51712 COMMUNITY VISION & STRATEGIC PLAN OUTCOMES 6 We Achieve 6.3 We aim to provide good governance practices and compliance with all legislative

requirements in delivery of services. PURPOSE The purpose of this report is to provide Council with an update and summary of the policy review process and for Council to endorse the remaining policies. RECOMMENDATION Council: 1. Repeals the Appointment of Representatives on Boards and Organisations Policy

2.1.06 and removes the policy from Council’s website. 2. Notes that the Cemetery Management Policy 2.15.01 has been reviewed by staff

and requires further amendments in line with legislative requirements and therefore will be presented to Council for review in early 2020.

3. Approves the remaining administration policies for review and update into the

new policy format to be undertaken by Management Group and for these policies (as listed on page 2) to be updated on Council’s website.

BACKGROUND Council has a total of 127 Policies which are required to be reviewed within 12 months after a General Election, in line with legislative changes or by direction of Council. DISCUSSION Of the 127 Policies, 46 of these are listed as Council/Statutory Policies which Council must review. All of these policies have been reviewed however the Cemetery Management Policy 2.15.01 has been reviewed by Council staff and requires further changes. Council is awaiting legal advice in order to complete the review of the Cemetery Management Policy. This will be presented to Council in January 2020.

2 It is recommended to repeal the Appointment of Representatives on Boards and Organisations Policy 2.1.06, as this information relates to procedural process with appointing Elected Members to particular committees. Representatives were selected on committees at the commencement of Elected Members being appointed to Council. The selection process included considering the most appropriate person who had a keen interest or skill set to be appointed to particular committees. The appointment process via ballot is identical to the process to appoint the Deputy Mayor. There is no requirement to retain the policy relating to this process. Council agreed for Management Group to review all of the 81 Internal/Administrative Policies that it has in place within 12 months after a General Election. The remaining administration policies are being reviewed by Management Group: • Customer First Service Charter 2.2.03 • Camera Surveillance 2.3.17 • Privacy Policy 2.7.03 • Street Tree Policy 2.11.01 • Community Grants 2.16.03

It is recommended that Council endorses the remaining policies for update in the new policy format, and that these policies may be further reviewed by Management Group and Council in 2020. CONFIDENTIALITY PROVISIONS Not applicable. RISK MANAGEMENT 1: Financial/Budget/Asset Management Not applicable. 2: Legal/Policy The Local Government Act 1999 provides that Council must develop and adopt a number of policies for the effective and efficient management of processes within Council, Council’s Statutory/Council Policies address these requirements. Council may also wish to develop other Internal/Administrative Policies, to provide staff with relevant guidelines and practices that must be adhered to when undertaken their operational roles and responsibilities. 3: Environment/Planning Not applicable. 4: Community

4.1 General Council Policies are placed on Council’s Website for easy access by the community. Hard copies are also available to be reviewed at the Civic Centre and may be purchased for a fee as determined by Council, refer Fees and Charges Register



TO BE DELE

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Elected Members – Council Representatives on Boards and Organisations (Operational Units Manual – Policy 2.1.06) Page 1 of 2

2. OPERATIONAL UNITS POLICY/PROCEDURE

2.1 CITY MANAGEMENT - ELECTED MEMBERS

POLICY NUMBER

2.1.06 Public

Document? Council or Administration

PAGES 2 Yes Council

SUBJECT

APPOINTMENT OF REPRESENTATIVES ON BOARDS AND ORGANISATIONS

COUNCIL MEETING

241 of 1991/92

ISSUE DATE

9/6/1992 REVIEW DATE

MICA0220 - 27/09/04 MICA0259 - 26/2/07 MICA0306 – 6/5/10

AR11/1675 -24/01/2011 AR14/29562 – 22/9/2014

AR15/7045 – 23/2/15

DELETED DATE

EXTERNAL LEGISLATION INTERNAL REFERENCES

RELATED POLICIES RESPONSIBLE OFFICER

Chief Executive Officer

SECTION A

1.0 POLICY STATEMENT

1.1 It is important to ensure that representation from Council to various organisations and boards is made in an open and transparent process and that Elected Members who have an interest via their skills and experience is taken into consideration as part of the appointment process.

2.0 PURPOSE

2.1 To ensure the most appropriate person is representing Council at all times and that when Council is invited to select referred nominees (outside of Council) to other external organisations, that an appropriate selection process is adopted.

3.0 RESPONSIBILITY & REVIEW

3.1 The Director – City & Cultural Services.

TO BE DELE

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Elected Members – Council Representatives on Boards and Organisations (Operational Units Manual – Policy 2.1.06) Page 2 of 2

3.2 To be reviewed within 12 months after a General Election, in line with any legislative changes or by resolution of Council.

SECTION B

4.0 PROCEDURE

4.1 When Elected Members are to be appointed as Council representatives on Boards and Organisations, Council adopts the practice of appointing Councillors who have a keen interest in the organisation/agency to which they will be appointed as Council’s representative. Elected Members will be given an opportunity to provide their reasons, including what skills and experience they would be able to bring to a particular Board if appointed by Council, during the appointment process.

4.2 Where any Council representatives, whether it be a Council Member or staff whoare appointed to Organisations/Boards, these representatives are to report fromtime to time to the Council on the activities of that particular Organisation.

4.3 Appointment Process

4.3.1 Where a Council representative is being made to an external Organisation/Board the appointment will be made utilising a transparentelection process, whereby nominations will be called, seconded andaccepted. Where more than one nomination is received, a secret ballotwill be taken forthwith and the result declared by the Chief ExecutiveOfficer.

4.3.2 Where Council is requested to nominate one or more nominees to anexternal board, not necessarily being a Council Member of the PortAugusta City Council, for example the Local Government FinanceAuthority, the nomination/s will be made under confidential provisionsuntil the result of the confidential ballot as been made public by the relevant organisation.

5.0 STAFF RESPONSIBILITIES

5.1 Not applicable.

SECTION C

6.0 FORMS AND ATTACHMENTS

6.1 Not applicable.

REPORT FOR: Council MEETING DATE: 10 December 2019 REPORT FROM: Chief Executive Officer AUTHOR: Executive Assistant REPORT TITLE: Information Report - Correspondence Items for Council

Meeting 10/12/2019 FILE NAME: F19/77 RECORD NO: AR19/54104 COMMUNITY VISION & STRATEGIC PLAN OUTCOMES 3 We Connect 3.6 Council is a responsive organisation that provides services in ways that empower

the community to achieve their outcomes. PURPOSE To keep Elected Members informed of general correspondence items. RECOMMENDATION Council receives and notes the report (AR19/54104) dated 04/12/2019, submitted by the Chief Executive Officer concerning Information Report - Correspondence Items for Council Meeting 10/12/2019. DISCUSSION The following item of correspondence is attached for member’s information: 1. Letter from Mr Brenton Vanstone, Chair, Uni Hub Spencer Gulf, seeking support

from Council for the Uni Hub’s operation in Port Augusta. (AR19/53387) JOHN BANKS 04/12/2019

CONFIDENTIAL ORDER

REPORT FOR: Council MEETING DATE: 10 December 2019 REPORT FROM: Mayor Benbow REPORT TITLE: Confidential Order – Chief Executive Officer 2019 Performance

Evaluation & Development FILE NAME: F19/132 RECORD NO: AR19/53767 Pursuant to Section 83(5) of the Location Government Act 1999 the report attached to this order and the accompanying documentation is delivered to the Council Members upon the basis that the Council consider the Report and the documents in confidence under Part 3 of the Act, specifically on the basis that Council will receive, discuss or consider: (a) information the disclosure of which would involve the unreasonable disclosure of

information concerning the personal affairs of any person (living or dead). After the Council has determined the matter in confidence, an order can be issued to retain the confidentiality of the matter for a period of time. RECOMMENDATION Council: 1. Orders (pursuant to the provisions of Section 90(2) of the Local Government Act 1999),

that the Public (excluding Mr M Hobby – Perks People Solutions) and Council Staff be excluded from attendance at the meeting to discuss report AR19/53714 concerning Chief Executive Officer 2019 Performance Evaluation & Development.

2. Is satisfied that, pursuant to Section 90(3)(a) of the Act, the information to be received,

discussed or considered in relation to this agenda item is information the disclosure of which would involve the unreasonable disclosure of information concerning the personal affairs of the Chief Executive Officer, in that details of his performance review will be discussed, which are sensitive and are details only known to those who have participated in the review process.

3. Is satisfied that the principle that the meeting be conducted in a place open to the public has been outweighed by the need to keep the information or discussion confidential.

RETENTION RECOMENDATION Following consideration of the report, the Council needs to determine whether any documentation is retained in confidence and for how long, using the following resolution: Council: 1. That having considered report AR19/53714 in confidence under Section 90(2) and (3)(a)

of the Act, the Council, pursuant to Section 91(7) of the Act orders that the report, attachments, discussions and minutes relating to this agenda item, be retained in confidence until further order of the Council, and that this order be reviewed every 12 months.

MAYOR BENBOW 04/12/2019