Agenda of Ordinary Council - Monday, 21 February 2022

General Manager

Council Meeting Procedures

The Council meeting is chaired by the Mayor, Councillor Andrew Zbik. Councillors are entitled to one vote on a matter. If votes are equal, the Chairperson has a second or casting vote. When a majority of Councillors vote in favour of a Motion it becomes a decision of the Council. Minutes of Council and Committee meetings are published on Council’s website www.lanecove.nsw.gov.au by 5pm on the Thursday following the meeting.

The Meeting is conducted in accordance with Council's Code of Meeting Practice. The order of business is listed in the Agenda on the next page. That order will be followed unless Council resolves to modify the order at the meeting. This may occur for example where the members of the public in attendance are interested in specific items on the agenda.

The Public Forum will hear registered speakers from the Public Gallery as well as online using the web platform Zoom. All speakers wishing to participate in the public forum must register by using the online form no later than midnight, on the day prior to the meeting (Sunday, 20 February 2022) and a Zoom meeting link will be emailed to the provided email address of those registered as an online speaker. Please note that the time limit of three minutes per address still applies, so please make sure your submission meets this criteria. Alternatively, members of the public can still submit their written address via email to service@lanecove.nsw.gov.au. Written addresses are to be received by Council no later than midnight, on the day prior to the meeting. (500 words maximum).

Please note meetings held in the Council Chambers are recorded on tape for the purposes of verifying the accuracy of minutes and the tapes are not disclosed to any third party under the Government Information (Public Access) Act 2009, except as allowed under section 18(1) or section 19(1) of the PPIP Act, or where Council is compelled to do so by court order, warrant or subpoena or by any other legislation. Should you require assistance to participate in the meeting due to a disability; or wish to obtain further information in relation to Council, please contact Council’s Executive Manager – Corporate Services on (02) 9911 3550.

Local contributions	Contributions and land use planning	Regional contributions
1. Draft regulations and explanatory paper 2. Land value contribution paper and case studies (Greenfield sites) 3. Practice note policy paper and modules:- · Principles of infrastructure contributions · Selecting the most appropriate local contribution mechanism · What can be funded through section 7.11 and 7.12 local infrastructure contributions · Making a section 7.11 contributions plan Making a section · 7.12 contributions plan · Exhibition · Borrowing and forward funding · Infrastructure contributions for mining and energy developments	1. Ministerial Directions: · Local infrastructure contributions planning proposal · Dual and shared use of open space and public facilities Draft practice note: 2. Draft practice note: · Contributions plans and planning proposals	1. Regional Infrastructure Contribution Discussion paper 2. Regional Infrastructure Contribution Explanation of Intended Effect 3. Regional Infrastructure Contribution Governance and Prioritisation guidelines 4. Regional Infrastructure Contribution Infrastructure Delivery Agreements guidelines 5. State Planning Agreements guidelines 6. Feasibility Analysis

Local contributions

Contributions and land use planning

Regional contributions

1. Draft regulations and explanatory paper

2. Land value contribution paper and case studies (Greenfield sites)

3. Practice note policy paper and modules:-

· Principles of infrastructure contributions

· Selecting the most appropriate local contribution mechanism

· What can be funded through section 7.11 and 7.12 local infrastructure contributions

· Making a section 7.11 contributions plan Making a section

· 7.12 contributions plan

· Exhibition

· Borrowing and forward funding

· Infrastructure contributions for mining and energy developments

1. Ministerial Directions:

· Local infrastructure contributions planning proposal

· Dual and shared use of open space and public facilities Draft practice note:

2. Draft practice note:

· Contributions plans and planning proposals

1. Regional Infrastructure Contribution Discussion paper

2. Regional Infrastructure Contribution Explanation of Intended Effect

3. Regional Infrastructure Contribution Governance and Prioritisation guidelines

4. Regional Infrastructure Contribution Infrastructure Delivery Agreements guidelines

5. State Planning Agreements guidelines

6. Feasibility Analysis

Current Proponent-initiated Rezoning Process	Proposed changes to Proponent-initiated Process	Comment
Usually council initially assesses whether to support the proposal at Scoping stage.	Council finally now assesses whether to support the proposal post-exhibition. See AT-2 page 29)	Initial assessment late in the process may waste applicant’s/ community’s time.
Usually council drafts the proposed instrument’s wording in collaboration with the Parliamentary Counsel’s Office.	No change from current process.
If not supported, process ends (appeal for review occurred early at the Scoping stage). If Gateway refusal is appealed against, proposal may return to council as the ongoing Planning Authority.	If not supported, proposal goes to Review by district planning panel. Council can no longer be the Planning Authority.	Oppose moving review to the end of the process, if it prevents council rejecting proposal at the beginning. However, there may be some merit in a later-stage independent review.
‘Clock’ started once proposal lodged (even when required information missing).	‘Clock” starts when proponent has responded to submissions (post-exhibition) and possibly amended proposal. A fee refund if councils take too long to assess.	Support starting the timing once proposal leaves the proponent’s control (post-exhibition response).

Current Proponent-initiated Rezoning Process

Proposed changes to Proponent-initiated Process

Comment

Usually council initially assesses whether to support the proposal at Scoping stage.

Council finally now assesses whether to support the proposal post-exhibition. See AT-2 page 29)

Initial assessment late in the process may waste applicant’s/ community’s time.

Usually council drafts the proposed instrument’s wording in collaboration with the Parliamentary Counsel’s Office.

No change from current process.

If not supported, process ends (appeal for review occurred early at the Scoping stage).

If Gateway refusal is appealed against, proposal may return to council as the ongoing Planning Authority.

If not supported, proposal goes to Review by district planning panel.

Council can no longer be the Planning Authority.

Oppose moving review to the end of the process, if it prevents council rejecting proposal at the beginning.

However, there may be some merit in a later-stage independent review.

‘Clock’ started once proposal lodged (even when required information missing).

‘Clock” starts when proponent has responded to submissions (post-exhibition) and possibly amended proposal.

A fee refund if councils take too long to assess.

Support starting the timing once proposal leaves the proponent’s control (post-exhibition response).

Ordinary Council Meeting 21 February 2022

Lane Cove Sport and Recreation Precinct - NSW Government Funding Opportunity

Subject: Lane Cove Sport and Recreation Precinct - NSW Government Funding Opportunity

Record No: SU7396 - 7901/22

Division: General Managers Unit

Author(s): David Stevens

Executive Summary

Council has the opportunity to seek a NSW Government grant of $5 million to partially fund construction of the Lane Cove Sport and Recreation Precinct via the “Multi-Sport Community Facility Fund”. The NSW Government has committed $200 million to this fund, recognising the critical role sport infrastructure plays in keeping communities healthy, active and connected. Key objectives of the fund include: support the equitable provision of, and access to multi-sport facilities to grow sport participation for women and girls; increase the number and type of multi-sport facilities; and, increase the utilisation of sport facilities. The Lane Cove Sport and Recreation Precinct meets the eligibility criteria for the Multi-Sport Community Facility Fund. Council has engaged Xypher Sport and Leisure to prepare a Business Case (AT-1) that focusses on the economic and social business case for the project. Council has separately engaged Colliers Strategic Advisory (Property) to investigate 10 alternative sites for the Sport and Recreation Precinct in the Lane Cove West Business Park to provide a comparison to the current proposal. It is recommended Council make application for the Grant and conduct a community information session to outline the business case to the community.

Background

Since 2010, the Lane Cove population has grown by 23.5%. Population growth in Greater Sydney for the same period was 17.9%, and in the Northern Sydney Region 14.7%. The 2019 DPIE population projections indicate that the population of Lane Cove is estimated to increase by 11,650 people between 2016 and 2041, from 37,700 to 49,350. This equates to a population increase of 31%, which contributes to a total increase of 50% since 2010, with no additional capacity provided to date for indoor sporting facilities.

Several demand studies and consultation activities have been undertaken over the last 14 years to inform the decision-making process for addressing the sport and recreation demands for the existing and growing population, including:-

1. In 2008, The Lane Cove Council Recreation Action Plan found that there are no public indoor sports courts in the Lane Cove LGA. Supporting regional studies at that time and in the interim also showed that there is a supply / demand imbalance in Sydney's North for sports such as basketball and netball;

2. In 2010, an independent report and operational review of the Lane Cove Country Club concluded that the current operating model of the golf clubhouse, golf course, tennis centre and golf course maintenance was unsustainable. Council subsequently determined to undertake a strategic review of the Country Club facility, other nearby community facilities, and the golf course to identify opportunities to provide a more viable sporting/cultural type development than what currently exists;

3. In 2013/14, the “Indoor Sports Complex Feasibility Study - Lane Cove Country Club” identified the need for 20-36 additional courts in the lower north shore area (Montemare Consulting);

4. Basketball NSW strategic plan and demand analysis identified a deficit of 22 indoor courts in 2016 and latent demand of at least 16%;

5. In 2020, A Facility Supply Review (Xypher) was undertaken to determine the current supply of indoor sports courts and tennis court facilities in the catchment of the proposed Lane Cove Sport and Recreation Precinct;

6. “Business Case - Gore Hill Indoor Sports Centre” (Capital Insight, 2021) identified a shortage of up to 16 courts by 2036 in the sub-regional catchment of North Sydney;

7. Lane Cove Sport and Recreation Precinct - Feasibility and Operational Model (Xypher, 2021) undertook a peer review of existing demand information and identified if existing and planned additional courts at Gore Hill were provided, the area would have a supply of 35 courts, still 10 to 23 courts deficit of demand.

Council has focused on meeting this demand through a proposed Sport and Recreation Precinct on the existing car park and surrounds of the Lane Cove Golf Course. In April 2021 Council resolved:-

“That Council:-

1. Receive and note the report;

2. Submit a development application based on the finalised concept design as prepared by Allen Jack and Cottier; and

3. The General Manager be granted delegated authority to enter into a fixed loan agreement for $20 million over 10 years with TCorp.”

A Development Application for the proposed Sport and Recreation Precinct facility was subsequently lodged on and is awaiting determination by the Sydney North Planning Panel.

Council at its Extraordinary Meeting of 24 January 2022 resolved:-

“That Council:-

1. Request that the General Manager contacts the Sydney North Planning Panel and requests that they delay determination on DA 64/2021 for the indoor sport and recreation facility; noting that Council is not formally withdrawing the Development Application; and

2. In the event that the Sydney North Planning Panel is unable or unwilling to delay determination on the Development Application, that Council confirms its commitment to consider other options for the indoor sport and recreation facility, and acknowledges that an approved Development Application will not prevent Council from further consulting with the community and considering all options.”

This request was subsequently conveyed to the Sydney North Planning Panel, Council is awaiting information as to the proposed scheduling of the matter.

Discussion

The proposed Lane Cove Sport and Recreation Precinct will provide major sporting and recreational infrastructure project for the Northern Region of Sydney, Lower North Shore sub-region and for the Lane Cove community. The primary driver for the proposed precinct is to address the significant deficit in both indoor and outdoor sporting courts within the local and sub-regional area. Demand analysis, changing demographics / population growth and consultation with local and peak sporting bodies note the region generated demand for 45 to 68 indoor courts indicating a current deficit of 20+ courts.

The Lane Cove Local Government Area (LGA) is home to 694 basketball members (878 demand), 89% of whom play in the North Sydney LGA. Similarly, there are 915 netball members (1,243 demand) with 88% playing at the Willoughby Leisure Centre noting the Lane Cove – Greenwich catchment has the second highest number of members and demand on the Lower North Shore. Netball playing capacity is constrained to such an extent, that club play is now conducted on Friday night, Saturday and Sunday at the site. Furthermore, Saturday playing times have been reduced by 15 minutes per match to accommodate the demand. In each of these sports, undue pressure is borne by volunteers and the respective regional associations.

Engagement with local and peak sporting bodies aligned with the broader demand analysis and clearly identified the following:-

1. Limited current multi-sport facilities within the sub-region to meet current demand:

2. Increasing and future pressures on meeting demand based on population growth:

3. High demand for additional sporting facilities with a specific reference in indoor multi-purpose sporting courts:

4. There are limited opportunities for women to access appropriate sporting facilities within the catchment with specific reference to both netball and basketball:

5. High desire from sporting bodies to increase (and meet latent demand) participation rates.

Included as AT-1 is a full business case for the project that has been prepared in line with NSW Treasury Guidelines. It should be noted that Council does not include a return on capital or debt servicing costs when evaluating the provision of community infrastructure. In addition to meeting the community’s needs, the Business Case demonstrates that no operational subsidy will be required for the facility. The visitation forecast indicates Year 1 visits of 318,980 persons increasing to 363,094 persons in Year 10:-

	Year 1	Year 2	Year 3	Year 5	Year 10
Indoor Sports Halls	267,712	276,256	284,800	290,496	304,736
Outdoor Courts	42,695	44,057	45,420	46,328	48,599
Program/Function Rms	8,573	8,846	9,120	9,302	9,758
Total Visits	318,980	329,160	339,340	346,127	363,094

The significant forecast visitation levels demonstrate the demand for the precinct and highlight the project's ability to meet and reduce the current identified facility gap within the local area and sub-region.

The financial forecast supports the ongoing operations with a surplus from Year 1 of $369,100 increasing to $691,600 in Year 10.

Item	Year 1	Year 2	Year 3	Year 4	Year 5	Year 10
Revenue
Indoor Sports Halls	$529,200	$557,000	$585,800	$603,500	$621,800	$720,500
Outdoor Courts	$619,100	$651,700	$685,400	$706,100	$727,500	$842,900
Program/Function Rms	$161,600	$170,100	$178,900	$184,300	$189,900	$220,000
Café/ Bistro + Retail	$451,100	$470,100	$489,500	$499,400	$509,300	$561,600
Allied Heath (lease)	$120,300	$121,500	$122,800	$124,000	$125,200	$131,600
Total Revenue	$1,881,300	$1,970,400	$2,062,400	$2,117,300	$2,173,700	$2,476,600
Expenditure
Staff	$686,200	$701,700	$717,500	$732,300	$747,400	$828,000
Operating Costs	$603,200	$620,400	$637,900	$648,000	$658,400	$712,200
Energy	$50,600	$51,300	$51,900	$52,500	$53,100	$56,400
Marketing	$20,200	$20,500	$20,700	$20,900	$21,100	$22,100
Management Fee	$152,000	$153,600	$155,100	$156,600	$158,200	$166,300
Total Expenditure	$1,512,200	$1,547,500	$1,583,100	$1,610,300	$1,638,200	$1,785,000

Operating - surplus/(deficit)	$369,100	$422,900	$479,300	$507,000	$535,500	$691,600

To provide the opportunity for the community to understand the full business case for the facility, it is proposed to conduct a public forum, with the Business Case presented, and a Question and Answer session.

NSW Government Grant Opportunity

The NSW Government has committed $200 million to the Multi-Sport Community Facility Fund, recognising the critical role local sport infrastructure plays in keeping communities healthy, active and connected. Grants area available for between $1m and $5m, and applications close - 1pm, Friday 25 February 2022, with outcomes advised - May 2022 onwards and funding agreements executed for successful projects - within 3 months of notification of outcomes. Projects must commence in 2022 and be completed by 30 June 2025.

The primary objectives of the Fund are to:

· Increase the number and type of multi-sport facilities

· Improve the standard of existing multi-sport facilities

· Increase the utilisation of sport facilities

· Support the equitable provision of, and access to multi-sport facilities to grow sport participation for women and girls

· Provide inclusive and accessible multi-sport facilities that support sport participation for people with disability, First Nations peoples and people from culturally and linguistically diverse communities.

Secondary objectives of the Fund are to:

· Establish a diversified funding model

· Improve operational sustainability

· Promote and incorporate environmental sustainability and climate resiliency into design, construction and operation.

· An increasing high socio-economic population of families with children and a large professional workforce within the Lane Cove, Willoughby and North Sydney LGAs is driving the need to respond with appropriate social infrastructure, including sport and recreation facilities. High socio-economic areas typically correlate with higher levels of physical activity and participation in sports, in part due to their ability to afford the related costs of participation (e.g. fees, registration, equipment, coaching).

The project and Council’s business case addresses all these objectives.

Due Diligence Update

As per Council’s April 2021 report, Council engaged Mitchell Brandt Quantity Surveyors to prepare a cost estimate for the project based on a conceptual design. Based on a high-grade facility, the construction of the 9 court facility was estimated to be in the range of $42-$48M.

Funding for the project is proposed to utilise a combination of s7.11 Developer Contributions, proceeds from the long-term lease of 266 Longueville Road, Grants and Loan Funds.

In regard to debt funding, Council has successfully secured a loan of $20M for 10 years with a 50% discount on the interest rate for the life of the loan. The actual rate will be dependent on the actual draw down date. Council has not drawn down the funds, and T-Corp have advised Council will need to reapply when it proposes to proceed with the loan. No issue is anticipated in obtaining a new loan approval. Repayments are proposed to be funded from the rental income from Council’s property investment portfolio.

In relation to s7.11 Developer Contributions, this has been delayed as the NSW Government has permanently deferred payment of s7.11 contributions until Occupation Certificate. Council’s s7.11 Developer Contributions Works Schedule provides for up to $20M to be utilised for the facility. Council’s current s7.11 Developer Contributions Reserve has approximately $7M and based on current development activity, sufficient funds will be received in order to contribute the full $20M to the project.

Alternate Site Options

Council has previously undertaken a review of locating the facility at Blackman Park as an alternative. Council staff examined the size of the facility and determined that it would not fit as the depth of the courts and surrounding circulation space prevents the facility being located over the existing carpark as was suggested. Blackman Park is already heavily utilised and is surrounded by a single lane residential street network, which limits its capacity to have further intensification of use.

Separately Council has engaged Colliers Strategic Advisory (Property) to investigate 10 alternative sites for the Sport and Recreation Precinct in the Lane Cove West Business Park. At a high level, there are three sites that represent a potential opportunity for adaptation (re-purpose), the remainder would require demolition due to their built form configuration, which makes them unfeasible as they represent land value only.

In relation to the three sites that could be adapted, in each instance suitability is constrained by: costs for partial demolition and / or reconfiguration of the building; inferior amenity and indoor court capacity resulting in a high cost per court; limited floor to ceiling heights (clearance of 8.2m is required); parking capacity; current medium to long term leases; dislocation from Lane Cove village; and lack of regular public transport connections.

The three sites identified as “adaptable” range in acquisition cost from $27m to $33.5m, (note this pricing is indicative only and is based upon publicly available information, RP Index Data and Colliers internal data). They are capable of being adapted to deliver between 2 and 4 courts. Prices are for land acquisition including a demolition cost estimate, in other words the cost to deliver a vacant site only. Remediation, conversion, construction and any other associated costs are not included.

Colliers’ research indicates that of the 10 sites only two of the nominated sites were of a scale that could accommodate the Sport and Recreation Precinct as envisaged by Council. In each instance any purchase would necessitate the need to subdivide the total holding which is problematic. Additionally, each of these sites would cost circa $90m to purchase.

In Colliers opinion, Lane Cove West is not the optimal site for the proposed Sports and Recreation precinct. Given the commercial nature of this matter, the Colliers’ report has been circulated separately to Councillors on a confidential basis.

Conclusion

The Lane Cove Sport and Recreation Precinct represents a significant investment in public social

infrastructure. The Lane Cove Sport and Recreation Precinct serves as a valuable vehicle for

advancing both the NSW State and the Commonwealth Government’s agenda to improve

community health and wellbeing through improved participation in sports and recreation activities

as well as access to education and health facilities.

Council has an ideal opportunity to secure partial funding for the Sport and Recreation

Precinct based on the following “Primary” objectives per the Multi-Sport Community Facility Fund

Guidleines:

· Increase the number and type of multi-sport facilities;

· Improve the standard of existing multi-sport facilities

· Increase the utilisation of sport facilities

· Support the equitable provision of, and access to multi-sport facilities to grow sport participation for women and girls

It is recommended that Council make an application for grant funding under NSW Government Multi-Sport Community Facility Fund and conduct a public forum, with the Business Case presented, and a Question and Answer session.

RECOMMENDATION

That Council:-

1. Receive and note the report;

2. Make application for grant funding under NSW Government Multi-Sport Community Facility Fund; and

3. Conduct a public forum, with the Business Case presented, and a Question and Answer session.

Craig Wrightson

General Manager

General Managers Unit

ATTACHMENTS:

AT‑1 View

Lane Cove Sport and Recreation Precinct - Business Case - 21 February 2022

49 Pages

Ordinary Council Meeting 21 February 2022

Draft Code of Meeting Practice 2022

Subject: Draft Code of Meeting Practice 2022

Record No: SU837 - 79777/21

Division: Corporate Services Division

Author(s): Stephen Golding

Executive Summary

The NSW Office of Local Government released a new Model Code of Meeting Practice for Local Councils in NSW on the 29 October 2021, (NSW OLG Circular 21-35) made under section 360 of the Local Government Act 1993 (the Act) and the Local Government (General) Regulation 2021 (the Regulation).

The Model Code of Meeting Practice comprises mandatory and non-mandatory provisions.

Councils must adopt a code of meeting practice that incorporates the mandatory provisions of the Model Code of Meeting Practice no later than 12 months after each ordinary council elections.

This report recommends that the Draft Code of Meeting Practice which has been developed with regards to the new Model Code and related Council policies and procedures, be adopted for community consultation and that a further report addressing any submissions received and any proposed amendments to the draft Code, be received by Council following the consultation period.

Background

The current Code of Meeting Practice was adopted by Council at the Ordinary Council Meeting of 20 May 2019 and was based on the Model Code of Meeting Practice issued by the Office of Local Government and prescribed by the Local Government (General) Regulation on 14 December 2018. Minor amendments were adopted by Council at the Ordinary Council Meeting of 18 May 2020.

The new Model Code of Meeting Practice for Local Councils in NSW, was published in the Gazette on 29 October 2021, and prescribed for the purposes of the Act, section 360(1).

The repeal date for section 237 of the Regulation that exempts councils from the requirement (under clause 5.2 of the previous iteration of the Model Meeting Code) for councillors to be personally present at meetings in order to participate in the meetings was extended to 30 June 2022.

This extension has provided NSW Councils additional time to exhibit and adopt a new Code of Meeting Practice that contains provisions for allowing attendance by audio-visual link at meetings.

If council does not adopt a new meeting code that allows councillors to attend meetings by audio-visual link, council will not be permitted to do so after 30 June 2022.

Council has reviewed the new Model Code of Meeting Practice for Local Councils in NSW with regards to Council’s current Mode of Meeting Practice, policies and procedures and developed the Draft Code of Meeting Practice (2022) (AT-1)

Discussion

A review of the new Model Code of Meeting Practice has been undertaken against Council’ current Code of Meeting Practice (adopted 18 May 2020).

The new changes made by the NSW OLG’s New Model Meeting Code (29 October 2021) for inclusion in Council’s Code are shown in red-scarlet font and/or with strikethrough within the Draft Code of Meeting Practice (2022) (AT-1). These are the mandatory provisions. Where there are non-mandatory provisions, they are indicated as non-mandatory.

The mandatory provisions include minor changes such as, but not limited to, regulation dates, minor wording changes and clause numbering to address new additional and or redundant clauses.

The key mandatory changes are:

· 3.26, page 9, Statement of Ethical Obligations [corresponding to 3.23 in new Model Meeting Code]. This amendment is reflective of the ICAC recommendations that the Model Meeting Code be amended to require that council business papers include a reminder to councillors of their oath or affirmation of office, and their conflict of interest disclosure obligations, as a result of an ICAC investigation report of the former Canterbury City Council (Operation Dasha).

· 5.2, page 14, additional wording being ‘unless permitted to attend the meeting by audio-visual link under this code’. [New in Model Meeting Code]

Amendments have also been made to the provisions governing the webcasting of meetings, pages 19 and 20, clauses 5.34 to 5.40, and disorder at meetings (at page 44 and page 46), to reflect amendments to the Regulation since the previous iteration of the Model Meeting Code was prescribed.

Non-mandatory provisions cover areas of meeting practice that are common to most councils but where there may be a need for some variation in practice between councils based on local circumstances. The non-mandatory provisions also operate to set a benchmark based on what OLG sees as best practice for the relevant area of practice.

The key non-mandatory changes primarily relate to meetings held by audio/visual link and are summarised as follows:

· 3.38, page 11, Pre-meeting briefing sessions may be held by audio-visual link. [Corresponding to 3.35 in new Model Meeting Code]

· 4.2, page 12, Public forums may be held by audio-visual link. [New in Model Meeting Code]

· 8.1, page 25, Order of Business for Ordinary Council Meetings, clause 8.1, item 2: Apologies has additional wording as follows, and applications for a leave of absence or attendance by audio-visual link by councillors [new in Model Meeting Code].

· 14.21, page 40, Councillors attending a meeting by audio-visual link must ensure that no other person is within sight or hearing of the meeting at any time that the meeting is closed to the public under section 10A of the Act. [Corresponds to 14.20 in new Model Meeting Code]

· 16.2, page 47, Councillors attending a meeting by audio-visual link must declare and manage any conflicts of interest they may have in matters being considered at the meeting in accordance with the council’s code of conduct. Where a councillor has declared a pecuniary or significant non-pecuniary conflict of interest in a matter being discussed at the meeting, the councillor’s audio-visual link to the meeting must be suspended or terminated and the councillor must not be in sight or hearing of the meeting at any time during which the matter is being considered or discussed by the council or committee, or at any time during which the council or committee is voting on the matter. [New in Model Meeting Code]

· 19.2, page 52, additional item (a) the names of councillors attending a council meeting and whether they attended the meeting in person or by audio-visual link, [new in Model Meeting Code]

· 20.23, page 56, additional item (a) the names of councillors attending a meeting and whether they attended the meeting in person or by audio-visual link, [new in Model Meeting Code]

Meetings Held by Audio-Visual Link related clauses are new to the Model Meeting code that are non-mandatory provisions. These are found on page 16 of the Draft Code of Meeting Practice (2021) (AT-1) and are listed below;

· 5.15 A meeting of the council or a committee of the council may be held by audio-visual link where the mayor determines that the meeting should be held by audio-visual link because of a natural disaster or a public health emergency. The mayor may only make a determination under this clause where they are satisfied that attendance at the meeting may put the health and safety of councillors and staff at risk. The mayor must make a determination under this clause in consultation with the general manager and, as far as is practicable, with each councillor. [Corresponds to 5.16 in new Model Meeting Code]

· 5.16 Where the Mayor determines under clause 5.16 that a meeting is to be held by audio-visual link, the General Manager must:

a) give written notice to all councillors that the meeting is to be held by audio-visual link, and

b) take all reasonable steps to ensure that all councillors can participate in the meeting by audio-visual link, and

c) cause a notice to be published on the council’s website and in such other manner the general manager is satisfied will bring it to the attention of as many people as possible, advising that the meeting is to be held by audio-visual link and providing information about where members of the public may view the meeting. [Corresponds to 5.17 in new Model Meeting Code]

· 5.17 This code applies to a meeting held by audio-visual link under clause 5.16 in the same way it would if the meeting was held in person.

Note: Where a council holds a meeting by audio-visual link under clause 5.15, it is still required under section 10 of the Act to provide a physical venue for members of the public to attend in person and observe the meeting. [Corresponds to 5.18 in new Model Meeting Code]

Attendance by Councillors at Meetings by Audio-Visual Link related clauses are new to the Model Meeting code and are non-mandatory provisions. These are found on page 16 to page 18 inclusive of the Draft Code of Meeting Practice (2022) (AT-1) and are listed below;

· 5.18 Councillors may attend and participate in meetings of the council and committees of the council by audio-visual link with the approval of the council or the relevant committee. [Corresponds to 5.19 in new Model Meeting Code]

· 5.19 A request by a councillor for approval to attend a meeting by audio-visual link must be made in writing to the General Manager prior to the meeting in question and must provide reasons why the councillor will be prevented from attending the meeting in person. [Corresponds to 5.20 in new Model Meeting Code]

· 5.20 Councillors may request approval to attend more than one meeting by audio-visual link. Where a councillor requests approval to attend more than one meeting by audio-visual link, the request must specify the meetings the request relates to in addition to the information required under clause 5.19. [Corresponds to 5.21 in new Model Meeting Code]

· 5.21 The council must comply with the Health Privacy Principles prescribed under the Health Records and Information Privacy Act 2002 when collecting, holding, using and disclosing health information in connection with a request by a councillor to attend a meeting by audio-visual link. [Corresponds to 5.22 in new Model Meeting Code]

· 5.22 A councillor who has requested approval to attend a meeting of the council or a committee of the council by audio-visual link may participate in the meeting by audio-visual link until the council or committee determines whether to approve their request and is to be taken as present at the meeting. The councillor may participate in a decision in relation to their request to attend the meeting by audio-visual link. [Corresponds to 5.23 in new Model Meeting Code]

· 5.23 A decision whether to approve a request by a councillor to attend a meeting of the council or a committee of the council by audio-visual link must be made by a resolution of the council or the committee concerned. The resolution must state:

o the meetings the resolution applies to, and

o the reason why the councillor is being permitted to attend the meetings by audio-visual link where it is on grounds other than illness, disability, or caring responsibilities. [Corresponds to 5.24 in new Model Meeting Code]

· 5.24 If the council or committee refuses a councillor’s request to attend a meeting by audio-visual link, their link to the meeting is to be terminated. [Corresponds to 5.25 in new Model Meeting Code]

· 5.25 A decision whether to approve a councillor’s request to attend a meeting by audio-visual link is at the council’s or the relevant committee’s discretion. The council and committees of the council must act reasonably when considering requests by councillors to attend meetings by audio-visual link. However, the council and committees of the council are under no obligation to approve a councillor’s request to attend a meeting by audio-visual link where the technical capacity does not exist to allow the councillor to attend the meeting by these means. [Corresponds to 5.26 in new Model Meeting Code]

· 5.26 The council and committees of the council may refuse a councillor’s request to attend a meeting by audio-visual link where the council or committee is satisfied that the councillor has failed to appropriately declare and manage conflicts of interest, observe confidentiality or to comply with this code on one or more previous occasions they have attended a meeting of the council or a committee of the council by audio-visual link. [Corresponds to 5.27 in new Model Meeting Code]

· 5.27 This code applies to a councillor attending a meeting by audio-visual link in the same way it would if the councillor was attending the meeting in person. Where a councillor is permitted to attend a meeting by audio-visual link under this code, they are to be taken as attending the meeting in person for the purposes of the code and will have the same voting rights as if they were attending the meeting in person. [Corresponds to 5.28 in new Model Meeting Code]

· 5.28 A councillor must give their full attention to the business and proceedings of the meeting when attending a meeting by audio-visual link. The councillor’s camera must be on at all times during the meeting except as may be otherwise provided for under this code. [Corresponds to 5.29 in new Model Meeting Code]

· 5.29 A councillor must be appropriately dressed when attending a meeting by audio-visual link and must ensure that no items are within sight of the meeting that are inconsistent with the maintenance of order at the meeting or that are likely to bring the council or the committee into disrepute. [Corresponds to 5.30 in new Model Meeting Code]

· 5.45, page 21, The general manager and other council staff may attend meetings of the council and committees of the council by audio-visual-link. Attendance by council staff at meetings by audio-visual link (other than as members of the public) shall be with the approval of the general manager. [Corresponds to 5.44 in new Model Meeting Code]

How Disorder by Councillors Attending Meetings by Audio-Visual Link may be Dealt With is new in Model Meeting Code and is a non-mandatory provision. These clauses are on are page 45 of the Draft Code of Meeting Practice (2021) (AT-1) and are as follows;

· 15.20 Where a councillor is attending a meeting by audio-visual link, the chairperson or a person authorised by the chairperson may mute the councillor’s audio link to the meeting for the purposes of enforcing compliance with this code. [Corresponds to 15.21 in new Model Meeting Code]

· 15.21 If a councillor attending a meeting by audio-visual link is expelled from a meeting for an act of disorder, the chairperson of the meeting or a person authorised by the chairperson, may terminate the councillor’s audio-visual link to the meeting. [Corresponds to 15.22 in new Model Meeting Code]

Other Proposed Amendments to the Draft Code of Meeting Practice 2022

In addition to the OLG’s mandatory and non-mandatory provisions, a number of other proposed amendments to the Draft Code of Meeting Practice 2022 are offered for Council consideration.

· Section 8.1 of the current Code of Meeting Practice outlines the order of business for ordinary council meetings. Closed (Confidential) Committee Items are currently considered at 6.30pm prior to the Ordinary Council Meeting commencing at 7.00pm. It is recommended that Closed Committee Items be moved from the current 6.30pm timeslot and be listed as the last item on the council business paper agenda. This is consistent with the Model Code of Meeting Practice in terms of its Order of Business.

· Section 3.1 specifies the timing of Ordinary Council Meetings and references the third Monday of each month as the day in which meetings will be generally held. It is recommended that this section of the Code be reworded to remove the specified day and instead reference that the day be consistent with Council’s Ordinary Council Meeting Schedule, as adopted by Council each year.

· Section’s 5.15 to 5.29 (inclusive) are new non-mandatory provisions and relate to ‘meetings held by audio/visual link’. Council has previously advocated that, notwithstanding the benefits of meetings via audio/visual link, physical attendance by Councillors at Council Meetings (where public health orders allow) ought to be the default position.

Aside from illness, disability or caring responsibilities (which are covered by section 5.23 in the Draft Code of Meeting Practice 2022), it was felt that acceptable reasons for not physically attending council meetings should be limited to exceptional circumstances and not include instances where Councillors elect to be in another location (for example, have personal commitments (including work and holidays) that preclude their physical attendance).

It is recommended that section 5.23(b) of the Draft Code of Meeting Practice 2022 be worded such that physical attendance at Council meetings be Council’s default position, reasons for requesting attendance at council meetings via audio/visual link be limited to exceptional circumstances, and that personal commitments (including work and holidays) are not considered acceptable reasons for attending council meetings via audio/visual link.

Community Consultation

Statement of Intent

The consultation is designed to ascertain the community’s views on the Draft Code of Meeting Practice. Any comments received will be reviewed and evaluated to determine whether to incorporate any amendments or additional supplementary provisions.

Method

Level of Participation	Inform	Consult
Form of Participation	Open	Open
Target Audience	Lane Cove Community	Lane Cove Community
Proposed Medium	e-Newsletter	Website Exhibition “Have Your Say”
Indicative Timing	Late February to Early April

Conclusion

The new Model Code of Meeting Practice for Local Councils in NSW, was published in the Gazette on 29 October 2021, as prescribed for the purposes of the Act, section 360(1).

It is recommended that Council adopts the mandatory provisions set out in this Model Code including the non-mandatory provisions identified in Council’s Draft Code of Meeting Practice 2022.

It is recommended that the Draft Code of Meeting Practice 2022 be adopted for the purpose of community consultation and that a further report be received by Council following the public exhibition period.

RECOMMENDATION

That:-

1. Council adopt, for the purpose of public exhibition, the Draft Code of Meeting Practice 2022 which includes both mandatory and non-mandatory provisions, consistent with the Office of Local Government’s Model Code of Meeting Practice and ‘other proposed amendments’ as outlined in this report;

2. Council undertake community consultation for a period of six (6) weeks as per the consultation plan outlined in this report; and

3. Following the public exhibition period, the Draft Code of Meeting Practice, together with a report on any submissions received and any proposed amendments, be considered at the Council meeting to be held 19 April 2022.

Steven Kludass

Executive Manager - Corporate Services

Corporate Services Division

ATTACHMENTS:

AT‑1 View

Draft Code of Meeting Practice (2022)

60 Pages

1. Introduction

The new changes made by the NSW OLG’s New Model Meeting Code (29 October 2021) for inclusion in Council’s Code are shown in red-scarlet font and/or with ~~strikethrough~~. These will be mandatory provisions. Where there are non-mandatory provisions, they will be indicated as non-mandatory.

This revised Draft Code of Meeting Practice has been developed in line with the NSW Office of Local Government’s New Model Code of Meeting Practice for Local Councils in NSW (the Model Meeting Code) of 29 October 2021, made under section 360 of the Local Government Act 1993 (the Act) and the Local Government (General) Regulation ~~2005~~ 2021 (the Regulation).

This Code applies to all meetings of councils and committees of councils of which all the members are councillors (committees of council). Council committees whose members include persons other than councillors may adopt their own rules for meetings unless the council determines otherwise.

This Code incorporates the mandatory provisions along with relevant non-mandatory provisions of the new Model Meeting Code (Model Meeting Code) and other supplementary provisions which are not inconsistent with the mandatory provisions of the new Model Meeting Code.

2. Meeting Principles

2.1 Council and committee meetings should be:

Transparent: Decisions are made in a way that is open and accountable.

Informed: Decisions are made based on relevant, quality information.

Inclusive: Decisions respect the diverse needs and interests of the local community.

Principled: Decisions are informed by the principles prescribed under Chapter 3 of the Act.

Trusted: The community has confidence that councillors and staff act ethically and make decisions in the interests of the whole community.

Respectful: Councillors, staff and meeting attendees treat each other with respect.

Effective: Meetings are well organised, effectively run and skilfully chaired.

Orderly: Councillors, staff and meeting attendees behave in a way that contributes to the orderly conduct of the meeting.

3. Before the Meeting

Timing of Ordinary Council Meetings

3.1 Ordinary meetings of the council will be held generally on the following occasions: the third Monday of each month from February to December with the exception of July when the Ordinary meeting shall generally be held on the fourth Monday of that month and December when the Ordinary meeting shall generally be held on the first Monday of that month.

3.2 The council shall, by resolution, set the frequency, time, date and place of its ordinary meetings.

Note: Under section 365 of the Act, councils are required to meet at least ten (10) times each year, each time in a different month unless the Minister for Local Government has approved a reduction in the number of times that a council is required to meet each year under section 365A.

Extraordinary Meetings

3.3 If the mayor receives a request in writing, signed by at least two (2) councillors, the mayor must call an extraordinary meeting of the council to be held as soon as practicable, but in any event, no more than 14 days after receipt of the request. In no case shall notice of less than twenty-four (24) hours be given. The mayor can be one of the two councillors requesting the meeting [Pol].

Note: Clause 3.3 reflects section 366 of the Act.

3.4 Notwithstanding clause 3.3 the mayor (or the deputy mayor if acting for the mayor), may, at his/her discretion, call meetings of the council, notice of which shall be given in accordance with this Code.

Notice to the Public of Council Meetings

3.5 The council must give notice to the public of the time, date and place of each of its meetings, including extraordinary meetings and of each meeting of committees of the council.

Note: Clause 3.5 reflects section 9(1) of the Act.

3.6 For the purposes of clause 3.5, notice of a meeting of the council and of a committee of council is to be published before the meeting takes place. The notice must be published on the council’s website, and in such other manner that the council is satisfied is likely to bring notice of the meeting to the attention of as many people as possible.

3.7 For the purposes of clause 3.5, notice of more than one (1) meeting may be given in the same notice.

Notice to Councillors of Ordinary Council Meetings

3.78 The general manager must send to each councillor, at least three (3) days before each meeting of the council, a notice specifying the time, date and place at which the meeting is to be held, and the business proposed to be considered at the meeting.

Note: Clause 3.78 reflects section 367(1) of the Act.

3.89 For the purpose of clause 3.78, three (3) days notice before a meeting of the Council includes a Saturday, Sunday and/or a Public Holiday.

3.910 The notice and the agenda for, and the business papers relating to, the meeting may be given to councillors in electronic form, but only if all councillors have facilities to access the notice, agenda and business papers in that form.

Note: Clause 3.910 reflects section 367(3) of the Act.

Notice to Councillors of Extraordinary Meetings

3.101 Notice of less than three (3) days may be given to councillors of an extraordinary meeting of the council in cases of emergency.

Note: Clause 3.101 reflects section 367(2) of the Act.

Giving Notice of Business to be Considered at Council Meetings

3.112 A councillor may give notice of any business they wish to be considered by the council at its next ordinary meeting by way of a notice of motion. To be included on the agenda of the meeting, the notice of motion must be in writing and must be submitted (4) business days before the meeting is to be held (midnight on the Tuesday preceding the meeting) [Pol].

3.123 A councillor may, in writing to the general manager, request the withdrawal of a notice of motion submitted by them prior to its inclusion in the agenda and business paper for the meeting at which it is to be considered.

3.134 If the general manager considers that a notice of motion submitted by a councillor for consideration at an ordinary meeting of the council has legal, strategic, financial or policy implications which should be taken into consideration by the meeting, the general manager may prepare a report in relation to the notice of motion for inclusion with the business papers for the meeting at which the notice of motion is to be considered by the council.

3.145 A notice of motion for the expenditure of funds on works and/or services other than those already provided for in the council’s current adopted operational plan must identify the source of funding for the expenditure that is the subject of the notice of motion. If the notice of motion does not identify a funding source, the general manager must either:

(a) prepare a report on the availability of funds for implementing the motion if adopted for inclusion in the business papers for the meeting at which the notice of motion is to be considered by the council, or

(b) by written notice sent to all councillors with the business papers for the meeting for which the notice of motion has been submitted, defer consideration of the matter by the council to such a date specified in the notice, pending the preparation of such a report.

Questions with Notice

3.156 A councillor may, by way of a notice submitted under clause 3.112, ask a question for response by the general manager about the performance or operations of the council.

3.167 A councillor is not permitted to ask a question with notice under clause 3.156 that comprises a complaint against the general manager or a member of staff of the council, or a question that implies wrongdoing by the general manager or a member of staff of the council.

3.178 The general manager or their nominee may respond to a question with notice submitted under clause 3.156 by way of a report included in the business papers for the relevant meeting of the council or orally at the meeting.

Agenda and Business Papers for Ordinary Meetings

3.189 The general manager must cause the agenda for a meeting of the council or a committee of the council to be prepared as soon as practicable before the meeting.

3.1920 The general manager must ensure that the agenda for an ordinary meeting of the council states:

(a) all matters to be dealt with arising out of the proceedings of previous meetings of the council, and

(b) if the mayor is the chairperson – any matter or topic that the chairperson proposes, at the time when the agenda is prepared, to put to the meeting, and

(c) all matters, including matters that are the subject of staff reports and reports of committees, to be considered at the meeting, and

(d) any business of which due notice has been given under clause 3.112.

3.201 Nothing in clause 3.1920 limits the powers of the mayor to put a mayoral minute to a meeting under clause 9.6.

3.212 The general manager must not include in the agenda for a meeting of the council any business of which due notice has been given if, in the opinion of the general manager, the business is, or the implementation of the business would be, unlawful. The general manager must report, without giving details of the item of business, any such exclusion to the next meeting of the council.

3.223 Where the agenda includes the receipt of information or discussion of other matters that, in the opinion of the general manager, is likely to take place when the meeting is closed to the public, the general manager must ensure that the agenda of the meeting:

(a) identifies the relevant item of business and indicates that it is of such a nature (without disclosing details of the information to be considered when the meeting is closed to the public), and

(b) states the grounds under section 10A(2) of the Act relevant to the item of business.

Note: Clause 3.223 reflects section 9(2A) (a) of the Act.

3.234 The general manager must ensure that the details of any item of business which, in the opinion of the general manager, is likely to be considered when the meeting is closed to the public, are included in a business paper provided to councillors for the meeting concerned. Such details must not be included in the business papers made available to the public, and must not be disclosed by a councillor or by any other person to another person who is not authorised to have that information.

3.245 Any matter considered urgent by the general manager which arises after the distribution of Business Papers, may be circulated to Councillors immediately prior to the meeting via a late items supplementary agenda. In such circumstances if requested by one (1) or more Councillors, prior to discussion or determination of the matter, the Chairperson shall allow a period of time for Councillors to read the report.

Statement of Ethical Obligations

[corresponding to 3.23 in new Model Meeting Code]

3.26 Business papers for all ordinary and extraordinary meetings of the council and committees of the council must contain a statement reminding councillors of their oath or affirmation of office made under section 233A of the Act and their obligations under the council’s code of conduct to disclose and appropriately manage conflicts of interest.

Availability of the Agenda and Business Papers to the Public

3.257 Copies of the agenda and the associated business papers, such as correspondence and reports for meetings of the council and committees of council, are to be published on the council’s website, and must be made available to the public for inspection, or for taking away by any person free of charge at the offices of the council, at the relevant meeting and at such other venues determined by the council.

Note: Clause 3.257 reflects section 9(2) and (4) of the Act.

3.268 Clause 3.257 does not apply to the business papers for items of business that the general manager has identified under clause 3.223 as being likely to be considered when the meeting is closed to the public.

Note: Clause 3.268 reflects section 9(2A) (b) of the Act.

3.279 For the purposes of clause 3.257, copies of agendas and business papers must be published on the council’s website and made available to the public at a time that is as close as possible to the time they are available to councillors.

Note: Clause 3.279 reflects section 9(3) of the Act.

3.2830 A copy of an agenda, or of an associated business paper made available under clause 3.25, may in addition be given or made available in electronic form.

Note: Clause 3.2830 reflects section 9(5) of the Act.

Agenda and Business Papers for Extraordinary Meetings

3.2931 The general manager must ensure that the agenda for an extraordinary meeting of the council deals only with the matters stated in the notice of the meeting.

3.302 Despite clause 3.2931, business may be considered at an extraordinary meeting of the council, even though due notice of the business has not been given, if:

(a) a motion is passed to have the business considered at the meeting, and

(b) the business to be considered is ruled by the chairperson to be of great urgency on the grounds that it requires a decision by the council before the next scheduled ordinary meeting of the council.

3.313 A motion moved under clause 3.302(a) can be moved without notice but only after the business notified in the agenda for the extraordinary meeting has been dealt with.

3.324 Despite clauses 10.21–10.32, only the mover of a motion moved under clause 3.302(a) can speak to the motion before it is put.

3.335 A motion of dissent cannot be moved against a ruling of the chairperson under clause 3.302(b) on whether a matter is of great urgency.

Pre-Meeting Briefing Sessions

3.346 Prior to each ordinary meeting of the council, the general manager may arrange a pre-meeting briefing session to brief councillors on business to be considered at the meeting. Pre-meeting briefing sessions may also be held for extraordinary meetings of the council and meetings of committees of the council.

3.357 Pre-meeting briefing sessions are to be held in the absence of the public.

[corresponding to 3.35 in new Model Meeting Code – non-mandatory provision]

3.38 Pre-meeting briefing sessions may be held by audio-visual link. [non-mandatory provision]

3.369 The general manager or a member of staff nominated by the general manager is to preside at pre-meeting briefing sessions.

3.3740 Councillors must not use pre-meeting briefing sessions to debate or make preliminary decisions on items of business they are being briefed on, and any debate and decision-making must be left to the formal council or committee meeting at which the item of business is to be considered.

3.3841 Councillors (including the mayor) must declare and manage any conflicts of interest they may have in relation to any item of business that is the subject of a briefing at a pre-meeting briefing session, in the same way that they are required to do so at a council or committee meeting. The council is to maintain a written record of all conflict of interest declarations made at pre-meeting briefing sessions and how the conflict of interest was managed by the councillor who made the declaration.

4. Public Forums

4.1 The council may hold a public forum prior to each ordinary meeting of the council for the purpose of hearing oral submissions from members of the public on any item or subject that a resident wishes to raise. Public forums may also be held prior to extraordinary council meetings and meetings of committees of the council only on items of business listed on the agenda [Pol].

Note: The general order of business for an ordinary meeting of the council includes a public forum conducted during the meeting.

[new in Model Meeting Code – non-mandatory provision]

4.2 Public forums may be held by audio-visual link. [non-mandatory provision]

4.23 Public forums are to be chaired by the Chairperson of the meeting.

4.34 Public Forums shall be limited to two (2) hours’ duration.

4.45 To speak at a public forum, a person wishing to address the council during a public forum must register their details with Council by 5:00pm on the day of the Council meeting at which the individual is speaking. This information includes:-

a. Identification of the matter on which the person wishes to speak; and

b. The speakers name and address; and

c. Relevant contact information (email and phone number) to allow Council to follow up with speaker should this be required.

4.56 Speakers at the Public Forum will be invited by the Chairperson, in order of registration, to address the Council.

4.67 Speakers who have not registered to speak at the public forum may be invited to address Council by the Chairperson after the registered speakers have addressed Council.

4.78 A person may speak on any number of items of business on the agenda of the council meeting or on any other topic.

4.89 A representative acting on behalf of others, including legal representatives and consultants, are not to be permitted to speak at a public forum unless they identify their status as a representative when applying to speak at the public forum.

4.910 Each speaker will be allowed a maximum of three (3) minutes to address the Council. This time is to be strictly enforced by the Chairperson.

4.101 Speakers at the public forum are to register with the Council any visual or audio material to be presented to the Council at the public forum in support of their address within their timeframe allocated in 4.9, and to identify any equipment needs by 12 noon on the day of the council meeting at which the individual is speaking. The General Manager or their delegate may refuse to allow such material to be presented.

4.112 A councillor (including the chairperson) may, through the chairperson, ask questions of a speaker following their address at a public forum in order to clarify an issue, but will not otherwise question the Speaker. Questions put to a speaker must be direct, succinct and without argument.

4.123 Speakers are under no obligation to answer a question put under clause 4.112. Answers by the speaker, to each question are to be limited to one (1) minute.

4.134 If a speaker at a public forum poses a question to the Council, Councillors or Council staff, the question is not required to be answered during the public forum.

4.145 The General Manager may, with the concurrence of the Chairperson, address the Council during a public forum to clarify an issue.

4.156 When addressing the council, speakers at public forums must comply with this code and all other relevant council codes, policies and procedures. Speakers must refrain from engaging in disorderly conduct, publicly alleging breaches of the council’s code of conduct or making other potentially defamatory statements.

4.167 If the chairperson considers that a speaker at a public forum has engaged in conduct of the type referred to in clause 4.156, the chairperson may request the person to refrain from the inappropriate behaviour and to withdraw and unreservedly apologise for any inappropriate comments. Where the speaker fails to comply with the chairperson’s request, the chairperson may immediately require the person to stop speaking.

4.178 Clause 4.167 does not limit the ability of the chairperson to deal with disorderly conduct by speakers at public forums in accordance with the provisions of Part 15 of this code.

5. Coming Together

Attendance by Councillors at Meetings

5.1 All councillors must make reasonable efforts to attend meetings of the council and of committees of the council of which they are members.

Note: A councillor may not attend a meeting as a councillor (other than the first meeting of the council after the councillor is elected or a meeting at which the councillor takes an oath or makes an affirmation of office) until they have taken an oath or made an affirmation of office in the form prescribed under section 233A of the Act.

5.2 A councillor cannot participate in a meeting of the council or of a committee of the council unless personally present at the meeting, unless permitted to attend the meeting by audio-visual link under this code. [new in Model Meeting Code]

5.3 Where a councillor is unable to attend one or more ordinary meetings of the council, the councillor should request that the council grant them a leave of absence from those meetings. This clause does not prevent a councillor from making an apology if they are unable to attend a meeting. However the acceptance of such an apology does not constitute the granting of a leave of absence for the purposes of this code and the Act.

5.4 A councillor’s request for leave of absence from council meetings should, if practicable, identify (by date) the meetings from which the councillor intends to be absent and the grounds upon which the leave of absence is being sought.

5.5 The council must act reasonably when considering whether to grant a councillor’s request for a leave of absence.

5.6 A councillor’s civic office will become vacant if the councillor is absent from three (3) consecutive ordinary meetings of the council without prior leave of the council, or leave granted by the council at any of the meetings concerned, unless the holder is absent because they have been suspended from office under the Act, or because the council has been suspended under the Act, or as a consequence of a compliance order under section 438HA.

Note: Clause 5.6 reflects section 234(1) (d) of the Act.

5.7 A councillor who intends to attend a meeting of the council despite having been granted a leave of absence should, if practicable, give the general manager at least two (2) days’ notice of their intention to attend.

The Quorum for a Meeting

5.8 The quorum for a meeting of the council is a majority of the councillors of the council who hold office at that time and are not suspended from office.

Note: Clause 5.8 reflects section 368(1) of the Act.

5.9 Clause 5.8 does not apply if the quorum is required to be determined in accordance with directions of the Minister in a performance improvement order issued in respect of the council.

Note: Clause 5.9 reflects section 368(2) of the Act.

5.10 A meeting of the council must be adjourned if a quorum is not present:

(a) at the commencement of the meeting where the number of apologies received for the meeting indicates that there will not be a quorum for the meeting, or

(b) within half an hour after the time designated for the holding of the meeting, or

5.11 In either case, the meeting must be adjourned to a time, date and place fixed:

(a) by the chairperson, or

(b) in the chairperson’s absence, by the majority of the councillors present, or

5.12 The general manager must record in the council’s minutes the circumstances relating to the absence of a quorum (including the reasons for the absence of a quorum) at or arising during a meeting of the council, together with the names of the councillors present.

5.13 Where, prior to the commencement of a meeting, it becomes apparent that a quorum may not be present at the meeting, or that the health, safety ~~and~~ or welfare of councillors, council staff and members of the public may be put at risk by attending the meeting because of a natural disaster ~~(such as, but not limited to flood or bushfire),~~ or a public health emergency, the mayor may, in consultation with the general manager and, as far as is practicable, with each councillor, cancel the meeting. Where a meeting is cancelled, notice of the cancellation must be published on the council’s website and in such other manner that the council is satisfied is likely to bring notice of the cancellation to the attention of as many people as possible. [corresponds to 5.14 in new Model Meeting Code – non-mandatory provision]

5.14 Where a meeting is cancelled under clause 5.13, the business to be considered at the meeting may instead be considered, where practicable, at the next ordinary meeting of the council or at an extraordinary meeting called under clause 3.3.

[New in Model Meeting Code – non-mandatory provisions]

Meetings Held by Audio-Visual Link

[corresponds to 5.16 in new Model Meeting Code – non-mandatory provision]

5.15 A meeting of the council or a committee of the council may be held by audio-visual link where the mayor determines that the meeting should be held by audio-visual link because of a natural disaster or a public health emergency. The mayor may only make a determination under this clause where they are satisfied that attendance at the meeting may put the health and safety of councillors and staff at risk. The mayor must make a determination under this clause in consultation with the general manager and, as far as is practicable, with each councillor.

[corresponds to 5.17 in new Model Meeting Code – non-mandatory provision]

5.16 Where the mayor determines under clause 5.16 that a meeting is to be held by audio-visual link, the general manager must:

(a) give written notice to all councillors that the meeting is to be held by audio-visual link, and

(b) take all reasonable steps to ensure that all councillors can participate in the meeting by audio-visual link, and

(c) cause a notice to be published on the council’s website and in such other manner the general manager is satisfied will bring it to the attention of as many people as possible, advising that the meeting is to be held by audio-visual link and providing information about where members of the public may view the meeting.

[corresponds to 5.18 in new Model Meeting Code – non-mandatory provision]

5.17 This code applies to a meeting held by audio-visual link under clause 5.16 in the same way it would if the meeting was held in person.

[New in Model Meeting Code – non-mandatory provisions]

Attendance by Councillors at Meetings by Audio-Visual Link

[corresponds to 5.19 in new Model Meeting Code – non-mandatory provision]

5.18 Councillors may attend and participate in meetings of the council and committees of the council by audio-visual link with the approval of the council or the relevant committee.

[corresponds to 5.20 in new Model Meeting Code – non-mandatory provision]

5.19 A request by a councillor for approval to attend a meeting by audio-visual link must be made in writing to the general manager prior to the meeting in question and must provide reasons why the councillor will be prevented from attending the meeting in person.

[corresponds to 5.21 in new Model Meeting Code – non-mandatory provision]

5.20 Councillors may request approval to attend more than one meeting by audio-visual link. Where a councillor requests approval to attend more than one meeting by audio-visual link, the request must specify the meetings the request relates to in addition to the information required under clause 5.19.

[corresponds to 5.22 in new Model Meeting Code – non-mandatory provision]

5.21 The council must comply with the Health Privacy Principles prescribed under the Health Records and Information Privacy Act 2002 when collecting, holding, using and disclosing health information in connection with a request by a councillor to attend a meeting by audio-visual link.

[corresponds to 5.23 in new Model Meeting Code – non-mandatory provision]

5.22 A councillor who has requested approval to attend a meeting of the council or a committee of the council by audio-visual link may participate in the meeting by audio-visual link until the council or committee determines whether to approve their request and is to be taken as present at the meeting. The councillor may participate in a decision in relation to their request to attend the meeting by audio-visual link.

[corresponds to 5.24 in new Model Meeting Code – non-mandatory provision]

5.23 A decision whether to approve a request by a councillor to attend a meeting of the council or a committee of the council by audio-visual link must be made by a resolution of the council or the committee concerned. The resolution must state:

(a) the meetings the resolution applies to, and

(b) the reason why the councillor is being permitted to attend the meetings by audio-visual link where it is on grounds other than illness, disability, or caring responsibilities.

[corresponds to 5.25 in new Model Meeting Code – non-mandatory provision]

5.24 If the council or committee refuses a councillor’s request to attend a meeting by audio-visual link, their link to the meeting is to be terminated.

[corresponds to 5.26 in new Model Meeting Code – non-mandatory provision]

5.25 A decision whether to approve a councillor’s request to attend a meeting by audio-visual link is at the council’s or the relevant committee’s discretion. The council and committees of the council must act reasonably when considering requests by councillors to attend meetings by audio-visual link. However, the council and committees of the council are under no obligation to approve a councillor’s request to attend a meeting by audio-visual link where the technical capacity does not exist to allow the councillor to attend the meeting by these means.

[corresponds to 5.27 in new Model Meeting Code – non-mandatory provision]

5.26 The council and committees of the council may refuse a councillor’s request to attend a meeting by audio-visual link where the council or committee is satisfied that the councillor has failed to appropriately declare and manage conflicts of interest, observe confidentiality or to comply with this code on one or more previous occasions they have attended a meeting of the council or a committee of the council by audio-visual link.

[corresponds to 5.28 in new Model Meeting Code – non-mandatory provision]

5.27 This code applies to a councillor attending a meeting by audio-visual link in the same way it would if the councillor was attending the meeting in person. Where a councillor is permitted to attend a meeting by audio-visual link under this code, they are to be taken as attending the meeting in person for the purposes of the code and will have the same voting rights as if they were attending the meeting in person.

[corresponds to 5.29 in new Model Meeting Code – non-mandatory provision]

5.28 A councillor must give their full attention to the business and proceedings of the meeting when attending a meeting by audio-visual link. The councillor’s camera must be on at all times during the meeting except as may be otherwise provided for under this code.

[corresponds to 5.30 in new Model Meeting Code – non-mandatory provision]

5.29 A councillor must be appropriately dressed when attending a meeting by audio-visual link and must ensure that no items are within sight of the meeting that are inconsistent with the maintenance of order at the meeting or that are likely to bring the council or the committee into disrepute.

Entitlement of the Public to Attend Council Meetings

5.1530 Everyone is entitled to attend a meeting of the council and committees of the council. The council must ensure that all meetings of the council and committees of the council are open to the public.

Note: Clause 5.1530 reflects section 10(1) of the Act.

5.1631 Notwithstanding clause 5.1530, a limitation may be placed on the number of members of the public admitted to a meeting of the Council or a Committee of the Council, where such a limitation is for reason of safety or security.

5.1732 Clause 5.1530 does not apply to parts of meetings that have been closed to the public under section 10A of the Act.

5.1833 A person (whether a councillor or another person) is not entitled to be present at a meeting of the council or a committee of the council if expelled from the meeting:

(a) by a resolution of the meeting, or

(b) by the person presiding at the meeting if the council has, by resolution, authorised the person presiding to exercise the power of expulsion.

Note: Clause 5.1833 reflects section 10(2) of the Act.

Note: Clause 15.14 confers a standing authorisation on all chairpersons of meetings of the council and committees of the council to expel persons from meetings.

Webcasting of Meetings

[new in Model Meeting Code]

5.1934 Each meeting of the council or a committee of the council is to be recorded by means of an audio or audio-visual device. [new in Model Meeting Code] ~~All meetings of the council and committees of the council are to be live webcast on the council’s website.~~

5.2035 Clause 5.1934 does not apply to parts of a meeting that have been closed to the public under section 10A of the Act.

[but note 5.35 may be redundant/removed due to proposed new clause 5.39, based on new Model Meeting Code’s clause 5.38 – see below]

[corresponds to 5.35 in new Model Meeting Code]

5.2136 At the start of each meeting of the council or a committee of the council, the chairperson must inform the persons attending the meeting that:

(a) the meeting is being recorded and made publicly available on the council’s website, and

(b) persons attending the meeting should refrain from making any defamatory statements.

At the start of each meeting the chairperson is to make a statement informing those in attendance that the meeting is being webcast and that those in attendance should refrain from making any defamatory statements.

[corresponds to 5.36 in new Model Meeting Code]

5.2237 The recording of a meeting is to be made publicly available on the council’s website:

(a) at the same time as the meeting is taking place, or

(b) as soon as practicable after the meeting.

A recording of each meeting of the council and committee of the council is to be retained on the council’s website for four (4) years. Recordings of meetings may be disposed of in accordance with the State Records Act 1998.

[corresponds to 5.37 in new Model Meeting Code]

5.38 The recording of a meeting is to be made publicly available on the council’s website for at least 12 months after the meeting.

[corresponds to 5.38 in new Model Meeting Code]

5.39 Clauses 5.37 and 5.38 do not apply to any part of a meeting that has been closed to the public in accordance with section 10A of the Act.

Note: Clauses 5.34 – 5.39 reflect section 236 of the Regulation.

[corresponds to 5.39 in new Model Code]

5.40 Recordings of meetings may be disposed of in accordance with the State Records Act 1998.

Attendance of the General Manager and Other Staff at Meetings

5.2341 The general manager is entitled to attend, but not to vote at, a meeting of the council or a meeting of a committee of the council of which all of the members are councillors.

Note: Clause 5.2341 reflects section 376(1) of the Act.

5.2442 The general manager is entitled to attend a meeting of any other committee of the council and may, if a member of the committee, exercise a vote.

Note: Clause 5.2442 reflects section 376(2) of the Act.

5.2543 The general manager may be excluded from a meeting of the council or a committee while the council or committee deals with a matter relating to the standard of performance of the general manager or the terms of employment of the general manager.

Note: Clause 5.2543 reflects section 376(3) of the Act.

5.2644 The attendance of other council staff at a meeting, (other than as members of the public) shall be with the approval of the general manager.

[corresponds to 5.44 in new Model Meeting Code]

5.45 The general manager and other council staff may attend meetings of the council and committees of the council by audio-visual-link. Attendance by council staff at meetings by audio-visual link (other than as members of the public) shall be with the approval of the general manager. non-mandatory provision]

5.2746 The wearing of ties by members of the Council and staff at Council meetings is optional.

5.2847 Smoking is prohibited in the Council Chambers.

5.2948 Consumption of alcohol during any meeting is prohibited.

6. The Chairperson

The Chairperson at Meetings

6.1 The mayor, or at the request of or in the absence of the mayor, the deputy mayor (if any) presides at meetings of the council.

Note: Clause 6.1 reflects section 369(1) of the Act.

6.2 If the mayor and the deputy mayor (if any) are absent, a councillor elected to chair the meeting by the councillors present presides at a meeting of the council.

Note: Clause 6.2 reflects section 369(2) of the Act.

Election of the Chairperson in the Absence of the Mayor and Deputy Mayor

6.3 If no chairperson is present at a meeting of the council at the time designated for the holding of the meeting, the first business of the meeting must be the election of a chairperson to preside at the meeting.

6.4 The election of a chairperson must be conducted:

(a) by the general manager or, in their absence, an employee of the council designated by the general manager to conduct the election, or

(b) by the person who called the meeting or a person acting on their behalf if neither the general manager nor a designated employee is present at the meeting, or if there is no general manager or designated employee.

6.5 If, at an election of a chairperson, two (2) or more candidates receive the same number of votes and no other candidate receives a greater number of votes, the chairperson is to be the candidate whose name is chosen by lot.

6.6 For the purposes of clause 6.5, the person conducting the election must:

(a) arrange for the names of the candidates who have equal numbers of votes to be written on similar slips, and

(b) then fold the slips so as to prevent the names from being seen, mix the slips and draw one of the slips at random.

6.7 The candidate whose name is on the drawn slip is the candidate who is to be the chairperson.

6.8 Any election conducted under clause 6.3, and the outcome of the vote, are to be recorded in the minutes of the meeting.

Chairperson to Have Precedence

6.9 When the chairperson rises or speaks during a meeting of the council:

(a) any councillor then speaking or seeking to speak must cease speaking and, if standing, immediately resume their seat, and

(b) every councillor present must be silent to enable the chairperson to be heard without interruption.

7. Modes of Address

7.1 If the chairperson is the mayor, they are to be addressed as ‘Mr Mayor’ or ‘Madam Mayor’.

7.2 Where the chairperson is not the mayor, they are to be addressed as either ‘Mr Chairperson’ or ‘Madam Chairperson’.

7.3 A councillor is to be addressed as ‘Councillor [surname]’.

7.4 A council officer is to be addressed by their official designation or as Mr/Ms [surname].

8. Order of Business for Ordinary Council Meetings

8.1 The general order of business for an ordinary meeting of the council shall be:

1. Declarations of Interest

2. Apologies and applications for a leave of absence [new in Model Code] or attendance by audio-visual link by councillors [new in Model Meeting Code – non mandatory provision]

3. Meeting Prayer

4. Acknowledgment to Country

5. Notice about Meeting Webcast

6. Closed Committee Items

7. Public Forum

8. Confirmation of Minutes

9. Mayoral Minutes

10. Petitions

11. Referred Matters

12. Deferred Reports

13. Orders of the Day

14. Notice of Motion

15. Officer Reports for Determination

16. Officers Reports for Information

17. Questions With Notice

8.2 The order of business as fixed under clause 8.1 may be altered for a particular meeting of the council if a motion to that effect is passed at that meeting. Such a motion can be moved without notice.

8.3 Despite clauses 10.21–10.32, only the mover of a motion referred to in clause 8.2 may speak to the motion before it is put.

8.4 Notwithstanding clause 8.2, council meetings in Closed Committee of the Whole must conclude by 7.00pm sharp and no extension may be permitted beyond this time, the exception being a Council resolution to defer Closed Committee of the Whole to after the conclusion of the public items in the business paper and subject to this Code.

9. Consideration of Business at Council Meetings

Business that can be dealt with at a council meeting

9.1 The council must not consider business at a meeting of the council:

(a) unless a councillor has given notice of the business, as required by clause 3.10, and

(b) unless notice of the business has been sent to the councillors in accordance with clause 3.7 in the case of an ordinary meeting or clause 3.9 in the case of an extraordinary meeting called in an emergency.

9.2 Clause 9.1 does not apply to the consideration of business at a meeting, if the business:

(a) is already before, or directly relates to, a matter that is already before the council, at that meeting or

(b) is the election of a chairperson to preside at the meeting, or

(d) is a motion for the adoption of recommendations of a committee, including, but not limited to, a committee of the council; or

(e) is a report from officers which in the opinion of the Chairperson or the General Manager are urgent.

9.3 Despite clause 9.1, business may be considered at a meeting of the council even though due notice of the business has not been given to the councillors if:

(a) a motion is passed to have the business considered at the meeting, and

9.4 A motion moved under clause 9.3(a) can be moved without notice. Despite clauses 10.21–10.32, only the mover of a motion referred to in clause 9.3(a) can speak to the motion before it is put.

9.5 A motion of dissent cannot be moved against a ruling by the chairperson under clause 9.3(b).

Mayoral Minutes

9.6 Subject to clause 9.9, if the mayor is the chairperson at a meeting of the council, the mayor may, by minute signed by the mayor, put to the meeting without notice any matter or topic that is within the jurisdiction of the council, or of which the council has official knowledge.

9.7 A mayoral minute, when put to a meeting, takes precedence over all business on the council’s agenda for the meeting. The chairperson (but only if the chairperson is the mayor) may move the adoption of a mayoral minute without the motion being seconded.

9.8 A recommendation made in a mayoral minute put by the mayor is, so far as it is adopted by the council, a resolution of the council.

9.9 A mayoral minute must not be used to put without notice matters that are routine and not urgent, or matters for which proper notice should be given because of their complexity. For the purpose of this clause, a matter will be urgent where it requires a decision by the council before the next scheduled ordinary meeting of the council.

9.10 Where a mayoral minute makes a recommendation which, if adopted, would require the expenditure of funds on works and/or services other than those already provided for in the council’s current adopted operational plan, it must identify the source of funding for the expenditure that is the subject of the recommendation. If the mayoral minute does not identify a funding source, the council must defer consideration of the matter, pending a report from the general manager on the availability of funds for implementing the recommendation if adopted.

Staff Reports

9.11 A recommendation made in a staff report is, so far as it is adopted by the council, a resolution of the council.

Reports of Committees of Council

9.12 The recommendations of a committee of the council are, so far as they are adopted by the council, resolutions of the council.

9.13 If in a report of a committee of the council distinct recommendations are made, the council may make separate decisions on each recommendation.

Questions

9.14 A question must not be asked at a meeting of the council unless it concerns a matter on the agenda of the meeting or notice has been given of the question in accordance with clauses 3.10 and 3.14.

9.15 A councillor may, through the chairperson, put a question to another councillor about a matter on the agenda.

9.16 A councillor may, through the general manager, put a question to a council employee about a matter on the agenda. Council employees are only obliged to answer a question put to them through the general manager at the direction of the general manager.

9.17 A councillor or council employee to whom a question is put is entitled to be given reasonable notice of the question and, in particular, sufficient notice to enable reference to be made to other persons or to ~~documents~~ information [new in Model Meeting Code]. Where a councillor or council employee to whom a question is put is unable to respond to the question at the meeting at which it is put, they may take it on notice and report the response to the next meeting of the council.

9.18 Councillors must put questions directly, succinctly, respectfully and without argument.

9.19 The chairperson must not permit discussion on any reply to, or refusal to reply to, a question put to a councillor or council employee.

10. Rules of Debate

Motions to be Seconded

10.1 A motion or an amendment cannot be debated unless or until it has been seconded. However, the mover of a motion may be allowed by the Chairperson to speak to the motion before calling for the motion to be seconded [Pol].

Notices of Motion

10.2 A councillor who has submitted a notice of motion under clause 3.10 is to move the motion the subject of the notice of motion at the meeting at which it is to be considered.

10.3 If a councillor who has submitted a notice of motion under clause 3.10 wishes to withdraw it after the agenda and business paper for the meeting at which it is to be considered have been sent to councillors, the councillor may request the withdrawal of the motion when it is before the council.

10.4 In the absence of a councillor who has placed a notice of motion on the agenda for a meeting of the council:

(a) any other councillor may, with the leave of the chairperson, move the motion at the meeting, or

(b) the chairperson may defer consideration of the motion until the next meeting of the council.

Chairperson’s Duties with Respect to Motions

10.5 It is the duty of the chairperson at a meeting of the council to receive and put to the meeting any lawful motion that is brought before the meeting.

10.6 Where a motion is moved and seconded, the Chairperson shall enquire before the speech in support of the motion whether there is any dissent, if there is no dissent the motion shall then be put without discussion. When dissent is expressed the speakers shall be in a series of for and against as per clauses 10.21-10.32.

10.7 The chairperson must rule out of order any motion or amendment to a motion that is unlawful or the implementation of which would be unlawful.

10.8 Before ruling out of order a motion or an amendment to a motion under clause 10.7, the chairperson is to give the mover an opportunity to clarify or amend the motion or amendment.

10.9 Any motion, amendment or other matter that the chairperson has ruled out of order is taken to have been lost.

Motions Requiring the Expenditure of Funds

10.10 A motion or an amendment to a motion which if passed would require the expenditure of funds on works and/ or services other than those already provided for in the council’s current adopted operational plan must identify the source of funding for the expenditure that is the subject of the motion. If the motion does not identify a funding source, the council must defer consideration of the matter, pending a report from the general manager on the availability of funds for implementing the motion if adopted.

Amendments to Motions

10.11 An amendment to a motion must be moved and seconded before it can be debated.

10.12 An amendment to a motion must relate to the matter being dealt with in the original motion before the council and must not be a direct negative of the original motion. An amendment to a motion which does not relate to the matter being dealt with in the original motion, or which is a direct negative of the original motion, must be ruled out of order by the chairperson.

10.13 The mover of an amendment is to be given the opportunity to explain any uncertainties in the proposed amendment before a seconder is called for.

10.14 If an amendment has been lost, a further amendment can be moved to the motion to which the lost amendment was moved, and so on, but no more than one (1) motion and one (1) proposed amendment can be before council at any one time.

10.15 While an amendment is being considered, debate must only occur in relation to the amendment and not the original motion. Debate on the original motion is to be suspended while the amendment to the original motion is being debated.

Note: The mover of the Motion has the right to speak to the Motion before any consideration of the Amendment.

10.16 If the amendment is carried, it becomes the motion and is to be debated. If the amendment is lost, debate is to resume on the original motion.

10.17 An amendment may become the motion without debate or a vote where it is accepted by the councillor who moved the original motion.

Foreshadowed Motions

10.18 A councillor may propose a foreshadowed motion in relation to the matter the subject of the original motion before the council, without a seconder during debate on the original motion. The foreshadowed motion is only to be considered if the original motion is lost or withdrawn and the foreshadowed motion is then moved and seconded. If the original motion is carried, the foreshadowed motion lapses.

10.19 Where an amendment has been moved and seconded, a councillor may, without a seconder, foreshadow a further amendment that they propose to move after the first amendment has been dealt with. There is no limit to the number of foreshadowed amendments that may be put before the council at any time. However, no discussion can take place on foreshadowed amendments until the previous amendment has been dealt with and the foreshadowed amendment has been moved and seconded.

10.20 Foreshadowed motions and foreshadowed amendments are to be considered in the order in which they are proposed. However, foreshadowed motions cannot be considered until all foreshadowed amendments have been dealt with.

Limitations on the Number and Duration of Speeches

10.21 A councillor who, during a debate at a meeting of the council, moves an original motion, has the right to speak on each amendment to the motion and a right of general reply to all observations that are made during the debate in relation to the motion, and any amendment to it at the conclusion of the debate before the motion (whether amended or not) is finally put.

10.22 A councillor, other than the mover of an original motion, has the right to speak once on the motion and once on each amendment to it.

10.23 The seconder of a motion or of an amendment may reserve the right to speak later in the debate.

10.24 A councillor must not, without the consent of the council, speak more than once on a motion or an amendment, or for longer than three (3) minutes at any one time [Pol].

10.25 Despite clause 10.24, the chairperson may permit a councillor who claims to have been misrepresented or misunderstood to speak more than once on a motion or an amendment, and for longer than three (3) minutes on that motion or amendment to enable the councillor to make a statement limited to explaining the misrepresentation or misunderstanding [Pol].

10.26 Despite clause 10.24, the council may resolve to shorten the duration of speeches to expedite the consideration of business at a meeting.

10.27 Despite clauses 10.21 and 10.21, a councillor may move that a motion or an amendment be now put:

(a) if the mover of the motion or amendment has spoken in favour of it and no councillor expresses an intention to speak against it, or

(b) if at least two (2) councillors have spoken in favour of the motion or amendment and at least two (2) councillors have spoken against it.

10.28 The chairperson must immediately put to the vote, without debate, a motion moved under clause 10.27. A seconder is not required for such a motion.

10.29 If a motion that the original motion or an amendment be now put is passed, the chairperson must, without further debate, put the original motion or amendment to the vote immediately after the mover of the original motion has exercised their right of reply under clause 10.21.

10.30 If a motion that the original motion or an amendment be now put is lost, the chairperson must allow the debate on the original motion or the amendment to be resumed.

10.31 All councillors must be heard without interruption and all other councillors must, unless otherwise permitted under this code, remain silent while another councillor is speaking.

10.32 Once the debate on a matter has concluded and a matter has been dealt with, the chairperson must not allow further debate on the matter.

11. Voting

Voting Entitlements of Councillors

11.1 Each councillor is entitled to one (1) vote.

Note: Clause 11.1 reflects section 370(1)of the Act.

11.2 The person presiding at a meeting of the council has, in the event of an equality of votes, a second or casting vote.

Note: Clause 11.2 reflects section 370(2) of the Act.

11.3 Where the chairperson declines to exercise, or fails to exercise, their second or casting vote, in the event of an equality of votes, the motion being voted upon is lost.

Voting at Council Meetings

11.5 A councillor who is present at a meeting of the council but who fails to vote on a motion put to the meeting is taken to have voted against the motion

11.6 Voting at a meeting, including voting in an election at a meeting, is to be by open means (such as on the voices, by show of hands or by a visible electronic voting system). However, the council may resolve that the voting in any election by councillors for mayor or deputy mayor is to be by secret ballot.

11.7 All voting at council meetings, (including meetings that are closed to the public), must be recorded in the minutes of meetings with the names of councillors who voted for and against each motion or amendment, (including defeated motions and amendments and the use of the casting vote), being recorded [Pol].

11.8 Where the Mayor is of the opinion that the vote on a motion was carried unanimously he/she declares it to be so and the minutes will record unanimity. Should any Councillor disagree with the Mayor's declaration, the Councillor may raise it and the Mayor shall then put the question again and the Councillor shall vote by show of hands.

11.9 If the result is anything other than unanimous, hands shall be kept up until the minute taker has indicated to the Mayor that the voting has been recorded.

Voting on Planning Decisions

11.10 The general manager must keep a register containing, for each planning decision made at a meeting of the council or a council committee (including, but not limited to a committee of the council), the names of the councillors who supported the decision and the names of any councillors who opposed (or are taken to have opposed) the decision.

11.11 For the purpose of maintaining the register, a division is taken to have been called whenever a motion for a planning decision is put at a meeting of the council or a council committee.

11.12 Each decision recorded in the register is to be described in the register or identified in a manner that enables the description to be obtained from another publicly available document.

11.13 Clauses 11.10–11.12 apply also to meetings that are closed to the public.

Note: Clauses 11.10–11.13 reflect section 375A of the Act.

Note: The requirements of clause 11.10 may be satisfied by maintaining a register of the minutes of each planning decision.

12. Committee of the Whole

12.1 The council may resolve itself into a committee to consider any matter before the council.

Note: Clause 12.1 reflects section 373 of the Act.

12.2 All the provisions of this code relating to meetings of the council, so far as they are applicable, extend to and govern the proceedings of the council when in committee of the whole, except the provisions limiting the number and duration of speeches.

Note: Clauses 10.21–10.32 limit the number and duration of speeches.

12.3 The general manager or, in the absence of the general manager, an employee of the council designated by the general manager, is responsible for reporting to the council the proceedings of the committee of the whole. It is not necessary to report the proceedings in full but any recommendations of the committee must be reported.

12.4 The council must ensure that a report of the proceedings (including any recommendations of the committee) is recorded in the council’s minutes. However, the council is not taken to have adopted the report until a motion for adoption has been made and passed.

13. Dealing with Items by Exception

13.1 The council or a committee of council may, at any time, resolve to adopt multiple items of business on the agenda together by way of a single resolution.

13.2 Before the council or committee resolves to adopt multiple items of business on the agenda together under clause 13.1, the chairperson must list the items of business to be adopted and ask councillors to identify any individual items of business listed by the chairperson that they intend to vote against the recommendation made in the business paper or that they wish to speak on.

13.3 The council or committee must not resolve to adopt any item of business under clause 13.1 that a councillor has identified as being one they intend to vote against the recommendation made in the business paper or to speak on.

13.4 Where the consideration of multiple items of business together under clause 13.1 involves a variation to the order of business for the meeting, the council or committee must resolve to alter the order of business in accordance with clause 8.3.

13.5 A motion to adopt multiple items of business together under clause 13.1 must identify each of the items of business to be adopted and state that they are to be adopted as recommended in the business paper.

13.6 Items of business adopted under clause 13.1 are to be taken to have been adopted unanimously.

13.7 Councillors must ensure that they declare and manage any conflicts of interest they may have in relation to items of business considered together under clause 13.1 in accordance with the requirements of the council’s code of conduct.

14. Closure of Council Meetings to the Public

Grounds on Which Meetings Can be Closed to the Public

14.1 The council or a committee of the council may close to the public so much of its meeting as comprises the discussion or the receipt of any of the following types of matters:

(a) personnel matters concerning particular individuals (other than councillors),

(b) the personal hardship of any resident or ratepayer,

(c) information that would, if disclosed, confer a commercial advantage on a person with whom the council is conducting (or proposes to conduct) business,

(d) commercial information of a confidential nature that would, if disclosed:

(i) prejudice the commercial position of the person who supplied it, or

(ii) confer a commercial advantage on a competitor of the council, or

(iii) reveal a trade secret,

(e) information that would, if disclosed, prejudice the maintenance of law,

(f) matters affecting the security of the council, councillors, council staff or council property,

(g) advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege,

(h) information concerning the nature and location of a place or an item of Aboriginal significance on community land,

(i) alleged contraventions of the council’s code of conduct.

Note: Clause 14.1 reflects section 10A(1) and (2) of the Act.

14.2 The grounds on which a meeting is closed to the public must be specified in the decision to close the meeting and recorded in the minutes of the meeting.

14.3 The council or a committee of the council may also close to the public so much of its meeting as comprises a motion to close another part of the meeting to the public.

Note: Clause 14.3 reflects section 10A(3) of the Act.

Matters to be Considered When Closing Meetings to the Public

14.4 A meeting is not to remain closed during the discussion of anything referred to in clause 14.1:

(a) except for so much of the discussion as is necessary to preserve the relevant confidentiality, privilege or security, and

(b) if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret – unless the council or committee concerned is satisfied that discussion of the matter in an open meeting would, on balance, be contrary to the public interest.

Note: Clause 14.4 reflects section 10B(1) of the Act.

14.5 A meeting is not to be closed during the receipt and consideration of information or advice referred to in clause 14.1(g) unless the advice concerns legal matters that:

(a) are substantial issues relating to a matter in which the council or committee is involved, and

(b) are clearly identified in the advice, and

Note: Clause 14.5 reflects section 10B(2)of the Act.

14.6 If a meeting is closed during the discussion of a motion to close another part of the meeting to the public (as referred to in clause 14.3), the consideration of the motion must not include any consideration of the matter or information to be discussed in that other part of the meeting other than consideration of whether the matter concerned is a matter referred to in clause 14.1.

Note: Clause 14.6 reflects section 10B(3) of the Act.

14.7 For the purpose of determining whether the discussion of a matter in an open meeting would be contrary to the public interest, it is irrelevant that:

(a) a person may misinterpret or misunderstand the discussion, or

(b) the discussion of the matter may:

(i) cause embarrassment to the council or committee concerned, or to councillors or to employees of the council, or

(ii) cause a loss of confidence in the council or committee.

Note: Clause 14.7 reflects section 10B(4) of the Act.

14.8 In deciding whether part of a meeting is to be closed to the public, the council or committee concerned must consider any relevant guidelines issued by the Departmental Chief Executive of the Office of Local Government. [corresponds to 14.7 in new Model Meeting Code]

Note: Clause 14.8 reflects section 10B(5) of the Act.

Notice of Likelihood of Closure Not Required in Urgent Cases

14.9 Part of a meeting of the council, or of a committee of the council, may be closed to the public while the council or committee considers a matter that has not been identified in the agenda for the meeting under clause 3.23 as a matter that is likely to be considered when the meeting is closed, but only if:

(a) it becomes apparent during the discussion of a particular matter that the matter is a matter referred to in clause 14.1, and

(b) the council or committee, after considering any representations made under clause 14.10, resolves that further discussion of the matter:

(i) should not be deferred (because of the urgency of the matter), and

(ii) should take place in a part of the meeting that is closed to the public.

Note: Clause 14.9 reflects section 10C of the Act.

Representations by Members of the Public

14.10 The council, or a committee of the council, may allow members of the public to make representations to or at a meeting, before any part of the meeting is closed to the public, as to whether that part of the meeting should be closed.

Note: Clause 14.10 reflects section 10A(4) of the Act.

14.11 A representation under clause 14.10 is to be made after the motion to close the part of the meeting is moved and seconded.

14.12 Where the matter has been identified in the agenda of the meeting under clause 3.22 as a matter that is likely to be considered when the meeting is closed to the public, in order to make representations under clause 14.10, members of the public must first make an application to the council in the approved form. Applications must be received by 5pm on the date of the meeting at which the matter is to be considered.

14.13 The general manager (or their delegate) may refuse an application made under clause 14.12. The general manager or their delegate must give reasons in writing for a decision to refuse an application.

14.14 There shall be no limit to the number of speakers that may be permitted to make representations under clause 14.10.

14.15 If more than the permitted number of speakers apply to make representations under clause 14.10, the general manager or their delegate may request the speakers to nominate from among themselves the persons who are to make representations to the council. If the speakers are not able to agree on whom to nominate to make representations under clause 14.10, the general manager or their delegate is to determine who will make representations to the council.

14.16 The general manager (or their delegate) is to determine the order of speakers.

14.17 Where the council or a committee of the council proposes to close a meeting or part of a meeting to the public in circumstances where the matter has not been identified in the agenda for the meeting under clause 3.22 as a matter that is likely to be considered when the meeting is closed to the public, the chairperson is to invite representations from the public under clause 14.10 after the motion to close the part of the meeting is moved and seconded. There is no limit to the number of speakers the chairperson may permit to make representations in such order as determined by the chairperson.

14.18 Each speaker will be allowed three (3) minutes to make representations, and this time limit is to be strictly enforced by the chairperson. Speakers must confine their representations to whether the meeting should be closed to the public. If a speaker digresses to irrelevant matters, the chairperson is to direct the speaker not to do so. If a speaker fails to observe a direction from the chairperson, the speaker will not be further heard.

Expulsion of Non-Councillors From Meetings Closed to the Public

14.19 If a meeting or part of a meeting of the council or a committee of the council is closed to the public in accordance with section 10A of the Act and this code, any person who is not a councillor and who fails to leave the meeting when requested, may be expelled from the meeting as provided by section 10(2)(a) or (b) of the Act.

14.20 If any such person, after being notified of a resolution or direction expelling them from the meeting, fails to leave the place where the meeting is being held, a police officer, or any person authorised for the purpose by the council or person presiding, may, by using only such force as is necessary, remove the firstmentioned person from that place and, if necessary restrain that person from reentering that place for the remainder of the meeting.

[new in Model Meeting Code – non-mandatory provision]

Obligations of Councillors Attending Meetings by Audio-Visual Link

[corresponds to 14.20 in new Model Meeting Code – non-mandatory provision]

14.21 Councillors attending a meeting by audio-visual link must ensure that no other person is within sight or hearing of the meeting at any time that the meeting is closed to the public under section 10A of the Act.

Information to be Disclosed in Resolutions Closing Meetings to the Public

14.212 The grounds on which part of a meeting is closed must be stated in the decision to close that part of the meeting and must be recorded in the minutes of the meeting. The grounds must specify the following:

(a) the relevant provision of section 10A(2) of the Act,

(b) the matter that is to be discussed during the closed part of the meeting,

(c) the reasons why the part of the meeting is being closed, including (if the matter concerned is a matter other than a personnel matter concerning particular individuals, the personal hardship of a resident or ratepayer or a trade secret) an explanation of the way in which discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

Note: Clause 14.212 reflects section 10D of the Act.

Resolutions Passed at Closed Meetings to be Made Public

14.223 If the council passes a resolution during a meeting, or a part of a meeting, that is closed to the public, the chairperson must make the resolution public as soon as practicable after the meeting, or the relevant part of the meeting, has ended, and the resolution must be recorded in the publicly available minutes of the meeting.

14.234 Resolutions passed during a meeting, or a part of a meeting, that is closed to the public must be made public by the chairperson under clause 14.223 during a part of the meeting that is webcast.

15. Keeping Order at Meetings

Points of Order

15.1 A councillor may draw the attention of the chairperson to an alleged breach of this code by raising a point of order. A point of order does not require a seconder.

15.2 A point of order cannot be made with respect to adherence to the principles contained in clause 2.1.

15.3 A point of order must be taken immediately it is raised. The chairperson must suspend the business before the meeting and permit the councillor raising the point of order to state the provision of this code they believe has been breached. The chairperson must then rule on the point of order – either by upholding it or by overruling it.

Questions of Order

15.4 The chairperson, without the intervention of any other councillor, may call any councillor to order whenever, in the opinion of the chairperson, it is necessary to do so.

15.5 A councillor who claims that another councillor has committed an act of disorder, or is out of order, may call the attention of the chairperson to the matter.

15.6 The chairperson must rule on a question of order immediately after it is raised but, before doing so, may invite the opinion of the council.

15.7 The chairperson’s ruling must be obeyed unless a motion dissenting from the ruling is passed.

Motions of Dissent

15.8 A councillor can, without notice, move to dissent from a ruling of the chairperson on a point of order or a question of order. If that happens, the chairperson must suspend the business before the meeting until a decision is made on the motion of dissent.

15.9 If a motion of dissent is passed, the chairperson must proceed with the suspended business as though the ruling dissented from had not been given. If, as a result of the ruling, any motion or business has been rejected as out of order, the chairperson must restore the motion or business to the agenda and proceed with it in due course.

15.10 Despite any other provision of this code, only the mover of a motion of dissent and the chairperson can speak to the motion before it is put. The mover of the motion does not have a right of general reply.

Acts of Disorder

15.11 A councillor commits an act of disorder if the councillor, at a meeting of the council or a committee of the council:

(a) contravenes the Act ~~or any~~ the r Regulation ~~in force under the Act~~ or this code, or [in new Model Meeting Code]

(b) assaults or threatens to assault another councillor or person present at the meeting, or

(c) moves or attempts to move a motion or an amendment that has an unlawful purpose or that deals with a matter that is outside the jurisdiction of the council or the committee, or addresses or attempts to address the council or the committee on such a motion, amendment or matter, or

(d) insults or makes ~~personal reflections~~ unfavourable personal remarks about, on or makes personal reflections on or imputes improper motives to any other council official, or alleges a breach of the council’s code of conduct, or [in new Model Meeting Code]

(e) says or does anything that is inconsistent with maintaining order at the meeting or is likely to bring the council or the committee into disrepute.

Note: Clause 15.11 reflects section 182 of the Regulation. [in new Model Meeting Code]

15.12 The chairperson may require a councillor:

(a) to apologise without reservation for an act of disorder referred to in clauses 15.11(a), or (b), or (e), or [in new Model Meeting Code]

(b) to withdraw a motion or an amendment referred to in clause 15.11(c) and, where appropriate, to apologise without reservation, or

(c) to retract and apologise without reservation for any statement that constitutes an act of disorder referred to in clauses 15.11(d) and (e). [in new Model Meeting Code]

Note: Clause 15.12 reflects section 233 of the Regulation. [in new Model Meeting Code]

How Disorder at a Meeting May be Dealt With

15.13 If disorder occurs at a meeting of the council, the chairperson may adjourn the meeting for a period of not more than fifteen (15) minutes and leave the chair. The council, on reassembling, must, on a question put from the chairperson, decide without debate whether the business is to be proceeded with or not. This clause applies to disorder arising from the conduct of members of the public as well as disorder arising from the conduct of councillors.

Expulsion from Meetings

15.14 All chairpersons of meetings of the council and committees of the council are authorised under this code to expel any person other than a councillor, from a council or committee meeting, for the purposes of section 10(2)(b) of the Act. Councillors may only be expelled by resolution of the council or the committee of the council.

15.15 Clause 15.14, does not limit the ability of the council or a committee of the council to resolve to expel a person, including a councillor, from a council or committee meeting, under section 10(2) (a) of the Act.

15.16 A councillor may, as provided by section 10(2)(a) or (b) of the Act, be expelled from a meeting of the council for having failed to comply with a requirement under clause 15.12. The expulsion of a councillor from the meeting for that reason does not prevent any other action from being taken against the councillor for the act of disorder concerned.

15.17 A member of the public may, as provided by section 10(2)(a) or (b) of the Act, be expelled from a meeting of the council for engaging in or having engaged in disorderly conduct at the meeting.

15.18 Where a councillor or a member of the public is expelled from a meeting, the expulsion and the name of the person expelled, if known, are to be recorded in the minutes of the meeting.

15.19 If a councillor or a member of the public fails to leave the place where a meeting of the council is being held immediately after they have been expelled, a police officer, or any person authorised for the purpose by the council or person presiding, may, by using only such force as is necessary, remove the councillor or member of the public from that place and, if necessary, restrain the councillor or member of the public from re-entering that place for the remainder of the meeting.

[new in Model Meeting Code – non-mandatory provisions]

How Disorder by Councillors Attending Meetings by Audio-Visual Link may be Dealt With

[corresponds to 15.21 in new Model Meeting Code – non-mandatory provision]

15.20 Where a councillor is attending a meeting by audio-visual link, the chairperson or a person authorised by the chairperson may mute the councillor’s audio link to the meeting for the purposes of enforcing compliance with this code.

[corresponds to 15.22 in new Model Meeting Code – non-mandatory provision]

15.21 If a councillor attending a meeting by audio-visual link is expelled from a meeting for an act of disorder, the chairperson of the meeting or a person authorised by the chairperson, may terminate the councillor’s audio-visual link to the meeting.

Use of Mobile Phones and the Unauthorised Recording of Meetings

15.202 Councillors, council staff and members of the public must ensure that mobile phones are turned to silent during meetings of the council and committees of the council.

15.213 A person must not live stream or use an audio recorder, video camera, mobile phone or any other device to make a recording of the proceedings of a meeting of the council or a committee of the council without the prior authorisation of the council or the committee.

15.224 Without limiting clause 15.17, a contravention of clause 15.23 or an attempt to contravene that clause, constitutes disorderly conduct for the purposes of clause 15.17. Any person who contravenes or attempts to contravene clause 15.213, may be expelled from the meeting as provided for under section 10(2) of the Act. [corresponds to 15.25 in new Model Meeting Code]

15.235 If any such person, after being notified of a resolution or direction expelling them from the meeting, fails to leave the place where the meeting is being held, a police officer, or any person authorised for the purpose by the council or person presiding, may, by using only such force as is necessary, remove the first-mentioned person from that place and, if necessary, restrain that person from re-entering that place for the remainder of the meeting.

16. Conflicts of Interest

16.1 All councillors and, where applicable, all other persons, must declare and manage any conflicts of interest they may have in matters being considered at meetings of the council and committees of the council in accordance with the council’s code of conduct. All declarations of conflicts of interest and how the conflict of interest was managed by the person who made the declaration must be recorded in the minutes of the meeting at which the declaration was made.

[New in Model Meeting Code – non-mandatory provision]

16.2 Councillors attending a meeting by audio-visual link must declare and manage any conflicts of interest they may have in matters being considered at the meeting in accordance with the council’s code of conduct. Where a councillor has declared a pecuniary or significant non-pecuniary conflict of interest in a matter being discussed at the meeting, the councillor’s audio-visual link to the meeting must be suspended or terminated and the councillor must not be in sight or hearing of the meeting at any time during which the matter is being considered or discussed by the council or committee, or at any time during which the council or committee is voting on the matter.

17. Decision of the Council

Council Decisions

17.1 A decision supported by a majority of the votes at a meeting of the council at which a quorum is present is a decision of the council.

Note: Clause 17.1 reflects section 371 of the Act.

17.2 Decisions made by the council must be accurately recorded in the minutes of the meeting at which the decision is made.

Rescinding or Altering Council Decisions

17.3 A resolution passed by the council may not be altered or rescinded except by a motion to that effect of which notice has been given under clause 3.10.

Note: Clause 17.3 reflects section 372(1) of the Act.

17.4 If a notice of motion to rescind a resolution is given at the meeting at which the resolution is carried, the resolution must not be carried into effect until the motion of rescission has been dealt with.

Note: Clause 17.4 reflects section 372(2) of the Act.

17.5 If a motion has been lost, a motion having the same effect must not be considered unless notice of it has been duly given in accordance with clause 3.10.

Note: Clause 17.5 reflects section 372(3) of the Act.

17.6 A notice of motion to alter or rescind a resolution, and a notice of motion which has the same effect as a motion which has been lost, must be signed by three (3) councillors if less than three (3) months has elapsed since the resolution was passed, or the motion was lost.

Note: Clause 17.6 reflects section 372(4) of the Act.

17.7 If a motion to alter or rescind a resolution has been lost, or if a motion which has the same effect as a previously lost motion is lost, no similar motion may be brought forward within three (3) months of the meeting at which it was lost. This clause may not be evaded by substituting a motion differently worded, but in principle the same.

Note: Clause 17.7 reflects section 372(5) of the Act.

17.8 The provisions of clauses 17.5–17.7 concerning lost motions do not apply to motions of adjournment.

Note: Clause 17.8 reflects section 372(7) of the Act.

17.9 Discussion shall not be permitted upon any motion for adjournment of the Council. If upon the question being put on any such motion the same is negatived, the subject then under consideration, or next on the business paper, shall be discussed; and it shall not be competent for any member again to move a motion for adjournment of the Council until half an hour again has elapsed from the time of moving the one that has been negatived.

17.10 A notice of motion submitted in accordance with clause 17.6 may only be withdrawn under clause 3.12 with the consent of all signatories to the notice of motion.

17.11 A motion to alter or rescind a resolution of the council may be moved on the report of a committee of the council and any such report must be recorded in the minutes of the meeting of the council.

Note: Clause 17.11 reflects section 372(6) of the Act.

17.12 Subject to clause 17.7, in cases of urgency, a motion to alter or rescind a resolution of the council may be moved at the same meeting at which the resolution was adopted, where:

(a) a notice of motion signed by three (3) councillors is submitted to the chairperson, and

(b) a motion to have the motion considered at the meeting is passed, and

(c) the chairperson rules the business that is the subject of the motion is of great urgency on the grounds that it requires a decision by the council before the next scheduled ordinary meeting of the council.

17.13 A motion moved under clause 17.12(b) can be moved without notice. Despite clauses 10.21–10.32, only the mover of a motion referred to in clause 17.12(b) can speak to the motion before it is put.

17.14 A motion of dissent cannot be moved against a ruling by the chairperson under clause 17.12(c).

Recommitting Resolutions to Correct an Error

17.15 Despite the provisions of this Part, a councillor may, with the leave of the chairperson, move to recommit a resolution adopted at the same meeting:

(a) to correct any error, ambiguity or imprecision in the council’s resolution, or

(b) to confirm the voting on the resolution.

17.16 In seeking the leave of the chairperson to move to recommit a resolution for the purposes of clause 17.15(a), the councillor is to propose alternative wording for the resolution.

17.17 The chairperson must not grant leave to recommit a resolution for the purposes of clause 17.15(a), unless they are satisfied that the proposed alternative wording of the resolution would not alter the substance of the resolution previously adopted at the meeting.

17.18 A motion moved under clause 17.15 can be moved without notice. Despite clauses 10.21–10.32, only the mover of a motion referred to in clause 17.15 can speak to the motion before it is put.

17.19 A motion of dissent cannot be moved against a ruling by the chairperson under clause 17.15.

17.20 A motion moved under clause 17.15 with the leave of the chairperson cannot be voted on unless or until it has been seconded.

18. Time Limits on Council Meetings

18.1 Meetings of the council and committees of the council are to conclude no later than 12 midnight unless upon a motion to which there is no dissent [Pol].

18.2 If the business of the meeting is unfinished at 11:00pm, the council or the committee may, by resolution, extend the time of the meeting.

18.3 A motion to extend the time of any meeting beyond the time of 11:00pm shall be effective unless there is dissent from at least three (3) Councillors.

18.4 If the business of the meeting is unfinished at 11:00pm, and the council does not resolve to extend the meeting, the chairperson must either:

(a) defer consideration of the remaining items of business on the agenda to the next ordinary meeting of the council, or

(b) adjourn the meeting to a time, date and place fixed by the chairperson.

18.5 Clause 18.4 does not limit the ability of the council or a committee of the council to resolve to adjourn a meeting at any time. The resolution adjourning the meeting must fix the time, date and place that the meeting is to be adjourned to.

18.6 Where a meeting is adjourned under clause 18.4 or 18.5, the general manager must:

(a) individually notify each councillor of the time, date and place at which the meeting will reconvene, and

(b) publish the time, date and place at which the meeting will reconvene on the council’s website and in such other manner that the general manager is satisfied is likely to bring notice of the time, date and place of the reconvened meeting to the attention of as many people as possible.

19. After the Meeting

Minutes of Meetings

19.1 The council is to keep full and accurate minutes of the proceedings of meetings of the council.

Note: Clause 19.1 reflects section 375(1) of the Act.

19.2 At a minimum, the general manager must ensure that the following matters are recorded in the council’s minutes:

[new in Model Meeting Code – non-mandatory provision]

(a) the names of councillors attending a council meeting and whether they attended the meeting in person or by audio-visual link, [non-mandatory provision]

(ab) details of each motion moved at a council meeting and of any amendments moved to it,

(bc) the names of the mover and seconder of the motion or amendment,

(cd) whether the motion or amendment was passed or lost,

(de) such other matters specifically required under this code, and

(ef) the council officers who were present at the meeting

19.3 The minutes of a council meeting must be confirmed at a subsequent meeting of the council.

Note: Clause 19.3 reflects section 375(2) of the Act.

19.4 Any debate on the confirmation of the minutes is to be confined to whether the minutes are a full and accurate record of the meeting they relate to.

19.5 When the minutes have been confirmed, they are to be signed by the person presiding at the subsequent meeting.

Note: Clause 19.5 reflects section 375(2) of the Act.

19.6 The confirmed minutes of a meeting may be amended to correct typographical or administrative errors after they have been confirmed. Any amendment made under this clause must not alter the substance of any decision made at the meeting.

19.7 The confirmed minutes of a council meeting must be published on the council’s website. This clause does not prevent the council from also publishing unconfirmed minutes of its meetings on its website prior to their confirmation.

Access to Correspondence and Reports Laid on the Table at, or Submitted to, a Meeting

19.8 The council and committees of the council must, during or at the close of a meeting, or during the business day following the meeting, give reasonable access to any person to inspect correspondence and reports laid on the table at, or submitted to, the meeting.

Note: Clause 19.8 reflects section 11(1) of the Act.

19.9 Clause 19.8 does not apply if the correspondence or reports relate to a matter that was received or discussed or laid on the table at, or submitted to, the meeting when the meeting was closed to the public.

Note: Clause 19.9 reflects section 11(2) of the Act.

19.10 Clause 19.8 does not apply if the council or the committee resolves at the meeting, when open to the public, that the correspondence or reports are to be treated as confidential because they relate to a matter specified in section 10A(2) of the Act.

Note: Clause 19.10 reflects section 11(3) of the Act.

19.11 Correspondence or reports to which clauses 19.9 and 19.10 apply are to be marked with the relevant provision of section 10A(2) of the Act that applies to the correspondence or report.

Implementation of Decisions of the Council

19.12 The general manager is to implement, without undue delay, lawful decisions of the council.

Note: Clause 19.12 reflects section 335(b) of the Act.

20. Council Committee

Application of This Part

20.1 This Part only applies to committees of the council whose members are all councillors.

Council Committees Whose Members are All Councillors

20.2 The council may, by resolution, establish such committees as it considers necessary.

20.3 A committee of the council is to consist of the mayor and such other councillors as are elected by the councillors or appointed by the council.

20.4 The quorum for a meeting of a committee of the council is to be:

(a) such number of members as the council decides, or

(b) if the council has not decided a number – a majority of the members of the committee.

Functions of Committees

20.5 The council must specify the functions of each of its committees when the committee is established, but may from time to time amend those functions.

Notice of Committee Meetings

20.6 The general manager must send to each councillor, regardless of whether they are a committee member, at least three (3) days before each meeting of the committee, a notice specifying:

(a) the time, date and place of the meeting, and

(b) the business proposed to be considered at the meeting.

20.7 Notice of less than three (3) days may be given of a committee meeting called in an emergency.

Attendance at Committee Meetings

20.8 A committee member (other than the mayor) ceases to be a member of a committee if the committee member:

(a) has been absent from three (3) consecutive meetings of the committee without having given reasons acceptable to the committee for the member’s absences, or

(b) has been absent from at least half of the meetings of the committee held during the immediately preceding year without having given to the committee acceptable reasons for the member’s absences.

20.9 Clause 20.8 does not apply if all of the members of the council are members of the committee.

Non-Members Entitled to Attend Committee Meetings

20.10 A councillor who is not a member of a committee of the council is entitled to attend, and to speak at a meeting of the committee. However, the councillor is not entitled:

(a) to give notice of business for inclusion in the agenda for the meeting, or

(b) to move or second a motion at the meeting, or

Chairperson and Deputy Chairperson of Council Committees

20.11 The chairperson of each committee of the council must be:

(a) the mayor, or

(b) if the mayor does not wish to be the chairperson of a committee, a member of the committee elected by the council, or

20.12 The council may elect a member of a committee of the council as deputy chairperson of the committee. If the council does not elect a deputy chairperson of such a committee, the committee may elect a deputy chairperson.

20.13 If neither the chairperson nor the deputy chairperson of a committee of the council is able or willing to preside at a meeting of the committee, the committee must elect a member of the committee to be acting chairperson of the committee.

20.14 The chairperson is to preside at a meeting of a committee of the council. If the chairperson is unable or unwilling to preside, the deputy chairperson (if any) is to preside at the meeting, but if neither the chairperson nor the deputy chairperson is able or willing to preside, the acting chairperson is to preside at the meeting.

Procedure in Committee Meetings

20.15 Subject to any specific requirements of this code, each committee of the council may regulate its own procedure. The provisions of this code are to be taken to apply to all committees of the council unless the council or the committee determines otherwise in accordance with this clause.

20.16 Whenever the voting on a motion put to a meeting of the committee is equal, the chairperson of the committee is to have a casting vote as well as an original vote unless the council or the committee determines otherwise in accordance with clause 20.15.

20.17 Voting at a council committee meeting is to be by open means (such as on the voices, by show of hands or by a visible electronic voting system).

Closure of Committee Meetings to the Public

20.19 The provisions of the Act and Part 14 of this code apply to the closure of meetings of committees of the council to the public in the same way they apply to the closure of meetings of the council to the public.

20.20 If a committee of the council passes a resolution, or makes a recommendation, during a meeting, or a part of a meeting that is closed to the public, the chairperson must make the resolution or recommendation public as soon as practicable after the meeting or part of the meeting has ended, and report the resolution or recommendation to the next meeting of the council. The resolution or recommendation must also be recorded in the publicly available minutes of the meeting.

20.21 Resolutions passed during a meeting, or a part of a meeting that is closed to the public must be made public by the chairperson under clause 20.20 during a part of the meeting that is webcast.

Disorder in Committee Meetings

20.22 The provisions of the Act and this code relating to the maintenance of order in council meetings apply to meetings of committees of the council in the same way as they apply to meetings of the council.

Minutes of Council Committee Meetings

20.23 Each committee of the council is to keep full and accurate minutes of the proceedings of its meetings. At a minimum, a committee must ensure that the following matters are recorded in the committee’s minutes:

[new in Model Meeting Code – non-mandatory provision]

(a) the names of councillors attending a meeting and whether they attended the meeting in person or by audio-visual link, [non-mandatory provision]

(ab) details of each motion moved at a meeting and of any amendments moved to it,

(bc) the names of the mover and seconder of the motion or amendment,

(cd) whether the motion or amendment was passed or lost, and

(de) such other matters specifically required under this code.

20.24 All voting at meetings of committees of the council (including meetings that are closed to the public), must be recorded in the minutes of meetings with the names of councillors who voted for and against each motion or amendment, (including the use of the casting vote), being recorded.

20.25 The minutes of meetings of each committee of the council must be confirmed at a subsequent meeting of the committee.

20.26 Any debate on the confirmation of the minutes is to be confined to whether the minutes are a full and accurate record of the meeting they relate to.

20.27 When the minutes have been confirmed, they are to be signed by the person presiding at that subsequent meeting.

20.28 The confirmed minutes of a meeting may be amended to correct typographical or administrative errors after they have been confirmed. Any amendment made under this clause must not alter the substance of any decision made at the meeting.

20.29 The confirmed minutes of a meeting of a committee of the council must be published on the council’s website. This clause does not prevent the council from also publishing unconfirmed minutes of meetings of committees of the council on its website prior to their confirmation.

21. Irregularities

21.1 Proceedings at a meeting of a council or a council committee are not invalidated because of:

(a) a vacancy in a civic office, or

(b) a failure to give notice of the meeting to any councillor or committee member, or

(d) a failure of a councillor or a committee member to declare a conflict of interest, or to refrain from the consideration or discussion of, or vote on, the relevant matter, at a council or committee meeting in accordance with the council’s code of conduct, or

(e) a failure to comply with this code.

Note: Clause 21.1 reflects section 374 of the Act.

22. Definitions

the Act means the Local Government Act 1993

act of disorder means an act of disorder as defined in clause 15.11 of this code

amendment In relation to an original motion, means a motion moving an amendment to that motion

audio recorder any device capable of recording speech

audio visual link means a facility that enables audio and visual communication between persons at different places [new in Model Meeting Code]

business day means any day except Saturday or Sunday or any other day the whole or part of which is observed as a public holiday throughout New South Wales

Chairperson in relation to a meeting of the council – means the person presiding at the meeting as provided by section 369 of the Act and clauses 6.1 and 6.2 of this code, and in relation to a meeting of a committee – means the person presiding at the meeting as provided by clause 20.11 of this code

clause means a clause in this Code of Meeting Practice

this code means the council’s adopted code of meeting practice

committee of the council means a committee established by the council in accordance with clause 20.2 of this code (being a committee consisting only of councillors) or the council when it has resolved itself into committee of the whole under clause 12.1

council official has the same meaning it has in the Model Code of Conduct for Local Councils in NSW day means calendar day

division means a request by two councillors under clause 11.7 of this code requiring the recording of the names of the councillors who voted both for and against a motion

foreshadowed amendment means a proposed amendment foreshadowed by a councillor under clause 10.19 of this code during debate on the first amendment

foreshadowed motion means a motion foreshadowed by a councillor under clause 10.18 of this code during debate on an original motion

open voting means voting on the voices or by a show of hands or by a visible electronic voting system or similar means

planning decision means a decision made in the exercise of a function of a council under the Environmental Planning and Assessment Act 1979 including any decision relating to a development application, an environmental planning instrument, a development control plan or a development contribution plan under that Act, but not including the making of an order under Division 9.3 of Part 9 of that Act

a policy or [Pol] means a policy adopted by Lane Cove Council.

performance improvement order means an order issued under section 438A of the Act

quorum means the minimum number of councillors or committee members necessary to conduct a meeting

the Regulation means the Local Government (General) Regulation ~~2005~~ 2021 [new in Model Meeting Code]

webcast a video or audio broadcast of a meeting transmitted across the internet either concurrently with the meeting or at a later time

year means the period beginning 1 July and ending the following 30 June

[1] Waverley Council. (2021). Future proofing residential development for climate change. Retrieved from https://www.waverley.nsw.gov.au/__data/assets/pdf_file/0011/2432/FPRCC_Stage_1_Report.pdf

AT‑1 View	IPART Submission - Review of the Essential Works List Nexus Efficiency and Standardised Benchmark Costs	4 Pages
AT‑2 View	Council Submission to DPIE - Infrastructure Contributions Reform - December 2021	5 Pages

AT‑1 View	Agenda - Traffic Committee - January 2022 - Final	25 Pages
AT‑2 View	Minutes - Traffic Committee - January 2022	39 Pages

*Item*	*Weeks (min)*	*Weeks (max)*	*comments*
Develop Request for Quote (RFQ) with Scope of works for procuring Landscape Architect	1	1	Complete – 7 professional firms with sportsfield experience
Market response to RFQ	2	2
Review quotes and recommend preferred consultant	1	2	May be part of a multi-discipline firm
HOLDPOINT - Council meeting	Monday 21 March		Councillors to endorse preferred consultant
Engage successful Landscape Architect. Council provide with all relevant details - on boarding	2	3
Prepare and convene working group for development of draft revised Master Plan BCO - appoint Mayor as chair of working group	2	4
Workshop 1 (wants and needs) - working group to develop Master Plan that includes natural turf sportsfield	1	1
Landscape Architect drafts Masterplan	4	6
Workshop 2 - present proposal for feedback	1	1
Landscape Architect refines masterplan and related drawings	2	4
Landscape Architect presents revised Master Plan at Councillor workshop	1	1
HOLDPOINT - Council meeting			Councillors to endorse all aspects of Master Plan for consultation
Community consultation of Masterplan	6	8
Detailed design incorporating any changes from consultation	3	5
Final revision presented to Councillor workshop
HOLDPOINT - Council meeting			Councillors to endorse all aspects of Master Plan for tender development
Procure of Landscape Architect for design specification and tender documentation	3	4	Undertaken concurrently
Obtain a minimum of 3 quotes (including AgEnviro) to design the specifications for the natural turf and to supervise the works related to the installation of natural turf to be incorporated into for tender documentation	3	4	Undertaken concurrently
Review quotes and recommend preferred consultants	1	2
HOLDPOINT - Council meeting			Councillors to endorse preferred consultants
Engage successful Landscape Architect and turf consultant for tender documentation	1	2
Tender document finalised including design and specification documentation	8	10
Review of Environmental Factors (REF) and Part 5	4	7	May include use of existing REF
Tender process	4	5
Review tenders	2	3
Tender presented at Councillor’s workshop
HOLDPOINT - Council meeting			Councillors to endorse tenderer
Preferred tenderer recommended to Council for endorsement
	49	71

Current Proponent-initiated Rezoning Process	Proposed changes to Proponent-initiated Process	Comment
Pre-lodgement meetings (optional – although Lane Cove engages its Local Planning Panel for advice)	Pre-lodgement meetings (mandatory) Consult local planning panel only if a conflict of interest is unavoidable.	Support the mandatory pre-lodgement meeting - reduces time wasted later chasing information/reports. Oppose the bypassing of current expert advice from Council’s Local Planning Panels. Note that draft Design & Place SEPP mandates a pre-lodgement Design Review Panel assessment for RFBs and similar. This is also mandated by 9.1 Ministerial Direction behind the Design & Place SEPP(“design considerations early in the planning process”).
Agencies not advised	Agencies identified, and comments canvassed	Support early agency request - reduces time wasted later chasing information/reports. No further detail is provided.
Submission requirements brief, excluding some information	Full standard submission requirements issued by Council, including studies, possible community concerns, strategic merit, timeframes, whom to consult, plus suggested (non-radical) changes. So, by lodgement the Proposal is “job-ready”.	Council (not DPE Gateway) needs assistance to set clear matters for consideration (including studies and exhibition timeframe). Effectively, Council must seek DPE advice.
‘Clock’ starts when Council accepts lodgement and assesses whether proposal has strategic/place-based merit, and so if it should proceed to DPE Gateway. If not, then an early “No”. Which means either “Never” or “make these non-radical changes” (recommended by LPP).	Council has no formal assessment role at this stage (can make comment). ‘Clock’ does not start till post-consultation stage.	Oppose, as proponent may be actively exhibiting a strategically-flawed proposal, wasting their and community’s time.
DPE has recently introduced 4 categories of complexity, with proposed timeframes for delivery of each (Basic, Standard, Complex, Principal).	Placed by Council in one of 4 categories of complexity, with a shortened time-frame (see Notes below, and AT-1 & AT-2 for details)	Problematic, with potential to impose unrealistic timeframes where local conditions may complicate.
If not supported – proponent seeks independent Rezoning Review from district planning panel.	Independent review not necessary at this early stage.	Support the suggested opportunity under current system for planning panels to offer advice, rather than simply refuse or support. This is the advisory model adopted by Lane Cove Council’s Design Review and Design Excellence panels.

Current Proponent-initiated Rezoning Process	Proposed changes to Proponent-initiated Process	Comment
Council’s Local Planning Panel advises on * strategic/site-specific merit	Council affirms/does not affirm that required information/studies have been undertaken. Also exhibition details (unclear)	Oppose bypassing of current expert advice from Council’s Local Planning Panels.
If supported, Council submits proposal with supporting material to Planning Portal. DPE conditions required studies / information to be provided (Gateway).	Applicant submits proposal, regardless of merit, with supporting material to Planning Portal.	Oppose as proponent may be actively exhibiting a strategically-flawed proposal, wasting their and community time. See “Strategic merit” (Note below).
DPE assesses merit of proposal. If not supported, process ends	DPE gives Council direction about agency etc referral + standard information requirements. Standard (shorter) timeframes apply.
Gateway “ensures there is sufficient justification for a planning proposal to Progress.” Gateway sets initial conditions, timeframes & who to consult.		Undervalues DPE’s strategic oversite expertise in ensuring “sufficient justification” for Proposal to proceed. DPE only assesses proposals prepared by councils and public authorities (& Category 3&4).

AT‑1 View	Detailed Summary of Rezoning Reforms	8 Pages
AT‑2 View	A new approach to rezonings - Discussion paper	44 Pages
AT‑3 View	Guidelines for Plan-Making	81 Pages	Available Electronically
AT‑4 View	FAQs - Rezoning Reforms	4 Pages

	Original Budget (000’s)	1st Quarter Adjustments (000’s)	2nd Quarter Adjustments (000’s)	Revised Budget (000’s)
Expenditure - Operating	$53,045	$785	$294	$54,124
Income - Operating	$53,185	$74	($78)	$53,181
Surplus/(Deficit) before Capital Grants & Contributions	$140	($711)	($372)	($943)
Income - Capital	$5,798	$1,138	$0	$6,936
Surplus/ (Deficit)	$5,938	$427	($372)	$5,993

Information required	Answer

1. Person for whom the work was carried out	Elizabeth Bay Nominees Pty Limited
2. The Nature of the Work	Creation of a public artwork by artist Katherine Gailer including artwork conception and delivery. Final artwork is 18.5m in length and 5m in height. The wall was cleaned and primed prior to artwork application and sealed with a sacrificial graffiti proof coating. All necessary safety requirements were adhered to for delivery including the contracting of traffic control for the development of a Traffic Control Plan and traffic controllers during periods of artwork application.
3. The type and quantity of materials used	Wall preparation – Dulux Colourbond paint in Shale Grey Artwork – Dulux Weathershield and Taubmans Sunproof Exterior paints, various colours
4. The charge made for those materials	Wall preparation - $5,950 Artists Fees - $21,800 Graffiti proofing - $1043 Decal Printing - $130
5. The total number of hours taken by each person who carried out the work	Hours spent on site at Commonwealth Bank Wall preparation Supervisor – 8 hours Wall preparation Painter 1 – 10 hours Wall preparation Painter 2 – 10 hours Wall preparation Painter 3 - 8 hours Artist – 55 hours Artist Assistant 1 – 55 hours Graffiti proofer – 5.5 hours
6. The total amount charged for carrying out the work (including the charge made for the materials.	No charge was levied on the property owner for the public artwork. Council assisted in the organisation of repair works to the wall surface, which the property owner paid in accordance with contractual requirements.
7. The reason for carrying out the work	The work was carried out as part of a Village Public Art program to enhance the look of the Village and in particular the area adjacent to The Canopy

AT‑1 View	Lane Cove Village Art Project - before the works	1 Page
AT‑2 View	Newsagency being primed before painting	1 Page
AT‑3 View	Newsagency with work by artist Kim Siew	1 Page

Disclosure type	Disclosure period	Disclosure lodgement period	Disclosure due
1^st half-yearly political donations disclosure	1 July 2021 to 31 December 2021	1 January 2022 to 25 February 2022	25 February 2022
2^nd half-yearly political donations disclosure	1 January 2022 to 30 June 2022	1 July 2022 to 28 July 2022	28 July 2022
Annual electoral expenditure disclosure	1 July 2021 to 30 June 2022	1 July 2022 to 22 September 2022	22 September 2022