Mad Hatters Which hat are you required to wear today? 6 April 2017 Presented by Tracy Riddle

Council Decision Making (Corporate Entity) Elected Council (Governing Body) Committees Officers Subsidiaries Delegation or Advisory

Role of a Committee to assist Council to perform its functions to enquire into and report to the Elected Body to advise and make recommendations to the Council to make its decisions in the same open and accountable way as the Elected Body

Section 41 - LG Act Terms of Reference not independent of Council – works on behalf of and for Council membership at Council discretion council may appoint presiding member civil liability protection can perform a regulatory activity, but must report to Council quarterly

Role of a subsidiary to provide specified service or services manage or administer property, facilities or activities on behalf of the council To perform a function of the council subject to approval of the Minister two or more councils can established a regional subsidiary cannot be established to perform a regulatory activity

Schedule 2 – LG Act Charter corporate status reporting obligations proceedings delegated powers liabilities incurred guaranteed by council/councils civil liability protection

Meeting Procedures Look to Terms of Reference and Charter where do the requirements come from? Local Government Act 1999 Local Government (Procedures at Meetings) Regulations 2013 as determined by the Council not applicable at workshops – not a decision-making forum

General Duties of Committee and Board Members to act/operate within the Terms of Reference or Charter section 62 LG Act act honestly with reasonable care and diligence not make improper use of position or, information acquired to advantage self, a third party or cause damage to the council(s) not disclose confidential information Board members also have the provisions of the Corporations Act 2001 to comply with Fiduciary duties

Conflict of Interest Balancing public & private interests Private Official Balancing public & private interests

Conflict of Interest New categories created under the LG Act in March 2016 material conflict of interest actual conflict of interest perceived conflict of interest actual and perceived conflict of interest are dealt with together apply to Committee members and to Board members of subsidiaries

Material conflict of interest A member of the Council, a Committee or Subsidiary will have a material conflict of interest in a matter to be discussed at a meeting if a ‘prescribed person’ would: gain a benefit or suffer a loss, whether directly or indirectly; and whether of a personal or pecuniary nature; depending on the outcome of the consideration of the matter at the meeting Prescribed person relevantly includes: the member a body corporate the employer or an employee of the member

Actual or Perceived Conflict of Interest A conflict of interest is a conflict between: a member of a council’s interests (whether direct or indirect personal or pecuniary); and the public interest that might lead to a decision that is contrary to the public interest

Actual or Perceived conflict on Interest an actual conflict of interest is defined as a conflict of interest a perceived conflict of interest is defined as what could be taken from the perspective of an impartial, fair-minded person, to amount to a conflict of interest

“Ordinary business” defined at regulation 8AAA and 8AAB of the Local Government (General) Regulations 2013 November 2016 amendments were made to inserted a new regulation 8AAB, special provision relating to subsidiaries and committees

Ordinary business – 8AAB The following is now prescribed as “ordinary business” for subsidiaries and regional subsidiaries a matter to be discussed, or in relation to which a recommendation or decision is to be made, at a meeting of a subsidiary (or regional subsidiary) if the discussion, recommendation or decision relates to the purpose for which it is established; and the relevant interest is the interest of the council which appointed, or nominated for appointment, a member of the board; and for regional subsidiaries, the relevant benefit or loss would be enjoyed or suffered in common with all or a substantial proportion of the constituent councils of the subsidiary;

Ordinary business – 8AAB The following is now prescribed as “ordinary business” for committees a matter to be discussed, or in relation to which a recommendation is to be made, at a meeting of a committee of a council established under section 41 if the discussion or recommendation relates to the purpose for which the committee is established; and the relevant interest is the interest of the council that established the committee

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