KOGARAH CITY COUNCIL Annual Report 2011-2012 · 2016-08-22 · KOGARAH CITY COUNCIL 2011 - 2012 ANNUAL REPORT 32 COUNCILLOR MEETING ATTENDANCE Total number of Council Meetings held

2011

- 2

012

AN

NU

AL

REP

OR

T

KOGARAH CITY COUNCIL 31

KOGARAH

CIT

Y C

OU

NC

IL

2011

- 2

012

AN

NU

AL

REP

OR

T

KOGARAH CITY COUNCIL


SECTION 2: Reporting

Annual Report2011-2012

31


2011

- 2

012

AN

NU

AL

REP

OR

T

32

COUNCILLOR MEETING ATTENDANCE

Total number of Council Meetings held in 2011-12 was twelve (12). This comprised of eleven (11) Regular Council Meetings and one (1) Extraordinary Council Meeting held on 7 November 2011.

In April 2007 Council resolved “That Council record in the annual report the attendance of Councillors at ordinary and extraordinary meetings of Council.” (Minute No.110/2007)

For the 2011–2012 reporting year, attendances of Councillors is as follows:

COUNCILLORS 11 REGULAR COUNCIL 1 EXTRAORDINARY

MEETING MEETING

Cr Stephen Agius 11 1

Cr Mark Coure 7 0

Cr Sam Elmir 9 1

Cr Miray Hindi 10 1

Cr Nick Katris 11 1

Cr Kathryn Landsberry 10 1

Cr Lachlan McLean 11 1

Cr Jacinta Petroni 10 1

Cr Michael Platt 10 1

Cr Col Ritchie 2* 0

Cr Annie Tang 7 1

Cr Nickolas Varvaris 11 1

* NOTE: Councillor Col Ritchie was absent due to illness from October 2011 and passed away in January 2012.

2011

- 2

012

AN

NU

AL

REP

OR

T


In July 2011 the Mayor, General Manager and Director Governance and Corporate Services travelled to China and visited various cities as part of Council’s Friendship City Program.

OVERSEAS VISITS


2011

- 2

012

AN

NU

AL

REP

OR

T

34

The Policy for Payment of Expenses and Provision of Facilities to the Mayor and Councillors was adopted by Council on 28 November 2011 (Min No 189/2011). A copy of the policy is available on Council’s website.

This policy shall ensure that Councillors are reimbursed for expenses reasonably incurred in the performance of their role as Councillor. Only those entitlements specifically described in this policy shall be provided by the Council.

In accordance with the legislative requirements and Council’s policy as mentioned above, the total amount of money expended during the year on Mayoral fees, Councillor fees, the provision of facilities for use by the Mayor and Councillors and the payment of Councillor’s expenses are listed below:

Mayoral allowance $36,045

Councillor fees $191,588

Mayoral car running expenses $23,757

Meals and refreshments - Council meetings, working parties and committee meetings

$12,615

Provision of dedicated office equipment $16,665

Telephone calls/Mobile Data/Internet costs $37,147

Attendance of Councillors at conferences or seminars $26,146

Training of Councillors $6,328

Interstate visits $3,026

Overseas visits $0

Expense of any spouse/partner $0

Childcare $0

Printing, postage and stationary $18,942

Others $9,170

Total: $381,429

PAYMENT OF EXPENSES AND PROVISION OF FACILITIES FOR MAYOR AND COUNCILLORS

2011

- 2

012

AN

NU

AL

REP

OR

T


COMPANY DATE DETAILS COST

Citywide Civil Engineering 6 March 2012 Supply and construction of Drainage Diversion Structures and associated works at Ferry Ave, Beverley Park

$548,628.84 (excl. GST)

Glascott Group Pty Ltd 12 June 2012 Dover Park (East) Embellishment Works, Princes, Hwy, Blakehurst

$346,181.70

CONTRACTS AWARDED OVER $150,000 FROM 1 JULY 2011 TO 30 JUNE 2012


2011

- 2

012

AN

NU

AL

REP

OR

T

36

LEGAL PROCEEDINGS 2010/2011Section 428(2)(e)

ADDRESS TYPE COST RESULT

521 Rocky Point Road, Sans Souci (DA 59/10)

Legal Advice $5,527.50 Legal Advice received and noted by Council

334 Princes Highway, Blakehurst

Legal Advice on Existing Use Rights

$3,023.24 Legal Advice received and noted by Council

72 Hatfield Street, Blakehurst (CDC 29/11)

Injunction to stop Work and Rescind CDC

$15,660.27 Application rescinded, amended application submitted and payment of Council’s Costs of $9,500.

75 Woniora Road, Hurstville

Prosecution in Local Courts

$5,149.60 Defendants pleaded guilty. Court imposed on each defendant (2) a fine of $17,500 + court costs of $79 and Professional Costs of $1,150.00

21 The Boulevarde, Sans Souci (DA 73/08)


$5,259.12 Defendant pleaded guilty. Court imposed fine of $15,000 + court costs of $81 and Professional Costs of $3,500

74 Waitara Parade, Hurstville Grove (DA 17/10)


$14,151.50 Defendant pleaded guilty. Court imposed fine of $10,200 + court costs of $81 and Professional Costs of $8,000

40 Lynwood Street, Blakehurst (CDC 32/11)

Injunction to stop Work and Rescind CDC

$3,224.14 (balance)

Application rescinded, amended application submitted and payment of Council’s Costs of $7,500.

260-262 Railway Parade, Kogarah

7-9 Hampton Court Road, Carlton

Recovery of Costs from previous appeals

$618.70

$1,089.50

On-going. Judgements of Costs entered into Local Courts and application for Bankruptcy to be filed.

801A King Georges Road, South Hurstville

Recovery of Costs from previous Land & Environment Court Matters

$1,346.53

$3,289.46

Judgement of Costs entered at Local Courts for a total amount of $48,163.96, with $8,586.96 repaid this financial period.

25 Taro Road, Blakehurst (DA 222/10)


$17,565.25 Defendant pleaded guilty. Court imposed fine of $20,000 for the 1st offence and $10,000 for the 2nd offence + court costs of $81 and Professional Costs of $8,864

147 Kyle Parade, Kyle Bay (DA 397/09)


$5,791.83 Matter to be heard in September 2012

19 Elizabeth Street, Allawah (DA 242/06)

Stop Work Order and Class 4 Proceedings

$30,479.38

$16,441.26

On going. Stop work order issued December 2012 and still in force. Matter currently before the Land & Environment Court.

2011

- 2

012

AN

NU

AL

REP

OR

T


SECTION 428(2)(D)A report on the condition of Council’s Public Works 2011-12 can be found in Section 3. Audited Financial Statements in Special Schedule No. 7.

SECTION 428(2)(K)Works carried out on private land - Nil

CONDITION OF PUBLIC WORKS

250-258 Railway Parade and 7-9 Blake Street, Kogarah

Class 4 appeal by Objector. Council has also lodged a Vexatious application against objector.

$48,149.10 Proceedings set for the Land & Environment Court. Initial matter heard in June 2012, with final hearing dates set for August 2012.

57 Vista Street, Sans Souci (DA 287/11)

Class 1 Appeal to Section 96

$5,415.80 Matter to be heard in the Land & Environment Court in August 2012.

11 Spalding Crescent, Hurstville Grove

Enforcement of Order issued

$1,381.38 Based on representation and submission of further evidence, Order not enforced.


2011

- 2

012

AN

NU

AL

REP

OR

T

38

PENSIONER ABANDONMENTS (NET COST TO COUNCIL)

General Rates $251,639.60

Domestic Waste $100,420.60

Total $352,060.20

* Under s.575 of the Local Government Act 1993, Council is required to provide pensioner discounts on rates. This amounted to $782,358.03 in 2011-2012. The State Government provides councils with a 55% rebate of this cost (i.e. $430,297.83), leaving a net cost to Council of $352,060.20.

The above amounts have been accounted for in the 2011-2012 Financial Statements.

RATES AND CHARGES WRITTEN OFF

2011

- 2

012

AN

NU

AL

REP

OR

T


2011-2012 KOGARAH COMMUNITY GRANTS PROGRAM

CONTRIBUTIONS / DONATIONS

CHILDREN & YOUTH SPONSORSHIP CAPITALCOMMUNITY

DEVELOPMENT

St George Family Support Services Inc

$3,000

Learning Links $2,000

Kogarah Community Services Inc $4,000

St George Advocates for Children Inc

$2,000

Shopfront Theatre for Young People

$4,000

Southern Sydney Youth Refuge $1,799

St George Zone of Playgroups $1,000

Second Chance Toys $1,000

Abhinay School of Performing Arts Inc

$1,000

St Cuthbert’s Under Fives Funtime Playgroup

$1,500

Lille Joseph $200

Kate Gallagher $200

Kelly Wilson $300

Total $700 $3,299 $18,000

OLDER PEOPLE SPONSORSHIP CAPITALCOMMUNITY

DEVELOPMENT

Oatley Senior Citizens $2,025

Kogarah Carlton Senior Citizens $1,030

Kogarah Seniors Computer Club

$2,000

Total $2,000 $3.055


2011

- 2

012

AN

NU

AL

REP

OR

T

40

CULTURAL SPONSORSHIP CAPITALCOMMUNITY DEVELOPMENT

CASS Care Limited $2,000

CanRevive Inc $2,000

St George Lebanese Joint Committee

$1,000

Senior Italian Australian Community

$2,000

Resourceful Australian Indian Network (RAIN Inc)

$3,500

Spring Glory Women’s Association Inc

$2,000

Total $2,000 $10,500

2011

- 2

012

AN

NU

AL

REP

OR

T


GENERAL SPONSORSHIP CAPITALCOMMUNITY

DEVELOPMENT

St George Community Services

$3,500

Recreation Sports and Aquatics Club

$2,000

Pole Depot Community Centre

$2,000

Mortdale Community Services

$2,000

Marian Villa Women’s Refuge

$1,000

Aftercare $3,000

St George Brass Band $950

St George Cancer Support Group

$1,000

St George Art Society Inc

$1,000

Lions Club of Oatley $1,000

Total $4,950 $12,500

CATEGORIES TOTAL GRANT

Community Development Grants $44,055

Capital Grants $12,249

Sponsorship $700

Total $57,004


2011

- 2

012

AN

NU

AL

REP

OR

T

42

Council is required to name all external bodies that, during the preceding twelve months, exercised functions delegated by Council.

No functions were delegated by the Council to external bodies.

EXTERNAL BODIES EXERCISING COUNCIL FUNCTIONS

2011

- 2

012

AN

NU

AL

REP

OR

T


Council is required to make a statement of any corporations, partnerships, trusts, joint ventures, syndicates to which Council held a controlling interest during the year.

It is advised that Council held no controlling interest in any corporations, partnerships, trusts, joint ventures, syndiactes or other bodies.

PARTICIPATION IN EXTERNAL BODIES AND CORPORATIONSCouncil is required to make a statement of any corporations, partnerships, trusts, joint ventures, syndicates to which Council was a party.

It is advised that Council was not party to any corporations, partnerships, trusts, joint ventures, syndicates or other bodies.

CONTROLLING INTERESTS IN COMPANIES


2011

- 2

012

AN

NU

AL

REP

OR

T

44

Council employs four senior staff at a total remuneration cost of $901,248.40. This includes salaries, motor vehicles, fringe benefits and superannuation as follows:

SENIOR STAFF SALARYMOTOR VEHICLE

SUPER-ANNUATION

OTHER SALARY

SACRIFICE ELEMENTS (INCL. FRINGE BENEFITS TAX

OBLIG-ATIONS)

TOTAL VALUE

General Manager $219,013.71 $13,502.00 $37,884.29 Nil $270,400.00

Director Planning & Environmental Services, Director Assets & Services and Director Governance & Corporate Services

$510,918.92 $39,011.00 $80,918.48 Nil $630,848.40

i) There were no bonus payments, performance payments or other payments made to senior staff that did not form part of the salary component.

ii) There were no non cash benefits erected under senior staff contracts.

SENIOR STAFF

2011

- 2

012

AN

NU

AL

REP

OR

T


STORMWATER MANAGEMENT SERVICES CHARGE

Rain falling on hard surfaces such as roads and roofs runs off picking up chemicals, rubbish and soil. Stormwater run-off not only pollutes our waterways and bays, it also causes flooding on occasions. The complexities of these issues and the magnitude of works needed to resolve some of these challenges require large sums of capital investment, often beyond local government budgetary constraints.

Recognising the required scope of works and the capital investment needed, the NSW Government endorsed an arrangement for long-term stormwater management funding. This arrangement recognises that stormwater needs to be managed in an integrated manner, to deal with stormwater quality and flooding in a broader natural resources management context.

The funding arrangement allows councils to apply a Stormwater Management Service Charge to urban properties and this Management Plan includes this charge at the following per annum rates:

• Residential block: $25 (per rateable residential property)

• Business/Residential Strata Lot $10: (per business/residential strata lot)

• Business Land: $25 per 350 square metres

In 2011-12 this charge raised $442,969

MAJOR OBJECTIVES

With the development of Floodplain Risk Management Plans, Council’s progressive Flood Management Program has now reached the implementation stage. The plans have identified a number of stormwater asset upgrade works that are needed to mitigate flooding problems.

The drainage capacity assessment studies undertaken as part of this process have identified that one of the biggest challenges for Council lies in managing and upgrading its drainage assets.

In light of the above and, based on the community feedback received during the floodplain risk management planning process, Council is proposing to dedicate stormwater management service charges received until 2013 to principally fund Drainage Asset Upgrades.

MAJOR OUTCOMES

Throughout 2011/12, Council used the funds to target the built environment, including:

• stormwater asset upgrades;

• flood mitigation works; and

• stormwater harvest and re-use investigations program for the City.

STORMWATER MANAGEMENT


2011

- 2

012

AN

NU

AL

REP

OR

T

46

STORMWATER MANAGEMENT SERVICE CHARGE PROGRAM

Council’s Floodplain Risk Management Program is an ongoing program (2005-2013), which oversees the progressive development and implementation of floodplain risk management plans in the Kogarah LGA.

Projects identified in these floodplain risk management plans are being progressively implemented, based on their priority.

Beverley Park, Kogarah Bay Creek and Poulton Park Floodplain Risk Management Plans have been completed. Implementation of projects identified in these plans is currently taking place throughout the catchment.

The preparation of Moore Reserve and Middle Bays Floodplain Risk Management Plans has commenced.

Reconstruction of the pedestrian access to Blakehurst High School from West St for the purpose of flood mitigation is now complete. This has resulted in a reduction in flood planning levels for upstream properties.

Construction of Stage 1 of the Beverley Park Channel Diversion is now complete with the inlet and outlet structures connecting the channel to the golf course constructed.

The following projects were completed in 2011-12:-

• Grosvenor Road stormwater network extension

• St Georges Parade stormwater reconstruction

• Ramsgate Road stormwater reconstruction

• Stormwater Pit, Pipe & GPT maintenance and replacement program

• Minor flood mitigation works

• Closed circuit TV pipe surveys; and

• Stormwater Research Management Program.

The total Operational and Capital Expenditure on stormwater services for 2012-13 is estimated to be $1,860,060. This amount is proposed to be funded as follows:

Unrestricted Working Funds - $366,656

Stormwater Management Service Charge - $1,025,243

Environmental Levy - $188,100

Grant Funding - $280,061

2011

- 2

012

AN

NU

AL

REP

OR

T


The Companion Animals Act 1998 (the Act) was introduced to replace the Dog Act 1966. The Act came into force initially in 1998 (general dog control provisions) and was fully in effect on 1 July 1999 (microchipping and lifetime registration provisions).

The Act provides legal framework for microchipping and lifetime registration of cats and dogs within NSW. The aim of the Act is to encourage responsible pet ownership and thereby eliminate problems often encountered with the keeping of domestic cats and dogs.

Council’s Companion Animal Management Plan is used as a tool to promote and facilitate responsible pet ownership of dogs and cats within the Kogarah LGA and to alert residents to the benefits of animal companionship.

Over the past twelve (12) months Kogarah City Council has received and investigated five (5) separate dog attack complaints.

Dog attacks and their resultant publicity increase community fears. Action can only be taken after an attack has occurred. Unfortunately there are no mandatory training requirements for dog owners and as such, the level of knowledge and responsibility of a dog owner often goes unchecked and is only realised after such an attack has occurred.

Council provides education programs aimed specifically at pet owners that are designed to educate them in responsible pet ownership practices and also open a pathway of communication between Council and pet owners should questions arise.

Educated pet owners and properly trained pets will ensure that companion animal complaints are kept to a minimum which helps provide a greater feeling of safety amongst the Kogarah community.

Proper education of pet owners has the potential to greatly reduce companion animal related complaints

across all areas. Education of pet owners and professional training of pets will reduce the number of biting, barking and nuisance complaints received.

Council has a range of fees for the compulsory registration of animals. These fees are structured to encourage desexing of dogs and cats.

The amount of funding spent relating to companion animal management activities and detailed financial information on the use of Companion Animals Fund allocation for management and control of companion animals in the area are contained within Council’s Management Plan, available at www.kogarah.nsw.gov.au.

Council utilises the services of the St George Animal Services for animal control. The Sydney Dogs and Cats Home is utilised by Council as its impounding facility for companion animals. In keeping with the requirements of Section 64 of the Act, this facility has a ‘low kill’ policy, preferring to rehouse where possible.

• 113 dogs were impounded in 2011-2012

• 180 cats were impounded in 2011-2012

• $101,500 - Animal Controllers + Pound Contract

• $7,000 - Implementation of Companion Animal Management Plan

COMPANION ANIMALS


2011

- 2

012

AN

NU

AL

REP

OR

T

48

JULY 2011 - JUNE 2012

Kogarah City Council has a firm commitment to the anti-discrimination laws of the Commonwealth and NSW Governments. The Local Government Act 1993 further focuses Council’s attention on Equal Employment Opportunity via ss344 and 345.

These sections impose on the General Manager the responsibility for EEO within Council with the implementation of an EEO Management Plan.

Section 345 states that Council:

‘Must prepare and implement an EEO Management Plan that:

(a) devises policies and programs

(b) communicates those policies and programs

(c) enables collection and recording of information

(d) reviews personnel practices

(e) sets goals and targets (where these may reasonably

be determined)

(f) evaluates policies and programs

(g) enables revision and amendment of plan

(h) requires the appointment of person/s to implement the EEO management plan.’

Council’s EEO Management Plan was reviewed and enhanced and now includes specific activities and initiatives in respect to EEO.

The resulting EEO Annual Report details achievements of management plan strategies, objectives, goals and targets.

All new staff are inducted into the organisation with a session on EEO, while an orientation day reinforces EEO expectations of Council.

EEO enjoys the full support of management and staff. EEO systems and thinking are now mainstream at Council and have become embedded in all actions and decisions taken by management and staff.

There were no formal grievances reported for the year.

Council enjoys professional standards of conduct throughout the organisation with mature outlooks and behaviours which are considerate of the feelings and rights of co-workers.

Staff have also been supported through access to counselling services when needed.

EQUAL EMPLOYMENT OPPORTUNITY

2011

- 2

012

AN

NU

AL

REP

OR

T


Kogarah City Council has responsibility for thirteen (13) bushland reserves, not including smaller roadside reserves, all of which are considered by the NSW Fire Brigades to be low risk bushfire sites when compared to other locations outside the City where a regional response would be required.

The annual budgets for bush regeneration, maintenance and bushfire reduction for the 2011-2012 financial year were:

$135,302 for bush maintenance contract works at the following bushland reserves: Shipwrights Bay Reserve, Moore Reserve, Poulton Park, Carss Bush Park, Oatley Point Reserve, Neverfail Bay Reserve and Oatley Pleasure Grounds.

$36,017 to reduce bushfire hazards on an as-need basis. As a result, works were completed at Tom Ugly’s Point Reserve, Moore Reserve, Kyle Williams Reserve, Donnelly Park and Ray Street Reserve.

Council’s grass cutting crews maintain some sections of bushland reserves, slashing every three (3) weeks, and maintaining reserve boundaries by slashing as required. During the 2010-2011 financial year pile/hazard reduction burns were limited owing to the climatic conditions and the priorities of the local fire brigade. However, Council received approval from the Office of Environment and Heritage to conduct a pile/hazard reduction burn at Shipwrights Bay Reserve, Blakehurst. At the request of Council, the burn was carried out by the local New South Wales Fire Brigades. The purpose of the pile/hazard reduction burn was to both reduce the fuel loadings as well as encourage germination of native flora that relies on appropriate fire regimes for reproductive success.

In addition, to assist Council in bushfire management it completed two bushfire management plans including:

• Poulton Park Bushfire Management Plan, and

• Kyle Williams Reserve Bushfire Management Plan

Council has an on-going annual contract as well as bushcare volunteer bush regeneration program in place with the aim to restore all bushland reserves in the City to a self sustaining ‘low maintenance regime’.

There are two bushfire brigades that service the City of Kogarah; one is located in Kogarah and the other in Hurstville. Kogarah City Council does not have information on the number of calls received.

BUSHFIRE HAZARD REDUCTION


2011

- 2

012

AN

NU

AL

REP

OR

T

50

CATEGORY 1 BUSINESS ACTIVITIES

Kogarah City Council has not classified any activities as Category 1 Businesses.

Statement of Expenses, Revenues and Assets in Relation to Each Category 1 Business Activity - Not applicable.

Statement of Competitive Neutrality Pricing for Category 1 Businesses - Not applicable.

PERFORMANCE OF CATEGORY 1 BUSINESSES

Not applicable.

CATEGORY 2 BUSINESS ACTIVITIES

Kogarah City Council has not classified any activities as Category 2 Businesses.

COMPETITIVE NEUTRALITY COMPLAINT MECHANISM

Any complaints related to competitive neutrality are captured within Council’s electronic management systems.

All complaints are logged and responded to directly by the appropriate supervisor. The Director is alerted to any outstanding complaints and ensures they are addressed.

SUMMARY OF COMPETITIVE NEUTRALITY COMPLAINTS

Kogarah City Council has not received any Competitive Neutrality Complaints.

PROGRESS IN IMPLEMENTING THE PRINCIPLES OF COMPETITIVE NEUTRALITY

Kogarah City Council monitors its commercial activities to determine whether the income generated or intensity of activity justifies any activity being categorised.

Council’s Financial Management systems provide for full cost allocation for activities which are in competition with open markets.

NATIONAL COMPETITION POLICY

2011

- 2

012

AN

NU

AL

REP

OR

T


11-13 Derby Street, Kogarah (DA156/05).

The developer proposed to provide not less than 72 theatre hours per annum to allow the undertaking of Nominated Surgical Procedures within the three-theatre Same Day Surgery on level 2 of the development, for people on the St George Hospital Waiting List maintained from time to time by the South Eastern Sydney and Illawarra Area Health Service. These hours are to be supplied free of charge, to provide a material public benefit to the local community.

The Planning Agreement has not yet been executed.

PLANNING AGREEMENTS IN FORCE


2011

- 2

012

AN

NU

AL

REP

OR

T

52

Under the Privacy and Personal Information Protection Act 1998 – Section 33 Council is required to provide: -

• a statement of the action taken in complying with the requirements of this Act, and

• statistical details of any review conducted by or on behalf of the agency under Part 5.

PART A

Council, via general delegation to the General Manager, adopted the Department of Local Government’s Model Privacy Management Plan on 30 June 2000.

Council resolved on 11 December 2000 that Council confirm the adoption of the Model Privacy Plan and that Council acknowledge the additional responsibilities on Council to comply with the provisions of the Privacy and Personal Information Act 1998. Council also implemented the Privacy Code of Practice for Local Government issued by the Privacy Office.

In December 2003 the Department of Local Government’s Model Privacy Management Plan was reviewed.

In October 2004 the Health Records and Information Privacy Act 2002 (HRIPA) was enacted, providing protection of personal health information. The effect of HRIPA is that the Privacy and Personal Information Protection Act 1998 (PPIPA) no longer covers personal health information. The HRIPA states 15 health information protection principles that needed to be included in our Privacy Management Plan.

In 2005 Kogarah Council reviewed and amended its Privacy Management Plan to incorporate the 15 health information protection principles and on 23 May 2005 Kogarah Council adopted the Kogarah Council Privacy Management Plan. This policy is available on Council’s website. This policy has been reviewed and updated to reflect Council’s City status.

A review of all Council’s forms has been undertaken to ensure all forms have the appropriate privacy statement included i.e. whether voluntary or mandatory for personal information to be supplied. These forms and information relating to privacy and personal information is also available on Council’s web site. Information signs have also been placed in the Customer Service Centre and the Council Chamber.

Training has been provided on a continuous basis to Council staff and Councillors on the implementation of the Privacy and Personal Information Protection Act and HRIPA. Briefing sessions have been conducted and training has also been provided through an interactive e-learning system.

The Public Officer, Director of Governance and Corporate Services is appointed as the Privacy Contact Officer and can be contacted on 9330 9408 or alternately Manager Governance, Cathryn Bush on 9330 9589.

PART B

In accordance with the above requirement there has been no application for review undertaken during this financial year in relation to PPIPA or HRIPA.

PRIVACY AND PERSONAL INFORMATION PROTECTION ACT

PUBLIC INTEREST PROTECTED DISCLOSURES – ANNUAL REPORTING REQUIREMENTS 2011-12Section 31 of the Public Interest Disclosures Act 1994 requires public authorities to report annually on the protected disclosures it receives. During the reporting period Council received no protected disclosures.

2011

- 2

012

AN

NU

AL

REP

OR

T


Government Information (Public Access) Act 2009 and Government Information (Public Access) Regulation 2009 Annual Reporting Requirements for 2011-12 financial year (1 July 2011 to 30 June 2012).

BACKGROUND

On July 1 2010, the Government Information (Public Access) Act 2009 [GIPA] commenced. This new legislation introduced a new ‘right to information’ system to New South Wales, replacing the existing Freedom of Information (FOI) system which had been operating since 1989.

This new legislation creates new rights to information that are designed to meet community expectations for more open, transparent and accountable government. It also encourages proactive information disclosure through mandatory publication and authorised release of ‘open access information’. ‘Open access information’ is information that Council must publish, unless there is an overriding public interest against disclosure (OPIAD).

Kogarah City Council possesses a variety of information that relates to the operation of Council and the Kogarah City Council Local Government area. Under the GIPA legislation this information is grouped into four categories:

• Mandatoryopenaccessinformation;

• Proactivereleaseinformation;

• Informalapplicationinformation;and

• Formalapplicationinformation.

Kogarah City Council promotes open government and greater accountability to the community. The majority of Council’s documents are available to the public unless there is an overriding public interest against disclosure. Some examples of documents that are not permitted are internal working plans of another individual’s property and other person’s personal information may be restricted under the

Privacy and Personal Information Protection Act 1998. When weighed against other considerations when applying the public interest test an example of a document that would be restricted is Council’s own legal advice.

Council publishes a range of documents and information which are available in accordance with the Government Information (Public Access) Act 2009. This is outlined in Council’s Publication Guide available on Council’s website.

IMPACT OF GOVERNMENT INFORMATION (PUBLIC ACCESS) ACT ON COUNCIL’S ACTIVITIES, POLICIES AND PROCEDURES

This year, Council received no formal Government Information Public Access (GIPA) applications. This is consistent with the amount of applications Council received last year.

This trend of Council receiving minimal formal applications appears to be due to the emphasis Council places on being open and transparent. Additionally applicants are encouraged to obtain information by informal application in the first instance, as there is no application fee.

Council received approximately two hundred and forty (240) open access applications for access to information under GIPA during the last financial year which mainly required viewing of inactive/archived files. This was less than the previous year. These requests were to view information that is mostly available under Schedule 1 of the Government Information (public access) Regulation 2009. The majority of these requests were to view development application files, property files and health and building files.

Information currently available to members of the public under Schedule 1 of the Government Information (public access) Regulation 2009 is listed on the following page:

GOVERNMENT INFORMATION (PUBLIC ACCESS) – ANNUAL REPORTING REQUIREMENTS 2011-12


2011

- 2

012

AN

NU

AL

REP

OR

T

54

1. INFORMATION ABOUT COUNCIL

• The model code prescribed under section 440 (1) of the LGA

• Council’s adopted Code of Conduct

• Code of Meeting Practice

• Annual Report

• Annual Financial Reports

• Auditor’s Report

• Management Plan

• EEO Management Plan

• Policy concerning the Payment of Expenses Incurred by, and the Provision of Facilities to Councillors and the Mayor

• Annual Reports of Bodies Exercising Functions Delegated by Council

• Any Codes referred to in the LGA

• Returns of the Interests of Councillors, Designated Persons and Delegates

• Agendas and Business Papers for any meeting of Council or any Committee of Council

• Minutes of any meeting of Council or any Committee of Council

• Departmental Representative Reports presented at a meeting of Council

• Land Register

• Register of Investments

• Register of Delegations

• Register of Graffiti removal works

• Register of current Declarations of Disclosures of Political donations

• Register of Voting on Planning Matters.

2. PLANS AND POLICIES

• Local Policies adopted by Council concerning approvals and orders

• Plans of Management for Community Land

• Environmental Planning Instruments, Development Control Plans

• Contribution Plans.

3. INFORMATION ABOUT DEVELOPMENT APPLICATIONS

Development Applications and any associated documents received in relation to a proposed development including:

• Home Warranty Insurance documents

• Construction Certificates

• Occupation Certificates

• Structural Certification Documents

• Town Planner Reports

• Submissions received on Development Applications

• Heritage Consultant Reports

• Tree Inspections Consultant Reports

• Acoustic Consultant Reports

• Land Contamination Consultant Reports

• Records of decisions on Development Applications including decisions on Appeals

• Records describing general nature of documents that Council decides to exclude from public view including internal specifications and configurations, and commercially sensitive information.

2011

- 2

012

AN

NU

AL

REP

OR

T


4. APPROVALS, ORDERS AND OTHER DOCUMENTS

• Orders given under the Authority of any other Act

• Records of Building Certificates under the Environmental Planning and Assessment Act 1979

• Plans of land proposed to be compulsorily acquired by Council

• Compulsory Acquisition Notices

• Leases and Licenses for use of Public Land classified as Community Land.

A review of the above government information currently available to members of the public was undertaken in accordance with Section 7 (3) of GIPA Act and there were no additional kinds of government information included due to there being no requests received from members of the public for other kinds of information to be released.

However Council has established a system over the subsequent period to identify other kinds of information held by Council that should in the public interest be made available. In addition any improvements as a result of any requests for review, Council will proactively consider adding this information to be published on Council’s website.

GIPA ANNUAL REPORTING REQUIREMENTS FOR 2011-12 FINANCIAL YEAR (1 JULY 2011 TO 30 JUNE 2012).

Annual reporting requirements under section 125 of GIPA Act

(1) Each agency (other than a Minister) must, within 4 months after the end of each reporting year, prepare an annual report on the agency’s obligations under this Act for submission to the Minister responsible for the agency. A copy of the report is to be provided to the Information Commissioner.

(6) The regulations may make provisions for:

(a) the information to be included in annual reports, and

(b) the form in which annual reports are to be prepared.


2011

- 2

012

AN

NU

AL

REP

OR

T

56

The annual report of an agency (other than a Minister) required to be prepared under section 125 of the Act must include the following:

a) details of the review carried out by the agency under section 7 (3) of the Act during the reporting year and the details of any information made publicly available by the agency as a result of the review

Nil *

b) the total number of access applications received by the agency during the reporting year (including withdrawn applications but not including invalid applications)

Nil

c) the total number of access applications received by the agency during the reporting year that the agency refused, either wholly or partly, because the application was for the disclosure of information referred to in Schedule 1 of the Act (Information for which there is no conclusive presumption of overriding public interest against disclosure)

Nil

d) information, as set out in the form required by the tables in Schedule 2, relating to the access applications (if any) made to the agency during the reporting year

Nil

* A review of Council’s government information currently available to members of the public was undertaken in accordance with Section 7 (3) of GIPA Act and there were no additional kinds of government information included due to there being no requests received from members of the public for other kinds of information to be released.

However Council has established a system over the subsequent period to identify other kinds of information held by Council that should in the public interest be made available. In addition any improvements as a result of any requests for review, Council will proactively consider adding this information to be published on Council’s website.

GOVERNMENT INFORMATION (PUBLIC ACCESS) REGULATION 2009 – REG 7 ANNUAL REPORTING REQUIREMENTS UNDER SECTION 125 OF ACT7 Annual reporting requirements under section 125 of Act

2011

- 2

012

AN

NU

AL

REP

OR

T


GOVERNMENT INFORMATION (PUBLIC ACCESS) REGULATION 2009 – SCHEDULE 2Schedule 2 – Statistical information about access applications to be included in annual report. (Clause 7)

TABLE A: NUMBER OF APPLICATIONS BY TYPE OF APPLICANT AND OUTCOME*

Access granted in full

Access granted in part

Access refused in full

Informa-tion not held

Infor-mation already available

Refuse to deal with application

Refuse to confirm / deny whether informa-tion is held

Applica-tion with-drawn

Media Nil Nil Nil Nil Nil Nil Nil NilMembers of Parliament

Nil Nil Nil Nil Nil Nil Nil Nil

Private sector business


Not for profit organisations or community groups


Members of the public (application by legal rep-

resentative)


Members of the public (other)


* Note: More than one decision can be made in respect of a particular access application. If so, a recording must be made in relation to each such decision. This also applies to Table B.


2011

- 2

012

AN

NU

AL

REP

OR

T

58

TABLE B: NUMBER OF APPLICATIONS BY TYPE OF APPLICANT AND OUTCOME*

Access granted in full

Access granted in part

Access refused in full

Informa-tion not held

Infor-mation already available

Refuse to deal with application

Refuse to confirm / deny whether informa-tion is held

Application withdrawn

Personal information applications*


Access appli-cations (other than personal information applications)


Access ap-plications that are partly personal information applications and partly other


* Note: A “personal information application” is an access application for personal information (as defined in Clause 4 of Schedule 4 to the Act) about the applicant (the applicant being an individual).

TABLE C: INVALID APPLICATIONS*

Reason for invalidity No. of applications

Application does not comply with formal requirements (section 41 of the Act)

Nil

Application is for excluded information of the agency (section 43 of the Act)

Nil

Application contravenes restraint order (section 110 of the Act) Nil

Total number of applications received Nil

Invalid applications that subsequently become valid applications Nil

2011

- 2

012

AN

NU

AL

REP

OR

T


TABLE D: CONCLUSIVE PRESUMPTION OF OVERRIDING PUBLIC INTEREST AGAINST DISCLOSURE: MATTERS LISTED IN SCHEDULE 1 TO THE ACT

Number of times consideration used*

Overriding secrecy laws Nil

Cabinet information Nil

Executive Council information Nil

Contempt Nil

Legal professional privilege Nil

Excluded information Nil

Documents affecting law enforcement and public safety Nil

Transport safety Nil

Adoption Nil

Care and protection of children Nil

Ministerial code of conduct Nil

Aboriginal and environmental heritage Nil

* Note: More than one public interest consideration may apply in relation to a particular access application and, if so, each such consideration is to be recorded (but only once per application). This also applies in relation to Table E.

TABLE E: OTHER PUBLIC INTEREST CONSIDERATIONS AGAINST DISCLOSURE: MATTERS LISTED IN TABLE TO SECTION 14 OF ACT

Number of occasions when application not successful

Responsible and effective government Nil

Law enforcement and security Nil

Individual rights, judicial processes and natural justice

Nil

Business interests of agencies and other persons Nil

Environment, culture, economy and general matters Nil

Secrecy provisions Nil

Exempt documents under interstate Freedom of Information legislation

Nil


2011

- 2

012

AN

NU

AL

REP

OR

T

60

TABLE F: TIMELINESS

Number of applications

Decided within the statutory timeframe (20 days plus any extensions)

Nil

Decided after 35 days (by agreement with applicant) Nil

Not decided within time (deemed refusal) Nil

Total Nil

TABLE G: NUMBER OF APPLICATIONS REVIEWED UNDER PART 5 OF THE ACT (BY TYPE OF REVIEW AND OUTCOME)

Decision varied Decision upheld Total

Internal review Nil Nil Nil

Review by Information Commissioner*

Nil Nil Nil

Internal review following recommendation under section 93 of Act

Nil Nil Nil

Review by ADT Nil Nil Nil

Total Nil Nil Nil

* Note: The Information Commissioner does not have the authority to vary decisions, but can make recommendations to the original decision-maker. The data in this case indicates that a recommendation to vary or uphold the original decision has been made by the Information Commissioner.

TABLE H: APPLICATIONS FOR REVIEW UNDER PART 5 OF THE ACT (BY TYPE OF APPLICANT)

Number of applications for review

Applications by access applicants Nil

Applications by persons to whom information the subject of access application relates (see section 54 of the Act)

Nil