Local Government (Planning and Reporting) Amendment Regulations 2019 (Vic)
Local Government (Planning and Reporting) Amendment Regulations 2019
S.R. No. 37/2019
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Definitions
6New regulations 28, 29 and 30 inserted
7Schedule 2 amended
8Part 2 of Schedule 3 amended
9Part 3 of Schedule 3 amended
10Part 4 of Schedule 3 amended
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Endnotes
STATUTORY RULES 2019
S.R. No. 37/2019
Local Government Act 1989
Local Government (Planning and Reporting) Amendment Regulations 2019
The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:
Dated: 28 May 2019
Responsible Minister:
ADEM SOMYUREK
Minister for Local GovernmentPIETA TAVROU
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Local Government (Planning and Reporting) Regulations 2014 to amend and update performance indicators and measures in the annual report of a Council.
2Authorising provision
These Regulations are made under section 243 of the Local Government Act 1989.
3Commencement
These Regulations come into operation on 1 July 2019.
4Principal Regulations
In these Regulations, the Local Government (Planning and Reporting) Regulations 2014[1] are called the Principal Regulations.
5Definitions
In regulation 5 of the Principal Regulations—
(a)insert the following definition—
"active library borrower means a borrower of a library who has borrowed a book from the library;";
(b)for the definition of population substitute—
"population means the resident population of the municipal district estimated by Council;";
(c)the definition of active library member is revoked.
6New regulations 28, 29 and 30 inserted
After regulation 27 of the Principal Regulations insert—
"28 Transitional provisions—financial year commencing on 1 July 2019
(1)In relation to service performance indicators 5(a), 5(c), 5(d), 7(b), 8(b), 8(c), 8(d) and 11(a) (and the measures relating to those indicators) set out in Schedule 2, a Council must include in its report of operations for the financial year commencing on 1 July 2019—
(a)the results achieved for the financial year commencing on 1 July 2019 in relation to those indicators set out in Schedule 2 (as in force on 1 July 2019); and
(b)despite the amendment made on 1 July 2019 to the measures relating to those service performance indicators, the results achieved for the financial years commencing on 1 July 2016, 1 July 2017 and 1 July 2018 in relation to those indicators set out in Schedule 2 (as in force immediately before 1 July 2019).
Note
See regulation 13(2) for requirements in relation to results achieved for the financial year commencing on 1 July 2019.
(2)In relation to service performance indicators 5 and 8 (and the measures relating to those indicators) set out in Part 2 of Schedule 3 and financial performance indicators 3(c) and 5(b) (and the measures relating to those indicators) set out in Part 3 of Schedule 3, a Council must include in its performance statement for the financial year commencing on 1 July 2019—
(a)the results achieved for the financial year commencing on 1 July 2019 in relation to those indicators set out in Schedule 3 (as in force on 1 July 2019); and
(b)despite the amendment made on 1 July 2019 to the measures relating to those service or financial (as appropriate) performance indicators, the results achieved for the financial years commencing on 1 July 2016, 1 July 2017 and 1 July 2018 in relation to those indicators set out in Schedule 3 (as in force immediately before 1 July 2019).
Note
See regulation 16(1) for requirements in relation to results achieved for the financial year commencing on 1 July 2019.
29Transitional provisions—financial year commencing on 1 July 2020
(1)In relation to service performance indicators 5(a), 5(c), 5(d), 7(b), 8(b), 8(c), 8(d) and 11(a) (and the measures relating to those indicators) set out in Schedule 2, a Council must include in its report of operations for the financial year commencing on 1 July 2020—
(a)the results achieved for the financial years commencing on 1 July 2019 and 1 July 2020 in relation to those indicators set out in Schedule 2 (as in force on 1 July 2019); and
(b)despite the amendment made on 1 July 2019 to the measures relating to those service performance indicators, the results achieved for the financial years commencing on 1 July 2017 and 1 July 2018 in relation to those indicators set out in Schedule 2 (as in force immediately before 1 July 2019).
Note
See regulation 13(2) for requirements in relation to results achieved for the financial year commencing on 1 July 2020.
(2)In relation to service performance indicators 5 and 8 (and the measures relating to those indicators) set out in Part 2 of Schedule 3 and financial performance indicators 3(c) and 5(b) (and the measures relating to those indicators) set out in Part 3 of Schedule 3, a Council must include in its performance statement for the financial year commencing on 1 July 2020—
(a)the results achieved for the financial year commencing on 1 July 2019 and 1 July 2020 in relation to those indicators set out in Schedule 3 (as in force on 1 July 2019); and
(b)despite the amendment made on 1 July 2019 to the measures relating to those service or financial (as appropriate) performance indicators, the results achieved for the financial years commencing on 1 July 2017 and 1 July 2018 in relation to those indicators set out in Schedule 3 (as in force immediately before 1 July 2019).
Note
See regulation 16(1) for requirements in relation to results achieved for the financial year commencing on 1 July 2020.
30Transitional provisions—financial year commencing on 1 July 2021
(1)In relation to service performance indicators 5(a), 5(c), 5(d), 7(b), 8(b), 8(c), 8(d) and 11(a) (and the measures relating to those indicators) set out in Schedule 2, a Council must include in its report of operations for the financial year commencing on 1 July 2021—
(a)the results achieved for the financial years commencing on 1 July 2019, 1 July 2020 and 1 July 2021 in relation to those indicators set out in Schedule 2 (as in force on 1 July 2019); and
(b)despite the amendment made on 1 July 2019 to the measures relating to those service performance indicators, the results achieved for the financial year commencing on 1 July 2018 in relation to those indicators set out in Schedule 2 (as in force immediately before 1 July 2019).
Note
See regulation 13(2) for requirements in relation to results achieved for the financial year commencing on 1 July 2021.
(2)In relation to service performance indicators 5 and 8 (and the measures relating to those indicators) set out in Part 2 of Schedule 3 and financial performance indicators 3(c) and 5(b) (and the measures relating to those indicators) set out in Part 3 of Schedule 3, a Council must include in its performance statement for the financial year commencing on 1 July 2021—
(a)the results achieved for the financial years commencing on 1 July 2019, 1 July 2020 and 1 July 2021 in relation to those indicators set out in Schedule 3 (as in force on 1 July 2019); and
(b)despite the amendment made on 1 July 2019 to the measures relating to those service or financial (as appropriate) performance indicators, the results achieved for the financial year commencing on 1 July 2018 in relation to those indicators set out in Schedule 3 (as in force immediately before 1 July 2019).
Note
See regulation 16(1) for requirements in relation to results achieved for the financial year commencing on 1 July 2021.".
7Schedule 2 amended
(1)In indicator 1(d) of Schedule 2 to the Principal Regulations, for "Councils deliver their governance service" substitute "Councillors perform their governance role".
(2)In the measure relating to indicator 1(d) of Schedule 2 to the Principal Regulations, for "Cost of governance" substitute "Cost of elected representation".
(3)In the measure relating to indicator 5(a) of Schedule 2 to the Principal Regulations—
(a)for "Library collection usage (number of library collection item loans per library collection item)" substitute "Physical library collection usage (number of physical library collection item loans per physical library collection item)";
(b)after "Number of" (where twice occurring) insert "physical".
(4)In indicator 5(b) of Schedule 2 to the Principal Regulations, for "Resource standard (libraries have a high standard of resources)" substitute "Resource currency (libraries have new resources available to members)".
(5)In the measure relating to indicator 5(b) of Schedule 2 to the Principal Regulations, for "Standard of library collection" substitute "Recently purchased library collection".
(6)In the measure relating to indicator 5(c) of Schedule 2 to the Principal Regulations—
(a)for "visit" substitute "head of population";
(b)for "Number of visits" substitute "Population".
(7)In the measure relating to indicator 5(d) of Schedule 2 to the Principal Regulations—
(a)for "members" substitute "borrowers";
(b)omit "municipal";
(c)for "members" substitute "borrowers";
(d)for "Number of active library members" substitute "The sum of the number of active library borrowers in the last 3 financial years";
(e)for "Municipal population" substitute "The sum of the population in the last 3 financial years".
(8)In the measures relating to indicator 7(a) of Schedule 2 to the Principal Regulations omit the following measure—
"Reportable safety incidents at aquatic facilities (number of WorkSafe reportable aquatic safety
incidents)
Number of WorkSafe reportable aquatic facility safety incidents". (9)In the measures relating to indicator 7(b) of Schedule 2 to the Principal Regulations—
(a)omit "indoor";
(b)omit "indoor" (wherever occurring);
(c)omit the following measure—
"Cost of outdoor aquatic facilities (direct cost less any income received of providing outdoor aquatic facilities per visit)
Direct cost of indoor aquatic facilities less income received Number of visits to indoor aquatic facilities".
(10)In the measure relating to indicator 7(c) of Schedule 2 to the Principal Regulations—
(a)omit "municipal";
(b)for "Municipal population" substitute "Population".
(11)After the measure relating to indicator 8(b) of Schedule 2 to the Principal Regulations insert the following measure—
"Animals rehomed (percentage of collected registrable animals under the Domestic Animals Act 1994 rehomed)
Number of animals rehomed × 100". Number of animals collected (12)In the measure relating to indicator 8(c) of Schedule 2 to the Principal Regulations—
(a)for "registered animal under the Domestic Animals Act 1994" substitute "head of population";
(b)for "Number of registered animals" substitute "Population".
(13)In the measure relating to indicator 8(d) of Schedule 2 to the Principal Regulations—
(a)for "number of successful animal management prosecutions" substitute "percentage of animal management prosecutions which are successful";
(b)for "Number of successful animal management prosecutions" substitute—
"Number of successful animal management prosecutions Total number of animal management prosecutions".
(14)In the measure relating to indicator 11(a) of Schedule 2 to the Principal Regulations—
(a)for "first MCH home" substitute
"4-week key age and stage";
(b)for "first MCH home" (where twice occurring) substitute "4-week key age and stage".
8Part 2 of Schedule 3 amended
(1)In the measure relating to indicator 5 in Part 2 of Schedule 3 to the Principal Regulations—
(a)for "members" substitute "borrowers";
(b)omit "municipal";
(c)for "members" substitute "borrowers";
(d)for "Number of active library members" substitute "The sum of the number of active library borrowers in the last 3 financial years";
(e)for "Municipal population" substitute "The sum of the population in the last 3 financial years".
(2)In the measure relating to indicator 7 in Part 2 of Schedule 3 to the Principal Regulations—
(a)omit "municipal";
(b)for "Municipal population" substitute "Population".
(3)In the measure relating to indicator 8 in Part 2 of Schedule 3 to the Principal Regulations—
(a)for "number of successful animal management prosecutions" substitute "percentage of animal management prosecutions which are successful";
(b)for "Number of successful animal management prosecutions" substitute—
"Number of successful animal management prosecutions Total number of animal management prosecutions".
9Part 3 of Schedule 3 amended
(1)In the measure relating to indicator 3(c) in Part 3 of Schedule 3 to the Principal Regulations, after "renewal" (where twice occurring) insert "and upgrade".
(2)In the measure relating to indicator 5(b) in Part 3 of Schedule 3 to the Principal Regulations—
(a)omit "residential" (where twice occurring);
(b)omit "residential" (where first and secondly occurring);
(c)for "Residential rate" substitute "Total rate";
(d)omit "residential" (where thirdly occurring).
(3)Indicator 5(c) in Part 3 of Schedule 3 to the Principal Regulations is revoked.
10Part 4 of Schedule 3 amended
(1)In the measure relating to indicator (a) in Part 4 of Schedule 3 to the Principal Regulations—
(a)omit "municipal";
(b)omit "municipal";
(c)for "Municipal population" substitute "Population".
(2)In the measure relating to indicator (b) in Part 4 of Schedule 3 to the Principal Regulations—
(a)omit "municipal";
(b)omit "municipal";
(c)for "Municipal population" substitute "Population".
(3)In the measures relating to indicator (c) in Part 4 of Schedule 3 to the Principal Regulations—
(a)omit "municipal" (where twice occurring);
(b)omit "municipal" (wherever occurring);
(c)for "Municipal population" substitute "Population" (wherever occurring).
(4)After indicator (d) in Part 4 of Schedule 3 to the Principal Regulations insert—
"(e) Workforce turnover (resources are used efficiently in the delivery of services) | Resignations and terminations compared to average staff (number of permanent staff resignations and terminations as a percentage of average number of permanent staff)
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Endnotes
[1] Reg. 4: S.R. No. 17/2014 as amended by S.R. Nos 47/2015 and 64/2017.
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