Local Government (Planning and Reporting) Regulations 2020 (Vic)

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Version No. 003

Local Government (Planning and Reporting) Regulations 2020

S.R. No. 117/2020

Version incorporating amendments as at


1 July 2023

TABLE OF PROVISIONS

Regulation  Page

Part 1—Preliminary

1Objective

2Authorising provision

3Commencement

4Definitions

Part 2—Financial Plan

5Statements describing financial resources

6Statements describing other resource requirements

Part 3—Budget

7The financial statements

8Other information to be included

Part 4—Annual report

Division 1—Report of operations

9Service performance indicators

10General information

Division 2—Performance statement

11Performance indicators

11AForm of performance statement

12Performance results

13Certification of performance statement

Division 3—Financial statements

14The financial statements

15Certification of financial statements

Part 5—Savings and transitional provisions

16Local Government (Planning and Reporting) Regulations 2014

Schedule 1—Annual report—Governance and management checklist in report of operations

Schedule 2—Annual report—Service performance indicators in report of operations

Schedule 3—Annual report—Performance indicators in performance statement

Schedule 4—Budget—Performance indicators

═════════════

Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 003

Local Government (Planning and Reporting) Regulations 2020

S.R. No. 117/2020

Version incorporating amendments as at


1 July 2023

PART 1—PRELIMINARY

1Objective

The objective of these Regulations is to prescribe—

(a)the content and preparation of the financial statements of a Council; and

(b)the performance indicators, measures and targets to be included in the budget, revised budget and annual report of a Council; and

(c)the information to be included in a Financial Plan, budget, revised budget and annual report; and

(d)other matters required to be prescribed under Part 4 of the Act.

2Authorising provision

These Regulations are made under section 325 of the Local Government Act 2020.

3Commencement

These Regulations come into operation on 24 October 2020.

4Definitions

In these Regulations—

AAS means the accounting standards published by the Australian Accounting Standards Board from time to time;

Aboriginal child means a child who is an Aboriginal person;

Aboriginal person has the same meaning as in the Aboriginal Heritage Act 2006;

*                *                *                *                *

annual report means an annual report prepared by a Council under Division 3 of Part 4 of the Act;

asset expansion expenditure means expenditure that extends the capacity of an existing asset to provide benefits to new users at the same standard as is provided to existing beneficiaries;

asset expenditure type means the following types of asset expenditure—

(a)asset renewal expenditure;

(b)new asset expenditure;

(c)asset upgrade expenditure;

(d)asset expansion expenditure;

Asset Plan means an Asset Plan developed by a Council under section 92 of the Act;

asset renewal expenditure means expenditure on an existing asset or on replacing an existing asset that returns the service capability of the asset to its original capability;

asset upgrade expenditure means expenditure that—

(a)enhances an existing asset to provide a higher level of service; or

(b)extends the life of the asset beyond its original life;

budget means a budget prepared by a Council under sections 94 and 96 of the Act;

budget year means the first financial year of a budget;

current asset has the same meaning as in the AAS;

Financial Plan means a Financial Plan developed by a Council under section 91 of the Act;

Local Government Model Financial Report means the Local Government Model Financial Report published by the Department from time to time including on the Department's Internet site;

Local Government Model Sector Performance Report means the Local Government Model Sector Performance Report published by the Department from time to time on the Department's Internet site;

local road means a sealed or unsealed road for which the Council is the responsible road authority under the Road Management Act 2004;

MCHmeans the Maternal and Child Health Service provided by a Council to support the health and development of children within the municipal district from birth until school age;

new asset expenditure means expenditure that creates a new asset that provides a service that does not currently exist;

non-current asset means any asset other than a current asset;

non-recurrent grant means a grant obtained on the condition that it be expended in a specified manner and not expected to be received again during the period covered by a Council's budget;

performance statement means the performance statement prepared by a Council under section 98 of the Act;

population means the resident population of the municipal district estimated by Council;

recurrent grant means a grant other than a non-recurrent grant;

report of operations means the report of operations prepared by a Council under section 98 of the Act;

Revenue and Rating Plan means a Revenue and Rating Plan prepared by a Council under section 93 of the Act;

revised budget means a revised budget prepared by a Council under sections 95 and 96 of the Act;

statement of capital works means a statement of capital works prepared in accordance with the Local Government Model Financial Report;

statement of human resources means a statement which shows all Council staff expenditure and the number of full time equivalent Council staff;

the Act means the Local Government Act 2020.

PART 2—FINANCIAL PLAN

5Statements describing financial resources

(1)For the purposes of section 91(3)(a) of the Act, the statements describing the financial resources must be in the form set out in the Local Government Model Financial Report.

(2)For the purposes of section 91(3)(d) of the Act, the prescribed matters include a statement of capital works for the financial years to which the statements describing the financial resources referred to in section 91(3)(a) of the Act relate.

6Statements describing other resource requirements

For the purposes of section 91(3)(d) of the Act, the prescribed matters include the following—

(a)a statement of human resources;

(b)a summary of planned expenditure in relation to the human resources referred to in the statement of human resources, categorised according to the organisational structure of the Council and classified separately as—

(i)permanent full time who are—

(A)women; or

(B)men; or

(C)persons of self-described gender; or

(ii)permanent part time staff who are—

(A)women; or

(B)men; or

(C)persons of self-described gender;

(c)a summary of the planned number of full time equivalent Council staff referred to in the statement of human resources, categorised according to the organisational structure of the Council and classified separately as—

(i)permanent full time staff who are—

(A)women; or

(B)men; or

(C)persons of self-described gender; or

(ii)permanent part time staff who are—

(A)women; or

(B)men; or

(C)persons of self-described gender.

PART 3—BUDGET

7The financial statements

(1)For the purposes of section 94(2)(a) of the Act, the financial statements included in a budget must—

(a)contain a statement of capital works for the budget year and subsequent 3 financial years; and

(b)be in the form set out in the Local Government Model Financial Report.

(2)For the purposes of section 95(2) of the Act, a revised budget must contain financial statements, including a statement of capital works for the budget year and subsequent 3 financial years.

8Other information to be included

(1)For the purposes of section 94(2)(j) of the Act, a budget must contain the following information in relation to the budget year to which it relates—

(a)the total amount to be borrowed (other than borrowings to refinance existing loans) during the budget year compared with the previous financial year;

(b)the information specified in subregulation (4);

(c)the information specified in subregulation (5) compared with the previous financial year;

(d)any potential significant changes that may affect the estimated amounts referred to in subregulation (5).

(2)For the purposes of section 95(2) of the Act, a revised budget must contain the following information in relation to the budget year to which the revised budget relates—

(a)the information specified in subregulation (4);

(b)any additional amount to be borrowed (other than borrowings to refinance existing loans) compared with the budget initially adopted or the most recent revised budget (as applicable);

(c)the information specified in subregulation (5) compared with the budget initially adopted for that financial year or the most recent revised budget (as applicable);

(d)any potential significant changes that may affect the estimated amounts referred to in subregulation (5).

(3)For the purposes of sections 94(2)(j) and 95(2) of the Act, a budget or revised budget must contain, in relation to the subsequent 3 financial years after the budget year—

(a)a summary of planned capital works expenditure—

(i)in relation to non-current assets classified in accordance with the model statement of capital works in the Local Government Model Financial Report; and

(ii)set out according to asset expenditure type; and

(b)the information specified in subregulation (4)(b), (c), (d), (e) and (ea).

(4)For the purposes of subregulations (1)(b) and (2)(a), the specified information is the following—

(a)a detailed list of planned capital works expenditure—

(i)in relation to non-current assets classified in accordance with the model statement of capital works in the Local Government Model Financial Report; and

(ii)set out according to asset expenditure type;

(b)a summary of funding sources in relation to the capital works expenditure referred to in paragraph (a) and subregulation (3)(a), classified separately as—

(i)grants; and

(ii)contributions; and

(iii)Council cash; and

(iv)borrowings;

(c)a statement of human resources;

(d)a summary of planned expenditure in relation to the human resources referred to in the statement of human resources, categorised according to the organisational structure of the Council and classified separately as—

(i)permanent full time staff who are—

(A)women; or

(B)men; or

(C)persons of self-described gender; or

(ii)permanent part time staff who are—

(A)women; or

(B)men; or

(C)persons of self-described gender;

(e)a summary of the planned number of full time equivalent Council staff referred to in the statement of human resources, categorised according to the organisational structure of the Council and classified separately as—

(i)permanent full time staff who are—

(A)women; or

(B)men; or

(C)persons of self-described gender; or

(ii)permanent part time staff who are—

(A)women; or

(B)men; or

(C)persons of self-described gender;

(ea)the performance indicators and measures set out in Schedule 4 and results expected by the Council in relation to those indicators and measures;

(f)a list of grants by type and source, classified separately as—

(i)recurrent grants to be used to fund operating expenditure; or

(ii)recurrent grants to be used to fund capital expenditure; or

(iii)non-recurrent grants to be used to fund operating expenditure; or

(iv)non-recurrent grants to be used to fund capital expenditure;

(g)the total amount borrowed as at 30 June of the budget year compared with the previous financial year;

(h)the total amount projected to be redeemed during the budget year compared with the previous financial year;

(i)if Council declares general rates under section 158 of the Local Government Act1989, the rate in the dollar to be levied for each type or class of land;

(j)the basis of valuation to be used under section 157 of the Local Government 1989.

(5)For the purposes of subregulations (1)(c) and (2)(c), the specified information is the following—

(a)the percentage change in the rate in the dollar to be levied for each type or class of land;

(b)the estimated amount to be raised by general rates in relation to each type or class of land;

(c)the estimated amount to be raised by general rates;

(d)the number of assessments in relation to each type or class of land;

(e)the number of assessments;

(f)the estimated value of each type or class of land;

(g)the estimated total value of land rated under section 158 of the Local Government Act1989;

(h)the municipal charge under section 159 of the Local Government Act 1989;

(i)the percentage change in the municipal charge;

(j)the estimated amount to be raised by municipal charges;

(k)the rate or unit amount to be levied for each type of service rate or charge under section 162 of the Local Government Act1989;

(l)the percentage change for each type of service rate or charge;

(m)the estimated amount to be raised by each type of service rate or charge;

(n)the estimated total amount to be raised by service rates and charges;

(o)the estimated total amount to be raised by all rates and charges.


PART 4—ANNUAL REPORT

Division 1—Report of operations

9Service performance indicators

(1)For the purposes of section 98(3)(c) of the Act, the prescribed indicators of service performance and the prescribed measures relating to those indicators are set out in Schedule 2.

(2)For the purposes of section 98(3)(d) of the Act, the prescribed information is the following—

(a)the results achieved in the preceding 3 financial years that correspond to the results referred to in section 98(3)(c) of the Act;

(b)an explanation of any material variations between the results referred to in paragraph (a);

(c)an assessment of Council's governance and management in the form set out in Schedule 1.

10General information

For the purposes of section 98(3)(d) of the Act, the prescribed information is a description of the operations of the Council that includes the following—

(a)information in relation to—

(i)economic or other factors that have had an impact on the Council's performance; and

(ii)major capital works expenditure of the Council; and

(iii)major changes that have taken place during the financial year in relation to the operations of the Council or the Council's organisational structure or methods of carrying out its strategic objectives and the reasons for those changes; and

(iv)other major achievements of the Council;

(b)information in relation to—

(i)services funded in the budget or revised budget; and

(ii)the persons or sections of the community who are provided with the services referred to in subparagraph (i);

(c)for the financial year commencing on 1 July 2021—

(i)for the period during which the Council has not adopted a Procurement Policy under section 108 of the Act, information in relation to—

(A)a list of contracts entered into by Council valued at $100 000 (or such higher amount fixed in accordance with section 186(1) of the Local Government Act 1989) or more in the circumstances referred to in section 186(5)(a) or (c) of the Local Government Act 1989 as in force immediately before its repeal; and

(B)a list of contracts entered into by Council valued at $100 000 (or such higher amount fixed in accordance with section 186(1) of the Local Government Act 1989) or more, other than in circumstances referred to in section 186(5) or (5A) of the Local Government Act 1989 as in force immediately before its repeal, for which the Council did not engage in a competitive process before entering into the contract; and

(ii)for the period during which the Council has adopted a Procurement Policy under section 108 of the Act, information in relation to—

(A)a list of contracts entered into by Council valued above the contract value at which the Council must invite a tender or seek an expression of interest under its Procurement Policy; and

(B)a list of contracts entered into by Council valued above the contract value at which the Council must invite a tender or seek an expression of interest under its Procurement Policy but for which the Council did not invite a tender or seek an expression of interest and which did not meet the conditions for the Council to purchase goods or services without inviting a public tender or seeking an expression of interest;

(d)for the financial year commencing on 1 July 2022 and subsequent financial years, information in relation to—

(i)a list of contracts entered into by Council valued above the contract value at which the Council must invite a tender or seek an expression of interest under its Procurement Policy; and

(ii)a list of contracts entered into by Council valued above the contract value at which the Council must engage a competitive process under its Procurement Policy but for which the Council did not invite a tender or seek an expression of interest and which did not meet the conditions for the Council to purchase goods or services without inviting a public tender or seeking an expression of interest;

(e)a list of the names of all Councillors and their dates of election and, if applicable, retirement;

(f)details of current allowances fixed for the Mayor, Lord Mayor (if any), Deputy Mayor (if any) and Councillors;

(g)details of the expenses, including reimbursement of expenses, paid by the Council for each Councillor and member of a Council committee, categorised separately as—

(i)travel expenses; and

(ii)professional development expenses; and

(iii)expenses to support the performance of the role;

(h)a list of any delegated committees established by the Council that are in operation, and the purpose for which each committee was established;

(i)information in relation to the organisational structure of the Council, including—

(i)the name of the Chief Executive Officer; and

(ii)the names and areas of responsibility of Council staff reporting directly to the Chief Executive Officer; and

(iii)a chart setting out the organisational structure of the Council;

(j)the business address, telephone number, e‑mail address and Internet site address of each Council office;

(k)a summary of the information which is publicly available for the purposes of the Council's public transparency policy adopted under section 57 of the Act and the ways in which that information can be accessed by members of the municipal community;

(l)a summary of the number of full time equivalent Council staff, categorised according to the organisational structure of the Council and classified separately as—

(i)permanent full time staff who are—

(A)women; or

(B)men; or

(C)persons of self-described gender; or

(ii)permanent part time staff who are—

(A)women; or

(B)men; or

(C)persons of self-described gender; or

(iii)casual Council staff who are—

(A)women; or

(B)men; or

(C)persons of self-described gender;

(m)a summary of the number of full time equivalent Council staff, categorised by employment classification, and the number of full time equivalent Council staff.

Division 2—Performance statement

11Performance indicators

(1)For the purposes of section 98(4)(a) of the Act, the prescribed indicators of service performance and the prescribed measures relating to those indicators are set out in Part 2 of Schedule 3.

(2)For the purposes of section 98(4)(b) of the Act, the prescribed indicators of financial performance and the prescribed measures relating to those indicators are set out in Part 3 of Schedule 3.

(3)For the purposes of section 98(4)(c) of the Act, the prescribed indicators of sustainable capacity performance and the prescribed measures relating to those indicators are set out in Part 4 of Schedule 3.

11AForm of performance statement

For the purposes of section 98(4) of the Act, the performance statement must be in the form set out in the Local Government Model Sector Performance Report.

12Performance results

For the purposes of section 98(4)(d) of the Act, the prescribed information is the following—

(a)the results achieved in the preceding 3 financial years that correspond to the results referred to in section 98(4)(a), (b) and (c) of the Act;

(b)the estimates forecast by the Council's budget or revised budget to be achieved in relation to the performance indicators and measures referred to in section 98(4)(b) of the Act;

(c)a description of the municipal district, including its size, location and population;

(d)an explanation of any material variations in the results referred to in section 98(4)(a), (b) and (c) of the Act and the corresponding results referred to in paragraph (a);

(e)an explanation of any material variations in the results referred to in section 98(4)(b) of the Act and the forecast results referred to in paragraph (b);

(f)targets in relation to the performance indicators and measures set out in—

(i)items 1, 2, 3 and 5 of the table in Part 2 of Schedule 3; and

(ii)items 2(a), 3(c), 4(a) and 5(a) of the table in Part 3 of Schedule 3;

(g)the results expected to be achieved, for the subsequent 3 financial years after the budget year, in relation to the performance indicators and measures referred to in paragraph (f).

13Certification of performance statement

(1)For the purposes of section 99(3)(b) of the Act, the prescribed persons are—

(a)the Chief Executive Officer; and

(b)the Principal Accounting Officer.

(2)For the purposes of section 99(3) of the Act, a performance statement included in a Council's annual report must be certified as follows—

"In my opinion, the accompanying performance statement has been prepared in accordance with the Local Government Act 2020 and the Local Government (Planning and Reporting) Regulations 2020.

Principal Accounting Officer

[Name] [Qualifications (if any)]

Dated:

In our opinion, the accompanying performance statement of the [Council name] for the year ended 30 June [year] presents fairly the results of Council's performance in accordance with the Local Government Act 2020 and the Local Government (Planning and Reporting) Regulations 2020.

The performance statement contains the relevant performance indicators, measures and results in relation to service performance, financial performance and sustainable capacity performance.

At the date of signing, we are not aware of any circumstances that would render any particulars in the performance statement to be misleading or inaccurate.

We have been authorised by the Council and by the Local Government (Planning and Reporting) Regulations 2020 to certify this performance statement in its final form.

Councillor

[Name]

Dated:

Councillor

[Name]

Dated:

Chief Executive Officer

[Name]

Dated:".

Division 3—Financial statements

14The financial statements

(1)For the purposes of section 98(5) of the Act, the prescribed information is the following—

(a)a statement of capital works for the financial year to which the financial statements relate;

(b)the amounts of money and assets held in trust, the purposes for which they are held and the nature of any restrictions on the way in which the money and assets may be applied;

(c)a list of grants by type and source, classified separately as—

(i)recurrent grants used to fund operating expenditure; and

(ii)recurrent grants used to fund capital expenditure; and

(iii)non-recurrent grants used to fund operating expenditure; and

(iv)non-recurrent grants used to fund capital expenditure;

(d)all assets and liabilities committed to joint venture activities;

(e)a comparison of the income and expenditure in the financial statements in the annual report with the income and expenditure in the financial statements in the budget or, if there is a revised budget, the revised budget;

(f)an explanation of any material variations identified under paragraph (e);

(g)a comparison of the capital expenditure in the statement of capital works in the annual report with the capital expenditure in the statement of capital works in the budget or, if there is a revised budget, the revised budget;

(h)an explanation of any material variations identified under paragraph (g).

(2)For the purposes of section 98(5) of the Act, the financial statements must—

(a)be prepared in accordance with the Local Government Model Financial Report; and

(b)include as notes the matters in subregulation (1) (except subregulation (1)(a)).

15Certification of financial statements

(1)For the purposes of section 99(3)(b) of the Act, the prescribed persons are—

(a)the Chief Executive Officer; and

(b)the Principal Accounting Officer.

(2)For the purposes of section 99(3) of the Act, the financial statements included in a Council's annual report must be certified as follows—

"In my opinion, the accompanying financial statements have been prepared in accordance with the Local Government Act 2020, the Local Government (Planning and Reporting) Regulations 2020, the Australian Accounting Standards and other mandatory professional reporting requirements.

Principal Accounting Officer

[Name] (Qualifications (if any)]

Dated:

In our opinion, the accompanying financial statements present fairly the financial transactions of the [Council name] for the year ended 30 June [year] and the financial position of the Council as at that date.

At the date of signing, we are not aware of any circumstances that would render any particulars in the financial statements to be misleading or inaccurate.

We have been authorised by the Council and by the Local Government (Planning and Reporting) Regulations 2020 to certify the financial statements in their final form.

Councillor

[Name]

Dated:

Councillor

[Name]

Dated:

Chief Executive Officer

[Name]

Dated:".


PART 5—SAVINGS AND TRANSITIONAL PROVISIONS

16Local Government (Planning and Reporting) Regulations 2014

Despite the revocation of the Local Government (Planning and Reporting) Regulations 2014[1], those Regulations as in force immediately before 24 October 2020 continue to apply in relation to the financial year which commenced on 1 July 2020.


SCHEDULE 1—ANNUAL REPORT—GOVERNANCE AND MANAGEMENT CHECKLIST IN REPORT OF OPERATIONS

Regulation 9

Column 1 Column 2
Governance and Management Items Assessment (select relevant box)
1    Community engagement policy (policy under section 55 of the Act outlining Council's commitment to engaging with the community on matters of public interest)

Adopted in accordance with section 55 of the Act

Date of adoption:

OR

Not adopted in accordance with section 55 of the Act

Reason for not adopting:

2    Community engagement guidelines (guidelines to assist staff to determine when and how to engage with the community)

Guidelines  

Date of commencement of current guidelines:

OR

No guidelines  

Reason for no guidelines:

3    Financial Plan (plan under section 91 of the Act outlining the financial and non‑financial resources required for at least the next 10 financial years)

Adopted in accordance with section 91 of the Act

Date of adoption:

OR

Not adopted in accordance
with section 91 of the Act

Reason for not adopting:

4    Asset Plan (plan under section 92 of the Act setting out the asset maintenance and renewal needs for key infrastructure asset classes for at least the next 10 years)

Adopted in accordance with section 92 of the Act

Date of adoption:

OR

Not adopted in accordance with section 92 of the Act

Reason for not adopting:

5    Revenue and Rating Plan (plan under section 93 of the Act setting out the rating structure of Council to levy rates and charges)

Adopted in accordance with section 93 of the Act

Date of adoption:

OR

Not adopted in accordance with section 93 of the Act

Reason for not adopting:

6    Annual budget (plan under section 94 of the Act setting out the services to be provided and initiatives to be undertaken during the budget year and the funding and other resources required)

Adopted in accordance with section 94 of the Act

Date of adoption:

OR

Not adopted in accordance
with section 94 of the Act

Reason for not adopting:

7    Risk policy (policy outlining Council's commitment and approach to minimising the risks to Council's operations)

Policy  

Date of commencement of current policy:

OR

No policy  

Reason for no policy:

8    Fraud policy (policy outlining Council's commitment and approach to minimising the risk of fraud)

Policy  

Date of commencement of current policy:

OR

No policy  

Reason for no policy:

9    Municipal emergency management planning (participation in meetings of the Municipal Emergency Management Planning Committee)

Municipal Emergency Management Planning Committee (MEMPC) meetings attended by one or more representatives of Council (other than the chairperson of the MEMPC) during the financial year      

Dates of MEMPC meetings attended:

OR

No MEMPC meetings
attended  

Reason for not attending:

10    Procurement Policy (policy under section 108 of the Act outlining the principles, processes and procedures that will apply to the purchase of goods and services by the Council)

Adopted in accordance with section 108
of the Act  

Date of adoption:

OR

Not adopted in accordance with section 108 of the Act

Reason for not adopting a policy:

11    Business continuity plan (plan setting out the actions that will be undertaken to ensure that key services continue to operate in the event of a disaster)

Plan  

Date of commencement of current plan:

OR

No plan  

Reason for no plan:

12    Disaster recovery plan (plan setting out the actions that will be undertaken to recover and restore business capability in the event of a disaster)

Plan  

Date of commencement of current plan:

OR

No plan  

Reason for no plan:

12A Complaint policy (policy under section 107 of the Act outlining Council's commitment and approach to managing complaints)

Developed in accordance with section 107 of the Act

Date of commencement of current policy:

OR

Not developed in accordance with section 107 of the Act

Reason for not developing:

12B Workforce plan (plan under section 46 of the Act outlining Council's commitment and approach to planning for current and future workforce requirements)

Developed in accordance with section 46 of the Act

Date of commencement of current plan:

OR

Not developed in accordance with section 46 of the Act

Reason for not developing:

12C Payment of rates and charges hardship policy (policy outlining Council's commitment and approach to assisting ratepayers who are experiencing financial hardship or difficulty paying their rates)

Policy  

Date of commencement of current policy:

OR

No policy  

Reason for no policy:

13    Risk management framework (framework outlining Council's approach to managing risks to the Council's operations)

Framework  

Date of commencement of current framework:

OR

No framework  

Reason for no framework:

14    Audit and Risk Committee (see sections 53 and 54 of the Act)

Established in accordance
with section 53 of the Act

Date of establishment:

OR

Not established in
accordance with section 53
of the Act  

Reason for not establishing:

15    Internal audit (independent accounting professionals engaged by the Council to provide analyses and recommendations aimed at improving Council's governance, risk and management controls)

Engaged  

Date of engagement of current provider:

OR

Not engaged  

Reason for not engaging audit provider:

16    Performance reporting framework (a set of indicators measuring financial and non‑financial performance, including the performance indicators referred to in section 98 of the Act)

Framework  

Date of adoption of current framework:

OR

No framework  

Reason for no framework:

17    Council Plan report (report reviewing the performance of the Council against the Council Plan, including the results in relation to the strategic indicators, for the first 6 months of the financial year)

Report  

Date of report:

OR

No report  

Reason for no report:

18    Quarterly budget reports (quarterly reports to the Council under section 97 of the Act, comparing actual and budgeted results and an explanation of any material variations)

Reports presented to the
Council in accordance with section 97(1) of the Act

Dates reports presented:

OR

No reports presented to
Council in accordance with section 97(1) of the Act

Reason for not presenting reports:

19    Risk reports (6-monthly reports of strategic risks to Council's operations, their likelihood and consequences of occurring and risk minimisation strategies)

Reports  

Dates of reports:

OR

No reports  

Reason for no reports:

20    Performance reports (6‑monthly reports of indicators measuring financial and non‑financial performance, including the performance indicators referred to in section 98 of the Act)

Reports  

Dates of reports:

OR

No reports  

Reason for no reports:

21    Annual report (annual report under sections 98 and 99 of the Act containing a report of operations and audited financial and performance statements)

Presented at a meeting of
the Council in accordance
with section 100 of the Act

Date of presentation:

OR

Not presented at a meeting
of the Council in accordance
with section 100 of the Act

Reason for not presenting annual report:

22    Councillor Code of Conduct (Code under section 139 of the Act setting out the standards of conduct to be followed by Councillors and other matters)

Reviewed and adopted in accordance with section 139
of the Act  

Date reviewed and adopted:

OR

Not reviewed and adopted in accordance with section 139
of the Act  

Reason for not reviewing and adopting:

23    Delegations (documents setting out the powers, duties and functions of Council and the Chief Executive Officer that have been delegated to members of staff, in accordance with sections 11 and 47 of the Act)

Reviewed in accordance with section 11(7) of the Act and a register kept in accordance with sections 11(8) and 47(7)
of the Act  

Date of review under section 11(7):

OR

Not reviewed in accordance with section 11(7) of the Act or register not kept in accordance with sections 11(8) and 47(7)
of the Act  

Reason for no review or no register:

24    Meeting procedures (Governance Rules under section 60 of the Act governing the conduct of meetings of Council and delegated committees)

Governance Rules adopted in accordance with section 60
of the Act  

Date Governance Rules adopted:

OR

No Governance Rules adopted in accordance with section 60 of the Act

Reason for not adopting Governance Rules:

I certify that this information presents fairly the status of Council's governance and management arrangements.

Signature of Chief Executive Officer:

Date:

Signature of Mayor:

Date:

SCHEDULE 2—ANNUAL REPORT—SERVICE
PERFORMANCE INDICATORS IN REPORT OF OPERATIONS

Regulation 9

Definitions

In this Schedule—

class 1 food premises means food premises, within the meaning of the Food Act 1984, that have been declared as class 1 food premises under section 19C of that Act;

class 2 food premises means food premises, within the meaning of the Food Act 1984, that have been declared as class 2 food premises under section 19C of that Act;

critical non-compliance outcome notification means a notification received by Council under section 19N(3) or (4) of the Food Act 1984, or advice given to Council by an authorized officer under that Act, of a deficiency that poses an immediate serious threat to public health;

food premises has the same meaning as in the Food Act 1984;

major non-compliance outcome notification means a notification received by a Council under section 19N(3) or (4) of the Food Act 1984, or advice given to Council by an authorized officer under that Act, of a deficiency that does not pose an immediate serious threat to public health but may do so if no remedial action is taken;

relevantrequired time means the relevant time prescribed for the purposes of section 79 of the Planning and Environment Act 1987 in regulations made under that Act;

required number of food samples means the number of food samples that must be obtained and submitted for analysis by a Council, as specified in a declaration made under section 32A of the Food Act 1984 and published in the Government Gazette.

1  Governance

Indicator Measure

(a)  Transparency (Council decisions made at a meeting of Council, or at a meeting of a delegated committee consisting only of Councillors, in an open and transparent manner)

Council resolutions made at meetings closed to the public (percentage of Council resolutions made at a meeting of Council, or at a meeting of a delegated committee consisting only of Councillors, closed to the public under section 66(1) of the Act)

Number of Council resolutions made at meetings of Council, or at meetings of a delegated committee consisting only of Councillors, closed to the public

× 100

Number of Council resolutions made at meetings of Council or at meetings of a delegated committee consisting only of Councillors
(b)  Consultation and engagement (Council decisions made and implemented with community input)

Satisfaction with community consultation and engagement (community satisfaction rating out of 100 with the consultation and engagement efforts of Council)

Community satisfaction rating out of 100 with how Council has performed on community consultation and engagement

(c)  Attendance (Councillors represent the views of their constituents and allow decisions to take place by attending meetings)

Councillor attendance at Council meetings (percentage of attendance at Council meetings by Councillors)

The sum of the number of Councillors who attended each Council meeting

× 100

(Number of Council meetings) × (Number of Councillors elected at the last Council general election)
(d)  Service cost (Councillors perform their governance role in a cost-efficient manner)

Cost of elected representation (direct cost of delivering Council's governance service per Councillor)

Direct cost of the governance service
Number of Councillors elected at the last Council general election
(e)  Satisfaction (Councils make and implement decisions in the best interests of the community)

Satisfaction with Council decisions (community satisfaction rating out of 100 with how Council has performed in making decisions in the best interests of the community)

Community satisfaction rating out of 100 with the performance of Council in making decisions in the best interests of the community

2  Statutory planning

Indicator Measure
(a)  Timeliness (Council planning application processing and decisions are carried out in a timely manner)

Time taken to decide planning applications (median number of days between receipt of a planning application and a decision on the application)

The median number of days between receipt of a planning application and a decision on the application
(b)  Service standard (planning application processing and decisions are in accordance with legislative requirements)

Planning applications decided within the relevant required time (percentage of planning application decisions made within the relevant required time)

Number of planning application decisions made within the relevant required time × 100
Number of planning application decisions made
(c)  Service cost (planning application processing and decisions are carried out in a cost-efficient manner)

Cost of statutory planning service (direct cost of the statutory planning service per planning application) 

Direct cost of the statutory planning service
Number of planning applications received
(d)  Decision making (planning application processing and decisions are consistent with the local planning scheme)

Council planning decisions upheld at VCAT (percentage of planning application decisions subject to review by VCAT and that were not set aside)

Number of VCAT decisions that did not set aside Council's decision in relation to a planning application × 100
Number of VCAT decisions in relation to planning applications

3  Roads

Indicator Measure
(a)  Satisfaction of use (road users are satisfied with the sealed local road network)

Sealed local road requests (number of sealed local road requests per 100 kilometres of sealed local road)

Number of sealed local road requests × 100
Kilometres of sealed local roads

(b)  Condition (sealed local roads are maintained at the adopted condition standard)

Sealed local roads below the intervention level (percentage of sealed local roads that are below the renewal intervention level set by Council and not requiring renewal)

Number of kilometres of sealed local roads below the renewal intervention level set by Council

× 100

Kilometres of sealed local roads
(c)  Service cost (renewal and maintenance of sealed local roads are undertaken in a cost-efficient manner)

Cost of sealed local road reconstruction (direct reconstruction cost per square metre of sealed local roads reconstructed)

Direct cost of sealed local road reconstruction
Square metres of sealed local roads reconstructed

Cost of sealed local road resealing (direct resealing cost per square metre of sealed local roads resealed)

Direct cost of sealed local road resealing
Square metres of sealed local roads resealed
(d)  Satisfaction (sealed local road network is maintained and renewed to ensure that it is safe and efficient)

Satisfaction with sealed local roads (community satisfaction rating out of 100 with how Council has performed on the condition of sealed local roads)

Community satisfaction rating out of 100 with how Council has performed on the condition of sealed local roads

4   Libraries

Indicator Measure
(a)  Utilisation (library services are well utilised)

Loans per head of population (number of library collection item loans per head of population)

Number of library collection item loans
Population
(b)  Resource currency (libraries have new resources available to members)

Recently purchased library collection (percentage of the library collection that has been purchased in the last 5 years)

Number of library collection items purchased in the last 5 years
× 100
Number of library collection items
(c)  Service cost (delivery of library services is undertaken in a cost-efficient manner)

Cost of library service (direct cost of the library service per head of population)

Direct cost of the library service
Population
(d)  Participation (library resources are free, accessible and well utilised)

Library membership (percentage of the population that are registered library members)

Number of registered library members × 100
Population

Library visits per head of population (number of library visits per head of population)

Number of library visits
Population

5  Waste management

Indicator

Measure

       *                *                *                *                *

(b)  Service standard (kerbside collection bins are collected as planned)

Kerbside collection bins missed (number of kerbside collection bins missed per 10 000 scheduled kerbside collection bin lifts)

Number of kerbside garbage and recycling collection bins missed

× 10 000

Number of scheduled kerbside garbage and recycling collection bin lifts
(c)  Service cost (kerbside collection service is delivered in a cost-efficient manner)

Cost of kerbside garbage collection service (direct cost of the kerbside garbage bin collection service per kerbside garbage collection bin)

Direct cost of the kerbside garbage bin collection service
Number of kerbside garbage collection bins

Cost of kerbside recycling bin collection service (direct cost of the kerbside recycling bin collection service per kerbside recycling collection bin)

Direct cost of the kerbside recycling bin collection service
Number of kerbside recycling collection bins

(d)  Waste diversion (amount of waste diverted from landfill is maximised)

Kerbside collection waste diverted from landfill (percentage of recyclables and green organics collected from kerbside bins that is diverted from landfill)

Weight of recyclables and green organics collected from kerbside bins

× 100

Weight of garbage, recyclables and green organics collected from kerbside bins

6  Aquatic facilities

Indicator Measure
(a)  Service standard (aquatic facilities are inspected by a qualified officer)

Health inspections of aquatic facilities (number of inspections by an authorised officer within the meaning of the Public Health and Wellbeing Act 2008 carried out per Council aquatic facility)

Number of authorised officer inspections of Council aquatic facilities
Number of Council aquatic facilities
(b)  Service cost (provision of aquatic facilities is undertaken in a cost-efficient manner)

Cost of aquatic facilities (direct cost less any income received from providing aquatic facilities per visit)

Direct cost of aquatic facilities less income received
Number of visits to aquatic facilities
(c)  Utilisation (aquatic facilities are safe, accessible and well utilised)

Utilisation of aquatic facilities (number of visits to aquatic facilities per head of population)

Number of visits to aquatic facilities
Population

7  Animal management

Indicator Measure
(a)  Timeliness (Councils act in response to animal management related requests in a timely manner)

Time taken to action animal requests (average number of days it takes for Council to action animal management related requests)

Number of days between receipt and first response action for all animal management related requests
Number of animal management related requests
(b)  Service standard (Councils register all animals in the municipal district in accordance with the Domestic Animals Act 1994)

Animals reclaimed (percentage of collected registrable animals under the Domestic Animals Act 1994 reclaimed)

Number of animals reclaimed × 100
Number of animals collected

Animals rehomed (percentage of collected registrable animals under the Domestic Animals Act 1994 that are not reclaimed but are rehomed)

Number of unclaimed collected animals rehomed × 100
Number of unclaimed collected animals
(c)  Service cost (animal management service is delivered in a cost-efficient manner)

Cost of animal management service (direct cost of the animal management service per head of population)

Direct cost of the animal management service
Population
(d)  Health and safety (animal management service protects the health and safety of animals, humans and the environment)

Animal management prosecutions (percentage of animal management prosecutions which are successful)

Number of successful animal management prosecutions
Total number of animal management prosecutions

8  Food safety

Indicator

Measure

(a)  Timeliness (Councils take action in response to food complaints in a timely manner)

Time taken to action food complaints (average number of days it takes for Council to action food complaints received from members of the public about the safety or handling of food for sale)

Number of days between receipt and first response action for all food complaints
Number of food complaints

(b)  Service standard (food safety service is provided in accordance with legislative requirements)

Food safety assessments (percentage of registered class 1 food premises and class 2 food premises that receive an annual food safety assessment)

Number of registered class 1 food premises and class 2 food premises that receive an annual food safety assessment in accordance with the Food Act 1984 × 100
Number of registered class 1 food premises and class 2 food premises that require an annual food safety assessment in accordance with the Food Act 1984

Food safety samples (percentage of food samples obtained per required number of food samples)

Number of food samples obtained ×100
Required number of food samples




× 100

(c)  Service cost (food safety service is delivered in a cost-efficient manner)

Cost of food safety service (direct cost of the food safety service per food premises registered by Council, or for which Council has received notification, during the financial year)

Direct cost of the food safety service
Number of food premises registered or notified in accordance with the Food Act 1984
(d)  Health and safety (food safety service protects public health by preventing the sale of unsafe food)

Critical and major non‑compliance outcome notifications (percentage of critical and major non-compliance outcome notifications that are followed up by Council)

Number of critical non-compliance outcome notifications and major non-compliance outcome notifications about a food premises followed up × 100
Number of critical non-compliance outcome notifications and major non-compliance outcome notifications about food premises

9  Maternal and Child Health

Indicator Measure
(a)  Satisfaction (clients satisfied with the MCH service)

Participation in 4-week key age and stage visit (percentage of infants enrolled in the MCH service who receive the 4-week key age and stage visit)

Number of 4-week key age and stage visits × 100
Number of birth notifications received
(b)  Service standard (MCH service is provided in accordance with agreed standards)

Infant enrolments in the MCH service (percentage of infants enrolled in the MCH service)

Number of infants enrolled in the MCH service (from birth notifications received) × 100
Number of birth notifications received
(c)  Service cost (MCH service is delivered in a cost-efficient manner)

Cost of the MCH service (cost of the MCH service per hour of service delivered)

Cost of the MCH service
Hours worked by MCH nurses
(d)  Participation (Councils promote healthy outcomes for children and their families)

Participation in the MCH service (percentage of children enrolled who participate in the MCH service)

Number of children who attend the MCH service at least once (in the financial year) × 100
Number of children enrolled in the MCH service

Participation in the MCH service by Aboriginal children (percentage of Aboriginal children enrolled who participate in the MCH service)

Number of Aboriginal children who attend the MCH service at least once (in the financial year) × 100
Number of Aboriginal children enrolled in the MCH service

SCHEDULE 3—ANNUAL REPORT—PERFORMANCE
INDICATORS IN PERFORMANCE STATEMENT

Regulations 11 and 12

Part 1—Preliminary

Definitions

In this Schedule and in Schedule 4—

adjusted underlying revenue means total income other than—

(a)non-recurrent grants used to fund capital expenditure; and

(b)non-monetary asset contributions; and

(c)contributions to fund capital expenditure from sources other than those referred to in paragraphs (a) and (b);

adjusted underlying surplus (or deficit) means adjusted underlying revenue less total expenditure;

current liability has the same meaning as in the AAS;

infrastructure means non-current property, plant and equipment excluding land;

non-current liability means any liability other than a current liability;

own-source revenue means adjusted underlying revenue other than revenue that is not under the control of Council (including government grants);

rate revenue means revenue from general rates, municipal charges, service rates and service charges;

relative socio-economic disadvantage, in relation to a municipal district, means the relative socio-economic disadvantage, expressed as a decile for the relevant financial year, of the area in which the municipal district is located according to the Index of Relative Socio-Economic Disadvantage (Catalogue Number 2033.0.55.001) of SEIFA;

restricted cash means cash, cash equivalents and financial assets, within the meaning of the AAS, not available for use other than for a purpose for which it is restricted, and includes cash to be used to fund capital works expenditure from the previous financial year;

SEIFAmeans the Socio-Economic Indexes for Areas published from time to time by the Australian Bureau of Statistics on its Internet site;

unrestricted cash means all cash, cash equivalents and financial assets, within the meaning of the AAS, other than restricted cash.

Part 2—Service performance indicators

1  Governance

Indicator

Measure

Consultation and engagement (Council decisions made and implemented with community input)

Satisfaction with community consultation and engagement (community satisfaction rating out of 100 with the consultation and engagement efforts of Council)

Community satisfaction rating out of 100 with how Council has performed on community consultation and engagement

2  Statutory planning

Indicator Measure
Service standard (planning application processing and decisions are in accordance with legislative requirements)

Planning applications decided within the relevant required time (percentage of planning application decisions made within the relevant required time)

 Number of planning application decisions made within the relevant required time × 100
Number of planning application decisions made

3  Roads

Indicator Measure
Condition (sealed local roads are maintained at the adopted condition standard)

Sealed local roads below the intervention level (percentage of sealed local roads that are below the renewal intervention level set by Council and not requiring renewal)

Number of kilometres of sealed local roads below the renewal intervention level set by Council × 100
Kilometres of sealed local roads

4  Libraries

Indicator Measure
Participation (library resources are free, accessible and well utilised)

Library membership (percentage of the population that are registered library members)

Number of registered library members × 100
Population

5  Waste management

Indicator Measure
Waste diversion (amount of waste diverted from landfill is maximised)

Kerbside collection waste diverted from landfill (percentage of recyclables and green organics collected from kerbside bins that is diverted from landfill)

Weight of recyclables and green organics collected from kerbside bins × 100
Weight of garbage, recyclables and green organics collected from kerbside bins

6  Aquatic facilities

Indicator Measure
Utilisation (aquatic facilities are safe, accessible and well utilised)

Utilisation of aquatic facilities (number of visits to aquatic facilities per head of population)

Number of visits to aquatic facilities
Population

7  Animal management

Indicator Measure
Health and safety (animal management service protects the health and safety of animals, humans and the environment)

Animal management prosecutions (percentage of animal management prosecutions which are successful)

Number of successful animal management prosecutions
Total number of animal management prosecutions

8  Food safety

Indicator Measure
Health and safety (food safety service protects public health by preventing the sale of unsafe food)

Critical and major non‑compliance outcome notifications (percentage of critical and major non-compliance outcome notifications that are followed up by Council)

Number of critical non-compliance outcome notifications and major non-compliance outcome notifications about a food premises followed up × 100
Number of critical non-compliance outcome notifications and major non-compliance outcome notifications about food premises

9  Maternal and Child Health

Indicator Measure
Participation (Councils promote healthy outcomes for children and their families)

Participation in the MCH service (percentage of children enrolled who participate in the MCH service)

Number of children who attend the MCH service at least once (in the financial year) × 100
Number of children enrolled in the MCH service

Participation in the MCH service by Aboriginal children (percentage of Aboriginal children enrolled who participate in the MCH service)

Number of Aboriginal children who attend the MCH service at least once (in the financial year) × 100
Number of Aboriginal children enrolled in the MCH service

Part 3—Financial performance indicators

1  Operating position

Indicator Measure
Adjusted underlying result (an adjusted underlying surplus is generated in the ordinary course of business)

Adjusted underlying surplus (or deficit) (adjusted underlying surplus (or deficit) as a percentage of adjusted underlying revenue)

Adjusted underlying surplus (or deficit) × 100
Adjusted underlying revenue

2  Liquidity

Indicator Measure

(a)  Working capital (sufficient working capital is available to pay bills as and when they fall due)

Current assets compared to current liabilities (current assets as a percentage of current liabilities)

Current assets × 100
Current liabilities

(b)  Unrestricted cash (sufficient cash that is free of restrictions is available to pay bills as and when they fall due)

Unrestricted cash compared to current liabilities (unrestricted cash as a percentage of current liabilities)

Unrestricted cash × 100
Current liabilities

3  Obligations

Indicator Measure
(a)  Loans and borrowings (level of interest bearing loans and borrowings is appropriate to the size and nature of Council's activities)

Loans and borrowings compared to rates (interest bearing loans and borrowings as a percentage of rate revenue)

Interest bearing loans and borrowings × 100
Rate revenue

Loans and borrowings repayments compared to rates (interest and principal repayments on interest bearing loans and borrowings as a percentage of rate revenue)

Interest and principal repayments on interest bearing loans and borrowings

× 100

Rate revenue
(b)  Indebtedness (level of long term liabilities is appropriate to the size and nature of a Council's activities)

Non-current liabilities compared to own-source revenue (non-current liabilities as a percentage of own-source revenue) 

Non-current liabilities × 100
Own-source revenue
(c)  Asset renewal (assets are renewed as planned)

Asset renewal compared to depreciation (asset renewal and upgrade expense as a percentage of depreciation)

Asset renewal and upgrade expense × 100
Asset depreciation

4  Stability

Indicator Measure
(a)  Rates concentration (revenue is generated from a range of sources)

Rates compared to adjusted underlying revenue (rate revenue as a percentage of adjusted underlying revenue)

Rate revenue × 100
Adjusted underlying revenue
(b)  Rates effort (rating level is set based on the community's capacity to pay)

Rates compared to property values (rate revenue as a percentage of the capital improved value of rateable properties in the municipal district)

Rate revenue × 100
Capital improved value of rateable properties in the municipal district

5  Efficiency

Indicator Measure
(a)  Expenditure level (resources are used efficiently in the delivery of services)

Expenses per property assessment (total expenses per property assessment)

Total expenses
Number of property assessments

(b)  Revenue level (resources are used efficiently in the delivery of services)

Average rate per property assessment (general rates and municipal charges per property assessment)

Sum of all general rates and municipal charges

Number of property assessments

Part 4—Sustainable capacity performance indicators


Indicator

Measure
(a)  Own-source revenue (revenue is generated from a range of sources in order to fund the delivery of services to the community)

Own-source revenue per head of population (own-source revenue per head of population)

Own-source revenue
Population
(b)  Recurrent grants (revenue is generated from a range of sources in order to fund the delivery of services to the community)

Recurrent grants per head of population (recurrent grants per head of population)

Recurrent grants
Population

(c)  Population (population is a key driver of a Council's ability to fund the delivery of services to the community)

Expenses per head of population (total expenses per head of population)

Total expenses
Population

Infrastructure per head of population (value of infrastructure per head of population)

Value of infrastructure
Population

Population density per length of road (population per kilometre of local road)

Population
Kilometres of local roads
(d)  Disadvantage (disadvantage is a key driver of a Council's ability to fund the delivery of services to the community)

Relative socio-economic disadvantage (relative socio-economic disadvantage of the municipal district)

Index of relative socio-economic disadvantage by decile

(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)

Number of permanent staff resignations and terminations for the financial year × 100
Average number of permanent staff for the financial year

SCHEDULE 4—BUDGET—PERFORMANCE INDICATORS

Regulation 8

1  Governance

Indicator Measure
Consultation and engagement (Council decisions made and implemented with community input)

Satisfaction with community consultation and engagement (community satisfaction rating out of 100 with the consultation and engagement efforts of Council)

Community satisfaction rating out of 100 with how Council has performed on community consultation and engagement

2  Statutory planning

Indicator Measure

Service standard (planning application processing and decisions are in accordance with legislative requirements)

Planning applications decided within the relevant required time (percentage of planning application decisions made within the relevant required time)

Number of planning application decisions made within the relevant required time × 100
Number of planning application decisions made

3  Roads

Indicator Measure
Condition (sealed local roads are maintained at the adopted condition standard)

Sealed local roads below the intervention level (percentage of sealed local roads that are below the renewal intervention level set by Council and not requiring renewal)

Number of kilometres of sealed local roads below the renewal intervention level set by Council × 100
Kilometres of sealed local roads

4  Waste management

Indicator Measure
Waste diversion (amount of waste diverted from landfill is maximised)

Kerbside collection waste diverted from landfill (percentage of recyclables and green organics collected from kerbside bins that is diverted from landfill)

Weight of recyclables and green organics collected from kerbside bins × 100
Weight of garbage, recyclables and green organics collected from kerbside bins

5  Efficiency

Indicator Measure
Expenditure level (resources are used efficiently in the delivery of services)

Expenses per property assessment (total expenses per property assessment)

Total expenses
Number of property assessments

6  Stability

Indicator Measure

Rates concentration (revenue is generated from a range of sources)

Rates compared to adjusted underlying revenue (rate revenue as a percentage of adjusted underlying revenue)

Rate revenue × 100
Adjusted underlying revenue

7  Liquidity

Indicator Measure
Working capital (sufficient working capital is available to pay bills as and when they fall due)

Current assets compared to current liabilities (current assets as a percentage of current liabilities)

Current assets × 100
Current liabilities

8  Obligations

Indicator Measure
Asset renewal (assets are renewed as planned)

Asset renewal compared to depreciation (asset renewal and upgrade expense as a percentage of depreciation)

Asset renewal and upgrade expense × 100
Asset depreciation

═════════════


ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Local Government (Planning and Reporting) Regulations 2020, S.R. No. 117/2020 were made on 20 October 2020 by the Governor in Council under section 325 of the Local Government Act 2020, No. 9/2020 and came into operation on 24 October 2020: regulation 3.

The Local Government (Planning and Reporting) Regulations 2020 will sunset 10 years after the day of making on 20 October 2030 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 
See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule.  Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule.  See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Local Government (Planning and Reporting) Regulations 2020 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Local Government (Planning and Reporting) Amendment Regulations 2022, S.R. No. 126/2022

Date of Making: 25.10.22
Date of Commencement: Regs 7, 13 on 1.1.23: reg. 3(1); regs 5, 6, 8–12 on 1.7.23: reg. 3(2)

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details


[1] Reg. 16: S.R. No. 17/2014 as amended by S.R. Nos 47/2015, 64/2017 and 37/2019.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 117/2020 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document

Regulation 4 (definitions of AAS and current asset)

Regulation 15

Part 1 of Schedule 3 (definitions of current liability, restricted cash and unrestricted cash)

Australian Accounting Standards published by the Australian Accounting Standards Board The whole

Regulation 4 (definitions of Local Government Model Financial Report and statement of capital works)

Regulations 5, 7 and 14

Local Government Model Financial Report published by the Department and continued in force under Part 6 of the Local Government Act 1989 as if that Part had not been repealed The whole
Regulation 8 Local Government Model Financial Report published by the Department and continued in force under Part 6 of the Local Government Act 1989 as if that Part had not been repealed Model statement of capital works
Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document

Indicator (d) in Part 4 of Schedule 3

Part 1 of Schedule 3 (definitions of SEIFA and relative socio-economic disadvantage)

Census of Population and Housing: Socio-Economic Indexes for Areas (SEIFA) Australia, 2016 (Catalogue Number 2033.0.55.001) published by the Australian Bureau of Statistics Local Government Area (LGA) Index of Relative Socio‑economic Disadvantage, 2016

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter was included in S.R. No. 126/2022 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document
Regulation 6(a), which inserts the definition of Local Government Model Sector Performance Report in regulation 4 of the Local Government (Planning and Reporting) Regulations 2020, and regulation 8, which inserts new regulation 11A in the Local Government (Planning and Reporting) Regulations 2020 Local Government Model Sector Performance Report published by the Department, as amended from time to time The whole
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