ORANGE CITY COUNCIL
Ordinary Council Meeting
Agenda
6 June 2017
Notice is hereby given, in accordance with the provisions of the Local Government Act 1993 that a Ordinary meeting of ORANGE CITY COUNCIL will be held in the Council Chamber, Civic Centre, Byng Street, Orange on Tuesday, 6 June 2017 commencing at 7.00pm.
Garry Styles
General Manager
For apologies please contact Michelle Catlin on 6393 8246.
Council Meeting 6 June 2017
In the event of an emergency, the building may be evacuated. You will be required to vacate the building by the rear entrance and gather at the breezeway between the Library and Art Gallery buildings. This is Council's designated emergency muster point.
Under no circumstances is anyone permitted to re-enter the building until the all clear has been given and the area deemed safe by authorised personnel.
In the event of an evacuation, a member of Council staff will assist any member of the public with a disability to vacate the building.
1.1 Apologies and Leave of Absence
1.2 Acknowledgement of Country
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE OPEN FORUM
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 16 May 2017
COUNCIL MEETING ADJOURNS FOR THE CONDUCT OF THE POLICY COMMITTEES
4 Notices of Motion/Notices of Rescission
6 Closed Meeting - See Closed Agenda
6.2 Solar Power Purchase Agreements Aquatic Centre and Civic Centre
6.4 General Manager's Performance Appraisal
6.5 Complaints under Orange City Council Code of Conduct
7 Resolutions from closed meeting
1.1 Apologies and Leave of Absence
1.2 Acknowledgement of Country
I would like to acknowledge the Wiradjuri people who are the Traditional Custodians of the Land. I would also like to pay respect to the Elders both past and present of the Wiradjuri Nation and extend that respect to other Aboriginal Australians who are present.
The provisions of Chapter 14 of the Local Government Act, 1993 (the Act) regulate the way in which Councillors and designated staff of Council conduct themselves to ensure that there is no conflict between their private interests and their public role.
The Act prescribes that where a member of Council (or a Committee of Council) has a direct or indirect financial (pecuniary) interest in a matter to be considered at a meeting of the Council (or Committee), that interest must be disclosed as soon as practicable after the start of the meeting and the reasons given for declaring such interest.
As members are aware, the provisions of the Local Government Act restrict any member who has declared a pecuniary interest in any matter from participating in the discussion or voting on that matter, and requires that member to vacate the Chamber.
Council’s Code of Conduct provides that if members have a non-pecuniary conflict of interest, the nature of the conflict must be disclosed. The Code of Conduct also provides for a number of ways in which a member may manage non pecuniary conflicts of interest.
Recommendation It is recommended that Councillors now disclose any conflicts of interest in matters under consideration by the Council at this meeting.
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3 Confirmation of Minutes of Previous Meeting
RECOMMENDATION That the Minutes of the Ordinary Meeting of Orange City Council held on 16 May 2017 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate records of the proceedings of the Council meeting held on 16 May 2017. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 16 May 2017
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 16 May 2017
COMMENCING AT 7.00pm
1 Introduction
Attendance
Cr J Davis OAM (Mayor), Cr J Hamling (Deputy Mayor), Cr A Brown, Cr K Duffy, Cr R Gander, Cr C Gryllis, Cr N Jones, Cr R Kidd, Cr S Munro, Cr G Taylor, Cr R Turner, Cr J Whitton
General Manager, Director Corporate and Commercial Services, Director Development Services, Director Community, Recreation and Cultural Services, Manager Administration and Governance, Manager Corporate and Community Relations, Operations Manager, Works Manager
1.1 APOLOGIES
Nil
1.2 OPENING PRAYER
ROBERT MCKEAN OF THE ST JAMES PRESBYTERIAN CHURCH LED THE COUNCIL IN PRAYER
1.3 ACKNOWLEDGEMENT OF COUNTRY
1.4 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Nil
PRESENTATION – BMX CLUB
Mrs Natalie Pavy outlined the BMX
Club’s progress on developing the track and advised the Club required
approximately $20,000 to complete the starting gate, hill and concrete pad.
2 Mayoral Minutes
Refer to Closed Meeting – Item 6.6
LATE ITEMS
RESOLVED - 17/191 Cr R Gander/Cr S Munro That the following late items be dealt with at the meeting of Orange City Council held on 16 May 2017: Item 6.5 Burrendong Way Reconstruction – Contractor Performance Matters Item 6.6 Performance Appraisal
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3 Confirmation of Minutes of Previous Meeting
RESOLVED - 17/192 Cr R Gander/Cr S Munro That the Minutes of the Ordinary Meeting of Orange City Council held on 2 May 2017 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 2 May 2017. |
RESOLVED - 17/193 Cr S Munro/Cr J Whitton That the Minutes of the Extraordinary Meeting of Orange City Council held on 9 May 2017 (copies of which were circulated to all members) be and are hereby confirmed as a true and accurate record of the proceedings of the Council meeting held on 9 May 2017. |
4 Notices of Motion/Notices of Rescission
4.1 Tree surrounds in Lords Place TRIM Reference: 2017/912 |
RESOLVED - 17/194 Cr N Jones/Cr J Hamling That Council rescind the decision of the Infrastructure Policy Committee of 2 May 2017 in relation to the removal of concrete tree surrounds in Lords Place, as follows: RESOLVED - 17/166 Cr R Kidd/Cr S Munro That the concrete tree surrounds in Lords Place from Byng Street to Kite Street be removed and replaced with street posts around the trees, to create additional car parking spaces.
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5 General Reports
5.1 Recommendations and Resolutions from Policy Committees TRIM Reference: 2017/877 |
RESOLVED - 17/195 Cr R Kidd/Cr J Hamling 1 That the resolutions made by the Planning and Development Committee at its meeting held on 2 May 2017 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 2 May 2017 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 2 May 2017 be noted. 4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 2 May 2017 be noted. 5 That the resolutions made by the Finance Policy Committee at its meeting held on 2 May 2017 be noted. 6 That the resolutions made by the Services Policy Committee at its meeting held on 2 May 2017 be noted.
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5.2 Outstanding Questions Taken on Notice TRIM Reference: 2017/878 |
RESOLVED - 17/196 Cr C Gryllis/Cr S Munro That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged.
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MATTER ARISING
RESOLVED - 17/197 Cr C Gryllis/Cr J Davis That Council receive a report on making other water reserves available for recreational purposes at the June Council Meeting.
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5.3 March Quarterly Budget Review and Performance Indicators TRIM Reference: 2017/916 |
RESOLVED - 17/198 Cr K Duffy/Cr C Gryllis 1 That the information provided in the report on the Quarterly Budget Review and Performance Indicators – January to March 2017, be acknowledged. 2 That the variations arising from the Quarterly Budget Review, amounting to an improvement of $1,539,698 be adopted.
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5.4 Statement of Investments - April 2017 TRIM Reference: 2017/925 |
RESOLVED - 17/199 Cr J Hamling/Cr S Munro 1 That Council receives the Statement of Investments as at 30 April 2017. 2 That Council receives and adopts the certification of the Responsible Accounting Officer.
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5.5 Strategic Policy Review - ST136 TRIM Reference: 2017/809 |
RESOLVED - 17/200 Cr S Munro/Cr R Kidd That Strategic Policy ST136 – Orange Aquatic Centre – Conditions of Entry be adopted.
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5.6 Reduction of 2016/17 second and third quarter water/sewerage charges - 113 March Street Orange TRIM Reference: 2017/830 |
RESOLVED - 17/201 Cr S Munro/Cr C Gryllis 1 That the 2016/17 third quarter water consumption charge for TAFE at 113 March Street, Orange of $10,103.77 be reduced by 40% and the combined sewer/trade waste charge of $9,557.49 be reduced to $2,425.30 pro-rata to previous consumption. 2 That the 2016/17 second quarter water consumption charge for TAFE at 113 March Street, Orange of $24,516.00 be reduced by 40% and the combined sewer/trade waste charge of $22,690.40 be reduced to $2,880.37 pro-rata to previous consumption.
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6 Closed Meeting
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
In response to a question from the Mayor, the General Manager advised that no written submissions had been received relating to any item listed for consideration by the Closed Meeting of Council.
The Mayor extended an invitation to any member of the public present at the meeting to make a presentation to the Council as to whether the meeting should be closed for a particular item.
RESOLVED - 17/202 Cr S Munro/Cr C Gryllis That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 Loan Borrowings 2017 Financial Year This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.2 Reduction of 2016/17 Second and Third Quarter Water Consumption Charges - Ophir Road Orange This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer. 6.3 Reduction of 2016/17 Third Quarter Water Consumption Charges 5 Fawcett Ridge Clifton Grove This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (b) the personal hardship of any resident or ratepayer. 6.4 Gold Coast 2018 Commonwealth Games Queen's Baton Relay Council Selected Batonbearer This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. |
6.5 Burrendong Way Reconstruction - Contractor Performance Matters This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.6 Performance Appraisal This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (a) personnel matters concerning particular individuals (other than councillors).
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The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 8.06pm.
The Mayor declared the Ordinary Meeting of Council resumed at 8.50pm.
7 Resolutions from Closed Meeting
The Manager Administration and Governance read out the following resolutions made in the Closed Meeting of Council.
6.1 Loan Borrowings 2017 Financial Year TRIM Reference: 2017/855 |
RESOLVED - 17/203 Cr C Gryllis/Cr S Munro 1 That Council convert the budgeted internal loan in 2016/17 to an external loan using the existing budgeted repayment allocation to service the external loan for the purpose of funding the Accelerated Roads program with any shortfall loan costs to be met from within the existing Roads Construction budget. 2 That the loan funds be drawn from the Commonwealth Bank of Australia repaid in quarterly instalments fixed for 5 years at 3.25% with a renegotiation being able to be entered into at the anniversary of the loan. 3 That the General Manager be authorised to execute relevant documents. 4 That approval be granted for the use of the Council Seal on all relevant documents. 5 That the necessary advices be supplied to update the NSW Government on Council’s borrowings.
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6.2 Reduction of 2016/17 Second and Third Quarter Water Consumption Charges - Ophir Road Orange TRIM Reference: 2017/853 |
RESOLVED - 17/204 Cr R Gander/Cr S Munro That the combined 2016/17second and third quarter water consumption charge for Mrs K Brett at 150 Ophir Road Orange of $5,912.79 be reduced to $329.15 pro-rata to previous consumption.
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6.3 Reduction of 2016/17 Third Quarter Water Consumption Charges 5 Fawcett Ridge Clifton Grove TRIM Reference: 2017/867 |
RESOLVED - 17/205 Cr K Duffy/Cr R Gander That the 2016/17 Third Quarter Water Consumption Charge of $2,562.83 for Mrs Shimwell of 5 Fawcett Ridge Clifton Grove be reduced to $65.83 pro-rata to previous consumption.
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6.4 Gold Coast 2018 Commonwealth Games Queen's Baton Relay Council Selected Batonbearer TRIM Reference: 2017/800 |
RESOLVED - 17/206 Cr R Gander/Cr S Munro That Council confirm the three community representatives selected to participate as a Batonbearer in Orange on Tuesday 30 January 2018.
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6.5 Burrendong Way Reconstruction - Contractor Performance Matters TRIM Reference: 2017/983 |
RESOLVED - 17/207 Cr C Gryllis/Cr S Munro That the report on Burrendong Way Reconstruction – Contractor Performance Matters be acknowledged.
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6.6 Performance Appraisal TRIM Reference: 2017/1005 |
RESOLVED - 17/208 Cr J Whitton/Cr R Turner 1 That the Panel to assess the General Manager’s performance remain the Mayor, Deputy Mayor and Chairs of the Policy Committees as per previous panel membership. 2 That Council note the balance of the Mayoral Minute.
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The Meeting Closed at 8.55pm
This is Page Number 11 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 16 May 2017.
TRIM REFERENCE: 2016/2974
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
This report provides the updated Register of Delegations for Council approval. The Register of Delegations sets out the delegations to the General Manager, Mayor, Policy Committees and Statutory Committees of Council. Amendments to the Register are limited to changes to the Local Government Act 1993 in relation to tendering, and minor updates only.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.1 Our City - Provide easily obtainable information on the legal responsibilities of Councillors, Council staff and the community”.
Financial Implications
Nil
Policy and Governance Implications
Section 377 of the Local Government Act 1993 (which sets out functions which Council cannot delegate) has been amended to allow tenders to be determined by the General Manager, with exception to any tender for services currently provided by Council staff. This change is reflected in the Register of Delegations.
That the Register of Delegations, as amended in June 2017, be adopted. |
further considerations
The recommendation of this report has been assessed against Council’s other key risk categories and the following comments are provided:
Service Delivery |
Section 377 of the Local Government Act 1993 provides that Council may delegate to the General Manager any function, with the exception of non-delegable functions listed in that section. The delegations provide authority for the General Manager to undertake a range of operational functions. |
Employees |
Many delegations to the General Manager are then sub-delegated to other staff. This process ensures staff are operating within their level of delegation. |
SUPPORTING INFORMATION
The following amendments are proposed in the Register of Delegations:
Ref |
Amendment |
Page 3 |
Update to reflect change to Section 377 of the Act which sets out functions that cannot be delegated to the General Manager to remove the previous (i) “the acceptance of tenders which are required under this Act to be invited by the council,” and replace with (i) “the acceptance of tenders to provide services currently provided by members of staff of the council” |
Page 8 |
Update resolution dates for Policy Committees to reflect these Committees and their associated Charters were adopted by Council on 6 September 2016 |
GM004 |
Addition of legislation – Residential (Land-Lease) Communities Act 2013 as this legislation covers the permanent sites at the Colour City Caravan Park. Replacement of Crown Lands Act 1989 with Crown Land Management Act 2016. |
GM017 |
Amendment to reflect change of Section 377 of the Act to allow the General Manager to determine the acceptance of tenders with exception of tenders to provide services currently provided by members of staff of Council. |
1 Register of Delegations - June 2017, D16/59981⇩
Council Meeting 6 June 2017
5.1 Register of Delegations
Attachment 1 Register of Delegations - June 2017
REGISTER OF DELEGATIONS
D16/59981
Table of Contents
Power of Delegation
Mayor 4
Delegation to the General Manager
Corporate and Executive Powers
Execution of Documents
Governance
Finance
Public Areas/Use of Public Space/Community Land
Technical and Engineering Services
Planning and Development (delegations conferred by legislation contained within GM004)
Community and Cultural Services
Power of Delegation
Council delegates functions of the Council to the General Manager pursuant to Section 377 of the Local Government Act 1993 (the Act). These delegations are made on an exception basis, meaning that ALL functions are delegated to the General Manager unless expressly excluded. Section 377 of the Act provides as follows:
377 General power of the council to delegate
(1) A council may, by resolution, delegate to the General Manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following:
(a) the appointment of a General Manager,
(b) the making of a rate,
(c) a determination under section 549 as to the levying of a rate,
(d) the making of a charge,
(e) the fixing of a fee,
(f) the borrowing of money,
(g) the voting of money for expenditure on its works, services or operations,
(h) the compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),
(i) the acceptance of tenders to provide services currently provided by members of staff of the council,
(j) the adoption of an operational plan under section 405,
(k) the adoption of a financial statement included in an annual financial report,
(l) a decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,
(m) the fixing of an amount or rate for the carrying out by the council of work on private land,
(n) the decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,
(o) the review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979,
(p) the power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,
(q) a decision under section 356 to contribute money or otherwise grant financial assistance to persons,
(r) a decision under section 234 to grant leave of absence to the holder of a civic office,
(s) the making of an application, or the giving of a notice, to the Governor or Minister,
(t) this power of delegation,
(u) any function under this or any other Act that is expressly required to be exercised by resolution of the council.
(2) A council may, by resolution, sub-delegate to the General Manager or any other person or body (not including another employee of the council) any function delegated to the council by the Director-General except as provided by the instrument of delegation to the council.
Section 378 of the Act defines delegations by the General Manager:
1 The General Manager may delegate any of the functions of the General Manager, other than this power of delegation.
2 The General Manager may sub-delegate a function delegated to the General Manager by the council to any person or body (including another employee of the council).
3 Subsection (2) extends to a function sub-delegated to the General Manager by the council under section 377 (2).
Mayor
Section 226 of the Act defines the role of the Mayor, as:
1 Exercise, in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the council
2 Exercise such other functions of the council as the council determines
3 Preside at meetings of the council
4 Carry out the civic and ceremonial functions of the Mayoral office
Schedule of Amendments
Date |
Ref |
Amendment |
June 2017 |
Page 3 |
Update to reflect change to Section 377 of the Act to remove the previous (i) “the acceptance of tenders which are required under this Act to be invited by the council,” and replace with (i) “the acceptance of tenders to provide services currently provided by members of staff of the council” |
Page 8 |
Update resolution dates for Policy Committees to reflect these Committees and their associated Charters were adopted by Council on 6 September 2016 |
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GM004 |
Addition of legislation – Residential (Land-Lease) Communities Act 2013 as this legislation covers the permanent sites at the Colour City Caravan Park. Replacement of Crown Lands Act 1989 with Crown Land Management Act 2016. |
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GM017 |
Amendment to reflect change of Section 377 of the Act to allow the General Manager to determine the acceptance of tenders with exception of tenders to provide services currently provided by members of staff of Council. |
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Nov 2015 |
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Amendment of names of Policy Committees, and addition of Sport and Recreation Policy Committee and Employment and Economic Development Policy Committee. |
GM046 |
Remove reference to “excess water rates” and replace with “overdue water rates” |
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18/11/14 |
GM001 |
Removal of reference to legislation as this is covered in the various parts of GM004 |
GM002 |
Deleted “To carry out the regular services and operations of the Council within the sums voted by the Council for expenditure thereon and/or in accordance with any resolution of Council, with the exception of items dealt with under delegation GM5” as this delegation is covered in the Financial delegations |
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GM004 |
Removal of legislation that does not confer a delegation – Children (Protection and Parental Responsibility) Act 1997, Commission for Children and Young People Amendment Act 2005, Conveyancing Act 1919, Crown Lands Act 1989, Fire Brigades Act 1989, Gas Supply Act 1996, Gaming Machines Act 2001, Graffiti Control Act 2008, Health Records and Information Privacy Act 2002, Independent Commission Against Corruption Act 1988, Interpretation Act 1987, Land Acquisition (Just Terms Compensation) Act 1991, Library Act 1939, Local Land Services Act 2013, Native Title (NSW) Act 1994, Ombudsman Act 1974, Orange Showground Act 1897, Road Transport (Driver Licensing) Regulation 2008, Rural Fires Act 1997, State Emergency Service Act 1989, State Records Act 1998, Strata Schemes (Freehold Development) Act 1973, Unclaimed Money Act 1995, Waste Minimisation and Resource Recovery Act 1995, Water Management Amendment Acts 2008 and 2010 |
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GM004 |
Removal of repealed legislation – Catchment Management Authorities Act 2003, Child Protection (Prohibited Employment) Act 1998, Liquor (Amusement Devices) Act 1988, Road Transport (General) Act 2005, Road Transport (Safety and Traffic Management), Act 1999, Rural Lands Protection Act 1998, Waste Minimisation and Management Act 1995, Unhealthy Building Land Act 1990 |
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GM004 |
Addition of new legislation or legislation conferring a delegation not previously noted – Local Land Services Act 2013, Road Transport Act 2013, Public Health (Tobacco) Act 2008, Smoke Free Environment Act 2007 |
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Gm006 |
Deleted, appointment of public officer covered by the Local Government Act in GM004 |
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GM016 |
Deleted, as opening of tenders is covered by the Local Government Act in GM004 |
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GM021 |
Deleted “To exercise and perform on behalf of Council all functions, powers, authorities, duties and matters contained in Council's Community Strategic Plan, Delivery Program, Long Term Financial Plan, Workforce Management Plan, Asset Management Program, and Operational Plan” as covered in GM04 as part of the Local Government Act. This is also a responsibility of staff, not a delegation. |
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GM024 GM031 |
Deleted, as powers conferred by the Government Information Public Access Act are covered in GM004. |
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GM026 |
Deleted, as powers conferred by the Liquor Act are covered in GM004. |
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GM027 |
Deleted, “authorisation of purchase requisitions of an unlimited amount” as covered in the Financial delegation GM035. Added “to sign letters of engagement for consultants” |
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GM028 |
Deleted “to determine matters which are to be included in the business paper for Council Meetings” – this is governed by Council’s Code of Meeting Practice. Items listed for consideration by Council are approved by the General Manager and Directors. |
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GM032 |
Deleted, as powers conferred by Public Interest Disclosures Act are covered in GM004. |
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GM033 |
Deleted, as powers conferred by the Privacy and Personal Information Protection Act are covered in GM004. |
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GM040 |
Deleted, the keeping of accounts is covered in the Local Government Act, GM004 |
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GM047 GM048 |
Deleted, as relate to rating of properties which is covered in the Local Government Act, GM004 |
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GM053 |
Deleted, reference to replacing fencing covered in the Dividing Fences Act in GM004 |
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GM064 |
Deleted “approve applications for filming” as this is covered in GM004 under the Local Government Act |
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GM065 GM066 |
Deleted “to prepare and implement plans of management for community land” and “to authorise the use of community land in accordance with the terms of plans of management” as these are operational requirements, not delegations |
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GM067- GM071 |
Deleted “to give notice of a proposed dedication of certain land as public road”, “to make application to close a public road”, “to place weight restrictions on certain public roads or bridges”, “to order the removal of obstructions placed illegally on road reserves, footpaths and public places” and “to close roads, or parts thereof, temporarily for repairs or construction” – these functions are addressed under the Roads Act in GM004 |
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GM076 |
Deleted “to approve applications to blast” as this function is addressed under the Local Government Act in GM004 |
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GM077 GM079 |
Deleted “to approve applications to install pipelines in road reserves” and “to determine the location and operation of mobile traffic lights” as these are operational matters and do not require a delegation. |
|
GM081 |
Deleted “to instigate action to clear water and sewer blockages” as this is an operational requirement not a delegation |
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Planning and Development |
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GM084- GM099 |
Deleted as they are addressed in GM004 under the Local Government Act, Environmental Planning and Assessment Act, the Building Professionals Act 2005 and the Food Act |
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GM103 |
NEW - To act as Council’s designated officer in relation to events on Council land and to take all action necessary to ensure the safe operation of events on Council land |
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GM104 |
NEW – To negotiate and settle legal proceedings as necessary |
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GM105 |
NEW – To approve insurance requirements for contracts, projects and events |
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21/05/13 |
GM-17 |
Addition of delegation to General Manager regarding the method of tendering |
18/12/12 |
New |
New Register of Delegations developed and adopted by Council |
Delegate |
Ref |
Delegation |
Mayor |
M1 |
To sign and execute documents under the Common Seal of Council in conjunction with either the General Manager or another Councillor as co-signatories after Council has resolved to affix the Council Seal. |
M2 |
To make media statements or releases on behalf of Council. |
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M3 |
To exercise in cases of necessity, the policy-making functions of the governing body of the Council between meetings of the Council. |
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M4 |
To sign correspondence on behalf of the Council or of the Office of the Mayor. |
|
M5 |
The Mayor may authorise a Councillor to attend a conference, seminar or function within and outside the Council area (conference means conferences, seminars, congresses, forums, workshops, courses, meetings, deputations, information and training sessions events etc, held within Australia), in accordance with Council’s Payment of Expenses and Provision of Facilities to Councillors Strategic Policy, with such approval being reported to the next Council Meeting. |
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M6 |
To make a temporary appointment to the position of General Manager where the position is vacant or the holder of the position is suspended or absent. |
|
M7 |
To call an extraordinary meeting of Council if such a meeting is deemed necessary in accordance with Council’s adopted Code of Meeting Practice. |
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Deputy Mayor |
DM1 |
To sign and execute documents under the Common Seal of Council in conjunction with either the General Manager or another Councillor as co-signatories after Council has resolved to affix the Council Seal. |
DM2 |
In the absence of the Mayor and subject to compliance with the requirements of the Local Government Act 1993, and any expressed policy or direction of the Council, the Council delegates to the person who occupies the position of Deputy Mayor to exercise and perform on behalf of the Council the powers, authorities, duties and functions of the Mayor including the powers, authorities, duties and functions which the Council has delegated by this Register to the Mayor. |
Delegate |
Ref |
Delegation |
Planning and Development Policy Committee |
PDC1 |
To determine all matters referred to it for consideration (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016) |
Finance Policy Committee |
FPC1 |
To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016) |
Services Policy Committee |
SPC1 |
To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016) |
Infrastructure Policy Committee |
IPC1 |
To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016) |
Environmental Sustainability Policy Committee |
ESPC1 |
To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016) |
Sport and Recreation Policy Committee |
SRPC1 |
To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016) |
Employment and Economic Development Policy Committee |
EEDPC1 |
To determine all matters referred to it for consideration, with the exception of determining any matter that would cause expenditure outside the Council’s adopted budget (as resolved 15/360, Extraordinary Council Meeting held 6 September 2016) |
City of Orange Traffic Committee |
COTC 1 |
Pursuant to the delegation of powers from the Roads and Maritime Services NSW, the authority for regulation of traffic management and traffic control signs on public roads. This authority is limited to the powers, authorities, duties and functions that are specified in the Roads and Maritime Services NSW Instrument of Delegation to Council, from the Road and Maritime Services |
Delegate |
Ref |
Delegation |
Audit and Risk Management Committee |
ARMC1 |
The Audit and Risk Management Committee is granted delegated authority by Council to carry out its duties and responsibilities as defined in the Committee's Charter. The Audit and Risk Management Committee has delegated authority to approve investigations into any matters within its scope of responsibility and make recommendations to the General Manager on matters arising from such investigations. |
Conduct Review Committee |
CRC1 |
The Conduct Review Committee or member of the Conduct Review Committee acting as a sole Conduct Reviewer is responsible for making enquiries into complaints made under Council’s adopted Code of Conduct, alleging breaches of the Code of Conduct by Councillors and/or the General Manager. The operation of the Conduct Review Committee is outlined in the adopted Conduct Review Committee Charter. |
Delegation to the General Manager Pursuant to the provisions of the Local Government Act 1993, and any expressed policy or direction of Council, that Council in accordance with the provisions of Section 377 of the Local Government Act, 1993 and every other enabling statutory power, delegates to its General Manager authority to exercise and to perform on behalf of the Council, all necessary powers, authorities, duties and functions, including: |
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Corporate and Executive Powers |
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GM001 |
To carry out the regular services, functions and operations of the Council in accordance with the adopted policies of the Council, including all Strategic and Operational Policies. |
GM003 |
To allocate priority of works for which funds have been provided subject to any direction of Council. |
GM004 |
To exercise the powers and functions of an authorised officer under any of the following Acts including any amending legislation: · Building Professionals Act 2005 • Companion Animals Act 1998 • Community Land Management Act 1989 · Contaminated Land Management Act 1997 · Crown Land Management Act 2016 · Dividing Fences Act 1991 • Environmental Planning and Assessment Act 1979 • Food Act 2003 • Firearms Act 1996 • Government Information (Public Access) Act 2009 • Heritage Act 1977 • Impounding Act 1993 • Liquor Act 2007 • Local Government Act 1993 • Major Events Act 2009 · National Parks and Wildlife Act 1974 · Native Vegetation Act 2003 • Noxious Weeds Act 1993 |
GM004 (cont) |
· Pesticides Act 1999 • Plumbing and Drainage Act 2011 · Privacy & Personal Information Protection Act 1998 • Protection of Environment Operations Act 1997 • Public Health Act 2010 · Public Health (Tobacco) Act 2008 · Public Interest Disclosures Act 1994 • Recreation Vehicles Act 1983 · Residential (Land Lease) Communities Act 2013 • Roads Act 1993 • Road Transport Act 2013 · Smoke Free Environment Act 2000 • State Emergency and Rescue Management Act 1989 • Swimming Pools Act 1992 • Transport Administration Act 1988 • Water Management Act 2000 • Work Health and Safety Act 2011 |
GM005 |
To authorise any work which is deemed urgent at a cost not exceeding $10,000 for which Council has not allocated funds, provided that such expenditure is reported to the Council at its next Ordinary Meeting. “Urgent” work may include work necessary to ensure security of Council property or public safety. |
GM007 |
To take all necessary action to instigate proper risk management procedures and ensure implementation of same. |
GM008 |
To close any public area, or to close or cease any Council service temporarily for repair or construction when necessary. |
GM009 |
To make public statements and issue media releases on matters involving the Council. |
GM010 |
To affix the Common Seal of Council to a document in accordance with a Council resolution and to act as a signatory with the Mayor or another Councillor. |
GM011 |
To authorise action to be taken in connection with any complaints or requests received. |
GM012 |
To negotiate land sales within 10% of the market price or price resolved by Council. |
GM013 |
To set a reserve price at auction, where land is being sold for overdue rates. |
GM014 |
To prepare and lodge applications for grants provided such action is consistent with Council's strategic planning documents. |
GM015 |
To manage investigations and reports on matters referred by the ICAC. |
GM017 |
To determine the method of tendering ie whether tenders are to be by open tendering or selective tendering, and to determine the acceptance of tenders with exception of tenders to provide services currently provided by members of staff of Council. |
GM018 |
To withdraw an imposed penalty where justified. |
GM019 |
To dispose of vehicles abandoned on Council owned or controlled land. |
GM020 |
To authorise graffiti removal work, with or without the agreement of the owner or occupier of the land. |
GM022 |
To negotiate and manage contracts and agreements. |
Legal Processes |
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GM023 |
To obtain legal advice where necessary and to institute, conduct and defend legal proceedings with respect of Council's activities in all Courts. |
GM025 |
To approve easements and covenants that burden land owned by Council. |
GM104 |
To negotiate and settle legal proceedings as necessary. |
Execution of Documents |
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GM027 |
To sign documents on behalf of Council, including a Correspondence b Contracts, agreements and leases c Retail lease disclosure statements d Sales agreements for agents to sell Council land e Approval of designs for subdivision plans and construction certificates f Release of subdivision certificates g Development applications for Council owned or controlled property h Survey plans and survey requests/amendments i Authorising payments by cheque or electronically in accordance with Council’s strategic planning documents and budget and Council resolution j Taxation returns k Employment summaries, superannuation forms and other declarations or forms associated with the employment of staff l Rating certificates m Letters of engagement for consultants |
Governance |
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GM029 |
To terminate any lease or rental agreement on any Council owned property where the terms of the lease have been breached, or accounts fall into arrears. |
GM030 |
To, in conjunction with the Mayor, approve payment of expenses and provision of facilities for Councillors in accordance with Council's adopted policy. |
GM034 |
To approve the content, layout and placement of advertising on behalf of Council. |
GM105 |
To approve insurance requirements for contracts, projects and events. |
Finance |
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GM035 |
To commit and authorise operational and/or capital expenditure of any amount within the area of operation and budget in accordance with Council’s adopted budget, Purchasing Policies and relevant legislation. |
GM036 |
To authorise any variations to a contract within the Council’s adopted budget. |
GM037 |
To authorise exemptions from compliance with Council’s Purchasing Policies in limited circumstances, as set out in the Strategic and Operational Purchasing Policies. |
GM038 |
To authorise the investment of Council funds and sign such applications and documents as may be required. |
GM039 |
To engage Consultants within the budget, to assist with Council projects within the confines of budgetary constraints. |
GM041 |
To approve financial returns required by various organisations. |
GM042 |
To initiate debt recovery procedures. |
GM043 |
To allow unpaid rates to be paid from the estate of aged pensioners, or from the sale of the property. |
GM044 |
To write off rates or debts which are determined not financially viable to recover to a limit in any one case not exceeding $5,000. |
GM045 |
To approve applications for extension of time to pay accounts. |
GM046 |
To order restriction or disconnection of water supply to premises if overdue water accounts are not paid. |
GM049 |
To authorise the operation of Council’s bank accounts. |
GM050 |
To authorise the payment of salaries and wages of the staff. |
GM051 |
To authorise the issue of corporate credit cards to employees in accordance with Council’s Credit Card Operational Policy. |
GM052 |
To authorise the payment of petty cash claims up to a maximum of $500 per claim. |
GM054 |
To authorise ex-gratia payments for public liability/public indemnity claims for amounts below Council’s insurance policy excess. |
GM055 |
To authorise the disposal and retirement of assets in accordance with Council’s Policies and adopted Asset Management Plans, Community Strategic Plan, Long Term Financial Plan, Delivery/Operational Plan. |
GM056 |
To authorise the release of funds and/or Bank Guarantees where the required works or services have been carried out to a satisfactory standard. |
Public Areas/Use of Public Space/Community Land |
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GM057 |
To determine applications for the use of public roads for walkathons, charitable collections, motor car trials, bicycle races and the like where the authorisation of the City of Orange Traffic Committee is not specifically required. |
GM058 |
To grant approval for street stalls or busking. |
GM059 |
To determine applications for functions, activities or sports on Council's community land or other grounds or venues of parks under Council's care. |
GM060 |
To approve of the design and subsequent erection of banners and flags on existing flagpoles in accordance with Council’s policy. |
GM061 |
To process claims for rewards under Council’s Graffiti Reward Scheme. |
GM062 |
To suspend alcohol free zones for community events. |
GM063 |
To grant approval for helicopter touchdowns on Public Reserves. |
GM103 |
To act as Council’s designated officer in relation to events on Council land and to take all action necessary to ensure the safe operation of events on Council land. |
Technical and Engineering Services |
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GM072 |
To issue/refuse compliance and construction certificates in relation to subdivisions and engineering works. |
GM073 |
To remove dangerous trees under the control of the Council, where such removal is necessary, to allow work to proceed immediately. |
GM074 |
To carry out private works and authorise the hire of Council plant subject to satisfactory arrangements being made for the payment of such works. |
GM075 |
To approve applications for the excavation of public streets subject to compliance with Council's Policy. |
GM078 |
To determine applications for the creation of temporary construction zones on public roads restricting public parking in such zones. |
GM080 |
To authorise formulation and completion of trade waste agreements. |
GM082 |
To approve applications to name roads in accordance with Council's Policy. |
GM083 |
To authorise the release of Council plant and other resources to assist fire-fighting, emergency work, and assist the Local Emergency Management Committee in emergency work |
Planning and Development (delegations conferred by legislation contained within GM004) |
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GM089 |
To determine requests to raise development contributions as specified in the Development Contributions Plan. |
GM097 |
To negotiate Voluntary Planning Agreement packages in accordance with Council Policy. |
Community and Cultural Services |
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GM101 |
To be Licensee of a Child Care Service. |
GM102 |
To be or nominate an authorised supervisor of a Child Care Service. |
6 Closed Meeting - See Closed Agenda
The General Manager will advise the Council if any written submissions have been received relating to any item advertised for consideration by a closed meeting of Orange City Council.
The Mayor will extend an invitation to any member of the public present at the meeting to make a representation to Council as to whether the meeting should be closed for a particular item.
In accordance with the Local Government Act 1993, and the Local Government (General) Regulation 2005, in the opinion of the General Manager, the following business is of a kind as referred to in Section 10A(2) of the Act, and should be dealt with in a Confidential Session of the Council meeting closed to the press and public.
Recommendation That Council adjourn into a Closed Meeting and members of the press and public be excluded from the Closed Meeting, and access to the correspondence and reports relating to the items considered during the course of the Closed Meeting be withheld unless declassified by separate resolution. This action is taken in accordance with Section 10A(2) of the Local Government Act, 1993 as the items listed come within the following provisions: 6.1 NetWaste Tender F2442 - Tender for the Collection and Recycling of Scrap Metal for Councils in the NetWaste Region This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.2 Solar Power Purchase Agreements Aquatic Centre and Civic Centre This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.3 EOI - Loan Borrowings This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business. 6.4 General Manager's Performance Appraisal (RESTRICTED) This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (a) personnel matters concerning particular individuals (other than councillors). 6.5 Complaints under Orange City Council Code of Conduct (RESTRICTED) This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (i) alleged contraventions of any code of conduct requirements applicable under section 440. |
6.1 NetWaste Tender F2442 - Tender for the Collection and Recycling of Scrap Metal for Councils in the NetWaste Region
TRIM REFERENCE: 2017/1010
AUTHOR: Wayne Davis, Manager Waste Services and Technical Support
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
6.2 Solar Power Purchase Agreements Aquatic Centre and Civic Centre
TRIM REFERENCE: 2017/913
AUTHOR: David Waddell, Director Development Services
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
TRIM REFERENCE: 2017/979
AUTHOR: Julie Murray, Financial Accountant
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (c) information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.
6.4 General Manager's Performance Appraisal
TRIM REFERENCE: 2017/1016
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (a) personnel matters concerning particular individuals (other than councillors).
6.5 Complaints under Orange City Council Code of Conduct
TRIM REFERENCE: 2017/1087
AUTHOR: Kathy Woolley, Director Corporate and Commercial Services
Reason for Confidentiality
This item is classified CONFIDENTIAL under the provisions of Section 10A(2) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to (i) alleged contraventions of any code of conduct requirements applicable under section 440.