ORANGE CITY COUNCIL
Ordinary Council Meeting
Agenda
21 November 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, 21 November 2017 commencing at 7.00pm.
Garry Styles
General Manager
For apologies please contact Michelle Catlin on 6393 8246.
Council Meeting 21 November 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
1.3 Acknowledgement of Country
3 Confirmation of Minutes of Previous Meeting
3.1 Minutes of the Ordinary Meeting of Orange City Council held on 07 November 2017
PRESENTATION BY Auditor
4 Notices of Motion/Notices of Rescission
4.1 Notice of Motion - Establishment of Rest Stops by Cr Romano
4.2 Notice of Motion - Land Sales and Purchases by Cr Duffy
4.3 Notice of Motion - Councillor Committee by Cr Duffy
5.1 Recommendations and Resolutions from Policy Committees.
5.2 Outstanding Questions Taken on Notice
5.3 Statement of Investments - October 2017
5.4 Forest Road Bridge Duplication Project Feasibility
5.6 Development Application DA 211/2016(2) - 76 Hill Street
5.7 Parking Orange Health Service
5.8 Draft Exchange Memorandum of Understanding with Timaru
5.10 Council Meetings in Other Locations
5.11 Consultation - Model Code of Conduct and Associated Procedures
5.12 Community Committee Framework
6 Closed Meeting - See Closed Agenda
6.1 Purchase of Sewer and Water Easements - 368 Burrendong Way
6.2 Tender for Contract Project Management Services
7 Resolutions from closed meeting
1.1 Apologies and Leave of Absence
1.3 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 7 November 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 7 November 2017. |
Attachments
1 Minutes of the Ordinary Meeting of Orange City Council held on 7 November 2017
ORANGE CITY COUNCIL
MINUTES OF THE
Ordinary Council Meeting
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 7 November 2017
COMMENCING AT 7.00pm
1 Introduction
Attendance
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr J Hamling, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor (7.21pm), 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, Manager Financial Services, Operations Manager, Water and Sewerage Strategic Manager
RESOLVED - 17/458 Cr S Munro/Cr J Whitton That Council allow the meeting to be live streamed and recorded.
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1.1 APOLOGIES
RESOLVED - 17/459 Cr J Whitton/Cr S Romano That the apologies be accepted from Cr K Duffy and Cr T Mileto (representing Council at the National Roads Congress) for the Council Meeting of Orange City Council on 7 November 2017. |
1.2 ACKNOWLEDGEMENT OF COUNTRY
1.3 Declaration of pecuniary interests, significant non-pecuniary interests and less than significant non-pecuniary interests
Cr J Whitton declared a significant non-pecuniary interest in Planning and Development Committee - Item 2.3 – DA258/2015(1) - 131 and 199 Bargwanna Road as Cr Whitton previously owned this property and currently owns a neighbouring property.
LATE ITEM
RESOLVED - 17/460 Cr S Munro/Cr J McRae That late item 6.2 - Director Technical Services Appointment – be dealt with at the Closed Meeting of Orange City Council held on 7 November 2017. |
2 Mayoral Minutes
Nil
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE OPEN FORUM AT 7.02PM
OPEN FORUM
Mr Greg Kings - Planning and Development Committee - Item 2.7 – DA157/2017(2) – 122 and 124 McLachlan Street and Item 2.8 – DA158/2017(2) - 194 March Street
Mr Kings sought Council’s consent to defer construction of concrete driveways on these two developments.
Mr Cyril Smith - Council - Item 4.2 – Notice of Motion – Recreational Use – Suma Park Dam, Spring Creek Dam
Mr Smith requested Council undertake a cost-benefit analysis and risk assessment of the proposed recreational use, and suggested Council should continue to develop Lake Canobolas and Gosling Creek reserves and leave Suma Park and Spring Creek as they are.
Mr Andrew Saunders - Planning and Development Committee - Item 2.4 – DA211/2016(2) - 76 Hill Street
Mr Saunders sought Council’s consent for a garage rather than a carport.
Mr Nick King - Council - Item 4.2 – Notice of Motion – Recreational Use – Suma Park Dam, Spring Creek Dam
Mr King requested Council needs to consider environmental attributes, and encouraged Council to provide opportunities for all relevant community groups to be consulted on this proposal.
** Cr Taylor arrived at the meeting with the time being 7.21pm **
Mr Robert Linsell - Planning and Development Committee - Item 2.4 – DA211/2016(2) - 76 Hill Street
Mr Linsell sought Council’s approval for a garage rather than a carport.
Mr Gavin Gleeson - Planning and Development Committee - Item 2.3 – DA258/2016(1) - 131 and 199 Bargwanna Road
Mr Gleeson sought Council’s approval of the development application.
RESOLVED - 17/461 Cr S Munro/Cr S Nugent That Council agree to defer consideration of Item 2.9 of the Planning and Development Committee agenda – DA244/2017(1) - 15 Etna Street - at the written request of the applicant. |
3 Confirmation of Minutes of Previous Meeting
RESOLVED - 17/462 Cr M Previtera/Cr J Hamling That the Minutes of the Ordinary Meeting of Orange City Council held on 17 October 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 17 October 2017. |
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL ADJOURNED FOR THE CONDUCT OF THE POLICY COMMITTEE MEETINGS AT 7.30PM
THE MAYOR DECLARED THE ORDINARY MEETING OF COUNCIL RESUMED AT 8.34PM
4 Notices of Motion/Notices of Rescission
4.1 Notice of Motion - Activities for Young People TRIM Reference: 2017/2290 |
RESOLVED - 17/492 Cr S Romano/Cr S Nugent That Council be provided a report on the activities of the Youth Action Council, and other youth related activities in Orange, and explore opportunities to promote and increase the membership of this group and the activities and events that are provided for young people.
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4.2 Notice of Motion - Recreational Use - Suma Park Dam, Spring Creek Dam and Gosling Creek by Cr Romano TRIM Reference: 2017/2296 |
RESOLVED - 17/493 Cr S Romano/Cr M Previtera That Council receive a report on the costs and timeframe for allowing supervised fishing, camping and boating at Suma Park Dam, Gosling Creek Reserve and Spring Creek Dam, to include amenities, car parking and a camping ground.
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4.3 Local Hotmix Plant TRIM Reference: 2017/2327 |
RESOLVED - 17/494 Cr J Whitton/Cr G Taylor 1 That Council seek a hot-mix asphalt plant to be located in Orange to service the needs of the City of Orange and the region. 2 That Council prepare a business case for the establishment of a hot-mix asphalt plant in Orange.
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5 General Reports
5.1 Community Committee Framework TRIM Reference: 2017/2248 |
RESOLVED - 17/495 Cr G Taylor/Cr J Whitton That Council defer consideration of the report on the Community Committee framework to allow Councillor representation on Community Committees to be discussed at a Councillor Briefing.
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5.2 Private Hospital Precinct Planning Agreement TRIM Reference: 2017/2240 |
RESOLVED - 17/496 Cr J Hamling/Cr R Turner 1 That the report by the Manager Corporate and Community Relations on the Private Hospital Precinct Planning Agreement be acknowledged. 2 That the offer be accepted and that the parties enter into a Planning Agreement prepared in accordance with the requirements of the Environmental Planning and Assessment Act 1979 and associated Regulations. 3 That Council place the draft Planning Agreement for the Orange Private Hospital Precinct on public exhibition for 28 days.
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5.3 Strategic Policy Review TRIM Reference: 2017/2213 |
RESOLVED - 17/497 Cr S Nugent/Cr J McRae That Council place the following draft Strategic Policies on public exhibition for a minimum of 28 days: ST050 – Code of Meeting Practice ST019 – Councillors Access to Information and their Interaction with Staff ST020 – Councillors – Payment of Expenses and Provision of Facilities ST029 – Donations and Grants
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5.4 Christmas/New Year Recess TRIM Reference: 2017/2153 |
RESOLVED - 17/498 Cr S Nugent/Cr M Previtera 1 That Council approves the Christmas close down from Monday 25 December 2017 and re-opening on Tuesday 2 January 2018. 2 That during the period from 23 December 2017 to 6 February 2018, Council delegate its function to determine development applications and planning matters, with the exception of matters that cannot be delegated under the Local Government Act 1993 or the Environmental Planning and Assessment Act 1979, in circumstances where it is unreasonable to defer consideration of the matter, to the Mayor, Chairperson of the Planning and Development Committee, and the General Manager (so that the General Manager and either the Mayor OR the Chairperson of the Planning and Development Committee, are available to determine matters).
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5.5 Lease of Hangar Sites - Orange Airport TRIM Reference: 2017/2253 |
RESOLVED - 17/499 Cr R Turner/Cr J Whitton 1 That Council enter into consecutive leases of five years each up to a maximum of 25 years for the lease of Hangar F and Hangar P at the Orange Airport. 2 That approval be granted for the use of the Council Seal on any necessary documentation if required.
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QUESTION TAKEN ON NOTICE Cr Munro requested information on increases in lease fees of hangar sites over recent years.
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5.6 Quarterly Budget Review and Performance Indicators TRIM Reference: 2017/2236 |
RESOLVED - 17/500 Cr J Hamling/Cr J McRae 1 That the information provided in the report on the quarterly budget and performance review for July to September 2017 be acknowledged. 2 That Council note the bank reconciliation statement. 3 That the variations arising from the September 2017 quarterly review amounting to an improvement of $11,665 be adopted.
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5.7 Ministerial Approval Request to Form the Regional Independent Tourism Entity TRIM Reference: 2017/2121 |
RESOLVED - 17/501 Cr J Hamling/Cr R Turner 1 That Orange City Council make an application to the Minister for Local Government under Section 358 of the Local Government Act 1993 seeking approval to participate in the formation of a corporation to be set up to deliver industry led regional tourism services for the Orange Region that would be administered as reflected in the draft constitution attached to the report. 2 That Council note the contents of the report that addresses the criteria the Minister may consider to be used as the basis for the submission to accompany the request for the approval to participate in the formation of the new entity.
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5.8 Independent Members of the Audit and Risk Management Committee TRIM Reference: 2017/2058 |
RESOLVED - 17/502 Cr S Nugent/Cr J McRae 1 That Council appoint Mr Phillip Burgett and Mr Bill Gillooly AM as the two independent members of the Audit and Risk Management Committee until September 2020 unless otherwise resolved by Council. 2 That a formal induction on the Committee’s purpose and responsibilities be arranged for Committee members. 3 That the proposed meeting of the Audit and Risk Management Committee scheduled for 24 November 2017 be deferred until after the induction of the members has been completed.
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5.9 Operational Management of the Ophir Road Resource Recovery Centre TRIM Reference: 2017/2161 |
RESOLVED - 17/503 Cr J Whitton/Cr R Kidd That the report by the Manager Waste Services and Technical Support detailing Operational Management of the Ophir Road Resource Recovery Centre be acknowledged.
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QUESTIONS TAKEN ON NOTICE Cr Turner requested additional information in relation to the training provided to those working at the Ophir Road Resource Recovery Centre in relation to customer service, charging on the weighbridge and other operations. |
Council requested an inspection of the Ophir Road Resource Recovery Centre and Euchareena Road Resource Recovery Centre. |
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.
RESOLVED - 17/504 Cr G Taylor/Cr J Whitton 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 Tender for Contract Project Management Services 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 Director Technical Services Appointment 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). |
The Mayor declared the Ordinary Meeting of Council adjourned for the conduct of the Closed Meeting at 9.25pm.
The Mayor declared the Ordinary Meeting of Council resumed at 9.38pm.
7 Resolutions from Closed Meeting
The General Manager read out the following resolutions made in the Closed Meeting of Council.
6.1 Tender for Contract Project Management Services TRIM Reference: 2017/2088 |
RESOLVED - 17/505 Cr R Kidd/Cr J McRae That the report on Tender for Contract Project Management Services be deferred for a Councillor Briefing by the General Manager.
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6.2 Director Technical Services Appointment (RESTRICTED - COUNCILLORS AND GENERAL MANAGER) TRIM Reference: 2017/2356 |
RESOLVED - 17/506 Cr J Whitton/Cr G Taylor That the report by the General Manager on Appointment Director Technical Services be acknowledged, together with the consultation which has occurred.
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The Meeting Closed at 9.46PM
This is Page Number 9 and the Final Page of the Minutes of the Ordinary Meeting of Orange City Council held on 7 November 2017.
4 Notices of Motion/Notices of Rescission
RECORD NUMBER: 2017/2286
I, CR Sam Romano wish to move the following Notice of Motion at the Council Meeting of 21 November 2017:
1 That Council build a stop and rest area at the entrances to Orange (similar to the one opposite Bathurst Correctional Centre) in the following locations: · Mitchell Highway – Bathurst side in the area adjacent to Dairy Creek Road · Mitchell Highway – Molong side in a suitable location to be identified 2 That these rest areas include a toilet block with disabled toilet including security lighting, space for caravans and RVs to stop, picnic area including BBQ’s with shaded seats and garbage bins, a children’s play area and a large sign including a map of Orange and visitor attractions. |
Signed Cr Sam Romano
STAFF COMMENT
This project is currently not in the Delivery/Operational Plan, so it is suggested that should Council support the above motion, that the matter be deferred for consideration following the preparation of budget estimates as part of the next Delivery/Operational Plan.
RECORD NUMBER: 2017/2489
I, CR Kevin Duffy wish to move the following Notice of Motion at the Council Meeting of 21 November 2017:
That Councillors be supplied with details on Council-owned vacant land, residential land (including houses) industrial land and farming land sales and purchases in the period of 1 July 2012 to 10 November 2017, to include: 1 Date of purchase 2 Purchase price 3 Reason for purchase 4 Reason for sale (even if not completed) 5 Agent details and commission paid 6 Details of resumptions 7 Any other notes of interest To be provided prior to the last Council Meeting in December 2017.
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Background
Signed Cr Kevin Duffy
STAFF COMMENT
Similar information has been requested in the past and can be collated as requested.
RECORD NUMBER: 2017/2490
I, CR Kevin Duffy wish to move the following Notice of Motion at the Council Meeting of 21 November 2017:
That a Councillor Committee be formed to review all Council Policies and Delegations.
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Background
Signed Cr Kevin Duffy
STAFF COMMENT
The review of Strategic Policies has commenced with the election of the new Council, with several Policies submitted, and planned for submission, to Council for placement on public exhibition.
The General Manager is responsible for Operational Policies.
The Register of Delegations is due to be reviewed during the first year of Council’s term.
TRIM REFERENCE: 2017/2361
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE SUMMARY
Council’s Policy Committees (Planning and Development Committee, Employment and Economic Development Policy Committee, Infrastructure Policy Committee, Sport and Recreation Policy Committee, Environmental Sustainability Policy Committee, Finance Policy Committee and Services Policy Committee) have delegation to determine matters before those Committees, with the exception of items that impact on Council’s Delivery/Operational Plan.
This report provides minutes of the Policy Committees held since the last meeting. Resolutions made by the Committees are for noting, and Recommendations are presented for adoption or amendment by Council.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.
Financial Implications
Nil
Policy and Governance Implications
Nil
1 That the resolutions made by the Planning and Development Committee at its meeting held on 7 November 2017 be noted. 2 That the resolutions made by the Employment and Economic Development Policy Committee at its meeting held on 7 November 2017 be noted. 3 That the resolutions made by the Infrastructure Policy Committee at its meeting held on 7 November 2017 be noted. 4 That the resolutions made by the Sport and Recreation Policy Committee at its meeting held on 7 November 2017 be noted. 5 That the resolutions made by the Environmental Sustainability Policy Committee at its meeting held on 7 November 2017 be noted. 6 That the resolutions made by the Finance Policy Committee at its meeting held on 7 November 2017 be noted. 7 That the resolutions made by the Services Policy Committee at its meeting held on 7 November 2017 be noted. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Planning and Development Committee
At the Planning and Development Committee meeting held on 7 November 2017, all resolutions were made under delegation, and the minutes are presented for noting.
Employment and Economic Development Policy Committee
At the Employment and Economic Development Policy Committee meeting held on 7 November 2017, all resolutions were made under delegation, and the minutes are presented for noting.
Infrastructure Policy Committee
At the Infrastructure Policy Committee meeting held on 7 November 2017, all resolutions were made under delegation, and the minutes are presented for noting.
Sport and Recreation Policy Committee
At the Sport and Recreation Policy Committee meeting held on 7 November 2017, all resolutions were made under delegation, and the minutes are presented for noting.
Environmental Sustainability Policy Committee
At the Environmental Sustainability Policy Committee meeting held on 7 November 2017, all resolutions were made under delegation, and the minutes are presented for noting.
Finance Policy Committee
At the Finance Policy Committee meeting held on 7 November 2017, all resolutions were made under delegation, and the minutes are presented for noting.
Services Policy Committee
At the Services Policy Committee meeting held on 7 November 2017, all resolutions were made under delegation, and the minutes are presented for noting.
1 PDC 7 November 2017 Minutes, 2017/2353⇩
2 EEDPC 7 November 2017 Minutes, 2017/2355⇩
3 IPC 7 November 2017 Minutes, 2017/2348⇩
4 SRPC 7 November 2017 Minutes, 2017/2351⇩
5 ESPC 7 November 2017 Minutes, 2017/2350⇩
6 FPC 7 November 2017 Minutes, 2017/2354⇩
7 SPC 7 November 2017 Minutes, 2017/2352⇩
Planning and Development Committee 21 November 2017
5.1 Recommendations and Resolutions from Policy Committees
Attachment 1 PDC 7 November 2017 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Planning and Development Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 7 November 2017
COMMENCING AT 7.30pm
1 Introduction
Attendance
Cr R Turner (Chairperson), Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr J Hamling, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor, 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, Water and Sewerage Strategic Manager, Manager Financial Services
APOLOGIES AND LEAVE OF ABSENCE
RESOLVED - 17/463 Cr J Whitton/Cr S Romano That the apologies be accepted from Cr K Duffy and Cr T Mileto (representing Council at the National Roads Congress) for the Planning and Development Committee of Orange City Council on 7 November 2017. |
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Cr J Whitton declared a significant non-pecuniary interest in item 2.3 as Cr Whitton is a previous owner of the land and owns a neighbouring property.
2 General Reports
2.1 Items Approved Under the Delegated Authority of Council TRIM Reference: 2017/1641 |
RESOLVED - 17/464 Cr J Whitton/Cr S Nugent That the information provided in the report by the Manager Development Assessments on Items Approved Under the Delegated Authority of Council be acknowledged.
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MATTER ARISING
RESOLVED - 17/465 Cr R Turner/Cr R Kidd That Council write to 1st Class Coaches congratulating them on establishing their business in Orange.
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2.2 Orange Local Environmental Plan 2011 - Amendment 22 - Former Base Hospital Site - Post Exhibition Report TRIM Reference: 2017/2106 |
RESOLVED - 17/466 Cr J Whitton/Cr J Hamling 1 That the information provided in the report on Orange Local Environmental Plan 2011 - Amendment 22 - Former Base Hospital Site - Post Exhibition Report be acknowledged. 2 That Council endorse Orange Local Environmental Plan 2011 - Amendment 22 - Former Base Hospital site planning proposal in its current form. 3 That Council forward the planning proposal to the Department of Planning and Environment requesting that Orange Local Environmental Plan 2011 be amended accordingly. 4 That Council write to the entities that provided submissions to the Planning Proposal, advising of Council’s resolution.
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2.3 Development Application DA 258/2015(1) - 131 and 199 Bargwanna Road TRIM Reference: 2016/2063 |
Cr J Whitton declared a significant non-pecuniary interest in this item as Cr Whitton is a previous owner of the land and owns a neighbouring property, left the Chamber, and did not participate in the voting or debate on this item. |
RESOLVED - 17/467 Cr J Hamling/Cr S Munro That Council consents to development application DA 258/2015(1) for Intensive Plant Agriculture, Dwelling House and Subdivision (consolidation of land) at Lots 226 and 227 DP 750387, and Lot 1 DP 1141864 – 131 and 199 Bargwanna Road, Orange pursuant to the conditions of consent in the attached Notice of Approval.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr J Hamling, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor, Cr R Turner |
Voted Against |
Nil |
Absent |
Cr K Duffy, Cr T Mileto, Cr J Whitton |
2.4 Development Application DA 211/2016(2) - 76 Hill Street TRIM Reference: 2017/2182 |
RESOLVED - 17/468 Cr J Whitton/Cr S Munro That Council prepare a draft Notice of Approval for development application DA 211/2016(2) for dwelling alterations and additions, garage (new), existing carport/garage conversion (gymnasium) and fencing (front boundary fencing) at Lot 12 DP 1225121 - 76 Hill Street, Orange for consideration at the next Council Meeting.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J Hamling, Cr S Munro, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton |
Voted Against |
Cr J McRae (Deputy Mayor), Cr S Nugent, Cr M Previtera |
Absent |
Cr K Duffy, Cr T Mileto |
2.5 Development Application DA 207/2016(1) - 102-110 and 110A Endsleigh Avenue TRIM Reference: 2017/2183 |
RESOLVED - 17/469 Cr S Nugent/Cr J McRae That Council consents to development application DA 207/2016(1) for Place of Public Worship (alterations and additions to existing building), Business Identification Signage and Demolition (tree removal) at Lots 11 and 12 DP 519990 - 102-110 and 110A Endsleigh Avenue, Orange pursuant to the conditions of consent in the attached Notice of Approval.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr J Hamling, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton |
Voted Against |
Cr S Munro |
Absent |
Cr K Duffy, Cr T Mileto |
2.6 Development Application DA 289/2017(1) - 2 Hanrahan Place TRIM Reference: 2017/2184 |
RESOLVED - 17/470 Cr J Whitton/Cr R Turner That Council consents to development application DA 289/2017(1) for Retail Premises (shop) (drive-through liquor shop) and Business Identification Signage at Lot 87 DP 1167633 - 2 Hanrahan Place, Orange pursuant to the conditions of consent in the attached Notice of Approval.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr J Hamling, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton |
Voted Against |
Nil |
Absent |
Cr K Duffy, Cr T Mileto |
2.7 Development Application DA 157/2017(2) - 122 and 124 McLachlan Street TRIM Reference: 2017/2185 |
RESOLVED - 17/471 Cr R Turner/Cr S Munro 1 That development application DA 157/2017(2) for Subdivision (two lot residential boundary adjustment) at Lot 1 DP 998790 and Lot 1 DP 986148 – 122 and 124 McLachlan Street, Orange, be approved with the deletion of Condition 12. 2 That proposed Lot 2 be provided with the appropriate driveway to the conditions of Council’s Development and Subdivision Code prior to an occupation certificate being granted to any development upon the lot. 3 That this approval give notice to Council staff that an amendment be made to the necessary policy documents to bring this change to those documents.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr J Hamling, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton |
Voted Against |
Nil |
Absent |
Cr K Duffy, Cr T Mileto |
QUESTION TAKEN ON NOTICE Cr McRae sought information on whether the above Council resolution would preclude the owner/developer from constructing the driveway earlier. |
2.8 Development Application DA 158/2017(2) - 194 March Street TRIM Reference: 2017/2186 |
RESOLVED - 17/472 Cr R Turner/Cr S Munro 1 That development application DA 158/2017(2) for Subdivision (two lot residential) and Demolition (existing shed) at Lot 22 DP 1131258 - 194 March Street, Orange be approved with the deletion of Condition 14. 2 That proposed Lot 2 be provided with the appropriate driveway to the conditions of Council’s Development and Subdivision Code prior to an occupation certificate being granted to any development upon the lot. 3 That this approval give notice to Council staff that an amendment be made to the necessary policy documents to bring this change to those documents.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr J Hamling, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr G Taylor, Cr R Turner Cr J Whitton, Cr S Romano |
Voted Against |
Nil |
Absent |
Cr K Duffy, Cr T Mileto |
2.9 Development Application DA 244/2017(1) - 15 Etna Street TRIM Reference: 2017/2187 |
This item was withdrawn from the meeting at the request of the applicant.
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2.10 Development Application DA 181/2017(1) - 6A and 8 Ophir Street TRIM Reference: 2017/2216 |
RESOLVED - 17/473 Cr J McRae/Cr M Previtera That Council consents to development application DA 181/2017(1) for Multi Dwelling Housing (six dwellings); Subdivision (seven lot Community title residential); Tree Removal within Lot 161 DP 1105373 (being 6A Ophir Street); and Use of Existing Right-of-Way in Lot 160 DP 1105373 (being 8 Ophir Street) to Provide Access at Lots 160 and 161 DP 1105373 - 6A and 8 Ophir Street, Orange, pursuant to the conditions of consent in the attached Notice of Approval.
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Division of Voting |
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Voted For |
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr J Hamling, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor, Cr R Turner, Cr J Whitton |
Voted Against |
Nil |
Absent |
Cr K Duffy, Cr T Mileto |
The Meeting Closed at 8.13PM.
5.1 Recommendations and Resolutions from Policy Committees
Attachment 2 EEDPC 7 November 2017 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Employment and Economic Development Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 7 November 2017
COMMENCING AT 8.13PM
1 Introduction
Attendance
Cr J Whitton (Chairperson), Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr J Hamling, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, Cr G Taylor, Cr R Turner
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, Manager Financial Services, Operations Manager, Water and Sewerage Strategic Manager
APOLOGIES AND LEAVE OF ABSENCE
RESOLVED - 17/474 Cr J Whitton/Cr S Romano That the apologies be accepted from Cr K Duffy and Cr T Mileto (representing Council at the National Roads Congress) for the Employment and Economic Development Policy Committee of Orange City Council on 7 November 2017. |
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 General Reports
2.1 Evocities update TRIM Reference: 2017/1955 |
RESOLVED - 17/475 Cr R Kidd/Cr S Munro That Council note the Evocities 2016/17 outcomes and update on the 2017/18 program.
|
The Meeting Closed at 8.14PM
5.1 Recommendations and Resolutions from Policy Committees
Attachment 3 IPC 7 November 2017 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Infrastructure Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 7 November 2017
COMMENCING AT 8.14Pm
1 Introduction
Attendance
Cr S Romano (Chairperson), Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr J Hamling, Cr S Munro, Cr S Nugent, Cr M Previtera, 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, Manager Financial Services, Operations Manager, Water and Sewerage Strategic Manager
APOLOGIES AND LEAVE OF ABSENCE
RESOLVED - 17/476 Cr J Whitton/Cr S Romano That the apologies be accepted from Cr K Duffy and Cr T Mileto (representing Council at the National Roads Congress) for the Infrastructure Policy Committee of Orange City Council on 7 November 2017. |
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 Committee Minutes
2.1 Minutes of the City of Orange Traffic Committee - 3 October 2017 TRIM Reference: 2017/2103 |
RESOLVED - 17/477 Cr R Kidd/Cr S Munro That the recommendations made by the City of Orange Traffic Committee at its meeting held on 3 October 2017 be adopted.
|
3 General Reports
3.1 Current Works TRIM Reference: 2017/2215 |
RESOLVED - 17/478 Cr R Kidd/Cr J Whitton That the information provided in the report on Current Works be acknowledged. |
MATTER ARISING
RESOLVED - 17/479 Cr J Hamling/Cr J Whitton That Council host a public forum to present Council’s footpath and roadworks program over the next five years and invite public feedback. |
QUESTIONS TAKEN ON NOTICE Cr Hamling requested the City of Orange Traffic Committee review the unused bus zone in Coronation Drive outside Orange High School with a view to returning this area to car parking. |
Council requested the General Manager write to Orange High School requesting consideration be given to having a staff member supervise the flow of pedestrian traffic across Coronation Drive to assist in relieving traffic congestion before and after school in this area. |
Cr Taylor requested maintenance be undertaken on roadside landscaped areas on Clergate Road adjacent to Farrell Road. This will be entered as a works request. |
Cr Romano requested a review of the road verges along sides of the Northern Distributor Road, particularly in relation to some of the dips on the roadside. This will be entered as a works request. |
Cr Hamling requested a park bench be installed in the park in Endsleigh Avenue adjacent to the rail pedestrian bridge. This will be entered as a works request. |
The Meeting Closed at 8.24PM.
5.1 Recommendations and Resolutions from Policy Committees
Attachment 4 SRPC 7 November 2017 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Sport and Recreation Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 7 November 2017
COMMENCING AT 8.24pm
1 Introduction
Attendance
Cr J Hamling (Chairperson) Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, 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, Manager Financial Services, Operations Manager, Water and Sewerage Strategic Manager
APOLOGIES AND LEAVE OF ABSENCE
RESOLVED - 17/480 Cr J Whitton/Cr S Romano That the apologies be accepted from Cr K Duffy and Cr T Mileto (representing Council at the National Roads Congress) for the Sport and Recreation Policy Committee of Orange City Council on 7 November 2017. |
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 Committee Minutes
2.1 Notes of the Australia Day Community Committee Meetings - 2 August 2017 and 4 October 2017 TRIM Reference: 2017/1887 |
RESOLVED - 17/481 Cr J Whitton/Cr S Nugent That, as there were no quorums for the Australia Day Community Committee meetings held on 2 August 2017 and 4 October 2017, Council note the recommendations.
|
The Meeting Closed at 8.25PM.
5.1 Recommendations and Resolutions from Policy Committees
Attachment 5 ESPC 7 November 2017 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Environmental Sustainability Policy Committee
HELD IN THE
Council Chamber, Civic Centre, Byng Street, Orange
ON 7 November 2017
COMMENCING AT 8.25Pm
1 Introduction
Attendance
Cr S Nugent (Chairperson), Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr J Hamling, Cr S Munro, Cr M Previtera, Cr S Romano, 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, Manager Financial Services, Operations Manager, Water and Sewerage Strategic Manager
APOLOGIES AND LEAVE OF ABSENCE
RESOLVED - 17/482 Cr J Whitton/Cr S Romano That the apologies be accepted from Cr K Duffy and Cr T Mileto (representing Council at the National Roads Congress) for the Environmental Sustainability Policy Committee of Orange City Council on 7 November 2017. |
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 General Reports
2.1 Climate Council Initiative TRIM Reference: 2017/2289 |
RESOLVED - 17/483 Cr R Kidd/Cr J McRae That the report from the Director Development Services on the Cities Power Partnership Program be acknowledged.
|
The Meeting Closed at 8.28PM.
5.1 Recommendations and Resolutions from Policy Committees
Attachment 6 FPC 7 November 2017 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Finance Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 7 November 2017
COMMENCING AT 8.28pm
1 Introduction
Attendance
Cr J McRae (Chairperson) (Deputy Mayor), Cr R Kidd (Mayor), Cr J Hamling, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, 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, Manager Financial Services, Operations Manager, Water and Sewer Strategic Manager
APOLOGIES AND LEAVE OF ABSENCE
RESOLVED - 17/484 Cr J Whitton/Cr S Romano That the apologies be accepted from Cr K Duffy and Cr T Mileto (representing Council at the National Roads Congress) for the Finance Policy Committee of Orange City Council on 7 November 2017. |
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 General Reports
2.1 Requests for Financial Assistance TRIM Reference: 2017/2210 |
RESOLVED - 17/485 Cr J Hamling/Cr S Munro 1 That Council support the Orange Jobs Expo 2017 and that a sponsorship of $1,653.00 (ex GST) be made from Regional Enterprise Development - Skills and Training Project budget to cover the cost of venue hire of the Orange Function Centre. 2 That a donation of $100.00 (ex GST) be made from the Sports Participation Program to Jackson Willis for attendance at the Australian All-Schools Championships as a member of the NSW team. 3 That a donation of $250.00 (ex GST) be made from the Sports Participation Program to Rachel Hoey for attendance at Singapore-Malaysia as a member of the Hockey Australia's Country Senior Women's Team Touring Squad. 4 That the request for an in-kind-donation valued at $1,069.00 for the use of a water truck to the Orange Campdraft Club be declined as the general donations budget has been fully expended.
|
The Meeting Closed at 8.30PM.
5.1 Recommendations and Resolutions from Policy Committees
Attachment 7 SPC 7 November 2017 Minutes
ORANGE CITY COUNCIL
MINUTES OF THE
Services Policy Committee
HELD IN Council Chamber, Civic Centre, Byng Street, Orange
ON 7 November 2017
COMMENCING AT 8.31pm
1 Introduction
Attendance
Cr R Kidd (Mayor), Cr J McRae (Deputy Mayor), Cr J Hamling, Cr S Munro, Cr S Nugent, Cr M Previtera, Cr S Romano, 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, Manager Financial Services, Operations Manager, Water and Sewerage Strategic Manager
**In the absence of the Chairperson (Cr Duffy), Cr McRae chaired the meeting.**
APOLOGIES AND LEAVE OF ABSENCE
RESOLVED - 17/486 Cr J Whitton/Cr S Romano That the apologies be accepted from Cr K Duffy (Chairperson) and Cr T Mileto (representing Council at the National Roads Congress) for the Services Policy Committee of Orange City Council on 7 November 2017. |
1.1 DECLARATION OF PECUNIARY INTERESTS, SIGNIFICANT NON-PECUNIARY INTERESTS AND LESS THAN SIGNIFICANT NON-PECUNIARY INTERESTS
Nil
2 Committee Minutes
Cr Kidd moved items 2.1 – 2.4 as a whole, seconded by Cr Romano.
2.1 Minutes of the Orange Regional Museum Community Committee - 29 August 2017 TRIM Reference: 2017/1952 |
RESOLVED - 17/487 Cr R Kidd/Cr S Romano 1 That the recommendations made by the Orange Regional Museum Community Committee at its meeting held on 29 August 2017 be adopted with the exception of item 4.1.2. 2 That in relation to item 4.1.2, Council investigate the acquisition of the Lands Department building for community use.
|
2.2 Minutes of the Orange Showground Community Committee Meeting - 8 August 2017 TRIM Reference: 2017/1907 |
RESOLVED - 17/488 Cr R Kidd/Cr S Romano That the recommendations made by the Orange Showground Community Committee at its meeting held on 8 August 2017 be adopted.
|
2.3 Minutes of the Spring Hill Community Committee Meeting - 28 August 2017 TRIM Reference: 2017/1917 |
RESOLVED - 17/489 Cr R Kidd/Cr S Romano That the recommendations made by the Spring Hill Community Committee at its meeting held on 28 August 2017 be adopted.
|
2.4 Minutes of the NAIDOC Week Community Committee Meeting - 31 August 2017 TRIM Reference: 2017/1962 |
RESOLVED - 17/490 Cr R Kidd/Cr S Romano That the recommendations made by the NAIDOC Week Community Committee at its meeting held on 31 August 2017 be adopted.
|
3 General Reports
3.1 NSW & ACT Association of Family History Societies Conference 2017 TRIM Reference: 2017/2259 |
RESOLVED - 17/491 Cr R Kidd/Cr S Nugent 1 That the report on the NSW & ACT Association of Family History Associations Conference 2017 be acknowledged. 2 That a letter of congratulations and appreciation be forwarded to staff involved in organising the conference.
|
The Meeting Closed at 8.34PM.
TRIM REFERENCE: 2017/2360
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
To ensure these questions are recorded and monitored, the attached table is updated, and is provided to Council for information.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.
Financial Implications
Nil
Policy and Governance Implications
Nil
That the information provided in the report by the Manager Administration and Governance on Questions Taken on Notice be acknowledged. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Attached is a table of outstanding questions taken on notice from the Council Meetings held from 21 March 2017 to present. Where action has been taken on a particular question, this is noted in the “action” column. A new section has been added to the report where a matter arising has been progressed as a works request so Councillors are provided with an update on those items that require works to be scheduled.
1 Outstanding Questions Taken on Notice, 2014/745⇩
Council Meeting 21 November 2017
5.2 Outstanding Questions Taken on Notice
Attachment 1 Outstanding Questions Taken on Notice
2014/745 OUTSTANDING QUESTIONS TAKEN ON NOTICE
COUNCIL MEETINGS
Date of Meeting |
Question |
Responsible Staff Member |
Action |
Date for completion |
7 Nov 2017 |
Council requested the General Manager write to Orange High School requesting consideration be given to having a staff member supervise the flow of pedestrian traffic across Coronation Drive to assist in relieving traffic congestion before and after school in this area. |
Director Technical Services |
A letter has been sent to Orange High School. |
Completed |
Cr Hamling requested the City of Orange Traffic Committee review the unused bus zone in Coronation Drive outside Orange High School with a view to returning this area to car parking. |
Director Technical Services |
A report will be presented to the City of Orange Traffic Committee. |
December 2017 |
|
Council requested an inspection of the Ophir Road Resource Recovery Centre and Euchareena Road Resource Recovery Centre. |
Executive Support Manager |
Inspection of Council facilities to be organised in December. |
December 2017 |
|
Cr Turner requested additional information in relation to the training provided to those working at the Ophir Road Resource Recovery Centre in relation to customer service, charging on the weighbridge and other operations. |
Manager Waste Services and Technical Support |
Information will be provided to Councillors. |
December 2017 |
|
Cr Munro requested information on increases in lease fees of hangar sites over recent years. |
Manager Administration and Governance |
Information will be provided to Councillors. |
December 2017 |
|
Cr McRae sought information on whether the Council resolution (DA 122 and 124 McLachlan Street) would preclude the owner/developer from constructing the driveway earlier. |
Manager Development Assessments |
The developer could construct the driveway earlier if they so choose. |
Completed |
|
17 October 2017 |
Cr Taylor requested a report on the background and cost of the supply and installation of the bike rack in the Anson Street carpark. |
Director Community Recreation and Cultural Services |
A report will be provided to Council. |
December 2017 |
Cr Hamling requested a cost for the installation of a CCTV Camera at the John Lomas Skate Park |
Director Community Recreation and Cultural Services |
Council has sought a quotation from its supplier for a new CCTV camera to be installed that is compliant with legistlation, recording of images, storing of images for 30 days and ability to record at night. Two cameras are required to provide coverage of the facility. The cost is $7,508 ex gst. |
November 2017 |
|
Cr McRae requested information on what actions have been taken in those areas where waste targets have not been achieved. |
Manager Waste Services and Technical Support |
Memo to Councillors issued advising of actions proposed to address education strategy implementation and in general, most actions achieved. |
Completed |
|
A question was asked if it would be possible to provide certification that the bricks being sold for charity are from the Maternity Ward of the former Orange Base Hospital. |
Executive Support Manager |
Mayor discussed with Executive Support Manager and decided that given all bricks had now been claimed, it was not necessary to provide certification. |
Completed |
|
Cr Munro requested a report be prepared on whether the Pay It Forward facility could be used as a domestic violence crisis centre. |
Director Community Recreation and Cultural Services |
A report will be provided to Council. |
December 2017 |
|
Cr Romano requested a report on the current status of the BMX track. |
Director Community Recreation and Cultural Services |
A report will be provided to Council. |
December 2017 |
|
1 August 2017 |
Cr Duffy requested Council add to the program of new footpaths both sides of Wakeford Street, both sides of March and Oliver Streets in the vicinity of the nursing home and March Street between Hill and Sale Streets. |
Director Technical Services |
Information regarding the proposed footpath program and methodology for project selection will be provided to Council at a briefing session. |
December 2017 |
21 March 2017 |
Cr Gryllis requested Council report on the possibility of making other water reserves available for recreational purposes to be provided as soon as possible. |
Director Technical Services |
A further report was presented to the Council Meeting held on 5 September 2017 where it resolved to develop a Recreational Water Strategy for the City of Orange. |
Completed |
WORKS REQUESTS
Cr Taylor requested maintenance be undertaken on roadside landscaped areas on Clergate Road adjacent to Farrell Road. Request No: 8983/2017
Cr Romano requested a review of the road verges along sides of the Northern Distributor Road, particularly in relation to some of the dips on the roadside. Request No: 8984/2017
Cr Hamling requested a park bench be installed in the park in Endsleigh Avenue adjacent to the rail pedestrian bridge. Request No: 8985/2017
TRIM REFERENCE: 2017/2342
AUTHOR: Brock Gannon, Financial Accounting Officer
EXECUTIVE Summary
The purpose of this report is to provide a statement of Council’s investments held as at 31 October 2017.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.
Financial Implications
Nil
Policy and Governance Implications
Nil
1 That Council receives the Statement of Investments as at 31 October 2017. 2 That Council receives and adopts the certification of the Responsible Accounting Officer. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Section 212(1) of the Local Government (General) Regulation 2005 requires that a written report be presented each month at an Ordinary Meeting of the Council detailing all money that Council has invested under Section 625 of the Local Government Act 1993.
As at 31 October 2017, the investments held by Council in each fund is shown below:
|
31/10/2017 |
30/09/2017 |
General Fund |
53,610,962.56 |
48,062,795.08 |
Sewer Fund |
35,185,973.62 |
37,789,165.25 |
Water Fund |
36,145,886.15 |
37,748,907.71 |
124,942,822.33 |
123,600,868.04 |
A reconciliation of Council’s investment portfolio provides a summary of the purposes for which Council’s investments are being held. The summary is as follows:
Externally Restricted |
31/10/2017 |
30/09/2017 |
General Fund |
19,106,678.11 |
19,106,678.11 |
Water Fund |
36,145,886.15 |
37,748,907.71 |
Sewer Fund |
35,185,973.62 |
37,789,165.25 |
Auspiced |
1,605,931.39 |
1,605,931.39 |
Internally Restricted |
10,361,635.45 |
10,361,635.45 |
Unrestricted |
22,536,717.61 |
16,988,550.13 |
124,942,822.33 |
123,600,868.04 |
Portfolio Advice
Council utilises the services of an independent investment advisor in maintaining its portfolio of investments. Council’s current investment advisor is CPG Research & Advisory Pty Limited (CPG), an independent asset consultant that works with wholesale investors to develop, implement and manage their investment portfolio/s. CPG is a leading provider of independent investment consulting services to a broad range of institutional investors including government agencies, superannuation funds and not-for-profit organisations.
CPG’s major services provided to Council include:
· Quarterly portfolio summary reports
· Advice on investment opportunities, in particular Floating Rate Note products
· Advice on policy construction
· Year-end market values for Floating Note Rate products held by Council.
Portfolio Performance
Council’s current Long Term Financial Plan establishes the benchmark for Council’s interest on investments at “75 basis points above the current cash rate”. The cash rate as at 31 October 2017 remained at 1.50 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.91 per cent which continues to exceed Council’s benchmark i.e. the cash rate of 1.50 per cent plus 0.75 per cent (or 75 basis points).
Council has also utilised the AusBond Bank Bill Index to provide a further benchmark focused towards long term investments. As at 31 October 2017, the AusBond rate was 1.74 per cent. The weighted average interest rate of Council’s investment portfolio at the same reporting date was 2.91 per cent.
Council’s Investment Policy establishes limits in relation to the maturity terms of Council’s investments as well as the credit ratings of the institutions with whom Council can invest.
The following tables provide a dissection of Council’s investment portfolio as required by the Policy. The Policy identifies the maximum amount that can be held in a variety of investment products or with institutions based on their respective credit ratings.
Table 1 show the percentage held by Council (holdings) and the additional amount that Council could hold (capacity) for each term to maturity allocation in accordance with limits established by Council’s Policy.
Table 1: Maturity – Term Limits
Term to Maturity Allocation |
Maximum |
Holding |
Capacity |
0 - 3 Months |
100.00% |
12.47% |
87.53% |
3 - 12 Months |
100.00% |
63.20% |
36.80% |
1 - 2 Years |
70.00% |
7.36% |
62.64% |
2 - 5 Years |
50.00% |
16.97% |
33.03% |
5+ Years |
25.00% |
0.00% |
25.00% |
Table 2 shows the total amount held, and the weighted average interest rate (or return on investment), by credit rating. The credit rating is an independent opinion of the capability and willingness of a financial institution to repay its debts, or in other words, the providers’ financial strength or creditworthiness. The rating is typically calculated as the likelihood of a failure occurring over a given period, with the higher rating (AAA) being superior due to having a lower chance of default. However, it is generally accepted that this lower risk will be accompanied by a lower return on investment.
Table 2 demonstrates that Council receives a lower return for its AA rated investments than for those with ratings of A or less. The return on investment is similar for the other rating categories due to the fact that much of the A rated investments are held for longer durations, and were therefore invested at higher interest rates from more than a year ago. The BBB and NR rated investments have typically been shorter in duration and therefore reflective of more recent downward interest rate movements within the last 12 months.
Table 2: Credit Rating Limits
Credit Rating |
Maximum |
Holding |
Capacity |
Value |
Return on Investment |
AAA |
100.00% |
0.00% |
100.00% |
N/A |
N/A |
AA |
100.00% |
24.02% |
75.98% |
$31,060,786 |
2.83% |
A |
60.00% |
40.92% |
19.08% |
$52,900,791 |
2.94% |
BBB & NR |
40.00% |
31.69% |
8.31% |
$40,981,246 |
2.94% |
Below BBB |
0.00% |
0.00% |
0.00% |
N/A |
N/A |
Certification by Responsible Accounting Officer
I, Jason Cooke, hereby certify that all investments have been made in accordance with Section 625 of the Local Government Act 1993, Clause 212 of the Local Government (General) Regulation 2005 and Council’s Investment Policy.
RECORD NUMBER: 2017/2238
AUTHOR: Wayne Gailey, Acting Director Technical Services
EXECUTIVE Summary
This report seeks a determination by Council as to whether to proceed with the construction of the Forest Road Bridge at the present time given both a shortfall in funding identified following the close of tenders and other constraints around timing, other projects and traffic impacts
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “14.1 Our Environment – Design and construct new infrastructure assets as specified with the Asset Management Plan to agreed levels of service”.
Financial Implications
This report identifies a funding shortfall of approximately $1.9M if Council wishes to proceed with the construction of the East Fork Bridge duplication. Should Council wish to proceed with this project, Council will need to consider potential funding sources.
Policy and Governance Implications
The recommendation provides the mechanism for Council to not proceed with awarding the tender in accordance with the Local Government Act 1993 and tendering guidelines.
1 That Council not proceed with the construction of the Forest Road Bridge Duplication at this time as the cost for construction will significantly exceed the available budget. 2 That Council declines to accept any of the tenders for the construction of the Forest Road Bridge Duplication as a result of all tenders exceeding the available budget. 3 That Council cancel the proposal to contract the Forest Road Bridge Duplication contemplated in the tender. 4 That Council note that extenuating circumstances exist, being that tenders received did not meet available budget, and that Council does not consider re-tendering will achieve a better result. 5 That Council make representations to State and Federal grant funding agencies advising of Council’s decision not to proceed with the project and requesting that funds instead be made available for the construction of further stages of the Southern Feeder Road.
|
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Grant funding for this project was made available through the State and Federal Governments. Restart NSW is contributing $1,250,000 and the Bridges Renewal Program is contributing $1,250,000 resulting in grants totalling $2,500,000. An additional $1,240,000 is potentially available through the use of Section 94 funds, hence the current maximum project budget available is $3,740,000.
Three tenders were received for this project, two under $4.9M and one significantly more. In addition to the construction cost it is estimated that an additional $750,000 would be required to complete the project covering cost to date, project management costs, additional JH Rail compliance, contingency (est.).
In total the bridge construction is estimated to be in the order of $5.65M hence there are insufficient funds to progress the works at this stage without deferring other pressing road upgrade projects such as the Northern Distributor Road at Clergate Road or utilising funds that are available for other projects.
Cost estimates were put together by Council’s Works staff based on previous works. Tendered costs significantly exceed the estimate. It is likely that the requirements to keep the existing bridge operational whilst maintaining pedestrian access as well as meeting the arduous requirements of John Holland Rail may have been seen as a significant risk by contractors contributing to the scale of the tenders received, as well as the tenderers profit expectation for a complex project.
It is interesting to note that from the 15 organisations that attended the pre-tender meeting, only three submitted tenders.
Given the size of the project budget gap, re-tendering the work alone is not expected to achieve a significant enough saving to allow the project to proceed.
To provide some background, the report on the Part 5 Environmental Assessment for the project is attached. This report provides a basic description of the project and reference to community concerns raised during the advertising of the Review of Environmental Factors.
On 22 June 2017 Council resolved:
5.5 Part 5 Environmental Assessment East Fork Road Bridge TRIM Reference: 2017/1200 |
RESOLVED - 17/267 Cr J Hamling/Cr S Munro That Council approves the East Fork Road Project in accordance with its obligations under Part 5 of the Environmental Planning & Assessment Act 1979. |
Given Council is currently out to tender for upgrade work on Forest Road adjacent to the hospital and is also seeking grant funding for the Southern Feeder Road, it is likely to be advantageous to delay the construction of the duplicate bridge until after these works are complete. These advantages include:
· Less traffic congestion on Anson Street generated by bridge works as more alternate North / South road links will exist
· Possible construction productivity improvements and cost savings by allowing the closure of Peisley Street at the bridge for the project duration.
In this case, after the Forest Road and Southern Feeder Road works are complete, the need for the bridge duplication could be reviewed and, if warranted, funding for the bridge duplication could again be sought,
Should the recommendation be carried, Council would need to advise the grant funding bodies of its intention not to proceed at this time but could then lobby to redirect the current funding for the bridge duplication towards the Southern Feeder Road.
The following alternate options to the recommendation are provided:
· Providing an additional $1.9M to the project by deferring other projects and their funding.
· Accepting none of the current tenders and re-tendering the project to try to achieve a price in line with the project budget.
· Applying for additional grant funding for the project to the value of $1.9M along with undertaking lobbying.
It should be noted that the existing grant funding has been provided based upon full expenditure being achieved within the current financial year. Further, suitably aligned grant funding opportunities, other than the schemes already contributing to the project are limited.
1 Attachment - Forest Road Bridge Duplication Project Feasibility, D17/63634⇩
Council Meeting 21 November 2017
5.4 Forest Road Bridge Duplication Project Feasibility
Attachment 1 Attachment - Forest Road Bridge Duplication Project Feasibility
RECORD NUMBER: 2017/2417
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
This year’s Local Government NSW (LGNSW) Annual Conference will be held from Monday 4 December 2017 to Wednesday 6 December 2017 at the Hyatt Regency, Sydney. At this stage, six Councillors will be attending. This report proposes that the Council Meeting scheduled for Tuesday 5 December 2017 be re-scheduled to be held on Thursday 7 December 2017 at 7pm.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.
Financial Implications
Nil
Policy and Governance Implications
Council will advertise the change of meeting date in accordance with the Code of Meeting Practice.
That the Council Meeting scheduled for Tuesday 5 December 2017 be held on Thursday 7 December 2017 at 7.00pm. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
With six Councillors at this stage proposed to attend the Local Government NSW Annual Conference from 4 to 6 December 2017, Council will be unable to achieve a quorum for a Council Meeting during that time.
It is proposed to reschedule the meeting to Thursday 7 December 2017 to allow all Councillors to attend. Council will advertise the change of meeting date.
RECORD NUMBER: 2017/2418
AUTHOR: Michael Glenn, Senior Planner
EXECUTIVE Summary
Application lodged |
15 June 2017 |
Applicant/s |
Mr RD and Mrs EM Linsell |
Owner/s |
Mr RD and Mrs EM Linsell |
Land description |
Lot 12 DP 1225121 - 76 Hill Street, Orange |
Proposed land use |
Dwelling alterations and additions, garage (new), existing carport/garage conversion (gymnasium) and fencing (front boundary fencing) |
Value of proposed development |
$321,750 |
In relation to this matter, the Planning and Development Committee resolved at its meeting on 7 November 2017 as follows:
2.4 Development Application DA 211/2016(2) - 76 Hill Street TRIM Reference: 2017/2182 |
RESOLVED - 17/463 Cr J Whitton/Cr S Munro That Council prepare a draft Notice of Approval for development application DA 211/2016(2) for dwelling alterations and additions, garage (new), existing carport/garage conversion (gymnasium) and fencing (front boundary fencing) at Lot 12 DP 1225121 - 76 Hill Street, Orange for consideration at the next Council Meeting. |
This approval was given by Orange City Council recognising that, although the proposed garage location contradicts the adopted Infill Guidelines 2017, the development involves a sympathetic and blended design of high quality. A critical part of the rationale behind the Council approval is the premise that the heritage value of this particular precinct (the eastern side of Hill Street from Byng Street to Summer Street) needs to be acknowledged as being of a lower level of significance, given the disparate collection of buildings.
As the issue relates to an existing approval, all that is required is that the existing consent be altered to accommodate the development as modified (ie the garage). The attached Notice has been altered pursuant to the resolution of the Planning & Development Committee and is submitted to Council for approval.
There are no planning issues arising beyond those raised in the previous reports prepared for this matter.
As requested by Cr Kidd, Council staff have discussed the materials to be used with the applicant. These will be:
· Tilt-a-door with vertical timber detail to match the front fence in grey tones.
· Also matching brick to front wall using bricks salvaged from the rear of the dwelling.
· Matching fascia detail of grey tones to match the dwelling.
· Roof pitch and gal corrugated roof sheeting will also be undertaken as submitted.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “13.4 Our Environment – Monitor and enforce regulations relating to City amenity”.
Financial Implications
Nil
Policy and Governance Implications
Nil
That Council consents to development application DA 211/2016(2) for Dwelling Alterations and Additions, Garage (new), Existing Carport/Garage Conversion (gymnasium) and Fencing (front boundary fencing) at Lot 12 DP 1225121 - 76 Hill Street Orange pursuant to the conditions of consent in the attached Notice of Approval. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
1 Notice of Approval, D17/66312⇩
Council Meeting 21 November 2017
5.6 Development Application DA 211/2016(2) - 76 Hill Street
Attachment 1 Notice of Approval
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ORANGE CITY COUNCIL
Development Application No DA 211/2016(2)
NA17/ Container PR5220 |
NOTICE OF DETERMINATION
OF A DEVELOPMENT APPLICATION
(AS MODIFIED)
issued under the Environmental Planning and Assessment Act 1979
Section 81(1)
Development Application |
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Applicant Name: |
Mr RD and Mrs EM Linsell |
Applicant Address: |
76 Hill Street ORANGE NSW 2800 |
Owner’s Name: |
Mr RD and Mrs EM Linsell |
Land to Be Developed: |
Lots 1 and 2 DP 716752 - 76 Hill Street, Orange |
Proposed Development: |
Dwelling Alterations and Additions, Garage, Existing Carport/Garage Conversion and Fence |
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Building Code of Australia building classification: |
Class 1a and Class 10a |
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Determination |
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Made On: |
21 November 2017 |
Determination: |
CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW: |
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Consent to Operate From: |
21 September 2016 |
Consent to Lapse On: |
21 September 2021 |
Terms of Approval
The reasons for the imposition of conditions are:
(1) To ensure a quality urban design for the development which complements the surrounding environment.
(2) To maintain neighbourhood amenity and character.
(3) To ensure compliance with relevant statutory requirements.
(4) To ensure the utility services are available to the site and adequate for the development.
(5) To prevent the proposed development having a detrimental effect on adjoining land uses.
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Conditions
(1) The development must be carried out in accordance with:
(a) Plans by Blanchard Design Drafting B406-16 plans C.01E, C.02E, C.03E, C.04E, C.05E (5 sheets)
Amending plans by Blanchard Design Drafting Rev F numbered B406-16C.01F (Site Plan), 02F (Floor Plan), 03F (Front Elevation), 04F (Elevations Sheet 2)
(b) statements of environmental effects or other similar associated documents that form part of the approval
as amended in accordance with any conditions of this consent.
PRESCRIBED CONDITIONS |
(2) All building work must be carried out in accordance with the provisions of the Building Code of Australia.
(3) A sign is to be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:
(a) showing the name, address and telephone number of the principal certifying authority for the work, and
(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and
(c) stating that unauthorised entry to the site is prohibited.
Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out.
(4) In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of the Act, evidence that such a contract of insurance is in force is to be provided to the Principal Certifying Authority before any building work authorised to be carried out by the consent commences.
(5) Where any excavation work on the site extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:
(a) protect and support the adjoining premises from possible damage from the excavation, and
(b) where necessary, underpin the adjoining premises to prevent any such damage.
Note: This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE |
(6) The conversion of the rear carport/garage building to accommodate a shower, home gymnasium and storage area shall have a structural design for the slab and footing to demonstrate that the building is supported over Council’s existing sewer’s zone of influence.
(7) Prior to the issue of a Construction Certificate, evidence shall be submitted to Council of the lodgement of plans with Land & Property Information to consolidate Lot 1 DP 716752 and Lot 2 DP 716752 into one parcel.
PRIOR TO WORKS COMMENCING |
(8) The location and depth of the sewer junction/connection to Council’s sewerage system is to be determined to ensure that adequate fall to the sewer is available.
DURING CONSTRUCTION/SITEWORKS |
(9) All construction/demolition work on the site is to be carried out between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive, 7.00 am to 5.00 pm Saturdays and 8.00 am to 5.00 pm Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.
(10) Where Orange City Council is appointed as the Principal Certifying Authority, the following inspections will be required to be carried out by Council:
- at commencement of building work
- footing reinforcement, prior to the pouring of concrete
- slab reinforcement, prior to the pouring of concrete
- frame inspection
- wet area waterproofing
- final inspection.
Should any of the above mandatory inspections not be carried out by Council, an Occupation Certificate will not be issued on the complete structure.
(11) A Registered Surveyor’s certificate identifying the location of the building on the site must be submitted to the Principal Certifying Authority.
(12) All materials onsite or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.
(13) Building demolition is to be carried out in accordance with Australian Standard 2601:2001 - The Demolition of Structures and the requirements of the NSW WorkCover Authority.
(14) Any asbestos material must be removed and disposed of in accordance with the provisions of the Work Health & Safety Act 2011 and any guidelines or Codes of Practice published by WorkCover.
(15) The sewer junction shall be relocated outside of the rear carport/garage building which is proposed to be converted to accommodate a shower, home gymnasium and storage area and the existing junction capped off. The new junction shall be located outside the zone of influence of the building.
(16) Council’s sewer is to be relined by Orange City Council at the cost of the developer.
PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE |
(17) No person is to use or occupy the building or alteration that is the subject of this approval without the prior issuing of an Occupation Certificate.
(18) Finished ground levels are to be graded away from the buildings and adjoining properties and must achieve natural drainage. The concentrated flows are to be dispersed down slope or collected and discharged to the stormwater drainage system.
(19) Prior to the issue of an Occupation Certificate, evidence shall be submitted to Council of the registration of plans with Land & Property Information to consolidate Lot 1 DP 716752 and Lot 2 DP 716752 into one parcel.
(20) The front fence shall not exceed 1.8m in height, measured from the highest finished ground level adjacent to each part of that fence.
(21) All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation Certificate, unless stated otherwise.
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Other Approvals
(1) Local Government Act 1993 approvals granted under section 68.
Water, sewer and stormwater
(2) General terms of other approvals integrated as part of this consent.
(1) All plumbing and drainage (water supply, sanitary plumbing and drainage, stormwater drainage and hot water supply) is to comply with the Local Government (Water, Sewerage and Drainage) Regulation 1998, the Plumbing Code of Australia 2012 - Plumbing & Drainage and Australian Standard AS3500 - National Plumbing and Drainage Code. Such work is to be installed by a licensed plumber and is to be inspected and approved by Council prior to concealment.
(2) Orange City Council is the Water and Sewer Authority for the Orange City Council area. Therefore all water and sewer works must be inspected by Council. These inspections CANNOT be carried out by a private certifier.
(3) The following inspections are required to be carried out by Council as the Water and Sewer Authority:
- internal sewer
- hot and cold water installation
- external sewer
- stormwater drainage
- installation of on-site sewage management systems (tanks, absorption trenches / irrigation areas)
- final on water, sewer and stormwater drainage and Council services.
(4) Hot water shall be stored at a minimum of 60OC and be delivered to all sanitary fixtures used for personal hygiene (bathrooms/ensuites) at a temperature not exceeding 50oC. Where tempering valves are installed, a sign is to be permanently fixed on the hot water heater adjacent to the tempering valve (clearly visible) indicating:
“A tempering valve has been installed to prevent scalding. This valve is to be renewed at intervals as recommended by the manufacturer.”
(5) All stormwater is to be disposed of in a manner suitable to the site.
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Right of Appeal
If you are dissatisfied with this decision, section 97 of Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within 6 months after the date on which you receive this notice.
* Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.
Disability Discrimination Act 1992: |
This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992.
The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation.
The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia. |
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Disclaimer - S88B Restrictions on the Use of Land: |
The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work. |
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Signed: |
On behalf of the consent authority ORANGE CITY COUNCIL |
Signature: |
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Name: |
DAVID WADDELL - DIRECTOR DEVELOPMENT SERVICES |
Date: |
22 November 2017 |
RECORD NUMBER: 2017/2442
AUTHOR: Nick Redmond, Manager Corporate and Community Relations
EXECUTIVE Summary
At its meeting held on 15 November 2016, Council resolved:
RESOLVED - 16/477 Cr J Hamling/Cr S Munro 1 That funding source for the $150,000 contribution for parking on the Orange Health Service campus be identified as part of the next quarterly review. 2 That approval be granted for the use of the Council Seal on any relevant documents if required.
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The above $150,000 was a 50% contribution towards the provision of an additional 77 spaces.
Council identified the opportunity for additional parking north of the hospital on the southern edge of the golf course in 2014.
Council received a letter from the then Minister for Health the Hon Jillian Skinner committing the Western NSW Local Health District to matching the Council contribution of $150,000 in the 2016/17 year. A Ministerial media release was issued on 1 November 2016 committing the NSW Government to an additional $1 million in funding.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “2.3 Our City - Facilitate community input into local and regional strategic lobbying and advocacy initiatives for the needs and aspirations of the people of the City of Orange to external stakeholders”.
Financial Implications
The $150,000 was included in the budget and the $32,500 was covered from within existing operational resources.
This $150,000 and the $32,500 together with Council funding for roadworks already undertaken will take Council’s contribution for health precinct related infrastructure to $572,500. This includes the Huntley Road/Bloomfield campus intersection upgrade and internal roadworks. There were other funding partners for this work including the NSW Government and the Orange Ex-Services Club.
Policy and Governance Implications
Nil
That the report by the Manager Corporate and Community Relations on parking at Orange Health Service be acknowledged. |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
Since the resolution of 15 November 2016 Council has been in consultation with the Orange Health Service and the Orange Ex-Services Club on the project.
With the combined funding detailed above the proposed works were projected to create more than 150 spaces. The sites identified by Council in consultation with the Orange Health Service included along the golf course, near the Country Club and between the Cancer Care West Lodge and the rear entrance to the Health Service.
The Club has been open to working with Council and the Health Service on parking opportunities between the course and the Health Service. Initially 77 spaces were identified in the area. However, that proposal ultimately did not proceed due to the potential impact on the 18th hole and the cost of protective fencing. It should be noted that the Club has been a willing and cooperative participant in the negotiations.
At this point it was determined that future parking alternatives and design works would need to be carried out by the Health Service and its public private partner Pinnacle HealthCare (see attached letter).
In the absence of the 77 golf course spaces the Health Service has advised that the intention remains to create more than 150 new spaces.
It has also advised that an application for the new parking spaces is before the Office of Environment and Heritage and tenders will follow.
1 Western NSW Local Health District letter re Orange Health Service Parking, IC17/16671⇩
Council Meeting 21 November 2017
5.7 Parking Orange Health Service
Attachment 1 Western NSW Local Health District letter re Orange Health Service Parking
RECORD NUMBER: 2017/2443
AUTHOR: Nick Redmond, Manager Corporate and Community Relations
EXECUTIVE Summary
During a recent visit to Orange by representatives of Timaru District Council, including Mayor Damon Odey, Cr Steve Willls and Timaru Sister City representative Barry Suter, a memorandum of understanding (MOU) to manage staff exchanges was discussed. A draft MOU provided by Timaru District Council is attached and will be finalised by the General Manager.
Orange has had a Sister City relationship with Timaru since 1986. It has involved numerous community exchanges the most recent being a visit to Timaru by a James Sheahan Catholic High School rugby union team earlier this year.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “4.1 Our City – Continue to deliver a leadership role as a major entity in the region and actively contribute to the future direction of local, regional and national initiatives to support and facilitate improved outcomes for the community”.
Financial Implications
If the exchange program was to proceed a further cost analysis would need to be undertaken. However, it is envisaged each exchange, depending on length of stay, would incur costs in the vicinity of up to $5,000 per staff member. The costs of this program would need to be funded from the staff training and development program.
Policy and Governance Implications
Overseas trips by staff and Councillors are a reportable requirement in the Annual Report.
That the report on the draft exchange memorandum of understanding with Timaru, New Zealand be acknowledged. |
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 |
If exchanges proceeded there would be some implications for the delivery of services for tasks otherwise undertaken by the staff member on exchange. |
Employees |
An exchange could provide some opportunities professional development to staff. |
SUPPORTING INFORMATION
In preliminary discussions with Timaru District Council Chief Executive Bede Caran, it was suggested that a focus of an MOU could be exchanged that build knowledge and expertise for both Councils.
For example if there was an area where Timaru was demonstrating innovation, an exchange could be built around that. Equally there will be areas where Orange is excelling that Timaru could benefit from.
1 Draft MOU, D17/66571⇩
Council Meeting 21 November 2017
5.8 Draft Exchange Memorandum of Understanding with Timaru
Attachment 1 Draft MOU
RECORD NUMBER: 2017/2446
AUTHOR: Michelle Catlin, Manager Administration and Governance
EXECUTIVE Summary
The review of Council’s Strategic Policies continues, with this report presenting a number of policies that have been reviewed and amended, and are recommended for placement on public exhibition.
Link To Delivery/OPerational Plan
The recommendation in this report relates to the Delivery/Operational Plan strategy “1.2 Our City - Information and advice provided for the decision-making process will be succinct, reasoned, accurate, timely and balanced”.
Financial Implications
Nil
Policy and Governance Implications
Council’s Strategic Policies are being reviewed and amended to ensure ongoing compliance with legislation and industry best practice. Policies of Council are of two types – Strategic Policies are determined by Council, and relate to Councillors and the broader community. The Local Government Act 1993 requires the public exhibition of Policies (if new or include significant changes) and adoption by Council. Operational Policies are determined and implemented by the General Manager, and relate to staff and the operations of the organisation.
Council will be presented with all Strategic Policies over the coming months as a comprehensive review has commenced.
That Council place the following draft Strategic Policies on public exhibition for a minimum of 28 days: ST092 – Privacy and Personal Information ST062 – Records Management for Councillors ST131 – Orange Regional Museum Heritage Collection |
further considerations
Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.
SUPPORTING INFORMATION
A review of Council’s Strategic Policy framework continues, and the following policies have been reviewed and are recommended for placement on public exhibition.
Following the exhibition process, and consideration of any submissions, a further report will be provided to Council attaching any submissions and suggesting any amendments to the policies prior to final adoption by Council.
A summary of the major amendments to each policy are set out below.
ST092 – Privacy and Personal Information
The Privacy and Personal Information Policy and associated Plan have been amended to reflect the terminology set out in the Privacy Code of Practice for Local Government. Other amendments are identified in the table below:
Section/Reference |
Amendment |
1.5 Personal Information held by Council |
Updated to include enrolment information for a range of Council services, application details (for example information on forms provided for donation or sponsorship requests). |
2.9 Investigative functions |
Consolidation of duplicate information to identify that where Council is conducting an investigation, it will have regard to any applicable direction of the Information and Privacy Commissioner under Section 41 of the Privacy and Personal Information Protection Act 1998, that may affect the application of any Information Protection Principle. |
2.10 Disclosure of information for research purposes |
Consolidation of duplication information to identify the disclosure of personal information for research purposes will be allowed only in accordance with any applicable Direction made by the Privacy Commissioner under section 41 of PPIPA or any Research Code of Practice made by the Attorney General as may be in force for the time being. |
Part 4 – Health Privacy Principles |
Inclusion of notation that Council is required to comply with the Health Records and Information Protection Act 2002 in its collection and management of health information. |
5.2 – Responsibilities of the Privacy Contact Officer |
Consolidation of requirements to ensure Privacy Contact Officer provides advice in relation to personal or health information, and the purpose for the collection and use of that information. |
ST062 – Records Management for Councillors
Section/Reference |
Amendment |
1.2.1 State Records |
Clarification that any correspondence sent to a Councillor relating to any Council business (including any correspondence sent to a Council-provided or private email or postal address) is a “State Record” |
2.3.2 Email and electronic records |
Clarification that any records should be forwarded to the Executive Support Manager for processing into Council’s system. |
ST131 – Orange Regional Museum Heritage Collection
A key requirement for the review of this Policy is to include provisions relating to Council’s application for gifts to the Orange Regional Museum to have tax deductible gift recipient status. This Policy was first prepared prior to the Museum being constructed, and therefore several elements of the Policy can now be deleted as the actions have been completed.
Section/Reference |
Amendment |
Objectives |
Addition of point 7 to ensure compliance with the Australian Taxation Office requirements in the event of distribution of surplus property on winding up or revocation of the Deductible Gift Recipient status endorsement |
4.16 Collection Policies |
Council will ensure that if the deductible gift recipient status of the Museum is revoked or wound up, any surplus assets that had been gifted under that status will be transferred to an entity to which deductible gift recipient status applies. |
10 Management of the Collection |
Provisions relating to the employment of a Museum Manager and setting up a governance structure for the Museum have been deleted. |
1 DRAFT - Strategic Policy - ST092 - Privacy and Personal Information - Policy, D17/65444⇩
2 DRAFT - Strategic Policy - ST092 - Privacy and Personal Information - Attachment, D17/65446⇩
3 DRAFT - Strategic Policy - ST062 - Records Management for Councillors - Policy, D17/65443⇩
4 DRAFT - Strategic Policy - ST062 - Records Management for Councillors - Attachment, D17/65442⇩
5 DRAFT - Strategic Policy - ST131 - Orange Regional Museum Heritage Collection, D17/66287⇩
Council Meeting 21 November 2017
5.9 Strategic Policy Review
Attachment 1 DRAFT - Strategic Policy - ST092 - Privacy and Personal Information - Policy
PRIVACY AND PERSONAL INFORMATION
ST092 F22
Objective
To assist Council in dealing with personal information and providing for the protection and privacy of individuals in accordance with the Privacy and Personal Information Protection Act 1998 and the Health Records and Information Privacy Act 2002.
Applicability
This policy applies to Councillors, Council employees, contractors, volunteers, committee members and other delegates.
General
The Privacy and Personal Information Protection Act 1998 (PPIPA) provides for the protection of personal information and the privacy of individuals. The Act provides for the protection of personal information by means of Information Protection Principles, as outlined in the Privacy and Personal Information Plan. This Plan includes amendments proposed by the Privacy Code of Practice for Local Government.
Procedure
Council’s Privacy and Personal Information Plan is based on the Model Privacy Management Plan issued by the Office of Local Government in February 2013.
Procedures for managing private and personal information are found in the Privacy and Personal Information Plan.
Related Policies/Documents
Code of Conduct
Access to Information held by Council
Local Government Act 1993
Government Information (Public Access) Act 2009
Privacy and Personal Information Protection Act 1998
Health Records and Information Privacy Act 2002
Privacy Code of Practice for Local Government
Office of Local Government Model Privacy Management Plan
Responsible Area – Corporate and Commercial Services
REVISION |
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DATE |
RESOLUTION |
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DATE |
RESOLUTION |
1 |
January 2008 |
Operational |
4 |
1 July 2014 |
14/797 |
2 |
January 2009 |
09/453 |
5 |
17 Nov 2015 |
15/541 |
3 |
21 May 2013 |
13/223 |
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All policies can be reviewed or revoked by resolution of Council, at any time. |
SUMMARY OF AMENDMENTS
November 2017 |
1.5 – Personal Information held by Council: Updated to include enrolment information for a range of Council services, application details (for example information on forms provided for donation or sponsorship requests). 2.9 Investigative functions: Consolidation of duplicate information to identify that where Council is conducting an investigation, it will have regard to any applicable direction of the Information and Privacy Commissioner under Section 41 of the Privacy and Personal Information Protection Act 1998, that may affect the application of any Information Protection Principle. 2.10 Disclosure of information for research purposes: Consolidation of duplication information to identify the disclosure of personal information for research purposes will be allowed only in accordance with any applicable Direction made by the Privacy Commissioner under section 41 of PPIPA or any Research Code of Practice made by the Attorney General as may be in force for the time being. Part 4 – Health Privacy Principles: Inclusion of notation that Council is required to comply with the Health Records and Information Protection Act 2002 in its collection and management of health information. 5.2 – Responsibilities of the Privacy Contact Officer: Consolidation of requirements to ensure Privacy Contact Officer provides advice in relation to personal or health information, and the purpose for the collection and use of that information. |
October 2015 |
Formatting updates. 3.3 – Objectors will be advised by notification in an advertisement of a DA that the objection will be included in a public report. Part 4 – Inclusion of health information in relation to residential care clients. |
July 2014 |
New Model Privacy Management Plan issued by the Division of Local Government – customised to Orange City Council format, cosmetic changes only to Model Plan. |
5.9 Strategic Policy Review
Attachment 2 DRAFT - Strategic Policy - ST092 - Privacy and Personal Information - Attachment
PRIVACY AND PERSONAL INFORMATION Plan
TABLE OF CONTENTS
Preface.......................................................................................................... 4
Part 1 – Introduction................................................................................................................ 5
1.1 What is “Personal Information”?.......................................................................................... 6
1.2 What is not “Personal Information”...................................................................................... 6
1.3 Policy on Electoral Rolls........................................................................................................ 6
1.4 Application of this Plan......................................................................................................... 7
1.5 Personal Information held by Council................................................................................... 7
1.6 Applications for Suppression in Relation to General Information (not public registers)........... 7
1.7 Caution as to Unsolicited Information................................................................................... 8
Part 2 – Public Registers........................................................................................................... 9
2.1 Public Registers, the PPIPA and the HRIPA............................................................................ 9
2.2 Effect on Section 6 of the GIPA Act..................................................................................... 10
2.3 Where some Information in the Public Register has been Published.................................... 10
2.4 Disclosure of Personal Information Contained in the Public Registers................................... 11
2.5 Purposes of Public Registers............................................................................................... 11
2.6 Applications for Access to Own Records on a Public Register................................................ 12
2.7 Applications for Suppression in Relation to a Public Register................................................ 12
2.8 Other Registers.................................................................................................................. 13
2.9 Investigative Functions....................................................................................................... 13
2.10 Disclosure of Information for Research Purposes................................................................ 13
Part 3 – The Information Protection Principles.................................................................... 14
3.1 Principle 1 - Collection of Personal Information................................................................... 14
3.2 Principle 2 - Direct Collection............................................................................................... 15
3.3 Principle 3 - Requirements When Collecting Information..................................................... 17
3.4 Principle 4 - Other Requirements Relating to Collection of Personal Information.................. 19
3.5 Principle 5 - Retention and Security of Personal Information................................................ 20
3.6 Principle 6 - Information held by Agencies........................................................................... 21
3.7 Principle 7 - Access to Personal Information held by Agencies.............................................. 22
3.8 Principle 8 - Alteration of Personal Information................................................................... 23
3.9 Principle 9 - Agency Must Check Accuracy of Information before Use.................................. 25
3.10 Principle 10 - Limits on Use of Personal Information............................................................ 26
3.11 Principle 11 - Limits on Disclosure of Personal Information................................................... 28
3.12 Principle 12 - Special Restrictions on Disclosure of Personal Information............................... 31
Part 4 – Health Privacy Principles.......................................................................................... 33
4.1 Principle 1 - Purposes of Collection of Health Information ................................................... 34
4.2 Principle 2 - Information must be relevant, not excessive accurate and not intrusive............ 34
4.3 Principle 3 - Collection to be from Individual Concerned ...................................................... 34
4.4 Principle 4 - Individual to be made aware of Certain Matters............................................... 34
4.5 Principle 5 - Retention and Security .................................................................................... 36
4.6 Principle 6 - Information about Health Information held by Organisations............................ 36
4.7 Principle 7 - Access to Health Information........................................................................... 37
4.8 Principle 8 - Amendment of Health Information.................................................................. 37
4.9 Principle 9 - Accuracy.......................................................................................................... 38
4.10 Principle 10........................................................................................................................ 38
4.11 Principle 11 -...................................................................................................................... 41
4.12 Principle 12 - Identifiers...................................................................................................... 44
4.13 Principle 13 - Anonymity..................................................................................................... 44
4.14 Principle 14 - Transborder Data Flows and Data Flow to Commonwealth Agencies................ 45
4.15 Principle 15 - Linkage of Health Records.............................................................................. 45
Part 5 – Implementation of the Privacy Management Plan................................................ 47
5.1 Training Seminars/Induction............................................................................................... 47
5.2 Responsibilities of the Privacy Contact Officer..................................................................... 47
Part 6 – Internal Review......................................................................................................... 48
6.1 How does the process of Internal Review operate?............................................................ 48
6.2 What happens after an Internal Review?............................................................................ 48
Part 7 – Other Relevant Matters............................................................................................ 49
7.1 Contracts with consultants and other private contractors.................................................... 49
7.2 Confidentiality................................................................................................................... 49
7.3 Misuse of personal or health information........................................................................... 49
7.4 Regular review of the Collection, Storage and Use of Personal or Health Information........... 49
7.5 Regular review of Privacy Management Plan....................................................................... 49
7.6 Further information........................................................................................................... 49
Part 8 – Appendices................................................................................................................ 50
Appendix 1: Statutory Declaration for access under Section 57 of the Privacy and Personal Information Protection Act 1998 to a Public Register held by Council....................................................................................... 51
Appendix 2: Privacy Notification Form - Section 10 (Pre – Collection)............................................. 52
Appendix 3: Privacy Notification Form - Section 10 (Post – Collection)........................................... 53
Appendix 4: Application under Section 13 of the Privacy and Personal Information Protection Act 1998: To determine whether Council holds personal information about a Person......................................................... 54
Appendix 5: Application under Section 14 of the Privacy and Personal Information Protection Act 1998: For access to Applicant’s Personal Information................................................................................................. 55
Appendix 6: Application under Section 15 of the Privacy and Personal Information Protection Act 1998: For alteration of Applicant’s Personal Information............................................................................................. 56
PREFACE
The Privacy and Personal Information Protection Act 1998 (the “PPIPA”) requires all councils to prepare a Privacy Management Plan outlining their policies and practices to ensure compliance with the requirements of that Act and the Health Records and Information Privacy Act 2002 (the HRIPA).
In particular, the object of this plan is to inform:
· The community about how their personal information will be used, stored and accessed after it is collected by Council
· Council staff of their obligations in relation to handling personal information and when they can and cannot disclose, use or collect it.
PART 1 – INTRODUCTION
The Privacy and Personal Information Protection Act 1998 (“PPIPA”) provides for the protection of personal information and for the protection of the privacy of individuals. Section 33 of the PPIPA requires all councils to prepare a Privacy Management Plan (the “Plan”) to deal with:
§ the devising of policies and practices to ensure compliance by Council with the requirements of the PPIPA and the Health Records and Information Privacy Act 2002 (“HRIPA”)
§ the dissemination of those policies and practices to persons within Council
§ the procedures that Council proposes for internal review of privacy complaints
§ such other matters as are considered relevant by Council in relation to privacy and the protection of personal information held by it
This Privacy and Personal Information Plan has been prepared for the purpose of section 33 of the PPIPA.
PPIPA provides for the protection of personal information by means of 12 Information Protection Principles. Those principles are listed below:
Principle 1 - Collection of personal information for lawful purposes
Principle 2 - Collection of personal information directly from individual
Principle 3 - Requirements when collecting personal information
Principle 4 - Other requirements relating to collection of personal information
Principle 5 - Retention and security of personal information
Principle 6 - Information about personal information held by agencies
Principle 7 - Access to personal information held by agencies
Principle 8 - Alteration of personal information
Principle 9 - Agency must check accuracy of personal information before use
Principle 10 - Limits on use of personal information
Principle 11 - Limits on disclosure of personal information
Principle 12 - Special restrictions on disclosure of personal information
Those principles are modified by the Privacy Code of Practice for Local Government (“the Code”) made by the Attorney General.
The Privacy Code has been developed to enable Local Government to fulfil its statutory duties and functions under the Local Government Act 1993 (the “LGA”) in a manner that seeks to comply with the PPIPA.
This Plan outlines how Council will incorporate the 12 Information Protection Principles into its everyday functions.
This Plan should be read in conjunction with the Code of Practice for Local Government.
Nothing in this Plan is to:
§ affect any matter of interpretation of the Codes or the Information Protection Principles and the Health Privacy Principles as they apply to Council;
§ affect any obligation at law cast upon Council by way of representation or holding out in any manner whatsoever;
§ create, extend or lessen any obligation at law which Council may have.
This Plan is designed to introduce policies and procedures to maximise compliance with the PPIPA and the HRIPA.
Where Council has the benefit of an exemption, it will nevertheless describe procedures for compliance in this Plan. By doing so, it is not to be bound in a manner other than that prescribed by the Codes.
Council collects, stores and uses a broad range of information. A significant part of that information is personal information. This Plan applies to that part of Council’s information that is personal information.
It may mean in practice that any information that is not personal information will receive treatment of a higher standard; namely treatment accorded to personal information where the information cannot be meaningfully or practicably separated.
1.1 What is “Personal Information”?
“Personal information” is defined in section 4 of the PPIPA as follows:
“Information or an opinion about an individual whose identity is apparent or can reasonably be ascertained from the information or opinion. This information can be on a database and does not necessarily have to be recorded in a material form.”
1.2 What is not “Personal Information”?
“Personal information” does not include “information about an individual that is contained in a publicly available publication”. Personal information, once it is contained in a publicly available publication, ceases to be covered by the PPIPA.
Section 4A of the PPIPA also specifically excludes “health information”, as defined by section 6 of the HRIPA, from the definition of “personal information”, but includes “health information” in the PPIPA’s consideration of public registers (discussed below). “Health information” is considered in Part 4 of this Plan.
Where Council is requested to provide access or make a disclosure and that information has already been published, then Council will rely on the provisions of the relevant Act that authorises Council to hold that information and not the PPIPA (for example, section 8 of the Government Information (Public Access) Act 2009 (GIPA Act).
Council considers the following to be publicly available publications:
§ An advertisement containing personal information in a local, city or national newspaper
§ Personal information on the Internet
§ Books or magazines that are printed and distributed broadly to the general public
§ Council Business Papers or that part that is available to the general public
§ Personal information that may be a part of a public display on view to the general public
Information published in this way ceases to be covered by the PPIPA.
Council’s decision to publish in this way must be in accordance with PPIPA.
1.3 Policy on Electoral Rolls
The Electoral Roll is a publicly available publication. Council will provide open access to the Electoral Roll in Council’s Library. Council will refer any requests for copies of the Electoral Roll to the NSW Electoral Commission.
1.4 Application of this Plan
The PPIPA, the HRIPA and this Plan apply, wherever practicable, to:
§ Councillors
§ Council employees
§ Consultants and contractors of Council
§ Council committees
Council will ensure that all such parties are made aware that they must comply with the PPIPA, the HRIPA, any other applicable Privacy Code of Practice and this Plan.
1.5 Personal Information held by Council
Council holds personal information concerning Councillors, such as:
§ personal contact information
§ complaints and disciplinary matters
§ pecuniary interest returns
§ entitlements to fees, expenses and facilities.
Council holds personal information concerning its customers, ratepayers and residents, such as:
§ rates records
§ Development applications and objections
§ Various types of health information
§ Enrolment information for a range of Council services
§ Application details (for example donations and sponsorship requests)
Council holds personal information concerning its employees, such as:
§ recruitment material
§ leave and payroll data
§ personal contact information
§ performance reviews
§ disciplinary matters
§ pecuniary interest returns
§ wage and salary entitlements
§ health information (such medical certificates and workers compensation claims).
1.6 Applications for Suppression in Relation to General Information (not public registers)
Under section 739 of the Local Government Act 1993 a person can make an application to suppress certain material that is available for public inspection in circumstances where the material discloses or would disclose the person’s place of living if the person considers that the disclosure would place the personal safety of the person or their family at risk.
Section 739 of the LGA relates to publicly available material other than public registers. As such, it limits disclosure in those circumstances where an application for suppression is successful. An application for suppression must be verified by statutory declaration and otherwise meet the requirements of section 739. When in doubt, Council will err in favour of suppression.
For more information regarding disclosure of information (other than public registers) see the discussion of IPPs 11 and 12 in Part 3 of this Plan. For information regarding suppression of information on public registers, see Part 2 of this Plan.
1.7 Caution as to Unsolicited Information
Where an individual, a group or committee, not established by Council, gives Council unsolicited personal or health information, then that information should be still treated in accordance with this Plan, the Codes, the HRIPA and the PPIPA for the purposes of IPPs 5-12 and HPPs 5-15 which relate to storage, access, use and disclosure of information.
Note that for the purposes of section 10 of the HRIPA, Council is not considered to have “collected” health information if the receipt of the information by Council is unsolicited.
Section 4(5) of the PPIPA also provides that personal information is not “collected” by Council if it is unsolicited.
PART 2 – PUBLIC REGISTERS
A public register is defined in section 3 of the PPIPA:
“…public register means a register of personal information that is required by law to be, or is made, publicly available or open to public inspection (whether or not on payment of a fee).”
A distinction needs to be drawn between “public registers” within the meaning of Part 6 of the PPIPA and “non public registers”. A “non public register” is a register but it is not a “public register” for the purposes of the PPIPA. For example, the register might not be publicly available or it may not contain personal information.
Disclosure in relation to public registers must comply with Part 6 of the PPIPA and the Privacy Code. Personal information cannot be accessed by a person about another person unless the personal information is contained in a public register. Where personal information is contained in a public register, then Part 6 of the PPIPA applies to determine whether access to that information will be given to another person.
Disclosure in relation to all other personal information must comply with the Information Protection Principles as outlined in Part 2 of this Plan and the Privacy Code where it includes personal information that is not published.
Please note the following list is not exhaustive. Council may, by virtue of its own practice, hold other public registers, to which the PIPPA applies.
Council holds the following public registers under the LGA:
§ Section 53 - Land Register
§ Section 113 - Records of Approvals
§ Section 449 -450A - Register of Pecuniary Interests
§ Section 602 - Rates Record
Council holds the following public registers under the Environmental Planning and Assessment Act:
§ Section 100 – Register of consents and approvals
§ Section 149G – Record of building certificates
Council holds the following public register under the Protection of the Environment (Operations) Act:
§ Section 308 – Public register of licences held
Council holds the following public register under the Impounding Act 1993:
§ Section 30 and 31 – Record of impounding
Members of the public may enquire only in accordance with the primary purpose of any of these registers. The primary purpose for each of these public registers is set out in the sections that follow.
2.1 Public Registers, the PPIPA and the HRIPA
A public register generally confers specific rights or privileges, a benefit, or status, which would not otherwise exist. It may be required by law to be made publicly available or open to public inspection, or it is simply made publicly available or open to public inspection (whether or not payment is required).
Despite the exclusion of “health information” from the definition of “personal information” under section 4A of the PPIPA, section 56A of the PPIPA includes as “personal information”, “health information” on public registers.
Section 57 of the PPIPA requires very stringent controls over the disclosure of personal information contained in a public register. It provides broadly that where Council is responsible for keeping a public register, it will not disclose any personal information kept in that register unless it is satisfied that the information is to be used for a purpose relating to the purpose of the register or the Act under which the register is kept.
Section 57(2) provides that in order to ensure compliance with section 57(1), Council may require any person who applies to inspect personal information contained in the public register to give particulars in the form of a statutory declaration as to the proposed use of that information, (form at Appendix 1 may be used a guide)
Council also needs to consider the Privacy Code of Practice for Local Government which has the effect of modifying the application of Part 6 of the PPIPA (the “public register” provisions).
If the stated purpose of the applicant does not conform with the purpose for which the public register is kept, access to the information sought will not be given.
2.2 Effect of the GIPA Act
Section 57 of the PPIPA prevails over clause 1(3) of Schedule 1 of the Government Information (Public Access) Regulation 2009 (GIPA Regulation) to the extent of any inconsistency. Therefore:
1 If a register is listed in Schedule 1 of the GIPA Regulation, access must not be given except in accordance with section 57(1) of the PPIPA.
2 If a register is not listed in Schedule 1 of the GIPA Regulation, access must not be given except:
(i) if it is allowed under section 57(1) of the PPIPA; and
(ii) there is no overriding public interest against disclosure of the information under section 6 of the GIPA Act.
Note: Both 1 and 2 are amended with regard to specific public registers in the Privacy Code of Practice for Local Government.
2.3 Where some Information in the Public Register has been Published
That part of a public register that is not published in a publicly available publication will be treated as a “public register” and the following procedure for disclosure will apply.
For example, the Register of Consents and Approvals held by Council under section 100 of the Environmental Planning and Assessment Act requires Council to advertise or publish applications for development consent.
When Council publishes the address of the property, it may identify the owner. The personal information that has not been published and any applications not advertised or that have been rejected or withdrawn (and hence also not published) will be treated as a public register under PPIPA.
Council may hold a register under the Contaminated Land Management Act on behalf of the Environment Protection Authority. This is not to be considered a public register of Council as the statute does not place any obligations on Council to make this register publicly available as a register of contaminated land. Furthermore, the legislation foreshadows that the Environment Protection Authority may indeed post this list or register on the internet. This may constitute a publication of the information and therefore the PPIPA will not apply.
Registers will not be published on the internet.
2.4 Disclosure of personal information contained in the public registers
A person seeking a disclosure concerning someone else’s personal information from a public register must satisfy Council that the intended use of the information is for a purpose relating to the purpose of the register or the Act under which the register is kept.
In the following section, by way of guidance only, what might be called the “primary” purpose (or “the purpose of the register”) has been specified for each identified register. In some cases a “secondary purpose” has also been specified, by way of guidance as to what might constitute “a purpose relating to the purpose of the register”.
2.5 Purposes of Public Registers
Purposes of public registers under the Local Government Act
Section 53 - Land Register – The primary purpose is to identify all land vested in Council, or under its control. The secondary purpose includes a consideration of public accountability as to the land held by Council. Third party access is therefore a secondary purpose.
Section 113 - Records of Approvals – The primary purpose is to identify all approvals granted under the LGA.
Section 450A - Register of Pecuniary Interests – The primary purpose of this register is to determine whether or not a Councillor or a member of a Council Committee has a pecuniary interest in any matter with which Council is likely to be concerned. There is a corresponding public accountability purpose and third party access is a secondary purpose.
Section 602 - Rates Record - The primary purpose is to record the value of a parcel of land and record rate liability in respect of that land. The secondary purpose includes recording the owner or lessee of each parcel of land. For example, that a disclosure on a section 603 (of the LGA) rating certificate that a previous owner was a pensioner is considered to be allowed, because the secondary purpose is “a purpose relating to the purpose of the register”.
Purposes of public registers under the Environmental Planning and Assessment Act
Section 100 – Register of consents and approvals – The primary purpose is to identify applications for development consent and other approvals, confirm determinations on appeal and identify applications for complying development certificates.
Section 149G – Record of building certificates – The primary purpose is to identify all building certificates.
Purposes of public registers under the Protection of the Environment (Operations) Act
Section 308 – Public register of licences held – The primary purpose is to identify all licences granted under the Act.
Purposes of the public register under the Impounding Act
Section 30 & 31 – Record of impounding – The primary purpose is to identify any impounding action by Council.
Secondary Purpose of all Public Registers
Due to the general emphasis (to be found in the LGA and elsewhere) on local government processes and information being open and accountable, it is considered that a secondary purpose for which all public registers are held by Council includes the provision of access to members of the public. Therefore disclosure of specific records from public registers would normally be considered to be allowable under section 57 of the PPIPA.
However, requests for access, copying or the sale of the whole or a substantial part of a Public Register held by Council will not necessarily fit within this purpose. Council should be guided by the Privacy Code of Practice for Local Government in this respect. Where Council officers have doubt as to the intended use of the information, an applicant will be requested to provide a statutory declaration so that Council may satisfy itself as to the intended use of the information.
Council will make its assessment as to the minimum amount of personal information that is required to be disclosed with regard to any request.
Other Purposes
Persons or organisations who apply to Council to have access to the information contained in any public register for a purpose not related to the purpose of the register, may be given access at the discretion of Council but only in accordance with the Privacy Code of Practice for Local Government concerning Public Registers.
2.6 Applications for Access to own Records on a Public Register
A person wishing to have access to a public register to confirm their own details needs only to prove their identity to Council before having access to their own personal information.
2.7 Applications for Suppression in Relation to a Public Register
An application for suppression in relation to a public register will be dealt with under PPIPA, rather than section 739 of the LGA.
A person about whom personal information is contained (or proposed to be contained) in a public register, may request Council under section 58 of the PPIPA to have the information removed from, or not placed on the register.
If Council is satisfied that the safety or well-being of any person would be affected by not suppressing the personal information as requested, Council will suppress the information in accordance with the request unless Council is of the opinion that the public interest in maintaining public access to the information outweighs any individual interest in suppressing the information, in accordance with section 58(2) of the PPIPA. (“Well-being” is defined in the Macquarie Dictionary as “the good or satisfactory condition of existence; welfare”.)
When in doubt, Council will err in favour of suppression.
Any information that is removed from, or not placed on, that aspect of a public register to be made public may be kept on the register for other purposes. That is, the information may still be used for Council functions, but it cannot be disclosed to other parties.
An application for suppression should be made in writing addressed to the General Manager and must outline the reasons for the request. Council may require supporting documentation where appropriate.
2.8 Other Registers
Council may have other registers that are not public registers. The Information Protection Principles, this Plan, any applicable Codes and the PPIPA apply to those registers or databases.
2.9 Investigative Functions
Where Council is conducting an investigation, it will have regard to any applicable direction of the Information and Privacy Commissioner under Section 41 of the Privacy and Personal Information Protection Act 1998 that may affect the application of any Information Protection Principle.
2.10 Disclosure of Information of Research Purposes
The disclosure of personal information for research purposes will be allowed only in accordance with any applicable Direction made by the Privacy Commissioner under section 41 of PPIPA or any Research Code of Practice made by the Attorney General as may be in force for the time being.
PART 3 – THE INFORMATION PROTECTION PRINCIPLES
3.1 Information Protection Principle 1 – Collection of personal information
Section 8 Collection of personal information for lawful purposes
(1) A public sector agency must not collect personal information unless:
(a) the information is collected for a lawful purpose that is directly related to a function or activity of the agency, and
(b) the collection of the information is reasonably necessary for that purpose.
(2) A public sector agency must not collect personal information by any unlawful means.
The Privacy Code of Practice for Local Government
The Code makes no provision to depart from the requirements of this principle.
Council Policy
Council will only collect personal information for a lawful purpose as part of its proper functions. The LGA governs Council’s major obligations and functions however many pieces of legislation require other functions to be undertaken.
Additionally, the exercise by Council of its functions under the LGA may also be modified by the provisions of other Acts.
The circumstances under which Council may collect information, including personal information, are varied and numerous.
Council will not collect any more personal information than is reasonably necessary for it to fulfil its proper functions.
Anyone engaged by Council as a private contractor or consultant that involves the collection of personal information must agree to be bound not to collect personal information by any unlawful means. This will include debt recovery actions by or undertaken on behalf of Council by commercial agents.
Role of the Privacy Contact Officer
In order to ensure compliance with Information Protection Principle 1, internet contact forms, rates notices, application forms of whatsoever nature, or written requests by which personal information is collected by Council; will be referred to the Privacy Contact Officer prior to adoption or use.
The Privacy Contact Officer will also provide advice as to:
1 Whether the personal information is collected for a lawful purpose
2 If that lawful purpose is directly related to a function of Council
3 Whether or not the collection of that personal information is reasonably necessary for the specified purpose
3.2 Information Protection Principle 2 – Direct Collection
Section 9 Collection of personal information directly from individual
A public sector agency must, in collecting personal information, collect the information directly from the individual to whom the information relates unless:
(a) the individual has authorised collection of the information from someone else, or
(b) in the case of information relating to a person who is under the age of 16 years—the information has been provided by a parent or guardian of the person.
The Privacy Code of Practice for Local Government
The Code makes provision for Council to depart from this principle where indirect collection of personal information is reasonably necessary when an award, prize, benefit or similar form of personal recognition is intended to be conferred upon the person to whom the information relates.
Council Policy
The compilation or referral of registers and rolls are the major means by which Council collects personal information. For example, the information Council receives from the Land and Property Services would fit within section 9(a) above.
Other means include forms that customers may complete and lodge with Council for development consent, companion animal registration, applications for specific inspections or certifications or applications in respect of tree preservation orders.
In relation to petitions, Council will treat the personal information contained in petitions in accordance with PPIPA.
Where Council or a Councillor requests or requires information from individuals or groups, that information will be treated in accordance with PPIPA.
Council regards all information concerning its customers as information protected by PPIPA. Council will therefore collect all personal information directly from its customers except as provided in section 9 or under other statutory exemptions or Codes of Practice. Council may collect personal information from other public sector agencies in respect of specific statutory obligations where it is authorised by law to do so.
Where Council anticipates that it may otherwise need to collect personal information indirectly it will first obtain the authorisation of each individual under section 9 (a) of the PPIPA.
External and related bodies
Each of the following will be required to comply with this Plan, any applicable Privacy Code of Practice, and the PPIPA:
§ Council consultants
§ Private contractors
§ Council committees
Where any of the above collect personal information on behalf of Council or in
relation to the performance of their activities, that body or person will be
required to:
§ obtain a written authorisation and consent to that collection
§ notify those persons in accordance with Information Protection Principle 3 as to the intended recipients and other matters required by that principle.
Existing statutory exemptions under the Act
Compliance with Information Protection Principle 2 is also subject to certain exemptions under the Act. If one of those exemptions apply, Council need not comply. The statutory exemption will be relied upon only in very obvious and limited circumstances and legal advice should normally be obtained.
The relevant statutory exemptions follow:
Section 23(2) of the PPIPA permits non-compliance with Information Protection Principle 2 if the information concerned is collected in connection with proceedings (whether or not actually commenced) before any court or tribunal.
Section 24(4) of the PPIPA extends the operation of section 24(1) to councils and permits non-compliance with Information Protection Principle 2 if Council is:
(i) investigating or otherwise handling a complaint or other matter that could be referred or made to, or has been referred from or made by, an investigative agency; and
(ii) if compliance might detrimentally affect (or prevent the exercise of) Council’s complaint handling or investigative functions.
Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 2 where the agency is lawfully authorised or required not to comply with the principle.
(iii) Section 25(b) of the PPIPA permits non-compliance with Information Protection Principle 2 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law.
Section 26(1) of the PPIPA permits non-compliance with Information Protection Principle 2 if compliance would prejudice the interests of the individual concerned.
Further explanation regarding IPP 2
Where Council cannot collect personal information directly from the person, it will ensure one of the following:
1 Council has obtained authority from the person under section 9(a) of the PPIPA.
2 The collection of personal information from a third party is permitted under an Act or law.
3 The collection of personal information from a parent or guardian is permitted provided the person is less than 16 years of age.
4 The collection of personal information indirectly where one of the above exemptions applies.
5 The collection of personal information indirectly is permitted under the Privacy Code of Practice for Local Government or the Investigative Code of Practice.
The only other exception to the above is in the case where Council is given unsolicited information.
3.3 Information Protection Principle 3 - Requirements when collecting personal information
Section 10 Requirements when collecting personal information
If a public sector agency collects personal information from an individual, the agency must take such steps as are reasonable in the circumstances to ensure that, before the information is collected or as soon as practicable after collection, the individual to whom the information relates is made aware of the following:
(a) the fact that the information is being collected,
(b) the purposes for which the information is being collected,
(c) the intended recipients of the information,
(d) whether the supply of the information by the individual is required by law or is voluntary, and any consequences for the individual if the information (or any part of it) is not provided,
(e) the existence of any right of access to, and correction of, the information,
(f) the name and address of the agency that is collecting the information and the agency that is to hold the information.
The Privacy Code of Practice for Local Government
The Code makes provision for Council to depart from this principle where personal information is collected about an individual for the purpose of conferring upon that person, an award, prize, benefit or similar form of personal recognition without prior or subsequent notification.
Council Policy
Where Council proposes to collect personal information directly from the person, it will inform that person that the personal information is being collected, what is done with that information and who the intended recipients will be.
Council will inform persons if the information is required by law or voluntarily given. Council will also inform individuals which department or section within Council holds their personal information, and of the right to access and correct that information. Council’s Pre-Collection Privacy Notification form is at Appendix 2.
The following are examples of application procedures that will require notification in accordance with section 10:
§ Lodging Development Applications
§ Lodging objections to Development Applications
§ Lodging applications for approval under the Local Government Act
§ Any stamps or printed slips that contain the appropriate wording for notification under section 10 (see Appendix 2);
§ When collecting an impounded item.
Objectors will be advised that their submission will form part of a public report, and included in a Council business paper. This notification will appear in advertisements advising of a development application.
Post - Collection
Where Council collects personal information indirectly from another public sector agency in respect of any one of its statutory functions, it will advise those individuals that it has collected their personal information by including a privacy notification form in the next issue of their rates notice, or otherwise by letter. Council’s Privacy Notification Form for post-collection is at Appendix 3.
External and related bodies
Each of the following will be required to comply with Information Protection Principle 3:
§ Council consultants
§ Private contractors
§ Council committees
Where any of the above collect personal information on behalf of Council or in relation to the performance of their activities, that body or person will be required to notify those persons in accordance with Information Protection Principle 3 as to the intended recipients and other matters required by that principle.
Existing statutory exemptions under the Act
Compliance with Information Protection Principle 3 is also subject to certain exemptions under the Act. If one of those exemptions apply, Council need not comply. The statutory exemption will be relied upon only in limited circumstances and legal advice should normally be obtained.
The relevant statutory exemptions follow:
Section 23(3) permits non-compliance with Information Protection Principle 3 where information is collected for law enforcement purposes. Law enforcement means a breach of the criminal law and criminal law enforcement. This section does not remove the rights of an accused person.
Section 24(4) of the PPIPA extends the operation of section 24(1) to councils and permits non-compliance with Information Protection Principle 3 if Council is:
(i) investigating or otherwise handling a complaint or other matter that could be referred or made to, or has been referred from or made by, an investigative agency; and
(ii) if compliance might detrimentally affect (or prevent the exercise of) Council’s complaint handling or investigative functions.
Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 3 where the agency is lawfully authorised or required not to comply with the principle.
Section 25(b) of the PPIPA permits non-compliance with Information Protection Principle 3 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law.
Section 26(1) of the PPIPA permits non-compliance with Information Protection Principle 3 if compliance would prejudice the interests of the individual concerned.
Section 26(2) of the PPIPA permits non-compliance where the person expressly consents to such non-compliance.
3.4 Information Protection Principle 4 - Other requirements relating to collection of personal information
Section 11 Other requirements relating to collection of personal information
If a public sector agency collects personal information from an individual, the agency must take such steps as are reasonable in the circumstances (having regard to the purposes for which the information is collected) to ensure that:
(a) the information collected is relevant to that purpose, is not excessive, and is accurate, up to date and complete, and
(b) the collection of the information does not intrude to an unreasonable extent on the personal affairs of the individual to whom the information relates.
The Privacy Code of Practice for Local Government
The Code makes no provision to depart from this principle.
Council Policy
Council will seek to ensure that no personal information is collected which is not directly relevant to its proper functions.
Council collects personal information through the various forms that customers may complete and lodge with Council. Before adoption of a new form, a draft form will be reviewed for compliance with Information Protection Principle 4 by the Privacy Contact Officer or other suitable person.
3.5 Information Protection Principle 5 - Retention and security of personal information
Section 12 Retention and security of personal information
A public sector agency that holds personal information must ensure:
(a) that the information is kept for no longer than is necessary for the purposes for which the information may lawfully be used, and
(b) that the information is disposed of securely and in accordance with any requirements for the retention and disposal of personal information, and
(c) that the information is protected, by taking such security safeguards as are reasonable in the circumstances, against loss, unauthorised access, use, modification or disclosure, and against all other misuse, and
(d) that, if it is necessary for the information to be given to a person in connection with the provision of a service to the agency, everything reasonably within the power of the agency is done to prevent unauthorised use or disclosure of the information.
The Privacy Code of Practice for Local Government
The Code makes no provision to depart from this principle.
Council Policy
Council will comply with this principle by using the General Records Disposal Schedule for Local Government.
3.6 Information Protection Principle 6 - Information held by agencies
Section 13 Information about personal information held by agencies
A public sector agency that holds personal information must take such steps as are, in the circumstances, reasonable to enable any person to ascertain:
(a) whether the agency holds personal information, and
(b) whether the agency holds personal information relating to that person, and
(c) if the agency holds personal information relating to that person:
(i) the nature of that information, and
(ii) the main purposes for which the information is used, and
(iii) that person's entitlement to gain access to the information.
The Privacy Code of Practice for Local Government
The Code makes no provision to depart from this principle.
Council Policy
Section 13 of the PPIPA requires Council to take reasonable steps to enable a person to determine whether Council holds personal information about them. If Council holds any information about a person, upon request it will advise them the nature of that information, the main purposes for which it is held, and that person’s entitlement to access. As a matter of practicality, not every item of personal information, however insignificant, will be capable of ascertainment.
Under section 20(5) of the PPIPA, Information Protection Principle 6 is subject to any applicable conditions or limitations contained in the Government Information (Public Access) Act 2009 (“GIPA Act”). Council must consider the relevant provisions of the GIPA Act.
Any person can make application to Council by completing the appropriate form and submitting it to Council. An example is at Appendix 4.
Where Council receives an application or request by a person as to whether Council holds information about them, the Privacy Contact Officer will undertake a search of Council’s records to answer the enquiry and may ask the applicant to describe what dealings the applicant has had with Council in order to assist the search.
Existing exemptions under the Act
Compliance with Information Protection Principle 6 is also subject to certain exemptions under the Act. If one of those exemptions apply, Council need not comply. The statutory exemption will be relied upon only in limited circumstances and legal advice should normally be obtained.
Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 6 where Council is lawfully authorised or required not to comply with the principle.
Section 25(b) of the PPIPA permits non-compliance with Information Protection Principle 6 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law.
Reporting matters
Council will issue a statement to be included on its web page and in its Annual Report concerning the nature of personal information it regularly collects, the purpose for which the personal information is used and an individual’s right to access their own personal information.
3.7 Information Protection Principle 7 - Access to personal information held by agencies
Section 14 Access to personal information held by agencies
A public sector agency that holds personal information must, at the request of the individual to whom the information relates and without excessive delay or expense, provide the individual with access to the information.
The Privacy Code of Practice for Local Government
The Code makes no provision to depart from this principle.
Council Policy
Section 14 of the PPIPA requires a Council, at the request of any person, to give access to that person to personal information held about them.
Compliance with Information Protection Principle 7 does not allow disclosure of information about other people. If access to information that relates to someone else is sought, the application must be made under the GIPA Act, unless Information Protection Principles 11 and 12 or the Public Register provisions apply.
Where a person makes an application for access under the PPIPA and it is involved or complex, it may be referred, with the written consent of the applicant, as an application under the GIPA Act. However use of the GIPA Act is to be a last resort. The applicant has the right to insist on being dealt with under PPIPA.
Under section 20(5) of the PPIPA, Information Protection Principle 7 is subject to any applicable conditions or limitations contained in the Government Information (Public Access) Act 2009 (“GIPA Act”). Council must consider the relevant provisions of the GIPA Act.
Customers wishing to exercise their right of access to their own personal information should apply in writing or direct their inquiries to the General Manager, who will make a determination. A form is provided at Appendix 5 for this purpose.
Members of staff wishing to exercise their right of access to their personal information should direct their inquiries to Human Resources.
In order to comply with the requirement to provide the requested information “without excessive delay or expense”, Council will endeavour to provide a response to applications of this kind within 28 days of the application being made.
Existing exemptions under the Act
Compliance with Information Protection Principle 7 is also subject to certain exemptions under the Act. If one of those exemptions apply, Council need not comply. The statutory exemption will be relied upon only in limited circumstances and legal advice should normally be obtained.
Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 7 where Council is lawfully authorised or required not to comply with the principle.
Section 25(b) of the PPIPA non-compliance with Information Protection Principle 7 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law.
3.8 Information Protection Principle 8 - Alteration of personal information
Section 15 Alteration of personal information
(1) A public sector agency that holds personal information must, at the request of the individual to whom the information relates, make appropriate amendments (whether by way of corrections, deletions or additions) to ensure that the personal information:
(a) is accurate, and
(b) having regard to the purpose for which the information was collected (or is to be used) and to any purpose that is directly related to that purpose, is relevant, up to date, complete and not misleading.
(2) If a public sector agency is not prepared to amend personal information in accordance with a request by the individual to whom the information relates, the agency must, if so requested by the individual concerned, take such steps as are reasonable to attach to the information, in such a manner as is capable of being read with the information, any statement provided by that individual of the amendment sought.
(3) If personal information is amended in accordance with this section, the individual to whom the information relates is entitled, if it is reasonably practicable, to have recipients of that information notified of the amendments made by the public sector agency.
(4) This section, and any provision of privacy code of practice that relates to the requirements set out in this section, apply to public sector agencies despite section 25 of this Act and section 21 of the State Records Act 1998.
(5) The Privacy Commissioner’s guidelines under section 36 may make provision for or with respect to requests under this section, including the way in which such a request should be made and the time within which such a request should be dealt with.
(6) In this section (and in any other provision of this Act I connection with the operation of this section), public sector agency includes a Minister and a Minister’s personal staff.
The Privacy Code of Practice for Local Government
The Code makes no provision to depart from this principle.
Council Policy
Section 15 of the PPIPA allows a person to make an application to Council to amend (this includes by way of corrections, deletions or additions) personal information held about them so as to ensure the information is accurate, and, having regard to the purpose for which the information is collected, relevant to that purpose, up to date and not misleading.
Council wishes to have its information current, accurate and complete. Proposed amendments or changes to the personal information held by Council are welcomed.
If Council declines to amend personal information as requested, it will on request of the individual concerned, place an addendum on the information in accordance with section 15(2) of the PPIPA.
Where there are complaints that are or could be the subject of a staff complaint or grievance, they will be referred to the Manager Human Resources in the first instance and treated in accordance with Council’s Grievance Policy.
Any alterations that are or could be the subject of a customer complaint or grievance will be referred to the General Manager, who will make a determination in relation to the matter.
Existing exemptions under the Act
Compliance with Information Protection Principle 8 is also subject to certain exemptions under the Act. If one of those exemptions apply, Council need not comply. The statutory exemption will be relied upon only in limited circumstances and legal advice should normally be obtained.
Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 8 where Council is lawfully authorised or required not to comply with the principle.
Section 25(b) of the PPIPA permits non-compliance with section Information Protection Principle 8 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law.
Procedure
Where information is requested to be amended (either by way of correction, deletion or addition), the individual to whom the information relates, must make such a request. That request should be accompanied by appropriate evidence as to the cogency of the making of the amendment, sufficient to satisfy Council that the proposed amendment is factually correct and appropriate. Council may require further documentary evidence to support certain amendments. Council will not charge to process an application to amend a record under s.15.
Council’s application form for alteration is at Appendix 6.
Where Council is not prepared to amend
If Council is not prepared to amend the personal information in accordance with a request by the individual, Council may attach to the information in such a manner as is capable of being read with the information, any statement provided by that individual.
Where an amendment is made
If personal information is amended in accordance with this section, the individual to whom the information relates is entitled, if it is reasonably practicable, to have the recipients of that information notified of the amendments made by Council.
Council will seek to notify recipients of information as soon as possible, of the making of any amendment, where it is reasonably practicable.
State Records Act
The State Records Act does not allow for the deletion of records. However, as a result of section 20(4) of the PPIPA, some deletions may be allowed in accordance with Information Protection Principle 8.
3.9 Information Protection Principle 9 - Agency must check accuracy of personal information before use
Section 16 Agency must check accuracy of personal information before use
A public sector agency that holds personal information must not use the information without taking such steps as are reasonable in the circumstances to ensure that, having regard to the purpose for which the information is proposed to be used, the information is relevant, accurate, up to date, complete and not misleading.
The Privacy Code of Practice for Local Government
The Code makes no provision to depart from this principle.
Council Policy
The steps taken to comply will depend on the age of the information, its likelihood of change and the particular function for which the information was collected.
The more significant the information, the greater the necessity that checks to ensure its accuracy and currency be undertaken prior to its use.
For example, each employee’s record should be updated when there is any change of circumstances or when the employee’s contact details change.
3.10 Information Protection Principle 10 - Limits on use of personal information
Section 17 Limits on use of personal information
A public sector agency that holds personal information must not use the information for a purpose other than that for which it was collected unless:
(a) the individual to whom the information relates has consented to the use of the information for that other purpose, or
(b) the other purpose for which the information is used is directly related to the purpose for which the information was collected, or
(c) the use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual to whom the information relates or of another person.
The Privacy Code of Practice for Local Government
The Code makes provision that Council may use personal information for a purpose other than the purpose for which it was created in the following circumstances:
(i) where the use is in pursuance of Council’s lawful and proper function/s and Council is satisfied that the personal information is reasonably necessary for the exercise of such function/s; or
(ii) where personal information is to be used for the purpose of conferring upon a particular person, an award, prize, benefit or similar form of personal recognition.
Explanatory Note
Council may use personal information obtained for one purpose for another purpose in pursuance of its lawful and proper functions. For example, the Rates Record that Council holds under section 602 of the LGA may also be used to:
§ notify neighbours of a proposed development
§ evaluate a road opening
§ evaluate a tree preservation order
Council Policy
Council will seek to ensure that information collected for one purpose will be used for that same purpose. Where Council may need to use personal information collected for one purpose for another purpose, it will first gain the consent of the individual concerned, unless an exemption applies.
External and related bodies
Each of the following will be required to comply with the Information Protection Principle 10:
§ Council consultants
§ Private contractors
§ Council committees
Where any of the above seek to use personal information collected for one purpose, that body or person will be required to obtain the written consent of those persons in accordance with section 17(a) to the use of the information for another purpose.
The form of consent is to include the following elements:
|
|
I, (1) |
(1) insert full name |
of (2) |
(2) insert address |
hereby consent under section 17(a) of the Privacy and Personal Information Protection Act 1998 to (3): |
(3) insert Council name |
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|
using the information collected from me by (4): |
(4) insert name of collecting body/person |
for the purpose of (5): |
(5) insert purpose/s info was collected for |
Signature |
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Name to be printed |
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Date signed / / |
Existing exemptions under the Act
Compliance with Information Protection Principle 10 is also subject to certain exemptions under the Act. If one of those exemptions apply, Council need not comply. The statutory exemption will be relied upon only in limited circumstances and legal advice should normally be obtained.
Section 23(4) of the PPIPA permits Council not to comply with Information Protection Principle 10 where the use of the information for another purpose is reasonably necessary for law enforcement purposes or for the protection of the public revenue. Law enforcement purposes means a breach of the criminal law and criminal law enforcement. This section does not remove the rights of an accused person. Protection of the public revenue means a fraud with respect to taxes or other revenue earning processes such as avoidance of stamp duty.
Section 24(4) of the PPIPA extends the operation of section 24(2) to councils and permits non-compliance with Information Protection Principle 10 if a Council is:
(i) investigating or otherwise handling a complaint or other matter that could be referred or made to, or has been referred from or made by, an investigative agency; and
(ii) the use of the information concerned for a purpose other than the purpose for which it was collected is reasonably necessary in order to enable Council to exercise its complaint handling functions or any of its investigative functions.
Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 10 where Council is lawfully authorised or required not to comply with the principle. Section 25(b) of the PPIPA permits non-compliance with Information Protection Principle 10 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law.
Section 28(3) of the PPIPA permits non-compliance where a disclosure is to be made to a public sector agency under the administration of the Minister for Local Government (eg the Office of Local Government) or a public sector agency under the administration of the Premier for the purpose of informing the Minister (or Premier) about any matter within the Minister’s (or Premier’s) administration.
3.11 Information Protection Principle 11 - Limits on disclosure of personal information
Section 18 Limits on disclosure of personal information
(1) A public sector agency that holds personal information must not disclose the information to a person (other than the individual to whom the information relates) or other body, whether or not such other person or body is a public sector agency, unless:
(a) the disclosure is directly related to the purpose for which the information was collected, and the agency disclosing the information has no reason to believe that the individual concerned would object to the disclosure, or
(b) the individual concerned is reasonably likely to have been aware, or has been made aware in accordance with section 10, that information of that kind is usually disclosed to that other person or body, or
(c) the agency believes on reasonable grounds that the disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person.
(2) If personal information is disclosed in accordance with subsection (1) to a person or body that is a public sector agency, that agency must not use or disclose the information for a purpose other than the purpose for which the information was given to it.
The Privacy Code of Practice for Local Government
The Code makes provision for Council to depart from this principle in the circumstances described below:
1 Council may disclose personal information to public sector agencies or public utilities on condition that:
(i) the agency has approached Council in writing
(ii) Council is satisfied that the information is to be used by that agency for the proper and lawful function/s of that agency
(iii) Council is satisfied that the personal information is reasonably necessary for the exercise of that agency’s function/s
2 Where personal information which has been collected about an individual is to be disclosed for the purpose of conferring upon that person, an award, prize, benefit or similar form of personal recognition.
3 Where Council is requested by a potential employer, it may verify that a current or former employee works or has worked for Council, the duration of that work, and the position occupied during that time. This exception shall not permit Council to give an opinion as to that person’s suitability for a particular position with any potential employer unless Council is satisfied that the person has provided their consent for Council to provide a reference, which may include an opinion as to that person’s suitability for the position for which he/she has applied.
Council Policy
Council will not disclose the information to another person or other body, unless the disclosure is directly related to the purpose for which the information was collected or where Council has no reason to believe that the individual concerned would object to the disclosure.
Council may disclose personal information to another person or other body where this disclosure is directly related to the purpose for which the personal information was collected and the individual concerned is reasonably likely to have been aware, (or has been made aware in accordance with section 10), of the intended recipients of that information. “Directly related” can mean the disclosure to another person or agency to deliver a service which supplements that of Council or disclosure to a consultant for the purpose of assessing or reviewing the delivery of a program to which the original collection relates.
Council may disclose personal information to another person or other body where this disclosure is necessary to prevent or lessen a serious and imminent threat to the life or health of the individual concerned or another person.
Public Registers
Sections 18 and 57 of the PPIPA should be read in conjunction in regard to Public Registers. Public Registers are discussed further in Part 2 of this Plan.
Existing exemptions under the Act
Compliance with Information Protection Principle 11 is also subject to certain exemptions under the Act. If one of those exemptions apply, Council need not comply. The statutory exemption will be relied upon only in limited circumstances and legal advice should normally be obtained.
Section 23(5)(a) of the PPIPA permits non-compliance with Information Protection Principle 11 where disclosure is made to a law enforcement agency in connection with proceedings for an offence or for law enforcement purposes. Law enforcement purposes means a breach of the criminal law and criminal law enforcement. However Council need not disclose material that it is entitled to refuse in the absence of a subpoena, warrant or other lawful requirement.
Section 23(5)(b) of the PPIPA permits non-compliance with Information Protection Principle 11 where the disclosure is made to a law enforcement agency for the purpose of ascertaining the whereabouts of a person reported to be missing. However Council need not disclose material that it is entitled to refuse in the absence of a subpoena, warrant or other lawful requirement.
Section 23(5)(c) of the PPIPA permits non-compliance with Information Protection Principle 11 where disclosure is authorised by subpoena, search warrant or other statutory instrument. However Council need not disclose material that it is entitled to refuse in the absence of a subpoena, warrant or other lawful requirement.
Section 23(5)(d)(i) of the PPIPA permits non-compliance with Information Protection Principle 11 where disclosure is reasonably necessary for the protection of the public revenue. Protection of the public revenue could mean a fraud with respect to taxes or other revenue earning processes such as avoidance of stamp duty. However Council need not disclose material that it is entitled to refuse in the absence of a subpoena, warrant or other lawful requirement.
Section 23(5)(d)(ii) of the PPIPA permits non-compliance with Information Protection Principle 11 where disclosure is reasonably necessary to investigate an offence where there are reasonable grounds to believe an offence has been committed.
Section 24(4) of the PPIPA permits non-compliance with Information Protection Principle 11 if:
(i) investigating a complaint that could be referred or made to, or has been referred from or made by, an investigative agency, and
(ii) if the disclosure is to an investigative agency.
(Note: “investigative agency” is defined at s.3 of PPIPA.)
Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 11 where Council is lawfully authorised or required not to comply with the principle. Section 25(b) of the PPIPA permits non-compliance with Information Protection Principle 11 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law.
Section 26(2) of the PPIPA permits non-compliance where the person expressly consents to such non-compliance.
Section 28(3) of the PPIPA permits non-compliance where a disclosure is to be made to a public sector agency under the administration of the Minister for Local Government (e.g. the Division of Local Government) or a public sector agency under the administration of the Premier for the purpose of informing the Minister (or Premier) about any matter within the Minister’s (or Premier’s) administration.
It is anticipated that a disclosure of personal information for research purposes will be allowed under a s.41 Direction made by the Privacy Commissioner until such time as a Research Code of Practice is made by the Attorney General.
Suppression
Information held by Council may be suppressed such as to disallow disclosure that would otherwise be allowed in the circumstances outlined above. See Part 1 of this Plan for more details about suppression of personal information.
3.12 Information Protection Principle 12 - Special restrictions on disclosure of personal information
Section 19 Special restrictions on disclosure of personal information
(1) A public sector agency must not disclose personal information relating to an individual's ethnic or racial origin, political opinions, religious or philosophical beliefs, trade union membership, sexual activities unless the disclosure is necessary to prevent a serious or imminent threat to the life or health of the individual concerned or another person.
(2) A public sector agency that holds personal information must not disclose the information to any person or body who is in a jurisdiction outside New South Wales or to a Commonwealth agency unless:
(a) a relevant privacy law that applies to the personal information concerned is in force in the that jurisdiction or applies to that Commonwealth agency, or
(b) the disclosure is permitted under a privacy code of practice.
(3) For the purposes of subsection (2), a relevant privacy law means a law that is determined by the Privacy Commissioner, by notice published in the Gazette, to be a privacy law for the jurisdiction concerned.
(4) The Privacy Commissioner is to prepare a code relating to the disclosure of personal information by public sector agencies to persons or bodies outside New South Wales and to Commonwealth agencies.
(5) Subsection (2) does not apply:
(a) until after the first anniversary of the commencement of this section, or
(b) until a code referred to in subsection (4) is made, whichever is the later.
The Privacy Code of Practice for Local Government
The Code makes provision for Council to depart from this principle in the circumstances described below:
For the purposes of s.19(2) only, where Council is requested by a potential employer outside New South Wales, it may verify that a current or former employee works or has worked for Council, the duration of that work, and the position occupied during that time. This exception shall not permit Council to give an opinion as to that person’s suitability for a particular position with any potential employer unless Council is satisfied that the person has provided their consent for Council to provide a reference, which may include an opinion as to that person’s suitability for the position for which he/she has applied.
Council Policy
Council will not disclose personal information relating to an individual's ethnic or racial origin, political opinions, religious or philosophical beliefs, trade union membership, health or sexual activities unless the disclosure is necessary to prevent a serious or imminent threat to the life or health of the individual concerned or another person.
Public Registers
Sections 19 and 57 of the PPIPA should be read in conjunction in regard to Public Registers. Public Registers are discussed further in Part 2 of this Plan.
Existing exemptions under the Act
Compliance with Information Protection Principle 12 is also subject to certain exemptions under the Act. If one of those exemptions apply, Council need not comply. The statutory exemption will be relied upon only in limited circumstances and legal advice should normally be obtained.
Section 23(7) of the PPIPA permits non-compliance with Information Protection Principle 12 where the disclosure is necessary to investigate an offence or where there are reasonable grounds to believe an offence has been or may be committed.
Section 25(a) of the PPIPA permits non-compliance with Information Protection Principle 12 where Council is lawfully authorised or required not to comply with the principle.
Section 25(b) of the PPIPA permits non-compliance with Information Protection Principle 12 where non-compliance is “necessarily implied” or “reasonably contemplated” under any Act or law.
Section 26(2) of the PPIPA permits non-compliance where the person expressly consents to such non-compliance.
Section 28(2) permits non-compliance with Information Protection Principle 12 where, in the case of health information, the consent of the person cannot reasonably be obtained and the disclosure is made by an authorised person to another authorised person. “Authorised person” means a medical practitioner, health worker, or other official or employee providing health or community services who is employed or engaged by a public sector agency.
Section 28(3) of the PPIPA permits non-compliance where a disclosure is to be made to a public sector agency under the administration of the Minister for Local Government (e.g. the Division of Local Government) or a public sector agency under the administration of the Premier for the purpose of informing the Minister (or Premier) about any matter within the Minister’s (or Premier’s) administration.
It is anticipated that a disclosure of personal information for research purposes will be allowed under a s.41 Direction made by the Privacy Commissioner until such time as a Research Code of Practice is made by the Attorney General.
Suppression
Information held by Council may be suppressed such as to disallow disclosure that would otherwise be allowed in the circumstances outlined above. See Part 1 of this Plan for more details about suppression of personal information.
PART 4 – HEALTH PRIVACY PRINCIPLES
Council is required to comply with the Health Records and Information Protection Act in its collection and management of health information.
Health information includes personal information that is information or an opinion about the physical or mental health or a disability of an individual. Health information also includes personal information that is information or an opinion about:
§ a health service provided, or to be provided, to an individual
§ an individual’s express wishes about the future provision of health services to him or her
§ other personal information collected in connection with the donation of human tissue
§ genetic information that is or could be predictive of the health of an individual or their relatives or descendants.
Health information is defined in section 6 of the HRIPA. Council may hold health information by reason of their role in child care, residential care and various types of community health support services.
The following is a non-exhaustive list of examples of the types of health information and circumstances in which Council may collect health information in exercising its functions:
§ Tree pruning/removal application where residents approach Council for a reconsideration or reassessment of a tree pruning/removal application on medical grounds
§ Issuing of clean up orders which may include recording information about a residents health, GP professional contact details or involvement with mental health services
§ Volunteer programs where volunteers are asked to disclose health conditions which may preclude them from some types of volunteer work
§ Meals on wheels programs where residents may be asked for medical or dietary requirements, eg allergies for catering purposes
§ Seniors bus outings where information may be collected on special medical needs
§ Information on families for the purposes of children’s services. e.g. history of illness, allergies, asthma, diabetes, epilepsy etc
§ Physical exercise classes
§ Information may be collected through a healthy community program
§ Children’s immunisation records
§ Health and medication information about residential care clients
4.1 Health Privacy Principle 1
Purposes of collection of health information
(1) An organisation must not collect health information unless:
(a) the information is collected for a lawful purpose that is directly related to a function or activity of the organisation, and
(b) the collection of the information is reasonably necessary for that purpose.
(2) An organisation must not collect health information by any unlawful means.
4.2 Health Privacy Principle 2
Information must be relevant, not excessive, accurate and not intrusive
An organisation that collects health information from an individual must take such steps as are reasonable in the circumstances (having regard to the purposes for which the information is collected) to ensure that:
(a) the information is collected is relevant to that purpose, is not excessive and is accurate, up to date and complete, and
(b) the collection of the information does not intrude to an unreasonable extent on the personal affairs of the individual to whom the information relates.
4.3 Health Privacy Principle 3
Collection to be from the individual concerned
(1) An organisation must collect health information about an individual only from that individual, unless it is unreasonable or impracticable to do so.
(2) Health information is to be collected in accordance with any guidelines issued by the Privacy Commissioner for the purposes of this clause.
4.4 Health Privacy Principle 4
Individual to be made aware of certain matters
(1) An organisation that collects health information about an individual from the individual must, at or before the time it collects the information (or if that is not practicable, as soon as practicable after that time), take steps that are reasonable in the circumstances to ensure that the individual is aware of the following:
(a) the identity of the organisation and how to contact it,
(b) the fact that the individual is able to request access to the information,
(c) the purposes for which the information is collected,
(d) the persons to whom (or the type of persons to whom) the organisation usually discloses information of that kind,
(e) any law that requires the particular information to be collected,
(f) the main consequences (if any) for the individual if all or part of the information is not provided.
(2) If the organisation collects health information about an individual from someone else, it must take any steps that are reasonable in the circumstances to ensure that the individual is generally aware of the matters listed in subclause (1) except to the extent that:
(a) making the individual aware of the matters would impose a serious threat to the life or health of any individual, or
(b) the collection is made in accordance with guidelines issued under subclause (3).
(3) The Privacy Commissioner may issue guidelines setting out circumstances in which an organisation is not required to comply with subclause (2).
(4) An organisation is not required to comply with a requirement of this clause if:
(a) the individual to whom the information relates has expressly consented to the organisation not complying with it or,
(b) the organisation is lawfully authorised or required not to comply with it, or
(c) non-compliance is otherwise permitted (or necessarily implied or reasonably contemplated) under any Act or any other law including the State Records Act 1998), or
(d) compliance by the organisation would, in the circumstances, prejudice the interests of the individual to whom the information relates, or
(e) the information concerned is collected for law enforcement purposes or,
(f) the organisation is an investigative agency and compliance might detrimentally affect (or prevent the proper exercise of) its complaint handling functions or any of its investigative functions.
(5) If the organisation reasonably believes that the individual is incapable of understanding the general nature of the matters listed in subclause (1), the organisation must take steps that are reasonable in the circumstances, to ensure that any authorised representative of the individual is aware of those matters.
(6) Subclause (4) (e) does not remove any protection provided by any other law in relation to the rights of accused persons or persons suspected of having committed an offence.
(7) The exemption provided by subclause (4) (f) extends to any public sector agency, or public sector official, who is investigating or otherwise handling a compliant or other matter that could be referred or made to an investigative agency, or that has been referred from or made by an investigative agency.
Council Policy
Council will only collect health information for a lawful purpose that is directly related to Council’s activities and is necessary for that purpose. Council will ensure that the health information is relevant, accurate, up to date and not excessive and that the collection is not unnecessarily intrusive into the personal affairs of the individual. Council will only collect health information directly from the individual that the information concerns, unless it is unreasonable or impractical for Council to do so.
Council will tell the person why the health information is being collected, what will be done with it, who else might see it and what the consequences are if the person decides not to provide it. Council will also tell the person how he or she can see and correct the health information.
If Council collects health information about a person from someone else, Council will take reasonable steps to ensure that the subject of the information is aware of the above points.
4.5 Health Privacy Principle 5
Retention and Security
(1) An organisation that holds health information must ensure that:
(a) the information is kept for no longer than is necessary for the purposes for which the information may lawfully be used, and
(b) the information is disposed of securely and in accordance with any requirements for the retention and disposal of health information, and
(c) the information is protected, by taking such security safeguards as are reasonable in the circumstances against loss, unauthorised access, use, modification or disclosure, and against all other misuse, and
(d) if it is necessary for the information to be given to a person in connection with the provision of a service to the organisation, everything reasonably within the power of an organisation is done to prevent the unauthorised use or disclosure of the information.
Note. Division 2 (Retention of health information) of Part 4 contains provisions applicable to private sector persons in connection with the matters dealt with in this clause.
(2) An organisation is not required to comply with a requirement of this clause if:
(a) the organisation is lawfully authorised or required not to comply with it, or
(b) non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under an Act or any other law (including the State Records Act 1998).
(3) An investigative agency is not required to comply with subclause (1)(a).
Council Policy
Council will store health information securely and protect health information from unauthorised access, use or disclosure. Health information will not be kept for any longer than necessary and will be disposed of appropriately.
4.6 Health Privacy Principle 6
Information about health information held by organisations
(1) An organisation that holds health information must take such steps as are, in the circumstances, reasonable, to enable any individual to ascertain:
(a) whether the organisation holds health information, and
(b) whether the organisation holds health information relating to that individual, and
(c) if the organisation holds health information relating to that individual:
(i) the nature of that information
(ii) the main purposes for which the information is used, and
(iii) that person’s entitlement to request access to the information.
(2) An organisation is not required to comply with a provision of this clause if:
(a) the organisation is lawfully authorised or required not to comply with the provision concerned, or
(b) non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under any Act or any other law (including the State Records Act 1998).
4.7 Health Privacy Principle 7
Access to health information
(1) An organisation that holds health information must, at the request of the individual to whom the information relates and without excessive delay or expense, provide the individual with access to the information.
Note. Division 3 (Access to health information) of Part 4 contains provisions applicable to private sector persons in connection with the matters dealt with in this clause. Access to health information held by public sector agencies may also be available under the Government Information (Public Access) Act 2009 or the State Records Act 1998.
(2) An organisation is not required to comply with a provision of this clause if:
(a) the organisation is lawfully authorised or required not to comply with the provision concerned, or
(b) non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under an Act or any other law (including the State Records Act 1998).
4.8 Health Privacy Principle 8
Amendment of health information
(1) An organisation that holds health information must, at the request of the individual to whom the information relates, make appropriate amendments (whether by way of corrections, deletions or additions) to ensure that the health information:
(a) is accurate, and
(b) having regard to the purpose for which the information was collected (or is to be used) and to any purpose that is directly related to that purpose, is relevant, up to day, complete and not misleading.
(2) If an organisation is not prepared to amend health information under subclause (1) in accordance with a request by the information to whom the information relates, the organisation must, if so requested by the individual concerned, take such steps as are reasonable to attach to the information, in such a manner as is capable of being read with the information, any statement provided by that individual of the amendment sought.
(3) If health information is amended in accordance with this clause, the individual to whom the information relates is entitled, if it is reasonably practicable, to have recipients of that information notified of the amendments made by the organisation.
Note. Division 4 (Amendment of health information) of Part 4 contains provisions applicable to private sector persons in connection with the matters dealt with in this clause.
Amendment of health information held by public sector agencies may also be able to be sought under the Privacy and Personal Information Protection Act 1998.
(4) An organisation is not required to comply with a provision of this clause if:
(a) the organisation is lawfully authorised or required not to comply with the provision concerned, or
(b) non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under an Act or any other law (including the State Records Act 1998).
4.9 Health Privacy Principle 9
Accuracy
An organisation that holds health information must not use the information without taking such steps as are reasonable in the circumstances to ensure that, having regard to the purpose for which the information is proposed to be used, the information is relevant, accurate and up to date, complete and not misleading.
Council Policy
Council will provide details about what health information Council is holding about an individual and why Council is storing that information and what rights of access the individual has. Council will allow the individual to access his or her health information without reasonable delay or expense. Council will allow the individual to update, correct or amend his or her health information where necessary. Council will make sure that the health information is relevant and accurate before using it.
4.10 Health Privacy Principle 10
(1) An organisation that holds health information must not use the information for a purpose (a secondary purpose) other than the purpose (the primary purpose) for which it was collected unless:
(a) Consent
the individual to whom the information relates has consented to the use of the information for that secondary purpose, or
(b) Direct relation
the secondary purpose is directly related to the primary purpose and the individual would reasonably expect the organisation to use the information for the secondary purpose or,
Note: For example, if information is collected in order to provide a health service to the individual, the use of the information to provide a further health service to the individual is a secondary purpose directly related to the primary purpose.
(c) Serious threat to health or welfare
the use of the information for the secondary purpose is reasonably believed by the organisation to be necessary to lessen or prevent:
(i) a serious and imminent threat to the life, health or safety of the individual or another person, or
(ii) a serious threat to public health and safety, or
(d) Management of health services
the use of the information for the secondary purpose is reasonably necessary for the funding, management, planning or evaluation of health services and:
(i) either:
(A) that purpose cannot be served by the use of information that does not identify the individual or from which the individual or from which the individual’s identity cannot reasonably be ascertained and it is impracticable for the organisation to seek the consent of the individual for the use, or
(B) reasonable steps are taken to de-identify the information, and
(ii) if the information is in a form that could reasonably be expected to identify individuals, the information is not published in a generally available publication, and
(iii) the use of the information is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purposes of this paragraph, or
(e) Training
the use of the information for the secondary purpose is reasonably necessary for the training of employees of the organisation or persons working with the organisation and:
(i) either:
(A) that purpose cannot be served by the use of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained and it is impracticable for the organisation to seek the consent of the individual for the use, or
(B) reasonable steps are taken to de-identify the information, and
(ii) if the information could reasonably be expected to identify individuals, the information is not published in a generally available publication, and
(iii) the use of the information is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purposes of this paragraph, or
(f) Research
the use of the information for the secondary purpose is reasonably necessary for research, or the compilation or analysis of statistics, in the public interest and:
(i) either:
(A) that purpose cannot be served by the use of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained and it is impracticable for the organisation to seek the consent of the individual for the use, or
(B) reasonable steps are taken to de-identify the information, and
(ii) if the information could reasonably be expected to identify individuals, the information is not published in a generally available publication, and
(iii) the use of the information is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purpose of this paragraph, or
(g) Find missing person
the use of the information for the secondary purpose is by a law enforcement agency (or such other person or organisation as may be prescribed by the regulations) for the purposes of ascertaining the whereabouts of an individual who has been reported to a police officer as a missing person, or
(h) Suspected unlawful activity, unsatisfactory professional conduct or breach of discipline
the organisation:
(i) has reasonable grounds to suspect that:
(A) unlawful activity has been or may be engaged in, or
(B) a person has or may have engaged in conduct that may be unsatisfactory professional conduct or professional misconduct under a the Health Practitioner Regulation National Law (NSW), or
(C) an employee of the organisation has or may have engaged in conduct that may be grounds for disciplinary action, and
(ii) uses the health information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities, or
(i) Law enforcement
the use of the information for the secondary purpose is reasonably necessary for the exercise of law enforcement functions by law enforcement agencies in circumstances where there are reasonable grounds to believe that an offence may have been, or may be, committed, or
(j) Investigative agencies
the use of the information for the secondary purpose is reasonably necessary for the exercise of complaint handling functions or investigative functions by investigative agencies, or
(k) Prescribed circumstances
the use of the information for the secondary purpose is in the circumstances prescribed by the regulations for the purposes of this paragraph.
(2) An organisation is not required to comply with a provision of this clause if:
(a) the organisation is lawfully authorised or required not to comply with the provision concerned, or
(b) non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under an Act or any other law (including the State Records Act 1998).
(3) The Ombudsman’s Office, Health Care Complaints Commission, Anti-Discrimination Board and Community Services Commission are not required to comply with a provision of this clause in relation to their complaint handling functions and their investigative, review and reporting functions.
(4) Nothing in this clause prevents or restricts the disclosure of health information by a public sector agency:
(a) to another public sector agency under the administration of the same Minister if the disclosure is for the purposes of informing that Minister about any matter within that administration, or
(b) to any public sector agency under the administration of the Premier, if the disclosure is for the purposes of informing the Premier about any matter.
(5) The exemption provided by subclause (1) (j) extends to any public sector agency, or public sector official, who is investigating or otherwise handling a complaint or other matter that could be referred or made to an investigative agency, or that has been referred from or made by an investigative agency.
Council Policy
Council will only use the health information for the purpose for which it was collected or for a directly related purpose that the individual to whom the information relates would expect. Otherwise, Council will obtain the individual’s consent.
4.11 Health Privacy Principle 11
(1) An organisation that holds health information must not disclose the information for a purpose (a secondary purpose) other than the purpose (the primary purpose) for which it was collected unless:
(a) Consent
the individual to whom the information relates has consented to the disclosure of the information for that secondary purpose, or
(b) Direct relation
the secondary purpose is directly related to the primary purpose and the individual would reasonably expect the organisation to disclose the information for the secondary purpose, or
Note: For example, if information is collected in order to provide a health service to the individual, the disclosure of the information to provide a further health service to the individual is a secondary purpose directly related to the primary purpose.
(c) Serious threat to health or welfare
the disclosure of the information for the secondary purpose is reasonably believed by the organisation to be necessary to lessen or prevent:
(i) a serious and imminent threat to the life, health or safety of the individual or another person, or
(ii) a serious threat to public health or public safety, or
(d) Management of health services
the disclosure of the information for the secondary purpose is reasonably necessary for the funding, management, planning or evaluation of health services and:
(i) either:
(A) that purpose cannot be served by the disclosure of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained and it is impracticable for the organisation to seek the consent of the individual for the disclosure, or
(B) reasonable steps are taken to de-identify the information, and
(ii) if the information could reasonably be expected to identify individuals, the information is not published in a generally available publication, and
(iii) the disclosure of the information is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purposes of this paragraph, or
(e) Training
the disclosure of the information for the secondary purpose is reasonably necessary for the training of employees of the organisation or persons working with the organisation and:
(i) either:
(A) that purpose cannot be served by the disclosure of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained and it is impracticable for the organisation to seek the consent of the individual for the disclosure, or
(B) reasonable steps are taken to de-identify the information, and
(ii) if the information could reasonably be expected to identify the individual, the information is not made publicly available, and
(iii) the disclosure of the information is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purposes of this paragraph, or
(f) Research
the disclosure of the information for the secondary purpose is reasonably necessary for research, or the compilation or analysis of statistics, in the public interest and:
(i) either:
(A) that purpose cannot be served by the disclosure of information that does not identify the individual or from which the individual’s identity cannot reasonably be ascertained and it is impracticable for the organisation to seek the consent of the individual for the disclosure, or
(B) reasonable steps are taken to de-identify the information, and
(ii) the disclosure will not be published in a form that identifies particular individuals or from which an individual’s identity can reasonably be ascertained, and
(iii) the disclosure of the information is in accordance with guidelines, if any, issued by the Privacy Commissioner for the purposes of this paragraph, or
(g) Compassionate reasons
the disclosure of the information for the secondary purpose is to provide the information to an immediate family member of the individual for compassionate reasons and:
(i) the disclosure is limited to the extent reasonable for those compassionate reasons, and
(ii) the individual is incapable of giving consent to the disclosure of the information, and
(iii) the disclosure is not contrary to any wish expressed by the individual (and not withdrawn) of which the organisation was aware or could make itself aware by taking reasonable steps, and
(iv) if the immediate family member is under the age of 18 years, the organisation reasonably believes that the family member has sufficient maturity in the circumstances to receive the information, or
(h) Finding missing person
the disclosure of the information for the secondary purpose is to a law enforcement agency (or such other person or organisation as may be prescribed by the regulations) for the purposes of ascertaining the whereabouts of an individual who has been reported to a police officer as a missing person, or
(i) Suspected unlawful activity, unsatisfactory professional conduct or breach of discipline
the organisation:
(i) has reasonable grounds to suspect that:
(A) unlawful activity has been or may be engaged in, or
(B) a person has or may have engaged in conduct that may be unsatisfactory professional conduct or professional misconduct under a the Health Practitioner Regulation National Law (NSW), or
(C) an employee of the organisation has or may have engaged in conduct that may be grounds for disciplinary action, and
(ii) discloses the health information as a necessary part of its investigation of the matter or in reporting its concerns to relevant persons or authorities, or
(j) Law enforcement
the disclosure of the information for the secondary purpose is reasonably necessary for the exercise of law enforcement functions by law enforcement agencies in circumstances where there are reasonable grounds to believe that an offence may have been, or may be, committed, or
(k) Investigative agencies
the disclosure of the information for the secondary purpose is reasonably necessary for the exercise of complaint handling functions or investigative functions by investigative agencies, or
(l) Prescribed circumstances
the disclosure of the information for the secondary purpose is in the circumstances prescribed by the regulations for the purposes of this paragraph.
(2) An organisation is not required to comply with a provision of this clause if:
(a) the organisation is lawfully authorised or required not to comply with the provision concerned, or
(b) non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under an Act or any other law (including the State Records Act 1998 ), or
(c) the organisation is an investigative agency disclosing information to another investigative agency.
(3) The Ombudsman’s Office, Health Care Complaints Commission, Anti-Discrimination Board and Community Services Commission are not required to comply with a provision of this clause in relation to their complaint handling functions and their investigative, review and reporting functions.
(4) Nothing in this clause prevents or restricts the disclosure of health information by a public sector agency:
(a) to another public sector agency under the administration of the same Minister if the disclosure is for the purposes of informing that Minister about any matter within that administration, or
(b) to any public sector agency under the administration of the Premier, if the disclosure is for the purposes of informing the Premier about any matter.
(5) If health information is disclosed in accordance with subclause (1), the person, body or organisation to whom it was disclosed must not use or disclose the information for a purpose other than the purpose for which the information was given to it.
(6) The exemptions provided by subclauses (1) (k) and (2) extend to any public sector agency, or public sector official, who is investigating or otherwise handling a complaint or other matter that could be referred or made to an investigative agency, or that has been referred from or made by an investigative agency.
Council Policy
Council will only disclose health information under the following circumstances:
§ With the consent of the individual to whom the information relates
§ For the purpose for which the health information was collected or a directly related purpose that the individual to whom it relates would expect
§ If an exemption applies.
4.12 Health Privacy Principle 12
Identifiers
(1) An organisation may only assign identifiers to individuals if the assignment of identifiers is reasonably necessary to enable the organisation to carry out any of its functions efficiently.
(2) Subject to subclause (4), a private sector person may only adopt as its own identifier of an individual an identifier of an individual that has been assigned by a public sector agency (or by an agent of, or contractor to, a public sector agency acting in its capacity as agent or contractor) if:
(a) the individual has consented to the adoption of the same identifier, or
(b) the use or disclosure of the identifier is required or authorised by or under law.
(3) Subject to subclause (4), a private sector person may only use or disclose an identifier assigned to an individual by a public sector agency (or by an agent of, or contractor to, a public sector agency acting in its capacity as agent or contractor) if:
(a) the use or disclosure is required for the purpose for which it was assigned or for a secondary purpose referred to in one or more paragraphs of HPP 10 (1) (c)-(k) or 11 (1) (c)-(l), or
(b) the individual has consented to the use or disclosure, or
(c) the disclosure is to the public sector agency that assigned the identifier to enable the public sector agency to identify the individual for its own purposes.
(4) If the use or disclosure of an identifier assigned to an individual by a public sector agency is necessary for a private sector person to fulfil its obligations to, or the requirements of, the public sector agency, a private sector person may either:
(a) adopt as its own identifier of an individual an identifier of the individual that has been assigned by the public sector agency, or
(b) use or disclose an identifier of the individual that has been assigned by the public sector agency.
4.13 Health Privacy Principle 13
Anonymity
Wherever it is lawful and practicable, individuals must be given the opportunity to not identify themselves when entering into transactions with or receiving health services from an organisation.
4.14 Health Privacy Principle 14
Transborder data flows and data flow to Commonwealth agencies.
An organisation must not transfer health information about an individual to any person or body who is in a jurisdiction outside New South Wales or to a Commonwealth agency unless:
(a) the organisation reasonably believes that the recipient of the information is subject to a law, binding scheme or contract that effectively upholds principles for fair handling of the information that are substantially similar to the Health Privacy Principles, or
(b) the individual consents to the transfer, or
(c) the transfer is necessary for the performance of a contract between the individual and the organisation, or for the implementation of pre-contractual measures taken in response to the individual’s request, or
(d) the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the individual between the organisation and a third party, or
(e) all of the following apply:
(i) the transfer is for the benefit of the individual,
(ii) it is impracticable to obtain the consent of the individual to that transfer,
(iii) if it were practicable to obtain such consent, the individual would be likely to give it, or
(f) the transfer is reasonably believed by the organisation to be necessary to lessen or prevent:
(i) a serious and imminent threat to the life, health or safety of the individual or another person, or
(ii) a serious threat to public health or public safety, or
(g) the organisation has taken reasonable steps to ensure that the information that it has transferred will not be held, used or disclosed by the recipient of the information inconsistently with the Health Privacy Principles, or
(h) the transfer is permitted or required by an Act (including an Act of the Commonwealth) or any other law.
4.15 Health Privacy Principle 15
Linkage of health records
(1) An organisation must not:
(a) include health information about an individual in a health records linkage system unless the individual has expressly consented to the information being so included, or
(b) disclose an identifier of an individual to any person if the purpose of the disclosure is to include health information about the individual in a health records linkage system, unless the individual has expressly consented to the identifier being disclosed for that purpose.
(2) An organisation is not required to comply with a provision of this clause if:
(a) the organisation is lawfully authorised or required not to comply with the provision concerned, or
(b) non-compliance is otherwise permitted (or is necessarily implied or reasonably contemplated) under an Act or any other law (including the State Records Act 1998 ), or
(c) the inclusion of the health information about the individual in the health records information system (including an inclusion for which an identifier of the individual is to be disclosed) is a use of the information that complies with HPP 10 (1) (f) or a disclosure of the information that complies with HPP 11 (1) (f).
(3) In this clause:
health record means an ongoing record of health care for an individual.
health records linkage system means a computerised system that is designed to link health records for an individual held by different organisations for the purpose of facilitating access to health records, and includes a system or class of systems prescribed by the regulations as being a health records linkage system, but does not include a system or class of systems prescribed by the regulations as not being a health records linkage system.
PART 5 – IMPLEMENTATION OF THE PRIVACY AND PERSONAL INFORMATION PLAN
5.1 Training Seminars/Induction
During induction, all employees will be made aware of the types of personal information collected by Council.
Councillors, all Council staff and members of Council Committees will be provided a summary of the requirements set out in this Plan.
5.2 Responsibilities of the Privacy Contact Officer
The Public Officer within Council is assigned the role of the Privacy Contact Officer.
In order to ensure compliance with PPIPA and the HRIPA, the Privacy Contact Officer will review all contracts and agreements with consultants and other contractors, rates notices, application forms of whatsoever nature, and other written requests by which personal information is collected by Council, to ensure that Council is in compliance with the PPIPA.
The Privacy Contact Officer will provide opinions within Council as to:
· Whether the personal or heath information is collected for a lawful purpose
· If that lawful purpose is directly related to a function of Council
· Whether
or not the collection of that personal or heath information is reasonably
necessary for the specified purpose.
PART 6 – INTERNAL REVIEW
6.1 How does the process of Internal Review operate?
Under section 53 of the PPIPA a person (the applicant) is entitled to a review of Council’s compliance with this Plan. An application for internal review is to be made within six months of when the person first became aware of the conduct.
The application is to be in writing and addressed to Council’s Privacy Contact Officer. The Privacy Contact Officer will be the Reviewing Officer to conduct the internal review. The Reviewing Officer must not be substantially involved in any matter relating to the application.
The review must be completed as soon as is reasonably practicable in the circumstances. If the review is not completed within 60 days of the lodgement, the applicant is entitled to seek external review.
Council must notify the Information and Privacy Commission NSW of an application as soon as practicable after its receipt, keep the Commissioner informed of the progress of the application and inform the Commissioner of the findings of the review and of the action it proposes to take in relation to the application.
The Information and Privacy Commission NSW is entitled to make submissions in relation to internal reviews and Council is required to consider any relevant material submitted by the Information and Privacy Commission NSW. Council must provide the Information and Privacy Commission NSW with a draft of Council’s internal review report to enable the Information and Privacy Commission NSW to make a submission.
Council may provide a copy of any submission by Information and Privacy Commission NSW to the applicant.
Council must notify the applicant of the outcome of the review within 14 days of its determination. A copy of the final review should also be provided to the Information and Privacy Commission NSW where it departs from the draft review.
An internal review checklist has been prepared by the Office of the Information and Privacy Commission NSW and can be accessed from its website http://www.ipc.nsw.gov.au.
The Information and Privacy Commission NSW must be notified of a complaint, briefed on progress and notified of the outcome of an internal review under the PPIPA or HRIPA.
6.2 What happens after an Internal Review?
If the complainant remains unsatisfied, he/she may appeal to the NSW Civil and Administrative Tribunal which hears the matter afresh and may impose its own decision and can make a range of orders including an award of damages for a breach of an information protection principle or a health privacy principle.
PART 7 – OTHER RELEVANT MATTERS
7.1 Contracts with consultants and other private contractors
It is necessary to have specific provisions to protect Council in any dealings with private contractors.
7.2 Confidentiality
The obligation of confidentiality is additional to and separate from that of privacy. Nevertheless, a duty to withhold information lies at the heart of both concepts. Confidentiality attaches to information per se, personal or health information to the person to whom that information relates.
An obligation of confidentiality exists for all employees whether express or implied as a matter of law.
Information which may be confidential is also likely to have a separate and independent obligation attaching to it in the form of privacy and in that regard, a release for the purposes of confidentiality will not suffice for privacy purposes. Two separate releases will be required and, in the case of privacy, the person to whom the information relates will be required to provide the release.
7.3 Misuse of personal or health information
Section 664 of the LGA makes it an offence for anyone to disclose information except in accordance with that section. Whether or not a particular disclosure is made with lawful excuse is a matter that requires legal opinion from case to case.
7.4 Regular review of the collection, storage and use of personal or health information
The information practices relating to the collection, storage and use of personal or health information will be reviewed by Council every three years. Any new program initiatives will be incorporated into the review process with a view to ascertaining whether or not those programs comply with the PPIPA.
7.5 Regular review of Privacy Management Plan
When information practices are reviewed from time to time, the Privacy Management Plan will also be reviewed to ensure that the Plan is up to date.
7.6 Further information
For assistance in understanding the processes under the PPIPA and HRIPA, please contact Council or the Office of the Information and Privacy Commission NSW.
PART 8 – APPENDICES
Appendix
1: Statutory Declaration for Access under Section 57 of the
Privacy and Personal Information Protection Act 1998 to a Public Register held
by Council
Appendix 2: Privacy Notification Form – Section 10 (Pre-Collection)
Appendix 3: Privacy Notification Form – Section 10 (Post-Collection)
Appendix 4: Application under Section 13 of the Privacy and Personal Information Protection Act 1998: To Determine Whether Council Holds Personal Information about a Person
Appendix 5: Application under Section 14 of the Privacy and Personal Protection Act 1998: For Access to Applicant’s Personal Information
Appendix 6: Application under Section 15 of the Privacy and Personal Protection Act 1998: For Alteration of Applicant’s Personal Information
Appendix
1: Statutory Declaration for Access Under Section 57 of the Privacy
and Personal Information Protection Act 1998 to a Public Register held by
Council
Statutory Declaration
Oaths Act, 1900, Ninth Schedule
I, the undersigned (1)...................................................................................... (1) insert full name
Of (2) .............................................................................................................. (2) insert address
In the State of New South Wales, do solemnly and sincerely declare that:
I am (3)............................................................................................................ (3) insert relationship, if any, to person inquired about
I seek to know whether (4).............................................................................. (4) insert name
is on the public register of (5).................................................................................................... (5) Applicant to describe the relevant public register
The purpose for which I seek this information is (6)........................................................ (6) insert purpose for seeking information
.............................................................................................................................................................
The purpose for which the information is required is to (7)......................................... (7) insert purpose
.............................................................................................................................................................
And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths Act 1994.
|
Signature of Applicant
|
||
Declared at: |
|
||
in the said State this |
|
day of 20 |
|
In the presence of |
|
||
|
Name of Justice of the Peace/Solicitor to be printed Who certifies that: 1. * I saw the face of the declarant/deponent OR * I did not see the face of the declarant/deponent because he/she was wearing a face covering, but I am satisfied that he/she had a special justification for not removing it, and 2. *I have known the person for at least 12 months OR *I have confirmed the person’s identity with…………………………………….... .......………………………………………………….. [describe identification document relied on]
|
||
|
Signature of Justice of the Peace/Solicitor
|
Appendix
2: Privacy Notification Form – Section 10 (Pre-Collection)
The personal information that Council is collecting from you is personal information for the purposes of the Privacy and Personal Information Protection Act 1998 (PPIPA).
The intended recipients of the personal information are:
§ Officers within Council;
§ Data service providers engaged by Council from time to time;
§ Any other agent of Council, and
§ Other .............................................................................
The supply of information by you is r Voluntary r Not voluntary
If you cannot provide, or do not wish to provide, the information sought, Council
r maybe unable to process your application
r will be unable to process your application
Council is collecting this personal information from you in order to
......................................................................................................................................................
You may make application for access or amendment to information held by Council.
You may also make a request that Council suppress your personal information from a public register. Council will consider any such application in accordance with the PPIPA.
Council is to be regarded as the agency that holds the information. However, if it is not Council who holds or controls the information, please state below who does.
......................................................................................................................................................
Enquiries concerning this matter can be addressed to.....................................................................
......................................................................................................................................................
Signature ..............................................................................................................
Name to be printed ..............................................................................................................
Date signed / /
Appendix
3: Privacy Notification Form – Section 10 (Post-Collection)
The personal information that Council has collected from you is personal information for the purposes of the Privacy and Personal Information Protection Act 1998 (PPIPA).
The intended recipients of the personal information are:
§ Officers within Council
§ Data service providers engaged by Council from time to time
§ Any other agent of Council
§ Other ...............................................................................
The supply of information by you is r Voluntary r Not voluntary
If you cannot provide, or do not wish to provide, the information sought, Council may
......................................................................................................................................................
Council is collecting this personal information from you in order to
......................................................................................................................................................
You may make application for access or amendment to information held by Council.
You may also make a request that Council suppress your personal information from a public register. Council will consider any such application in accordance with the PPIPA.
Council is to be regarded as the agency that holds the information. However, if it is not Council who holds or controls the information, please state below who does.
......................................................................................................................................................
Enquiries concerning this matter can be addressed to.....................................................................
......................................................................................................................................................
Signature ..............................................................................................................
Name to be printed ..............................................................................................................
Date signed / /
Appendix 4:
Application Under Section 13 of the Privacy and Personal Information Protection
Act 1998: To determine Whether Council Holds
Personal Information About A Person
Personal information held by Council
I, (1)................................................................................................................ (1) insert full name
of (2) .............................................................................................................. (2) insert address
Hereby request the General Manager of Orange City Council to:
Provide the following
§ Does Council hold personal information about me? r Yes r No
§ If so, what is the nature of that information?..........................................................................
................................................................................................................................................
................................................................................................................................................
§ What is the main purpose for holding the information?.........................................................
................................................................................................................................................
................................................................................................................................................
§ Am I entitled to access the information? r Yes r No
My address for response to this application is
......................................................................................................................................................
.............................................. State:..................................... Post Code:.....................................
Note to applicants
Council will not record your address or any other contact details that you provide for any other purpose other than to respond to your application.
As an applicant, you have a right of access to personal information concerning yourself that is held by Council under section 14 of the Privacy and Personal Information Protection Act 1998 (PPIPA). There is a separate application form to gain access.
Council may refuse to process this application in part or in whole if:
§ There is an exemption to section 13 of the PPIPA; or
§ A Code of Practice may restrict the operation of section 14.
Enquiries concerning this matter can be addressed to Council’s Privacy Contact Officer at council@orange.nsw.gov.au or 6393 8000.
Appendix
5: Application Under Section 14 of the Privacy and Personal
Protection Act 1998: For Access to Applicant’s Personal Information
Personal information held by Council
I, (1)................................................................................................................ (1) insert full name
of (2) .............................................................................................................. (2) insert address
Hereby request that Orange City Council
Provide me with
r (a) Access to all personal information held concerning myself
r (b) Access to the following personal information only (LIST INFORMATION REQUIRED BELOW)
......................................................................................................................................................
......................................................................................................................................................
My address for response to this application is
......................................................................................................................................................
............................................... State....................................... Post Code........................................
Contact number.....................................................................
Note to applicants
As an applicant, you have a right of access to personal information concerning yourself that is held by Council under section 14 of the Privacy and Personal Information Protection Act 1998 (PPIPA).
You are entitled to have access without excessive delay or cost.
Council may refuse to process this application in part or in whole if:
§ The correct amount of fees has not been paid;
§ There is an exemption to section 14 of the PPIPA; or
§ A Code of Practice may restrict disclosure.
Enquiries concerning this matter can be addressed to Council’s Privacy Contact Officer at council@orange.nsw.gov.au or 6393 8000.
Appendix
6: Application Under Section 15 of the Privacy and Personal
Protection Act 1998: For Alteration of Applicant’s Personal Information
Personal information held by Council
I, (1)................................................................................................................ (1) insert full name
of (2) .............................................................................................................. (2) insert address
Contact Number...........................................................................................................................
Hereby request that Orange City Council
Alter personal information regarding myself in the following manner
§ I propose the following changes.............................................................................................
................................................................................................................................................
§ The reasons for the changes are as follows..........................................................................
................................................................................................................................................
§ The documentary bases for those changes is as shown on the attached documents..........
................................................................................................................................................
................................................................................................................................................
Note to applicants
You have a right to request appropriate amendments are made (whether by way of corrections, deletions or additions) to ensure that the personal information held by Council:
(a) is accurate, and
(b) having regard to the purpose for which the information was collected (or is to be used) and to any purpose that is directly related to that purpose, is relevant, up-to- date, complete and not misleading.
If Council is not prepared to amend the personal information in accordance with a request by you, Council must take such steps as are reasonable to attach to the information in such a manner as is capable of being read with the information, any statement provided by you.
If your personal information is amended, you are entitled under the Privacy and Personal Information Protection Act 1998 (PPIPA), if it is reasonably practicable, to the have recipients of that information notified of the amendments made by Council.
Council may refuse to process your application in part, or in whole, if:
§ there is an exemption to section 15 of the PPIPA; or
§ a Code of Practice may restrict alteration.
Enquiries concerning this matter can be addressed to Council’s Privacy Contact Officer at council@orange.nsw.gov.au or 6393 8000.
5.9 Strategic Policy Review
Attachment 3 DRAFT - Strategic Policy - ST062 - Records Management for Councillors - Policy
RECORDS MANAGEMENT FOR COUNCILLORS
ST062 F22
ObjectiveS
To ensure that full and accurate records of the activities and decisions of Councillors, in the course of their official duties for Council are created, managed and disposed of in accordance with Council’s organisational needs and the State Records Act 1998 and the Government Information (Public Access) Act 2009.
Applicability
All Councillors must comply with this Policy in their conduct of official business for Council. Official business includes business relevant to the performance of the function and duties of the office of Councillor. This Policy applies to records in all formats, including electronic records.
General
Council is bound by the State Records Act 1998 and the Government Information (Public Access) Act 2009 which establish rules for record keeping to ensure transparency and accountability. Councillors, in undertaking their role as an elected member, are subject to these rules and must ensure proper records management, as set out in this Policy and associated Procedure.
Procedure
Council has adopted the “Model Records Management for Councillors” procedure prescribed by Records NSW. This procedure is to be applied when dealing with Council records.
Councillors should be aware that any document of information held, created or received relating to Council business, falls within the definition of “Government Information” under the Government Information (Public Access) Act 2009.
Any correspondence directed to Councillors via Orange City Council will be opened by Records Staff and processed in accordance with the attached procedure.
Related Policies/Documents
State Records Act 1998
Government Information (Public Access) Act 2009
Local Government Act 1993
Privacy and Personal Information Protection Act 1998
Code of Conduct
Strategic Policy - Councillors Access to information and their interaction with staff
Strategic Policy - Councillors - Payment of Expenses and Provision of Facilities
Responsible Area – Corporate and Commercial Services
REVISION |
|||||
|
DATE |
RESOLUTION |
|
DATE |
RESOLUTION |
1 |
January 2007 |
07/207 |
6 |
17 Nov 2015 |
15/541 |
2 |
November 2009 |
09/453 |
7 |
|
|
3 |
May 2012 |
12/166 |
8 |
|
|
4 |
21 May 2013 |
13/223 |
9 |
|
|
5 |
August 2014 |
14/955 |
|
|
|
All policies can be reviewed or revoked by resolution of Council, at any time. |
SUMMARY OF AMENDMENTS
Date |
Amendment |
November 2017 |
Formatting updates. 1.2.1 - Clarification that any correspondence sent to a Councillor relating to any Council business (including any correspondence sent to a Council-provided or private email or postal address) is a “State Record” 2.3.2 - Clarification that any records should be forwarded to the Executive Support Manager for processing into Council’s system. |
October 2015 |
Formatting updates. 1.2.1 – Clarification that a Council record is any correspondence relating to Council business. 1.2.2 – Councillors providing personal character references must not provide these on Council letterhead. 2.4 – Where mail addressed to a Councillor relates to an operational issue, it will be referred to a staff member for response, and the Councillor notified. |
August 2014 |
Provision that any correspondence directed to Councillors via Orange City Council will be opened and processed by Records Staff into Council’s Electronic Document Management System with a copy provided to the Councillor. Procedure updated –formatting changes. |
May 2013 |
Now provides for Councillors using the Council email to receive Council-related correspondence. |
February 2013 |
Update to include Government Information (Public Access) Act 2009 (GIPA) |
5.9 Strategic Policy Review
Attachment 4 DRAFT - Strategic Policy - ST062 - Records Management for Councillors - Attachment
Records Management
for Councillors
Procedure
Table of Contents
1 General
1.1 Introduction
1.2 What is a Record?
1.3 Importance of Record Keeping
2 Creating and Capturing Records
2.1 What records to create and capture
2.2 How to create records
2.3 How to capture records
2.4 Councillors’ mail
2.5 Creation of State Records
3 Unauthorised Access or Disclosure of Council Records
4 Handling and Storage of records
4.1 Damage or neglect of Records is an offence
4.2 Storage of Records
5 Disposal of records
5.1 Disposal in accordance with the State Records Act
5.2 Liaison with Council for disposal
6 Access to records of Council
7 Security and Confidentiality of Records
7.1 Building Controls
7.2 System Controls
8 Breaches
9 References
10 Attachments
10.1 Template 1 – Meeting Note
10.2 Template 2 – File Note
1 General
1.1 Introduction
Council is bound by the State Records Act 1998 (“Act”) which establishes rules for best practice for record keeping, encouraging transparency and accountability.
Councillors, when discharging functions of Council, are subject to these rules as set out by the Act when they create or receive “State Records”.
A Council is identified as a public office under section 3(1) of the Act. Councillors are subject to the Act when they create or receive ‘State Records’ while undertaking business on Council’s behalf. They are not subject to the Act when conducting personal business or business that is unrelated to their role as Councillors.
1.2 What is a Record?
A “Record” is ‘any document or other source compiled, recorded or stored in written form or on film, or by electronic process, or in any other manner or by any other means’ (State Records Act 1998, Part 1, Preliminary, Section 3(1) Definitions).
A “State Record” is ‘any record made and kept or received and kept, by any person in the course of the exercise of official functions in a public office, or for any purpose of a public office, or for the use of a public office’ (State Records Act 1998, Part 1, Preliminary, Section 3(1) Definitions).
1.2.1 Examples of State Records
Examples of “State Records” include (but are not limited to):
· Correspondence, including emails, relating to any Council business (including correspondence sent to a Council-provided or private email or postal address)
· A petition received from a community group
· Declarations concerning a Councillor’s pecuniary interests
· Speech notes made for addresses given at official Council events
· Complaints, suggestions or enquiries by residents about Council services
· Any written response provided by the Councillor to any of the above examples.
1.2.2 Examples of Records that are not State Records
Conversely, records which are created, sent or received by Councillors when they are not discharging functions of Council are not considered to be State records for the purposes of the State Records Act 1998.
Examples of records that are not State records include (but are limited to):
· Records relating to political or electoral issues eg lobbying for votes, supportive emails from members of the community regarding elections or political stances
· Communications regarding matters of personal/general interest rather than Council interest eg information from environmental or other interest groups not specific to issues being considered by Councillors or Council
· Records relating to attendance at sports functions, church fetes, community functions when the Councillor is not representing Council
· Personal records of Councillors such as personal emails, character references for friends (these should not be written on Council letterhead), nomination for awards, and letters to local newspapers etc that are not related to Council business.
1.3 Importance of Record Keeping
Accurate record keeping provides protection for Councillors, in the event that questions are raised regarding conduct. Documenting events, activities and decisions enables Councillors to recall or provide information on a matter when required and supports transparency of Councillor Conduct.
Records are a vital asset to Council. Many records created and received by Councillors have the potential to:
· Support the work of Councillors and Council’s Delivery/Operational Plan, management and administration.
· Help Councillors and Council deliver customer service in an efficient fair and equitable manner.
· Provide evidence of Councillor’s actions and decisions and establish precedents for future decision making.
· Protect the rights and interests of the Council, Councillors and customers.
2 Creating and Capturing Records
2.1 What records to create and capture
Councillors should create and capture full and accurate records of any significant business undertaken in the course of their official duties for Council. Significant business can include:
· Providing advice, instructions or recommendations.
· Drafts of documents for Council containing significant annotations or submitted for comment or approval by others.
· Correspondence received and sent relating to their work undertaken for Council.
Council is responsible for:
· Creating and capturing records of Council or committee meetings.
· Capturing any State Records it sends to Councillors regarding Council business.
2.2 How to create records
Council has paper and electronic templates available for Councillors to create emails, faxes, letters and memos while conducting business for the Council. These will assist Councillors in ensuring that the essential information is recorded.
Details of significant advice, commitments, etc made during telephone or verbal conversations or via SMS should be recorded using the Council’s standard file note template. Details should be recorded to include the following:
· Date and time
· Parties involved
· Summary of discussion
· Commitments
· Advice given
· Reasons for commitment/advice given
Notes in Councillors’ diaries are generally not adequate where there are recordkeeping requirements: they should be converted into a formal file note. These records should be made as soon as possible after the event to ensure the information is accurate.
2.3 How to capture records
2.3.1 Paper records
Councillors are to keep paper records together and at the end of each month, transfer them to the General Manager. Any confidential documents should be marked “CONFIDENTIAL” so that appropriate security measures can be implemented.
Records received from Councillors will be registered into Council’s electronic document management system, with appropriate security controls attached.
2.3.2 Email and electronic records
Councillors are to provide any electronic records including emails, keep such records together and at the end of each month, transfer them to the Executive Support Manager for registration into Council’s Records System. Any confidential documents should be marked “CONFIDENTIAL” so that appropriate security measures can be implemented.
For Councillors utilising a Council email address, a copy of all emails is automatically securely stored in Council’s archives.
Records received from Councillors will be registered into Council’s electronic document management system, with appropriate security controls attached.
2.3.3 Councillor copies
Councillors may wish to retain a copy of any record. Copies should only be retained while needed for current Council business.
2.4 Councillors’ mail
Any incoming mail or email addressed to Councillors will be opened and processed by Records Staff. Mail or emails relating to Council business will be processed into Council’s Electronic Document Management System where correspondence addressed to Councillors relates to operational matters, the letter will be referred to the Executive Support Manager for forwarding to the relevant staff member for response. Councillors will be notified of this and be provided a copy of the correspondence. Any mail not related to Council business will be forwarded to the Councillor.
2.5 Creation of State Records
Should a Councillor create a document on behalf of Council that:
· Provides instructions
· Gives permission or consent
· Makes decisions, commitments or agreements binding on Council
The document must be approved by the Mayor and/or General Manager prior to it being sent. This applies to hard copy and electronic documents. Approval is not required for documents created purely on behalf of the Councillor, with no implicit or explicit impact on Orange City Council.
If it is deemed that a proposed document will contravene Council policy, breach a Council resolution or intention, the Mayor may rule the document inappropriate and require the document to be destroyed.
3 Unauthorised Access or Disclosure of Council Records
The Local Government Act 1993 section 664(1) prohibits the disclosure of information obtained in connection with the administration or execution of the Act, except in certain specific circumstances.
Councillors are also bound by the Council’s Code of Conduct and Code of Meeting Practice not to:
· Attempt to access records they are not authorised to see
· Provide unauthorised access to other parties while Council records are in their care
· Disclose confidential information about Council business, or
· Disclose personal information of employees, clients etc without the subject’s consent.
These rules help to ensure that Council and its staff and clients are protected and that the requirements of relevant legislation, such as privacy legislation, are met.
4 Handling and Storage of records
4.1 Damage or neglect of Records is an offence
Damage or neglect of a State Record is an offence under section 21 of the State Records Act.
4.2 Storage of Records
When storing Council records temporarily the following rules apply:
· Records are to be kept away from known risks such as water, fire, mould, vermin, vandalism, chemicals, direct sunlight, extreme temperatures etc
· Electronic records should be protected against additional hazards such as viruses
· Records should be secured appropriate to their level of sensitivity. No Council records should be left in plain view in vehicles or lying around the house.
· Councillors who are storing records of a sensitive or confidential nature should ensure that they are appropriately protected.
Copies of confidential business papers or documents can be forwarded to the Executive Support Manager for destruction.
5 Disposal of records
5.1 Disposal in accordance with the State Records Act
State records held by Councillors must be disposed of in accordance with the State Records Act 1998. Such records should be returned to the Executive Support Manager.
State Records NSW has issued General Retention and Disposal Authority – Local Government Records (GA39), which outlines classes of records and how long they should be kept before being legally destroyed or transferred to archives. Periods specified are based on relevant legislation, guidelines and standards. Failure to keep records for the length of time specified in the GA39 may put Councillors and Council at risk.
5.2 Liaison with Council for disposal
Councillors should liaise with the Manager Administration and Governance regarding the disposal of any records of Council business as Council is responsible for:
· Ensuring legislative requirements are met
· Ensuring destruction is undertaken appropriately (eg that no sensitive information is released due to inappropriate destruction methods), and
· Documenting disposal decisions for accountability purposes.
6 Access to records of Council
For information regarding Councillors’ Access to Information/records, please refer to separate policy and associated procedure - “Councillors Access to Information and their Interaction with Staff”.
7 Security and Confidentiality of Records
7.1 Building Controls