GOVERNANCE RULES

Introduction
1. Nature of Rules
These are the Governance Rules of Horsham Rural City Council, made in accordance with
section 60 of the Local Government Act 2020.
2. Date of Commencement

These Governance Rules commence on 1 September 2020.

3. Contents
These Governance Rules are divided into the following Chapters:

Chapter Name
Chapter 1 Governance Framework
Chapter 2 Meeting Procedure for Council Meetings
Chapter 3 Meeting Procedure for Delegated Committees
Chapter 4 Meeting Procedure for Community Asset Committees
Chapter 5 Disclosure of Conflicts Of Interest
Chapter 6 Miscellaneous
Chapter 7 Election Period Policy

4. Definitions
In these Governance Rules, unless the context suggests otherwise the following words and
phrases mean:

Act means the Local Government Act 2020.

Chief Executive Officer includes an Acting Chief Executive Officer.

Community Asset Committee means a Community Asset Committee established under

section 65 of the Act.

Council means Horsham Rural City Council.

Council meeting has the same meaning as in the Act.

Delegated Committee means a Delegated Committee established under section 63 of the

Act.

Mayor means the Mayor of Council.

these Rules means these Governance Rules.

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 Chapter 1 – Governance Framework
1. Context
These Rules should be read in the context of and in conjunction with:
(a) the overarching governance principles specified in section 9(2) of the Act; and
(b) the following documents adopted or approved by Council:
(i) Council Plan
(ii) Councillor Code of Conduct
2. Decision Making
(a) In any matter in which a decision must be made by Council (including persons acting with
the delegated authority of Council), Council must consider the matter and make a
decision:
(i) fairly, by giving consideration and making a decision which is balanced, ethical and
impartial; and
(ii) on the merits, free from favouritism or self-interest and without regard to irrelevant
or unauthorised considerations
(b) Council must, when making any decision to which the principles of natural justice apply,
adhere to the principles of natural justice (including, without limitation, ensuring that any
person whose rights will be directly affected by a decision of Council is entitled to
communicate their views and have their interests considered).
(c) Without limiting anything in paragraph (b) of this sub-Rule:
(i) before making a decision that will directly affect the rights of a person, Council
(including any person acting with the delegated authority of Council) must identify
the person or persons whose rights will be directly affected, give notice of the
decision which Council must make and ensure that such person or persons have
an opportunity to communicate their views and have their interests considered
before the decision is made;
(ii) if a report to be considered at a Council meeting concerns subject-matter which will
directly affect the rights of a person or persons, the Report must record whether the
person has or persons have been provided with an opportunity to communicate
their views and have their interests considered;
(iii) if a report to be considered at a Delegated Committee meeting concerns subject-
matter which will directly affect the rights of a person or persons, the Report must
record whether the person has or persons have been provided with an opportunity
to communicate their views and have their interests considered; and
(iv) if a member of Council staff proposes to make a decision under delegation and that
decision will directly affect the rights of a person or persons, the member of Council
staff must, when making that decision, complete a Delegate Report that records
that notice of the decision to be made was given to the person or persons and such
person or persons were provided with an opportunity to communicate their views
and their interests considered.

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 Chapter 2 – Meeting Procedure for Council Meetings

Contents
Part A – Introduction ............................................................................................................................. 1
1. Title ........................................................................................................................... 1
2. Purpose of this Chapter ............................................................................................ 1
3. Definitions and Notes................................................................................................ 1
Part B – Election of Mayor .................................................................................................................... 2
4. Election of the Mayor ................................................................................................ 2
5. Method of Voting....................................................................................................... 2
6. Determining the election of the Mayor ...................................................................... 2
7. Election of Deputy Mayor and Chairs of Delegated Committees ............................. 3
8. Appointment of Acting Mayor ................................................................................... 3
Part C – Meetings Procedure................................................................................................................ 4
Division 1 – Notices of Meetings and Delivery of Agendas .............................................................. 4
9. Dates and Times of Meetings Fixed by Council ....................................................... 4
10. Council May Alter Meeting Dates ............................................................................. 4
11. Meetings Not Fixed by Council ................................................................................. 4
12. Notice Of Meeting ..................................................................................................... 4
Division 2 – Quorums............................................................................................................................ 5
13. Inability To Obtain A Quorum ................................................................................... 5
14. Inability To Maintain A Quorum ................................................................................ 5
15. Adjourned Meetings .................................................................................................. 5
16. Time limits for Meetings ............................................................................................ 5
17. Cancellation or Postponement of a Meeting ............................................................ 5
Division 3 – Business of Meetings ...................................................................................................... 6
18. Agenda and the Order Of Business.......................................................................... 6
19. Change To Order Of Business ................................................................................. 6
20. Urgent Business ....................................................................................................... 6
Division 4 – Motions and Debate ......................................................................................................... 6
21. Councillors May Propose Notices Of Motion ............................................................ 6
22. Notice Of Motion ....................................................................................................... 6
23. Chair’s Duty .............................................................................................................. 7
24. Introducing a Report ................................................................................................. 7
25. Introducing A Motion or an Amendment ................................................................... 7
26. Right Of Reply .......................................................................................................... 8
27. Moving An Amendment ............................................................................................ 8
28. Who May Propose An Amendment .......................................................................... 8
29. How Many Amendments May Be Proposed ............................................................. 8
30. An Amendment Once Carried .................................................................................. 9
31. Foreshadowing Motions............................................................................................ 9
32. Withdrawal Of Motions.............................................................................................. 9
33. Separation Of Motions .............................................................................................. 9
34. Chair May Separate Motions .................................................................................... 9
35. Priority of address ..................................................................................................... 9
36. Motions In Writing ..................................................................................................... 9
37. Repeating Motion and/or Amendment ...................................................................... 9
38. Debate Must Be Relevant To The Motion .............................................................. 10
39. Speaking Times ...................................................................................................... 10
40. Addressing the Meeting .......................................................................................... 10
41. Right to Ask Questions ........................................................................................... 10
Division 5 – Procedural Motions ........................................................................................................ 11

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 42. Procedural Motions ................................................................................................. 11
Division 6 – Rescission Motions ........................................................................................................ 13
43. Notice of Rescission ............................................................................................... 13
44. If Lost ...................................................................................................................... 14
45. If Not Moved ........................................................................................................... 14
46. May Be Moved By Any Councillor .......................................................................... 14
47. When Not Required ................................................................................................ 14
Division 7 – Points of Order ............................................................................................................... 14
48. Chair To Decide ...................................................................................................... 14
49. Chair May Adjourn To Consider ............................................................................. 14
50. Dissent From Chair’s Ruling ................................................................................... 14
51. Procedure For Point Of Order ................................................................................ 15
52. Valid Points Of Order .............................................................................................. 15
Division 8 – Public Question Time..................................................................................................... 15
53. Question Time ........................................................................................................ 15
Division 9 – Petitions and Joint Letters ............................................................................................ 17
54. Petitions and Joint Letters ...................................................................................... 17
Division 10 – Voting ............................................................................................................................ 18
55. How Motion Determined ......................................................................................... 18
56. Silence .................................................................................................................... 18
57. Recount .................................................................................................................. 18
58. Casting Vote ........................................................................................................... 18
59. By Show Of Hands ................................................................................................. 18
60. Procedure For A Division ........................................................................................ 18
61. No Discussion Once Declared ................................................................................ 18
Division 11 – Minutes .......................................................................................................................... 19
62. Confirmation of Minutes .......................................................................................... 19
63. No Debate on Confirmation Of Minutes.................................................................. 20
64. Deferral Of Confirmation Of Minutes ...................................................................... 20
65. Form and Availability of Minutes ............................................................................. 20
Division 12 – Behaviour ...................................................................................................................... 21
66. Public Addressing The Meeting .............................................................................. 21
67. Chair May Remove ................................................................................................. 21
68. Chair may adjourn disorderly meeting .................................................................... 21
69. Removal from Chamber.......................................................................................... 22
Division 13 – Additional Duties of Chair ........................................................................................... 22
70. The Chair’s Duties And Discretions ........................................................................ 22
Division 14 – Suspension of Standing Orders ................................................................................. 22
71. Suspension of Standing Orders .............................................................................. 22
Division 15 – Miscellaneous ............................................................................................................... 22
72. Meetings Conducted Remotely .............................................................................. 22
73. Procedure not provided in this Chapter .................................................................. 23
74. Criticism of members of Council staff ..................................................................... 23

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Part A – Introduction

1. Title

This Chapter will be known as the "Meeting Procedure Local Law".

2. Purpose of this Chapter

The purpose of this Chapter is to:

2.1 provide for the election of the Mayor and any Deputy Mayor;

2.2 provide for the appointment of any Acting Mayor; and

2.3 provide for the procedures governing the conduct of Council meetings.

3. Definitions and Notes

3.1 In this Chapter:

"agenda" means the notice of a meeting setting out the business to be transacted
at the meeting;

"Chair" means the Chairperson of a meeting and includes a Councillor who is

appointed by resolution to chair a meeting under section 61(3) of the Act;

"minute book" means the collective record of proceedings of Council;

"municipal district" means the municipal district of Council;

"notice of motion" means a notice setting out the text of a motion, which it is
proposed to move at the next relevant meeting;

"notice of rescission" means a notice of motion to rescind a resolution made by

Council; and

"written" includes duplicated, lithographed, photocopied, printed and typed, and

extends to both hard copy and soft copy form, and writing has a corresponding
meaning.

3.2 Introductions to Parts, headings and notes are explanatory notes and do not form
part of this Chapter. They are provided to assist understanding.

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Part B – Election of Mayor

Introduction: This Part is concerned with the annual election of the Mayor. It describes how the
Mayor is to be elected.

4. Election of the Mayor

The Chief Executive Officer must facilitate the election of the Mayor in accordance with the
provisions of the Act.

5. Method of Voting

The election of the Mayor must be carried out by a show of hands.

6. Determining the election of the Mayor

6.1 The Chief Executive Officer must open the meeting at which the Mayor is to be
elected, and invite nominations for the office of Mayor.

6.2 Any nominations for the office of Mayor must be:

6.2.1 in writing and in a form prescribed by the Chief Executive Officer; and

6.2.2 seconded by another Councillor.

6.3 Once nominations for the office of Mayor have been received, the following
provisions will govern the election of the Mayor:

6.3.1 if there is only one nomination, the candidate nominated must be

declared to be duly elected;

6.3.2 if there is more than one nomination, the Councillors present at the
meeting must vote for one of the candidates;

6.3.3 in the event of a candidate receiving an absolute majority of the votes,

that candidate is declared to have been elected;

6.3.4 in the event that no candidate receives an absolute majority of the votes,
and it is not resolved to conduct a new election at a later date and time,
the candidate with the fewest number of votes must be declared to be a
defeated candidate. The Councillors present at the meeting must then
vote for one of the remaining candidates;

6.3.5 if one of the remaining candidates receives an absolute majority of the

votes, he or she is duly elected. If none of the remaining candidates
receives an absolute majority of the votes, the process of declaring the
candidates with the fewest number of votes a defeated candidate and
voting for the remaining candidates must be repeated until one of the
candidates receives an absolute majority of the votes. That candidate
must then be declared to have been duly elected;

6.3.6 in the event of two or more candidates having an equality of votes and
one of them having to be declared:

(a) a defeated candidate; and

(b) duly elected

the declaration will be determined by lot.

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 6.3.7 if a lot is conducted, the Chief Executive Officer will have the conduct of
the lot and the following provisions will apply:

(a) each candidate will draw one lot;

(b) the order of drawing lots will be determined by the alphabetical

order of the surnames of the Councillors who received an equal
number of votes except that if two or more such Councillors’
surnames are identical, the order will be determined by the
alphabetical order of the Councillors’ first names; and

(c) as many identical pieces of paper as there are Councillors who

received an equal number of votes must be placed in a receptacle.
If the lot is being conducted to determine who is a defeated
candidate, the word "Defeated" shall be written on one of the
pieces of paper, and the Councillor who draws the paper with the
word "Defeated" written on it must be declared the defeated
candidate (in which event a further vote must be taken on the
remaining candidates unless there is only one candidate
remaining, in which case that candidate will be declared to have
been duly elected).

7. Election of Deputy Mayor and Chairs of Delegated Committees

Any election for:

7.1 any office of Deputy Mayor; or

7.2 Chair of a Delegated Committee

will be regulated by Rules 4-6 (inclusive) of this Chapter, as if the reference to the:

7.3 Chief Executive Officer is a reference to the Mayor; and

7.4 Mayor is a reference to the Deputy Mayor or the Chair of the Delegated Committee
(as the case may be).

8. Appointment of Acting Mayor

If Council has not established an office of Deputy Mayor and it becomes required to appoint
an Acting Mayor, it can do so by:

8.1 resolving that a specified Councillor be so appointed; or

8.2 following the procedure set out in Rules 5 and 6 (inclusive) of this Chapter,

at its discretion.

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Part C – Meetings Procedure

Introduction: This Part is divided into a number of Divisions. Each Division addresses a distinct
aspect of the holding of a meeting. Collectively, the Divisions describe how and when a meeting is
convened, when and how business may be transacted at a meeting.

Division 1 – Notices of Meetings and Delivery of Agendas

9. Dates and Times of Meetings Fixed by Council

Subject to Rule 11, Council must from time to time fix the date, time and place of all Council
meetings.

10. Council May Alter Meeting Dates

Council may change the date, time and place of any Council meeting which has been fixed
by it and must provide reasonable notice of the change to the public.

11. Meetings Not Fixed by Council

11.1 The Mayor or at least 3 Councillors may by a written notice call a Council meeting.

11.2 The notice must specify the date and time of the Council meeting and the business
to be transacted.

11.3 The Chief Executive Officer must convene the Council meeting as specified in the
notice.

11.4 Unless all Councillors are present and unanimously agree to deal with any other
matter, only the business specified in the written notice can be transacted at the
Council meeting.

12. Notice Of Meeting

12.1 A notice of meeting, incorporating or accompanied by an agenda of the business to

be dealt with, must be delivered or sent electronically to every Councillor for all
Council meetings at least 48 hours before the meeting.

12.2 Notwithstanding sub-Rule 12.1, a notice of meeting need not be delivered or sent
electronically to any Councillor who has been granted leave of absence unless the
Councillor has requested the Chief Executive Officer in writing to continue to give
notice of any meeting during the period of his or her absence.

12.3 That the agenda be made available to members of the public by 5pm 4 days prior
to the meeting via the website

12.4 Reasonable notice of each Council meeting must be provided to the public. Council
may do this:

12.4.1 for meetings which it has fixed by preparing a schedule of meetings

annually, twice yearly or from time to time, and arranging publication of
such schedule in a newspaper generally circulating in the municipal
district either at various times throughout the year, or prior to each such
Council meeting; and

12.4.2 for any meeting by giving notice on its website and:

(a) in each of its Customer Service Centres; and/or

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 (b) in at least one newspaper generally circulating in the municipal
district.

Division 2 – Quorums

13. Inability To Obtain A Quorum

If after 30 minutes from the scheduled starting time of any Council meeting, a quorum cannot
be obtained:

13.1 the meeting will be deemed to have lapsed;

13.2 the Mayor must convene another Council meeting, the agenda for which will be
identical to the agenda for the lapsed meeting; and

13.3 the Chief Executive Officer must give all Councillors written notice of the meeting
convened by the Mayor.

14. Inability To Maintain A Quorum

14.1 If during any Council meeting, a quorum cannot be maintained then Rule 13 will
apply as if the reference to the meeting is a reference to so much of the meeting as
remains.

14.2 Sub-Rule 14.1 does not apply if the inability to maintain a quorum is because of the
number of Councillors who have a conflict of interest in the matter to be
considered.

15. Adjourned Meetings

15.1 Council may adjourn any meeting to another date or time but cannot in the
absence of disorder or a threat to the safety of any Councillor or member of
Council staff adjourn a meeting in session to another place.

15.2 The Chief Executive Officer must give written notice to each Councillor of the date,
time and place to which the meeting stands adjourned and of the business
remaining to be considered.

15.3 If it is impracticable for the notice given under sub-Rule 15.2 to be in writing, the
Chief Executive Officer must give notice to each Councillor by telephone or in
person.

16. Time limits for Meetings

16.1 A Council meeting must not continue after 9:30pm unless a majority of Councillors
present vote in favour of it continuing.

16.2 A meeting cannot be continued for more than 30 minutes (or a further 30 minutes,
if a majority of Councillors has already voted to continue it for 30 minutes).

16.3 In the absence of such continuance, the meeting must stand adjourned to a time,
date and place announced by the Chair immediately prior to the meeting standing
adjourned. In that event, the provisions of sub-Rules 15.2 and 15.3 apply.

17. Cancellation or Postponement of a Meeting

17.1 The Chief Executive Officer may, in the case of an emergency necessitating the
cancellation or postponement of a Council meeting, cancel or postpone a Council
meeting.

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 17.2 The Chief Executive Officer must present to the immediately following Council
meeting a written report on any exercise of the power conferred by sub-Rule 17.1.

Division 3 – Business of Meetings

18. Agenda and the Order Of Business

The agenda for and the order of business for a Council meeting is to be determined by the
Chief Executive Officer so as to facilitate and maintain open, efficient and effective
processes of government.

19. Change To Order Of Business

Once an agenda has been sent to Councillors, the order of business for that Council meeting
may be altered with the consent of Council.

20. Urgent Business

If the agenda for an Council meeting makes provision for urgent business, business cannot
be admitted as urgent business other than by resolution of Council and only then if it:

20.1 relates to or arises out of a matter which has arisen since distribution of the
agenda; and

20.2 cannot safely or conveniently be deferred until the next Council meeting.

Division 4 – Motions and Debate

21. Councillors May Propose Notices Of Motion

Councillors may ensure that an issue is listed on an agenda by lodging a Notice of Motion.

22. Notice Of Motion

22.1 A notice of motion must be in writing signed by a Councillor, and be lodged with or
sent to the Chief Executive Officer at least 24 hours before the Agenda is finalised
and distributed to allow sufficient time for him or her to include the notice of motion
in agenda papers for a Council meeting.

22.2 The Chief Executive Officer may reject any notice of motion which:

22.2.1 is vague or unclear in intention

22.2.2 it is beyond Council's power to pass; or

22.2.3 if passed would result in Council otherwise acting invalidly

but must:

22.2.4 give the Councillor who lodged it an opportunity to amend it prior to

rejection, if it is practicable to do so; and

22.2.5 notify in writing the Councillor who lodged it of the rejection and reasons
for the rejection.

22.3 The full text of any notice of motion accepted by the Chief Executive Officer must
be included in the agenda.

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 22.4 The Chief Executive Officer must cause all notices of motion to be numbered,
dated and entered in the notice of motion register in the order in which they were
received.

22.5 Except by leave of Council, each notice of motion before any meeting must be
considered in the order in which they were entered in the notice of motion register.

22.6 If a Councillor who has given a notice of motion is absent from the meeting or fails
to move the motion when called upon by the Chair, any other Councillor may move
the motion.

22.7 If a notice of motion is not moved at the Council meeting at which it is listed, it
lapses

22.8 Unless the Council resolves to relist at a future meeting a Notice of Motion which
has been lost or not moved, a similar motion must not be put before the Council for
at least three (3) months from the date it was lost.

23. Chair’s Duty

Any motion which is determined by the Chair to be:

23.1 defamatory;

23.2 objectionable in language or nature;

23.3 vague or unclear in intention;

23.4 outside the powers of Council; or

23.5 irrelevant to the item of business on the agenda and has not been admitted as
urgent, or purports to be an amendment but is not,

must not be accepted by the Chair.

24. Introducing a Report

24.1 Before a written report is considered by Council and any motion moved in relation
to such report, a member of Council staff may introduce the report by indicating in
not more than 2 minutes:

24.1.1 its background; or

24.1.2 the reasons for any recommendation which appears.

24.2 Unless Council resolves otherwise, a member of Council staff need not read any
written report to Council in full.

25. Introducing A Motion or an Amendment

The procedure for moving any motion or amendment is:

25.1 the mover must state the motion without speaking to it;

25.2 the motion must be seconded and the seconder must be a Councillor other than
the mover. If a motion is not seconded, the motion lapses for want of a seconder;

25.3 if a motion or an amendment is moved and seconded the Chair must ask:

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 "Is the motion or amendment opposed? Does any Councillor wish to speak to the
motion or amendment?"

25.4 if no Councillor indicates opposition or a desire to speak to it, the Chair may
declare the motion or amendment carried without discussion;

25.5 if a Councillor indicates opposition or a desire to speak to it, then the Chair must
call on the mover to address the meeting;

25.6 after the mover has addressed the meeting, the seconder may address the
meeting;

25.7 after the seconder has addressed the meeting (or after the mover has addressed
the meeting if the seconder does not address the meeting,) the Chair must invite
debate by calling on any Councillor who wishes to speak to the motion, providing
an opportunity to alternate between those wishing to speak against the motion and
those wishing to speak for the motion; and

25.8 if, after the mover has addressed the meeting, the Chair has invited debate and no
Councillor speaks to the motion, then the Chair must put the motion to the vote.

26. Right Of Reply

26.1 The mover of a motion, including an amendment, has a right of reply to matters
raised during debate.

26.2 After the right of reply has been taken but subject to any Councillor exercising his
or her right to ask any question concerning or arising out of the motion, the motion
must immediately be put to the vote without any further discussion or debate.

27. Moving An Amendment

27.1 Subject to sub-Rule 27.2 a motion which has been moved and seconded may be
amended by leaving out or adding words. Any added words must be relevant to
the subject of the motion.

27.2 A motion to confirm a previous resolution of Council cannot be amended.

27.3 An amendment must not be directly opposite to the motion.

28. Who May Propose An Amendment

28.1 An amendment may be proposed or seconded by any Councillor, except the mover
or seconder of the original motion.

28.2 Any one Councillor cannot move more than two amendments in succession.

29. How Many Amendments May Be Proposed

29.1 Any number of amendments may be proposed to a motion but only one
amendment may be accepted by the Chair at any one time.

29.2 No second or subsequent amendment, whether to the motion or an amendment of

it, may be taken into consideration until the previous amendment has been dealt
with.

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30. An Amendment Once Carried

30.1 If the amendment is carried, the motion as amended then becomes the motion
before the meeting, and the amended motion must then be put.

30.2 The mover of the original motion retains the right of reply to that motion.

31. Foreshadowing Motions

31.1 At any time during debate a Councillor may foreshadow a motion so as to inform
Council of his or her intention to move a motion at a later stage in the meeting
dealing with the same subject matter, but this does not extend any special right to
the foreshadowed motion.

31.2 A motion foreshadowed may be prefaced with a statement that in the event of a
particular motion before the Chair being resolved in a certain way, a Councillor
intends to move an alternative or additional motion.

31.3 The Chief Executive Officer or person taking the minutes of the meeting is not
expected to record foreshadowed motions in the minutes until the foreshadowed
motion is formally moved.

31.4 The Chair is not obliged to accept foreshadowed motions.

32. Withdrawal Of Motions

32.1 Before any motion is put to the vote, it may be withdrawn by the mover and
seconder with the leave of Council.

32.2 If the majority of Councillors objects to the withdrawal of the motion, it may not be
withdrawn.

33. Separation Of Motions

Where a motion contains more than one part, a Councillor may request the Chair to put the
motion to the vote in separate parts.

34. Chair May Separate Motions

The Chair may decide to put any motion to the vote in several parts.

35. Priority of address

In the case of competition for the right of speak, the Chair must decide the order in which the
Councillors concerned will be heard.

36. Motions In Writing

36.1 The Chair may require that a complex or detailed motion be in writing.

36.2 Council may adjourn the meeting while the motion is being written or Council may
defer the matter until the motion has been written, allowing the meeting to proceed
uninterrupted.

37. Repeating Motion and/or Amendment

The Chair may request the person taking the minutes of the Council meeting to read the
motion or amendment to the meeting before the vote is taken.

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38. Debate Must Be Relevant To The Motion

38.1 Debate must always be relevant to the motion before the Chair, and, if not, the
Chair must request the speaker to confine debate to the motion.

38.2 If after being requested to confine debate to the motion before the Chair, the
speaker continues to debate irrelevant matters, the Chair may direct the speaker to
be seated and not speak further in respect of the motion then before the Chair.

38.3 A speaker to whom a direction has been given under sub-Rule 38.2 must comply
with that direction.

39. Speaking Times

A Councillor must not speak longer than the time set out below, unless granted an extension
by the Chair:

39.1 the mover of a motion or an amendment which has been opposed: 5 minutes;

39.2 any other Councillor: 3 minutes; and

39.3 the mover of a motion exercising a right of reply: 2 minutes.

40. Addressing the Meeting

If the Chair so determines:

40.1 any person addressing the Chair must refer to the Chair as:

40.1.1 Madam Mayor; or

40.1.2 Mr Mayor; or

40.1.3 Madam Chair; or

40.1.4 Mr Chair

as the case may be;

40.2 all Councillors, other than the Mayor, must be addressed as

Cr (name).

40.3 all members of Council staff, must be addressed as Mr or Ms

(name) as appropriate or by their official title.

41. Right to Ask Questions

41.1 A Councillor may, when no other Councillor is speaking, ask any question
concerning or arising out of the motion or amendment before the Chair.

41.2 The Chair has the right to limit questions and direct that debate be commenced or
resumed.

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Division 5 – Procedural Motions

42. Procedural Motions

42.1 Unless otherwise prohibited, a procedural motion may be moved at any time and
must be dealt with immediately by the Chair.

42.2 Procedural motions require a seconder.

42.3 Notwithstanding any other provision in this Chapter, procedural motions must be
dealt with in accordance with the following table:

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 PROCEDURAL MOTIONS TABLE

Procedural Motion Form Mover & Seconder When Motion Prohibited Effect if Carried Effect if Lost Debate Permitted
on Motion
1. Adjournment of That this matter be Any Councillor who (a) During the election of a Motion and amendment is Debate continues Yes
debate to later hour adjourned to *am/pm has not moved or Chair; postponed to the stated unaffected
and/or date and/or *date seconded the (b) When another time and/or date
original motion or Councillor is speaking
otherwise spoken to
the original motion
2. Adjournment of That this matter be Any Councillor who (a) During the election of a Motion and any Debate continues Yes
debate indefinitely adjourned until has not moved or Chair; amendment postponed unaffected
further notice seconded the (b) When another but may be resumed at
original motion or Councillor is speaking; any later meeting if on the
otherwise spoken to (c) When the matter is one agenda
the original motion in respect of which a call
of the Council has been
made for that meeting in
accordance with section
85 of the Act; or
(d)When the motion would
have the effect of causing
Council to be in breach of
a legislative requirement
3. The closure That the motion be Any Councillor who During nominations for Motion or amendment in Debate continues No
now put has not moved or Chair respect of which the unaffected
seconded the closure is carried is put to
original motion or the vote immediately
otherwise spoken to without debate of this
the original motion motion, subject to any
Councillor exercising his
or her right to ask any
question concerning or
arising out of the motion

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Division 6 – Rescission Motions

43. Notice of Rescission

43.1 A Councillor may propose a notice of rescission provided:

43.1.1 it has been signed and dated by at least three Councillors;

43.1.2 the resolution proposed to be rescinded has not been acted on; and

43.1.3 the notice of rescission is delivered to the Chief Executive Officer within
24 hours of the resolution having been made setting out -

(a) the resolution to be rescinded; and

(b) the meeting and date when the resolution was carried.

It should be remembered that a notice of rescission is a form of notice of motion.

Accordingly, all provisions in this Chapter regulating notices of motion equally apply to
notices of rescission.

43.2 A resolution will be deemed to have been acted on if:

43.2.1 its contents have or substance has been communicated in writing to a

person whose interests are materially affected by it; or

43.2.2 a statutory process has been commenced

so as to vest enforceable rights in or obligations on Council or any other person.

43.3 The Chief Executive Officer or an appropriate member of Council staff must defer
implementing a resolution which:

43.3.1 has not been acted on; and

43.3.2 is the subject of a notice of rescission which has been delivered to the
Chief Executive Officer in accordance with sub-Rule 43.1.3,

unless deferring implementation of the resolution would have the effect of depriving
the resolution of efficacy.

By way of example, assume that, on a Monday evening, Council resolves to have legal
representation at a planning appeal to be heard on the following Monday. Assume also
that, immediately after that resolution is made, a Councillor lodges a notice of motion to
rescind that resolution. Finally, assume that the notice of rescission would not be dealt
with until the next Monday evening (being the evening of the day on which the planning
appeal is to be heard).

In these circumstances, deferring implementation of the resolution would have the effect
of depriving the resolution of efficacy. This is because the notice of rescission would not
be debated until after the very thing contemplated by the resolution had come and gone.
In other words, by the time the notice of rescission was dealt with the opportunity for legal
representation at the planning appeal would have been lost.

[8190878: 26812492_1]
 Sub-Rule 43.3 would, in such circumstances, justify the Chief Executive Officer or an
appropriate member of Council staff actioning the resolution rather than deferring
implementation of it.

44. If Lost

If a motion for rescission is lost, a similar motion may not be put before Council for at least
three months from the date it was last lost, unless Council resolves that the notice of motion
be re-listed at a future meeting.

45. If Not Moved

If a motion for rescission is not moved at the meeting at which it is listed, it lapses.

46. May Be Moved By Any Councillor

A motion for rescission listed on an agenda may be moved by any Councillor present but
may not be amended.

47. When Not Required

47.1 Unless sub-Rule 47.2 applies, a motion for rescission is not required where Council
wishes to change policy.

47.2 The following standards apply if Council wishes to change policy:

47.2.1 if the policy has been in force in its original or amended form for less than
12 months, a notice of rescission must be presented to Council; and

47.2.2 any intention to change a Council policy, which may result in a significant
impact on any person, should be communicated to those affected and
this may include publication and consultation, either formally or
informally.

Division 7 – Points of Order

48. Chair To Decide

The Chair must decide all points of order by stating the provision, rule, practice or precedent
which he or she considers applicable to the point raised without entering into any discussion
or comment.

49. Chair May Adjourn To Consider

49.1 The Chair may adjourn the meeting to consider a point of order but otherwise must
rule on it as soon as it is raised.

49.2 All other questions before the meeting are suspended until the point of order is
decided.

50. Dissent From Chair’s Ruling

50.1 A Councillor may move that the meeting disagree with the Chair's ruling on a point
of order, by moving:

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 "That the Chair's ruling [setting out that ruling or part of that ruling] be dissented
from".

50.2 When a motion in accordance with this Rule is moved and seconded, the Chair
must leave the Chair and the Deputy Mayor (or, if there is no Deputy Mayor or the
Deputy Mayor is not present, temporary Chair elected by the meeting) must take
his or her place.

50.3 The Deputy Mayor or temporary Chair must invite the mover to state the reasons
for his or her dissent and the Chair may then reply.

50.4 The Deputy Mayor or temporary Chair must put the motion in the following form:

"That the Chair's ruling be dissented from."

50.5 If the vote is in the negative, the Chair resumes the Chair and the meeting
proceeds.

50.6 If the vote is in the affirmative, the Chair must then resume the Chair, reverse or
vary (as the case may be) his or her previous ruling and proceed.

50.7 The defeat of the Chair's ruling is in no way a motion of censure or non- confidence
in the Chair, and should not be so regarded by the meeting.

51. Procedure For Point Of Order

A Councillor raising a point of order must:

51.1 state the point of order; and

51.2 state any section, Rule, paragraph or provision relevant to the point of order

before resuming his or her seat.

52. Valid Points Of Order

A point of order may be raised in relation to:

52.1 a motion, which, under Rule 23, or a question which, under Rule 53, should not be
accepted by the Chair;

52.2 a question of procedure; or

52.3 any act of disorder.

Rising to express a difference of opinion or to contradict a speaker is not a point of order.

Division 8 – Public Question Time

53. Question Time

53.1 There must be a public question time at every Council meeting fixed under Rule 9
to enable members of the public to submit questions to Council.

53.2 Sub-Rule 53.1 does not apply during any period when a meeting is closed to
members of the public in accordance with section 66(2) of the Act.

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 53.3 Public question time will not exceed 15 minutes in duration, however the Council
may determine an extensions of a further 15 minutes.

53.4 Questions submitted to Council must be:

53.4.1 in writing, state the name and address of the person submitting the
question and generally be in a form approved or permitted by Council;
and

53.4.2 placed in the receptacle designated for the purpose at the place of the
meeting prior to 5pm on the day of the Council meeting, or be lodged
electronically at the prescribed email address prior to 5pm on the Friday
prior to the day of the Council meeting.

53.5 No person may submit more than two questions at any one meeting.

53.6 If a person has submitted two questions to a meeting, the second question:

53.6.1 may, at the discretion of the Chair, be deferred until all other persons who
have asked a question have had their questions asked and answered; or

53.6.2 may not be asked if the time allotted for public question time has expired.

53.7 The Chair or a member of Council staff nominated by the Chair may read to those
present at the meeting a question which has been submitted in accordance with
this Rule.

53.8 Notwithstanding sub-Rule 53.6, the Chair may refrain from reading a question or
having a question read if the person who submitted the question is not present in
the gallery at the time when the question is due to be read.

53.9 A question may be disallowed by the Chair if the Chair determines that it:

53.9.1 relates to a matter outside the duties, functions and powers of Council;

53.9.2 is defamatory, indecent, abusive, offensive, irrelevant, trivial or

objectionable in language or substance;

53.9.3 deals with a subject matter already answered;

53.9.4 is aimed at embarrassing a Councillor or a member of Council staff;

53.9.5 relates to personnel matters;

53.9.6 relates to the personal hardship of any resident or ratepayer;

53.9.7 relates to industrial matters;

53.9.8 relates to contractual matters;

53.9.9 relates to proposed developments;

53.9.10 relates to legal advice;

53.9.11 relates to matters affecting the security of Council property; or

53.9.12 relates to any other matter which Council considers would prejudice
Council or any person.

[8190878: 26812492_1] page 16

 53.10 Any question which has been disallowed by the Chair must be made available to
any other Councillor upon request.

53.11 All questions and answers must be as brief as possible, and no discussion may be
allowed other than by Councillors for the purposes of clarification.

53.12 Like questions may be grouped together and a single answer provided.

53.13 The Chair may nominate a Councillor or the Chief Executive Officer to respond to a
question.

53.14 A Councillor or the Chief Executive Officer may require a question to be put on
notice. If a question is put on notice, a written copy of the answer will be sent to
the person who asked the question.

53.15 A Councillor or the Chief Executive Officer may advise Council that it is his or her
opinion that the reply to a question should be given in a meeting closed to
members of the public. The Councillor or Chief Executive Officer (as the case may
be) must state briefly the reason why the reply should be so given and, unless
Council resolves to the contrary, the reply to such question must be so given.

Division 9 – Petitions and Joint Letters

54. Petitions and Joint Letters

54.1 Unless Council determines to consider it as an item of urgent business, no motion

(other than a motion to receive the same) may be made on any petition, joint letter,
memorial or other like application until the next Council meeting after that at which
it has been presented.

54.2 It is incumbent on every Councillor presenting a petition or joint letter to acquaint

himself or herself with the contents of that petition or joint letter, and to ascertain
that it does not contain language disrespectful to Council.

54.3 If a Councillor is presenting a petition or joint letter to Council must:

54.3.1 write or otherwise record his or her name at the beginning of the petition
or joint letter; and

54.3.2 confine himself or herself to a statement of the persons from whom it

comes, the number of signatories to it, the material matters expressed in
it and the text of the prayer or request.

54.4 Every petition or joint letter presented to Council must be in writing (other than
pencil), typing or printing, contain the request of the petitioners or signatories and
be signed by at least 12 people.

54.5 Every petition or joint letter must be signed by the persons whose names are
appended to it by their names or marks, and, except in cases of incapacity or
sickness, by no one else and the address of every petitioner or signatory must be
clearly stated.

54.6 Any signature appearing on a page which does not bear the text of the whole of the
petition or request may not be considered by Council.

54.7 Every page of a petition or joint letter must be a single page of paper and not be
posted, stapled, pinned or otherwise affixed or attached to any piece of paper other
than another page of the petition or joint letter.

[8190878: 26812492_1] page 17

 54.8 If a petition, joint letter, memorial or other like application relates to an operational
matter, Council must refer it to the Chief Executive Officer for consideration.

Division 10 – Voting

55. How Motion Determined

To determine a motion before a meeting, the Chair must first call for those in favour of the
motion and then those opposed to the motion, and must then declare the result to the
meeting.

56. Silence

Voting must take place in silence.

57. Recount

The Chair may direct that a vote be recounted to satisfy himself or herself of the result.

58. Casting Vote

In the event of a tied vote, the Chair must exercise a casting vote.

59. By Show Of Hands

Voting on any matter is by show of hands.

60. Procedure For A Division

60.1 Immediately after any question is put to a meeting and before the next item of
business has commenced, a Councillor may call for a division.

60.2 When a division is called for, the vote already taken must be treated as set aside
and the division shall decide the question, motion or amendment.

60.3 When a division is called for, the Chair must:

60.3.1 first ask each Councillor wishing to vote in the affirmative to raise a hand
and, upon such request being made, each Councillor wishing to vote in
the affirmative must raise one of his or her hands. The Chair must then
state, and the Chief Executive Officer or any authorised officer must
record, the names of those Councillors voting in the affirmative; and

60.3.2 then ask each Councillor wishing to vote in the negative to raise a hand
and, upon such request being made, each Councillor wishing to vote in
the negative must raise one of his or her hands. The Chair must then
state, and the Chief Executive Officer or any authorised officer must
record, the names of those Councillors voting in the negative.

61. No Discussion Once Declared

Once a vote on a question has been taken, no further discussion relating to the question is
allowed unless the discussion involves:

61.1 a Councillor requesting, before the next item of business is considered, that his or
her opposition to a resolution be recorded in the minutes or a register maintained
for that purpose; or

[8190878: 26812492_1] page 18

 61.2 foreshadowing a notice of rescission where a resolution has just been made, or a
positive motion where a resolution has just been rescinded.

For example, Rule 61 would allow some discussion if, immediately after a resolution was
made, a Councillor foreshadowed lodging a notice of rescission to rescind that resolution.

Equally, Rule 61 would permit discussion about a matter which would otherwise be left in
limbo because a notice of rescission had been successful. For instance, assume that
Council resolved to refuse a planning permit application. Assume further that this
resolution was rescinded.

Without a positive resolution – to the effect that a planning permit now be granted – the
planning permit application will be left in limbo. Hence the reference, in sub-Rule 61.2, to
discussion about a positive motion were a resolution has just been rescinded.

Division 11 – Minutes

62. Confirmation of Minutes

62.1 At every Council meeting the minutes of the preceding meeting(s) must be dealt
with as follows:

62.1.1 a copy of the minutes must be delivered to each Councillor no later than
48 hours before the meeting;

62.1.2 if no Councillor indicates opposition, the minutes must be declared to be

confirmed;

62.1.3 if a Councillor indicates opposition to the minutes:

(a) he or she must specify the item(s) to which he or she objects;

(b) the objected item(s) must be considered separately and in the

order in which they appear in the minutes;

(c) the Councillor objecting must move accordingly without speaking to

the motion;

(d) the motion must be seconded;

(e) the Chair must ask:

"Is the motion opposed?"

(f) if no Councillor indicates opposition, then the Chair must declare

the motion carried without discussion and then ask the second of
the questions described in sub-Rule 62.1.3(k);

(g) if a Councillor indicates opposition, then the Chair must call on the
mover to address the meeting;

(h) after the mover has addressed the meeting, the seconder may
address the meeting;

(i) after the seconder has addressed the meeting (or after the mover
has addressed the meeting if the seconder does not address the

[8190878: 26812492_1] page 19

 meeting), the Chair must invite debate by calling on any Councillor
who wishes to speak to the motion, providing an opportunity to
alternate between those wishing to speak against the motion and
those wishing to speak for the motion;

(j) if, after the mover has addressed the meeting, the Chair invites
debate and no Councillor speaks to the motion, the Chair must put
the motion; and

(k) the Chair must, after all objections have been dealt with, ultimately
ask:

"The question is that the minutes be confirmed" or

"The question is that the minutes, as amended, be confirmed",

and he or she must put the question to the vote accordingly;

62.1.4 a resolution of Council must confirm the minutes and the minutes must, if
practicable, be signed by the Chair of the meeting at which they have
been confirmed;

62.1.5 the minutes must be entered in the minute book and each item in the
minute book must be entered consecutively; and

62.1.6 unless otherwise resolved or required by law, minutes of a Delegated

Committee requiring confirmation by Council must not be available to the
public until confirmed by Council.

63. No Debate on Confirmation Of Minutes

No discussion or debate on the confirmation of minutes is permitted except where their

accuracy as a record of the proceedings of the meeting to which they relate is questioned.

64. Deferral Of Confirmation Of Minutes

Council may defer the confirmation of minutes until later in the Council meeting or until the
next meeting if considered appropriate.

65. Form and Availability of Minutes

65.1 The Chief Executive Officer (or other person authorised by the Chief Executive
Officer to attend the meeting and to take the minutes of such meeting) must keep
minutes of each Council meeting, and those minutes must record:

65.1.1 the date, place, time and nature of the meeting;

65.1.2 the names of the Councillors present and the names of any Councillors
who apologised in advance for their non-attendance;

65.1.3 the names of the members of Council staff present;

65.1.4 any disclosure of a conflict of interest made by a Councillor, including the

explanation given by the Councillor under Chapter 5;

65.1.5 arrivals and departures (including temporary departures) of Councillors

during the course of the meeting;

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 65.1.6 each motion and amendment moved (including motions and amendments
that lapse for the want of a seconder);

65.1.7 the vote cast by each Councillor upon a division;

65.1.8 the vote cast by any Councillor who has requested that his or her vote be
recorded in the minutes;

65.1.9 questions upon notice;

65.1.10 the failure of a quorum;

65.1.11 any adjournment of the meeting and the reasons for that adjournment;
and

65.1.12 the time at which standing orders were suspended and resumed.

65.2 The Chief Executive Officer must ensure that the minutes of any Council meeting
are:

65.2.1 published on Council’s website; and

65.2.2 available for inspection at Council’s office during normal business hours.

65.3 Nothing in sub-Rule 65.2 requires Council or the Chief Executive Officer to make
public any minutes relating to a Council meeting or part of a Council meeting
closed to members of the public in accordance with section 66 of the Act.

Division 12 – Behaviour

66. Public Addressing The Meeting

66.1 Members of the public do not have a right to address Council and may only do so
with the consent of the Chair or by prior arrangement.

66.2 Any member of the public addressing Council must extend due courtesy and
respect to Council and the processes under which it operates and must take
direction from the Chair whenever called on to do so.

66.3 A member of the public present at a Council meeting must not disrupt the meeting.

67. Chair May Remove

The Chair may order and cause the removal of any person, other than a Councillor, who
disrupts any meeting or fails to comply with a direction given under sub-Rule 66.2.

It is intended that this power be exercisable by the Chair, without the need for any
Council resolution. The Chair may choose to order the removal of a person whose
actions immediately threaten the stability of the meeting or wrongly threatens his or her
authority in chairing the meeting.

68. Chair may adjourn disorderly meeting

If the Chair is of the opinion that disorder at the Council table or in the gallery makes it
desirable to adjourn the Council meeting, he or she may adjourn the meeting to a later time

[8190878: 26812492_1] page 21

 on the same day or to some later day as he or she thinks proper. In that event, the
provisions of sub-Rules 15.2 and 15.3 apply.

69. Removal from Chamber

The Chair, or Council in the case of a suspension, may ask the Chief Executive Officer or a
member of the Victoria Police to remove from the Chamber any person who acts in breach of
this Chapter and whom the Chair has ordered to be removed from the gallery under Rule 70.

Division 13 – Additional Duties of Chair

70. The Chair’s Duties And Discretions

In addition to the duties and discretions provided in this Chapter, the Chair:

70.1 must not accept any motion, question or statement which is derogatory, or
defamatory of any Councillor, member of Council staff, or member of the
community; and

70.2 must call to order any person who is disruptive or unruly during any meeting.

Division 14 – Suspension of Standing Orders

71. Suspension of Standing Orders

71.1 To expedite the business of a meeting, Council may suspend standing orders.

The suspension of standing orders should be used to enable full discussion of any issue
without the constraints of formal meeting procedure.

Its purpose is to enable the formalities of meeting procedure to be temporarily disposed

of while an issue is discussed.

71.2 The suspension of standing orders should not be used purely to dispense with the
processes and protocol of the government of Council. An appropriate motion would
be:

"That standing order be suspended to enable discussion on……"

71.3 No motion can be accepted by the Chair or lawfully be dealt with during any
suspension of standing orders.

71.4 Once the discussion has taken place and before any motions can be put, the
resumption of standing orders will be necessary. An appropriate motion would be:

"That standing orders be resumed."

Division 15 – Miscellaneous

72. Meetings Conducted Remotely

If:

72.1 by law a meeting may be conducted electronically; and

72.2 Council decides that a meeting is to be conducted electronically,

[8190878: 26812492_1] page 22

 the Chair may, with the consent of the meeting, modify the application of any of the Rules in
this Chapter to facilitate the more efficient and effective transaction of the business of the
meeting.

73. Procedure not provided in this Chapter

In all cases not specifically provided for by this Chapter, the Chairperson must decide the
procedure to be followed based on law or generally accepted meeting protocols.

74. Criticism of members of Council staff

74.1 The Chief Executive Officer may make a brief statement at a Council meeting in
respect of any statement by a Councillor made at the Council meeting criticising
him or her or any member of Council staff.

74.2 A statement under sub-Rule 74.1 must be made by the Chief Executive Officer,
through the Chair, as soon as it practicable after the Councillor who made the
statement has resumed his or her seat.

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 Chapter 3 – Meeting Procedure for Delegated Committees

1. Meeting Procedure Generally

If Council establishes a Delegated Committee:

1.1 all of the provisions of Chapter 2 apply to meetings of the Delegated Committee;
and

1.2 any reference in Chapter 2 to:

1.2.1 a Council meeting is to be read as a reference to a Delegated Committee

meeting;

1.2.2 a Councillor is to be read as a reference to a member of the Delegated

Committee; and

1.2.3 the Mayor is to be read as a reference to the Chair of the Delegated

Committee.

2. Meeting Procedure Can Be Varied

Notwithstanding Rule 1, if Council establishes a Delegated Committee that is not composed

solely of Councillors:

2.1 Council may; or

2.2 the Delegated Committee may, with the approval of Council

resolve that any or all of the provisions of Chapter 2 are not to apply to a meeting of the
Delegated Committee, in which case the provision or those provisions will not apply until
Council resolves, or the Delegated Committee with the approval of Council resolves,
otherwise.

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 Chapter 4 – Meeting Procedure for Community Asset Committees

1. Introduction

In this Chapter, “Instrument of Delegation” means an instrument of delegation made by the

Chief Executive Officer under section 47(1)(b) of the Act.

2. Meeting Procedure

Unless anything in the instrument of delegation provides otherwise, the conduct of a meeting
of a Community Asset Committee is in the discretion of the Community Asset Committee.

[8190878: 26812492_1] page 25

 Chapter 5 – Disclosure of Conflicts of Interest

1. Introduction

The following Rules in this Chapter apply only upon Division 1A of Part 4 of the Local
Government Act 1989 being repealed.*

2. Definition

In this Chapter:

2.1 “meeting conducted under the auspices of Council” means a meeting of the kind
described in section 131(1) of the Act, and includes a meeting referred to in Rule 1
of Chapter 6 (whether such a meeting is known as a ‘Councillor Briefing’ or by
some other name); and

2.2 a member of a Delegated Committee includes a Councillor.

3. Disclosure of a Conflict of Interest at a Council Meeting

A Councillor who has a conflict of interest in a matter being considered at a Council meeting
at which he or she:

3.1 is present must disclose that conflict of interest by explaining the nature of the
conflict of interest to those present at the Council meeting immediately before the
matter is considered; or

3.2 intends to be present must disclose that conflict of interest by providing to the Chief
Executive Officer before the Council meeting commences a written notice:

3.2.1 advising of the conflict of interest;

3.2.2 explaining the nature of the conflict of interest; and

3.2.3 detailing, if the nature of the conflict of interest involves a Councillor’s

relationship with or a gift from another person, the:

(a) name of the other person;

(b) nature of the relationship with that other person or the date of
receipt, value and type of gift received from the other person; and

(c) nature of that other person’s interest in the matter,

and then immediately before the matter is considered at the meeting announcing to
those present that he or she has a conflict of interest and that a written notice has
been given to the Chief Executive Officer under this sub-Rule.

The Councillor must, in either event, leave the Council meeting immediately after giving the
explanation or making the announcement (as the case may be) and not return to the meeting
until after the matter has been disposed of.

4. Disclosure of Conflict of Interest at a Delegated Committee Meeting

A member of a Delegated Committee who has a conflict of interest in a matter being

considered at a Delegated Committee meeting at which he or she:
*At the time of making these Rules the date on which Division 1A of Part 4 of the Local Government Act 1989 is expected to be
repealed is 24 October 2020.

[8190878: 26812492_1] page 26

 4.1 is present must disclose that conflict of interest by explaining the nature of the
conflict of interest to those present at the Delegated Committee meeting
immediately before the matter is considered; or

4.2 intends to present must disclose that conflict of interest by providing to the Chief
Executive Officer before the Delegated Committee meeting commences a written
notice:

4.2.1 advising of the conflict of interest;

4.2.2 explaining the nature of the conflict of interest; and

4.2.3 detailing, if the nature of the conflict of interest involves a member of a

Delegated Committee’s relationship with or a gift from another person
the:

(a) name of the other person;

(b) nature of the relationship with that other person or the date of
receipt, value and type of gift received from the other person; and

4.2.4 nature of that other person’s interest in the matter,

and then immediately before the matter is considered at the meeting announcing to
those present that he or she has a conflict of interest and that a written notice has
been given to the Chief Executive Officer under this sub-Rule.

The member of a Delegated Committee must, in either event, leave the Delegated
Committee meeting immediately after giving the explanation or making the announcement
(as the case may be) and not return to the meeting until after the matter has been disposed
of.

5. Disclosure of a Conflict of Interest at a Community Asset Committee Meeting

A Councillor who has a conflict of interest in a matter being considered at a Community

Asset Committee meeting at which he or she:

5.1 is present must disclose that conflict of interest by explaining the nature of the
conflict of interest to those present at the Community Asset Committee meeting
immediately before the matter is considered; or

5.2 intends to present must disclose that conflict of interest by providing to the Chief
Executive Officer before the Community Asset Committee meeting commences a
written notice:

5.2.1 advising of the conflict of interest;

5.2.2 explaining the nature of the conflict of interest; and

5.2.3 detailing, if the nature of the conflict of interest involves a member of a

Councillor’s relationship with or a gift from another person the:

(a) name of the other person;

(b) nature of the relationship with that other person or the date of
receipt, value and type of gift received from the other person; and

5.2.4 nature of that other person’s interest in the matter,

[8190878: 26812492_1] page 27

 and then immediately before the matter is considered at the meeting announcing to
those present that he or she has a conflict of interest and that a written notice has
been given to the Chief Executive Officer under this sub-Rule.

The Councillor must, in either event, leave the Committee Asset Committee meeting
immediately after giving the explanation or making the announcement (as the case may be)
and not return to the meeting until after the matter has been disposed of.

6. Disclosure at a Meeting Conducted Under the Auspices of Council

A Councillor who has a conflict of interest in a matter being considered by a meeting held
under the auspices of Council at which he or she is present must:

6.1 disclose that conflict of interest by explaining the nature of the conflict of interest to
those present at the meeting immediately before the matter is considered;

6.2 absent himself or herself from any discussion of the matter; and

6.3 as soon as practicable after the meeting concludes provide to the Chief Executive
Officer a written notice recording that the disclosure was made and accurately
summarising the explanation given to those present at the meeting.

7. Disclosure by Members of Council Staff Preparing Reports for Meetings

7.1 A member of Council staff who, in his or her capacity as a member of Council staff, has a
conflict of interest in a matter in respect of which he or she is preparing or contributing to the
preparation of a Report for the consideration of a:

7.1.1 Council meeting;

7.1.2 Delegated Committee meeting;

7.1.3 Community Asset Committee meeting

must, immediately upon becoming aware of the conflict of interest, provide a written notice to
the Chief Executive Officer disclosing the conflict of interest and explaining the nature of the
conflict of interest.

7.2 The Chief Executive Officer must ensure that the Report referred to in sub-Rule 7.1 records
the fact that a member of Council staff disclosed a conflict of interest in the subject-matter of
the Report.

7.3 If the member of Council staff referred to in sub-Rule 7.1 is the Chief Executive Officer:

7.3.1 the written notice referred to in sub-Rule 7.1 must be given to the Mayor; and

7.3.2 the obligation imposed by sub-Rule 7.2 may be discharged by any other member
of Council staff responsible for the preparation of the Report.

8. Disclosure of Conflict of Interest by Members of Council Staff in the Exercise of

Delegated Power

8.1 A member of Council staff who has a conflict of interest in a matter requiring a decision to be
made by the member of Council staff as delegate must, immediately upon becoming aware
of the conflict of interest, provide a written notice to the Chief Executive Officer explaining the
nature of the conflict of interest.

[8190878: 26812492_1] page 28

8.2 If the member of Council staff referred to in sub-Rule 8.1 is the Chief Executive Officer the
written notice must be given to the Mayor.

9. Disclosure by a Member of Council Staff in the Exercise of a Statutory Function

9.1 A member of Council staff who has a conflict of interest in a matter requiring a statutory
function to be performed under an Act by the member of Council staff must, upon becoming
aware of the conflict of interest, immediately provide a written notice to the Chief Executive
Officer explaining the nature of the conflict of interest.

9.2 If the member of Council staff referred to in sub-Rule 9.1 is the Chief Executive Officer the
written notice must be given to the Mayor.

10. Retention of Written Notices

The Chief Executive Officer must retain all written notices received under this Chapter for a
period of three years.

[8190878: 26812492_1] page 29

 Chapter 6 – Miscellaneous

1. Informal Meetings of Councillors

If there is a meeting of Councillors that:

1.1 is scheduled or planned for the purpose of discussing the business of Council or
briefing Councillors;

1.2 is attended by at least one member of Council staff; and

1.3 is not a Council meeting, Delegated Committee meeting or Community Asset

Committee meeting

the Chief Executive Officer must ensure that a summary of the matters discussed at the
meeting are:

(a) tabled at the next convenient Council meeting; and

(b) recorded in the minutes of that Council meeting.

2. Confidential Information

2.1 If, after the repeal of section 77(2)(c) of the Local Government Act 1989, the Chief Executive
Officer is of the opinion that information relating to a meeting is confidential information
within the meaning of the Act, he or she may designate the information as confidential and
advise Councillors and/or members of Council staff in writing accordingly.

2.2 Information which has been designated by the Chief Executive Officer as confidential
information within the meaning of the Act, and in respect of which advice has been given to
Councillors and/or members of Council staff in writing accordingly, will be presumed to be
confidential information.

[8190878: 26812492_1] page 30

 Chapter 7 – Election Period Policy
[Election Period Policy to be included here]

[8190878: 26812492_1] page 31