710 Governance Administration and Finance Committee 8 December 2015 Adopted Report

710

Adopted Report of the

Governance Administration & Finance Committee Meeting

held

Tuesday 8 December 2015

at

9am

City of Gold Coast Council Chambers 135 Bundall Road, Surfers Paradise

710th Council Meeting 11 December 2015 2 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report

Index

Adopted Report

Governance Administration & Finance Committee Meeting

Tuesday 8 December 2015

Item Direct. File Page Subject

1 OS LG314/1211/15/083(P1) 5 Contract No. LG314/1211/15/083 Construction Of Pipelines At Merrimac West Sewerage Catchment

2 OS LG314/254/16/025(P1) 13 Contract No. LG314/254/16/025 - Stormwater Drainage Upgrades In Surf Street Mermaid Beach And Dowling Drive Southport

3 OS LG314/411/15/048(P1) 20 Contract No. LG314/411/15/048 - Supply Of Vending Machines To Various Locations

Closed Session

4 OS LG314/411/15/025(P1) 26 Contract No. LG314/411/15/025 - Provision Of Legal And Related Services

Open Session

5 OS PN323213/20/01(P1) 71 Proposed Site Development Compound - Part Of Lot 1 On SP171250 Being A Reserve For Park And Recreation Purposes Under Council's Control As Trustee - Jupiters Custodian Pty Ltd

6 OCEO LG115/1215/01/2015(P1) 79 Governance Administration And Finance Committee Action List And Forward Planning Schedule

7 OCEO LG964/171/01(P2) 80 Internal Audit Policy And Charter

8 OCEO LG964/171/02(P1) 107 Audit Committee Policy And Charter - 2015 Review

9 OCEO LG449/793/304/02(P9) 127 Review Of Chief Executive Officer Delegations Under S257(4) Local Government Act 2009 (Report Number 4)

10 OCEO LG115/1190/02/16/CF(P2) 159 Audit Committee Meeting – 23 November 2015

11 OCEO LG964/06/16/02/CF(P1) 169 Audit Committee Composition

KEY:

OCEO - Office of the Chief Executive Officer CI - City Infrastructure GCW - Gold Coast Water CS - Community Services OS - Organisational Services EDMP - Economic Development & Major Projects PE - Planning & Environment

710th Council Meeting 11 December 2015 3 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ADOPTED BY COUNCIL 11 DECEMBER 2015 RESOLUTION G15.1211.019 moved Cr Owen-Jones seconded Cr Bell That the Report of the Governance, Administration & Finance Committee Recommendations of Tuesday 8 December 2015, numbered GA15.1208.001 to GA15.1208.011, be adopted with the exception of:- Recommendation Number GA15.1208.004 which was specifically resolved.

CARRIED ATTENDANCE Cr W M A Owen-Jones (Chairperson) Cr G M Tozer Cr C M Caldwell Cr T C Gilmore Cr D M Crichlow Cr A J D Bell Cr G J Betts Visitor Cr P A Taylor Mr D R Dickson Chief Executive Officer Mr A J McCabe Chief Operating Officer Mr G Potter Director Organisational Services Mr P Morichovitis Chief Procurement Officer (part) Mr D Montgomery City Solicitor (part) Mr B Madden Manager City Property (part) APOLOGY / LEAVE OF ABSENCE Nil PRESENTATIONS Nil

710th Council Meeting 11 December 2015 4 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report The information below is extracted from the Procurement Policy and Guidelines. Refer to the Policy and Guidelines for complete details.

QUOTATIONS TO LOCAL BUSINESSES FOR CONTRACTS WORTH LESS THAN $200,000 (EXCLUDING GST)

If the best value pricing submission is not from a Gold Coast business or business with a branch office on the Gold Coast and there is a Gold Coast business or business with a branch office on the Gold Coast directly employing a minimum of 10 FTEs with a pricing submission within:

30 per cent of the best value pricing submission for quotations up to $50,000, 25 per cent of the best value pricing submission for quotations between $50,000 and

$100,000, 20 per cent of the best value pricing submission for quotations between $100,000 and

$200,000,

then the Gold Coast business or business with a branch office on the Gold Coast directly employing a minimum of 10 FTEs submission will be deemed to be more advantageous and this supplier chosen.

TENDERS FOR CONTRACTS WORTH MORE THAN $200,000 (EXCLUDING GST)

Local Content Scoring for Tenders Weighting % Score Description

15 100% 15 Developing or established Gold Coast business

15 80% 12 Branch office on the Gold Coast directly employing a minimum of 10 FTEs

15 60% 9 Branch office on the Gold Coast, established for a minimum of six months, directly employing less than 10 FTEs

15 27% 4 Adjacent local government (Logan, Scenic Rim, Redland or Tweed Shire) business

15 13% 2 Queensland business 15 7% 1 Interstate business 15 0% 0 Overseas business

Gold Coast Business Excellence Awards Scoring for Tenders Weighting % Score Description

2 100% 2 A winner of the Gold Coast Business Awards within the past 4 calendar years

2 50% 1 A finalist of the Gold Coast Business Awards within the past 4 calendar years

2 0% 0 All other businesses Where a tenderer has qualified for the Gold Coast Business Excellence Awards’ Hall of Fame and as a result is not eligible to enter the annual awards, this tenderer will score full points (i.e. 2 out of 2). TENDERS LEADING TO CONTRACTS WITH AN ANNUAL VALUE BETWEEN $200,000 AND $1,000,000 (EXCLUDING GST)

Council will provide a 15 per cent pricing advantage to Gold Coast businesses or businesses with a branch office on the Gold Coast directly employing a minimum of 10 FTEs.

710th Council Meeting 11 December 2015 5 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 1 ORGANISATIONAL SERVICES CONTRACT NO. LG314/1211/15/083 – CONSTRUCTION PIPELINES AT MERRIMAC WEST SEWERAGE CATCHMENT LG314/1211/15/083 1 BASIS FOR CONFIDENTIALITY Not applicable. 2 EXECUTIVE SUMMARY Not applicable. 3 PURPOSE OF REPORT This report seeks approval to establish contractual arrangement LG314/1211/15/083 for the construction of pipelines at Merrimac West Sewerage Catchment. 4 PREVIOUS RESOLUTIONS Not applicable. 5 DISCUSSION The Council of the City of Gold Coast (Council) requires a suitably experienced and resourced contractor for the construction of pipelines at Merrimac West Sewerage Catchment. The Merrimac West sewerage network requires upgrading to cater for growth, replacement of ageing infrastructure and to address environmental risks. Tenders were invited by advertising in the Gold Coast Bulletin, LG Tender Box and the City of Gold Coast website on 19 September 2015. The tender period closed on 16 October 2015. The following tenders were received.

Tenderers

1 AWD Civil Pty Ltd / ATF The Ward Family Trust

2 Aqua Infrastructure Pty Ltd

3 Christopher Contracting Pty Ltd ATF The Christopher Contracting Trust

4 Comdain Civil Constructions (QLD) Pty Ltd

5 Diona Pty Ltd

6 JFM Civil Contracting Pty Ltd

7 NTS Group Pty Ltd – Conforming Offer

8 NTS Group Pty Ltd – Alternative Offer

9 Rob Carr Pty Ltd – Conforming Offer

10 Rob Carr Pty Ltd – Alternative Offer

710th Council Meeting 11 December 2015 6 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 1 (Continued) CONTRACT NO. LG314/1211/15/083 – CONSTRUCTION PIPELINES AT MERRIMAC WEST SEWERAGE CATCHMENT LG314/1211/15/083 The tender process was considered to be sufficiently extensive to have attracted competitive interest from the market. The tenders were evaluated using a three gate evaluation process incorporating the evaluation criteria that formed part of the Invitation to Offer documents. Evaluations were undertaken by four officers of Council, attended by one observer and the result was reviewed and verified independently by an officer from within the Chief Procurement Office. The names of the evaluation team and the scoring matrix with assigned weightings are on file for reference. The first gate of the evaluation process considered the evaluation of the following specific mandatory criteria. Documented Work Health and Safety Management System. Documented Quality Assurance System. Documented Environmental Management System. Welding certification. The alternative offer received from Rob Carr Pty Ltd was, in accordance with the Conditions of Offer, not further evaluated due to the alternative pipe selection not meeting the technical specification. The first gate of the evaluation process found all other offers to be conforming to the mandatory requirements of Council’s Invitation to Offer documents. The second gate of the evaluation process considered the evaluation of the following scoring criteria and determined those suppliers deemed capable of meeting Council’s requirements. Relevant experience. Key personnel and resources. Program and methodology. Technical products. Local Business and Industry. Gold Coast Business Excellence Awards. The resultant aggregated scores were as follows.

710th Council Meeting 11 December 2015 7 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 1 (Continued) CONTRACT NO. LG314/1211/15/083 – CONSTRUCTION PIPELINES AT MERRIMAC WEST SEWERAGE CATCHMENT LG314/1211/15/083

Tenderers

Evaluation Score

(without Local

Content)

Local Business

and Industry

Gold Coast

Business Awards

Evaluation Score

(with Local Content)

(out of 83) (out of 15) (out of 2) (out of 100%)


59 15 0 74%


62 12 0 74%

3 JFM Civil Contracting Pty Ltd 56 15 0 71%

4 Rob Carr Pty Ltd 51 12 0 63%

5 NTS Group Pty Ltd – Conforming Offer

42 15 1 58%

6 NTS Group Pty Ltd – Alternative Offer

42 15 1 58%

7 Diona Pty Ltd 42 12 0 54%

8 AWD Civil Pty Ltd / ATF The Ward Family Trust

30 4 0 34%

9 Aqua Infrastructure Pty Ltd 19 15 0 34%

The first four tenderers scored sufficiently in the evaluation for their capability and were determined as suppliers capable of meeting Council’s requirements. As a result, these tenderers were moved through to the third evaluation gate. The third gate of the evaluation process considered the value for money of those tenderers who are considered capable, based on the total tendered amount. The total amounts received are listed below.

Tenderers

Local Business

and Industry

Gold Coast

Business Awards

Total Amount (excl. GST)

1 Rob Carr Pty Ltd 12 0 $ 10,640,940.12

2 JFM Civil Contracting Pty Ltd 15 0 $ 13,193,205.00


12 0 $ 14,625,436.20


15 0 $ 18,770,000.00

Council’s estimate was: $ 18,730,000.00

710th Council Meeting 11 December 2015 8 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 1 (Continued) CONTRACT NO. LG314/1211/15/083 – CONSTRUCTION PIPELINES AT MERRIMAC WEST SEWERAGE CATCHMENT LG314/1211/15/083 The lowest priced tenderer is considered capable of undertaking the works and reflect the tenders most advantageous to Council. Rob Carr Pty Ltd has satisfied the evaluation team of its clear understanding of the scope of work, that this is not at variance with the requirements of the invitation to offer document and has also satisfied the evaluation team as to their ability to complete this contract in addition to their current contractual commitments and the work to be undertaken under contract LG314/254/16/025, the subject of a separate recommendation to Council. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN

The project is aligned with the following theme, outcome and signature action of the City Vision and Gold Coast 2020. Theme 2 – Prosperity built on a strong diverse economy

Outcomes: What we want to see by 2020 2.3 We have infrastructure that supports productivity and growth We have connected and vibrant economic precincts.

Supporting the Delivery of Gold Coast 2020

B We manage the city responsibly Signature actions: Key programs of work

Manage the maintenance, renewal and delivery infrastructure for the city through the Total Asset Management Plan and the Capital Works program.

8 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations Not applicable. Costs for Capital Works and Service Proposals If the offer of Rob Carr Pty Ltd is accepted for this contract, the total allocation required for this work is summarised as follows. Item Estimate

(excl. GST)

Contract Cost $ 10,640,940.12

Contract Cost: $ 10,640,940.12

Internal Costs

Project Management $ 233,659.88

QLeave $ 100,000.00

Contract Administration $ 231,200.00

Indirect Project Administration $ 508,000.00

Contract Superintendency $ 100,000.00

710th Council Meeting 11 December 2015 9 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 1 (Continued) CONTRACT NO. LG314/1211/15/083 – CONSTRUCTION PIPELINES AT MERRIMAC WEST SEWERAGE CATCHMENT LG314/1211/15/083 Item Estimate

(excl. GST)

Procurement $ 20,000.00

Day Labour (Shutdowns and Tankering) $ 80,000.00

Fees and Approvals $ 36,200.00

Contingency $ 500,000.00

Design Consultancy (Public consultations/inquiries, Investigations/Non briefed work)

$ 50,000.00

Total Costs: $12,500,000.00

The amount approved in the Four Year Capital Works Program by Service 2015-16 to 2018-19 (adopted 16 June 2015) budget document, as amended under the September Budget Review for the Merrimac West Sewer Augmentation program is as follows. Financial Year

Budget/ Cost Centre

WBS Description Current Approved Program Budget

(excl. GST)

Amended Program Budget

(excl. GST)

2015-16 1010159 70425 Merrimac West Sewer $ 13,500,000 $7,500,000

2016-17 1010159 70425 Merrimac West Sewer $ 17,169,000 $23,318,750

Total Funding Available: $ 30,669,000 $30,818,750 The total estimated contract cost including contingencies is less than the approved budget amount. This contract is to be awarded as a lump sum contract with payments to be made based on Schedule of Quantities and Prices. In accordance with the budget review guidelines the following circumstances require referral to the Special Budget Committee Not applicable. People and Culture No extra staff will be required for this project. 9 RISK MANAGEMENT The project risks have been identified and relevant mitigation measures applied. The risk assessment is on file for reference.

710th Council Meeting 11 December 2015 10 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 1 (Continued) CONTRACT NO. LG314/1211/15/083 – CONSTRUCTION PIPELINES AT MERRIMAC WEST SEWERAGE CATCHMENT LG314/1211/15/083 10 STATUTORY MATTERS The tender process has been carried out in accordance with the Local Government Regulation 2012 which requires adherence to sound contracting principles. These principles are defined in Section 104(3) of the Local Government Act 2009 and are as follows. Value for money. Open and effective competition. The development of competitive local business and industry. Environmental protection. Ethical behaviour and fair dealing. These principles form part of the Invitation to Offer process and are reinforced within the evaluation criteria as appropriate. 11 COUNCIL POLICIES The tender process has been carried out in accordance with the requirements of Council’s Procurement Policy and Standards. 12 DELEGATIONS Not applicable. 13 COORDINATION & CONSULTATION The following internal and external stakeholders have been involved / participated in the proposal to date. Name and/or Title of the Stakeholder Consulted

Directorate or Organisation

Is the Stakeholder Satisfied With Content of Report and Recommendations

Executive Coordinator Source to Contract

Organisational Services Yes

Source to Contract Coordinator - Jodie Maloney


Director Gold Coast Water Gold Coast Water Yes Manager Asset Solutions Gold Coast Water Yes Executive Coordinator Project Specification and Delivery - Alistair Greenwood

Gold Coast Water Yes

Senior Project Manager - Mark Herrmann


Project Manager - Santhi Ratnarajah


Right to Information (RTI) and Information Privacy (IP) Legislation 2009 Not applicable.

710th Council Meeting 11 December 2015 11 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 1 (Continued) CONTRACT NO. LG314/1211/15/083 – CONSTRUCTION PIPELINES AT MERRIMAC WEST SEWERAGE CATCHMENT LG314/1211/15/083 14 STAKEHOLDER IMPACTS External / community stakeholder Impacts While some adverse impacts are anticipated with the undertaking of this work, these will be offset by benefits which include increased efficiency via the upgraded pipelines to cater for growth in population. External stakeholders such as adjacent business and residents will be notified in advance before commencement of works.

Internal (Organisational) Stakeholder Impacts Not applicable. 15 TIMING The anticipated contract start date is two weeks after approval by Council. 16 CONCLUSION The recommended tenderer is experienced in the type of work to be undertaken. The evaluation of the tenders received indicates that the tender submitted by Rob Carr Pty Ltd is the one most advantageous to Council and should be recommended for acceptance. 17 RECOMMENDATION It is recommended that Council resolves as follows: 1 That Council accepts the Lump Sum tender submitted by Rob Carr Pty Ltd for the total

amount of $ 10,640,940.12 (excl GST), without rise and fall, in respect of Contract No. LG314/1211/15/083 for Construction of Pipelines at Merrimac West Sewerage Catchment.

2 That it be noted that the contract will require funding over two financial years. A budget has been approved for the current financial year and funds are available in the Water and Sewerage Infrastructure Reserve to cover funding required for the 2016-17 financial year.

Author: Authorised by:

Amanda Flynn Glen Potter Procurement Contracts Officer Director Organisational Services 18 November 2015

TRACKS REF: #51902235

710th Council Meeting 11 December 2015 12 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 1 (Continued) CONTRACT NO. LG314/1211/15/083 – CONSTRUCTION PIPELINES AT MERRIMAC WEST SEWERAGE CATCHMENT LG314/1211/15/083 COMMITTEE RECOMMENDATION GA15.1208.001 moved Cr Tozer seconded Cr Gilmore 1 That Council accepts the Lump Sum tender submitted by Rob Carr Pty Ltd for

the total amount of $ 10,640,940.12 (excl GST), without rise and fall, in respect of Contract No. LG314/1211/15/083 for Construction of Pipelines at Merrimac West Sewerage Catchment.

2 That it be noted that the contract will require funding over two financial years. A budget has been approved for the current financial year and funds are available in the Water and Sewerage Infrastructure Reserve to cover funding required for the 2016-17 financial year.

CARRIED

710th Council Meeting 11 December 2015 13 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 2 ORGANISATIONAL SERVICES CONTRACT NO. LG314/254/16/025 – STORMWATER DRAINAGE UPGRADES IN SURF STREET MERMAID BEACH AND DOWLING DRIVE SOUTHPORT LG314/254/16/025(P1) 1 BASIS FOR CONFIDENTIALITY

Not applicable. 2 EXECUTIVE SUMMARY

Not applicable. 3 PURPOSE OF REPORT

This report seeks approval to establish contractual arrangement LG314/254/16/025 for stormwater drainage upgrades at Surf Street, Mermaid Beach and Dowling Drive, Southport. 4 PREVIOUS RESOLUTIONS

Not applicable. 5 DISCUSSION The Council of the City of Gold Coast’s (Council) City requires a suitably experienced and resourced contractor to undertake upgrades to stormwater drainage infrastructure at Surf Street, Mermaid Beach and Dowling Drive, Southport. Tenders were invited by advertising in the Gold Coast Bulletin, LG Tender Box and the City of Gold Coast websites on 10 October 2015. The tender period closed on 11 November 2015. The following tenders were received.

Tenderers

1 Rob Carr Pty Ltd

2 Rob Carr Pty Ltd (Alternative offer)

3 Christopher Contracting Pty Ltd

4 Tunnelcorp Pty Ltd

5 Tunnelcorp Pty Ltd (Alternative offer)

As the work involved is highly specialised, a limited response was anticipated from the market. The tenders were evaluated using a three gate evaluation process incorporating the evaluation criteria that formed part of the Invitation to Offer documents. Evaluations were undertaken by three officers of Council and the result was reviewed and verified independently by an officer from within the Chief Procurement Office. The names of the evaluation team and the scoring matrix with assigned weightings are on file for reference. The first gate of the evaluation process considered the evaluation of the following specific mandatory criteria.

710th Council Meeting 11 December 2015 14 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 2 (Continued) CONTRACT NO. LG314/254/16/025 – STORMWATER DRAINAGE UPGRADES IN SURF STREET MERMAID BEACH AND DOWLING DRIVE SOUTHPORT LG314/254/16/025(P1) Documented Work Health and Safety Management System. Documented Environmental Management System.

The first gate of the evaluation process found all offers to be conforming to the mandatory requirements of Council’s Invitation to Offer documents. The second gate of the evaluation process considered the evaluation of the following scoring criteria and determined those suppliers deemed capable of meeting Council’s requirements. Relevant experience. Technical product information. Program. Methodology. Local Business and Industry. Gold Coast Business Excellence Awards. The resultant aggregated scores are as follows.

Tenderers

Evaluation Score

(without Local

Content)

Local Business

and Industry

Gold Coast

Business Awards

Evaluation Score



1 Rob Carr Pty Ltd 69 12 0 81%

2 Rob Carr Pty Ltd

(Alternative offer) 69 12 0 81%

3 Christopher Contracting Pty Ltd 51 15 0 66%

4 Tunnelcorp Pty Ltd 26 15 0 41%

5 Tunnelcorp Pty Ltd

(Alternative offer) 26 15 0 41%

The first three tenderers scored sufficiently in the evaluation of their capability and were determined as suppliers capable of meeting Council’s requirements. As a result, these tenderers were moved through to the third evaluation gate. The third gate of the evaluation process considered the value for money for those tenderers who are considered capable, based on the total tendered amount. The total amounts received are listed below.

710th Council Meeting 11 December 2015 15 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 2 (Continued) CONTRACT NO. LG314/254/16/025 – STORMWATER DRAINAGE UPGRADES IN SURF STREET MERMAID BEACH AND DOWLING DRIVE SOUTHPORT LG314/254/16/025(P1)

Tenderers

Local Business

and Industry

Gold Coast

Business Awards

Total Amount (excl. GST)

1 Rob Carr Pty Ltd

(Alternative offer) 12 0 $ 5,760,302.48

2 Rob Carr Pty Ltd 12 0 $ 6,490,302.48

3 Christopher Contracting Pty Ltd 15 0 $ 11,028,494.00

Council’s estimate was: $ 7,279,900.00

The lowest priced tenderer is considered capable of undertaking the works and reflects the tender most advantageous to Council. Rob Carr Pty Ltd has satisfied the evaluation team of their clear understanding of the scope of work, that this is not at variance with the requirements of the Invitation to Offer document and has also satisfied the evaluation team as to their ability to complete this contract in addition to their current contractual commitments. The alternative offer of Rob Carr Pty Ltd entails alternative concrete pipe culvert products which meets the requirements of the Invitation to Offer. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN The project is aligned with the following theme, outcome and signature action of the City Vision and Gold Coast 2020. Theme 1 – The best place to live and visit Outcomes: What we want to see by 2020

1.5 Our city provides a choice of liveable places We can choose diverse lifestyle and housing options from rural to city living.

Signature actions: Key programs of work Plan for appropriate community infrastructure and facilities for residents across the city.

7 COMMONWEALTH GAMES IMPACT Not applicable. 8 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations Not applicable. Costs for Capital Works and Service Proposals If the offer of Rob Carr Pty Ltd is accepted for this contract, the total allocation required for this work is summarised as follows.

710th Council Meeting 11 December 2015 16 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 2 (Continued) CONTRACT NO. LG314/254/16/025 – STORMWATER DRAINAGE UPGRADES IN SURF STREET MERMAID BEACH AND DOWLING DRIVE SOUTHPORT LG314/254/16/025(P1) This project is considered high risk due to the unknown subgrade conditions within the pipe jacking alignment. Subsoil investigations have been performed at selected intervals however this cannot confirm there are no foreign objects along the pipe alignment. In the unlikely event that the pipe jacking head becomes stuck, financial variations can be expected as there is potential the jacking head could require excavation to remove the foreign material blocking its path. City Infrastructure considers it sound risk management to keep higher than usual contingency moneys to cover any unknown construction problems. Item Estimate

(excl. GST)

Contract Cost: $ 5,760,302.48

Internal Costs

Project management $92,000.00

Investigations/non briefed work $35,000.00

In house design, supervision and mapping $25,000.00

Survey services $18,400.00

Procurement $10,000.00

Locating utilities and underground services $28,400.00

Contract administration $5,500.00

Project contingency amount $800,000.00

Contract superintendency $65,000.00

Fees and approvals $36,400.00

Project planning and scheduling $10,000.00

Total Costs: $ 6,886.002.48

The amount approved in the Four Year Capital Works Program by Service 2015-16 to 2018-19 (adopted 16 June 2015) budget document, as amended by (G15.0626.004) for this project is as follows. Financial Year

Cost Centre

WBS Description Estimate (excl. GST)

2015-16 1000961 02854 Dowling Drive $ 2,480,800

2015-16 1000961 04023 Surf Street $ 3,635,000

Total Funding Available: $ 6,115,800 The remaining required funds will be requested as part of the 2016-17 budget allocation for stormwater drainage upgrades. This contract is to be awarded as a lump sum contract with payments to be made based on Schedule of Quantities and Prices. For the purposes of obtaining competitive offers and evaluating these equitably, estimates were provided based on the actual quantum of work required.

710th Council Meeting 11 December 2015 17 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 2 (Continued) CONTRACT NO. LG314/254/16/025 – STORMWATER DRAINAGE UPGRADES IN SURF STREET MERMAID BEACH AND DOWLING DRIVE SOUTHPORT LG314/254/16/025(P1) In accordance with the budget review guidelines the following circumstances require referral to the Special Budget Committee Not applicable. People and Culture No extra staff will be required for this project. 9 RISK MANAGEMENT The project risks have been identified and relevant mitigation measures applied. The risk assessment is on file for reference. This project is considered high risk due to the unknown subgrade conditions within the pipe jacking alignment. Subsoil investigations have been performed at selected intervals however this cannot confirm there are no foreign objects along the pipe alignment. In the unlikely event that the pipe jacking head becomes stuck, financial variations can be expected as there is potential the jacking head could require excavation to remove the foreign material blocking its path. City Infrastructure considers it sound risk management to keep higher than usual contingency moneys to cover any unknown construction problems. 10 STATUTORY MATTERS The tender process has been carried out in accordance with the Local Government Regulation 2012 which requires adherence to sound contracting principles. These principles are defined in Section 104(3) of the Local Government Act 2009 and are as follows. Value for money. Open and effective competition. The development of competitive local business and industry. Environmental protection. Ethical behaviour and fair dealing. These principles form part of the Invitation to Offer process and are reinforced within the evaluation criteria as appropriate. 11 COUNCIL POLICIES The tender process has been carried out in accordance with the requirements of Council’s Procurement Policy and Standards. 12 DELEGATIONS Not applicable. 13 COORDINATION & CONSULTATION The following internal and external stakeholders have been involved / participated in the proposal to date.

710th Council Meeting 11 December 2015 18 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 2 (Continued) CONTRACT NO. LG314/254/16/025 – STORMWATER DRAINAGE UPGRADES IN SURF STREET MERMAID BEACH AND DOWLING DRIVE SOUTHPORT LG314/254/16/025(P1) Name and/or Title of the Stakeholder Consulted





Source to Contract Coordinator - Jodie Maloney


Director City Infrastructure City Infrastructure Consulted Manager Assets City Infrastructure Yes Coordinator Stormwater - Sharon Fong

City Infrastructure Yes

Project Manager - Rohan Nancarrow

City Infrastructure Yes

Contracts Support Officer - Nicole Merryfull



14 STAKEHOLDER IMPACTS External / community stakeholder Impacts The following perceived external / community stakeholder impacts have been considered and have been addressed. Road closures.

Internal (Organisational) Stakeholder Impacts Not applicable. 15 TIMING The anticipated contract start date is 4 January 2016. 16 CONCLUSION The recommended tenderer is experienced in the type of work to be undertaken. The evaluation of the tenders received indicates that the alternative tender submitted by Rob Carr Pty Ltd is the one most advantageous to Council and should be recommended for acceptance.

710th Council Meeting 11 December 2015 19 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 2 (Continued) CONTRACT NO. LG314/254/16/025 – STORMWATER DRAINAGE UPGRADES IN SURF STREET MERMAID BEACH AND DOWLING DRIVE SOUTHPORT LG314/254/16/025(P1) 17 RECOMMENDATION It is recommended that Council resolves as follows: 1 That Council accepts the Lump Sum alternative tender submitted by Rob Carr Pty Ltd

for the total amount of $5,760,302.48 (excluding GST), without rise and fall, in respect of Contract No. LG314/254/16/025 for Stormwater Drainage Upgrades at Surf Street Mermaid Beach and Dowling Drive Southport.

2 A budget of $6,115,800 has been approved for this project for this financial year and the remaining required non-recurrent funds will be requested as part of the 2016-17 budget allocation for stormwater drainage. Funding is allocated from within Budget Centre CI2520C004.


Matthew Farrow Glen Potter Senior Procurement Officer Director Organisational Services 18 November 2015

52051634 COMMITTEE RECOMMENDATION GA15.1208.002 moved Cr Tozer seconded Cr Caldwell 1 That Council accepts the Lump Sum alternative tender submitted by Rob Carr

Pty Ltd for the total amount of $5,760,302.48 (excluding GST), without rise and fall, in respect of Contract No. LG314/254/16/025 for Stormwater Drainage Upgrades at Surf Street Mermaid Beach and Dowling Drive Southport.

2 A budget of $6,115,800 has been approved for this project for this financial year and the remaining required non-recurrent funds will be requested as part of the 2016-17 budget allocation for stormwater drainage. Funding is allocated from within Budget Centre CI2520C004.

CARRIED

710th Council Meeting 11 December 2015 20 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 3 ORGANISATIONAL SERVICES CONTRACT NO. LG314/411/15/048 – SUPPLY OF VENDING MACHINES TO VARIOUS LOCATIONS LG314/411/15/048(P1) 1 BASIS FOR CONFIDENTIALITY

Not applicable. 2 EXECUTIVE SUMMARY

Not applicable. 3 PURPOSE OF REPORT This report seeks approval to establish a revenue contract for the supply of vending machines to various locations across the City for a period of three years with two by one year extension options. 4 PREVIOUS RESOLUTIONS Not applicable. 5 DISCUSSION The Council of the City of Gold Coast (Council) requires the supply of vending machines to Council Administration Buildings, Community Centres and at the Carrara Indoor Stadium. These services provide employees and the wider community the opportunity to purchase cold beverages, confectionery, snacks and health foods. Council had an existing contract in place for the supply of vending machines to Council Administration Buildings with Coca-Cola Amatil (Aust) Pty Ltd and Provender Australia Pty Ltd which has expired. Council has determined that the most advantageous and operationally suitable method of delivering this service is to establish a revenue contract. Quotations were invited from potential suppliers on 10 September 2015. The quotation period closed on 25 September 2015. The quotation allowed for alternative pricing options for Council to consider.

The following offers were received:

Offerors

1 Coca-Cola Amatil (Aust) Pty Ltd

2 Usher, Matthew t/a Gold Coast Vending

3 Provender Australia Pty Limited

4 Strajtmann, Guillaume Alain

5 The Smith’s Snackfood Company Limited

710th Council Meeting 11 December 2015 21 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 3 (Continued) CONTRACT NO. LG314/411/15/048 – SUPPLY OF VENDING MACHINES TO VARIOUS LOCATIONS LG314/411/15/048(P1) The offers were evaluated using a three gate evaluation process incorporating the evaluation criteria that formed part of the Invitation to Offer documents. Evaluations were undertaken by three officers of Council, attended by one observer and the result was reviewed and verified independently by an officer from within the Chief Procurement Office. The names of the evaluation team and the scoring matrix with assigned weightings are on file for reference. The first gate of the evaluation process found all offers to be conforming to the requirements of Council’s Invitation to Offer documents. The second gate of the evaluation process considered the evaluation of the following scoring criteria and determined those suppliers deemed capable of meeting Council’s requirements.

Relevant experience. Reporting skills and ability. Customer service / restocking qualities. Proposed list of products and item pricing. Commission structure. Local Business and Industry. Gold Coast Business Excellence Awards. The resultant aggregated scores were as follows.

Offerors

Evaluation Score

(without Local

Content)

Local Business

and Industry

Gold Coast

Business Awards

Evaluation Score



1 Provender Australia Pty Limited – Option 1

66% 9% 0% 75%

2 Provender Australia Pty Limited – Option 2

65% 9% 0% 74%

3 Strajtmann, Guillaume Alain 59% 15% 0% 74%

4 Coca-Cola Amatil (Aust) Pty Ltd 56% 12% 0% 68%

5 The Smith’s Snackfood Company Limited

56% 9% 0% 65%

6 Usher, Matthew t/a Gold Coast Vending

37% 15% 0% 52%

All of the offerors scored sufficiently in the evaluation of their capability and were deemed as suppliers capable of meeting Council’s requirements. As a result all offerors were moved through to the third evaluation gate. The third gate of the evaluation process considered the value for money of those offerors who are considered capable. Using a list of standard items, offerors were ranked in order of cheapest cost to the customer and then in order of highest commission received to Council.

710th Council Meeting 11 December 2015 22 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 3 (Continued) CONTRACT NO. LG314/411/15/048 – SUPPLY OF VENDING MACHINES TO VARIOUS LOCATIONS LG314/411/15/048(P1) Overall value for money was determined by adding the two ranking scores and the lowest overall score was deemed as the most advantageous to Council. Cost to Customer

Total Cost per year Rank for

Customer Cost

Usher, Matthew t/a Gold Coast Vending $ 34,375 1 Strajtmann, Guillaume Alain $ 40,312 2 The Smith’s Snackfood Company Limited $ 45,625 3 Provender Australia Pty Limited – Option 2 $ 45,625 3 Coca-Cola Amatil (Aust) Pty Ltd $ 47,188 5

Provender Australia Pty Limited – Option 1 $ 48,750 6

Commission Received by Council

Total Commission per year

Rank for Commission

Provender Australia Pty Limited – Option 1 $ 9,750 1

Strajtmann, Guillaume Alain $ 8,465 2 The Smith’s Snackfood Company Limited $ 6,843 3 Coca-Cola Amatil (Aust) Pty Ltd $ 4,719 4 Provender Australia Pty Limited – Option 2 $ 3,750 5 Usher, Matthew t/a Gold Coast Vending $ 3,438 6

Value for Money

Rank for Cost to Customer

Rank for Commission

Sum of Ranks

Strajtmann, Guillaume Alain 2 2 4 The Smith’s Snackfood Company Limited 3 3 6 Usher, Matthew t/a Gold Coast Vending 1 6 7 Provender Australia Pty Limited – Option 1 6 1 7 Provender Australia Pty Limited – Option 2 3 5 8 Coca-Cola Amatil (Aust) Pty Ltd 5 4 9

The Offeror ranked first overall for value for money is considered capable of undertaking the works and reflects the offer most advantageous to Council. Strajtmann, Guillaume Alain has satisfied the evaluation team of their clear understanding of the scope of work, that this is not at variance with the requirements of the Invitation to Offer document and has also satisfied the evaluation team as to their ability to complete this contract in addition to their current contractual commitments. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN The project is aligned with the following theme, outcome and signature action of the City Vision and Gold Coast 2020.

710th Council Meeting 11 December 2015 23 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 3 (Continued) CONTRACT NO. LG314/411/15/048 – SUPPLY OF VENDING MACHINES TO VARIOUS LOCATIONS LG314/411/15/048(P1) Theme 1 – The best place to live and visit Outcomes: What we want to see by 2020

1.1 Our city provides a choice of liveable places We can choose diverse lifestyle and housing options from rural to city living.

Signature actions: Key programs of work

Plan for appropriate community infrastructure and facilities for residents across the city.

7 COMMONWEALTH GAMES IMPACT

The contract allows, if and when requested to do so by the Gold Coast 2018 Commonwealth Games Corporation (GOLDOC), that the Contractor must remove all vending machines for the Gold Coast 2018 Commonwealth Games period. 8 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations The estimated total revenue over the contract period is forecast to be $25,395 to be allocated to Responsibility Centres OS6930 In-house Canteen and Catering, CS4760 Community Centres and CS4770 Major Sporting Facilities cost centres as shown below. Budget/ Cost Centre

Description Revenue Forecast (excl. GST)

1001650 Nerang Canteen Internal Catering

1003837 Helensvale Community Youth Centre

1004799 Nerang Bicentennial Operations

1003828 Ormeau CYC Opex

1004804 Robina Community Centre Operations

1004802 Southport Community Centre Operations

1004821 Client Svs Carrara SC Catering

Total forecast revenue for 3 years: $25,395 Costs for Capital Works and Service Proposals Not applicable. People and Culture No extra staff will be required for this project. 9 RISK MANAGEMENT The project risks have been identified and relevant mitigation measures applied. The risk assessment is on file for reference.

710th Council Meeting 11 December 2015 24 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 3 (Continued) CONTRACT NO. LG314/411/15/048 – SUPPLY OF VENDING MACHINES TO VARIOUS LOCATIONS LG314/411/15/048(P1) 10 STATUTORY MATTERS The quotation process has been carried out in accordance with the Local Government Regulation 2012 which requires adherence to sound contracting principles. These principles are defined in Section 104(3) of the Local Government Act 2009 and are as follows. Value for money. Open and effective competition. The development of competitive local business and industry. Environmental protection. Ethical behaviour and fair dealing. These principles form part of the Invitation to Offer process and are reinforced within the evaluation criteria as appropriate. 11 COUNCIL POLICIES The quotation process has been carried out in accordance with the requirements of Council’s Procurement Policy and Standards. 12 DELEGATIONS Not applicable. 13 COORDINATION & CONSULTATION The following internal and external stakeholders have been involved / participated in the proposal to date. Name and/or Title of the Stakeholder Consulted



Executive Coordinator Facilities Management




Facilities Administration Supervisor

Organisational Services Consulted only

Supervisor Business Support

Organisational Services Consulted only

Senior Project Officer Community Facilities

Community Services Consulted only

Major Sport Venues Supervisor

Community Services Consulted only

Acting Source to Contract Coordinator - D Clifton



710th Council Meeting 11 December 2015 25 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 3 (Continued) CONTRACT NO. LG314/411/15/048 – SUPPLY OF VENDING MACHINES TO VARIOUS LOCATIONS LG314/411/15/048(P1) 14 STAKEHOLDER IMPACTS External / community stakeholder Impacts No adverse impacts are expected to be experienced by external / community stakeholders during the undertaking of this work. Benefits include revenue generation for Council. Internal (Organisational) Stakeholder Impacts Not applicable. 15 TIMING The anticipated contract start date is two weeks after approval by Council. 16 CONCLUSION The recommended offeror is experienced in the type of work to be undertaken. The evaluation of the quotations received indicates that the offer submitted by Strajtmann, Guillaume Alain is the one most advantageous to Council and should be recommended for acceptance for a period of three years with two by one year extension options. 17 RECOMMENDATION It is recommended that Council resolves as follows: 1 That Council accepts the offer submitted by Strajtmann, Guillaume Alain for the

estimated revenue amount of $25,395 (excl GST) in respect of Contract No. LG314/411/15/048 for the supply of vending machines to various locations for three years with two by one year extension options.

2 That it be noted that revenue collected under this contract will be allocated to Responsibility Centres OS6930 In-house Canteen and Catering, CS4760 Community Centres and CS4770 Major Sporting Facilities.


Kate Wilson Glen Potter Procurement Contracts Officer Director Organisational Services 28 October 2015

TRACKS REF: 51932036 COMMITTEE RECOMMENDATION GA15.1208.003 moved Cr Crichlow seconded Cr Owen-Jones 1 That Council accepts the offer submitted by Strajtmann, Guillaume Alain for the

estimated revenue amount of $25,395 (excl GST) in respect of Contract No. LG314/411/15/048 for the supply of vending machines to various locations for three years with two by one year extension options.

2 That it be noted that revenue collected under this contract will be allocated to Responsibility Centres OS6930 In-house Canteen and Catering, CS4760 Community Centres and CS4770 Major Sporting Facilities.

CARRIED

710th Council Meeting 11 December 2015 26 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 4 ORGANISATIONAL SERVICES CONTRACT NO. LG314/411/15/025 – PROVISION OF LEGAL AND RELATED SERVICES LG314/411/15/025(P1) Refer Attachment 1 – Tenders Received. Refer Confidential Attachment 2 – Gate 2 Evaluation Scores. 1 BASIS FOR CONFIDENTIALITY 1.1 I recommend that Attachment 2 to this report, should it be required to be discussed,

be discussed in closed session pursuant to section 275(1)(h) of the Local Government Regulation 2012 for the reason that the matter involves business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.

1.2 I recommend that Attachment 2 to this report be deemed a confidential document and be treated as such in accordance with sections 171(3) and 200(5) of the Local Government Act 2009 and that the document remain confidential unless Council decides otherwise by resolution.

2 EXECUTIVE SUMMARY

Not applicable. 3 PURPOSE OF REPORT This report seeks approval to establish contractual arrangement LG314/411/15/025 to provide legal and related services for a period of five years with three by one year extension options. 4 PREVIOUS RESOLUTIONS Not applicable. 5 DISCUSSION The Council of the City of Gold Coast (Council) has an ongoing requirement for external legal and related services. The City maintains an in-house Legal Services Branch under the direction of the City Solicitor and self-insures for both worker’s compensation and its general business insurances. While the in-house officers perform much of the City’s operational legal work, there remains an ongoing need to engage external providers to perform the litigious and complex commercial, contractual and advisory work as required. Council has an existing contract in place for legal services with numerous suppliers which is due to expire on 15 January 2016. Tenders were invited by advertising in the Gold Coast Bulletin, The Courier Mail, LG Tender Box and the City of Gold Coast websites on 12 September 2015. The tender period closed on 12 October 2015. The tender comprised ten separable portions as follows. Separable Portion A: Planning and Environment. Separable Portion B: Commercial and Corporate. Separable Portion C: Property. Separable Portion D: Employment, Workplace Relations and Work Health and Safety. Separable Portion E: Regulatory/General Prosecutions. Separable Portion F: Administrative Law and Governance. Separable Portion G: Construction Law and Infrastructure Projects.

710th Council Meeting 11 December 2015 27 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 4 (Continued) CONTRACT NO. LG314/411/15/025 – PROVISION OF LEGAL AND RELATED SERVICES LG314/411/15/025(P1) Separable Portion H: Insurance. Separable Portion I: Dispute Resolution and General Litigation. Separable Portion J: Factual Investigative Work and/or Transcription Services.

Attachment 1 details the tenders received. The tender process was considered to be sufficiently extensive to have attracted competitive interest from the market. The tenders were evaluated using a two gate evaluation process incorporating the evaluation criteria that formed part of the Invitation to Offer documents. Evaluations were undertaken by five officers of Council and the result was reviewed and verified independently by an officer from within the Chief Procurement Office. The names of the evaluation team and the scoring matrix with assigned weightings are on file for reference. The first gate of the evaluation process considered the evaluation of the following specific mandatory criteria. Client Relationship Manager admitted to practice law for a minimum of three years (for

Separable Portions A to I). Unrestricted Queensland Security Provider Individual – Class 1 Licence, or exemption

(for Separable Portion J).

The first gate of the evaluation process found all offers to be conforming to the mandatory requirements of Council’s Invitation to Offer documents. Gate 2 of the evaluation process comprised a mix of:

80% capability criteria: customer service key personnel experience additional services expertise social benefit Local Business and Industry Gold Coast Business Excellence Awards

20% price/value for money criteria: evaluation of tendered rates value for money assessment

The resultant aggregated scores are provided as Confidential Attachment 2. Due to the specialist nature of the services required and the present and anticipated future demand for the provision of legal and related services it is necessary that each separable portion has multiple suppliers appointed who are available to be called on to meet varying requirements, periods of demand, and to avoid conflicts of interest. For Separable Portion A: Planning and Environment, the nine highest scoring tenderers are recommended for contract award. For Separable Portion B: Commercial and Corporate, the 10 highest scoring tenderers are recommended for contract award.

710th Council Meeting 11 December 2015 28 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 4 (Continued) CONTRACT NO. LG314/411/15/025 – PROVISION OF LEGAL AND RELATED SERVICES LG314/411/15/025(P1) For Separable Portion C: Property, the nine highest scoring tenderers are recommended for contract award. For Separable Portion D: Employment, Workplace Relations and Work Health and Safety, the five highest scoring tenderers are recommended for contract award. For Separable Portion E: Regulatory/General Prosecutions, the eight highest scoring tenderers are recommended for contract award. For Separable Portion F: Administrative Law and Governance, the four highest scoring tenderers are recommended for contract award. For Separable Portion G: Construction Law and Infrastructure Projects the six highest scoring tenderers are recommended for contract award. For Separable Portion H: Insurance, the six highest scoring tenderers are recommended for contract award. For Separable Portion I: Dispute Resolution and General Litigation, the 10 highest scoring tenderers are recommended for contract award. For Separable Portion J: Factual Investigative Work and/or Transcription Services, the seven highest scoring tenderers are recommended for contract award. The recommended tenderers for each separable portion are considered capable of undertaking the works and reflect the offers most advantageous to Council. As a need for services arises from a separable portion, a supplier from the respective separable portion will be selected by the City Solicitor and requested to do the works. In accordance with Council’s commitment of proving social benefits to the City through its procurement activities, the successful tenderers are also required to provide pro bono legal services, at a level that is commensurate with the tenderer’s operational capacity and level of work issued by Council. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN The project is aligned with the following themes, outcomes and signature actions of the City Vision and Gold Coast 2020. Supporting the Delivery of Gold Coast 2020 B We manage the city responsibly Signature actions: Key programs of work

Managing risk exposure faced by the City of Gold Coast, including ensuring a safe working environment and that “Work Health and Safety is everyone’s business”.

The project is identified with the following initiative of the Operational Plan Organisational Capability.

710th Council Meeting 11 December 2015 29 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 4 (Continued) CONTRACT NO. LG314/411/15/025 – PROVISION OF LEGAL AND RELATED SERVICES LG314/411/15/025(P1) What Organisational Capability Achieves:

Organisational Capability supports future planning for the city and the delivery of corporate priorities through strategic risk, people, financial and information resources management.

Organisational Capability 2015-16 Expense Budget by Service Risk Management – Mitigate risk by supporting the governance of corporate,

directorate and business risk planning. This service also provides legal services, insurance, staff immunisation, fraud prevention, internal audit and corporate security.

7 COMMONWEALTH GAMES IMPACT This project has the following direct connection to the 2018 Commonwealth Games (GC2018). The City has responsibilities as the host city for the 2018 Commonwealth Games™

and is anticipating that demands for legal resources will increase in the lead up to the event and after its completion.

8 Funding AND RESOURCING REQUIREMENTS Budget/Funding Considerations The estimated contract cost for this arrangement per financial year is summarised below. It should be noted that the annual estimates include provision for a range of disbursements which arise from the conduct of matters including litigation, such as non-legal expert fees, preparation of reports, Court costs, investigator fees, and medical reports.

Estimated Cost for Financial Years

Duration Estimate

(excl. GST)

2015-16 5.5 months $ 4,583,333

2016-17 12 months $10,000,000

2017-18 12 months $10,000,000

2018-19 12 months $10,000,000

2019-20 12 months $10,000,000

2020-21 6.5 months $ 5,416,667

Total Cost (including allowance for disbursements as noted above):

$ 50,000,000

Funding for services is sourced from individual projects within various Responsibility Centres and Budget Centres across the City’s directorates who all require and rely on the provision of legal and related services. This arrangement is a Schedule of Rates contract for five years. Payments will be made to the Contractor based on the rates offered, multiplied by the actual quantum of work undertaken, or as otherwise agreed between the parties.

710th Council Meeting 11 December 2015 30 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 4 (Continued) CONTRACT NO. LG314/411/15/025 – PROVISION OF LEGAL AND RELATED SERVICES LG314/411/15/025(P1) In accordance with the budget review guidelines the following circumstances require referral to the Special Budget Committee

Not applicable.

People and Culture

No extra staff will be required for this project. 9 RISK MANAGEMENT

The project risks have been identified and relevant mitigation measures applied. The risk assessment is on file for reference. 10 STATUTORY MATTERS The tender process has been carried out in accordance with the Local Government Regulation 2012 which requires adherence to sound contracting principles. These principles are defined in Section 104(3) of the Local Government Act 2009 and are as follows.

Value for money. Open and effective competition. The development of competitive local business and industry. Environmental protection. Ethical behaviour and fair dealing. These principles form part of the Invitation to Offer process and are reinforced within the evaluation criteria as appropriate. 11 COUNCIL POLICIES The tender process has been carried out in accordance with the requirements of Council’s Procurement Policy and Standards. 12 DELEGATIONS Not applicable. 13 COORDINATION & CONSULTATION The following internal and external stakeholders have been involved / participated in the proposal to date. Name and/or Title of the Stakeholder Consulted



City Solicitor Office of the CEO Yes Manager Corporate Assurance

Office of the CEO Yes (Separable Portion J only)

Executive Coordinator Legal Services – Cherie Watt

Office of the CEO Yes

Senior Lawyer Legal Services – Hamish Kiddle


Senior Lawyer Legal Services – Bryan Abel


710th Council Meeting 11 December 2015 31 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 4 (Continued) CONTRACT NO. LG314/411/15/025 – PROVISION OF LEGAL AND RELATED SERVICES LG314/411/15/025(P1) Name and/or Title of the Stakeholder Consulted



Executive Coordinator Source to Contract – Anne-Maree Beard


Source to Contract Coordinator - J Hely


Right to Information (RTI) and Information Privacy (IP) Legislation 2009

The RTI/IP considerations are as follows:

Naming External Stakeholders (Personal Information):

Not applicable.

Naming Internal Stakeholders (Routine Personal Work Information:

Not applicable.

14 STAKEHOLDER IMPACTS External / community stakeholder Impacts

No adverse impacts are expected to be experienced by external / community stakeholders during the undertaking of this work. Benefits include continued legal governance and compliance.

Internal (Organisational) Stakeholder Impacts

Not applicable. 15 TIMING The anticipated contract start date is 16 January 2016. 16 CONCLUSION The recommended tenderers are experienced in the type of work to be undertaken. The evaluation of the tenders received indicates that the recommended tenders are the ones most advantageous to Council and should be recommended for acceptance for each separable portion for a period of five years with three by one year extension options. 17 RECOMMENDATION It is recommended that Council resolves as follows:

1 That Attachment 2 be deemed a confidential document and be treated as such in

accordance with sections 171(3) and 200(5) of the Local Government Act 2009 and that the document remain confidential unless Council decides otherwise by resolution.

2 That Council accepts the schedule of rates (excluding GST) tenders submitted, with rise and fall, to establish contractual arrangement LG314/411/15/025 - Provision of Legal and Related Services for a period of five years with three by one year extension options, as follows:

710th Council Meeting 11 December 2015 32 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 4 (Continued) CONTRACT NO. LG314/411/15/025 – PROVISION OF LEGAL AND RELATED SERVICES LG314/411/15/025(P1)

Separable Portion A

Planning and Environment

S.J Latham & B Melville & M Pennicott & K.G Petty & S Reid & C Salam & J.D Witheriff (t/a Minter Ellison – Gold Coast)

M.R Clark & C.J Glenister & A.J Knox & M.J Windle (t/a McDonald Balanda & Associates Lawyers)

Norton Rose Fulbright Australia Clayton Utz Corrs Chambers Westgarth D.R Bedford & Others (t/a

McCullough Robertson Lawyers) McInnes Wilson Lawyers Pty Ltd HopgoodGanim R.J Beer & D.P Macpherson & LM

Warnick & SW Keft & L Singh & MA Keir & MA Steel (t/a MacDonnells Law)

Separable Portion B

Commercial and Corporate


Clayton Utz Ashurst Australia (t/a Ashurst) John William Fradgley atf the Bell

Legal Group Hybrid Trust and John Robert Macpherson Ffrench atf the Double-F Trust (t/a Bell Legal Group)

Norton Rose Fulbright Australia McInnes Wilson Lawyers Corrs Chambers Westgarth M.R Clark & C.J Glenister & A.J

Knox & M.J Windle (t/a McDonald Balanda & Associates Lawyers)

HopgoodGanim D.R Bedford & Others (t/a

McCullough Robertson Lawyers)

Separable Portion C

Property

Clayton Utz J.S Smith & D.R Standfield (t/a Gall

Standfield & Smith Lawyers) Ashurst Australia (t/a Ashurst) McInnes Wilson Lawyers Pty Ltd John William Fradgley atf the Bell



Separable Portion C (Continued)

Property (Continued)

T.P Fynes-Clinton & D.P Kevin & M.J Quirk & J.J Tenison-Woods (t/a King & Company Solicitors)

Paul Raymond Box atf the Box Hybrid Fixed Trust, Peter William Muller atf the Muller Hybrid Fixed Trust, Justin James Mathews atf the Mathews Trust (t/a QBM Lawyers)

Nicholas W Hatcher & Pamela A Roberts (t/a Woods Hatcher)


Separable Portion D

Employment, Workplace Relations and Work Health and Safety

Clayton Utz Aitken Legal Pty Ltd McInnes Wilson Lawyers Pty Ltd Ashurst Australia (t/a Ashurst) Norton Rose Fulbright Australia

Separable Portion E

Regulatory/General Prosecutions


McInnes Wilson Lawyers Pty Ltd Clayton Utz M.R Clark & C.J Glenister & A.J


R.J Beer & D.P Macpherson & LM Warnick & SW Keft & L Singh & MA Keir & MA Steel (t/a MacDonnells Law)

D.R Bedford & Others (t/a McCullough Robertson Lawyers)

Norton Rose Fulbright Australia T.P Fynes-Clinton & D.P Kevin &

M.J Quirk & J.J Tenison-Woods (t/a King & Company Solicitors)

Separable Portion F

Administrative Law and Governance

Clayton Utz Ashurst Australia (t/a Ashurst) T.P Fynes-Clinton & D.P Kevin &


McInnes Wilson Lawyers Pty Ltd

Separable Portion G

Construction Law and Infrastructure Projects

Clayton Utz Ashurst Australia (t/a Ashurst) Norton Rose Fulbright Australia Corrs Chambers Westgarth McInnes Wilson Lawyers Pty Ltd S. Forrest & J.A Demack & G.M

Edgecombe & C.D Green & L Hogg & M.A Owens & M.J Raven & P Spiro (t/a Gadens Lawyers)


Separable Portion H

Insurance

J.R Kennedy & D Leembruggen & P.M Murdoch & R Samut & G.P Sinclair (t/a Barry Nilsson)

Clayton Utz G.A Atkins & G.T Connellan & J

Cooper & S.C Harris & M.J Lee & P McCarthy & R McKenna & M Pitt & M.A Pitt (t/a Moray & Agnew)

Ashurst Australia (t/a Ashurst) F&P Legal Pty Ltd atf the DW Legal

Unit Trust (t/a DW Legal ) McInnes Wilson Lawyers Pty Ltd

Separable Portion I

Dispute Resolution and General Litigation

Clayton Utz Ashurst Australia (t/a Ashurst) HW Litigation Pty Ltd (t/a HW

Litigation) Nicholas W Hatcher & Pamela A

Roberts (t/a Woods Hatcher) McInnes Wilson Lawyers Pty Ltd Norton Rose Fulbright Australia John William Fradgley atf the Bell



Corrs Chambers Westgarth D.M Bradley & Others (t/a Piper

Alderman)

Separable Portion J

Factual Investigation work and/or Transcription Services

Maurice J. Kerrigan & Associates Pty Ltd

Daniel Francis Devaney atf The Devaney Investigations Trust (t/a Devaney Investigations)

Verifact Pty Ltd atf the Verifact Unit Trust (t/a Verifact Investigations)

Clayton Utz Advance Group Holdings Pty Ltd VCA Services Pty Ltd atf Gordon VP

Trust & Others (t/a Vincents Chartered Accountants)

KPMG Forensic Pty Ltd

3 That it be noted that the contract will require funding over six financial years and the anticipated spend over the contract period is $50,000,000.

Author: Authorised by:Hayley Wallis Glen Potter Procurement Contracts Officer Director Organisational Services 16 November 2015

TRACKS REF: 52040807

710th Council Meeting 11 December 2015 35 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 4 (Continued) CONTRACT NO. LG314/411/15/025 – PROVISION OF LEGAL AND RELATED SERVICES LG314/411/15/025(P1) Cr Tozer declared a real (or perceived) conflict of interest (as per section 173 of the Local Government Act 2009) on this matter due to having received commissions as a result of a previous business relationship with one of the tenderers and left the meeting room, taking no part in the debate or decision of the meeting. Cr Tozer left the room. Cr Bell declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009) due to him receiving free rental on a campaign office from one of the tenderers, but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. Cr Bell remained in the room. Cr Owen-Jones declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009) due to involvement with Minter Ellison, having previously been a director of Alexander Commercial Properties; involvement with Mark Lacey, having attended an election fundraising event; Dennis Stanfield, having previously served as a Fellow Director of Horizon Housing Company, (formerly Gold Coast Housing Co), but that he had considered his position and was firmly of the opinion he could participate in debate and vote on this matter in the public interest. Cr Owen-Jones remained in the room. Cr Gilmore declared that a real (or perceived) conflict of interest in this matter could exist (as per section 173 of the Local Government Act 2009) due to Minter-Ellison being her family legal advisors, but that she had considered her position and was firmly of the opinion she could participate in debate and vote on this matter in the public interest. Cr Gilmore remained in the room.

710th Council Meeting 11 December 2015 36 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 4 (Continued) CONTRACT NO. LG314/411/15/025 – PROVISION OF LEGAL AND RELATED SERVICES LG314/411/15/025(P1) CLOSED SESSION LOCAL GOVERNMENT ACT 2009 AND SUPPORTING REGULATIONS PROCEDURAL MOTION moved Cr Caldwell seconded Cr Owen-Jones That Committee move into Closed Session pursuant to section 275 (1) of the Local Government Regulation 2012, for the consideration of the following item for the reason shown:-

Item Subject Reason

4 Contract No. Lg314/411/15/025 – Provision Of Legal And Related Services

Prejudicial Matter

CARRIED PROCEDURAL MOTION moved Cr Crichlow seconded Cr Caldwell That the Committee move into Open Session.

CARRIED Following resumption into Open Session Item 4, was moved and carried as shown on the following pages.

RECOMMENDATION CHANGED COUNCIL MEETING 11 DECEMBER 2015 COMMITTEE RECOMMENDATION GA15.1208.004 moved Cr Caldwell seconded Cr Bell 1 That Attachment 2 be deemed a confidential document and be treated as such in


2 That with regard to Separable Portion E: Regulatory/General Prosecutions, Council forms the view that the likelihood for demand for this category of legal services is such to warrant the addition of five (5) firms to cater for management of that category.



Separable Portion A




Norton Rose Fulbright Australia Clayton Utz Corrs Chambers Westgarth D.R Bedford & Others (t/a

McCullough Robertson Lawyers) McInnes Wilson Lawyers Pty Ltd HopgoodGanim R.J Beer & D.P Macpherson & LM

Warnick & SW Keft & L Singh & MA Keir & MA Steel (t/a MacDonnells Law)

Separable Portion B



Clayton Utz Ashurst Australia (t/a Ashurst) John William Fradgley atf the Bell


Norton Rose Fulbright Australia McInnes Wilson Lawyers Corrs Chambers Westgarth M.R Clark & C.J Glenister & A.J


HopgoodGanim D.R Bedford & Others (t/a

McCullough Robertson Lawyers)


Separable Portion C

Property

Clayton Utz J.S Smith & D.R Standfield (t/a

Gall Standfield & Smith Lawyers) Ashurst Australia (t/a Ashurst) McInnes Wilson Lawyers Pty Ltd John William Fradgley atf the Bell






Separable Portion D


Clayton Utz Aitken Legal Pty Ltd McInnes Wilson Lawyers Pty Ltd Ashurst Australia (t/a Ashurst) Norton Rose Fulbright Australia

Separable Portion E



McInnes Wilson Lawyers Pty Ltd Clayton Utz M.R Clark & C.J Glenister & A.J




Norton Rose Fulbright Australia T.P Fynes-Clinton & D.P Kevin &


Corrs Chambers Westgarth


Separable Portion E (Continued)

Regulatory/General Prosecutions (Continued)

A Abrahams & G.C Collins & J.D Fabian & C.D Henderson & D Humphrey-Smith & A.L Seyfort & D.E Whiting & A.J Willder (t/a Lander & Rogers)


Jon Derek Cronin atf Cronin Practice Trust and Stacy Lee Miller atf Stacy Miller Practice Trust (t/a Cronin Litigation Lawyers)


Separable Portion F


Clayton Utz Ashurst Australia (t/a Ashurst) T.P Fynes-Clinton & D.P Kevin &



Separable Portion G


Clayton Utz Ashurst Australia (t/a Ashurst) Norton Rose Fulbright Australia Corrs Chambers Westgarth McInnes Wilson Lawyers Pty Ltd S. Forrest & J.A Demack & G.M

Edgecombe & C.D Green & L Hogg & M.A Owens & M.J Raven & P Spiro (t/a Gadens Lawyers)

Separable Portion H

Insurance


Clayton Utz G.A Atkins & G.T Connellan & J

Cooper & S.C Harris & M.J Lee & P McCarthy & R McKenna & M Pitt & M.A Pitt (t/a Moray & Agnew)

Ashurst Australia (t/a Ashurst) F&P Legal Pty Ltd atf the DW

Legal Unit Trust (t/a DW Legal ) McInnes Wilson Lawyers Pty Ltd


Separable Portion I


Clayton Utz Ashurst Australia (t/a Ashurst) HW Litigation Pty Ltd (t/a HW

Litigation) Nicholas W Hatcher & Pamela A

Roberts (t/a Woods Hatcher) McInnes Wilson Lawyers Pty Ltd Norton Rose Fulbright Australia John William Fradgley atf the Bell



Corrs Chambers Westgarth D.M Bradley & Others (t/a Piper

Alderman)

Separable Portion J





Clayton Utz Advance Group Holdings Pty Ltd VCA Services Pty Ltd atf Gordon

VP Trust & Others (t/a Vincents Chartered Accountants)



CARRIED UNANIMOUSLY

Cr Bell, Cr Owen-Jones and Cr Gilmore voted in the positive. Cr Tozer returned to the room.


COUNCIL MEETING 11 DECEMBER 2015 RESOLUTION G15.1211.018 moved Cr Bell seconded Cr Caldwell That Committee Recommendation GAF15.1208.004 be adopted, with an addition of Part 3 and change to Part 4, such that it reads in its entirety as follows: 1 That Attachment 2 be deemed a confidential document and be treated as such in


2 That with regard to Separable Portion E: Regulatory/General Prosecutions, Council forms the view that the likelihood for demand for this category of legal services is such to warrant the addition of five (5) firms to cater for management of that category.

3 That with regard to Separable Portion H: Insurance, Council forms the view that the likelihood for demand for this category of legal services is such to warrant the addition of five (5) firms to cater for management of that category.


Separable Portion A




Norton Rose Fulbright Australia

Clayton Utz




HopgoodGanim



Separable Portion B



Clayton Utz

Ashurst Australia (t/a Ashurst)

John William Fradgley atf the Bell Legal Group Hybrid Trust and John Robert Macpherson Ffrench atf the Double-F Trust (t/a Bell Legal Group)


McInnes Wilson Lawyers



HopgoodGanim


Separable Portion C

Property

Clayton Utz

J.S Smith & D.R Standfield (t/a Gall Standfield & Smith Lawyers)









Separable Portion D


Clayton Utz

Aitken Legal Pty Ltd




Separable Portion E




Clayton Utz







A Abrahams & G.C Collins & J.D Fabian & C.D Henderson & D Humphrey-Smith & A.L Seyfort & D.E Whiting & A.J Willder (t/a Lander & Rogers)


Jon Derek Cronin atf Cronin Practice Trust and Stacy Lee Miller atf Stacy Miller Practice Trust (t/a Cronin Litigation Lawyers)



Separable Portion F


Clayton Utz




Separable Portion G


Clayton Utz





S. Forrest & J.A Demack & G.M Edgecombe & C.D Green & L Hogg & M.A Owens & M.J Raven & P Spiro (t/a Gadens Lawyers)

Separable Portion H

Insurance


Clayton Utz

G.A Atkins & G.T Connellan & J Cooper & S.C Harris & M.J Lee & P McCarthy & R McKenna & M Pitt & M.A Pitt (t/a Moray & Agnew)


F&P Legal Pty Ltd atf the DW Legal Unit Trust (t/a DW Legal )


M R Clark & C J Glenister and A J Knox & M J Windle (t/a McDonald Balanda & Associates Lawyers

T J Batch and others (t/a Cooper Grace Ward)

Norton Rose Fullbright Australia

Simon Gordon Bennett atf the Bayzo Trust & Richard Andrew Dawson atf the Sinatra Trust & Julitte Elizabeth Nairm Mahoney Bennett Solicitors

Damien van Brunschott atf the VB Practice Trust & Jamie McPherson atf the McPherson Practice Trust (t/a Kaden Borris Brisbane)


Separable Portion I


Clayton Utz


HW Litigation Pty Ltd (t/a HW Litigation)







D.M Bradley & Others (t/a Piper Alderman)

Separable Portion J





Clayton Utz

Advance Group Holdings Pty Ltd

VCA Services Pty Ltd atf Gordon VP Trust & Others (t/a Vincents Chartered Accountants)



CARRIED UNANIMOUSLY


Attachment 1 – Tenders Received

Tenderers Separable Portion

1 David Christopher Brown and Michael John Kyle atf Adamson and Kyle Unit Trust (t/a Adamson Bernays Kyle & Jones)

B, C, I

2 Advance Group Holdings Pty Ltd J

3 Aitken Legal Pty Ltd D

4 Ashurst Australia (t/a Ashurst) A, B, C, D, F, G, H, I

5 J.R Kennedy & D Leembruggen & P.M Murdoch & R Samut & G.P Sinclair (t/a Barry Nilsson)

H

6 John William Fradgley atf the Bell Legal Group Hybrid Trust and John Robert Macpherson Ffrench atf the Double-F Trust (t/a Bell Legal Group)

B, C, I

7 Clayton Utz A, B, C, D, E, F, G, H, I, J

8 Colin Biggers & Paisley Pty Limited (t/a Colin Biggers & Paisley)

A, B, C, D, E, F, G, H, I

9 Cooper Maloy Legal Pty Ltd (t/a Cooper Maloy Legal) E, J

10 T.J Batch and Others (t/a Cooper Grace Ward) A, D, G, H

11 Corrs Chambers Westgarth A, B, C, D, E, F, G, H, I

12 Jon Derek Cronin atf Cronin Practice Trust and Stacy Lee Miller atf Stacy Miller Practice Trust (t/a Cronin Litigation Lawyers)

B, E, I

13 Kate Elizabeth McCormick atf The McCormick Family Trust (t/a Cronin Shearer Lawyers)

C

14 C.P Anese & R Gourley & G.W Nock & B.T Postma & G.U Silins (t/a Cullens)

B

15 Daniel Francis Devaney atf The Devaney Investigations Trust (t/a Devaney Investigations)

J

16 W.M Addison & Others (t/a DibbsBarker) A, G

17 F&P Legal Pty Ltd atf the DW Legal Unit Trust (t/a DW Legal )

H, I

18 Forbes Dowling Lawyers Pty Ltd I

19 S. Forrest & J.A Demack & G.M Edgecombe & C.D Green & L Hogg & M.A Owens & M.J Raven & P Spiro (t/a Gadens Lawyers)

A, B, C, D, E, G, H, I

20 J.S Smith & D.R Standfield (t/a Gall Standfield & Smith Lawyers)

C, H, I

21 HBM Lawyers Pty Ltd (t/a HBM Lawyers) H, I



22

Anthony Hickey atf the Hickey Practice Trust, Mark Lacy atf the Lacy Practice Trust, Joseph Welch atf the Welch Practice Trust, Simon Chan atf the Chan Practice Trust and Daniel Marino atf the Marino Practice Trust (t/a Hickey Lawyers)

I

23 Hillhouse Burrough McKeown Pty Ltd atf The Lawprac Unit Trust (t/a Hillhouse Burrough McKeown)

B, C, D, H, I

24 Holding Redlich Partnership (t/a Holding Redlich) B, C, G, I

25 HopgoodGanim A, B, C, D, E, F, G, H, I

26 Jill Edith Hignett atf The Hignett Legal Family Trust (t/a HR Law)

D

27 HW Litigation Pty Ltd (t/a HW Litigation) I

28

HWL Ebsworth Pty Ltd atf The Martinez HWL Practice Trust & The Gardini HWL Practice Trust & The East HWL Practice Trust & The Warat HWL Practice Trust & the Marin HWL Practice Trust & others (t/a HWL Ebsworth Lawyers)

A, B, C, D, E, F, G, H, I

29 T.P Fynes-Clinton & D.P Kevin & M.J Quirk & J.J Tenison-Woods (t/a King & Company Solicitors)

A, B, C, D, E, F, G, H, I

30 KPMG Forensic Pty Ltd J

31 A Abrahams & G.C Collins & J.D Fabian & C.D Henderson & D Humphrey-Smith & A.L Seyfort & D.E Whiting & A.J Willder (t/a Lander & Rogers)

E, F, I

32 R.J Beer & D.P Macpherson & LM Warnick & SW Keft & L Singh & MA Keir & MA Steel (t/a MacDonnells Law)

A, B, C, D, E, F, G, H, I , J

33 Maurice J. Kerrigan & Associates Pty Ltd J

34 M.R Clark & C.J Glenister & A.J Knox & M.J Windle (t/a McDonald Balanda & Associates Lawyers)

A, B, C, D, E, F, G, H, I

35 D.R Bedford & Others (McCullough Robertson Lawyers) A, B, C, D, E, F, G, H, I

36 McInnes Wilson Lawyers Pty Ltd A, B, C, D, E, F, G, H, I

37 SJ Pearson atf Pearson Family Trust and IR Kennedy atf Kennedy Valewink Trust (t/a McLaughlins Lawyers)

B, C, D, E, G, H, I

38

Mills Oakley Lawyers Pty Ltd atf the S.N Aroney, & A.P Brown & M Checketts & D Curry & D.E Harriss & D Ho & R Jepson & A.G Johnson & S.A Lewin & J.A Mazzotta & J.V Nerurker & J Price & Roger Jepson Practice Trust (t/a Mills Oakley)

A, B, C, D, E, F, G, H, I

39 S.J Latham & B Melville & M Pennicott & K.G Petty & S Reid & C Salam & J.D Witheriff (t/a Minter Ellison – Gold Coast)

A, B, C, D, E, F, G, H, I



40 G.A Atkins & G.T Connellan & J Cooper & S.C Harris & M.J Lee & P McCarthy & R McKenna & M Pitt & M.A Pitt (t/a Moray & Agnew)

H, I

41 Damien Van Brunschott atf the VB Practice Trust & Jamie McPherson atf the McPherson Practice Trust (t/a Kaden Boriss Brisbane)

D, H, I

42 Norton Rose Fulbright Australia A, B, C, D, E, F, G, H, I

43

Simon Gordon Bennett atf the Bayzo Trust & Richard Andrew Dawson atf the Sinatra Trust & Julitte Elizabeth Nairn atf the Nairn Trust (t/a O’Keefe Mahoney Bennett Solicitors)

C, D, H, I

44 D.M Bradley & Others (t/a Piper Alderman) B, C, D, F, G, I

45


C, E, I

46 CRSTLaw Pty Ltd (t/a Radcliff Taylor Lawyers) B, E, H, I

47 Ramsden Law Pty Ltd atf the Ramsden Law Trust (t/a Ramsden Lawyers)

B, C, D, E, F, G, H, I

48 Rose Litigation Lawyers Pty Ltd E, G, H, I

49

Hamish Bruce Carlyle atf the Carlyle Family Trust and Gavin Ronald McInnes atf the McInnes Family Trust and Paul Andrew Rojas atf the Rojas Family Trust and Gregory Stephen Rostron atf the Rostron Family Trust (t/a Rostron Carlyle Lawyers)

B, C, G, I

50 SafeAssure Pty Ltd J

51

John Saunders atf the John Saunders Practice Trust and John Lowes atf the John Lowes Practice Trust and Brad Clark atf the Brad Clark Practice Trust and Richard Waring atf the Richard Waring Practice Trust No. 1 and Richard Waring Practice Trust No. 2 (t/a Shand Taylor Lawyers)

A, C, E, F

52 Warwick Rutledge Chesters (t/a Southside Legal Gold Coast)

E, H, I

53 Swift Solicitors Pty Ltd atf the G&C Owen Family Trust (t/a Swift Solicitors)

A, C, I

54 Thynne & Macartney A, C, D, G

55 Verifact Pty Ltd atf the Verifact Unit Trust (t/a Verifact Investigations)

J

56 VCA Services Pty Ltd atf Gordon VP Trust & Others (t/a Vincents Chartered Accountants)

J

57 Nicholas W Hatcher & Pamela A Roberts (t/a Woods Hatcher)

C, E, I


ITEM 5 ORGANISATIONAL SERVICES PROPOSED SITE DEVELOPMENT COMPOUND – PART OF LOT 1 ON SP171250 BEING A RESERVE FOR PARK AND RECREATION PURPOSES UNDER COUNCIL’S CONTROL AS TRUSTEE – JUPITERS CUSTODIAN PTY LTD PN323213/20/01(P1) Refer 3 page attachment 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT To advise Council of a request from Jupiters Custodian Pty Ltd (Jupiters) for a Trustee Lease for a site construction compound on a Reserve to facilitate the construction of extensions to the Jupiters Hotel and Casino, Broadbeach. 4 PREVIOUS RESOLUTIONS Not Applicable. 5 DISCUSSION Background The Jupiters Hotel and Casino site at Broadbeach comprises a complex mix of land tenures: Freehold Title – Jupiters Custodian Pty Ltd – Lot 299 on WD3639 comprising an area of 60,121 square metres and being the substantive component of the hotel and casino operations; Perpetual Leasehold – Jupiters Custodian Pty Ltd – Lot 1 on SP156263 comprising an area of 6,451 square metres and being an area of former Little Tallebudgera Creek, now reclaimed land, along the eastern boundary of the substantive hotel and casino site; Term Leasehold – Jupiters Custodian Pty Ltd – Lot 2 on SP281114 comprising an area of 4,421 square metres and being the site for a new bridging structure to connect the current hotel and casino site to the Gold Coast Highway; and Term Leasehold – Jupiters Custodian Pty Ltd – Lots 555 and 557 on WD6130 and Lot 556 on SP156263 comprising 3,403 square metres and being existing bridges and a pontoon structure all of which facilitate access to the hotel and casino site. Councillors would be aware of recent announcements that the Jupiters site at Broadbeach is subject to a redevelopment proposal, a key component of which is a new hotel and casino offering to the immediate east of its existing operations. A component of the redevelopment project, which is already underway and expected for completion by the end of 2017, is the construction of a new bridging structure to commence at the juncture of Elizabeth Avenue and Gold Coast Highway, crossing Little Tallebudgera Creek and landing at the current Jupiters Hotel and Casino site.


ITEM 5 (Continued) PROPOSED SITE DEVELOPMENT COMPOUND – PART OF LOT 1 ON SP171250 BEING A RESERVE FOR PARK AND RECREATION PURPOSES UNDER COUNCIL’S CONTROL AS TRUSTEE – JUPITERS CUSTODIAN PTY LTD PN323213/20/01(P1) Council is the Trustee of a Reserve for Park and Recreation purposes being Lot 1 on SP171250 comprising 17,816 square metres and known locally as Gold Coast Bulletin Centenary Park. The subject park, as indicated at Attachment 1, is situated to the east of Little Tallebudgera Creek and following significant impacts from the construction of Stage 1 of the light rail, now consists of little more than a green buffer along the banks of the Creek other than a northernmost area which has some attractive passive parklike features. In early November, Jupiters provided officers with the plan at Attachment 2 which shows an outline of a construction compound located within the northern area of the Park Reserve. Seemingly, access for construction of the new hotel and casino facility is so constrained that alternative means of seeing the redevelopment proceed in a timely manner have proven unfeasible. Accordingly, Jupiters is seeking a Trustee Lease from Council over the approximate area outlined at Attachment 3 for the period up to 31 December 2017, after which the site will be vacated and returned to Council in an embellished state. Legislative Issues

Council’s role as Trustee of the Reserve is governed by the provisions of the Land Act 1994 and provisions exist for the State to approve a Trustee Lease for a purpose inconsistent with the purpose of Reserve (viz in the subject case for a site construction compound) provided the proposed lease “would not diminish the purpose”. Clearly, the Jupiters’ proposal would be temporary in that the construction compound would be removed by the end of 2017 with the parkland re-established. It is on this basis that State approval (via the Department of Natural Resources and Mines) has been sought for the approval of a short term Trustee Lease to Jupiters, that is, the lease would not diminish the purpose of the Reserve other than on a temporary/interim basis while the Jupiters’ redevelopment proceeded. An additional consideration is that the grant of a Trustee Lease to Jupiters involves a disposal of an interest in land. The Local Government Regulation provides at s236 that a disposal of an interest in land can proceed other than by auction or tender if a disposal meets one of the exception provisions noted in the Regulation. In the case of the Jupiters’ application, the provisions of s236(1)(c)(iv) apply in that Jupiters is deemed to be the owner of adjacent land via its ownership/lesseeship of the lots detailed previously in this report. It is also the case that no other party could be deemed an adjoining owner, the proposed lease is for a specific and short term purpose not inconsistent with the public interest and the proposed lease will issue on full commercial terms. The Proposed Lease

Any proposed Trustee Lease would need to have regard to:

(i) the fact that at expiry of the proposed lease that the area will need to be re-established as parkland to the satisfaction of the City’s Parks Officers – a bond to ensure such occurs will be sought as part of the lease outcome;

(ii) the fact that the rent for the lease must be appropriate (s63 of the Land Act) and based on evidence provided by a Registered Valuer not employed by Council (s236(5) of the Local Government Regulation), in the subject case Herron Todd White Valuers act for Council and their advice will form the basis for a rental determination; and

(iii) the fact that the proposed lease site has close proximity to the existing Jupiters site, a clear attraction above that of more distant sites.


ITEM 5 (Continued) PROPOSED SITE DEVELOPMENT COMPOUND – PART OF LOT 1 ON SP171250 BEING A RESERVE FOR PARK AND RECREATION PURPOSES UNDER COUNCIL’S CONTROL AS TRUSTEE – JUPITERS CUSTODIAN PTY LTD PN323213/20/01(P1) 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN

Theme 2 Prosperity built on a strong diverse economy 2.1 We are a globally recognised tourism destination Our city attracts visitors from all over the world. 2.5 We are an emerging world-class business destination We have a positive global reputation. 7 COMMONWEALTH GAMES IMPACT The early grant of a Trustee Lease would no doubt assist with the construction program for the Jupiters site and the programmed completion of works prior to the 2018 Commonwealth Games. 8 FUNDING AND RESOURCING REQUIREMENTS Not applicable. 9 RISK MANAGEMENT Not applicable 10 STATUTORY MATTERS Land Act 1994 s59(2)(a) The Minister may approve a trustee lease for a purpose inconsistent with the purpose for which the trust land was dedicated or granted only if the lease would not diminish the purpose. Local Government Regulation 2012 s236(1)(c)(iv) A local government may dispose of a valuable non-current asset other than by tender or auction if the land is disposed of to a person who owns adjoining land if- (A) the land is not suitable to be offered for disposal by tender or auction for a particular

reason, including, for example, the size of the land or the existence of particular infrastructure on the land; and

(B) there is not another person who owns other adjoining land who wishes to acquire the land; and

(C) it is in the public interest to dispose of the land without a tender or auction; and (D) the disposal is otherwise in accordance with sound contracting principles; s236(2) An exception applies to a local government disposing of a valuable non-current asset only if, before the disposal, the local government has decided, by resolution, that the exception may apply. s236(5) A written report about the market value of land or an interest in land from a valuer registered under the Valuers Registration Act 1992 who is not an employee of the local government is evidence of the market value of the land or the interest in land.


ITEM 5 (Continued) PROPOSED SITE DEVELOPMENT COMPOUND – PART OF LOT 1 ON SP171250 BEING A RESERVE FOR PARK AND RECREATION PURPOSES UNDER COUNCIL’S CONTROL AS TRUSTEE – JUPITERS CUSTODIAN PTY LTD PN323213/20/01(P1) 11 COUNCIL POLICIES Not applicable. 12 DELEGATIONS DE00472 To enter into, vary and discharge leases, licences, permits, assignments, subleases and tenancy arrangements of a routine or minor nature, where Council is the lessee or lessor. The Chief Executive Officer is to confer with the Divisional Councillor prior to taking action. DE00517 To grant, amend, reinstate, consent to and accept easements as both Grantor and Grantee over Council owned and controlled lands or other private freehold land, including the determination of appropriate compensation payable in relation thereto, provided that such action is for the benefit of Council or is equitable in the prevailing circumstances. The subject delegations have been utilised for many years and reflect, for the purposes of s236(2) of the Local Government Regulation, a prior resolution of Council to apply the exception provisions which may be utilised for the Jupiters and/or other property related transactions. This aspect is captured in the recommendations of this report. 13 COORDINATION & CONSULTATION Name and/or Title of the Stakeholder Consulted


Is the Stakeholder Satisfied With Content of Report and Recommendations (Yes/No) (comment as appropriate)

Ross Greenwood Executive Coordinator Parks

Parks Gold Coast Community Services

Yes

14 STAKEHOLDER IMPACTS Not applicable. 15 TIMING Council’s resolution will be actioned immediately upon adoption. 16 CONCLUSION Jupiters Custodian Pty Ltd have sought the grant of a Trustee Lease over a Reserve under Council’s control as trustee to enable the creation of a development site compound to assist with the development of an extension to their hotel and casino operations at Broadbeach. The recommendations in this report reflect proper adherence to the Land Act and Local Government Regulation in respect of the grant of the lease and a disposal of an interest in land.


ITEM 5 (Continued) PROPOSED SITE DEVELOPMENT COMPOUND – PART OF LOT 1 ON SP171250 BEING A RESERVE FOR PARK AND RECREATION PURPOSES UNDER COUNCIL’S CONTROL AS TRUSTEE – JUPITERS CUSTODIAN PTY LTD PN323213/20/01(P1) 17 RECOMMENDATION

It is recommended that Council resolves as follows:

1 That Council approve the grant of a Trustee Lease as applied for based on the following conditions:

a term of Trustee Lease to expire on 31 December 2017;

b rent to be in accordance with independent valuation advice (s236(5) of the Local Government Regulation);

c a reinstatement bond being provided by the applicant to the satisfaction of the Chief Executive Officer (Manager Property Services);

d a plan for the embellishment of the subject site before or at expiry of the Trustee Lease being provided by the applicant to the satisfaction of the Chief Executive Officer (Executive Coordinator Parks).

2 That for the purposes of s236(2) of the Local Government Regulation, existing property related Delegations DE00472 and DE00517 be deemed to reflect Council’s prior resolution with respect to the use of those delegations for applicable property transactions.


Brendan Madden Glen Potter Manager Property Services Director Organisational Services 24 November 2015

TRACKS REF: Doc # 52156624 Changed Recommendation COMMITTEE RECOMMENDATION GA15.1208.005 moved Cr Crichlow seconded Cr Owen-Jones 1 That Council approve the grant of a Trustee Lease as applied for based on the

following conditions:

a term of Trustee Lease to expire on 31 December 2017;

b rent to be in accordance with independent valuation advice (s236(5) of the Local Government Regulation);

c a reinstatement bond being provided by the applicant to the satisfaction of the Chief Executive Officer (Manager Property Services);

d a plan for the embellishment of the subject site before or at expiry of the Trustee Lease being provided by the applicant to the satisfaction of the Chief Executive Officer (Executive Coordinator Parks).

2 That for the purposes of s236(2) of the Local Government Regulation, existing property related Delegations DE00472 and DE00517 be deemed to reflect Council’s prior resolution with respect to the use of those delegations for applicable property transactions.

3 That subject to 1 above being resolved, the rental revenue received for the new lease be transferred to the Cultural Precinct reserve for the duration of the lease.

CARRIED UNANIMOUSLY

710th Council Meeting 11 December 2015 Governance Administration & Finance Committee Meeting 8 December 2015

76 Adopted Report


77 Adopted Report


78 Adopted Report


ITEM 6 OFFICE OF THE CHIEF EXECUTIVE OFFICER GOVERNANCE ADMINISTRATION AND FINANCE COMMITTEE ACTION LIST AND FORWARD PLANNING SCHEDULE LG115/1215/01/2015(P1) Item Action Officer &/or

Branch Action/Previous Resolution

(711) Governance, Administration and Finance Committee 25 January 2016

Design Supply and Installation of Heating Ventilation and Air Conditioning HVAC Plant and Equipment

Procurement

Provision of Street Sweeping Services Procurement

Contract No. LG314/254/15/078 Modernisation of Lifts at Waterside and Karp Court Buildings

Procurement

Contract No. LG314/690/15/022 Ground Maintenance Services for Cemeteries

Procurement

Contract No. LG314/690/16/005 - Sewer Gas Valve Maintenance

Procurement

Contract No. LG314/411/15/045 – Collection and Recycling of Cardboard

Procurement

State of the Organisation Report (SOOR) Executive Services

Complaints (Administrative Actions) Policy and Procedures

Executive Services

Delegation – Make Public Parts of Confidential Council Reports

Legal Services

RECOMMENDATION

It is recommended that Council resolves as follows: That the list of proposed Agenda Items for the Governance, Administration and Finance Committee be noted. Authorised by:

Joe McCabe Chief Operating Officer

TRACKS REF: # 44941331 COMMITTEE RECOMMENDATION GA15.1208.006 moved Cr Crichlow seconded Cr Owen-Jones That the list of proposed Agenda Items for the Governance, Administration and Finance Committee be noted.

CARRIED


ITEM 7 OFFICE OF THE CHIEF EXECUTIVE OFFICER INTERNAL AUDIT POLICY AND CHARTER LG964/171/01(P1) Refer Attachment 1: Revised Internal Audit Policy and Charter (10 pages) Refer Attachment 2: Existing Internal Audit Policy and Terms of Reference (13 pages) 1 BASIS FOR CONFIDENTIALITY

Not Applicable. 2 EXECUTIVE SUMMARY

Not Applicable. 3 PURPOSE OF REPORT This report seeks adoption of the revised Internal Audit Policy and Internal Audit Charter as recommended by the Audit Committee at its meeting on 23 November 2015. 4 PREVIOUS RESOLUTIONS

Not Applicable. 5 DISCUSSION The Local Government Act (2009) and its supporting regulations require Council to establish an internal audit function, and stipulate a range of requirements relating to the conduct and reporting of internal audit activities. Council's Audit Committee has overseen a full review of the existing Internal Audit Policy and Terms of Reference over the past two months. The review has incorporated the following: consideration of leading practices in internal auditing; alignment of format and terminology with Council’s Audit Committee Charter; feedback from existing audit committee members; legislative requirements included in the Local Government Act (2009) and supporting

regulations; and formatting and content requirements of Council's new policy template.

At its most recent meeting of 23 November 2015, the Audit Committee endorsed the revised Internal Audit Policy and Internal Audit Charter for recommendation to Council via the Governance, Administration and Finance Committee. The Audit Committee resolved as follows: 1 That the Audit Committee notes the final version of the Internal Audit Charter updated

in September 2015 and endorses the Internal Audit Charter to be formally approved by the Chief Executive Officer for submission to Council.

Whilst the revised Policy and Charter documents look quite different from the existing Policy and Terms of Reference, the purpose, role and responsibilities of the Internal Audit function have essentially not changed. Rather, the structure, wording and formatting of the documents have been streamlined and simplified to make the documents easier to understand and apply in practice. The revised Internal Audit Policy and Internal Audit Charter (Attachment 1) are attached to this report, as is the existing Internal Audit Policy and Terms of Reference (Attachment2).


ITEM 7 (Continued) INTERNAL AUDIT POLICY AND CHARTER LG964/171/02(P1) 6 ALIGNMENT TO BOLD FUTURE VISION, CORPORATE PLAN, OPERATIONAL

PLAN The Internal Audit function supports achievement of the following Corporate Plan outcome: We manage the City responsibly 7 COMMONWEALTH GAMES IMPACT Not Applicable. 8 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations Funding for the operation of Council's Internal Audit function is approved within the

Corporate Assurance Branch Responsibility Centre CE8120 – Budget Centre CE8120O008 – Internal Audit. The revised Internal Committee Policy and Charter have no budget/funding impacts.

Costs for Capital Works and Service Proposals Not Applicable. In accordance with the budget review guidelines the following circumstances require referral to the Corporate Governance & Finance Committee Not Applicable. People and Culture Not Applicable. 9 RISK MANAGEMENT Council's Internal Audit Unit promotes good governance through the provision of objective independent assurance and advisory services relating to risk management, internal control, governance, compliance, and financial reporting. 10 STATUTORY MATTERS Section 105 of the Local Government Act (2009) requires each local government must establish an efficient and effective Internal Audit function. Section 105 of the Local Government Act (2009) and Chapter 5 (Part 11) of the Local Government Regulation (2012) outline the requirements in relation to the internal audit plan, implementation of recommendations and progress reporting to the Audit Committee. The above legislative requirements have been incorporated into the revised Internal Audit Policy and Internal Audit Charter.


ITEM 7 (Continued) INTERNAL AUDIT AUDIT POLICY AND CHARTER LG964/171/02(P1) 11 COUNCIL POLICIES Internal Audit Policy and Charter. Audit Committee Policy and Charter. 12 DELEGATIONS Not Applicable. 13 COORDINATION & CONSULTATION The following stakeholders have been involved in the revision of Council's Internal Audit policy. Name and/or Title of the Stakeholder Consulted



Audit Committee members Members Yes (Attachment 1) Dale Dickson, Chief Executive Officer

Members Yes

Right to Information (RTI) and Information Privacy (IP) Legislation 2009 The RTI/IP considerations are as follows: Naming External Stakeholders (Personal Information):

Not Applicable.


Not Applicable.

14 STAKEHOLDER IMPACTS External / community stakeholder Impacts Once adopted the revised Internal Audit Policy and Internal Audit Charter will be published

on Council's website replacing the existing Internal Audit Policy and Charter. No impacts are expected.

Internal (Organisational) Stakeholder Impacts No impacts expected - internal communication via Intranet only.


ITEM 7 (Continued) INTERNAL AUDIT POLICY AND CHARTER LG964/171/02(P1) 15 TIMING The revised Internal Audit Policy and Charter will come into effect once adopted by Council. 16 CONCLUSION At its most recent meeting on 23 November 2015, Council's Audit Committee reviewed and recommended Council approval of a revised Internal Audit Policy and Internal Audit Charter. The revised Policy and Charter reflect, wherever possible, contemporary leading practice principles surrounding the establishment and operation of public sector audit committees, as published by the Australian National Audit Office (ANAO), Queensland Treasury, the Institute of Internal Auditors Australia (IIA), and others. Whilst the revised Policy and Charter documents are differently formatted from the existing Policy and Terms of Reference, it should be noted that the role, responsibilities, operation and reporting obligations of the internal audit function have essentially not changed. The new policy and charter documents have also been reformatted in line with Council's branding strategy and new policy templates so as to allow them to be published on Council's website. 17 RECOMMENDATION It is recommended that Council resolves as follows: That Council adopt the revised Internal Audit Policy and Internal Audit Charter provided as Attachment 1 to this report. Author: Authorised by:

Grant Mather Dale Dickson Manager Internal Audit Office Chief Executive Officer 27 November 2015

TRACKS REF: 52169674 COMMITTEE RECOMMENDATION GA15.1208.007 moved Cr Crichlow seconded Cr Owen-Jones That Council adopt the revised Internal Audit Policy and Internal Audit Charter provided as Attachment 1 to this report.

CARRIED

710th Council Meeting 11 December 2015 84 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 7 (Continued) INTERNAL AUDIT POLICY AND CHARTER LG964/171/02(P1)

Attachment 1

Internal Audit Policy

DETAILS Council Admin

Effective from: 11 December 2015 Contact officer: Manager Corporate Assurance Next review date: December 2017 File reference: LG964/171//01(P1) iSpot #

This policy #22889471 Value Proposition #44105251

OBJECTIVES AND MEASURES

Objectives This policy and the attached Internal Audit Charter outline the role, purpose, operations and reporting obligations of the Council of the City of Gold Coast (Council) Internal Audit Unit.

Performance measures Internal performance self-assessment every two years. External performance assessment every five years.

Risk assessment Low POLICY STATEMENT Council maintains an efficient and effective internal audit function as required by the Local Government Act 2009 and Local Government Regulation 2012. The Internal Audit Unit within Corporate Assurance Branch provides Council’s internal audit function in accordance with the Internal Audit Charter (Attachment A), with oversight provided by Council’s Audit Committee. The Internal Audit Unit has authority from the Chief Executive Officer to obtain full, free and unrestricted access to all functions, premises, assets, personnel, records, systems, information and documentation deemed necessary to enable the unit to meet and discharge its responsibilities as outlined in the Internal Audit Charter. SCOPE This policy applies to the operations and activities of the Council and its controlled entities. The scope of the Internal Audit Unit’s assurance, oversight and advisory responsibilities is outlined in the Internal Audit Charter. DEFINITIONS Audit Committee – an advisory committee of Council consisting of councillor and independent external members charged with providing assurance, oversight and advice to Council and the Chief Executive Officer in relation to the operations of the Council and its controlled entities.


Attachment 1


Charter – a document which outlines the role, responsibilities, operational requirements and reporting obligations of the Internal Audit Unit. Council – Council of the City of Gold Coast Internal audit – Internal audit is an independent, objective, assurance and consulting activity that strives to add value and improve the operations of the Council and its controlled entities.

RELATED POLICIES AND DELEGATIONS Audit Committee Policy. LEGISLATION Local Government Act 2009 Local Government Regulation 2012 SUPPORTING DOCUMENTS Attachment A: Internal Audit Charter RESPONSIBILITIES Sponsor Chief Executive Officer Owner Manager Corporate Assurance VERSION CONTROL Document Date Approved

Amendment

22889471 v9 11.12.15 GA15.1208.007/ G15.1211.001 Major changes (#52309031) 22889471 v8 17.09.14 COO #45685473 Minor amendment to review date 22889471 v7 14.03.13 Version 10.01.13 – 16.09.14 22889471 v6 06.02.13 iSpot #38908026 Version 01.07.10 – 10.01.13 22889471 v5 01.03.11 GA11.0216.004 Council endorsed version 20.01.10

– 01.07.10 22889471 v4 27.01.10 iSpot #26872894 Version 21.04.08 – 21.01.10 22889471 v3 16.05.08 Version 23.07.07 – 21.04.08 22889471 v2 16.05.08 Version 29.05.06 – 23.07.07 22889471 v1 16.05.08 Original version 01.08.05 –

29.05.06


Attachment 1

Internal Audit Policy Attachment A – Internal Audit Charter

Internal Audit Charter

December 2015


Attachment 1


Table of contents

1 Purpose ............................................................................................................................................... 88

2 Legislative Mandate ........................................................................................................................... 88

3 Objective ............................................................................................................................................. 88

4 Scope .................................................................................................................................................. 88

5 Independence ..................................................................................................................................... 88

6 Authority and confidentiality ............................................................................................................ 89

7 Organisation Structure ...................................................................................................................... 89

8 Roles and Responsibilities ............................................................................................................... 89

8.1 Assurance Engagements .......................................................................................................... 90

8.2 Advisory Services ...................................................................................................................... 90

8.3 Audit Support Activities .............................................................................................................. 90

9 Audit Planning .................................................................................................................................... 91

10 Standards and best practice tools ................................................................................................... 91

11 Relationship with external audit ....................................................................................................... 92

12 Reporting ............................................................................................................................................ 92

13 Quality Assurance and Improvement .............................................................................................. 93

14 Administrative arrangements ........................................................................................................... 93

14.1 Structure .................................................................................................................................... 93

14.2 Nominated Chief Audit Executive .............................................................................................. 93

14.3 Review of the charter ................................................................................................................. 93

15 Supporting Documents ................................................................................................................... 93


Attachment 1


1 PURPOSE

This charter sets out the objectives, authority, responsibilities, composition, tenure, reporting and administrative arrangements associated with the City of Gold Coast Internal Audit Unit. 2 LEGISLATIVE MANDATE

The Internal Audit Unit’s mandate and responsibilities are established and governed in accordance with the Local Government Act 2009 and Local Government Regulation 2012, which require each local government to establish an efficient and effective internal audit function. 3 OBJECTIVE

Internal audit is an independent, objective assurance and consulting activity that seeks to add value and improve Council’s operations. The activity assists Council in accomplishing its objectives, by bringing a systematic and disciplined approach to evaluate and improve the effectiveness of risk management, internal control, financial reporting and governance processes. The internal audit activity provides assurance to Council, executive management and the Audit Committee that key organisational risks are understood and managed appropriately. It also serves as an in-house advisory service providing management with guidance, advice and support in relation to governance, risk and control matters. 4 SCOPE

The scope of responsibilities of the Internal Audit Unit under this Charter includes the operations and activities of the Council of the City of Gold Coast, and its controlled entities. 5 INDEPENDENCE

Maintaining appropriate independence is essential to the effectiveness of the internal audit function. Consequently, the Internal Audit Unit should maintain operational and managerial independence from the functions and activities it reviews. The Manager Corporate Assurance (Council’s nominated Chief Audit Executive) has direct access to the Chief Executive Officer, and the Audit Committee, and is authorised to independently meet with the Chairperson and other members of Council’s Audit Committee as required.


Attachment 1


The Manager Corporate Assurance and all staff (and contractors) within the Internal Audit Unit sign annual Independence and Conflict of Interest declarations to ensure ongoing independence and objectivity. 6 AUTHORITY AND CONFIDENTIALITY

Internal Audit are authorised to have full, free and unrestricted access to all functions, premises, assets, personnel, records, and other documentation and information that the Manager Corporate Assurance considers necessary to enable Internal Audit to meet its responsibilities. All records, documentation and information accessed in the course of undertaking internal audit activities are to be used solely for the conduct of these activities. The Manager Corporate Assurance and individual internal audit personnel are responsible and accountable for maintaining the confidentiality of the information they receive during the course of their work. The Manager Corporate Assurance and all staff (and contractors) within the Internal Audit Unit sign annual confidentiality declarations. 7 ORGANISATION STRUCTURE

The Internal Audit Unit is a distinct operating unit in the Corporate Assurance Branch within the Office of the CEO Directorate. The Manager Corporate Assurance reports to the Chief Executive Officer and Audit Committee for the planning and execution of internal audit services, and to the Chief Operating Officer for administrative matters. The Manager Corporate Assurance is responsible for maintaining appropriate resourcing of the Internal Audit Unit to enable it to discharge its responsibilities under this Charter.

8 ROLES AND RESPONSIBILITIES

The Internal Audit Unit’s primary responsibility is to provide independent and objective advice, assessment and recommendations to management and the Audit Committee in relation to governance, risk management, financial reporting and internal control matters. In the conduct of its activities, internal audit will play an active role in: Developing and maintaining a culture of accountability, integrity and adherence to

efficient and effective business practices and high ethical standards;

Developing and facilitating continuous improvement of Council’s internal control framework;


Attachment 1


Facilitating the integration of risk management into day-to-day business activities and processes; and

Promoting a culture of control cost-consciousness and self-assessment by management.

8.1 ASSURANCE ENGAGEMENTS

Internal audit will undertake assurance engagements with the following risk focus: Strategic risk

Emerging risk

Financial risk

Operational risk

Compliance risk

ICT risk

Fraud risk

Project risk

Financial reporting risk

8.2 ADVISORY SERVICES

Internal audit also provides specialist advice, guidance and consultation services to Management on a range of matters including:

Data analysis.

Risk and control insights and better practices.

Participating in Program / Project Steering Committees as specialist advisor.

Management requests for assistance.

Participating in organisational Working Groups and Governance forums.

Policy establishment and/or review advice.

Internal control design and cost-effectiveness.

8.3 AUDIT SUPPORT ACTIVITIES

The Internal Audit Unit is also responsible for a number of support activities including:

Assisting the Audit Committee to discharge its responsibilities.

Providing secretariat support to the Audit Committee.

Monitoring the implementation of internal and external audit recommendations.


Attachment 1


Disseminating better practice guidance and lessons learnt arising from internal and external audit activities.

Managing the audit function.

9 AUDIT PLANNING

Internal Audit adopts a risk based approach as mandated by the Institute of Internal Auditor’s International Standards for the Professional Practice of Internal Auditing (Standards), and ensures that the priorities of the internal audit activity are consistent with Council’s goals and objectives. The Annual Internal Audit Plan is developed based on Council’s audit-risk universe using a risk-based methodology, including input and collaboration with Senior Management, Audit Committee members, and external audit. The Manager Corporate Assurance will review and adjust the plan, as necessary, in response to changes in Council’s risks, operations, programs, systems and controls. Any significant deviation from the approved annual plan will be communicated to the Audit Committee though periodic activity and progress reports. The Annual Internal Audit Plan will be presented and submitted to the Audit Committee for its consideration and endorsement, in accordance with a timetable agreed with the Audit Committee. A five year strategic audit outlook will also be developed and considered as part of the Audit Committee’s endorsement of the annual program of work. The Manager Corporate Assurance will communicate the impact of resource limitations and any significant changes in the risk-profile, five year strategic audit outlook and annual plan to the Audit Committee. 10 STANDARDS AND BEST PRACTICE TOOLS

Internal Audit activities will be conducted in a manner consistent with the principles of the following professional standards and guidance:

The Institute of Internal Auditors ‘International Professional Practices Framework (IPPF).

The Information Systems Audit and Control Association.

Auditing and Assurance Standards Board.

Certified Practising Accountant (CPA) Australia.

Corporate Executive Board (CEB) Audit Leadership Council guidance.

Internal Audit activities will also be conducted in accordance with Council policies, procedures and values.


Attachment 1


In the conduct of internal audit work, internal audit personnel will comply with relevant professional standards of conduct and exercise due professional care in performing their duties. 11 RELATIONSHIP WITH EXTERNAL AUDIT

Internal Audit and External Audit are two distinct functions, and perform their own unique roles. The external audit of Council is performed by the Queensland Audit Office (QAO) or its nominated contractors. The QAO is governed by the Auditor-General Act 2009 which mandates the functions and powers necessary to carry out independent audits of the Queensland public sector and related entities.

The external auditors are responsible for certifying Council’s annual financial statements as to the accuracy and integrity of information, conformity with legislative and regulatory requirements, and assessing the adequacy of Council’s internal control environment and associated impact on Council’s financial statements.

Internal audit will establish and maintain an open relationship with the external auditors and any other assurance providers. Consistent with the internal audit strategy, internal audit will plan its activity to help ensure the adequacy of overall audit coverage and to minimise duplication of assurance effort. 12 REPORTING

Internal Audit will keep the Chief Executive Officer and the Audit Committee informed and up to date on the state of the organisation in regard to risk, control, governance, and the coordination and effectiveness of monitoring activities. The Manager Corporate Assurance will provide a progress report to each Audit Committee meeting covering the activities of the Internal Audit Unit, including:

Audit reports issued.

Progress in completing the annual audit plan

The status of management implementation of internal and external audit recommendations

Major advisory activities undertaken with management.


Attachment 1


13 QUALITY ASSURANCE AND IMPROVEMENT

The Manager Corporate Assurance is responsible for ensuring appropriate quality assurance and improvement processes are in place for the activities of the Internal Audit Unit. An annual self-assessment checklist will be completed by the Manager Corporate Assurance for discussion with the Audit Committee to facilitate continuous improvement of the internal audit function.

An independent review of the Internal Audit Unit will be undertaken at least every 5 years in accordance with the Institute of Internal Auditor’s Standards. The results of this review will be reported to the Audit Committee and the Chief Executive Officer. 14 ADMINISTRATIVE ARRANGEMENTS

14.1 STRUCTURE

The Audit Committee will be provided with prior notice of any proposed changes to the structure and/or positioning of the Internal Audit Unit. 14.2 NOMINATED CHIEF AUDIT EXECUTIVE

The Manager Corporate Assurance is Council’s nominated Chief Audit Executive as referred to in the Internal Audit Standards. The Audit Committee will be provided with prior notice of any changes to the Chief Audit Executive position, including the appointment or termination of the position holder. The Chief Executive Officer will consult the Audit Committee, via the committee Chairperson, in relation to the performance of the Manager Corporate Assurance. 14.3 REVIEW OF THE CHARTER

This Charter will be reviewed at least annually and endorsed by the Audit Committee. Any substantive changes will be formally approved by the Chief Executive Officer on the recommendation of the Audit Committee.

15 SUPPORTING DOCUMENTS

Document

Internal Audit Self-Assessment Checklist


Attachment 2



Effective from: September 2014 Contact officer: Manager Internal Audit Next review date: June 2015 File reference: LG964/171/01(P2) iSpot # This policy 22889471

Value Proposition 45685473 OBJECTIVES AND MEASURES

Objectives The objectives of this policy are to: Provide assurance and assist the CEO, management

and the Council of the City of Gold Coast (Council) in the effective discharge of their responsibilities, by furnishing them with analyses, appraisals, recommendations, counsel, reports and information concerning the activities reviewed and also, by promoting effective internal controls at reasonable cost;

Establish an internal, independent, professional audit assurance and advisory Internal Audit function1, which carries out an internal audit each financial year2;

To comply with the Local Government Act 2009 and the Local Government Regulation 2012 requirements for an Internal Audit function;

To establish the minimum duties of the most senior internal auditor (to be known as the Manager Internal Audit).

Performance measures Improved Risk Management

Improved Internal Controls

Improved Business Outcomes

Improved compliance with legislation and policies

% of IA recommendations completed within timeframe

% of planned Internal audits completed on time Risk assessment Low

POLICY STATEMENT Council of the City of Gold Coast (Council) has resolved to appoint an internal auditor, to be known as the Manager Internal Audit and to establish an Internal Audit function, managed by the Manager Internal Audit, which is comprised of suitably qualified and experienced

1 Local Government Act 2009 S105 (1) Each local government must establish an efficient and effective internal audit function

2 Local Government Regulation 2012 Section 207 (1) (b) For each financial year, a local government must carry out an internal audit


Attachment 2


council officers and contractors, as required to successfully action the approved internal audit program, as allowed by the budget resources allocated to the Internal Audit Branch. The role of the Internal Audit Function is to be in accordance with the attached Internal Audit Terms of Reference. Responsibilities include the review of Council’s risks, internal controls, efficiency, effectiveness, governance, performance and compliance. The most senior internal auditor (Manager Internal Audit) will make available to the Auditor-General information that may be required. The responsibilities of the Manager Internal Audit are to: Identify and assess the risks to which Gold Coast City Council’s operations and entities

are exposed, using Council’s Corporate Risk Register as appropriate, Prepare an internal audit plan based on the identified operational risks and relevant

accounting documents3 for each financial year and present to the CEO and Audit Committee for review,

Develop a work program for all internal audit activities of Gold Coast City Council, Comply with professional accounting and auditing standards in the conduct of internal

audit branch activities, Provide an internal audit progress report4, including control measures, the way the

internal audit was carried out, observations, recommendations and a summary of the CEO’s responses, actions and action dates to the Mayor, Chief Executive Officer and the Audit Committee, and

At least, twice each financial year, supply a summary of internal audit observations, action taken and action outstanding to the Mayor, Chief Executive Officer and Audit Committee.

The Manager Internal Audit and appointed Internal Auditors are authorised to review all areas of the Council, have full, free and unrestricted access to all Council’s activities, records (either manual or electronic), systems, property and personnel, when engaged in authorised Internal Audit activity. SCOPE The policy applies to all Council activities. Council activities include entities over which Council has direct ownership, management, sponsorship or financial control. The policy applies to all Council officers, contractors, the officers and Board members of related entities, involved in and with responsibility for contributing towards the achievement of Council’s objectives, asset management and reporting responsibilities. DEFINITIONS Audit - Traditionally used to refer to External Audits conducted by the Auditor General (QAO) or Internal Audits as conducted by the Internal Audit function in accordance with 3 Local Government Regulation 2012 Section 207 (1 and 2) Internal Audit and Plan.

4 Local Government Regulation 2012 Section 207 (3 and 4) Internal Audit Progress Report.


Attachment 2


legislation, professional accounting and auditing standards. The Objective is to express an opinion via a report or other communication to Council, management and in the case of QAO includes reports to the Queensland Parliament. Excludes Quality Assurance (QA) audits initiated by management to comply with Australian Standards Association or Industry Association rules and which is part of the Executive Management component of the Institute of Internal Auditors governance framework. Internal Audit - the assessment and evaluation of the control measures that the local government has adopted, or is to adopt, to manage the risks (operational risks) to which the local government’s operations are exposed.

Internal audit is an independent professional appraisal function established within Council to examine and evaluate its activities, including review of Council’s risks, internal controls, efficiency, effectiveness, governance, performance and compliance. The internal audit function, managed by the Manager Internal Audit, provides an opinion, using confidential reports to the Chief Executive Officer, Audit Committee, Mayor, Council and management on results of internal audits, particularly matters which need improvement.

The authority for establishing an Internal Audit function is contained within the Local Government Act 2009 Section 105 (1) and Council’s Internal Audit Policy and related Terms of Reference. External Audit - The audit service, which provides public reports to the State Parliament on matters described in the Auditor-General Act 2009 Queensland Audit Office (QAO) provides the external audit service for Council through the use of QAO officers and/or contract auditors.

Audit Committee - The audit committee, which provides professional advice and guidance to Council on risk management, external and internal audit related matters. The authority for establishing the Audit Committee is contained within the Local Government Act 2009 Section 105 (1) and Council’s Audit Committee Policy and related Terms of Reference. Institute of Internal Auditors Corporate Governance Framework - The Institute of Internal Auditors recognises four pillars of corporate governance, being:- Executive Management Internal Audit Function External Audit Function Board, Council, Audit Committee Council – Council of the City of Gold Coast RELATED POLICIES AND DELEGATIONS Audit Committee Policy and Charter. LEGISLATION Auditor-General Act 2009


Attachment 2


Local Government Act 2009 Local Government Regulation SUPPORTING DOCUMENTS Attachment A - Terms of Reference RESPONSIBILITIES Sponsor Chief Operating Officer Owner Manager Internal Audit VERSION CONTROL Document Date Approved

Amendment

22889471 v8 17.09.14 COO #45685473 Minor amendment to review date. 22889471 v7 14.03.13 Version 10.01.13 – 16.09.14 22889471 v6 06.02.13 iSpot #38908026 Version 01.07.10 – 10.01.13 22889471 v5 01.03.11 GA11.0216.004 Council endorsed version 20.01.10 –

01.07.10 22889471 v4 27.01.10 iSpot #26872894 Version 21.04.08 – 21.01.10 22889471 v3 16.05.08 Version 23.07.07 – 21.04.08 22889471 v2 16.05.08 Version 29.05.06 – 23.07.07 22889471 v1 16.05.08 Original version 01.08.05 – 29.05.06


Attachment 2

Internal Audit Policy Attachment A – Terms of Reference

COUNCIL OF THE CITY OF GOLD COAST INTERNAL AUDIT

TERMS OF REFERENCE

1. INTRODUCTION This Internal Audit Terms of Reference (IA TOR) establishes the authority and responsibilities conferred on Gold Coast City Council’s Internal Auditor (Manager Internal Audit) and the Internal Audit Function by the Council and explains the role of internal audit within Council. The Internal Audit Terms of Reference is an attachment to the Internal Audit Policy, established in accordance with the Local Government Act 2009 Section (1)” and the Local Government Regulation 2012, Part 11, Division 1 “Internal Audit Function”.

File Reference: LG964/171/01 CF – Internal Audit Policy

2. OBJECTIVES 2.1. Internal audit is an independent professional appraisal function established

within Council to examine and evaluate its activities, including review of Council’s risks, internal controls, efficiency, effectiveness, governance, performance and compliance.

2.2. The objectives of internal audit are to provide assurance and assist management and the Council in the effective discharge of their responsibilities by furnishing them with analyses, appraisals, recommendations, counsel, reports and information concerning the activities reviewed and by promoting effective internal controls at reasonable cost.

3. INTERNAL AUDIT BRANCH’S POSITION WITHIN COUNCIL 3.1. Administratively, the Internal Audit Branch is managed by the Manager, Internal

Audit.

3.1.1 The Internal Audit Branch reports to the Manager Internal Audit,

3.1.2 The Manager Internal Audit reports to the Audit Committee, an advisory committee appointed by the Council, for professional advice, functional issues and performance oversight.

3.1.3 The Manager Internal Audit reports to the Chief Executive Officer for operational and performance management, including review of Internal Audit Branch achievement of the approved internal audit plan.

3.2 The Manager Internal Audit is to meet with and provide reports to the Audit Committee at least quarterly. Additional meetings may be initiated by the Chairperson of the Audit Committee, the Chief Executive Officer or by the Manager Internal Audit.

3.3 Regular meetings between the Audit Committee Chairman, Mayor and Manager Internal Audit shall occur as required.


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3.4 To respond to the needs of executive management and to ensure a broad range of internal audit coverage and adequate consideration of the internal audit observations and recommendations, the Manager Internal Audit is to have full and independent access to the Chief Executive Officer. The Manager Internal

Audit and Internal Auditor Officers within the Internal Audit Branch shall meet with the Chief Executive Officer regularly.

4 AUTHORITIES 4.1 The Manager Internal Audit and Internal Auditor Officers and/or Contractors

reporting to the Manager Internal Audit are authorised to review all areas of the Council and to have full, free and unrestricted access to all Council’s activities, records (either manual or electronic), systems, property, and personnel, when engaged in authorised Internal Audit activity. 4.1.1 Council activities include entities over which Council has direct

ownership, management, sponsorship or financial control.

4.1.2 Council officers, including Directors and Managers do not have authority to refuse access to data, systems or officers when the Manager Internal Audit, Internal Auditors or Queensland Audit Office External Auditors seek such access when conducting their authorised audits, reviews or investigations.

4.2 All officers must cooperate fully in making available any material, system or information requested by the Manager Internal Audit or any Internal Auditor.

4.3 Further, all officers are expected to promptly bring to the attention of the Manager Internal Audit any suspected situation involving improper activity or non-compliance with applicable policies, plans, procedures, laws or regulations, of which they have knowledge. This does not replace any requirements described within Council’s Code of Conduct.

4.4 It is the policy of Council that all internal audit activities remain free of influence by any organisational elements. This will include such matters as scope of audit programs, the frequency and timing of examinations and the content of internal audit reports.

4.5 Other Council Policies, Guidelines and documents must not contradict the authorised access by Council’s Internal Auditors as expressed in the Internal Audit Policy and Internal Audit Terms of Reference. In the event of any conflict the CEO’s decision is final.

5 INDEPENDENCE 5.1 Independence is essential for effective operation of the internal audit function,

whether the audit is conducted by an Internal Audit officer, or an Internal Audit contractor appointed by the Manager Internal Audit.


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5.1.1 The Manager Internal Audit or Internal Auditor must have no direct responsibility or any authority over any of the activities reviewed.

5.1.2 Internal Auditors (whether Council officers or contractors) should not develop or install procedures, prepare records, make management decisions, or engage in any other activity which could be reasonably seen to compromise their independence and objectivity.

5.1.3 However, in connection with the complementary objectives of this internal audit function, Internal Auditors will recommend policies, procedures or systems or amendments of policies, procedures or systems for approval and implementation by appropriate management officers and units.

5.1.4 Internal Audit may be required to participate on and contribute to steering committees established for the purpose of reviewing or implementing projects5. This participation will be an advisory role only.

5.2 All operational areas included within the Internal Audit Branch will be independently audited using external resources.

5.3 It should be emphasised that internal audit review and appraisal does not in any way substitute for other activities or relieve management of any responsibilities assigned to them.

6 SCOPE OF INTERNAL AUDIT ACTIVITIES 6.1 The scope of internal audit encompasses the assessment, examination and

evaluation of the adequacy and effectiveness of the Council’s system of internal control, including operational risk management and the quality of Council’s performance in carrying out assigned responsibilities. It includes, but is not necessarily limited to, the following:

6.1.1 Reviewing the reliability and integrity of financial and operating information and the means used to identify measure, classify, and report such information.

6.1.2 Reviewing the systems established to ensure compliance with those policies, plans, procedures, laws and regulations which could have a significant impact on operations and reports and whether the organisation is in compliance.

6.1.3 Reviewing the means of safeguarding assets and, where appropriate, verifying the existence of such assets.

6.1.4 Reviewing and appraising the economy, efficiency and effectiveness with which resources are employed, identify opportunities to improve operating performance, and recommend solutions to problems where appropriate.

5 Internal Auditors’ participation on working groups or steering committees is an advisory role.


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6.1.5 Reviewing operations or programs to ascertain whether results are consistent with established objectives and goals and whether the operations or programs are being carried out as planned.

6.1.6 Coordination of audit work with External Auditors to ensure completeness of coverage, reduction of redundant effort and the effective use of audit resources.

6.1.7 Participate in steering committees or otherwise in the planning, design, development, implementation and operation of major computer-based and other systems to determine whether:

(i) Adequate controls are incorporated in the systems

(ii) Thorough system testing is performed at appropriate stages

(iii) System documentation is complete and accurate;

(iv) The needs of the user are met.

(v) Internal Controls appropriately reflect the system capabilities.

6.1.8 Conduct periodic internal audits of computer service centres and assistance in post-installation evaluations of major data processing systems to determine whether these systems meet their intended purposes, requirements and objectives.

6.1.9 Review compliance with the Council’s guidelines for ethical business conduct and see that the highest standards of personal and Council performance are met.

6.1.10 Develop the Three (3) Year and Annual Internal Audit plans, based on operational risk evaluation, relevant accounting documents6 and whole of Council activity and submit these to the Audit Committee for their review, modification and recommendation for approval.

6.1.11 To conduct special internal audit projects as directed or approved by the Chief Executive Officer or recommended by the Audit Committee or as documented in an amended Internal Audit Plan, with observations reported to the Audit Committee. In certain circumstances/emerging needs the CEO may amend the Internal Audit plan with a report back to the next meeting of the Audit Committee where necessary.

6.1.12 To conduct minor special internal audit projects as requested by management and approved by the Chief Executive Officer and report observations to management and the Audit Committee.

6.1.13 To follow up the implementation of internal audit recommendations and to provide an accurate report to the Chief Executive Officer and the Audit Committee on the status of implementation of all recommendations, including a summary of recommendations, a summary of actions taken and a summary of actions that have not been taken7.

6 Local Government Regulation 2012 Section 207(2)

7 Local Government Regulation 2012 Section 207 (1) (c)


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6.1.14 To inform, educate and mentor Council officers and Councillors on the role of Internal Audit especially the potential benefits, which are possible with a sound Internal Audit function, which advocates strong Internal Controls, effective governance arrangements and excellent financial management practices.

6.2 The scope of the internal audit function extends to include all Directorates, programs, sub-programs, functions, funded schemes, interests and entities over which Council has direct management, sponsorship or financial control.

6.3 Any dispute relating to whether an activity falls within the scope of Council’s internal audit function, or access to records, information or officers is provided, shall be determined by the Chief Executive Officer and may be referred to the Audit Committee.

6.4 Prepare an internal audit progress report for each financial year, which includes8

6.4.1 The control measures that the local government has adopted that were assessed by the internal audit; and

6.4.2 The way in which the internal audit was carried out; and

6.4.3 The observations of the person carrying out the internal audit, including, for example, whether the person considers that the control measures have been successful in managing the risks to which they relate; and

6.4.4 Any recommendations of the person who conducted the audit about –

(i) any action that may be taken to improve the success of the control measures; or (ii) alternative control measures that the local government may adopt for managing the risks that the local government’s operations are exposed to and the action that may be taken to give effect to the alternative control measures; and

6.4.5 a summary of the chief executive officer’s response to the internal audit including—

(i) the action the local government intends to take in response to the recommendations mentioned in paragraph (d); and

(ii) when the action is intended to be taken; and

6.4.6 a summary of the actions taken by the local government in response to the recommendations in the internal audit progress reports for the preceding 2 financial years.

7 RESPONSIBILITY FOR DETECTING AND REPORTING IRREGULARITIES 7.1 The Internal Audit Branch is not legally or professionally responsible for

preventing irregularities (which include fraud, other illegal acts and errors).

7.2 The responsibility for prevention of irregularities rests with Council and 8 Local Government Regulation 2012 Section 207 (1) (c), (2) (c), (3)


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management through the implementation and continued operation of an adequate internal control system. Internal Auditors are responsible for examining and evaluating the adequacy and the effectiveness of actions taken by management to fulfil this obligation.

7.3 However, in exercising due professional care, the Manager Internal Audit and Internal Auditors should be alert to the possibility of irregularities and those conditions and activities where irregularities are most likely to occur. Due care implies reasonable care and competence, not infallibility, nor extraordinary performance. It requires Internal Auditors to conduct examinations and verifications to a reasonable extent.

7.4 The Manager Internal Audit has a responsibility to report irregularities to the Chief Executive Officer and the Audit Committee.

7.5 The Chief Executive Officer is Responsible for reporting any irregularities according to the provisions of The Local Government Act, The Criminal Justice Act and any other statutory regulations that may come into force from time to time.

8 INTERNAL AUDIT APPROACH 8.1 Internal Audit will adopt a risk based approach to allocating resources and

planning, after considering the audit environment and an appropriate audit cycle at Council.

8.2 Risk Profile, Three (3) Year and Annual Internal Audit plans

8.2.1 Internal Audit, in consultation with management, will develop a risk profile for each potential auditable area within Council so that more audit attention can be directed to areas of higher risk.

8.2.2 Based on the risk assessment, the general direction of Council’s internal audit activities over the medium term is to be documented in a Three (3) Year Internal Audit plan. The Internal Audit Plan shall be reviewed, modified and recommended by the Audit Committee.

8.2.3 At the beginning of each year, by reference to the Three (3) Year Internal Audit plan, an Annual Internal Audit plan and associated financial budget is prepared and forwarded to the Audit Committee for review, recommendation and adoption by Council.

8.2.4 The Annual Audit plan may include financial, systems, computer, compliance and operational audits.

8.2.5 That the Chief Executive Officer be granted authority to amend the Internal Audit Plans from time to time, subject however to prior consultation with the AAC Chair.

8.2.6 That where the Chief Executive Officer amends the Internal Audit Plans, the amended plans be tabled at the next Audit Committee meeting, for subsequent reporting to Council.


Attachment 2


8.3 Audit Standards The internal audit function will be carried out in accordance with appropriate professional standards, including those issued as below:

The Institute of Internal Auditors’ Standards for the Professional Practice of Internal Auditing, Statement of Responsibilities, Statements on Internal Auditing Standards and Code of Ethics (www.iia.org.au);

The Information Systems Audit and Control Association’s Statements on Information Systems Auditing Standards; (http://www.isaca-canberra.org.au);

Australian Accounting Standards Board (www.aasb.com.au);

Auditing and Assurance Standards Board (www.auasb.gov.au);

FRC (Financial Reporting council) (www.frc.gov.au) (from 1 July 04)

CPA Australia (www.cpaaustralia.com.au)10;

ICAA – Institute of Chartered Accountants in Australia (www.icaa.org.au);

NIA – National Institute of Accountants (www.nia.org.au)

9 REPORTING ACCOUNTABILITY 9.1 Internal Audit Reports

9.1.1 A preliminary (or draft) internal audit report shall be prepared as soon as possible after the completion of an internal audit.

9.1.2 The Operational Manager receiving the preliminary internal audit report will respond within ten (10) working days. This response will indicate what actions were taken or are planned in regard to the specific observations and recommendations in the draft internal audit report and a timetable for the anticipated completion of these actions will be included.

9.1.3 A final internal audit report will be prepared and issued by the Internal Audit Branch and will include comments and action plans by the Operational Manager where appropriate.

9.1.4 The report will be addressed to the relevant Operational Manager(s) and copies provided to the Chief Executive Officer, the Director of the Operational Manager. An indication will be given as to whether the person receiving the report should be taking action or securing action in relation to the report, or merely receiving the report for information.

9.1.5 A copy of the final reports will also be forwarded to the Audit Committee members. The draft reports may also be provided to the Audit Committee where the Manager Internal Audit considers this to be appropriate.

9 CPA Australia & ICAA websites re material issued prior to 2001

10 CPA Australia & ICAA websites re material issued prior to 2001


Attachment 2


9.1.6 The Manager Internal Audit may advise the Auditor-General, Queensland Audit Office, about any audit observation.

9.1.7 The Internal Audit reports (whether a draft or a final version) must be treated as a confidential document under the Local Government Act Sections 171(3) and 200(9) and must remain confidential.

9.2 Quarterly Report The Manager Internal Audit shall be responsible for providing a summary of audit observations, action taken and action outstanding to the Audit Committee quarterly, with copies to the Mayor, the Chief Executive Officer, the appropriate operational managers and the appropriate Operational Director and the External Auditors.

However, any observation deemed to be significant in the operation of the Council should be immediately brought to the attention of the Chief Executive Officer and the Audit Committee members.

A copy of the report will also be forwarded to the Councillors as requested.

9.3 The Audit Committee and Chief Executive Officer must be given 11—

(a) the internal audit progress report; and

(b) at least twice during the year after the internal audit is carried out, each of the following documents—

(i) a summary of the recommendations stated in the report;

(ii) a summary of the actions that have been taken by the local government in response to the recommendations;

(iii) a summary of any actions that have not been taken by the local government in response to the recommendations.

9.4 All internal audit reports/attachments must be deemed confidential documents and

be treated as such in accordance with sections 171 (3) and 200 (9) of the Local Government Act 2009 and that the document remain confidential unless Council decides otherwise by resolution.

considered in Closed Session under Section 275 (1) of the Local Government Regulation 2012 for the reason that the matter involves (h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.

10 MANAGEMENT’S RESPONSIBILITY FOR CORRECTIVE ACTION 10.1 The Operational Manager is responsible for seeing that corrective action on

recommendations made or deficient conditions reported by Internal Audit or the Queensland Audit Office relating to Internal or External audits is taken within

11 Section 207 (3 (4)) Local Government Regulation 2012


Attachment 2


thirty (30) days from receipt of the final audit report, or within the agreed management action plan if the proposed finalisation date is longer than 30 days.

10.2 If the Operational Manager foresees difficulties implementing the recommendations within the agreed time frame (as described in the agreed management action plan presented to the Audit Committee), the manager should immediately advise the Manager Internal Audit regarding the cause of delay and the revised implementation schedule. There is an opportunity to revise the date on one occasion only. The revised date will be incorporated within future reporting to the Chief Executive Officer and the Audit Committee. If the revised date is not met, the recommendations will be considered to be outstanding and will be reported to management, the Chief Executive Officer and the Audit Committee on this basis.

10.3 Upon completion of the corrective action, a written report should be sent by the Operational Manager to their Director and a copy be sent to the Manager Internal Audit Branch for information and update of the Audit Recommendations database.

10.4 The Director is ultimately responsible for effective and timely action and responses on all Internal Audit observations and recommendations.

11 QUALITY ASSURANCE In order to ensure that the quality of Internal Audit work is consistently maintained at a

high standard, the Manager Internal Audit should establish and maintain an Internal Audit Branch quality assurance program. This program is to include:

Development of a comprehensive Internal Audit Branch methodology and reporting arrangement

Maintenance of a regular review of internal audit plans, reports, recommendations, issues and working papers

Maintenance of effective communication links with the Audit Committee members, Chief Executive Officer, Directors, Managers, the Queensland Audit Office (or its contract auditor)

Arrange and provide ongoing Internal Audit Branch staff training and continuing professional development as appropriate

Issue necessary oral and written directions and maintain written policies and procedures to assist and direct Internal Audit staff and contractors in the performance of their duties, as described in authorised Position Descriptions; and

Arrange for external peer review of the operation of the Internal Audit Branch activity, in accordance with the Internal Audit Methodology.


ITEM 8 OFFICE OF THE CHIEF EXECUTIVE OFFICER AUDIT COMMITTEE POLICY AND CHARTER - 2015 REVIEW LG964/171/02(P1)# Refer Attachment 1: Revised Audit Committee Policy and Audit Committee Charter (16 pages) 1 BASIS FOR CONFIDENTIALITY Not Applicable. 2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT This report seeks adoption of the revised Audit Committee Policy and Audit Committee Charter as recommended by the Audit Committee at its most recent meeting of 23 November 2015. 4 PREVIOUS RESOLUTIONS GA13.0801.006 in part That Council approve the revised Audit Committee Policy and Audit Committee Charter provided as Attachment 1 to this report. 5 DISCUSSION The Local Government Act (2009) and its supporting regulation require Council to establish an Audit Committee, and stipulate requirements relating to the Audit Committee's role, responsibilities, operations, membership and reporting obligations. The Audit Committee Policy and Charter have been in existence for some time and have been updated regularly to reflect changes in legislation. The committee is also required to undertake an annual review of the Charter to ensure it continues to reflect leading practices. The committee has undertaken its annual review of the existing Audit Committee Policy and Charter, which incorporated:

consideration of leading practices in the operation of public sector audit committees;

feedback from existing audit committee members;

legislative requirements included in the Local Government Act (2009) and supporting regulation;

formatting and content requirements of Council's new policy template; and

a review of terminology to reflect generally accepted and legislative terminology. At its most recent meeting of 23 November 2015, the Audit Committee endorsed (AC15.1123.018), the revised Audit Committee Policy and Audit Committee Charter for recommendation to Council via the Governance, Administration and Finance Committee. The Audit Committee resolved as follows:

2 That the Audit Committee notes the final version of the Audit Committee Charter updated in September 2015 and endorses the Audit Committee Charter to be formally approved by the Chief Executive Officer for submission to Council.


ITEM 8 (Continued) AUDIT COMMITTEE POLICY AND CHARTER- 2015 REVIEW LG964/171/02(P1) The revised Audit Committee Policy and Audit Committee Charter with mark-ups are attached to this report (Attachment 1). 6 ALIGNMENT TO BOLD FUTURE VISION, CORPORATE PLAN, OPERATIONAL

PLAN The Audit Committee supports achievement of the following Corporate Plan outcome:

We Manage the City responsibly 7 COMMONWEALTH GAMES IMPACT Not Applicable. 8 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations Funding for the operation of Council's Audit Committee is approved within

Responsibility Centre CE8120 – Corporate Assurance, Budget Centre CE8120O008 - Audit Committee. The revised Audit Committee Policy and Charter have no budget/funding impacts.

Costs for Capital Works and Service Proposals

Not Applicable. In accordance with the budget review guidelines the following circumstances require referral to the Corporate Governance & Finance Committee Not Applicable. People and Culture Not Applicable. 9 RISK MANAGEMENT Council's Audit Committee promotes good corporate governance through the provision of independent assurance, oversight and advice to Council and the Chief Executive Officer on matters relating to risk management, internal control, governance, compliance, audit and financial reporting. 10 STATUTORY MATTERS Section 105 of the Local Government Act (2009) requires all Council's to establish an Audit Committee. Section 105 of the Local Government Act (2009) and Chapter 5 (Part 11) of the Local Government Regulation (2012) outline additional requirements in relation to the role, operation, responsibilities, membership and reporting obligations of an audit committee. The above legislative requirements have been incorporated into the revised Audit Committee Policy and Audit Committee Charter.


ITEM 8 (Continued) AUDIT COMMITTEE POLICY AND CHARTER- 2015 REVIEW LG964/171/02(P1) 11 COUNCIL POLICIES Audit Committee Policy and Charter 12 DELEGATIONS Not Applicable. 13 COORDINATION & CONSULTATION The following stakeholders have been involved in the revision of Council's Audit Committee policy. Name and/or Title of the Stakeholder Consulted



Audit Committee members Members Yes (Attachment 1)

Dale Dickson, Chief Executive Officer

OCEO Yes


Not Applicable.


Not Applicable.

14 STAKEHOLDER IMPACTS External / community stakeholder Impacts No impacts expected - Once adopted the revised Audit Committee Policy and Audit

Committee Charter will be published on Council's website. Internal (Organisational) Stakeholder Impacts No impacts expected - internal communication via Intranet only. 15 TIMING The revised Audit Committee Policy and Charter will come into effect once approved by Council.


ITEM 8 (Continued) AUDIT COMMITTEE POLICY AND CHARTER- 2015 REVIEW LG964/171/02(P1) 16 CONCLUSION At its most recent meeting on 23 November 2015, the Audit Committee reviewed and recommended Council adoption of a revised Audit Committee Policy and Audit Committee Charter.

The revised Audit Committee Policy and Charter reflect, wherever possible, contemporary leading practice principles for the operation of public sector audit committees, as published by the Australian National Audit Office (ANAO), Queensland Treasury, the Institute of Internal Auditors Australia (IIA), and others. 17 RECOMMENDATION It is recommended that Council resolves as follows: That Council adopt the revised Audit Committee Policy and Audit Committee Charter provided as Attachment 1 to this report. Author: Authorised by:

Grant Mather Dale Dickson Manager Internal Audit Office Chief Executive Officer 26 November 2015

TRACKS REF: 52161555 COMMITTEE RECOMMENDATION GA15.1208.008 moved Cr Crichlow seconded Cr Owen-Jones That Council adopt the revised Audit Committee Policy and Audit Committee Charter provided as Attachment 1 to this report.

CARRIED

710th Council Meeting 11 December 2015 111 Governance Administration & Finance Committee Meeting 8 December 2015 Adopted Report ITEM 8 (Continued) AUDIT COMMITTEE POLICY AND CHARTER- 2015 REVIEW LG964/171/02(P1)

Attachment 1

Audit Committee Policy

Printed copies are uncontrolled. It is the responsibility of each user to ensure that any copies of policy documents are the current issue

Page 111 of 182


Effective from: 06/08/2013 Contact officer: Grant Mather Manager Corporate Assurance Next review date: 06/08/2015December 2017 File reference: LG964/171/02(P1) iSpot reference: Policy #22888848 Value Proposition #41287460

OBJECTIVES AND MEASURES

Objectives This policy and the attached Audit Committee Charter, outline the purpose, operation and reporting obligations of the Council of the City of Gold Coast (Council) Audit Committee.

Performance Measures Audit Committee performance self -assessment every two years

Risk assessment Low

POLICY STATEMENT Council’s Audit Committee is to operate in accordance with the requirements of the Local Government Act 2009, Local Government Regulation 2012, and Audit Committee Charter (Attachment A). The Audit Committee has authority to review and make recommendations to Council on any matters within the scope of its responsibilities, as outlined in the Audit Committee Charter. The Audit Committee is to operate in accordance with the Local Government Act 2009, Local Government Regulation 2012, and Council’s Audit Committee Charter (Attachment A). SCOPE This policy applies to the operations and activities of the Council and its controlled entities. The scope of the Audit Committee's assurance, oversight and advisory responsibilities is outlined in the Audit Committee Charter (Attachment A). DEFINITIONS Audit Committee - an advisory committee of Council consisting of councillor and independent external members charged with providing assurance, oversight and advice to Council and the Chief Executive Officer in relation to the operations of the City of Gold Coast and its controlled entities. Charter - a document which outlines the role, responsibilities, operational requirements and reporting obligations of the audit committee.


Attachment 1

Audit Committee Policy

Printed copies are uncontrolled. It is the responsibility of each user to ensure that any copies of policy documents are the current issue

Page 112 of 182

Independent external member - a professional, experienced individual appointed to the audit committee by Council, who is independent of Council and councillors. Council – Council of the City of Gold Coast RELATED POLICIES AND DELEGATIONS Internal Audit Policy LEGISLATION Local Government Act 2009 Local Government Regulation 2012 SUPPORTING DOCUMENTS Appendix Attachment A: Audit Committee Charter RESPONSIBILITIES Sponsor Chief Executive Officer Owner Manager Internal AuditCorporate Assurance Office VERSION CONTROL Document Date Approved

Amendment

V13 V12 2013-14 06/08/13 GA13.0801.006/ G13.0806.026 Major Review V11 2012-13 10/01/13 iSpot 38908059 Minor V10 2012 30/06/12 iSpot 37254510 Minor V9 2012 22/06/12 GA12.0619.011/G12.0622.018 Minor V8 2011 – 12 17/10/11 GA11.1012.008/G11.1017.014 Minor V7 2010 - 11 16/02/11 GA11.0216.004 Minor V6 2010 20/01/10 20.1.2010 Minor V5 2008-10 21/04/08 G08.0421.018 Minor V4 2007-08 23/07/07 G07.0723.019 Minor V3 2006-07 29/05/06 G06.0529.017 Minor V2 2004 – 06 18/10/04 G04.1018.037 Minor V1 2004 #22888848

10/09/04 G04.0910.009 Minor


Audit Committee Policy Appendix Attachment A – Audit Committee Charter

Audit Committee Charter

August December 2015 2013



AUDIT COMMITTEE CHARTER

Table of contents AUDIT COMMITTEE CHARTER ................................................................................................................. 114

1 Purpose ............................................................................................................................................. 116

2 Legislative Mandate ......................................................................................................................... 116

3 Objective ........................................................................................................................................... 116

4 Scope ................................................................................................................................................ 116

5 Authority ........................................................................................................................................... 116

6 Independence ...................................................................................................................................... 117

7 Reporting Line .................................................................................................................................. 117

8 Composition ..................................................................................................................................... 117

9 Appointments and Tenure .............................................................................................................. 118

10 Chairperson ...................................................................................................................................... 118

11 Committee Responsibilities ............................................................................................................ 118

11.1 Fraud and Corruption Control ................................................................................................... 118

11.2 Risk management ..................................................................................................................... 119

11.3 governance and Internal control .............................................................................................. 119

11.4 Legislative and policy compliance ........................................................................................... 120

11.4 Internal audit ............................................................................................................................ 120

11.6 External audit ........................................................................................................................... 121

11.6 Financial statements and reporting ......................................................................................... 122

12 Member Responsibilities ................................................................................................................ 123

13 Reporting .......................................................................................................................................... 123

13 Administrative Arrangements ........................................................................................................ 124

13.1 General .................................................................................................................................... 124

13.2 Meetings .................................................................................................................................. 124

13.3 Attendance at meetings and quorums ..................................................................................... 124

13.4 Agenda papers and minutes .................................................................................................... 124

13.5 Conflicts of Interest .................................................................................................................. 125

13.6 Performance review and assessment ..................................................................................... 125



13.7 Induction of new members ...................................................................................................... 125

13.8 Review of charter ..................................................................................................................... 126

14 Supporting Documents ................................................................................................................... 126

15 Charter Sign-off ................................................................................................................................ 126



1 PURPOSE

This charter sets out the objectives, authority, responsibilities, composition, tenure, reporting and administrative arrangements associated with the Audit Committee of the Council of the City of Gold Coast (Council).

2 LEGISLATIVE MANDATE

The Audit Committee is an advisory committee of Council, established and governed in accordance with the Local Government Act 2009 and Local Government Regulation 2012, which require each local government to establish an Audit Committee. 3 OBJECTIVE

The primary objective of the Audit Committee is to promote good corporate governance through the provision of independent assurance, oversight and advice to Council and the Chief Executive Officer on matters relating to fraud control, risk management, internal control, governance, compliance, audit, financial statement preparation and financial reporting. 4 SCOPE

The scope of the Audit Committee's responsibilities under this charter include the operations and activities of the Council and, including its controlled entities. 5 AUTHORITY

The Audit Committee has authority to review and make recommendations to Council on any matters within its scope of responsibility as outlined in this charter. In doing so the committee is empowered to:

Seek any information it requires from management and staff, all of whom are required to cooperate with the committee's requests.

Meet and discuss matters with council officers, internal auditors and external auditors as required.

Seek resolution of any disagreements between management and the external auditors regarding audit matters and the financial statements.

Request the attendance of any employee, including the Chief Executive Officer, at formal committee meetings.

�

As an advisory committee of Council, the Audit Committee is independent of management and does not have any executive powers, delegated responsibility or authority to implement actions over which management has responsibility.



6 INDEPENDENCE

As an advisory committee of Council, the Audit Committee is independent of management and does not have any executive powers, delegated responsibility or authority to implement actions over which management has responsibility. The committee needs to liaise closely with management and internal and external auditors to carry out its responsibilities.

Whilst the primary responsibility for financial and other reporting, internal control and compliance with laws, regulations and ethics within Council rest with management, the Audit Committee exercises a monitoring, oversight and review role. 67 REPORTING LINE

The Audit Committee will report to Council via the standing committee of Council charged with overseeing governance and financial management matters. 78 COMPOSITION

The composition of the Audit Committee will be comprise five members, being:

the Mayor;

one other Councillor nominated by Council (normally the chair of the standing committee to which the Audit Committee reports); and

from one to four three independent external members as determined appointed by Council.

Council may resolve from time to time to change the composition of the Audit

Committee.

The members, taken collectively, will have a broad range of skills and experience relevant to the committee’s responsibilities. At least one member will have significant accounting or related financial management experience with an understanding of accounting and auditing standards in a public sector environment. The Chief Executive Officer cannot be a member of the Audit Committee, but is a standing invitee to committee meeting, as is Council’s nominated Manager Corporate Assurance. Other management and staff are invited to attend meetings as required. A representative of the Queensland Audit Office (or its nominated contract audit firm) will be invited to attend meetings of the committee and to contribute where relevant and appropriate.



89 APPOINTMENTS AND TENURE

Council will appoint Councillor members will be appointed to the committee for the full council term unless otherwise determined by Council. Independent external members will be recruited via a publicly advertised merit based selection process, and will be appointed for the period determined by Council - generally between two and four years. Appointments of external members to the committee will be staggered to ensure appropriate continuity and succession planning. External members may be reappointed recommended for appointment for subsequent a second terms following a review of their performance by the Chief Executive Officer. External members generally may only serve on the committee for a maximum of two consecutive periods council terms, unless otherwise determined by Ccouncil. Council will remunerateRemuneration of external independent members of the committee is set by Council in recognition of the skills and experience, time commitment and responsibilities assumed and required to fulfil of fulfilling the role. 910 CHAIRPERSON

Council will nominate one of the independent external members as the committee chairperson. The chairperson will receive additional remuneration as determined by Council in recognition of the additional time and responsibilities associated with this role. Rotation of the chairperson will occur so as to ensure appropriate continuity and succession planning. 1011 COMMITTEE RESPONSIBILITIES

The Audit Committee will provide oversight, monitoring and review activities fulfill in the following responsibility areas on behalf of Council: 11.1 FRAUD AND CORRUPTION CONTROL

Monitor whether management has in place a current and comprehensive fraud and corruption control strategy, including Council’s policy, plan, actions and targets.

Monitor the process of developing and implementing fraud and corruption control arrangements including mechanisms in place to identify, assess and manage fraud and corruption risks.

Consider reports on fraud and/or corruption that outline any identified allegations of fraud and/or corruption, the status of significant investigations and any changes to identified fraud and/or corruption risk profiles.



Determine whether there are adequate responsibility structures in place, with roles, responsibilities and accountabilities clearly defined.

Determine the adequacy of fraud and/or corruption reporting systems and reporting to capture, monitor and report on fraudulent and/or corrupt activities including Public Interest Disclosures in an efficient, effective and timely manner.

10.1 11.2 RISK MANAGEMENT

Monitor whether management has in place a current and comprehensive enterprise risk management framework and associated procedures for effective identification, assessment and management of key business and financial risks., including fraud risks.

Determine whether a sound and effective approach has been followed in managing key risks including those associated with major projects, programs, services and activities.

Consider reports on changes in the corporate and directorate risk profile, including consideration of emerging risk areas.

Determine whether a sound and effective approach has been followed in establishing business continuity planning and disaster management arrangements, including whether business continuity and disaster recovery plans have been periodically updated and tested.

Monitor the process of developing and implementing fraud control arrangements including mechanisms in place to prevent, detect and effectively respond to fraud and corruption.

Consider reports on fraud that outline any identified allegations of fraud, the status of any ongoing investigations and any changes to identified fraud risk profile.

Consider risk and probity matters associated with significant procurement activities.

10.211.3 GOVERNANCE AND INTERNAL CONTROL

Monitor whether management’s approach to maintaining an effective internal control framework, including external parties such as contractors, suppliers, business partners and advisers, is sound and effective.

Consider how management identifies any required changes to the design or implementation of key internal controls.

Monitor whether management has taken steps to embed a culture that promotes the proper use of council resources and is committed to ethical and lawful behaviour.



Understand the scope of internal and external auditors' review of internal controls, and obtain reports on significant findings and recommendations, together with management's responses.

Periodically review Council’s governance arrangements or elements of the arrangements as determined by the committee and suggest improvements, where appropriate, to the Chief Executive Officer.

Review and consider the relevance of better practice guidance and reports released by external review agencies.

Recommend governance and internal control improvements for management consideration.

10.311.4 LEGISLATIVE AND POLICY COMPLIANCE

Consider whether management has in place relevant policies and procedures, and that these are periodically reviewed and updated.

Monitor the effectiveness of the system and structure for ensuring for monitoring compliance with laws and regulations.

Review the findings of any examinations by external regulatory agencies, and monitor management’s implementation of improvement recommendations.

Monitor the process for communicating the code of conduct to council personnel, and for monitoring compliance therewith.

Obtain regular updates from management and company Council’s legal counsel regarding compliance matters.

Determine whether management has appropriately considered legal and compliance risks as part of Council’s enterprise risk management plan.

Monitor compliance with relevant regulations for Council’s activities including statutory regulations for Council’s controlled entities.

1011.4 INTERNAL AUDIT

Review and endorse the risk-based annual Internal Audit Plan and 3 year strategic audit plan prepared by the Internal Audit OfficeUnit, and monitor implementation of Internal Audit Plan.

Contribute to the development of internal audit plans and resourcing through participation in annual planning workshops. �

Monitor the activities, staffing levels, independence and organisational placement of the internal audit function.



Review internal audit progress reports for preceding financial years and monitor management’s progress in addressing internal audit recommendations and agreed actions.

Monitor the effectiveness of the internal audit function, with reference to the Institute of Internal Auditors' International Professional Practices Framework for Internal Auditing.

Review internal audit reports and provide advice to the Chief Executive Officer on significant issues identified in audit reports and action to be taken, including identification and dissemination of good practice.

Audit Committee members shall receive prior notice of the appointment/termination of the Manager, Internal AuditCorporate Assurance.

As required, meet separately with the Manager, Corporate Assurance Internal Audit to discuss any matters that the committee or Internal Audit believe should be discussed.

Review internal audit reports and provide advice to the Chief Executive Officer on significant issues identified in audit reports and action to be taken, including identification and dissemination of good practice.

Review the Internal Audit Charter annually to ensure appropriate authority, access and reporting arrangements remain in place.

10.511.6 EXTERNAL AUDIT

Review the external auditor’s proposed audit scope, approach and client strategy for the ensuing year, including coordination of audit effort with internal audit.

Review Auditor-General’s audit reports and observation reports relating to council’s to interim and final audit, including management’s response to external audit recommendations.

Provide input and feedback on financial statement and performance audit coverage proposed by external audit, and provide feedback on the audit services provided.

Review Auditor-General’s observation reports issued to Council’s controlled entities.

As required, meet separately with the external auditors to discuss any matters that the committee or auditors believe should be discussed.

Monitor and review the effectiveness, independence and objectivity of Council’s external auditors, being the Queensland Audit Office or its nominated contractors.

Provide advice to the Chief Executive Officer on action to be taken on significant issues raised in relevant external audit reports or better practice guides.



Monitor sector wide Auditor-General reports, including management’s response to those with relevant observations and recommendation for Council.

1011.6 FINANCIAL STATEMENTS AND REPORTING

Monitor progress against agreed financial statement preparation and auditing milestones.

Review Council’s draft annual financial statements prior to their provision to the external auditors.

Review significant accounting and reporting issues, including complex or unusual transactions and highly judgemental areas, and recent professional and regulatory pronouncements, and understand their impact on the financial statements.

Review with management and the external auditors any significant adjustments or changes between draft and final financial statements.

Review Council’s final financial statements and provide advice to the Chief Executive Officer on whether appropriate action has been taken in response to audit recommendations and adjustments.

Recommend the signing of the draft financial statements by the Mayor and Chief Executive Officer.

Review with management and the external auditors all matters required to be communicated to the committee under generally accepted auditing Standards.

Satisfy itself about the adequacy of key internal controls supporting the timeliness and integrity of Council’s financial statement preparation process.

Consider management representations made in accordance with Council’s Management Representation Policy.

Consider the processes in place designed to ensure that financial information included in Council’s annual report is consistent with the signed financial statements.

Review the draft annual report before release and consider the consistency of financial information being reported.

Review, evaluate and provide advice on Council’s significant accounting and financial management policies including any substantive changes to these policies.

Overview the process of preparation of Council’s controlled entities financial statements to ensure an efficient process is undertaken and that such financial statements comply with relevant accounting standards and legislation.

Encourage the Council’s controlled entities to adopt consistent financial reporting approaches and statements.



Receive and review and reports issued by the Queensland Audit Office (or its nominated contractor) in relation to Council’s controlled entities.

1112 MEMBER RESPONSIBILITIES

Members of the committee are expected to observe the legal requirements of the Local Government Act 2009, and the Local Government Regulation 2012. Members are expected to at all times:

Act in the best interest of Council.

Apply good analytical skills, objectivity and judgement.

Maintain confidentiality of information and documentation considered by the committee.

Express opinions constructively and openly, raise issues that relate to the committee’s responsibilities and pursue independent lines of enquiry.

Contribute the necessary time required to review agenda papers prior to attending meetings.

1312 REPORTING

Following each meeting of the committee a report (minutes) is to be provided to the next Council meeting round, outlining the:

matters considered by the committee;

recommendations to Council relating to the matters considered by the committee; and

any additional recommendations that the committee wishes to bring to the attention of Council.

Upon receipt of the Auditor-General’s certification of Council’s financial statements each year, the committee will present a written annual report to Council on the operation and activities of the committee, including such matters as:

A summary of work the committee performed in the to discharge of its responsibilities during the preceding year.

A summary of Council’s progress in addressing the findings and recommendations made in internal and external audit and Auditor-General reports to parliament.

An assessment of Council’s risk, control and compliance framework, including details of any significant emerging risks and issues or legislative changes affecting Council.



Details of meetings, including the number of meetings held during the relevant period, and the number of meetings each member attended.

The Chairperson will attend Council to present the annual report of the Audit Committee. The committee may, at any time, report to the Chief Executive Officer on any other matter it deems of sufficient importance to do so. 13 ADMINISTRATIVE ARRANGEMENTS

13.1 GENERAL

The committee will maintain and update an Audit Committee Calendar Forward Meeting Schedule to demonstrate how it intends to discharge its responsibilities under this Charter.

13.2 MEETINGS

The committee will meet at least four times a year, with authority to convene additional meetings as required to consider financial statement and annual planning matters.

A forward meeting schedule that includes the dates, location, and proposed agenda items for each meeting for the forthcoming year will be maintained.

Council management and officers may be invited by the Audit Committee to attend meetings, as and when required, to discuss any item affecting their respective roles.

13.3 ATTENDANCE AT MEETINGS AND QUORUMS

A quorum of the Audit Committee meeting will be at least half the members of the committee. If the Chairperson is absent, the member chosen by the members present as Chairperson for the meeting presides.

13.4 AGENDA PAPERS AND MINUTES

Meeting agendas will be prepared and provided to members one week in advance of each meeting. The chairperson of the committee will be given the opportunity to contribute to the development of the agenda

Minutes of committee meetings will be reviewed and signed-off by the Chairperson and circulated within two weeks of the meeting to each member and committee observers, as appropriate. Notes of actions arising will be maintained with appropriate timelines.



The committee will provide Council with a written report (minutes) about the matters reviewed at each meeting and the committee’s recommendations about the matters as soon as practicable after the meeting.

Council’s Corporate Assurance Branch Internal Audit Office will provide secretariat support to the Audit Committee.

13.5 CONFLICTS OF INTEREST

Members of the committee are required to provide annual written declarations declaring any potential or actual conflicts of interest they may have in relation to their responsibilities.

As they arise between meetings, or at the beginning of each committee meeting, members are required to declare any new or changed potential or actual conflicts of interest that may apply to specific matters on the meeting agenda.

Where required, the member will be excused from the meeting or from the committee’s consideration of the relevant agenda item(s). Details of potential or actual conflicts of interest declared by members and action taken will be appropriately recorded.

13.6 PERFORMANCE REVIEW AND ASSESSMENT

The Chairperson of the Audit Committee, in consultation with the Chief Executive Officer, will initiate a review of the performance of the committee at least every two years.

Council’s ‘Audit Committee Self Assessment Tool’ is to be used to facilitate this review with appropriate input sought from the Chief Executive Officer, committee members, senior management, the internal and external auditors, Chief Financial Officer, and any other relevant stakeholders.

13.7 INDUCTION OF NEW MEMBERS

New members of the Audit Committee will be provided with induction material to allow the members to familiarise themselves with the organisation and to facilitate their understanding of its principal operations and activities, corporate practices and culture.

New members will receive relevant information and briefings upon their appointment to assist them to understand and meet their responsibilities under this Charter. Further training may be made available if required.



13.8 REVIEW OF CHARTER

At least once a year, or as necessary due to council, legislative and regulatory changes, the committee will review and confirm the appropriateness of the Audit Committee Charter.

Any substantive changes to the charter will be recommended by the committee for adoption by Council.

14 SUPPORTING DOCUMENTS

Document

Audit Committee Responsibility Calendar

Audit Committee Forward Meeting Schedule

Audit Committee Self Assessment Checklist

15 CHARTER SIGN-OFF

Council Adoption

The Audit Committee Charter was adopted by Council on 6 August 2013 (refer resolution number G13.0806.026)

Council Adoption

The Audit Committee Charter was adopted by Council on 11 December 2015 (refer resolution number G15.1211.xxx)


ITEM 9 OFFICE OF THE CHIEF EXECUTIVE OFFICER REVIEW OF CHIEF EXECUTIVE OFFICER DELEGATIONS UNDER S257(4) LOCAL GOVERNMENT ACT 2009 (REPORT NUMBER 4) LG449/793/304/01/LF(P43) Attachment 1 Delegations To Be Reviewed & Confirmed – Legislative Provision Still Current Attachment 2 Delegations To Be Made Attachment 3 Delegations To Be Revoked

1 BASIS FOR CONFIDENTIALITY

Not Applicable.

2 EXECUTIVE SUMMARY

Not Applicable.

3 PURPOSE OF REPORT

The purpose of this report is to inform and seek Council to action the requirement under s257(4) Local Government Act 2009 (“the Act”) for the Local Government to annually review delegations made by Council to the Chief Executive Officer, by resolution.

4 PREVIOUS RESOLUTIONS

Not Applicable.

5 DISCUSSION

The Local Government Act 2009 requires Council adhere strictly to the delegation regime outlined in s257 of the Act in delegating powers granted by legislation to Council. The Local Government Amendment Bill 2012 amended s257 Local Government Act 2009 which outlines this regime and requires that Council annually review delegations to the Chief Executive Officer. Section 257(4) provides as follows:

“A delegation to the chief executive officer under subsection (1) must be reviewed annually by the local government.”

Council’s delegable powers and corresponding legislative provisions have been reviewed in accordance with section 257(4) Local Government Act 2009. Where the relevant legislative provision is still current Council is required to review the delegations (refer attachment 1). New delegations are required where legislative provisions have been amended or repealed (refer attachment 2). These include the Local Government Act 2009, Water Act 2000, Water Supply (Safety and Reliability) Act 2008, the Land Act 1994 and the Waste Reduction and Recycling Act 2011. All other delegations are to be revoked and removed from the City’s Delegations Register (refer attachment 3). This will ensure the currency of Council’s delegations to the CEO is maintained. Since the 2014 Delegations Review there have been no significant legislative changes that have resulted in a requirement to make new delegations. The only new delegations are detailed and explained in Attachment 2. Due to the large number of planning and development delegations to be reviewed, a further report focusing only on these delegations will be presented to Council early in 2016. The delegations are required to ensure that the City complies with its legislative obligations, is able to undertake compliance and enforcement action under the various legislative provisions under which the Council is empowered. 6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN

Corporate Plan 2020 – B – We manage the city responsibly. Our Stewardship provides value for money for ratepayers.


ITEM 9 (Continued) REVIEW OF CHIEF EXECUTIVE OFFICER DELEGATIONS UNDER S257(4) LOCAL GOVERNMENT ACT 2009 (REPORT NUMBER 4) LG449/793/304/01/LF(P43) Key Programs of Work - Managing risk exposure faced by the City of Gold Coast, including ensuring a safe working environment and that “work health and safety is everyone’s business”. This recommendation is to ensure the legislative provisions under which the delegations are made are current which reduces Council’s legal risk of non-compliance. 7 COMMONWEALTH GAMES IMPACT Not Applicable. 8 FUNDING AND RESOURCING REQUIREMENTS Not Applicable. 9 RISK MANAGEMENT The currency of Council’s delegations aligns with corporate risk number CO000431 – Non-compliance with State and Commonwealth legislation leading to potential prosecution of Council, Executive Officer Liability and negative city image. Updating the legislative provisions under which the delegations are made reduces Council’s legal risk of non-compliance. 10 STATUTORY MATTERS Section 257(4) of the Local Government Act 2009 relevantly provides that a delegation to the Chief Executive Officer under subsection (1) must be reviewed annually by the Local Government. 11 COUNCIL POLICIES

None of the recommended changes impact on Council’s policy register. 12 DELEGATIONS This report recommends Council note the delegations of power from Council to the CEO and Council retain the delegations listed until the next annual review. 13 COORDINATION & CONSULTATION Consultation with delegates of the CEO has been undertaken on an ongoing basis since the 2014 review. 14 STAKEHOLDER IMPACTS

Not Applicable

15 TIMING

Not Applicable.


ITEM 9 (Continued) REVIEW OF CHIEF EXECUTIVE OFFICER DELEGATIONS UNDER S257(4) LOCAL GOVERNMENT ACT 2009 (REPORT NUMBER 4) LG449/793/304/01/LF(P43) 16 CONCLUSION As a result of the continuous review of Council’s system for complying with legislative obligations in relation to the Delegation of Power the current list of Delegations from Council to the CEO is presented for review and confirmation by Council, a list of updated new delegations to be made and a list of delegations to be revoked. 17 RECOMMENDATION

It is recommended that Council resolve as follows:

1 That Council notes the contents of the report from the City Solicitor.

2 That Council endorses and confirms all delegations to the Chief Executive Officer as listed in Attachment 1.

3 That Council delegates to the Chief Executive Officer the powers provided in Attachment 2

4 That Council revokes the delegations to the Chief Executive Officer detailed in Attachment 3.


David Montgomery Joe McCabe City Solicitor Chief Operating Officer 24 November 2015 ispot # 51972700

Changed Recommendation COMMITTEE RECOMMENDATION GA15.1208.009 moved Cr Tozer seconded Cr Bell 1 That Council notes the contents of the report from the City Solicitor.

2 That Council endorses and confirms all delegations to the Chief Executive Officer as listed in Attachment 1, with the following correction to Delegation 472 which reflects the current wording:

“To enter into, vary and discharge leases, licences, permits, assignments, subleases and tenancy arrangements of a routine or minor nature, where Council is the lessee or lessor. The CEO to confer with Divisional Councillor prior to taking action.”

3 That Council delegates to the Chief Executive Officer the powers provided in Attachment 2

4 That Council revokes the delegations to the Chief Executive Officer detailed in Attachment 3.

CARRIED UNANIMOUSLY


ITEM 9 (Continued) REVIEW OF CHIEF EXECUTIVE OFFICER DELEGATIONS UNDER S257(4) LOCAL GOVERNMENT ACT 2009 (REPORT NUMBER 4) LG449/793/304/01/LF(P43)

Attachment 1

DELEGATION TO BE REVIEWED & CONFIRMED– LEGISLATIVE PROVISION STILL CURRENT

Deleg No

Delegation Wording

26 To approve Civic Receptions for up to 100 guests. Expenditure limit of $2,000 per event

27 To approve Civic Functions such as Australia Day, Queensland Day, ANZAC Day, Senior Citizens Week etc. Expenditure limit of $ 5,000 per event.

87 To undertake annual review of rental in accordance with CPI increase for rights of use over Council Controlled land.

224 To sign Council cheques.

313 To enter into contracts, arrangements or authorise the expenditure on behalf of Council, up to the value of $20,000. This authority is limited to be exercisable only for the purpose of obtaining or assisting in the provision of legal services to the Council. Without limiting the generality thereof, it shall include instructions to Barristers, Solicitors, Consultants and any other persons who may be deemed as appropriate, by the City Solicitor, from time to time. To sign, issue, determine or accept any document on behalf of Council which will, would or may involve Council in such a manner as to require the services of the City Solicitor, or involve Council in Legal proceedings.

357 The Chief Executive Officer or City Solicitor be authorised in accord with Section 703(1) of the Local Government Act with regard to any legal proceeding or matter for or against Council to: (a) give instructions and act as authorised agent for Council: AND (b) sign all documents for the local government.

417 To determine Appropriate conditions to protect Council's interests in all matters pertaining to the acquisition of Council owned or controlled lands by the Commonwealth, the State or any party deemed a constructing authority under the Acquistion of Land Act, including the settlement of compensation for the acquisition provided the amount of compensation is supported by a valuation undertaken by a Registered Property Valuer.

469 To grant easements in Council's favour which have been registered on a plan of survey and construction completed when submitted by the Department of Lands and the Department of Business Industry and Regional Development.

470 To approve easements in favour of the South East Queensland Electricity Board or the Queensland Electricity Transmission Corporation which have been registered on a plan of survey and construction completed where the ownership of the land is transferred to the State or where the easement documentation is to be updated to comply with State legislation when submitted by the South East Queensland Electricity Board or the Queensland Transmission Corporation.

472 To enter into, vary and discharge leases, licences, permits, assignments, subleases and tenancy arrangements of a routine or minor nature, where Council is the lessee or lessor. Any action approved pursuant to this delegation to be reported to Council on a quarterly basis. The Chief Executive Officer to confer with the Divisional Councillor prior to taking action.

503 To determine the consent to the submission of building, development and other applications, the subject of prior resolution by Council or those of a minor nature (such as building applications for garden sheds for sporting clubs and other applications which do not significantly impact on the amenity of the surrounding residents), as owner, in respect of Council owned land and land for which Council is Trustee, in consultation with the Divisional Councillor.

CONDITION (Delegation exclusively for City Property)



Deleg No

Delegation Wording

504 To determine the consent to the submission of building, development and other applications, as owner, in respect of Council owned land and land for which Council is Trustee.

516 To determine applications to surrender access restriction strips and sign all documentation necessary to surrender and transfer the land to the State Government for road purposes.

517 To grant, amend, reinstate, consent to and accept easements as both Grantor and Grantee over Council owned and controlled lands or over private freehold land, including the determination of appropriate compensation payable in relation thereto, provided that such action is for the benefit of Council or is equitable in the prevailing circumstances.

578 To vary the term and repayment schedule of interest free loans granted by Council.

580 To appoint an authorised person pursuant to section 445(1)(c) of the Environmental Protection Act 1994 (subject to the limitation that the only powers under the Environmental Protection Act 1994 the authorised person who is appointed by the Local Government is to exercise are: a) sections 452, 453, 455, 456, 457, 459, 460, 461, 462, 463, 464, 465 and 466; b) only to be used in relation to those matters referred to in sections 8, 9 and 68 of the Environmental Protection (Waste Management) Regulation 2000.)

581 To issue an identity card to each authorised person pursuant to section 448 of the Environmental Protection Act 1994.

585 To determine applications to waive licence registration, application and / or permit fees for charitable organisations.

602 To determine amendments to any Council policy where the amendment is of an administrative or purely technical nature and does not affect the intent or purpose of the policy.

787 To determine and sign Total Remuneration Package Election Forms over their own name (Director Organisational Services)

795 To sign applications for the following permits/licences:

Operational Works in Tidal Areas in Coastal Management Districts -Coastal Protection and Management Act (1995)- EPA

Works in a Watercourse permit (Riverine Protection Permit) - S.266 Water Act

809 The powers contained within the Public Health (Infection Control for Personal Appearance Services) Act 2003.

924 LOCAL GOVERNMENT ACT

Power, where Council has resolved to acquire any land or interest in land, to:

(i) give owner of land a notice of intention to acquire land (s61)

(ii) lodge copy of notice of intention to acquire land with Registrar of Titles (s61(6))

(iii) decide a claim for compensation for a notice of intention to acquire land (s62)

(iv) acquire land after service of notice of intention to acquire land instead of paying compensation for injurious affection (s64)

(v) assess compensation for acquisition of land (s64)

(vi) serve notice of decision not to proceed to acquire land the subject of a notice of intention to acquire land (s63(3))

(vii) withdraw notice of intention to acquire land (s65(4)



Deleg No

Delegation Wording

(viii) lodge notice of decision not to proceed with, or to withdraw notice of intention of realignment of road or part of road (s65(4))

(ix) assess and pay land owner reasonable compensation for decrease in value of land because of decision not to proceed with realignment of road after giving notice of intention to acquire land (s66)

(x) acquire land for use as a road (s60(h))

(xi) acquire land that adjoins a road for use as a footpath (s67)

ACQUISITION OF LAND ACT

Power, as a constructing authority, to take Land under and subject to the Acquisition of Land Act 1967:

(i) for any purpose set out in Schedule 1 which the local government may lawfully carry out

AND

(ii) for any purpose, including any function of local government, which the local government is authorised or required by a provision of an Act other than the Acquisition of Land Act 1967 to carry out (s.5).

Power to prepare, serve and amend a Notice of Intention to Resume, to discontinue a resumption and to give notice to the land registry (S.7).

925 To determine, after consultation with the Divisional Councillor, boundary amalgamation and alignment issues affecting Council freehold and trust lands and to do all things necessary for the preparation and registration of the necessary instruments to give effect to determinations made.

957 To sign all documents, papers and do all things necessary to give effect to the annual insurance renewal as required, subject to such renewal being within the adopted budget allocation.

Exercise of this delegation to be the subject of a subsequent report at the earliest opportunity to the relevant Council Standing Committee.

980 To introduce a nominal fee for residents for the supply of leak repairs beyond a standard established by Gold Coast Water, if this measure is required for cost control purposes

1142 To make complaints to the Australian Press Council when considered necessary to do so.

1148 To determine applications to surrender easements in gross in favour of Council and to approve any amount of compensation to be paid for the surrender of easements based on all material facts including how the easement was originally obtained and only when an agreement with an applicant has been achieved, in terms of s.472 of the Local Government Act in respect of application for the surrender of engross easements granted in favour of Council.

1176 To consider requests (in consultation with the Divisional Councillor) from community not for profit and charitable organisations to waive hire fees for Council’s community centres managed by Council up to the value of $500.00 once per year, and for one event, per organisation.

1226 To vary, in his sole discretion as he deems appropriate, any concluded agreement relating to tourist parks.

1269 To approve the periodic removal of recognised infringement doubtful debt from the system and offset same against budgetary provisions.



Deleg No

Delegation Wording

1364 To determine applications for the use of parks by applicants from travelling circuses, amusement carnivals, fairs and other temporary commercial recreation activities in accordance with Council’s “Park Usage Policy: Temporary Commercial Recreation Activities (Circuses, Amusement Carnivals, Seasonal Outdoor Cinemas, etc) on Council Parks”.

1373 In consultation with the Divisional Councillor, to enter into Joint Development Agreements with Education Queensland for Council approved projects.

1407 To decide information as confidential to the Council, to accept information under conditions of confidentiality and to make accessible or disclose information that is confidential

1446 To make all decisions, sign all papers and do all things necessary to give effect to entering into arrangements with Queensland Investment Corporation (QIC) to be an Investment Manager of the GCCC “Future Fund” for the City. The fund seeks to provide a viable ongoing income stream to Council, replacing the annual Gold Coast water dividend.

1456 To enter into, execute and vary the Preferred Supplier Agreement in respect of Contract No. LG314/411/09/059 for the storage, assembly, delivery and maintenance of mobile garbage bins for a period of five (5) years and to exercise the option to extend the contract for a period of up to six (6) months.

1471 To exercise all Local Government powers under the Animal Management (Cats and Dogs) Act 2008

1495 To act on Council's behalf, including the execution of all necessary documentation, with respect to all future mattes associated with its responsibilities (as the sole shareholder) under the Company constitution of the Gold Coast Arts Centre Pty Ltd (s40 (Beneficial Enterprises) Local Government Act 2009).

1496 To determine applications in accordance with Council’s Park Usage Policy: Temporary Park Occupation and Traverse for Construction Purposes.

1500 To vary tourist parks fees or offer full refunds for circumstances that occur and warrant this action in accordance with normal business practice (excluding increases to rent charged to permanent residents).

1507 To exercise all the powers to issue, renew, extend or cancel an approval (in the form of a consent, permit, licence or registration) as defined under Local Law 3 (Administration) 2008 granted under a local government act as defined by the Local Government Act 1993.

1508 To administer (including approving variations up to 10% of the original dollar contract value ) all and any contracts entered into by Council (including those entered into by its delegates) and report back to Council.

1511 To appoint Authorised Persons for the purposes of administration and Enforcement of Local Law 13 (Cemeteries) 2008.

1575 To remove members from the Panel of Providers for Gold Coast City Council Infrastructure Related Consulting Services (Contract 178/10/01), if they fail to meet their obligations as set out in the Conditions of Contract, and to administer the Contract for its duration.

1576 To approve minor amendments to the lease with the Body Corporate for MQ harbour Rise CTS39136 to occupy part of Councils waterway within the Hope Island Channel, upon legal advice.



Deleg No

Delegation Wording

1604 To:

a) produce Gold Coast City Council information data and documents to Courts and law enforcement agencies

b) claim an entitlement to ownership of any Council property

1605 To sign documents pertaining to those areas of responsibility that fall within the Organisational Services Directorate, on behalf of Council, specifically pertaining to:

(1) Amalgamation of Council land

(2) Entering into and varying leases, licences, permits, assignments, subleases and tenancy arrangements

(3) Surrender and transfer of access restriction strips

(4) Mortgages and authorities to enter for leasehold premises

(5) Amalgamation and alignment of property boundaries for Council freehold and trust land and

(6) Surrender and grant of easement

1606 To implement the renewal of Council’s Workers Compensation Self Insurance Licence pursuant to the Workers Compensation and Rehabilitation Act 2003 for a period of four years from 1 July 2010 including the functions and powers pursuant to respectively Section 92 and 92A of the said Act.

1607 To appoint a person as a graffiti removal officer.

1623 To enable the grant of new and renewed leases over Council owned and controlled land:

1. The lease would be consistent with Council’s Leasing Policy – State Reserves and Council Freehold Land for Sporting, Recreational, Community Services and Educational Purposes; 2. The lease would be compliant with Planning Scheme requirements; and 3. The Divisional Councillor has been consulted and supports the grant of a new/renewed lease.

1646 To enter into a written agreement for assistance to the property owner where driveways are affected by Council activities as follows:

1. A contribution up to 100% of the restoration value if the problem is considered, in Council’s delegate view, to be 100% due to Council works. The restoration to the driveways be undertaken either as:

a) restoration works to the driveways by Council; or b) as a financial contribution towards works by the property owner.

2. That the relevant Divisional Councillor is to be advised within 24 hours of the Delegate’s decision.

1649 To deal with matters (i.e. approve financial assistance with the cost of cleaning residents’ property detrimentally impacted by operations & remediation works) identified in the Cleaning Cost – Home Owner Assistance Payments report on a one off (ex-gratia) basis.

1672 To put in place a compensation process regarding the replacement of correct numbers allocated to the properties in rural areas.

1673 To consult with and make representations to the Promoter of the Armor-All Gold Coast 600 pursuant to Section 9 of Motor Racing Events Act 1990 that broadcast noise levels and broadcast duration should not impact the amenity of the precinct area for residents living in same.


ITEM 9 (Continued) REVIEW OF CHIEF EXECUTIVE OFFICER DELEGATIONS UNDER S257(4) LOCAL GOVERNMENT ACT 2009 (REPORT NUMBER 4) LG449/793/304/01/LF(P43) Deleg

No Delegation Wording

1699 To exercise each and every power and function of the Gold Coast City Council in respect of the Environmental Protection (Water) Policy 2009 as stipulated below:

s17(1)(b - to provide the chief executive a copy of Council’s environmental plan within 4 years of the commencement of this Policy; s17(1)(c ) - to review and update Council’s plan within 5 years of its publication; s17(2) – to review and amend Council’s plan when requested to by the chief executive; s19 – to develop and implement an environmental plan about water cycle management; s22 – to develop and implement an environmental plan about trade waste management; s24(2) - in cooperation with the chief executive, to develop a healthy waters management plan.

1701 To approve minor amendments to the lease upon legal advice, in respect of leasehold tenure matters for single pontoons in the Hope Island Channel where permitted

1702 To conduct all negotiations and settle all agreements on such terms and conditions, absolutely, that the CEO considers are required and to execute all documents in order to give effect to ensuring the continuing operation of the eight pools, the subject of this report (Management and Operation of Gold Coast City Council Aquatic Centres for Three Years with 12 Month Extension Option), until Council has considered the report in accordance with its obligations under the “Contracts and Tendering Policy – Councillors Disagreement with Officer Recommendation Policy”.

1708 To exercise each and every power and function of the Gold Coast City Council in respect of the Transport Operations (Road Use Management) Act 1995.

1713 To assess compensation claims associated with changes to rural property addresses.

1717 To determine applications in accordance with Council’s Park Usage Policy: Use by Conference and Corporate Associated Events.

1720 To do all things necessary to ensure that the management and operation of all Gold Coast City Council Aquatic Centres continues until the management and operation rights for the Aquatic Centres have been assigned by Council as a result of a tender process or tender processes.

1728 To exercise the powers delegated to Council pursuant to Section 263(1)(b) of the Waste Reduction and Recycling Act 2011 as more specifically referenced and subject to the limitations as detailed therein in the Waste Reduction and Recycling (Local Government – Waste Management) Delegation (No. 1) 2011 as detailed below:

(a) advice to chief executive about placing or attaching documents (s.110)

(b) advice to chief executive about delivering or distributing advertising material (s.111)

(c ) avoiding accumulations of waste (s.112)

(d) giving show cause notice (s.246)

(e) giving compliance notice (s.248)

(f) restriction on giving compliance notice (s.249)

(g) when waste audit required (s.253)

1729 To exercise the powers delegated to Council pursuant to Section 263(1)(b) of the Waste Reduction and Recycling Act 2011 as more specifically referenced and subject to the limitations as detailed therein in the Waste Reduction and Recycling (Authorised Persons) Delegation (No. 1) 2011 as detailed below:

(a) to appoint an authorised person pursuant to section 183 of the Act and (b) to issue an identity card to each authorised person pursuant to section 187 of the Act.



Deleg No

Delegation Wording

1743 To negotiate with the QPS the details of an MOU (Short Term Rental Accommodation) beyond simply reporting (as previously decided) to include provision for briefs of evidence to be supplied to Council to be used in support of any consideration to cancel or suspend licenses and potentially a targeted behavioural response service.

1745 To sign the Queensland Treasury Corporation indemnity pursuant to Council’s approval to renew Council’s Workers’ Compensation Self Insurance Licence for a period of 4 years, pursuant to Section 84 of the Workers’ Compensation and Rehabilitation Act 2003

1750 To finalise and adopt tender consideration plan for Contract no LG314/1185/11/067 for the supply of end user computer (E.U.C.) hardware consisting of desktops, notebooks/tablets and accessories, maintenance, support and associated services for a period of 1 year with an option to extend for four (4) one year periods

1751 To finalise and adopt the tender consideration plan, which it is noted, will eventuate in the creation of contracts with one or more selected social benefit suppliers for Contract No LG314/411/12/076 to provide recycling services at Molendinar Waste and Recycling Centre for a period of 2 years with the option to extend for two x one year periods from 1 July 2012.

1776 To approve future Councillor domestic travel requests in accordance with the Expenses Reimbursement and Provision of Facilities for Mayor and Councillors policy, subject to all councillors being advised of any exercise of the delegation by memo.

1787 Under section 7 of Local Law 7, negotiate, enter into, enforce, discharge and vary a contract in respect to:-

a) the use of council property; and

b) a matter the subject of an approval under this local law;

c) a matter that is regulated by a subordinate Local law pursuant to section 9 (Regulation of council property) of this local law.

1789 In consultation with the Divisional Councillor, the CEO be permitted under delegated authority to continue to monitor, condition and alter the license conditions regarding the use of the Stanmore Motocross facility.

1793 To determine the Procurement Standards as appropriate from time to time, consistent with the Procurement Policy

1798 To approve future Councillor conference, training and seminars with domestic travel in accordance with the Expenses Reimbursement and Provision of Facilities for Mayor and Councillors policy, subject to all Councillors being advised of any exercise of the delegation by memo, as per previous Council resolution for domestic travel.

1800 To exercise each and every one of the powers of Council under each of Local Law No.12 (Animal Management) 2013 and Subordinate Local Law No. 12 (Animal Management) 2012 identified as follows:

Grant a permit authorising a person to keep animals for which a permit is required under section 6 (s17 Local Law 12)

Grant a permit required under section 6 on conditions considered appropriate (s19(1) Local Law 12).

Change the conditions of a permit and comply with the procedural requirements of section 20 (s20(1) Local Law 12)



Deleg No

Delegation Wording

Renew or transfer a permit subject to conditions considered appropriate if the undertaking of the regulated activity complies with the permit conditions and the local law (s21(3) Local Law 12).

Amend a permit subject to conditions considered appropriate if the undertaking of the regulated activity complies with section 17 (s21(4) Local Law 12)

Request that the holder of a permit renew a permit by giving a written notice (s22(1) Local Law 12)

Renew a permit subject to conditions (s22(3) Local Law 12)

Cancel a permit pursuant to sections 23(1)(a)-(f) (inclusive).(s23(1) Local Law 12)

Approve an organisation for supervising dogs participating in obedience trials or training at a time and place under the control of the local government. (s25(2) (b) Local Law 12).

Recognise an organisation for supervising dogs being exhibited at an exhibition (s25(2)( c) Local Law 12)

Establish and maintain an animal control area register of each animal control area designated by the local government under section 27. (s28(1) Local Law 12)

Display a notice at a place which has been designated as an animal control area under s27(1)(b) where persons are prohibited from bringing an animal or an animal of a specified species. (s29(1) Local Law 12)

Display a notice of any conditions imposed by the local government in a subordinate local law regarding an animal control area designated under section 27(1)© or a park, reserve foreshore or bathing reserve. (s30 (2) Local Law 12)

Display a notice of any conditions imposed by the local government in a subordinate local law upon the bringing of a dog into an animal control area designated as an off leash dog exercise area. (s31(2) Local Law 12)

To:

offer an animal for sale by public auction or tender;

sell an animal by private agreement, dispose of the animal without destroying it, or destroy the animal if it is mentioned in section 47(2)

or is of a species, breed, or class specified by subordinate local law. (s53(1) Local Law 12)

Exhibit a notice at the animal pound for at least 2 days before the sale, at a public auction, of an animal pursuant to section 53(1). (s53(2) Local Law 12)

Dispose of an animal as may be considered appropriate if the animal is not sold in accordance with section 53(1). (s53(5) Local Law 12)

Ensure a proper record is kept of impounded animals seized under the local law. (s54(2) Local Law 12)

Be satisfied that a person is the keeper of an impounded animal.(s54(5) Local Law 12)

Give a compliance notice to a person who contravenes the local law or a person involved in the contravention of the local law pursuant to section 64. (s61(1) Local Law 12)

Recognise an incorporated association as an animal welfare agency (s3 Subordinate Local Law 12)

Issue a certificate of exemption for the wearing of a registration device for a registered dog (s7(2) Subordinate Local Law 12)




Issue a certificate of exemption for the wearing of a registration device for a registered cat (s14(2) Subordinate Local Law 12)

Approve a code of practice from the keeping of budgerigars and other birds of a similar size. (s24(2) Subordinate Local Law 12)

Approve a code of practice for the keeping of cockatiels and other birds of a similar size. (s26(2) Subordinate Local Law 12)

Approve a code of practice for the keeping of pigeons (s30(2) Subordinate Local Law 12)

Approve a code of practice for the keeping of bees (s32(b) Subordinate Local Law 12)

Approve a code of practice for the keeping of budgerigars, cockatoos etc (53(2) Subordinate Local Law 12)

Approve a code of practice for the operation of a regulated activity pursuant to section 65.(s65(14) Subordinate Local Law 12)

Approve a code of practice for the keeping of breeding cats, breeding dogs or animals of a litter.(s71(47) Subordinate Local Law 12)

Approve a code of practice for the operation of a Kennel. (s73(16) Subordinate Local Law 12)

Approve a code of practice for the operation of a pet shop (s74(12) Subordinate Local Law 12)

Approve a collar to be worn by a dog the subject of a guard dog permit (s76(3)(d) Subordinate Local Law 12)

Fix a term for a permit if it is desirable to do so (s78(3) Subordinate Local Law 12)

Grant an approval to take an animal on to a park, reserve etc under section 80 with or without conditions (s80 Subordinate Local Law 12).

1801 To determine applications for divisional and mayoral donations up to $5,000 per project per year, in accordance with Council’s Community Grants (name changed from Community Grants & Donations Policy) Policy and Guidelines, as amended from time to time.

The divisional Councillor/Mayor is to be informed of the exercise of delegation under this policy.

1813 1.Subject to the conditions outlined below, to provide written authority (in Council’s capacity as a ‘road authority’) to an electricity entity in accordance with (s102) of the Electricity Act 1994, to:

a. Build or remove, or alter its electric lines or other works on road; b. Maintain, repair or alter for maintenance or repair its electric lines on road; c. Stop obstruction or potential obstruction to, or interference with its electric lines or other works, or a road in accordance with (s102) of the Electricity Act 1994, to: CONDITIONS: Where light rail is located on a road, the road authority is required to consult with the light rail operator for the light rail: 2. In accordance with the Electricity Regulation 2006, to: a. Specify the days and time on which the Electricity entity may take action in a publicly controlled place to open/break up soil, pavement, sewer, drain or tunnel or temporarily stop/divert traffic or build a drain, excavation, subway or tunnel (s19); b. Prescribe additional warning or protection devices to safeguard the public (s20); and c. Make an agreement with the Electricity entity in relation to the restoration of the publicly controlled place, including reasonable conditions and requirements (s21). 3. In accordance with the Gas Supply Act 2003, to:




a. Decide to grant or refuse approval and where approved, provide written consent to a gas distributor to carry out gas infrastructure works on a publicly controlled place (excludes bus way land, light rail land, a railway and rail corridor land) (ss79 and 80); b. Impose conditions on any approval given to carry out infrastructure works on a publicly controlled place as provided in (a) (s81). 4. In accordance with (s75) Local Government Act 2009, to provide written approval to Gas, Electricity and Telecommunication entities to: a. Carry out works on a road; b. Interfere with a road or its operation; and c. Impose conditions on such approval.

1819 To determine an application from Surf Life Saving Club for the right of use of up to 30m2 of land under the control of Council for temporary daytime storage of beach hire equipment only, for an initial period of 12 months with annual extensions up to a period of 5 years.

1836

To enter into and finalise a Memorandum of Understanding (MOU) with FSG Australia to assist Council in delivering improved disability mobility outcomes, for a period ending with the current Council

1840 To exercise each and every power and function of the Gold Coast City Council in respect of the Environmental Protection Act 1994 (EPA).

1843 To exercise each and every one of the powers of Council under each of Local Law No 17 (Maintenance of Works in Waterway Areas) 2013 and Subordinate Local Law No 17.1 (Works in Non-Coastal Waterway Areas) 2013 identified in the Register of Powers as follows:-

1.Power to respect and take into account any Aboriginal or Torres Strait Islander native title and cultural heritage rights and interests under an Act of the Commonwealth State or the local government or the common law when the local government exercises its powers under this local law.(s3(2))

2. Power to give a responsible person for a required work a notice (a waterway area required work notice) if the local government reasonably believes that the person should build a required work in the local government area. (s10(1))

3. After considering any representations made by the person, power to give the person a notice, in writing, stating the waterway area required work notice—

(a) continues in force, with or without stated changes; or

(b) is withdrawn.(s10(8))

4. Subject to subsection (13), if a responsible person for a required work does not comply with subsection (11), power to take all necessary steps to build the required work.(s10(12))

5. If the local government decides to take all necessary steps to build the required work, power to comply with that part of the waterway area required work notice that was stated in the notice in accordance with subsection (2), subject to any change stated in a notice given by the local government under subsection (8)(a).(s10(13))

6. Power to recover the amount that the local government properly and reasonably incurs in taking all necessary steps to build the required work as a debt payable by the responsible person who failed to build the work.(s10(15))




7. If the local government reasonably believes there is no responsible person for the prescribed work, or part of a prescribed work, under section 9(1)© or (d); power to publish a notice in a local newspaper circulating generally in the local government area stating that a person may, within a period stated in the notice (such period not being less than 10 business days from the publication of the notice), show cause, in writing, to the local government why the local government should not remove the prescribed work; and to attach a notice stating the same information which the notice published in accordance with subsection (1) (b)(ii) states to the prescribed work.(s12(1))

8. If a prescribed work is abandoned under section 12 power to remove the prescribed work from the waterway area; and to restore the waterway area, as nearly as practicable, to its former condition provided that this power does not apply to the disposal of a prescribed work to the extent that there is an inconsistent provision in legislation, including a provision in a local law, that deals specifically with the disposal of goods of a particular class or type.(s13(2)&(11))

9. Power to dispose of a removed prescribed work—if the value of the removed prescribed work is less than $5000—as the local government sees fit, including by private sale, destruction, restoring or giving away; or otherwise—by public auction.(s13(3))

10. If a prescribed work is to be sold at public auction, the local government must give public notice of the public auction at least 14 days before the date of the proposed public auction.(s13(4))

11. Power to apply the proceeds of sale, by public auction or otherwise, received by the local government in the following manner—

(a) first, in payment of all costs, charges and expenses properly incurred by the local government for the removal, storage and sale, or any attempted sale, of the prescribed work and restoration of the site of the prescribed work; and

(b) secondly, the balance (if any) (the net proceeds of sale) into a fund established for that purpose.(s13(6))

12. If within 12 months after the date of sale of a prescribed work (the claim period), a former owner of the prescribed work, by written notice to the local government, claims the net proceeds of sale of the prescribed work, power to pay the net proceeds of sale to the former owner.(s13(8))

13. If a former owner of a prescribed work does not claim the net proceeds of sale within the claim period, power to pay the net proceeds of sale into its general fund.(s13(9))

14. Power to give a responsible person for a prescribed work a notice (a prescribed work report notice) requiring the person to obtain and give the local government a prescribed work report, or a copy, within a reasonable period stated in the notice. This power may not be exercised more than once every 2 years after the commencement of this local law if the person is a body corporate and otherwise—not more than once every 5 years.(s16(1)&(2)

15. If a responsible person does not comply with a prescribed work report notice, power to obtain a prescribed work report.s16(4))

16. If the local government decides to obtain a prescribed work report, power to recover the amount that the local government properly and reasonably incurs in obtaining a prescribed work report as a debt payable by the responsible person who failed to comply with the prescribed work report notice.(s16(5)&(6))

17. If a person contravenes this local law, other than section 10, 15 or 16, power to give a notice, in writing (a compliance notice), to a person who contravenes this local law; or any person involved in the contravention of this local law under section 25.(s17(2))




18. Power to recover the amount that the local government properly and reasonably incurs in taking all necessary steps to make good the consequential damage (damage caused directly or indirectly by the person’s contravention, or involvement in the contravention, of this local law) as a debt payable by the responsible person whose contravention caused the consequential damage.(s18(1)&(3))

19. Power to give a liable person under section 19(1)(a) a notice requiring the person to take other action in respect of the subject matter of the original obligation. (s19(3))

20. Power to at any time, apply for, and be given, a permission. (s19 (9))

21. Power to may grant an occupation right to a liable person. (s20(3))

22. Power to perform work when a person has failed to perform work required to be performed by a compliance notice.(s22(1))

23. Power to, in the course of performing work under subsection (1) on a place, remove from the place any structure, vehicle, equipment, animal, plant or thing if the local government is satisfied that there is a risk of harm to human health or safety or personal injury; or property damage or a loss of amenity; or environmental harm or environmental nuisance, except where the place is a road under the Transport Operations (Road Use Management) Act 1995, other than a busway under the Transport Infrastructure Act 1994.(s22(2) & (3))

24. Power to dispose as it sees fit of, and in accordance with the laws of the State, any material of any nature removed by the local government under this section.(s22(4))

25. Power to recover the amount that the local government properly and reasonably incurs in performing work under section 22 as a debt payable by the person who has failed to perform the work. (s22(6))

26. All delegable powers of the local government under Part 2 to Part 8

1870 To exercise each and every power and function of the Gold Coast City Council in respect of the Water Act 2000

1871 To exercise each and every power and function of the Gold Coast City Council as a Service provider in respect of the Water Supply (Safety and Reliability) Act 2008

1880 To determine applications for contributions to adjoining lands dividing fencing where Council is not exempt in accordance with the Neighbourhood Disputes Resolution Act 2011.

1881 To exercise all powers of the “Responsible Road Manager” pursuant to Part 4, Division 3, Subdivision 4 of the Transport (Rail Safety) Act 2010.

1884 To enter into, vary and discharge financial agreement with Village Roadshow Studios and Screen Queensland for overseas feature film production. The authority is limited to this contract where Council has provided for the expenditure in its approved budget, where the contract sum does not exceed the approved amount.

1899 To enter into Memorandums of Understanding with Volunteer Community Organisations as required.

1907 To make tree assessments and determine tree removal requests on Council controlled land in accordance with the provisions of the Management of Trees on Council Controlled Land Policy.

Condition: on-delegation by CEO requires delegate have appropriate qualifications and/or experience in tree management.




1912 To negotiate landfill disposal fees with commercial landfill customers.

CONDITION: 1. Negotiated disposal fee not to be less than the “cost recovery” threshold for managing waste received plus a standard profit margin. (Note: The cost recovery threshold for managing waste includes capital costs, post closure liabilities. Standard commercial margin is 10%). 2. The additional waste must not have a significant impact on landfill operational costs, unless the additional cost plus the stated profit margin is also included in the negotiated fee; 3. Any agreed waste disposal fee must be re-negotiated each financial year and or whenever any external factor eg: State Government Levy, influences a change in the cost recovery rate.

1913 To do anything necessary or convenient for performing the responsibilities of Council under the Local Government Act 2009 encompassing the power to enter into contracts for (1) the supply of Recycled Water in compliance with the terms of Permits issued pursuant to the Environmental Protection Act 1998 and as particularised in, but not restricted to, Attachment 1 and 2 the supply of potable water in compliance with Regulator direction pursuant to the Water Supply (Safety and Reliability) Act 2008 and as particularised but not restricted to Attachment 2.

1918 To process and approve applications for the deferral or remission of rates or charges to entities whose objects do not include the making of a profit in accord with Council’s Rate Donation, Infrastructure Charges and Development Application Fee Discount Policy.

1919 To process and approve applications for Infrastructure Charge Rebates/Discounts to entities whose object do not include the making of a profit in accord with Council’s Rate Donation, Infrastructure Charges and Development Applications Fee Discount Policy.

1920 To grant a Works Zone Permit pursuant to Local Law 2 (Regulated Parking) 2006.

1922 To approve and enter into agreements with companies for financial assistance packages under $100,000, as part of the Investment Attraction Incentive Funding Program for Gold Coast CBD, Yatala Enterprise Area, City Wide Programs (including sport) and Film Attraction Program.

1926 Power to do anything that is necessary or convenient for performing the responsibilities of the local government under a Local Government Act.

1927 Power to:-

Publish a notice of the day and times when:-

a) ordinary Council meetings will be held; and

b) ordinary Council meetings of standing committees will be held;

Publish the list of items to be discussed at a meeting, including details or documents relating to an item on the City of Gold Coast’s website.

1929 Power to decide to accept a tender or not to accept any tenders received.

1930 Power to invite written quotes for a medium-sized contractual arrangement.

1931 Power to decide to accept a quote or to decide not to accept quotes received for a medium sized contractual arrangement.

1932 Power to invite written tenders for a large-sized contractual arrangement.

1933 To spend money on advertising to provide information or education that is in the public interest and consistent with the City of Gold Coast’s Advertising Expenditure Policy.



Deleg No

Delegation Wording

1935 To withdraw legal proceedings when the cause of the complaint has been resolved.

1937 To decide the return, reduction or refund of security (bond and/or bank guarantee) pursuant to section 11 of the Gold Coast Planning Scheme Policy 11 – Land Development Guidelines.

1938 To authorise the call up or release of a contract security guarantee. The exercise of this delegation is limited to contracts pertaining to those areas of responsibility that fall with the delegate’s role.

1939 To grant rebates on rates and charges, subject to conditions determined from time to time in the City of Gold Coast’s Rates Rebate Policy.

1941 To allow discount if satisfied the ratepayer has been prevented by circumstances beyond their control, from paying the rates or charges in time to get a discount.

1942 To institute prosecutions and/or legal proceedings for the enforcement of any and all legislation or Council Local Law administered by Council except for Town Planning and Building matters.

1943 Power to recover overdue rates or charges by bringing Court proceedings for a debt.

1946 The power to:-

a) approve strategic initiatives/programs of activity for funding from the Regional Arts Development Fund; b) approve applications as recommended by the Regional Arts Development Committee for funding from the Regional Arts Development Fund; and c) take all actions necessary and sign and execute all documents (including but not limited to signing cheques requisitions) relating to the Regional Arts Development Fund.

1950 To enter into a Memorandum of Understanding with Queensland Police Service to formalise the current collaborative partnership on issues of mutual interest

1951 To determine requests referred to the Chief Executive Officer from Councillors (including the Mayor) to provide financial assistance, both cash and/or in-kind, to not-for-profit community organisations up to the value of $10,000 in connection with the staging of community events and concerts in accordance with the Community Grants Policy and also requests to provide financial assistance in connection with City and/or civic events, functions and/or ceremonies.

1955 To finalise and enter into formal agreements for the delivery of Green Army projects

1995 To enter into, vary and discharge this financial agreement for the expansion of Bank of Queensland contact centre operations to City of Gold Coast. This authority is limited to this contract where Council has provided for the expenditure in its approved budget, and where the contract sum does not exceed the approved amount.

1996 To enter into, vary and discharge this financial agreement for the attraction of a new glass manufacturing plant.

CONDITION: This authority is limited to this contract where Council has provided for the expenditure in its approved budget, and where the contract sum does not exceed the approved amount.

1997 To monitor, condition and alter the Trustee Permit conditions for Stanmore Park Motocross Facility as appropriate, in consultation with the Divisional Councillor.



Deleg No

Delegation Wording

1998 To do all things necessary pertaining to contract documentation relating to the purchase of 2725 Gold Coast Highway, Broadbeach by Strzelecki Pty Ltd, to give effect to Council’s resolution of items 1 and 2 herein including specific reference to the creation of a covenant, determination of the purchase price for the City’s land at $3 million etc as mentioned in the background of this report.

2000 To enter into an MOU with the Runaway Bay Sport and Leadership Excellence Centre, Griffith University and Papua New Guinea Olympic Committee to progress initiatives as outlined in the report.

2005 To approve individual divisional works projects with an estimated value less than $10,000 for commencement, which are approved as part of the Divisional works program and adopted as part of Council’s budget, in accordance with Council’s “Divisional Program Policy”.

2006 To write off either in whole or in part any rate or charge levied in accordance with Chapter 4 of the Local Government Act 2009 and any charge, fee or fine or other item of income specified in Council’s approved schedule of fees and charges where such were raised, levied or calculated in error.

2007 Power to: 1) serve a notice of discontinuance of a resumption (s16(1) Acquisition of Land Act 1967) and 2) agree with the claimant about the amount of compensation payable under subsection (1). (s16(1B) Acquisition of Land Act 1967) and 3) take all actions necessary to implement such determination. Power to have the amount of compensation payable under subsection (1) taxed by an officer of the Supreme Court (s16(1C) Acquisition of Land Act 1967)

2008 To administratively process and approve applications for deferral or remission to a ratepayer of a class of ratepayers stated in Council’s register of Rates and Charges as adopted from time to time.

2009 Power to invite expressions of interest, prepare a shortlist and invite written tenders pursuant to s.228 Local Government Regulation 2012. (s228(2)(b) Local Government Regulation 2012) CONDITION: The Chief Executive Officer is authorised to enter into any contract pursuant to a tender received in respect of the exercise of this delegation where the value of the tender falls within any authority or power delegated to him from time to time. All uses of this delegation shall be reported to the next practicable Coordination Committee meeting and shall include, where appropriate, the reasons why the lowest tender was not accepted.

2010 To make, amend or discharge a contract (the contractual action) subject to:

a. the total amount of the contract, including any variation thereto, has been provided for in the approved annual budget for the financial year when the contractual action is taken or

b. the contractual action is taken because of genuine emergency or hardship.

CONDITION: A report shall be presented to the next appropriate Committee meeting listing all contracts entered into under this delegation, where the value of the contract is $200,000 or more, and if the contract was not awarded to the lowest tenderer, the Report shall clearly state the reason for the selection of the successful tenderer. (s262(3)(a) LG Act (Power in Support of Responsibilities – Power to Enter into Contracts)




Power to enter into a medium sized contractual arrangement or large sized contractual arrangement in accordance with a quote or tender consideration plan adopted by Council resolution. (S230(1) LG Reg 2012)

Power to enter into a medium-sized contractual arrangement or large sized contractual arrangement for services with a person on an approved contractor list. (s231(2) LG Reg 2012)

Power to put together an approved contractor list. (s231(4) LG Reg 2012)

Power to enter into a medium-sized contractual arrangement or large sized contractual arrangement for the supply of goods or services with a supplier from a register of pre-qualified suppliers. (s232(2) LG Reg 2012)

Power to establish a register of pre-qualified suppliers of particular goods and services (s232(3) LG Reg 2012)

Power to enter into a medium-sized contractual arrangement or large sized contractual arrangement for goods or services with a preferred supplier under a preferred supplier arrangement. (s233(2) LG Reg 2012)

Power to establish a preferred supplier arrangement by inviting tenders. (s233(3) LG Reg 2012)

Power to enter into a contract for goods and services under an LGA arrangement. (s234(1) LG Reg 2012)

Power to enter into a medium-sized contractual arrangement or large sized contractual arrangement in circumstances specified in s235 Local Government Regulation 2012. (s235 LG Reg 2012)

2011 Power to invite written tenders for a valuable non-current asset contract or to offer a non-current asset for sale by auction. (s227 Local Government Regulation 2012)

Power to dispose of a valuable non-current asset other than by tender or auction in circumstances specified in section 236 Local Government Regulation 2012. (s236 Local Government Regulation 2012)

2012 To determine requests for relief from water consumption and/or volumetric charges for water used in a genuine fire emergency pursuant to Council’s “Water Usage for Genuine Fire Emergencies Policy”.

2013 To determine, pursuant to the Customer Water and Wastewater Code, the estimated water consumption for the subject water consumption period including but not limited to, the estimated water consumption in which leakage occurred pursuant to Council’s “Water and Sewage Leakage Relief Policy”.

2014 To approve or reject a written request from a Body Corporate to establish a billing arrangement and to sign the appropriate Body Corporate Water Charges Agreement pursuant to Council’s Water Sub-Metering and Billing for Community Titles Schemes Policy.

2015 To determine applications for “Mortgages of Leases” and “Authorities to Enter” in accordance with Council’s Leasing Policy – State Reserves and Council Freehold Land for Sporting, Recreational, Community Services and Educational Purposes.

2016 To determine applications by individuals/groups or community organisations in accordance with Council’s “Parks Usage Policy – Temporary Use of Parks by Individuals/Groups or Community Organisations”.




2017 All relevant Local Government powers contained with the provisions of Council's Local Laws and Subordinate Local Laws and Local Law Policies.

(s28 (Power to make a local law) LG Act 2009 (1) A local government may make and enforce any local law that is necessary or convenient for the good rule and local government of its local government area.)

2018 To waive provision 2.4 of Attachment A – Standards of Council’s “Water and Sewage Leakage Relief Policy” which provides for an entitlement to one leakage remission in any three year period for the same property.

2019 To act on Council's behalf, including the execution of all necessary documentation, with respect to all future matters associated with its responsibilities (as the sole member) under the company constitution of the Surfers Paradise Alliance Ltd.

2020 To sign written agreements (as the Information Asset Custodian) between Council and other parties using approved licence agreements for the provision of Council information/data in accordance with Council's Right to Information and Information Provision Policy.

2021 WRITE OFF/WAIVE DOUBTFUL DEBT

To write-off or waive non-rate debt where the debt remain unpaid and there is a legitimate basis for deciding the outstanding amount is not legally or practically recoverable including but not limited to circumstances where a debtor is under an administrator, insolvent, bankrupt or deregistered. CONDITION: A report detailing amounts written-off pursuant to this delegation be the subject of a report to Council on a 3 monthly basis.

2022 To appoint an Acting Chief Executive Officer in accordance with the Appointment of Acting Chief Executive Officer policy (as amended from time to time).

2025 To undertake and finalise negotiations, sign all papers and do all things necessary to establish and operate either a protective Cell Corporation or Ordinary Captive Insurer Corporation in exercise of Council’s Beneficial Enterprise Power pursuant to Chapter 3 Part 2 of the Local Government Act 2009.

2026 To exercise all powers of the Local Government under the Food Act 2006 including the power to make decisions, to implement proceedings pursuant to the Act and to institute proceedings and sign documents and to give instructions as to the conduct of same.

2027 To exercise all the powers and functions of the Gold Coast City Council in respect of the Public Health Act 2005

2031 Power to sign a document on behalf of a local government as a delegate of the local government.

2038 To enter into agreements with universities awarded Australian Research Council Funding under the Local Government Act 2009 with terms and conditions satisfactory to the Chief Executive Officer including intellectual property and commercial rights.

2040 To exercise each and every power and function of the Gold Coast City Council in respect of the Land Protection (Pest and Stock Route Management) Act 2002

2042 Power to authorise an employee or agent of Council to act as a local government worker. (s138(4) Local Government Act 2009 ) Power to give each local government worker an identity card. (s138A(1) Local Government Act 2009.




2044 Power to set a reserve price for the sale by auction of land for overdue rates and charges.

2045 To exercise each and every power and function of the Gold Coast City Council in respect of the Environmental Protection Regulation 2008

2046 To institute proceedings and/or legal proceedings for the enforcement of any and all legislation or Council Local Law administered by Council except for Town Planning and Building matters. (s11( c) Local Government Act 2009 - sue and be sued) Power to recover overdue rates or charges by bringing Court proceedings for a debt. (s134 Local Government Regulation 2012)

2048 To appoint persons as authorised persons in accordance with Section 202 of the Local Government Act 2009.

2049 To act on Council's behalf, including the execution of all necessary documentation, with respect to all future matters associated with its responsibilities (as the sole member) under the company constitution of the Broadbeach Alliance Ltd.

(S40 (Beneficial Enterprises) Local Government Act 2009).

2050 To act on Council's behalf, including the execution of all necessary documentation, with respect to all future matters associated with its responsibilities (as the sole member) under the company constitution of the Connecting Southern Gold Coast Ltd.

(S40 (Beneficial Enterprises) Local Government Act 2009)

2056 To execute all applicable and necessary documentation to give effect to the approval on behalf of Council for the Deed of Company Arrangement and the conditions upon which it is based for Contract No LG314/254/05/062 for the Supply, Installation, Maintenance, Servicing and Cleaning of Bus Shelters in return for advertising rights.

2061 To execute the Master Facility Terms Agreement which is necessary to formalise an agreed financial arrangement between Queensland Treasury Corporation and Council of the City of Gold Coast, under the Statutory Bodies Financial Arrangements Act 1982.

2062 The following powers to be exercised only within the limitations of policy set by Council from time to time:

Power to exercise category 2 investment powers under sections 42 and 45 of the Statutory Bodies Financial Arrangements Act 1982.

Power, as a statutory body, to operate a deposit and withdrawal account with a financial institution (s31(1))

Power, as a statutory body, to seek the approval of the Treasurer to operate a deposit and withdrawal account with an overdraft facility and to operate on a day to day basis, the account so approved. (s31(2))

Power, as a statutory body, to borrow money and to seek the treasurer’s approval for the borrowing. (s34(1))

Power, as a statutory body, to:

(a) create an encumbrance; and

(b) otherwise transfer property, or assign income, by way of security, and to seek the treasurer’s approval for same.s35(3)

Power, as a statutory body, to keep records that show Council has invested in the way most appropriate in all the circumstances.(s47(2))




Power, as a statutory body, to:-

(a) obtain the Treasurer’s approval for continuing with an investment arrangement referred to in section 52(1); or

(b) liquidate an investment arrangement referred to in section 52(1).(s52(2))

Power, as a statutory body, to enter a derivative transaction. (s53(1))

Power, as a statutory body, to appoint a person as an agent for Part 7, Division 1 and obtain the treasurer’s approval for the appointment. (s53 (1)(b).

Power, as a statutory body, to obtain the treasurer’s approval for the entering of a derivative transaction. (s53(2))

Power, as a statutory body, to give the treasurer a report about a derivative transaction and give a copy of the report to the Minister that administers the Local Government Act 2009. (s55 & s56)

Power, as a statutory body, to appoint a person as a funds manager and obtain the treasurer’s approval for the appointment. (s59)

Power, as a statutory body, to enter a type 1 financial arrangement and obtain the treasurer’s approval for the arrangement. (s60A)

Power, as a statutory body to which section 61 applies, to enter a type 2 financial arrangement and obtain the treasurer’s approval for the arrangement (s61A)

Power, as a statutory body, to sign documents for a financial arrangement under the Act. (s62(1))

Power, as a statutory body, to obtain the treasurer’s approval before signing for a financial arrangement that:-

(a) creates an encumbrance; or

(b) otherwise transfers Council’s property, or assigns Council’s income, by way of security. (s62(2))

Power, as a statutory body, to apply to the treasurer for approval of the exercise of a power under the Act.(s71)

Power, as a statutory body, to respond to a request from the Treasurer for a document or information the Treasurer considers necessary for considering Council’s application under section 71 of the Act. (s72)

Power, as a statutory body, to keep a register of the Treasurer’s approvals under Part 9, Division 3 of the Act for Council’s exercise of a power.(s74)

2064 To decide applications for a discount of infrastructure charges made in accordance with the business rules for administration of the Infrastructure Charges Stimulus Package (2012) (Construction Kickstart).

2065 To:

a) Determine a fee for a development application where the fee schedule adopted by Council does not prescribe a fee for any service; or

b) where the Chief Executive Officer determines a prescribed fee is not equitable in the circumstances to increase or decrease the prescribed fee.

2068 To make arrangements for the payment of unpaid Sundry Debtor accounts by installment in accordance with the City's Debt Recovery (where Sundry Debtors are defined in the Debt Recovery Policy).

2074 To approve individual projects with an estimated cost up to and including $20,000 in accordance with the Local Area Works & Services Program Policy, with projects ultimately costed at more than $20,000 to be reported to Council on a three monthly basis.



Attachment 2 DELEGATION TO BE MADE

Existing Delegation Reason New Delegation

The 2015/16 Adopted Fees and Charges provides “Director Community Services or their delegate may waive or reduce fees based on certain criteria e.g. benefit of the City, benefit to the community or promotion of tourism.” AND 68 - To determine refunds of licence and registration fees. 98 - To waive and/or refund impounding and release fees.

Amendment required to give clarity to wording for fee waivers and to correct the Delegation so that it is given to CEO in first instance in accordance with s.257 Local Government Act 2009 which provides: “A local government may, by resolution, delegate a power under this Act or another Act to— (a) the mayor; or (b) chief executive officer; or (c) standing committee, or joint standing committee, or (d) the chairperson of a standing committee, or joint standing committee, of the local government; or (e) another local government, for the purposes of a joint government activity.”

The CEO or their delegate may waive or reduce fees/charges contained in Council’s Adopted Register of Fees and Charges based on certain criteria e.g. benefit of the City, operations of charities, voluntary or incorporated not for profit organisations or activities that directly promote tourism .

1872 - Power, as administering authority, to approve (or refuse where the conditions in this section have not been complied with) an application for payment of a fine by instalments. 1873 - Power, as administering authority, to submit particulars required for registration of approval of instalment payments with the State Penalties Enforcement Registry. 1874 - Power, as administering authority (for the Water Act 2000, Water Supply (Safety and Reliability) Act 2008 and Transport Operations (Road Use Management) Act 1995), to withdraw an infringement notice.

To broaden delegation to incorporate all Acts administered by the City and for which the City has responsibility for issuing infringement notices.

Power pursuant to the State Penalties Enforcement Act 1999: 1) To withdraw an infringement

notice (S.28(1)). 2) To give the State Penalties

Enforcement Registry a default certificate for registration in respect of any recipient of an infringement notice who has not taken action within the time period provided by the infringement notice (S.33(1))

3) To: (a) commence proceedings

against an applicant for an offence; or




1875 - Power, as administering authority (for the Water Act 2000, Water Supply (Safety and Reliability) Act 2008 and Transport Operations (Road Use Management) Act 1995), to give the State Penalties Enforcement Registry a default certificate for registration in respect of any recipient of an infringement notice who has not taken action within the time period provided by the infringement notice.

1876 - Power, as administering authority (for the Water Act 2000, Water Supply (Safety and Reliability) Act 2008 and Transport Operations (Road Use Management) Act 1995), to: (a) commence proceedings against an applicant for an offence; or (b) accept payment of the fine in full; or (c) issue a fresh infringement notice where the registrar has cancelled an enforcement notice and referred the matter back to Council.

1877 - Power to approve forms for use as infringement notices (for the Water Act 2000, Water Supply (Safety and Reliability) Act 2008 and Transport Operations (Road Use Management) Act 1995).

(b) accept payment of the fine in full; or

(c) issue a fresh infringement notice

where the Registrar has cancelled an enforcement notice and referred the matter back to Council (S.57(5)).

4) To approve forms for use as infringement notices (S.162).

5) To approve (or refuse where the

conditions in this section have not been complied with) an application for payment of a fine by instalments.

6) To submit particulars required for

registration of approval of instalment payments with the State Penalties Enforcement Registry

1936 - To sign and issue a remedial notice or reasonable entry notice to enable Council to perform its responsibilities or to ensure that a person complies with the Local Government Act 2009 and the other Local Government Acts including complying with a remedial notice Chapter 5 Part 2 Division 2 Local Government Act 2009.

Incorporation of the power to issue a Stop Order (s.43) and a Performance of Work Notice (s.44) pursuant to Local Law 3 into the delegation which are power not previously been delegated by Council to the CEO.

To: 1) Sign and issue a remedial notice

or reasonable entry notice to enable Council to perform its responsibilities or to ensure that a person complies with the Local Government Act 2009 and the other Local Government Acts including complying with a remedial notice Chapter 5 Part 2 Division 2 Local Government Act 2009.

2) Sign and issue an Oder or Notice pursuant to Council’s Local Laws.as amended from time to time




506 - To determine access to restricted records of Council and its predecessor agencies held at Queensland State Archives. 2047 - To ensure the safe custody of all records about the proceedings, accounts or transactions of Council or its Committees and all documents owned or held by Council.

Currently 506 and 2047 are the only delegated powers under the Public Records Act 2002. The full suite of powers should be delegated to ensure Council complies with its obligations under the Public Records Act 2002.

To exercise the following powers pursuant to the Public Records Act 2002: Make and keep records of Council’s activities.(s.7(1)(a)) Have regard to any relevant policy, standards and guidelines made by the archivist about the making and keeping of public records (s.7(2)) Ensure the safe custody and preservation of Council’s records. (s.8(1))

Given written notice to the State archivist of the existence of a public record in Council’s possession which is more than 25 years old (s.10(1)(a))

Give a public record in Council’s possession, which is more than 25 years old, to the State archivist (s.10(1)(b))

Give a public record in Council’s possession, which is 25 years old or less, to the State archivist (s.11(2))

Take action to ensure that a public record remains able to be produced or made available (s.14(2))

Give written notice to the State archivist of a restricted access period for a public record (s.16)

As a responsible public authority to give the State Archivist a written notice stating— (i) the public authority has classified a record which has a restricted access period as a record to which unrestricted access is allowed; or




(ii) access to a record which has a restricted access period may be given on conditions stated in the notice. S.18(2)(b) As a responsible public authority to give the State archivist written notice of a change to the restricted access notice for a record (s.19(2) As a responsible public authority to refer a dispute about a restricted access notice for a public record to the committee (s.19(4)) To apply to the State archivist for, or consent to, an authorisation for the disposal of particular public records or classes of public records (s.26(1)) To make an arrangement with the State archivist for the storage of public records (s.28) As a public authority to make a written application to the committee for a review of a decision by made by the archivist refusing to authorise the disposal of particular public records or classes of public records. (s.39(1))



Attachment 3 DELEGATIONS TO BE REVOKED

Del No.

Delegation Wording Reason for Revocation

215 Authorised to apply Council's Excess Water Leakage Policy.

(New Policy adopted by Council F99.1007.006) "Relief from Water Consumption Charges Due to Water Leakage").

Policy superceded

451 To do all things necessary to be done under the Local Government Act 1993, The Acquisition of Land Act 1967, Native Title (Qld) Act 1993 and the Commonwealth Native Title Act 1994 (as amended) including the hearing of any objections to complete the acquisition of

1) Part of Nerang State Forest SF571 - Approximately 1 ha

2) Portion of Yarrayne Road - Approximately 0.5 ha in accordance with the Acts.

One-off delegation

582 To issue certificates pursuant to section 490 of the Environmental Protection Act 1994 (subject to the limitation that the certificates issued are only used in respect of Court proceedings in relation to those matters referred to in sections 8, 9 and 68 of the Environmental Protection (Waste Management) Regulation 2000).

Legislation Repealed

1042 To execute the following documents, on behalf of Council, in the matter of Palm Beach-Currumbin Pool and Sports Complex - Dissolution of Headlease and Sublease and Development of New Management Agreement:

(a) Deed of Settlement between Council and the Wendens.

(b) Deed of Termination of Palm Beach & Currumbin Pool & Sports Complex

Trust.

(c) Deed of Surrender of Lease to Palm Beach &Currumbin Pool & Sports

Complex Trust.

(d) Deed of Surrender of sub-lease to Michael and Narelle Wenden.

(e) Management Services Agreement with Michael and Narelle Wenden at

the Palm Beach Currumbin Swimming Pool Complex for the period from 1

November 2005 to 18 September 2008, plus a two (2) year option.

(f) Surrender of Lease (Form 8).

Delegation no longer required

1071 To authorise allocated emergency relief funding to the landholders effected by the declared disaster at Currumbin Hill being those residents at 5 Lansell avenue, 7 Lansell Avenue and 63 Crest Drive.

Advice from EC Revenue Services - no longer required

1072 To finalise and sign the Southern Regional Water Pipeline Shareholders Agreement and Constitution - subject to Councils' legal advisors agreement to the final content.

Agreement complete



Del No.


1124 To enter into a tankering agreement with Finburn Pty Ltd and any other associated agreements for the tankering of sewage for all Stages (1 to 6) of the Coomera Springs Development and the bonding of the temporary wasterwater connection works subject to the following terms and conditions:

(a) Finburn Pty Ltd provide an unconditional bond for the construction of the temporary wastewater connection (plus 20%) but not less than $250,000; and

(b) That the Chief Executive Officer ensures that any temporary infrastructure that may be required is also at the cost of Finburn Pty Ltd.

Agreement complete

1125 To enter into a tankering agreement with Devine (Lot 165 RP835742) and/or Hillscorp (Lots 120 and 121 RP186347) subject to the condition that, in the event Devine or Hillscorp submit survey plans prior to the completion of the 525mm diameter trunk wastewater gravity main, these developments be permitted to enter into a tankering agreement with Council subject to terms and conditions being satisfactory to the Chief Executive Officer:

a) Unconditional bond at least $200,000;

b) Timing of the tankering agreement is unlimited; and

c) Any temporary infrastructure that may be built is also at the cost of the applicant.

Agreement completed

1589 To approve minor variations to contract no. LG314/765/09/018 for the Register of Pre-Qualified Services for Supply and Installation of

Traffic Signals for three (3) years submitted by:

- Utilec Pty Ltd (aft Utilec Unit Trust)

- Civlec Pty Ltd (t/a Trafflec)

- J & P Richardson Industries Pty Ltd

- Traffic Systems Technology Pty Ltd

- Sovereign Energy pty Ltd (aft The Sovereign Energy Trust)

Contract expired

1674 To approve minor variations to Co To finalise and adopt the tender consideration plans for contract LG314/411/12/021 with Commonwealth Bank and Australia Post for banking and financial services for one year.ntract No: LG314/765/11/012 for removal and disposal of asbestos materials and products for three years.

Contract expired

1676 To finalise and adopt the tender consideration plan, which it is noted will result in the CEO negotiating and making a multi-year contract with Open Text Pty Ltd for supply of web content management software, services and hardware.

Contract expired

1677 To finalise and adopt the tender consideration plan, which, it is noted, will eventuate in the creation of a contract with a supplier for which the provision of Cisco IP telephony solutions and services, as a result of a public tender process.

Contract expired



Del No.


1683 That pursuant to section 257 of the Act to delegate to the Chief Executive Officer of Council its powers under section 38 of the Act and section 18 of the Local Government (Operations) Regulation 2010 to decide –

a. How the Public Interest Test of Rental Accommodation (Amendment) Subordinate Local Law (no 1) 2010 is to be conducted; and b. The matters with which the Public Interest Test Report in relation to the Subordinate Local Law must deal; and c. The consultation process for the Public Interest Test and how the process is to be used in the Public Interest Test.

One-off delegation

1693 To make, vary and discharge an agreement to defer payment of the Nerang Caravan Park Access Bridge Special Charge, if the owner does not have the financial capacity to make the payment by the due date, on terms that:

i) repayment of the full amount of the charge, or such amount is unpaid on the due date, by progressive instalments over a period of not more than four (4) years ending not later than 30 June 2015;

ii) the amount payable will include a premium equal to Council's ongoing cost of borrowing after the due date for payment of the special charge;

iii) the amount outstanding under the agreement will become immediately payable, at the option of the Council, if any instalment or other amount payable under the agreement is not paid by the last day of the period specified in the agreement as the period within which the instalment or other amount is payable;

iv) the amount outstanding under the agreement will become immediately payable, at the option of the Council, upon:

a) the issue of a development permit for reconfiguration or material change of use of the rateable land; or

b) the transfer of ownership of the land;

v) all amounts that are not paid when they should be paid will bear interest as an overdue rate from the day after the date on which payment was due.


1694 To enter into alternative deferral agreements (in relation to the Nerang Caravan Park Access Bridge Special Charge) which:

i) permit a period for repayment longer than four (4) years; or

ii) waive all or part of the premium, but

iii) otherwise entail no departure from the terms specified in paragraph (2) above where he consider that particular circumstance of hardship warrant the action.


1718 To finalise and adopt the tender consideration plans, which, it is noted, will eventuate in the creation of contracts with OnTheNet, Optus and Telstra for the supply of telecommunications services.

Contract expired

1719 To finalise and adopt the tender consideration plan, which, it is noted, will eventuate in the creation of a contract with SAP Australia Pty Ltd for the provision of specialist resources for Council's ERP/Property Program until the tender process for the Labour Hire Preferred Supplier Arrangements is concluded (approximately 4 months).

Contract expired



Del No.


1752 To finalise and adopt the tender consideration plans for contract LG314/411/12/021 with Commonwealth Bank and Australia Post for banking and financial services for one year.

Contract expired

1837 To certify four (4) copies of Regulated Parking (Amendment) Subordinate Local Law (No 1) 2013 and four copies of the consolidated version of Gold Coast City Council Subordinate Local Law No 2 (Regulated Parking) 2006.

One-off delegation

1838 Pursuant to Section 38 of The Local Government Act and Section 16 of the Local Government Regulation 2012 the power to decide:-

a) how the Public Interest Test in relation to the proposed Local Law and Subordinate Local Law is to be conducted; b) the matters with which the Public Interest Test Report in relation to the proposed Local Law and Subordinate Local Law must deal; and c) the consultation process for the Public Interest Test and how the process is to be used in the Public Interest Test.

One-off delegation

1839 Pursuant to Section 38 of The Local Government Act and Section 16 of the Local Government Regulation 2012 the power to decide:- a) how the Public Interest Test in relation to the proposed Local Law and Subordinate Local Law is to be conducted; b) the matters with which the Public Interest Test Report in relation to the proposed Local Law and Subordinate Local Law must deal; and c) the consultation process for the Public Interest Test and how the process is to be used in the Public Interest Test.

One-off delegation

1851 Under Section 257 of the Local Government Act 2009 ("the Act") Council to delegate its powers pursuant to Section 38 of The Act and Section 16 of the Local Government Regulation 2012 to decide:-

a) how the Public Interest Test in relation to Amending Local Law No 44 (Heavy Vehicle Parking (2013) is to be conducted; b) the matters with which the Public Interest Test Report in relation to Amending Local Law No 44 (Heavy Vehicle Parking) 2013 must deal; and c) the consultation process for the Public Interest Test and how the process is to be used in the Public Interest Test.

One-off delegation

1884 To enter into, vary and discharge financial agreement with Village Roadshow Studios and Screen Queensland for overseas feature film production. The authority is limited to this contract where Council has provided for the expenditure in its approved budget, where the contract sum does not exceed the approved amount.

One-off delegation

1890 To finalise and adopt the tender consideration plan for recycling services at the Reedy Creek Resource Recovery Centre (LG314/411/14/062) which will eventuate in the creation of contracts with one or more selected social benefit suppliers.

One-off delegation

1908 The power to certify four (4) copies of Regulated Parking (Amendment) Subordinate Local Law (No 2) 2013 and the consolidated version of Subordinate Local Law No. 2 (Regulated Parking) 2006.

One-off delegation



Del No.


1909 To finalise and adopt tender consideration plan for Contract no LG314/411/10/162T - Standing Offer Arrangement for the Supply Inspection testing and Delivery of Water Meter Dirt Boxes and Meters for a period of 3 months by Elster Metering Pty Ltd.

1910 To finalise and adopt the tender consideration plan for Local Buy Contract no BUS225/1211 for the provision of air monitoring and consulting services associated with landfill gas management at Suntown Landfill for a period of 3 years commencing 1 January 2014 by AECOM Australia Pty Ltd.

One-off delegation.

1911 To sign the offset Deed of Agreement between Council and the Department of Transport and Main Roads for the restoration of Lower Beechmont Conservation Area.

No longer required.

1915 To finalise and adopt the tender consideration plan which it is noted will eventuate in the creation of a contract extension LG314/254/12/008 with Paramount Service Pty Ltd atf The Trustee for Paramount Service Trust for the citywide provision of maintenance services for traffic signals for a period of four months.

On-off delegation

1921 To sign Deed of Variation of Development Agreement "Couran Cove" at Doeblien Drive, South Stradbroke Island dated 6 February 2014.

On-off delegation

1922

To approve and enter into agreements with companies for financial assistance packages under $100,000, as part of the Investment Attraction Incentive Funding Program for Gold Coast CBD, Yatala Enterprise Area, City Wide Programs (including sport) and Film Attraction Program.

One-off delegation.

1923 To certify four (4) copies of:- 1. each proposed local law and subordinate local law made in accordance with resolutions 4 and 5 (above); 2. each consolidated version of a local law or subordinate local law made in accordance with resolutions 6 and 7.

On-off delegation

1944 To finalise and adopt the tender consideration plan for contract no. LG314/411/10/250T which will eventuate into a contract extension with Reward Supply Company Pty Ltd t/a Reward Distribution.

On-off delegation

1960 To negotiate final terms of the contract and execute it on Council's behalf. On-off delegation

1992 To allocate funds in accordance with the Export Assistance Scheme 2014-15 guidelines.

2014-15 year only

2001 To negotiate the final terms of the contract for Gold Coast 600 (Motor Racing Event 2014 (LG426/602/P12) and execute it on Council's behalf.

2014 event

2002 To forward the submission relating to the proposed draft Planning and Development Bill 2014 and draft Planning and Environment Court Bill 2014 to the Department of State Development, Infrastructure and Planning for consideration.

On-off delegation



Del No.


2055 To finalise and adopt the tender consideration plan (Contract LG314/621/15/048 - Bus Shuttle Services from Gold Coast Turf Club to Waterside and Evandale Office Precincts), which it is noted, will eventuate in the creation of a contract with Volunteering Gold Coast.

On-off delegation

2057 To enter into a Deed of Agreement with the State Government for the City of Gold Coast to receive $520,000 of Cycle Network Local Government Grant funding in financial year 2014-15.

2014/15 Year Only


ITEM 10 (Continued) OFFICE OF THE CHIEF EXECUTIVE OFFICER AUDIT COMMITTEE MEETING – 23 NOVEMBER 2015 LG115/1190/04/16/CF(P2) REPORT CONFIDENTIAL COMMITTEE RECOMMENDATION GA15.1208.010 moved Cr Crichlow seconded Cr Owen-Jones 1 That the report/attachment be deemed a confidential document and be treated as

such in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009 and that the document remain confidential unless Council decides otherwise by resolution.

2 That Council adopt the recommendations of the Audit Committee determined at its meeting held on 23 November 2015 Quarterly Meeting as follows:

AC15.1123.001– Potential Conflicts of Interest Declarations and other disclosures

a The Audit Committee notes Mr Len Scanlan’s advice that he is no longer a member of the Finance Audit and Risk Management Committee for Checkup Australia.

AC15.1123.002– Minutes of Previous Audit Committee Meeting

b The Audit Committee notes that the recommendations of its meeting held on 8 October 2015 were resolved at the Governance Administration and Finance Committee meeting of 29 October 2015 and subsequent Council Meeting on 2 November 2015 without change.

c The Audit Committee notes that the recommendations of its meeting held on 29 October 2015 were presented at the Governance Administration and Finance Committee meeting of 12 November 2015.

AC15.1123.003 - Audit Committee Action Request Register Update

d The Audit Committee notes the update on action requests from prior committee meetings.

AC15.1123.004 –CEO Update

e The Audit Committee notes the update from the CEO, covering:

i Corporate Structure

ii Credit Review

iii Cultural precinct

iv Commonwealth Games

v ICT Service Transformation Program

vi Modern Award

AC15.1123.005 – Director Presentation – Economic Development and Major Projects

f The Audit Committee notes the directorate presentation for Economic Development and Major Projects by the Director.

AC15.1123.006 - Commonwealth Games Update

g The Audit Committee notes the Commonwealth Games Federation June 2015 Coordination Commission Evaluation report.


ITEM 10 (Continued) AUDIT COMMITTEE MEETING – 23 NOVEMBER 2015 LG115/1190/04/16/CF(P2) REPORT CONFIDENTIAL

AC15.1123.007 – ICT Service Transformation Program - Progress Update

h The Audit Committee notes the ICT Service Transformation update.

i A further progress report be considered by the Audit Committee at the next committee meeting in March 2016.

AC15.1123.008 – Quarterly Update - Financial Management

j That the Audit Committee notes the Quarterly Financial Management update from the Manager Corporate Finance.

AC15.1123.009 - External Update to Audit Committee

k That the Audit Committee notes the Briefing Note from the Queensland Audit Office including the:

i Audit Activity, in particular the Final 2014-15 Management Report.

ii Performance Audit Update

iii Amendment to Local Government Regulation as a result of the Report to Parliament #19 of 2014-15 Fraud Management in Local Government

iv Parliamentary Reporting Update.

AC15.1123.010 - Asset Data Improvements

l That the report on the Asset Data Improvement Initiative be noted.

m That the Manager Corporate Asset Management provide an update on Asset Data Improvements to the Audit Committee as part of the next Asset Management update report (tentatively July 2016).

AC15.1123.011 - Fraud and Corruption Management – Bi-Annual Report

n That the Audit Committee note the Fraud Control Program - Bi-Annual Update Report, including matters relating to the restructure of the Integrity and Ethical Standards Unit.

AC15.1123.012 - Corporate Risk and Safety

o That the Audit Committee notes the Corporate Risk Update Report.

AC15.1123.013 - Quarterly Internal Audit Report

p The Audit Committee notes the Internal Audit Update Report presented by the Manager Corporate Assurance.

AC15.1123.014 - Presentation of Internal Audit Final Report – Cyber Security Threat Profile

q The Audit Committee notes the presentation of the Cyber Security Profile - Discussion Report (November 2015) by Internal Audit officers involved in the activity.


ITEM 10 (Continued) AUDIT COMMITTEE MEETING – 23 NOVEMBER 2015 LG115/1190/04/16/CF(P2) REPORT CONFIDENTIAL

AC15.1123.015 – Internal Audit Final Reports Q 4 - 2014-15

r The Audit Committee notes the provision of the following Internal Audit Executive Summary Reports and Other Assurance Activities covering:

i Review of the Total Cost of Ownership (TCO) Models for LGP and Managed Services

ii ICT Vulnerability Scanning and Penetration Testing Assurance

iii Continuous Controls Monitoring and Reporting

iv ICT Service Transformation Assurance Activity Closure Memo

AC15.1123.016 – Externally Initiated Assurance Activities

s The Audit Committee notes the status update on externally initiated assurance activities currently being conducted across Council, including:

i Right to Information & Information Privacy

ii CCC Compliance Review

iii CCC Financial Decision Making Research Activity (currently deferred)

AC15.1123.017 – Management Initiated Assurance Activities

t The Audit Committee notes the update on management initiated assurance activities being monitored by Corporate Assurance, including PCI-DSS Payment Card Security Gap Analysis.

AC15.1123.018 – Final Charters - Audit Committee and Internal Audit

u That the Audit Committee notes the final version of the Audit Committee Charter updated in September 2015 and endorses the Audit Committee Charter to be formally approved by the Chief Executive Officer for submission to Council.

v That the Audit Committee notes the final version of the Internal Audit Charter updated in September 2015 and endorses the Internal Audit Charter to be formally approved by the Chief Executive Officer for submission to Council.

AC15.1123.019 – Audit Committee Chair’s Annual Report to Council

w That the Audit Committee notes the 2014-15 Audit Committee Chair’s report to be presented to the Governance Administration and Finance Meeting on 26 November 2015.

AC15.1123.020 – Audit Committee Forward Meeting Schedule 2014

x That the Audit Committee notes the tentative Forward Meeting Schedule for the 2016 calendar year following the Local Government election scheduled for 19 March 2016.

y That the Audit Committee notes the next scheduled committee meeting is 4 March 2016.

CARRIED


ITEM 11 OFFICE OF THE CHIEF EXECUTIVE OFFICER AUDIT COMMITTEE COMPOSITION LG964/06/16/02/CF(P1) 1 BASIS FOR CONFIDENTIALITY

1.1 I recommend that this report be considered in Closed Session pursuant to section 275 (1) of the Local Government Regulation 2012 for the reason that the matter involves

(h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else, or enable a person to gain a financial advantage.

1.2 That the report be deemed non confidential except for those parts deemed by the

Chief Executive Officer to remain confidential such in accordance with sections 171 (3) and 200 (5) of the Local Government Act 2009.

2 EXECUTIVE SUMMARY Not Applicable. 3 PURPOSE OF REPORT This report recommends the addition of a fourth independent member to Council’s Audit Committee, and recommends extensions to the tenure of existing independent members to provide staggered tenure periods for succession planning purposes. The report was requested by Councillors following the Audit Committee chairperson’s annual report presentation to the Governance, Administration and Finance Committee meeting on 23 November 2015. 4 PREVIOUS RESOLUTIONS GA15.0528.003 (in part) 1 That Council extend the appointment of Mr Bill Turner as independent member to the

Audit Committee for a further two years to 30 June 2017.

2 That Council appoint Mr Bill Turner as Audit Committee chairperson from 1 July 2015 to 30 June 2017.

3 That Council acknowledges the contribution of current Audit Committee chairperson, Mr Graeme Stratford, and thanks him for his dedication in the role over the past three years.

GA14.0624.012 (in part)

That Council take up the options to continue the existing appointment of the following independent external members to the Audit Committee for the specified terms:

o Mr Graeme Stratford – 1 July 2014 to 30 June 2016

o Mr Len Scanlan – 1 July 2014 to 30 June 2016.

That Council appoint Mr Graeme Stratford as Audit Committee chairperson to 30 June 2015.


ITEM 11 (Continued) AUDIT COMMITTEE COMPOSITION LG964/06/16/02/CF(P1)

That the remuneration of independent external members ($17,200pa) and the additional Chairpersons remuneration ($8,450pa) continue to be CPI adjusted annually over the term of the appointments.

That the CEO issue letters of appointment to bring effect to the above appointments.

That Council note the appointment of external members will require funding over more than one financial year, and that similar annual funding to that approved in the 2013-14 budget will be required in future years.

GA12.0619.011(in part)

That Council appoint the following independent external members to the AAC for the specified terms:

o Mr Graeme Stratford – 1 July 2012 to 30 June 2014, with a two year optional extension at the discretion of Council

o Mr Len Scanlan – 1 July 2012 to 30 June 2014, with a two year optional extension at the discretion of Council

o Mr Bill Turner - 1 July 2012 to 30 June 2015

That Council separately appoint Mr Graeme Stratford as AAC chairperson to 30 June 2014 with the appointment to be reviewed at that time.

That the remuneration of independent external members ($17,200pa) and the additional Chairpersons remuneration ($8,450pa) continue to be CPI adjusted annually over the term of the appointments.

That the CEO issue letters of appointment to bring effect to the above appointments.

That Council note the appointment of external members will require funding over more than one financial year, and that similar annual funding to that approved in the 2012-13 budget will be required in future years.

5 DISCUSSION Section 105(3) of the Local Government Act 2009 requires each large local government to establish an Audit Committee. Council’s Audit Committee Policy and Charter set out the purpose, responsibilities, membership and administrative arrangements for the committee in accordance with legislative requirements. The composition of a local government Audit Committees is further prescribed in section 210 of Local Government Regulation 2012, which requires the committee to:

consist of at least three and no more than six members;

include two, but no more than two, councillors appointed by the local government; and

include at least one member who has significant financial skills and experience.


ITEM 11 (Continued) AUDIT COMMITTEE COMPOSITION LG964/06/16/02/CF(P1) Currently the City of Gold Coast Audit Committee consists of five members:

two councillors – Mayor and Chair of Governance, Administration and Finance Committee; and

three independent members – Mr Bill Turner (Chair), Mr Len Scanlan, and Mr Graeme Stratford.

The Audit Committee Charter, which has been recently reviewed by the Audit Committee and recommended to Council, allows for the composition of the Audit Committee to be:

the Mayor;

one other Councillor nominated by Council (normally the chair of the standing committee to which the Audit Committee reports); and

from one to four independent external members as determined by Council.

Councillor members At its post-election meeting in May 2012, Council appointed the Mayor and Chairperson of the Governance, Administration and Finance Committee (Councillor Owen-Jones) as the two Councillor members of the Audit Committee. Independent members Mr Bill Turner (Chairperson) has been a member of the Audit Committee since July 2012 and chairperson since 30 June 2015. Mr Turner is a Gold Coast resident and holds a range of qualifications relevant to the role of Audit Committee member, including: Bachelor of Commerce, Fellow Australian Society of Certified Practising Accountants; Fellow Chartered Institute of Company Secretaries; Fellow of Australian Institute of Company Directors; Company Directors Course; and Advanced Management Program.

Mr Graeme Stratford was first appointed to the committee in 2005 and served as chairperson from October 2011 to June 2015. Graeme is a registered company auditor; a Chartered Accountant (CA); and was a partner of PriceWaterhouseCoopers (PWC) for 17 years until retiring to take up a range of board and positions in 2001. He has a range of qualifications including a Bachelor of Accounting and a Graduate Diploma in Commercial Computing, and is a Graduate of the Australian Institute of Company Directors. Graeme has broad accounting, corporate governance and business management experience in the private and public sectors and sits on a number of Audit Committees.

Mr Len Scanlan was first appointed to the committee in 2008. He previously held the position of Auditor-General of Queensland from December 1997 until December 2004. Len was a career Queensland public servant and brings a wealth of public sector administration, financial management and audit experience and knowledge from his 31 years in public service. Mr Scanlan has a Masters in Public Administration; a Bachelor of Business (Accountancy); a Bachelor of Arts (Public Administration and Asian Studies) and is an adjunct Professor at the University of Queensland and Bond University. Len is a member of a number of public sector boards and audit committees, including a number of local government entities.


ITEM 11 (Continued) AUDIT COMMITTEE COMPOSITION LG964/06/16/02/CF(P1) Existing member tenure extensions Current independent member appointments to the Audit Committee are due to end as follows:

Mr Graeme Stratford - 30 June 2016

Mr Len Scanlan – 30 June 2016

Mr Bill Turner – 30 June 2017

A 30 June end date falls in the middle of the annual external audit cycle. Given the annual sign-off of Council’s financial statements by the external auditors (QAO) occurs by the end of October, and the committee chairperson’s annual report to Council occurs in November each year, December would be a more appropriate end date for committee appointments. Further, a staggered approached to the end dates of independent member appointments would provide greater stability and allow succession planning on the committee by ensuring that multiple members are not rotated off the committee at the same time. It is proposed that extensions of existing independent committee members be granted to address the matters highlighted above, as follows:

As the longest serving member, Mr Graeme Stratford’s tenure be extended from 30 June 2016 to 31 December 2016.

Mr Len Scanlan’s tenure be extended from 30 June 2016 to 31 December 2017 to provide for a staggered rotation of members.

Mr Bill Turner’s tenure be extended from 30 June 2017 to 31 December 2018 to provide for a staggered rotation of members.

Additional member The chairperson of the Audit Committee, in his recent annual report to Council, identified the need for committee skills and experience to be continually reviewed in line with the changing risk profile of Council. Given the significant focus on ICT related transformation activities over the coming years, the chairperson recommended that Council consider adding a fourth independent member to the committee with a specific background and experience in ICT. Should Council support this request, a publicly advertised merit-based selection process would be undertaken in early 2016, with a view to having the fourth member in place by March 2016. It is expected that the fourth member would be appointed to the committee for an initial period ending 31 December 2019.

6 ALIGNMENT TO THE CORPORATE PLAN, CORPORATE STRATEGIES AND

OPERATIONAL PLAN The Audit Committee supports achievement of the following Corporate Plan 2020 outcomes:

We Manage the City Responsibly


ITEM 11 (Continued) AUDIT COMMITTEE COMPOSITION LG964/06/16/02/CF(P1) 7 COMMONWEALTH GAMES Not applicable. 8 FUNDING AND RESOURCING REQUIREMENTS Budget/Funding Considerations Council remunerates external independent members of the Audit Committee. External members are paid $18,377 per annum which covers all time, travel and incidental expenses paid quarterly in advance, with an additional $9,028 per annum for the independent chairperson. Remuneration is adjusted annually for CPI. These amounts are budgeted within the Corporate Assurance-Audit Committee budget centre funded from SAP Cost Centre 1005509 Audit Committee. The addition of a fourth independent member as recommended in this report will require an increase of $18,377 to the recurrent budget for the Audit Committee from 2016-17. Costs for Capital Works and Service Proposals Not Applicable. In accordance with the budget review guidelines the following circumstances require referral to the Corporate Governance & Finance Committee Not Applicable. People and Culture Not Applicable. 9 RISK MANAGEMENT Council’s audit committee plays a key oversight role in ensuring that governance, risk management and internal control activities s are efficient and operating effectively. 10 STATUTORY MATTERS The Local Government Act 2009 and Local Government Regulation 2012 are relevant. 11 COUNCIL POLICIES The Audit Committee Policy and Charter outline the purpose, responsibilities, membership and administrative matters relating to the operations of the Audit Committee. 12 DELEGATIONS Not Applicable.


ITEM 11 (Continued) AUDIT COMMITTEE COMPOSITION LG964/06/16/02/CF(P1) 13 COORDINATION & CONSULTATION The Chairperson of the Governance, Administration and Finance Committee, the Chief Executive Officer and the current Chairperson of the Audit Committee were consulted in relation to the recommendations contained in this report.

Name and/or Title of the Stakeholder Consulted



Chief Executive Officer, Dale Dickson


Chairperson, Audit Committee Mr Bill Turner

Independent member Consulted Only

Chairperson, GAF Committee Councillor Owen-Jones

Councillor Consulted Only


Not Applicable.


Not Applicable.

14 STAKEHOLDER IMPACTS Continuation of the practice of appointing experienced external professional members to the City of Gold Coast Audit Committee is consistent with strong governance practices and will benefit management, Council and the community by ensuring independent, objective and effective oversight of Council’s operations. 15 TIMING Appointment periods of independent members are staggered where possible to minimise the risk of significant concurrent turnover of committee members and allow for succession planning. 16 CONCLUSION To maintain the existing broad mix of skills, qualifications and experience on Council’s Audit Committee and to continue the current practice of staggering the appointment of independent committee members, it is recommended that Council extend the tenure of the current independent external members as follows:


ITEM 11 (Continued) AUDIT COMMITTEE COMPOSITION LG964/06/16/02/CF(P1) Mr Graeme Stratford - to 31 December 2016

Mr Len Scanlan – to 31 December 2017

Mr Bill Turner – to 31 December 2018

New fourth member – to 31 December 2019 As long serving members of the Audit Committee, it is expected that these would be the final terms of both Mr Graeme Stratford and Mr Len Scanlan. In addition, Council is requested to endorse initiation of a publicly advertised merit-based selection process to appoint a fourth independent member to the committee with a background, skills and experience in the field of ICT. The addition of a member with a strong background in ICT will complement the skills and experience of existing committee members and ensure the committee is able to continue to provide effective oversight and monitoring of Council’s key risk areas, including implementation of the ICT transformation projects. 17 RECOMMENDATION It is recommended that Council resolves as follows: 1 That the report be deemed non confidential except for those parts deemed by the Chief

Executive Officer to remain confidential in accordance with section 171 (3) and 200 (5) of the Local Government Act 2009.

2 That the appointment of Mr Graeme Stratford as independent member to the Audit Committee be extended to 31 December 2016.

3 That the appointment of Mr Len Scanlan as independent member to the Audit Committee be extended to 31 December 2017.

4 That the appointment of Mr Bill Turner as independent member to the Audit Committee be extended to 31 December 2018.

5 That the CEO issue letters of appointment to bring effect to the above.

6 That a fourth independent member with significant skills and experience in ICT related matters be added to the Audit Committee in early 2016 following a publicly advertised selection process.

7 That additional recurrent funding as disclosed in the report for the fourth member be requested via the Special Budget Committee from 2016-17.

8 That Council note the appointment of external members will continue to require funding over more than one financial year, and that similar annual funding to that approved in the 2016-17 budget will be required in future years.


Grant Mather Dale Dickson Manager Corporate Assurance Chief Executive Officer TRACKS REF: 51985515


ITEM 11 (Continued) AUDIT COMMITTEE COMPOSITION LG964/06/16/02/CF(P1) COMMITTEE RECOMMENDATION GA15.1208.011 moved Cr Owen-Jones seconded Cr Tozer 1 That the report be deemed non confidential except for those parts deemed by the

Chief Executive Officer to remain confidential in accordance with section 171 (3) and 200 (5) of the Local Government Act 2009.

2 That the appointment of Mr Graeme Stratford as independent member to the Audit Committee be extended to 31 December 2016.

3 That the appointment of Mr Len Scanlan as independent member to the Audit Committee be extended to 31 December 2017.

4 That the appointment of Mr Bill Turner as independent member to the Audit Committee be extended to 31 December 2018.

5 That the CEO issue letters of appointment to bring effect to the above.

6 That a fourth independent member with significant skills and experience in ICT related matters be added to the Audit Committee in early 2016 following a publicly advertised selection process.

7 That additional recurrent funding as disclosed in the report for the fourth member be requested via the Special Budget Committee from 2016-17.

8 That Council note the appointment of external members will continue to require funding over more than one financial year, and that similar annual funding to that approved in the 2016-17 budget will be required in future years.

CARRIED UNANIMOUSLY

There being no further business the meeting closed at 10:13am.


These Pages

Numbered 1 to 177

Constitute The Report Of The Meeting

Of The Governance Administration & Finance Committee

Held Tuesday 8 December 2015

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