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Local Government (Planning and Reporting) Amendment Regulations 2015

Legislation · Victoria · 2020
Authorised Version Local Government (Planning and Reporting) Amendment Regulations 2015 S.R. No. 47/2015 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 2 4 Principal Regulations 2 5 General information 2 6 New regulation 23A inserted 3 7 Transitional provisions—financial year commencing on 1 July 2016 4 8 Transitional provisions—financial year commencing on 1 July 2017 4 9 Schedule 1 5 10 Schedule 2 5 11 Schedule 3 7 ═══════════════ Endnotes 9 Authorised by the Chief Parliamentary Counsel i -- 1 of 10 -- Authorised Version STATUTORY RULES 2015 S.R. No. 47/2015 Local Government Act 1989 Local Government (Planning and Reporting) Amendment Regulations 2015 The Governor in Council makes the following Regulations: Dated: 9 June 2015 Responsible Minister: NATALIE HUTCHINS Minister for Local Government YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Local Government (Planning and Reporting) Regulations 2014— (a) to prescribe information to be included in a Council annual report; and (b) to remove performance indicators and measures in the budget, revised budget and annual report of a Council; and (c) to make other necessary amendments. 2 Authorising provision These Regulations are made under section 243 of the Local Government Act 1989. Authorised by the Chief Parliamentary Counsel 1 -- 2 of 10 -- Local Government (Planning and Reporting) Amendment Regulations 2015 S.R. No. 47/2015 3 Commencement These Regulations come into operation on 1 July 2015. 4 Principal Regulations In these Regulations, the Local Government (Planning and Reporting) Regulations 20141 are called the Principal Regulations. 5 General information (1) After regulation 14(2)(c) of the Principal Regulations insert— "(ca) a list of contracts entered into by Council valued at $100 000 (or such higher amount fixed in accordance with section 186(1) of the Act) or more of a kind specified in section 186(5)(a) and (c) of the Act; (cb) a list of contracts entered into by Council valued at $100 000 (or such higher amount fixed in accordance with section 186(1) of the Act) or more if the Council did not engage in a competitive process before entering into the contract and it is not of a kind specified in section 186(5) or (5A) of the Act;". (2) After regulation 14(2)(d) of the Principal Regulations insert— "(da) details of current allowances fixed for the Mayor, Lord Mayor (if any) and Councillors; (db) details of the expenses, including reimbursement of expenses, for each Councillor and member of a Council committee paid by the Council, categorised separately as— (i) travel expenses; and (ii) car mileage expenses; and 2 Authorised by the Chief Parliamentary Counsel -- 3 of 10 -- Local Government (Planning and Reporting) Amendment Regulations 2015 S.R. No. 47/2015 (iii) childcare expenses; and (iv) information and communication technology expenses; and (v) conference and training expenses; (dc) a list of any special committees established by the Council that are in operation, and the purpose for which each committee was established;". (3) For regulation 14(2)(g) of the Principal Regulations substitute— "(g) a list of any prescribed documents that are to be made available for inspection for the purposes of section 222 of the Act and the places where those documents can be inspected or copies of those documents can be obtained in accordance with that section;". 6 New regulation 23A inserted After regulation 23 of the Principal Regulations insert— "23A Transitional provision—financial year commencing on 1 July 2014 (1) Subject to subregulations (2) and (3), despite amendments made to these Regulations by the Local Government (Planning and Reporting) Amendment Regulations 2015, these Regulations, as in force immediately before 1 July 2015, continue to apply in relation to the financial year which commenced on 1 July 2014. (2) Despite the commencement of service performance indicator 3 (and the measure relating to that indicator) in Schedule 2 and service performance indicator 3 (and the measure relating to that indicator) in Part 2 3 Authorised by the Chief Parliamentary Counsel -- 4 of 10 -- Local Government (Planning and Reporting) Amendment Regulations 2015 S.R. No. 47/2015 of Schedule 3 coming into operation on 18 April 2014, the report of operations and performance statement in the annual report of a Council for the financial year commencing on 1 July 2014 is not required to include the results achieved in relation to those performance indicators (and the measures relating to those indicators). (3) Despite the commencement of service performance indicators 10(c) and 11(c) (and the measures relating to those indicators) in Schedule 2 coming into operation on 18 April 2014— (a) the report of operations in the annual report of a Council for the financial year commencing on 1 July 2014 is not required to include the results achieved in relation to those performance indicators (and the measures relating to those indicators); and (b) those service performance indicators (and the measures relating to those indicators) do not apply for the purposes of inclusion in the annual report of a Council until the financial year commencing 1 July 2015.". 7 Transitional provisions—financial year commencing on 1 July 2016 In regulation 25(2) and (4) of the Principal Regulations, for "8(a), 9(a) and 10(a)" substitute "8(a), 9(a), 10(a), 10(c) and 11(c)". 8 Transitional provisions—financial year commencing on 1 July 2017 In regulation 26(1) and (2) of the Principal Regulations, for "8(a), 9(a) and 10(a)" substitute "8(a), 9(a), 10(a), 10(c) and 11(c)". 4 Authorised by the Chief Parliamentary Counsel -- 5 of 10 -- Local Government (Planning and Reporting) Amendment Regulations 2015 S.R. No. 47/2015 9 Schedule 1 (1) In column 1 of item 11 of Schedule 1 to the Principal Regulations, for "taken" substitute "undertaken". (2) In column 2 of item 22 of Schedule 1 to the Principal Regulations, for "approved" substitute "reviewed". 10 Schedule 2 (1) In indicator 1(e) (and the measure relating to that indicator) of Schedule 2 to the Principal Regulations, for "interests" (where twice occurring) substitute "interest". (2) In the measure relating to indicator 2(c) of Schedule 2 to the Principal Regulations omit "to Council". (3) Indicator 3 (and the measure relating to that indicator) of Schedule 2 to the Principal Regulations is revoked. (4) In the measure relating to indicator 4(c) of Schedule 2 to the Principal Regulations omit "to Council" (where twice occurring). (5) In the measure relating to indicator 5(c) of Schedule 2 to the Principal Regulations omit "to Council" (where twice occurring). (6) In the measure relating to indicator 7(b) of Schedule 2 to the Principal Regulations omit "to Council" (where twice occurring). (7) In the measure relating to indicator 8(c) of Schedule 2 to the Principal Regulations, for "cost to Council" substitute "direct cost". (8) In the measure relating to indicator 9(c) of Schedule 2 to the Principal Regulations omit "to Council". 5 Authorised by the Chief Parliamentary Counsel -- 6 of 10 -- Local Government (Planning and Reporting) Amendment Regulations 2015 S.R. No. 47/2015 (9) In the measure relating to indicator 9(d) of Schedule 2 to the Principal Regulations, for "non-compliance notifications" substitute "non-compliance outcome notifications". (10) In the measure relating to indicator 9(d) of Schedule 2 to the Principal Regulations, for "non-compliance notifications" (where four times occurring) substitute "non-compliance outcome notifications". (11) In indicator 10(b) of Schedule 2 to the Principal Regulations, for "Community Common Care Standards" substitute "Community Care Common Standards". (12) In the measure relating to indicator 10(c) of Schedule 2 to the Principal Regulations omit "to Council" (where three times occurring). (13) In the measure relating to indicator 11(a) of Schedule 2 to the Principal Regulations, for— "Number of first MCH home visits Number of birth notifications received " substitute— "Number of first MCH home visits × 100". Number of birth notifications received (14) In indicator 11(b) of Schedule 2 to the Principal Regulations, for "Councils enrol all infants in the MCH service" substitute "MCH service is provided in accordance with agreed standards". (15) In the measure relating to indicator 11(c) of Schedule 2 to the Principal Regulations omit "to Council" (where twice occurring). 6 Authorised by the Chief Parliamentary Counsel -- 7 of 10 -- Local Government (Planning and Reporting) Amendment Regulations 2015 S.R. No. 47/2015 11 Schedule 3 (1) In the definition of restricted cash in Part 1 of Schedule 3 to the Principal Regulations, for "cash and cash equivalents" substitute "cash, cash equivalents and financial assets". (2) Indicator 3 (and the measure relating to that indicator) in Part 2 of Schedule 3 to the Principal Regulations is revoked. (3) In the measure relating to indicator 9 in Part 2 of Schedule 3 to the Principal Regulations, for "non-compliance notifications" substitute "non-compliance outcome notifications". (4) In the measure relating to indicator 9 in Part 2 of Schedule 3 to the Principal Regulations, for "non-compliance notifications" (where four times occurring) substitute "non-compliance outcome notifications". (5) In the measure relating to indicator 1 in Part 3 of Schedule 3 to the Principal Regulations, after "percentage of" insert "adjusted". (6) In the measure relating to indicator 3(c) in Part 3 of Schedule 3 to the Principal Regulations, for "expenses" (where twice occurring) substitute "expense". (7) In the measure relating to indicator 5(c) in Part 3 of Schedule 3 to the Principal Regulations, after "percentage of" insert "the". (8) In indicators (a) and (b) in Part 4 of Schedule 3 to the Principal Regulations omit "Council". (9) In the measure relating to indicator (d) in Part 4 of Schedule 3 to the Principal Regulations, for "Relative socio-economic disadvantage" substitute "Relative Socio-Economic Disadvantage". 7 Authorised by the Chief Parliamentary Counsel -- 8 of 10 -- Local Government (Planning and Reporting) Amendment Regulations 2015 S.R. No. 47/2015 (10) In the measure relating to indicator (d) in Part 4 of Schedule 3 to the Principal Regulations, for "Relative Socio-economic Disadvantage" substitute "Relative Socio-Economic Disadvantage". ═══════════════ 8 Authorised by the Chief Parliamentary Counsel -- 9 of 10 -- Endnotes Local Government (Planning and Reporting) Amendment Regulations 2015 S.R. No. 47/2015 Endnotes 1 Reg. 4: S.R. No. 17/2014. 9 Authorised by the Chief Parliamentary Counsel -- 10 of 10 --