Provision of Resources and Support to Councillors Policy

Adopted by Council on 26 February 2016

Policy Goals

The Provision of Resources and Support to Councillors Policy is designed to:-

  • clearly set out the level of resources Latrobe City Council will provide to any person who is elected to Council; and
  • provide mutual accountability between elected Councillors.

Latrobe City Council will provide elected Councillors with a range of resources and support to enable them to effectively carry out their complex role. The resources provided to Councillors are outlined in this policy.          

Definitions

Act
In the context of this policy, means the Local Government Act 1989

Council
Means Latrobe City Council, being a body corporate constituted as a municipal Council under the Act. 

Council officer
Means the Chief Executive Officer and staff of Council appointed by the Chief Executive Officer.

Councillor(s)
Means the individuals holding the office of a member of Latrobe City Council

Expenses
Costs incurred by Councillors in performing their duties as a Councillor

Formal study
Training and education provided by a recognised training or tertiary education provider that leads to a formal qualification.

Duties of a Councillor
Duties of a Councillor means ‘duties performed by a Councillor that are necessary or appropriate for purposes of achieving the objectives of a Council’ having regard to any relevant Act, regulation, Ministerial guidelines or Council policies’.

In this Policy duties are defined as:

  • Attendance at Ordinary and Special Council Meetings and Councillor Briefing sessions;
  • Attendance at civic or ceremonial functions convened by the Council or Mayor;
  • Attendance at meetings scheduled by Council, the Mayor, Chief Executive Officer or delegate;
  • Attendance at meetings, or to participate in delegations or deputations to which the Councillor has been appointed as a representative by Council;
  • Attendance at meetings, functions or other official roles attended as a representative of, and under delegation by, the Council or Mayor;
  • Attendance at meetings of community groups, organisations and statutory authorities to which the Councillor has been appointed as the Council delegate or is authorised by Council;
  • Attendance at inspections of a street, property or areas within Latrobe City (or to discuss with any persons) any matter affecting or affected by the Council, and/or to attend to carry out activities in the capacity of a Councillor; and
  • Attendance at planning mediation meetings.

Reasonable use
In the context of this policy, means the standard of private use that a reasonable person would expect to be fair and appropriate.

Policy Implementation

  1. Section 75(1) of the Local Government Act 1989 states:
  2. A Council must reimburse a Councillor for expenses if the Councillor – 1.2.1. applies in writing to the Council for reimbursement of expenses; and
    1. 1.2.2. establishes in the application to Council that the expenses were reasonable bona fide Councillor out-of-pocket expenses incurred while performing duties of a Councillor.

Allowance Provisions

 

Councillors’ and Mayors Allowance

  1. An allowance is made available pursuant to sections 74 and 74B of the Local Government Act 1989 to Councillors and the Mayor.
  2. The level of the allowance will be determined within the statutory limits each year by Council.
  3. This allowance is paid to meet the general out-of-pocket expenses of Councillors incurred while carrying out their responsibilities.
  4. There are no additional allowances for the position of Deputy Mayor, nor will the position of Mayor attract a Councillor allowance on top of the Mayoral allowance.
  5. Council notes that the Minister for Local Government is required to review the allowance ranges and limits annually, and if an adjustment factor is set, Council must pass on that adjustment.
  6. Allowances shall be paid on a monthly basis, (and no more than a month in advance), provided that upon a Councillor ceasing to hold office, being suspended or pending an election, payment shall be withheld until such time as the Councillor is elected or reinstated.
  7. Payment will be made by electronic funds transfer to the account specified by the Councillor.

Superannuation Guarantee Contribution

  1. Council will ensure that an amount equivalent to the Superannuation Guarantee Contribution will be paid to Councillors with the Councillor Allowance.

Responsibility and Accountability

Reimbursement of Expense Requirements

  1. All claims for reimbursement must be made on the relevant form i.e. travel form, petty cash form. Councillors must provide original receipts and tax invoices (credit card receipts will not be accepted) to support reimbursement of expenses and complete documentation in support of a claim for reimbursement. Only those expenses explicitly covered in this policy will be reimbursed.
  2. Requests for reimbursement should be received within sixty days of the cost being incurred.
  3. Claims for expenses six months or older will not be reimbursed.
  4. Reimbursements will be paid by electronic funds transfer within 30 days of receipt of a correctly completed claim form.
  5. All claims for reimbursement of expenses must be finalised at least one month prior to a Council election. One month grace will be given post-election for Councillors seeking re-election who are not successful. At the expiry of the one month grace period claims will no longer be accepted.

Advance Payment Requirements

Any advance payment made for the cost of a service associated with a civic duty must be reconciled within one month of receiving such payment and receipts supplied as verification.

Reimbursement of Non-Council related expenditure

Any reimbursement required to Council for non-Council related expenditure shall be made within sixty days of the cost being incurred or account being received.

Reporting of Expenses to the Public

  1. Councillors will be provided with monthly reports on their Councillor Expenses and Professional Development costs. These reports must be certified by Councillors prior to the publication of expenses on Council’s website. Councillors will generally be provided 14 days to review a report and seek clarification where required.
  2. As a minimum, a summary of Councillor Expenses as at the end of each financial year will be published on the Council’s website.
  3. Council will also publish details of expenses and entitlements in accordance with requirements under the Local Government (Planning and Reporting) Regulations 2014 in its Annual Report.

Exclusions

  1. Any costs arising from a breach of road, traffic, parking or other regulations or laws will not be reimbursed or funded in any way by Council.
  2. If a Councillor does not claim a particular expense, this cannot be offset against a claim for any additional amount of another expense.
  3. Expenses incurred which are not directly related to the official Council duties of a Councillor cannot be included in the calculation of a claim of reimbursement.
  4. Council will not provide reimbursements for immediate family members/associates in relation to attendance at conferences, seminars, training or planning sessions.
  5. Reimbursement of any expense not included in this policy will require approval by the Chief Executive Officer.

Support Provisions

Councillors with Disabilities

For any Councillor with a disability, Council will provide reasonable additional facilities and support in order to allow that Councillor to perform their civic duties.

Travelling

Private Vehicle Use

  1. Councillors are entitled to reimbursement for expenses incurred in the use of their own private vehicle for Council purposes. Any expenses arising from a breach of road, traffic parking or other regulations or laws or for damage or loss of a vehicle will not be reimbursed or funded by Council.
  2. Reasonable travel expenses include travel to and from Council Meetings, Councillor Briefings or other activities directly related to Council Business. Travel claims will be from the Councillors notified place of normal residence.
  3. Council does not accept responsibility for reimbursement for: 4.2.1.3.1. Travel from work or other locations where the kilometres claimed are greater than what would be claimed from the notified place of normal residence.
    1. Meetings arranged outside the Latrobe City municipality that would not form part of a Councillor’s normal role
    2. The rate of reimbursement of motor vehicle expenses shall be based on the rates set out in the Australian Taxation Act for reimbursement or employees’ use of vehicles for business purposes.
  4. Public transport
    1. Councillors shall have access to a Council supplied Myki card on request to enable travel on trains, trams, and buses within and outside the municipality for council business journeys
    2. Councillors with personal Myki cards can submit a claim for specific trips undertaken for Council business. An account statement must be provided with the claim for reimbursement.
  5. Use of taxis
    1. Councillors may request Cabcharge vouchers for use for travel purposes to undertake their duties
    2. Cabcharge vouchers are to be used by the Councillor only and must not be provided to any other individual for use
    3. Councillors should retain information which will assist in the verification of nature of Council business, date, time and cost of transactions
    4. Councillors who incur taxi costs without use of a Cabcharge voucher may make a claim for reimbursement. Receipts must be provided with the claim for reimbursement.
  6. Interstate and Overseas Travel
    1. Approval of overseas travel requires a formal resolution of Council. All interstate travel proposed to be undertaken by a Councillor during the course of their duties is to be approved by the Mayor and the Chief Executive Officer prior to departure. All interstate travel proposed to be undertaken by the Mayor during the course of their duties is to be approved by the Chief Executive Officer prior to departure
    2. A ‘Request to travel interstate or overseas’ form is to be completed and approved by the Mayor or Chief Executive Officer prior to departure. This form is to be provided to the Governance division for inclusion in Council’s Public Registers
    3. When Councillors are required to travel interstate, the mode of transport is to be determined by the Chief Executive Officer based on the most cost and time effective form of transport. Where travel is by air, economy class will be standard
    4. Councillors travelling overseas are responsible for ensuring that they have a current passport and obtain any required visas. Visa requirements will be specified by the Council’s travel agent. Costs of the visa can be paid or reimbursed by the Council.
  7. Accommodation
    1. Councillors can stay in reasonable accommodation appropriate to the area travelled to and the nature of the visit. As a guide, four star accommodation is considered appropriate
    2. Standard rooms will be used, except in special circumstances which may require the need for a suite. Councillors may accept room upgrades to suites or executive floor rooms if the upgrade is at no additional cost to the Council

Carer Expenses

  1. The Council will reimburse the cost of necessary expenses for childcare up to and including the age of 16 years and the care of elderly, disabled and/or sick immediate family members of Councillors that resides with the Councillor, while a Councillor is undertaking a Councillor duty
  2. General Reimbursement Provision
    The reimbursement of costs will be made
    1. subject to the provision of tax invoices together with receipts submitted; or
    2. in the case of informal arrangements, a statement of hours, costs, dates, times and purposes for which the care was provided. Councillors should include a statement as to why the care was needed on each occasion

      Costs are not eligible for reimbursement if
    3. paid to a person who is immediate family (e.g. partner, mother/father, sister/brother or sister in-law/brother in law, relatives and/or children) or
    4. who normally or regularly lives with the councillor, except where a live-in (professional) helper such as a nanny is required to work extra time at extra expense because of the Councillors duties
  3. Additional Child Care Expenses Provision
    The reimbursement of Child Care expenses are also subject to the following
    1. The hourly rate of reimbursement for child care expenses will be up to a maximum equivalent to the current Council fees applicable in the Council budget (listed under Childrens Services) on a per child basis
  4. Additional Carer Expenses Provision
    The reimbursement of carer expenses are subject to the following
    1. The hourly rate of reimbursement for other carer expenses will be up to a maximum equivalent to the current Council fees applicable in the Council budget (listed under Direct Care).

Meetings, Conferences and Functions

 

  1. Councillors shall have the opportunity of participating in a range of conferences, functions, training courses, conferences, seminars and similar activities.
  2. Appointed Council Committee Representation (Council Delegate) Meetings and Conferences 4.4.2.1. Council resolves which Councillors will provide representation on a number of specific organisations or committees.
    1.  For these organisations and committees, the nominated Councillors (or their substitute if required) are considered Council representatives at regular meetings or any special events, such as an annual conference (if required to attend on behalf of Council).
    2. Under Section 75A of the Act Council will meet any necessary reasonable expenditure required for such attendances by the delegated or substitute Councillor.
  3. Presenter at a conference
    Councillors may receive invitations to speak at a conference in their capacity as a Councillor. In some cases, conference organisers may waive or cover registration fees for participation.
  4. Community, Charity or Civic Functions and Events
    1. Council will meet the cost of Councillor(s) attending community, charity or civic functions and events to which Councillors have been invited, if the costs are considered reasonable (under $100 per person inc. GST) and there is sufficient budget available.
    2. In circumstances where the Mayor has been invited to a function or event and is unable to attend, the Mayor is able to delegate to an appropriate Councillor of his/her choice. For any other community, charity or civic function or event where Council is required to be represented, and the cost exceeds $100 inc. GST per ticket, Council will meet the cost of only the Mayor or his/her representative to attend. If other Councillors wish to attend to support the event, they will be required to make their own contribution to attend.
  5. Political functions
    Where a Councillor attends a political party fundraising event for which payment is required, the cost is to be borne by the individual Councillor.

Other Expenses

Councillors will be reimbursed for necessary out-of-pocket expenses incurred while performing duties as a Councillor in accordance with S75 of the Act and where the expenditure is necessary for and consistent with the achievement of the current Council Plan goals and objectives.
Section 75 of the Act states:
75 Reimbursement of expenses of Councillors

  1. A Council must reimburse a Councillor for expenses if the Councillor—
    1. (a) applies in writing to the Council for reimbursement of expenses; and
    2. (b) establishes in the application to Council that the expenses were reasonable bona fide Councillor out-of-pocket expenses incurred while performing duties as a Councillor
  2. In this section, duties as a Councillor means duties performed by a Councillor that are necessary or appropriate for the purposes of achieving the objectives of a Council having regard to any relevant Act, regulations, Ministerial guidelines or Council policies.

Legal Costs

  1. Other than by specific Council resolution or in accordance with a Council policy, any legal expenses incurred by a Councillor shall be the responsibility of that Councillor.

Resource Provisions

Administrative Support for Councillors

  1. Administrative support will be made available for Councillors to assist them with calendar management and in responding to correspondence, enquiries and requests for service as part of their official duties as a Councillor.
  2. Council business papers, personal mail and other Council information will be couriered to Councillors’ places of residence, placed in Councillors’ communication boxes or forwarded by electronic mail, as may be arranged with individual Councillors, weekly or as required.

Office / Meeting Room

  1. Councillors are provided with an office/meeting room (known as the Councillor Lounge) that may be used at any time. Councillors meeting with external parties are to advise the Mayoral and Council Support Team to ensure the meeting room is not being used by other Councillors. The Councillors Lounge includes a computer connection to Latrobe City Council’s computer system.
  2. A Councillor elected to the position of Mayor will be provided with an office within the Latrobe City Council Corporate Headquarters.
  3. Other Council shared meeting space in the Traralgon Service Centre, Moe Service Centre and Churchill Hub may be utilised by Councillors on an as needs and availability basis, by booking through the Mayoral and Council support team.

Building Access

  1. Each Councillor will receive a swipe card allowing access to the Latrobe City Council Corporate Headquarters, Traralgon Service Centre, Moe Service Centre and Churchill Hub from Monday – Friday 7.00 am – 11.00 pm.
  2. If this swipe card is lost or stolen the Councillor must report this to the Mayoral and Council Support team as soon as possible to put in place all preventative measures.
  3. The Mayor will be provided access to the Latrobe City Council Corporate Headquarters, Traralgon Service Centre, Moe Service Centre and Churchill Hub 24 hours a day, 7 days a week.

Provision of Office Equipment and Stationery

  1. Councillors may request to be provided with any or all of the following office equipment to assist in performing their official Council duties: 5.4.1.1. A laptop computer, appropriate software and accessories
    1. A tablet (e.g. iPad), with wifi and cellular capabilities
    2.  A multi-function device (combined printer, scanner and fax machine) connected to a second (dedicated) telephone connection at their place of residence or other arrangements as approved by the Chief Executive Officer.
    3.  Mobile ‘smart’ telephone with the capacity to receive and send emails and manage calendar e.g. iPhone
  2. Councillors will be provided an email account managed through Latrobe City Council. Councillors email address will be part of the domain name: Latrobe.vic.gov.au.
  3. Council will take into consideration improvements in technology when updating the standard equipment on offer to ensure that the equipment provided meets the needs of the Council and is in line with the intent of this policy.
  4. The Council will meet the line rental and call costs of the dedicated telephone connection used for official Council duties. The Council will also meet the fixed charge and call costs of the mobile telephone and an internet connection used by a Councillor for official Council duties. The direct costs of any private use of these facilities should be reimbursed to Council.
  5. The Council shall, upon request, provide Councillors with standard stationery held or obtained generally for the organisation’s requirements. The stationery may include, but not necessarily be limited to, paper, business cards, writing implements, diaries, writing pad/books, memory sticks, envelopes and the like.
  6. Council’s letterhead stationery is only available for official Council business and may only be used by Councillors for official Council business.
  7. Each Councillor will be supplied with an official Latrobe City Council name badge for use while on Council business.
  8. All equipment remains the property of the Council and must be returned at the end of a Councillor’s term of office or upon retirement, resignation or suspension of the Councillor.

Information Technology

Support and Training

  1. The IT team will provide familiarisation training for Councillors in relation to using IT systems provided by Latrobe City Council as part of induction for new Councillors and on a case by case basis (adhoc requests) as required.
  2. The IT team will update software on Latrobe City Council laptops and tablets when required. Councillors will be required to bring the laptop or tablet into HQ for these scheduled maintenances.
  3.  IT support can be initiated via the Mayoral and Council Support team through the helpdesk.

Information Technology and Information Management Security

  1. Councillors must adhere to all relevant policies and operational frameworks in the use of the above equipment.

Network connection control

  1. Office equipment issued by Latrobe City Council may only be connected to third party computers/networks with the approval of the General Manager Corporate Services.

Professional Development

  1. Latrobe City Council is committed to ensuring that all Councillors are provided with access to development and training opportunities necessary to enable them to perform their duties and responsibilities as Councillors.
  2. Councillor Development and Training
    1. The participation in a range of one-off or short-term training courses, seminars and activities specific to Councillors will be made available. These may be provided internally, or by professional bodies such as the MAV or VLGA (for example, Councillor induction training or conflict of interest training)
    2. These training courses and seminars are excluded from the Individual Professional and Personal Development allocations (refer to 7.3 Individual Professional and Personal Development) to Councillors (however, may still be reportable expenses under the Local Government Reporting Framework).
  3. Individual Professional and Personal Development
    1. In addition to the corporate training and development needs of Councillors, individual Councillors may have specific requirements to enable them to maximise their potential in serving the Latrobe City community. Many courses, conferences, seminars and workshops are available and can provide benefit to individual Councillors. Many specific opportunities cannot be identified in advance and each Councillor may have different developmental needs.
    2. Each Councillor is allocated $2,500 (inclusive of travel, meals and accommodation if required) on an annual calendar year basis for personal development where such development is considered to be in the interest of the Latrobe City community. This allocation is not transferable to another Councillor. Councillors can elect to roll over unused funds from one year to another, up to the cumulative total due for that year, not exceeding the amount of $10,000 in the fourth year. (That is, $2500 for year one, up to $5000 in year two, $7500 in year 3 and $10,000 in year 4). In order for a Councillor to spend more than one years allocation ($2,500) on one personal development activity, the Councillor must first submit a development plan to Council for approval.
    3. Should a Councillor identify or wish to pursue a professional/personal development program or course that exceeds the allocation available to the Councillor the matter must be referred to Council for a decision. In considering this matter, Council will take into consideration the merits of the program or activity in accordance with the overall parameters set by this policy
    4. Developmental programs that qualify for this expenditure must relate to the areas of:
      1. local government activity, oR
      2. leadership, or
      3. governance in the context of the role of Councillor, or
      4. enhance the personal skills of the individual to undertake the role,
    5. Programs that qualify may be in the form of:
      1. Specific workshops, seminars and conferences (for example, the Company Director’s Course run by the Australian Institute of Company Directors or MAV Councillors Development Weekend or knowledge centre courses);
      2. TAFE level, undergraduate or post graduate studies (for example, Diploma of Local Government or the Graduate Diploma of Management under auspice by the MAV);
      3. Short courses, and study tours that relate to the areas of local government activity, leadership, governance in the context of the role of Councillor, or enhance the personal skills of the individual to contribute to the good governance of Latrobe City.
    6. Where practical the course will be held in Victoria.
    7. Regardless of the overall cost, Councillors must seek formal approval from Council for any course that involves interstate or overseas travel.
    8. Arrangements associated with Councillors professional/personal development attendance (including registration, air or train travel and accommodation) will be organised through the Mayoral and Council Support team.

Specific Provisions for the Mayor

Professional/Personal Development for the Mayor / Deputy Mayor

  1. The Mayor will be entitled to attend the following additional professional/personal development activities whilst in the role as Mayor:
    1. 8.1.1.1. The Municipal Association Victoria (MAV) Mayoral Program or the Victorian Local Governance Association Mayoral Weekend
  2. The Mayor and Deputy Mayor will be entitled to attend the following additional professional/personal development activities whilst in the role as Mayor/Deputy Mayor:
    1. Media Training (organised through the Mayoral and Council Support team with an appropriate training provider)
    2. Municipal Association Victoria MAV Mastering Public Speaking and Presenting training.
  3. These training courses and seminars are excluded from the Individual Professional and Personal Development allocations (refer to 7.3 Individual Professional and Personal Development) for the Mayor and Deputy Mayor (however, may still be reportable expenses under the Local Government Reporting Framework).

Provision of a Purchasing Card for the Mayor

  1. The Mayor may be provided with a Purchasing Card with a transaction and monthly limit set at no more than $10,000 for use while discharging the functions of the office.
  2. Use of a Purchasing Card will be in accordance with the terms of the Purchasing Card Agreement, as well as Council’s Purchasing Card and Procurement Policies.
  3. Monthly Purchasing Card Statements must be submitted with the appropriate tax invoices/receipts and quotes/exemption forms to the Chief Executive Officer for approval.

Vehicle for Mayor

In accordance with the Motor Vehicle operational framework, the following provisions will apply:

  1. Where the Council provides a vehicle, the following specification will apply:
    Mayor: Ford G6E, Holden Calais (or up to equivalent standard/value, whilst considering commitment to reduce overall vehicle emission)
  2. By approval of Council the provision of an upgraded alternate vehicle may occur in certain circumstances.
  3. The Council may alter the vehicle specifications to meet the requirements of the position to the equivalent standard/value of a Ford G6E or Holden Calais as relevant.
  4. Preference will be given to Australian manufactured vehicles and alternative fuelled vehicles.
  5. Fuel cards will be made available for all Council-owned vehicles, enabling the purchase of fuels and oils only. The current odometer reading must be provided at point of sale.
  6. The Mayor must immediately report cases of lost or stolen fuel cards to the General Manager Corporate Services.

Conditions of Use

  1. It will be the responsibility of the Mayor to maintain the vehicle in a clean and tidy condition and to the satisfaction of the Council.
  2. Council owned vehicles are made available on the following conditions: 8.4.2.1.
    1. Vehicle to be accommodated off street.
    2. Mayor to maintain vehicle in clean and tidy condition at all times.
    3. The Mayor who has approved use of the vehicle pursuant to this policy will be responsible to check oil, water, tyre pressure, temperature of engine, etc. to ensure such are maintained in accordance with manufacturer’s stated specification range.
    4.  To assist in providing a safe working environment, cigarette smoking or smoking of tobacco products is strictly prohibited at all times in any Latrobe City Council owned vehicle by any driver or occupant of such vehicle. A No Smoking Policy has been adopted by Council;
    5. The Mayor must ensure that the vehicle is presented to the Council’s vehicle maintenance provider for the manufacturer’s stated maintenance when required, and that any fault or warranty issue is drawn to the attention of the appropriate person or organisation.
    6. The Mayor must ensure that any damage to the vehicle is reported to the General Manager Corporate Services for assessment, regardless of how minor the damage is.

Traffic Infringements / Compliance with Traffic Laws

  1. Drivers of Latrobe City Council owned vehicles are required to observe traffic laws, including regulations and by-laws relating to parking restrictions.
  2. Any person to whom this policy relates, who is found guilty of an offence resulting in loss of licence, will no longer be entitled to drive the allocated Latrobe City Council owned vehicle.
  3. Any fines or charges imposed for breach of traffic legislation or Regulation including contravention of Latrobe City Council’s Local Laws or Parking Infringements MUST be paid in full by the driver of the vehicle at the time the incident occurred.

Tolls and E-Tags

The Latrobe City Council Mayoral vehicle will be fitted with a Citylink E-tag. Should the vehicle travel on Citylink without an E-tag, the driver must notify the General Manager Corporate Services as soon as possible to arrange for the vehicles details to be provided to Citylink.

Motor Vehicle Insurance Claims

  1. A person to whom this Policy relates in charge or using a Latrobe City Council owned vehicle that is involved in an accident or incident giving rise to a possible claim must:
    1. Immediately or as soon as is reasonably practical, notify the General Manager Corporate Services so that Latrobe City Council’s Insurer receives adequate and appropriate advice of a claim or possible claim.
    2. Refrain from admitting liability in any matter as this will enable Council’s Insurer to assess and consider an appropriate non-prejudiced response.
    3. Where the incident or accident results in the Mayor or user of the vehicle at the time being found to be at fault or responsible, or the insurer admits liability in regard to the incident, the following will apply for each and every calendar year commencing 1 July 1998:
    4. In the case of a first incident no action will be taken.
    5. If there is a second incident by the Mayor within any continuous 12 month period, the Council will pay the cost of an appropriate and approved Driver Education Program
    6. If there is a third incident within any 12 month period, the General Manager Corporate Services will prepare a report for the Chief Executive Officer on the circumstances relating to the incident. The Chief Executive Officer will review the use of the vehicle. The decision by the Chief Executive Officer is final.
  2. Driver Under 25 Years of Age (Non-Employee)
    Where a Latrobe City Council owned vehicle is being used outside of normal working hours, but legally in terms of right-of-use, by any person under the age of 25 years and the vehicle is involved in an accident causing damage to the Latrobe City Council owned vehicle, an excess amount of $1,000 must be paid to the Council where the driver at the time of the incident is determined by due process to be legally liable and the Council’s insurer, subsequent to proper inquiry and process, admits liability in respect to such incident.
  3. The Mayor or person to whom this Policy relates to is involved in an offence or incident where damage occurs to Latrobe City Council property (i.e. the vehicle) and Latrobe City Council’s insurer is not prepared to pay costs, will, in addition to Clause 7.3.4.2, reimburse the Council to a maximum amount of $5,000 to cover insurance excess, and must enter into a formal agreement with Latrobe City Council’s Insurer or approved repairer to meet the cost of repair when the cost of repair is greater than the insurance claim excess.
  4.  Latrobe City Council will not be responsible for any loss, damage, liability and / or compensation for damage and / or injury caused while the motor vehicle is:
    1. Being driven by or is in charge of any person under the influence of alcohol or drugs to such an extent as to be incapable of having proper control or has a blood alcohol level exceeding the prescribed limit.
    2. Being used in an unsafe or unroadworthy condition unless such a condition could not reasonably be detected by the driver.
    3. Being driven by a driver who is not duly authorised under all relevant Laws, By-laws and Regulations.
    4. Being driven by a person not authorised to use the vehicle.

Replacement of Vehicles / Motor Vehicle Disposal

  1. The mayoral vehicle changeover may occur annually (at the discretion of the incoming Mayor).
  2. The General Manager Corporate Services will coordinate the replacement and disposal of Latrobe City Council owned motor vehicles.