Council Policy Development Policy

Adopted by Council on 29 February 2016

Background

Council Policy development has a key role to play in the good governance of Latrobe City Council and supports the objectives and functions of a Council described in the Local Government Act 1989.

Council Policy sets the broad parameters for guiding and setting the boundaries to influence the actions and operations of Latrobe City Council. Council Policies are designed to provide clear, unambiguous guidelines and to provide continuity and a consistent point of accountability for Latrobe City Council.

Objectives

  1. Policy-making will follow set procedures to ensure the efficacy of the process and the overall policy structure.
  2. Generally, policies will be developed in response to potential future use or in advance of an event rather than in response to an event, crisis or problem.
  3. Policies will support and be consistent with the current Latrobe City Council Plan and other strategic plans.
  4. Policies will provide the broad parameters for guiding and setting the boundaries to influence the actions and operations of Latrobe City Council.
  5. Policies will not provide directions in relation to the exercise of powers as prohibited of Councillors by s.76E of the Local Government Act 1989, specifically:
    • In the exercise of a delegated power, performance of a delegated duty or function;
    • In the exercise of a power or performance of a duty or function by an authorised officer;
    • In the exercise of a power or the performance of a duty or function in an office or position held under another Act; and
    • Advice provided to Council or a special committee.

Scope

  1. This policy applies to the development of new Council policies or the review of existing Council policies. 
  2. This policy applies to Council policy developed to achieve or further the purpose, objectives, role, or functions of Latrobe City Council in accordance with Part 1A of the Local Government Act 1989, including:
    • Providing for peace, order and good government of the municipal district;
    • Achieving the best outcomes for the local community having regard for long term effects of decisions;
    • Facilitating the promotion of social, economic and environmental viability and sustainability, efficient and effective use of resources in accordance with Best Value Principles, improvement of the overall quality of life for people in the local community, promotion of business and employment opportunities, provision of accessible and equitable services and facilities, equitable imposition of rates and charges and transparency and accountability in Council decision making.
    • Providing leadership and good governance including taking diversity of needs into account, establishing strategic objectives and monitoring their achievement, maintaining Council viability by resource management, advocating local community interests, acting as a responsible partner by taking account of the needs of other communities and fostering community cohesion and participation in civic life.
    • Undertaking the functions of Council including advocating and promoting proposals in the best interests of the community, planning and providing services and facilities, providing and maintaining community infrastructure, undertaking strategic and land use planning, raising revenue, making and enforcing local laws.

Principles of management

Identification of need for a new council policy

The Council, the Chief Executive Officer or Council Officers may identify a need for a new Council policy.   The identification may arise from the purpose, objectives, role, or functions of Latrobe City Council, the Strategic Objectives, Strategic Risks, legal requirements or identified changes in the external or internal environment.

Major policy decisions will not be made by the Council during the election period for a local government general election unless in accordance with the exemption described in s.93A of the Local Government Act 1989.

Development of new council policy

The CEO will assign responsibility for the development of a new Council Policy to a Division and General Manager (or multiple Divisions and General Managers) depending on the nature of the policy.

The responsible General Manager will develop the Council policy having regard for best practice within the subject matter of the policy including undertaking a review of analogous policies in place in other Councils.

A new Council Policy will be developed using the Council Policy Template, having regard for the guidance information provided within this template.  All parts of the Council Policy Template should be completed.  The notation ‘not applicable’ should be used where the part is identified as not relevant to the policy in question.

Approval of a council policy

A Council policy must be approved by Council in the form of a Council Resolution.

Implementation of a policy

The responsible General Manager will implement the Council policy into the day-to-day operations of the Council.  A plan for the implementation of the policy should be prepared and the actions, required to complete the implementation, documented and assigned to appropriate persons.

The implementation plan may require the creation of Operational Policies or modifications to existing operational policies to apply the Council policy in operation.  The responsible General Manager will determine whether additional Guidelines or Procedures are required to support the Council Policy and will be responsible for their creation and implementation.

All Council Policies will be made available for inspection by the public on the Latrobe City Council website and internally for staff on the intranet.

Accountability and responsibility

Accountability and responsibility for this policy is outlined below.

Council

  • Responsibility to ensure this Policy is consistent with Latrobe City Council Strategic Direction and other Latrobe City Council Policy
  • Responsibility for the decision to approve this Policy by Council Resolution

Chief executive officer

  • Overall responsibility for compliance with this policy
  • Overall responsibility for enforcing accountability
  • Overall responsibility for providing resources
  • Overall responsibility for performance monitoring

General manager

  • Responsibility for compliance with this policy
  • Responsibility for enforcing accountability
  • Responsibility for providing resources
  • Responsibility for performance monitoring

Manager

  • Develop guidance and procedures in compliance with this policy
  • Enforce responsibilities to achieve compliance with guidance and procedures
  • Provide appropriate resources for the execution of the guidance and procedures

Employees, contractors and volunteers

  • Participate where required in the development of guidance and procedures in compliance with this policy.
  • Comply with guidance and procedures developed to achieve compliance with this policy.

Evaluation and review

This policy will be reviewed on request of Council, in the event of significant change in the Executive team, significant changes to legislation applicable to the subject matter of the policy or, in any other case, during each Council term (generally four years). 

The responsible General Manager will review, and if necessary revise, the policy.

Review of a Policy created prior to the approval of this Policy will require the update of the Policy to the new template.

The policy will be approved in accordance with Section 4.3 and implemented in accordance with Section 4.4 of this Policy.

Definitions

Not Applicable

Related documents

Latrobe City Council Plan

Council Policy Template

Reference resources

Local Government Act 1989

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