Deliberative engagement describes a series of engagement practices that demonstrate all of the following features:

• Influence - Promise of influence over policy and decision-making (Involve/Collaborate/Empower using the IAP2 Levels of Engagement)
• Inclusion - Participation that is representative of the community and inclusive of diverse viewpoints and values
• Deliberation - open dialogue and discussion, access to information and movement towards consensus

Latrobe City defines deliberation as - A fair and transparent process by which we provide the relevant representative people/group with the practical information, forums and resources they need to reach a considered conclusion and provide recommendations on a defined issue.

The Local Government Act 2020 states that an engagement policy must describe deliberative engagement practices that can be used in the development of the Community Vision, Council Plan, Financial Plan and Asset Plan.  

The Act does not describe what these practices are or the tools and processes that must be used. Guidance from the State Government is that it should: 

• Be authentic; 
• Include good representation of the community; 
• Demonstrate how all views have been considered;
• Have accessible and relevant information; and
• Transparency is key to an effective process.

These considerations have been incorporated into the commitment statements for the draft ‘Engagement Principles’.

Deliberative engagement is an important approach that will also be used in other non-legislated situations as it is required.

Embedding strong community engagement into Latrobe City Council’s practices is a key Council priority.

Council will engage the Latrobe City community and/or stakeholders on matters that both interest and affect them, including but not limited to:

• Substantially changing or reviewing a Council service, program or facility;
• Significant review, change or proposing a new Council policy, plan or strategy; and
• Capital works projects including public buildings, community centres or other infrastructure.

The Local Government Act 2020 nominates a number of documents and processes where the Policy must be applied. As noted in the draft policy, this includes: 

• Community Vision;
• Council Plan;
• Financial Plan;
• Asset Plan;
• Budget (or any revised Budget);
• Adopting Local Laws;
• Governance Rules;
• Acquiring or disposing of land; and
• Leasing of Council land (in some circumstances).

Council may not engage when it has an adopted policy, strategy or decision that determines a clear direction for implementation which has already been the subject of appropriate community engagement. 

Some areas where community engagement activities may not occur include:

• Where a situation poses an immediate threat or risk to the health, safety or wellbeing of the community to which Council is required to respond quickly, including emergency events;
• A consultation process involving Council that is being conducted by another level of government;
• If the matter involves confidential information; and
• Where set out in legislation. 

The Policy does not apply where Section 223 of the Local Government Act 1989 still applies (discussed more below).

It also does not apply to routine statutory planning applications for residential developments on private land.

In the previous Local Government Act 1989, Section 223 listed a specific consultation methodology to be undertaken on many Council decisions. 

This process required members of the public to submit a written response to a proposal that would be considered at a public meeting of Council. People who had made a submission could also request to speak at the meeting.

The new Local Government Act 2020 has repealed, or removed, the application of Section 223 in many circumstances. Consultation with the community on these matters is now to be undertaken in line with the Community Engagement Policy 2021-24. 

The documents or processes no longer requiring Section 223:

• Council Plan; 
• Financial Plan; 
• Development or review of the Asset Management Plan;
• Budget or revised budget; and
• Purchase or compulsory acquisition of land; sale or exchange of land; or the lease of land.

Section 223 will still apply in the following circumstances:

• Council decision to change system of valuation
• Special rates
• Rebates and concessions
• Regional Library agreements
• Concentration or diversion of drainage
• Drainage of land
• A range of traffic and road-related matters.

This change is defined in the Local Government Act 2020 and is not a Latrobe City Council decision or open for feedback from the community.