Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to amend the Local Government Act 1993:

(a) to require a council to develop a community strategic plan for the local
government area that identifies the main priorities and aspirations of the local
community for the achievement of a socially, environmentally and
economically sustainable future and covers a period of at least 10 years (the
plan is developed and endorsed by the council following engagement with the
local community pursuant to a community engagement strategy), and

(b) to require a council to have a long-term resourcing strategy for the provision
of the resources required to achieve the objectives established by the
community strategic plan, and

(c) to require a council to have a 4-year delivery program detailing the principal
activities to be undertaken by the council to implement the strategies
established by the community strategic plan (replacing the current requirement
for councils to have a management plan detailing the council’s future activities
and revenue policies), and

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(d) to require a council’s delivery program to be supported by an annual
operational plan detailing the activities to be engaged in by the council as part
of the delivery program covering that year and providing a statement of the
council’s revenue policy for that year, and

(e) to consolidate and streamline annual reporting requirements for councils to
reflect the replacement of the management plan with a delivery program and
operational plan (with provision for the matters to be reported on to be
included in the regulations) and to require a council’s annual report for the
year prior to the year in which an ordinary election is held to include a report
on achievements in implementing the community strategic plan and a state of
the environment report, and

(f) to provide for the Director-General of the Department of Local Government to
establish integrated planning and reporting guidelines to impose requirements
in connection with the preparation, development and review of, and the
contents of, community strategic plans, resourcing strategies, delivery
programs, operational plans, community engagement strategies, annual
reports and state of the environment reports, and

(g) to amend a council’s charter to include specific reference to long-term
strategic planning on behalf of the local community, planning for the assets for
which the council is responsible and the promotion of social justice principles,
and

(h) to include in the role of a councillor a civic leadership role in guiding the
development of the community strategic plan and responsibility for
monitoring the implementation of the council’s delivery program, and
        (i) to include as a function of the general manager of a council the function of
assisting the council in connection with the development and implementation
of the community strategic plan and council’s resourcing strategy, delivery
program and operational plan and the preparation of its annual report and state
of the environment report, and

(j) to provide transitional arrangements for the phasing in of the new planning and
reporting requirements over a 3-year period.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on the date of assent
to the proposed Act.

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Local Government Amendment (Planning and Reporting) Bill 2009
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Schedule 1 Amendment of Local Government Act
1993 No 30
Schedule 1 [1] amends a council’s charter to include specific reference to long-term
strategic planning on behalf of the local community, planning for the assets for which
the council is responsible and the promotion of social justice principles.

Schedule 1 [2], [5], [7]–[9], [11] and [13]–[18] make consequential amendments.

Schedule 1 [3] requires a community strategic plan and a council’s delivery program
and operational plan to be publicly available free of charge.

Schedule 1 [4] provides that the role of a councillor includes a civic leadership role
in guiding the development of the community strategic plan and responsibility for
monitoring the implementation of the council’s delivery program.

Schedule 1 [6] provides that it is a function of the general manager of a council to
assist the council in connection with the development and implementation of the
community strategic plan and the council’s resourcing strategy, delivery program
and operational plan and the preparation of its annual report and state of the
environment report.

Schedule 1 [10] replaces existing provisions that require the preparation by a council
of a management plan with respect to its work, activities and revenue policy with the
following provisions for strategic planning by councils:

Proposed section 402 requires each local government area to have a
community strategic plan that has been developed and endorsed by the council
and that identifies the main priorities and aspirations for the future of the local
government area covering a period of at least 10 years. A community strategic
plan must establish strategic objectives together with strategies for achieving
those objectives. A council is also required to establish and implement a
community engagement strategy for engagement with the local community in
connection with the development of the community strategic plan.

Proposed section 403 requires a council to have a long-term resourcing
strategy for the provision of the resources required to implement the strategies
established by the community strategic plan.

Proposed section 404 requires a council to have a delivery program detailing
the principal activities to be undertaken by the council to implement the
strategies established by the community strategic plan and including a method
of assessment to determine the effectiveness of each principal activity detailed
in the delivery program in implementing the strategies and achieving the
strategic objectives at which the activity is directed. A council must establish
a new delivery program after each ordinary election to cover the principal
activities of the council for the 4-year period commencing on 1 July following
the election.

Proposed section 405 requires a council to have an operational plan that is
adopted before the beginning of each year and details the activities to be

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engaged in by the council during the year as part of the delivery program
covering that year. An operational plan must include a statement of the
council’s revenue policy for the year covered by the operational plan.

Proposed section 406 requires the Director-General to establish integrated
planning and reporting guidelines (the guidelines) that will impose
requirements in connection with the preparation, development and review of,
and the contents of, the community strategic plan, resourcing strategy,
delivery program, operational plan, community engagement strategy, annual
report and state of the environment report of a council.

Schedule 1 [12] makes the following changes to the annual reporting requirements
for councils:

(a) a council will report annually on its achievements in implementing its delivery
program and the effectiveness of the principal activities undertaken in
achieving the objectives at which those activities are directed (instead of
reporting on its achievements with respect to the objectives and performance
targets set out in its management plan, as at present),

(b) a council’s annual report in the year in which an ordinary election is held will
also be required to report on the council’s achievements in implementing the
community strategic plan over the previous 4 years,

(c) an annual report must be prepared in accordance with the guidelines,

(d) the detailed content of an annual report will be provided for in the regulations
and the guidelines rather than being set out in the Local Government Act 1993,

(e) an annual report in the year in which an ordinary election is held will be
required to include a state of the environment report.

Schedule 1 [19] inserts a savings and transitional regulation-making power.

Schedule 1 [20] provides for the phasing-in of the proposed new strategic planning
provisions over a 3-year period to 30 June 2012 and also provides for the continued
application to a council of the existing management plan and annual report
provisions until the council is covered by the new strategic planning provisions.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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