Community representation on council committees

1 Purpose and intent of the policy

The purpose of this policy is to ensure a consistent approach to the appointment of community representatives on council committees.

2 Policy objective

1. To ensure that the procedure for appointment of community members to council committees is applied consistently.
2. To ensure community representatives have the appropriate skills, interests and/or qualifications suitable for the committee.

3 Who this policy applies to

This policy applies to:

1. all community advisory committees, with the exception of the Audit and Risk Committee *
2. all community asset committees
3. all community engagement committees (wind farm advisory committees)
4. the delegated committee (Port of Port Fairy Delegated Committee).

* For the purpose of this policy, the Audit and Risk Committee is excluded from this scope given the mechanism of appointing independent members to the committee, and is managed under Section 65 of the Local Government Act 2020 (Vic) and its associated charter.

4 Definitions of key terms and acronyms used within this policy

Community Asset Committee

A committee established under section 65 of the Local Government Act 2020 (Vic) by council for the purpose of assistance in facility use and management of a community asset in the municipal district.

Delegated Committee

Established under section 63 of the Local Government Act 2020 (Vic) (“the Act”) is a committee exercising any power of a council under “the Act” or any other Act delegated to the committee under “the Act” or any other Act.

Community Advisory Committee

A committee that has no formal power but provides advice to Council regarding specific facilities or matters.

Community Engagement Committee

A community advisory committee that has an alternative model established in 2009 as a mechanism that has no formal power but provides advice to council regarding matters relating to windfarms.

Audit and Risk Committee

Established under section 53 of the Local Government Act 2020 with membership determined by section 53(5).

5 Policy details

Moyne Shire Council has a number of committees that have community representation, including community asset committees, advisory committees, community engagement Committees, and delegated committees.

This policy provides for a consistent approach to the appointment of community representatives on council committees.

In all circumstances, statutory requirements take precedence in who members of a committee are.

The term for any community member of a committee will coincide with the term of the elected council or be determined by statutory requirements of the Local Government Act 2020 (Vic), the terms of reference or committee charter.

Appointment of community members to a committee will be made as soon as practicable after the first statutory meeting of a new council, ideally in February, but no later than by June 30 of the subsequent year of the election.

Appointment to be made by council having regarding for:

• appropriate skills mix
• shire wide representation
• diversity and representation from a range of interest groups.

Appointments shall be made by council following public advertisement and receipt of nomination form.

Committee vacancies may be filled on recommendation to council from the committee.

Rules regarding attendance for community representatives shall be the same as for councillors at council meetings. The basis for membership, quorum, chairperson, term of appointment and meeting attendance will be set out in the committee charter or terms of reference. In all circumstances statutory requirements must be adhered to.

Activities, functions, and meeting management are determined through the associated terms of reference.

In the case of the delegated committee, powers of the committee are identified within an instrument of delegation.

6 Relevant legislation / references

Local Government Act 2020 (Vic)

Gender Equality Act 2020 (Vic)

Equal Opportunity Act 2010 (Vic)

Moyne Shire Council Governance Rules

Moyne Shire Council Community Engagement Policy

7 Gender impact assessment

A gender impact assessment should be undertaken for this policy.

8 Human rights commitment

It is considered that this policy does not impact negatively on any rights identified in the Charter of Human Rights and Responsibilities Act 2006

9 Policy owner

Manager of Governance and Corporate Planning.