Brimbank Council Meeting No. 641 - 10 December 2024

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12.4

Governance Report December 2024

12.4

Governance Report December 2024

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Danny Bilaver

Attachment(s)

1. Record of Informal Meeting of Councillors [

12.4.1

- 22

pages]

2. Delegates and Representatives Report [

12.4.2

- 4 pages]

3. DRAFT Chief Executive Officer Employment Matters

Committee - Terms of Reference - December 2024 [

12.4.3

- 3 pages]

4. Proposed Council Meeting Dates for 2025 [

12.4.4

- 1

page]

5. Audit and Risk Committee Charter 2023 [

12.4.5

- 9 pages]

6. S11A Instruments of Appointment - Planning and

Environment Act - December 2024 [

12.4.6

- 4 pages]

Purpose

For Council to consider:

•

A summary of recent Governance activity.

•

Contracts entered into, and works orders approved in accordance with the S7

Instrument of Sub Delegation.

•

Councillor Declarations of Representations by Members of Parliament.

•

Updated Terms of Reference of the Chief Executive Officer Employment Matters

Committee.

•

Proposed Council Meeting Dates for 2025.

•

Audit and Risk Committee Charter and membership.

•

Appointment of authorised officers under the

Officer Recommendation

That Council:

a. Notes the:

i. Governance Report December 2024.

ii. Contracts entered into, and works orders approved, in accordance

with S7 Instrument of Sub Delegation (24/3515Q; 25/3524;

25/3529; 25/3531; 25/3533; 25/3541Q; 25/3542; 25/3543Q;

25/3547; 25/3558; 25/3559; and 25/3562).

iii. Records of Informal Meetings of Councillors, at Attachment 1 to

this report, for incorporation in the minutes of this meeting.

iv. Delegate’s and Representative’s Reports, at Attachment 2 to this

report, for incorporation in the minutes of this meeting.

v. Councillor Declarations of Representations by Members of

Parliament.

b. Approves the updated Terms of Reference of the Chief Executive Officer

Employment Matters Committee, at Attachment 3 to this report.

c. Approves the proposed Council Meeting dates for 2025, at Attachment 4

to this report, and gives notice of the dates in the Star Weekly

newspaper and on Council’s website.

Brimbank Council Meeting No. 641 - 10 December 2024

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d. In relation the Audit and Risk Committee:

i. Approves the updated Audit and Risk Committee Charter, at

Attachment 5 to this report.

ii. Reappoints Audit and Risk Committee independent member, Jen

Johanson, for a further three year period.

iii. Approves the extension of Geoff Harry as Chair of the Audit and

Risk Committee until 31 March 2025, and as an independent

member of the Audit and Risk Committee until 30 June 2025.

iv. Notes that a recruitment process for a new Independent Chair of

the Audit and Risk Committee will be undertaken in early 2025.

e. Appoints Ian Babore, Winny Enniss, Sunny Rehman and Glenda Roberts

under section 147(4) of the

, to be

authorised officers for the purposes of the

and the regulations made under that

; and under section 313 of

the

authorises Ian Babore, Winny Enniss,

Sunny Rehman and Glenda Roberts generally, to institute proceedings for

offences against the

and regulations described in the instrument, at

Attachment 6 to this report.

Background

The monthly governance report is a standing report to Council, in accordance with best

practice and good governance principles, and to ensure compliance with the

requirements of the

and the Model Councillor Code

of Conduct 2024.

Matters for Consideration

Exercise of Delegated Authority

Council delegates powers, duties and functions to the Chief Executive Officer in order to

support efficient operation and delivery of Council services. The Chief Executive Officer

has sub-delegated some authority to Directors (and other Council officers). Significant

decisions made, or actions undertaken exercising delegated authority, are reported to

Council as a transparency and accountability measure.

The Chief Executive Officer has been delegated authority by Council to award contracts

up to $2,000,000 (exclusive of GST) through an Instrument of Delegation made on 23

April 2024 (S5 Instrument of Delegation to the Chief Executive Officer). The Chief

Executive Officer has sub-delegated authority to Directors to award contracts up to

$200,000 (inclusive of GST) through an Instrument of Delegation made on 12 December

2023 (S7 Instrument of Sub-Delegation by the Chief Executive Officer).

Contracts entered into, and works orders approved, in accordance with S7

Instrument of Sub-Delegation

Contract

No.

Description

Successful

Tenderer

Contract

Amount (inc

GST)

Date

Awarded

24/3515Q Brimbank Aquatic and

Wellness Centre Car

Park Lighting Installation

Garnet Electrical

Services

$56,086 28/09/2024

25/3524 MAV Supply and

Delivery of One Single

Cab Park Tipper Truck

Westar Truck

Centre

$131,192.27 17/8/2024

Brimbank Council Meeting No. 641 - 10 December 2024

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25/3529 Supply of Corporate and

Workwear Uniforms

Rodney Marks Pty

Ltd

$495,000 17/10/2024

25/3531 PA Fleet Consumables Panel of Suppliers

$500,000

5/8/2024

25/3533 Churchill Reserve

Sportsground Upgrade

Global Turf

Projects

$686,691.17 25/9/2024

25/3541Q Ralph Reserve Pavilion

Refurbishment Change

Room Design

Avor Architecture

$81,400 13/9/2024

25/3542 Employee Assistance

Program

Acacia Connections $285,433.50 11/10/2024

25/3543Q Keilor Tennis Club Fence

Replacement

RMS Groundworks

$376,307 19/9/2024

25/3547 Delahey Enclosed Off

Leash Dog Park

Vine Civil

$295,095.30 18/11/2024

25/3558 MAV Supply of Five Park

Maintenance Tipper

Trucks

Westar Trucks

Centre

$804,547 17/10/2024

25/3559 Jones Creek Footbridge

St Albans

Heuron Screenline

$486,122 14/10/2024

25/3562 MAV Supply of Two

7500kg GVM Tipper

Trucks

Westar Trucks

Centre

$370,045.58 8/10/2024

Records of Informal Meetings of Councillors

An Informal Meeting of Councillors includes meetings that are:

•

Scheduled or planned for the purpose of discussing the business of Council or

briefing Councillors,

•

Attended by at least one member of Council staff, and

•

Not Council meetings, Delegated Committee meetings or Community Asset

Committee meetings.

Written records of Informal Meetings of Councillors are kept and include the names of all

Councillors and Council officers attending, the matters considered, any conflict of interest

disclosures made, and whether a Councillor who has disclosed a conflict of interest

leaves the meeting.

These records, as soon as practicable, will be reported at a Council Meeting, and

incorporated in the minutes of that Council Meeting.

Records of Informal Meetings of Councillors

(Attachment 1)

were received for the

following meetings:

Date

Event

9 September 2024 Social Justice Coalition – Strategic Implementation Group

8 October 2024

Council Meeting Briefing

14 November 2024 Councillor Workshop 1 (including Briefing)

18 November 2024 Councillor Induction Training 1 (including Briefing)

19 November 2024 Councillor Orientation 2 (including Briefing)

21 November 2024 Councillor Orientation 3 (including Briefing)

25 November 2024 Briefing

26 November 2024 Finance Presentation and Corporate Services Overview

28 November 2024 Councillor Workshop 3 (including Briefing)

Brimbank Council Meeting No. 641 - 10 December 2024

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2 December 2024 Councillor Training Workshop (including Briefing)

3 December 2024 Council Meeting Briefing

Delegate’s and Representative’s Reports

The participation on a range of local, specific issues, committees established by Council,

peak body/sector associations, and local and regional forums, is an essential part of the

representative role Council plays. Council nominates Councillors as delegates and

representatives to these committees annually.

The role, as the Council delegate or Council representative on these committees, is to

represent the position of Council, and report back to Council at a Council Meeting on the

issues or progress of the committees, and any recommendations made by the

committees.

Delegate’s and Representative’s Reports

(Attachment 2)

were received for the

following meetings:

Date

Event

Councillor/s

27 August 2024 Disability Advisory Committee

Cr Borg

9 September 2024 Social Justice Coalition – Strategic

Implementation Group

Cr Borg

Councillor Declarations of Representations by Members of Parliament

Councillors have a legitimate role in advocating on behalf of their communities. At times,

this may include the receiving of representations by a Member of State or Federal

Parliament, to Council or Councillors. Councillors will declare and record any

representations made to a Councillor by a Member of Parliament or their staff

representative.

Councillor Declarations of Representations by Members of Parliament were received for

the following meetings.

Chief Executive Officer Employment Matters Committee

The Chief Executive Officer Employment Matters Committee coordinates employment

related matters pertaining to the Chief Executive Officer, particularly Performance

Review and Recruitment.

Due to changes in the electoral structure, a review of the Councillor Representative

component of this committee is required. Accordingly, the committee's Terms of

Reference have been updated and are presented to the Council for consideration

(Attachment 3)

.

Date

Councillor Member of

Parliament

Matter Discussed

4 December 2024 Cr Dang Natalie

Suleyman MP

St Albans Library

Errington Reserve

St Albans Welcome Project

Alfrieda Street Masterplan

Melbourne Airport Rail

Outdoor Pool / Splash Park at BAWC

Youth Services

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Proposed Council Meeting Dates for 2025

Council’s current meeting cycle model was introduced in March 2016. The model consists

of a Planning Forum (with no decision making functions) held on the second Tuesday of

the month, and a Council Meeting generally on the third Tuesday of the month. The

election of the Mayor is to be held the Tuesday following the anniversary of the election

of the Mayor. Additionally, two Tuesdays of the month are used to provide briefings to

Councillors on upcoming matters likely to be presented to Council for consideration.

The proposed Council Meeting Dates for 2025 are at

Attachment 4

. It is recommended

Council approve these dates and give notice in the Star Weekly newspaper and on

Council’s website.

Audit and Risk Committee Charter and Independent membership

Council’s Audit and Risk Committee (ARC) is governed by a Charter, most recently

reviewed and adopted by Council on 19 September 2023.

The Charter outlines that there are to be three Independent ARC Members, one of which

will act as the Independent Chair of the committee. Each Independent Member is elected

to a term of three years, with the option of a three year extension based on

performance.

Two Independent Members have terms concluding in the near future. Firstly,

Independent Member Jen Johanson’s first three year term comes to completion at the

end of 2025. Ms Johanson’s performance on Council’s ARC has been assessed as

satisfactory. It is recommended that Council notes the reappointment of independent

member, Jen Johanson to the Audit and Risk Committee for an additional three-year

term. This is based on mutual agreement and her satisfactory performance as per the

Charter.

Secondly, the tenure of ARC’s current Independent Chair, Geoff Harry, comes to an end

in February 2025, which will be his second, and last, three year term. However, to

support the transfer of the role to the new committee Chair and maintain the

committee’s independent membership requirement during the recruitment of the role, it

is proposed that Mr Harry’s role be extend until the end of June 2025.

Recruitment of a new Independent Chair will commence in early 2025.

To facilitate the above proposal, it is recommended that the Audit and Risk Committee

Charter be amended to include under the Appointment section:



Section 3.13 - To support the smooth transfer of committee membership to

newly appointed members, the Committee can extend an existing independent

committee member beyond the three-year term plus additional three-year term,

as approved by Council.

The amendment to the Charter is presented to Council for approval

(Attachment 5)

.

Appointment of Authorised Officers under the

An Authorised Officer is an individual formally appointed by a council or Chief Executive

Officer under the

or other relevant legislation to perform

regulatory and enforcement functions. These officers ensure compliance with legislation

and local laws, such as planning, animal management, public health, and environmental

protection, and are empowered to investigate, issue fines or notices, and conduct

inspections.

Brimbank Council Meeting No. 641 - 10 December 2024

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Their authority is granted through an official instrument of appointment that specifies

their duties, and they operate under several legislative frameworks, including the

and the

.

Council has delegated the power to appoint authorised officers to the Chief Executive

Officer in most instances in order to enforce provisions of various acts and local laws.

However, Section 188(2)(c) of the

precludes Council from delegating its power to appoint an authorised officer for the

purposes of enforcing the

.

The Instruments of Delegation

(Attachment 6),

based on the template provided by the

Maddocks Delegations and Authorisations Service, provide for Council to appoint an

officer by resolution, pursuant to section 147 of the

. The Instruments also

include the general appointment provision in section 313 of the

to commence proceedings on behalf of Council.

A Council resolution is therefore required to authorise officers under the

As such, it is recommended that the following officers be appointed: Ian Babore, Winny

Enniss, Sunny Rehman and Glenda Roberts.

Resource And Risk Implications

Resource requirements can be met within the Annual Budget 2024/2025.

Regulatory:

legal, legislative or regulatory implications including the rights/obligations

of stakeholders

• This report fulfils legislative governance obligations, to provide transparent and

accountable reporting of governance activity.

There are no Community, Safety, Environmental or Financial risks identified.

Legislation/Council Plan/Policy Context

This report supports the Council Plan 2021-2025 strategic direction and objective of:

4. Leadership and Governance - A high performing organisation that enacts the

vision and decisions of Council through the delivery of quality and innovative

services - A fairer place for all

• High Performing and Accountable - Our workforce strives to enhance services and

liveability for the Brimbank community.

This report complies with the

, Council Plan 2021-2025, S5 Instrument of

Delegation to the Chief Executive Officer, S7 Instrument of Sub-Delegation by the Chief

Executive Officer, Model Councillor Code of Conduct 2024 and Procurement Policy.

Council officers contributing to the preparation and approval of this report, have no

conflicts of interests to declare.

Page 1 of 2

Record of Informal Meeting

of Councillors

Meeting details

Title:

Social Justice Coalition - Strategic Implementation Group

Date:

9 September 2024

Time:

1:00pm to 2:00pm

Location:

Online (MS Teams)

Councillors in

attendance:

☒

Cr Victoria Borg (chair)

☐

Cr Sarah Branton

☐

Cr Thuy Dang

☐

Cr Sam David JP

☐

Cr Maria Kerr

☐

Cr Bruce Lancashire, Mayor

☐

Cr Jasmine Nguyen

☐

Cr Thomas O'Reilly

☐

Cr Jae Papalia

☐

Cr Ranka Rasic, Deputy Mayor

☐

Cr Virginia Tachos

Council Officers in

attendance:

Anna Vu - Acting Social Policy Officer

Other attendees:

Melbourne City Mission (1)

CommunityPlus (1)

Djerriwarrh (1)

Gen West (1)

Youth Junction (1)

cohealth (1)

Salvation Army (1)

Western Health (1)

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 2 of 2

Name of Council

Officer completing

Record of Informal

Meeting:

Anna Vu

Issues considered

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Welcome and introductions

Nil

<Select one>

2. Working Dads Project

Nil

<Select one>

3. Inquiry into food security in Victoria – Council

submission update (held over until next

meeting)

Nil

<Select one>

4. Brimbank Social Justice Charter review – update

(held over until next meeting)

Nil

<Select one>

5. Social Inclusion Action Groups

Nil

<Select one>

6. Member updates and discussion



What projects and programs have you been

working on?



What recent or upcoming initiatives may be

of interest to the group?



How can the SIG and its members support

your work to promote social justice in

Brimbank?

Nil

<Select one>

7. Other business

Nil

<Select one>

Forward completed

to Governance within 48 hours of the

meeting for Reporting to Council.

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 1 of 2

Record of Informal Meeting

of Councillors

Meeting details

Title:

Council Meeting Briefing

Date:

8 October 2024

Time:

6.00pm to 6.30pm

Location:

Online

Councillors in

attendance:

☒

Cr Victoria Borg

☐

Cr Sarah Branton

☐

Cr Thuy Dang

☒

Cr Sam David JP

☐

Cr Maria Kerr

☐

Cr Bruce Lancashire

☒

Cr Jasmine Nguyen

☒

Cr Thomas O'Reilly

☐

Cr Jae Papalia, Deputy Mayor

☒

Cr Ranka Rasic, Mayor

☐

Cr Virginia Tachos

Council Officers in

attendance:

Lynley Dumble, Acting Chief Executive Officer

Ashley Fleming, Acting Director Community Wellbeing

Georgie Hill, Director People Partnerships and Performance

Chris Leivers, Director Infrastructure and City Services

Mark Stoermer, Director Corporate Services

Kelvin Walsh, Director City Futures

Danny Bilaver, Manager Governance and Risk

Other attendees:

Municipal Monitors; Penny Holloway, Janet Dore

Name of Council

Officer completing

Record of Informal

Meeting:

Georgie Hill, Director People Partnerships and Performance

Issues considered

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 2 of 2

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Brimbank Council Draft Annual Report 2023-

2024

Cr Thomas O'Reilly Yes

Forward completed

to Governance within 48 hours of the

meeting for Reporting to Council.

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 1 of 2

Record of Informal

Meeting of Councillors

Meeting details

Title:

Councillor Workshop 1 - Councillor Planning Day

Date:

14 November 2024

Time:

10.00am to 4.00pm

Location:

Mt Derrimut Golf and Community Club

Councillors in

attendance:

☒

Cr Joh Bauch

☒

Cr Victoria Borg

☒

Cr Thuy Dang

☒

Cr Maria Kerr

☒

Cr Daniel Kruk

☒

Cr Lucy Nguyen

☒

Cr Katharine Nikolic

☒

Cr Ranka Rasic

☒

Cr Duyen Anh Pham

☒

Cr Virginia Tachos

☒

Cr Kim Thien Truong

Council Officers in

attendance:

Fiona Blair, Chief Executive Officer

Lynley Dumble, Director Community Wellbeing

Georgie Hill, Director People, Performance and Partnership

Chris Leivers, Director Infrastructure and City Services

Mark Stoermer, Director Corporate Services

Kelvin Walsh, Director City Futures

Danny Bilaver, Manager Governance and Risk

Other attendees:

Janet Dore, Municipal Monitor

Penelope Holloway, Municipal Monitor

Name of Council

Officer completing

Record of Informal

Meeting of

Councillors:

Georgie Hill, Director People, Performance and Partnership

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 2 of 2

Issues considered (if no conflicts of interest were disclosed, enter “nil” in name column. Add

and delete rows as required)

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Working Together Workshop

<Select one>

Forward completed Record of Informal Meeting of Councillors to Governance within 48 hours of the meeting for Reporting to Council.

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 1 of 2

Record of Informal

Meeting of Councillors

Meeting details

Title:

Councillor Induction Training 1

Date:

18 November 2024

Time:

6.00pm to 8.30pm

Location:

Council Chamber

Councillors in

attendance:

☒

Cr Joh Bauch (6.25pm)

☒

Cr Victoria Borg

☒

Cr Thuy Dang

☒

Cr Maria Kerr (online)

☒

Cr Daniel Kruk

☒

Cr Lucy Nguyen

☒

Cr Katharine Nikolic

☒

Cr Ranka Rasic

☒

Cr Duyen Anh Pham

☒

Cr Virginia Tachos

☒

Cr Kim Thien Truong

Council Officers in

attendance:

Fiona Blair, Chief Executive Officer

Lynley Dumble, Director Community Wellbeing

Georgie Hill, Director People, Performance and Partnership

Chris Leivers, Director Infrastructure and City Services

Mark Stoermer, Director Corporate Services

Kelvin Walsh, Director City Futures

Danny Bilaver, Manager Governance and Risk

Other attendees:

Janet Dore, Municipal Monitor

Penelope Holloway, Municipal Monitor

Mark Hayes, Maddocks

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 2 of 2

Name of Council

Officer completing

Record of Informal

Meeting of

Councillors:

Danny Bilaver, Manager Governance and Risk

Issues considered (if no conflicts of interest were disclosed, enter “nil” in name column. Add

and delete rows as required)

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Overview of the Council and its Elected Roles <Enter name(s)>

<Select one>

2. Local Government Fundamentals

<Enter name(s)>

<Select one>

3. Overview of Non-Elected Roles

<Enter name(s)>

<Select one>

4. Council Decision-Making and Good Governance <Enter name(s)>

<Select one>

5. Councillor Conduct Obligations

<Enter name(s)>

<Select one>

6. Councillors Integrity Obligations

<Enter name(s)>

<Select one>

7. The Councillor Conduct Framework

<Enter name(s)>

<Select one>

8. Introduction to Key Integrity and Accountability

Requirements

<Enter name(s)>

<Select one>

Forward completed Record of Informal Meeting of Councillors to Governance within 48 hours of the meeting for Reporting to Council.

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 1 of 2

Record of Informal

Meeting of Councillors

Meeting details

Title:

Councillor Orientation 2

Date:

19 November 2024

Time:

6.30pm to 8.30pm

Location:

Council Chamber

Councillors in

attendance:

☒

Cr Joh Bauch

☒

Cr Victoria Borg

☒

Cr Thuy Dang

☒

Cr Maria Kerr (online)

☒

Cr Daniel Kruk

☒

Cr Lucy Nguyen

☒

Cr Katharine Nikolic

☒

Cr Ranka Rasic

☒

Cr Duyen Anh Pham

☒

Cr Virginia Tachos

☒

Cr Kim Thien Truong

Council Officers in

attendance:

☒

Fiona Blair, Chief Executive Officer

☒

Lynley Dumble, Director Community Wellbeing

☐

Georgie Hill, Director People, Performance and Partnership

☒

Chris Leivers, Director Infrastructure and City Services

☐

Mark Stoermer, Director Corporate Services

☒

Kelvin Walsh, Director City Futures

☒

Danny Bilaver, Manager Governance and Risk

Other attendees:

☒

Janet Dore, Municipal Monitor

☒

Penelope Holloway, Municipal Monitor

Name of Council

Officer completing

Record of Informal

Meeting of

Councillors:

Tony Vo, Coordinator Council Business

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 2 of 2

Issues considered (if no conflicts of interest were disclosed, enter “nil” in name column. Add

and delete rows as required)

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Outline approach to Council Meeting Cycle,

Meeting Types, Agendas and Reports

<Enter name(s)>

<Select one>

2. Committee membership (specific focus on ARC

and LeadWest)

<Enter name(s)>

<Select one>

3. Governance Rules and Meeting Procedures

<Enter name(s)>

<Select one>

4. Election of Mayor/Deputy Mayor

<Enter name(s)>

<Select one>

5. Briefing and Rehearsal of Statutory Council

Meeting

<Enter name(s)>

<Select one>

6. Discussion of a confidential matter

Cr Duyen Anh Pham Yes

Forward completed Record of Informal Meeting of Councillors to Governance within 48 hours of the meeting for Reporting to Council.

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 1 of 2

Record of Informal

Meeting of Councillors

Meeting details

Title:

Councillor Orientation 3

Date:

21 November 2024

Time:

6.00pm to 8.35pm

Location:

BCCC, Level 6

Councillors in

attendance:

☐

Cr Joh Bauch

☒

Cr Victoria Borg, Deputy Mayor

☒

Cr Thuy Dang, Mayor

☐

Cr Maria Kerr

☒

Cr Daniel Kruk

☒

Cr Lucy Nguyen

☒

Cr Katharine Nikolic

☒

Cr Ranka Rasic

☒

Cr Duyen Anh Pham

☒

Cr Virginia Tachos

☒

Cr Kim Thien Truong

Council Officers in

attendance:

☒

Fiona Blair, Chief Executive Officer

☒

Lynley Dumble, Director Community Wellbeing

☒

Georgie Hill, Director People, Performance and Partnership

☒

Chris Leivers, Director Infrastructure and City Services

☐

Mark Stoermer, Director Corporate Services

☒

Kelvin Walsh, Director City Futures

☐

Danny Bilaver, Manager Governance and Risk

Other attendees:

☒

Janet Dore, Municipal Monitor

☒

Penelope Holloway, Municipal Monitor

Name of Council

Officer completing

Record of Informal

Meeting of

Councillors:

Georgie Hill, Director, People, Partnership and Performance

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 2 of 2

Issues considered (if no conflicts of interest were disclosed, enter “nil” in name column. Add

and delete rows as required)

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Discussion of a confidential matter

Cr Pham

Yes

2. Advocacy

<Enter name(s)>

<Select one>

3. People, Partnerships & Performance

<Enter name(s)>

<Select one>

4. Community Wellbeing

<Enter name(s)>

<Select one>

5. Infrastructure & City Services

<Enter name(s)>

<Select one>

6. City Futures

<Enter name(s)>

<Select one>

Forward completed Record of Informal Meeting of Councillors to Governance within 48 hours of the meeting for Reporting to Council.

Brimbank Council Meeting No. 641 - 10 December 2024

18 of 49

Attachment 12.4.1

Page 1 of 2

Record of Informal

Meeting of Councillors

Meeting details

Title:

Briefing

Date:

25 November 2024

Time:

6.15pm to 7.00pm

Location:

Online

Councillors in

attendance:

☐

Cr Joh Bauch

☒

Cr Victoria Borg, Deputy Mayor

☒

Cr Thuy Dang, Mayor

☒

Cr Maria Kerr

☒

Cr Daniel Kruk

☒

Cr Lucy Nguyen

☒

Cr Katharine Nikolic

☒

Cr Ranka Rasic

☐

Cr Duyen Anh Pham

☒

Cr Virginia Tachos

☒

Cr Kim Thien Truong

Council Officers in

attendance:

☒

Fiona Blair, Chief Executive Officer

☒

Lynley Dumble, Director Community Wellbeing

☒

Georgie Hill, Director People, Performance and Partnership

☒

Chris Leivers, Director Infrastructure and City Services

☒

Mark Stoermer, Director Corporate Services

☒

Kelvin Walsh, Director City Futures

☐

Danny Bilaver, Manager Governance and Risk

Other attendees:

☒

Janet Dore, Municipal Monitor

☒

Penelope Holloway, Municipal Monitor

Name of Council

Officer completing

Record of Informal

Meeting of

Councillors:

Georgie Hill, Director People, Performance and Partnership

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 2 of 2

Issues considered (if no conflicts of interest were disclosed, enter “nil” in name column. Add

and delete rows as required)

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Discussion of a confidential matter

<Select one>

Forward completed Record of Informal Meeting of Councillors to Governance within 48 hours of the meeting for Reporting to Council.

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 1 of 2

Record of Informal

Meeting of Councillors

Meeting details

Title:

Finance Presentation and Corporate Services Overview

Date:

26 November 2024

Time:

6.00pm to 8.30pm

Location:

Level 6

Councillors in

attendance:

☐

Cr Joh Bauch

☒

Cr Victoria Borg, Deputy Mayor

☒

Cr Thuy Dang, Mayor

☒

Cr Maria Kerr

☒

Cr Daniel Kruk

☒

Cr Lucy Nguyen

☒

Cr Katharine Nikolic

☒

Cr Ranka Rasic

☐

Cr Duyen Anh Pham

☒

Cr Virginia Tachos

☒

Cr Kim Thien Truong

Council Officers in

attendance:

☒

Fiona Blair, Chief Executive Officer

☒

Lynley Dumble, Director Community Wellbeing

☒

Georgie Hill, Director People, Performance and Partnership

☒

Chris Leivers, Director Infrastructure and City Services

☒

Mark Stoermer, Director Corporate Services

☒

Kelvin Walsh, Director City Futures

☐

Danny Bilaver, Manager Governance and Risk

Other attendees:

☒

Janet Dore, Municipal Monitor

☐

Penelope Holloway, Municipal Monitor

Name of Council

Officer completing

Record of Informal

Meeting of

Councillors:

Georgie Hill, Director People, Performance and Partnership

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 2 of 2

Issues considered (if no conflicts of interest were disclosed, enter “nil” in name column. Add

and delete rows as required)

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Corporate Services

Nil

<Select one>

Forward completed Record of Informal Meeting of Councillors to Governance within 48 hours of the meeting for Reporting to Council.

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 1 of 2

Record of Informal

Meeting of Councillors

Meeting details

Title:

Councillor Workshop 2

Date:

28 November 2024

Time:

10.00am to 5.00pm

Location:

Lancemore Mansion Hotel, Werribee

Councillors in

attendance:

☐

Cr Joh Bauch

☒

Cr Victoria Borg, Deputy Mayor

☒

Cr Thuy Dang, Mayor

☒

Cr Maria Kerr

☒

Cr Daniel Kruk

☒

Cr Lucy Nguyen

☒

Cr Katharine Nikolic

☐

Cr Ranka Rasic

☒

Cr Duyen Anh Pham

☒

Cr Virginia Tachos

☐

Cr Kim Thien Truong

Council Officers in

attendance:

☒

Fiona Blair, Chief Executive Officer

☒

Lynley Dumble, Director Community Wellbeing

☒

Georgie Hill, Director People, Performance and Partnership

☒

Chris Leivers, Director Infrastructure and City Services

☒

Mark Stoermer, Director Corporate Services

☐

Kelvin Walsh, Director City Futures

☐

Danny Bilaver, Manager Governance and Risk

Other attendees:

☐

Janet Dore, Municipal Monitor

☐

Penelope Holloway, Municipal Monitor

Name of Council

Officer completing

Record of Informal

Meeting of

Councillors:

Tony Vo, Coordinator Council Business

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 2 of 2

Issues considered (if no conflicts of interest were disclosed, enter “nil” in name column. Add

and delete rows as required)

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Overview of Integrated Planning and Reporting

Framework and introduction to Council Plan

<Enter name(s)>

<Select one>

2. Brimbank community overview

<Enter name(s)>

<Select one>

3. Councillor priorities and aspirations

<Enter name(s)>

<Select one>

4. Vision and strategic pillars

<Enter name(s)>

<Select one>

Forward completed Record of Informal Meeting of Councillors to Governance within 48 hours of the meeting for Reporting to Council.

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 1 of 2

Record of Informal

Meeting of Councillors

Meeting details

Title:

Councillor Training Workshop - Statutory Planning

Date:

2 December 2024

Time:

6.00 to 8.00pm

Location:

Council Chamber

Councillors in

attendance:

☐

Cr Joh Bauch

☐

Cr Victoria Borg, Deputy Mayor

☒

Cr Thuy Dang, Mayor

☒

Cr Maria Kerr (online)

☒

Cr Daniel Kruk

☒

Cr Lucy Nguyen

☒

Cr Katharine Nikolic

☒

Cr Ranka Rasic

☒

Cr Duyen Anh Pham

☒

Cr Virginia Tachos

☐

Cr Kim Thien Truong

Council Officers in

attendance:

☒

Fiona Blair, Chief Executive Officer

☐

Lynley Dumble, Director Community Wellbeing

☐

Georgie Hill, Director People, Performance and Partnership

☐

Chris Leivers, Director Infrastructure and City Services

☐

Mark Stoermer, Director Corporate Services

☒

Kelvin Walsh, Director City Futures

☐

Danny Bilaver, Manager Governance and Risk

☒

Matt O'Mara, Acting Manager City Development Services

Other attendees:

☒

Janet Dore, Municipal Monitor

☒

Penelope Holloway, Municipal Monitor

☒

John Keaney, Keaney Planning

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 2 of 2

Name of Council

Officer completing

Record of Informal

Meeting of

Councillors:

Kelvin Walsh, Director, City Futures

Issues considered (if no conflicts of interest were disclosed, enter “nil” in name column. Add

and delete rows as required)

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Statutory Planning Workshop

NIL

<Select one>

Forward completed Record of Informal Meeting of Councillors to Governance within 48 hours of the meeting for Reporting to Council.

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 1 of 2

Record of Informal

Meeting of Councillors

Meeting details

Title:

Council Meeting Briefing

Date:

3 December 2024

Time:

6.00 to 7.03pm

Location:

Online

Councillors in

attendance:

☐

Cr Joh Bauch

☒

Cr Victoria Borg, Deputy Mayor

☒

Cr Thuy Dang, Mayor

☐

Cr Maria Kerr

☒

Cr Daniel Kruk

☒

Cr Lucy Nguyen

☒

Cr Katharine Nikolic

☒

Cr Ranka Rasic

☒

Cr Duyen Anh Pham (6.50pm)

☒

Cr Virginia Tachos (6.10pm)

☐

Cr Kim Thien Truong

Council Officers in

attendance:

☒

Fiona Blair, Chief Executive Officer

☒

Lynley Dumble, Director Community Wellbeing

☒

Georgie Hill, Director People, Performance and Partnership

☒

Chris Leivers, Director Infrastructure and City Services

☒

Mark Stoermer, Director Corporate Services

☒

Kelvin Walsh, Director City Futures

☒

Danny Bilaver, Manager Governance and Risk

Other attendees:

☐

Janet Dore, Municipal Monitor

☒

Penelope Holloway, Municipal Monitor

Name of Council

Officer completing

Record of Informal

Meeting of

Councillors:

Danny Bilaver, Manager Governance and Risk

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.1

Page 2 of 2

Issues considered (if no conflicts of interest were disclosed, enter “nil” in name column. Add

and delete rows as required)

No. Brief description of issue/agenda item

Name of person(s)

who disclosed a

conflict of interest

Did the person(s)

leave the meeting?

1. Quarter 1 Budget Report (July/Aug/Sept) 2024 Nil

<Select one>

2. Governance Report December 2024

Nil

<Select one>

3. Appointment to Committees

Nil

<Select one>

4. Quarterly Advocacy Update - December 2024 Nil

<Select one>

5. Council Plan Action Plan Y4Q1 Report and Draft

Council Report

Nil

<Select one>

6. Annual Brimbank Community Grants Program

2024/2025

Cr Thuy Dang

Cr Katharine Nikolic

Yes

7. Contract No: 25/3549 - 2024/2025 Asphalt

Resurfacing Works at Various Roads (Package 1

and Package 2)

Nil

<Select one>

8. Quarterly Budget Report and Capital Works

Report

Nil

<Select one>

9. Refresh on meeting procedure

Nil

<Select one>

Forward completed Record of Informal Meeting of Councillors to Governance within 48 hours of the meeting for Reporting to Council.

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Attachment 12.4.1

Page 1 of 2

Council Representative's

Report

Report details

Representative/s:

Councillor Victoria Borg

Committee/Event:

Brimbank Disability Advisory Committee

Meeting date:

27 August 2024

Report author:

Simone Shirkey - Senior Diversity, Equity, Access and Inclusion Officer

Report

Due to Council entering Caretake Period, the chairperson advised this would be the last meeting for 2024.

The Brimbank Disability Advisory Committee (DAC) was held in person and via Zoom to discuss the

following:

DAC and Disability Action Plan (DAP) Reflections:



A presentation was delivered to DAC members reflecting on the achievements and contributions

made by DAC members over the past 16 months.



Acknowledged that there have been some significant changes during this time:

- Two DAC members had passed away

- Resignation of the Strategic Partnerships and Planning Officer

- The appointment of the Senior Diversity, Equity, Access and Inclusion Officer position.

Disability Action Plan (DAP) update



Priorities for the coming year will include:

- Employment and volunteering - support economic and social inclusion

- Improved mental wellbeing

- Deliver a range of initiatives that celebrate diversity and intercultural sharing

- Continue to model a safe, healthy, accessible, diverse and equitable organisation.



An overview of initiatives undertaken over the past 12 months will be presented to the September

Council meeting for consideration.

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Attachment 12.4.2

Page 2 of 2

Draft Accessible and Inclusive Events Guide update



A presentation on the draft guide was made to show how the feedback from the DAC members has

been captured and to inform on the next steps. The guide will support staff to deliver events that

are accessible and inclusive to the whole community.

Update - Brimbank Disability Network Group



Chair of BDNG gave an update on the 27 June meeting.

- Inclusion Melbourne presentation

- Co-design working group video

- Brief overview of the BDNG survey

- As part of the survey findings, a standard DAC agenda item has now been included in future

meetings

Other Business



International Day of People with Disability event 2024



Community Listening Posts for 2025

Recommendations

There were no matters to be considered by Council.

Next meeting:

<Select date>

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.2

Page 1 of 2

Council Representative's

Report

Report details

Representative/s:

Cr Victoria Borg

Committee/Event:

Social Justice Coalition Strategic Implementation Group

Meeting date:

9 September 2024

Report author:

Anna Vu

Report

The Brimbank Social Justice Coalition's Strategic Implementation Group (SIG) meeting was held

online via MS Teams video conference. The focus of the meeting was one external presentation

and updates from Council staff.

Working Dads Program:

GenWest gave a presentation on their 'Working Dads' program - they

conducted research with fathers across Melbourne's west into the barriers to men taking parental leave,

and promoted the report's launch in November 2024. Details of the report and launch will be distributed

to the group.

Link to receive an invitation to the launch: https://www.surveymonkey.com/r/D3MFKV3

Link to the report: https://genwest.org.au/resources/working-dads-towards-equal-care/

Inquiry into food security in Victoria - Council submission update:

This item was held over until the

next meeting due to late apology from Coordinator Social Policy & Research.

Brimbank Social Justice Coalition review – update:

This item was held over until the next meeting

due to late apology from Coordinator Social Policy & Research.

Social Inclusion Action Groups:

Acting Social Policy Officer gave a brief update on new funding from

the State Government for the establishment of Social Inclusion Action Groups in Brimbank. More

information on this program will be available in the coming months.

Member updates:

Members were invited by the Chair to provide a brief update from their organisation in

regards to

any current projects or programs, recent or upcoming initiatives, and how the SIG can

support their work. Updates were provided by representatives of the following organisations:



cohealth:

expanding outreach in Melbourne’s west, inclusive of Brimbank, re AOD, mental health

and/or homelessness concerns. This will be in the form of a bus with harm reduction workers.

cohealth will provide more information to the group as it becomes available.

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.2

Page 2 of 2



Salvation Army:

built an alliance group to build strong working relationships with family violence

teams, including Melbourne City Mission, Gen West and Safe Steps. Also holding an artistic

rainbow event, Unite and Embrace in 26 October at Sun Theatre in Yarraville, which has included

input from Council.



Western Health:

presenting a paper at the International Social Work Conference on the issue of

homelessness in Brimbank and Melton, as observed by social workers at inpatients units.



Melbourne City Mission:

provided update on the Hometime campaign that a number of

organisations have been involved in, pushing government to seek more housing for young people.

MCM is very appreciative of the efforts of those involved in this and encourages others to get

involved: https://www.hometime.org.au/

Recommendations

There were no matters to be considered by Council.

Next meeting:

TBC, will advise of arrangements for 2025 after Council election

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Attachment 12.4.2

Page 1 of 3

Chief Executive Officer

Employment Matters

Committee

Terms of Reference

December 2024

1.

Purpose

The purpose of the Terms of Reference for the Chief Executive Officer Employment Matters

Committee is to coordinate employment related matters pertaining to the Chief Executive

Officer, particularly:

•

Performance Review

•

Recruitment

2.

Objectives

The Committee's objectives are:

Performance Review

a.

Develop annual key performance targets in accordance with Clause 12.1 of the Chief

Executive Officer’s contract.

b.

Conduct performance reviews of the Chief Executive Officer with the involvement of a

mutually agreed, independent, suitably qualified Human Resources practitioner.

c.

Annually review the remuneration in accordance with the requirements of the Employment

Contract.

The Committee’s focus will be on the Chief Executive’s Officer achievement of the Council’s

performance expectations, having regard to the statutory responsibilities of the Chief Executive

Officer, the contract requirements and annual performance targets.

Recruitment

a.

Select an Executive Recruitment agency to undertake the recruitment process for a Chief

Executive Officer for Brimbank City Council;

b.

Select an independent advisor to provide expert advice to the Committee throughout the

recruitment process, including in relation to probity and employment practices;

c.

Seek agreement with the full Council on the selection and recruitment process;

d.

Approve a shortlist of candidates;

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Attachment 12.4.3

Terms of Reference

Page 2 of 3

e.

Conduct the interview process for shortlisted candidates; and

f.

Make a recommendation to Council of a preferred applicant for the permanent position of

Chief Executive Officer of Brimbank City Council.

3.

Extent of Authority

a.

The Committee acts in an advisory capacity to Council.

b.

The Committee has no power to commit Council to any decision or action, or to direct

Council officers in their duties.

4.

Code of Conduct

a.

The Committee will be guided by Council's values and behaviours:

▪

We show Respectare respectful

▪

We find better ways

▪

We act with Integrity

▪

We work Together

▪

We Communicate openly

▪

We strive for ExcellenceSafety is our foundation

b.

Committee members will comply with the Brimbank City Council Councillor’sModel Code

of Conduct while performing duties as committee members.

5.

Conflicts of Interest

a.

Committee members must disclose any potential or perceived conflicts of interest prior

to their appointment to the Committee, and on an ongoing basis.

b.

Committee members will be asked to disclose conflicts of interest at the commencement

of each meeting.

Committee members will comply with the conflict of interest provisions of the Local

Government Act 2020.

6.

Membership

a.

The Committee comprises of at least four (4) Councillors (with one Councillor from

each ward and includes the Mayor and the immediate past Mayor (if available))

(including the Mayor of the day).

b.

An Independent Advisor (non-voting member)

b.c.

The Independent Advisor Director Corporate and Community Relations will take

minutes of the meeting and provide to the Mayor to distribute.

7.

Recruitment

a.

Council will appoint Councillor representative/s to the Committee.

b.

Appointments will be reviewed annually, or as needed.

8.

Procedures

The Committee will be led by the Mayor, whose role is to:

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Attachment 12.4.3

Terms of Reference

Page 3 of 3

▪

Ensure meetings are scheduled and committee members are notified.

▪

Invite specialists to attend meetings as required.

▪

Guide the meeting according to the agenda and time available.

▪

Ensure all discussion items end with a decision, action or definite outcome.

▪

Review and approve the agenda and draft minutes before distribution.

The Mayor will be assisted by the Independent Advisor in undertaking the above processes.

9.

Meetings

1.

The Chief Executive Officer must notify the Committee of, and schedule, the annual

performance review with at least four (4) weeks' notice of the performance review no later

than 30 September each year.

2.

By agreement the Committee can meet a minimum of three times a year. Only one (1) of

these meetings (as above) shall be the annual performance review with the other meetings

tracking progress against the annual performance plan.

a.

Minutes and Agendas

i.

Agendas will be distributed one week prior to the meeting.

ii.

Minutes will be distributed within one week of the meeting being held.

iii.

The Committee will be required to endorse the minutes as a true and accurate record

at the commencement of the next meeting.

b.

Quorum

i.

A quorum of 3 members is required.

c.

Absences

i.

If a Committee member is absent for three consecutive meetings without notice or

justifiable reason, the Chair, in consultation with the Committee, will review and may

cancel their membership.

d.

Attendance by non-members

i.

Meetings are not open to the public.

10.Confidentiality

All Committee members are expected to be aware of their responsibilities with regard to the

confidentiality of information about Council’s affairs pursuant to the Local Government Act

2020 and the Councillor’s Model Councillor Code of Conduct.

11. Review

The Terms of Reference will be adopted by Council.

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Attachment 12.4.3

Council Meeting Dates 2025

Date

Time Venue (if in person)*

18 February 2025

7pm Council Chamber, 301 Hampshire Road, Sunshine

18 March 2025

7pm Council Chamber, 301 Hampshire Road, Sunshine

15 April 2025

7pm Council Chamber, 301 Hampshire Road, Sunshine

20 May 2025

7pm Council Chamber, 301 Hampshire Road, Sunshine

17 June 2025

7pm Council Chamber, 301 Hampshire Road, Sunshine

15 July 2025

7pm Council Chamber, 301 Hampshire Road, Sunshine

19 August 2025

7pm Council Chamber, 301 Hampshire Road, Sunshine

16 September 2025

7pm Council Chamber, 301 Hampshire Road, Sunshine

21 October 2025

7pm Council Chamber, 301 Hampshire Road, Sunshine

18 November 2025

7pm Council Chamber, 301 Hampshire Road, Sunshine

25 November 2025

(Mayoral Election)

6pm Council Chamber, 301 Hampshire Road, Sunshine

9 December 2025

7pm Council Chamber, 301 Hampshire Road, Sunshine

*Note: In accordance with Governance Rule 75.1, notice for each meeting listed above

will indicate whether the meeting is to be conducted:

1. wholly in person;

2. wholly by electronic means; or

3. partially in person and partially by electronic means.

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Attachment 12.4.4

Page 1 of 9

Owner

Governance & Risk Record no.

23/317715

Endorsement

ARC

date:

1 September 2023

Adopted by:

Council

date:

19 Sep 2023

Version

H

Next review date:

September 2025

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Attachment 12.4.5

Brimbank City Council – Audit and Risk Committee Charter

Page 2 of 9

Brimbank Council Meeting No. 641 - 10 December 2024

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Attachment 12.4.5

Brimbank City Council – Audit and Risk Committee Charter

Page 3 of 9

Brimbank City Council has established an Audit & Risk Committee (the Committee) pursuant to

Section 53 of the Local Government Act 2020 (the Act) to support Council in discharging its oversight

responsibilities related to financial and performance reporting, risk management, fraud prevention

systems and control, maintenance of a sound internal control environment, assurance activities

including internal and external audit and Council’s performance with regard to compliance with its

policies and legislative and regulatory requirements. The Committee acts in this capacity by

monitoring, reviewing, endorsing and advising on the above matters as set out in this Charter. This

Charter has been developed in accordance with Section 54 of the Act.

The appointment of independent members to the Committee as outlined in this Charter enables the

Committee to provide advice to Council on matters related to its responsibilities.

The Committee has no executive authority and no delegated financial responsibilities and is therefore

independent of management.

The Committee is directly responsible to Council for discharging its responsibilities as set out in this

Charter. The Committee has no delegated authority from Council unless specifically provided by

Council from time to time and any such authority shall be temporary and may only relate to specific

matters as directed by Council.

The Committee has the authority to:



Endorse key documents and reports that must be approved by Council, including annual

financial reports, annual performance statements, new or revised policies and other

documents that assist in maintaining a sound internal control environment;



Approve internal and external audit plans, including internal audit plans with an outlook of

greater than one year;



Provide advice and make recommendations to Council on matters within its areas of

responsibility;



Conduct enquiries or authorise investigations into any matters within its scope of

responsibility or as otherwise referred by Council;



Subject to consultation with, and approval of, the Chief Executive Officer (CEO), retain

appropriate independent specialists to advise the Committee or assist in the conduct of an

investigation;



Seek any relevant information it requires from Council, Council Officers and external parties;



Meet with Council Officers, internal and external auditors and other parties as required to

discharge its responsibilities.

The Committee will, through the Chief Executive Officer, have access to appropriate management

support to enable it to discharge its responsibilities effectively.

The Committee will consist of five members appointed by Council, three of whom must be

independent members. Council employees cannot be members of the Committee.

Details of membership and tenure are set out below:

3.1 Independent members will be appointed for three year terms;

3.2 Independent members may be reappointed for one additional three-year term subject to

mutual agreement and satisfactory performance;

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Attachment 12.4.5

Brimbank City Council – Audit and Risk Committee Charter

Page 4 of 9

3.3 Independent members must collectively have expertise in financial management and

reporting and risk management and also have experience in public sector management;

3.4 Independent members terms of appointment will be set so that as far as possible only one

member retires at a time in order to minimise the loss of knowledge of Council’s business

that may occur on change of membership;

3.5 Remuneration will be paid to independent members as approved by Council from time to

time.

3.6 Councillor members will be appointed to the Committee by Council annually;

3.7 Council may also appoint two substitute Councillor Members who will attend meetings in

place of a Councillor Members who are unable to attend a meeting.

3.8 The Chairperson of the Committee must be an Independent Member;

3.9 Council will appoint the Chairperson of the Committee;

3.10 If the Chairperson is unable to attend a meeting, the members in attendance at the meeting

will appoint a Chairperson for that meeting from among the attending members;

3.11 On the retirement or resignation of an Independent Member, Council will establish an

appropriate process to appoint a new Independent Member;

3.12 A panel comprising the Chair of the Committee, one Councillor Member and the CEO (or

delegate) will be convened to interview candidates (if required) and to make a

recommendation to Council about the appointment of a new Independent Member.

The Chair of the Committee will:

4.1 In consultation with the CEO (or delegate) set the matters to be included on the agenda for

each meeting of the Committee;

4.2 Chair all meetings of the Committee;

4.3 Be responsible for ensuring that meetings are conducted in an appropriate manner;

4.4 Participate in the appointment of Council’s internal audit service provider;

4.5 Report to Council on the Committee’s audit and risk activities twice per annum based on

timing agreed with Council;

4.6 Lead the annual evaluation of the Committee’s performance and report on the outcomes

to Council.

The Committee will meet at least four times a year, with authority to convene additional meetings,

as circumstances require;

5.1 A quorum shall comprise at least one Councillor Member and two Independent Members;

5.2 Councillors who are not the appointed Councillor Members of the Committee may attend

meetings of the Committee by agreement with the Chair, but will have no voting rights on

Committee decisions and will not be counted as part of the quorum for any meeting;

5.3 A schedule of meetings will be developed annually and agreed by members;

5.4 All Committee members are expected to attend each meeting in person, although in special

circumstances members can attend through electronic means;

5.5 The Committee will invite members of Council’s management team, the internal and

external auditors and other personnel as appropriate to attend meetings. The Chief

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Attachment 12.4.5

Brimbank City Council – Audit and Risk Committee Charter

Page 5 of 9

Executive Officer, Director People, Partnerships and Performance, and Manager

Governance and Risk are expected to attend all meetings, except for confidential matters;

5.6 Committee members and the internal and external auditors can request the Chair to

convene additional meetings if they feel that is justified to address unexpected matters that

may have arisen;

5.7 Meeting agendas and appropriate briefing materials will be provided to members at least

one week before each meeting;

5.8 Minutes will be prepared for all meetings and after approval from the Chair, may be

distributed as required.

The CEO is expected to attend all meetings of the Committee and will be responsible for ensuring

that the Committee is adequately resourced to enable it to discharge its responsibilities effectively

and efficiently. Specifically, the CEO will ensure (either directly or through a delegate) that:

6.1 Agendas, briefing papers, minutes and reports to Council are prepared on a timely basis;

6.2 Actions arising from meetings are recorded and appropriately actioned by Council;

6.3 Reports to Council required to be prepared by the Committee are provided to Council on a

timely basis;

The Committee will prepare an annual work plan to discharge the following responsibilities:

a) At least annually review significant accounting and external reporting issues, including

complex or unusual transactions, transactions and balances in areas where judgement is

required, changes to accounting policies, recent accounting, professional and regulatory

pronouncements and legislative changes, and understand their effect on the annual

financial report and the audit thereof;

b) At least annually review changes to the Local Government Performance Reporting

Framework and understand the impact of those changes on Council’s performance

indicators;

c) Review the annual financial report and annual performance statement and consider

whether they are complete, consistent with information known to Committee members,

reflect appropriate accounting treatments and adequately disclose Council’s financial

performance and position;

d) Review with management and the external auditors the results of the audit, including any

difficulties encountered by the auditors and how they were resolved;

e) Recommend the adoption ofthe annual financial report and annual performance statement

to Council;

f) Review the Report of Operations in the Annual Report, including the Governance and

Management Checklist, the Report on the Committee activities for the year and any related

regulatory filings before they are released to ensure that the content is consistent with the

Committee’s understanding of these matters and that they are accurate and complete in

the context of the annual financial report and the annual performance statement; and

g) Review the appropriateness of the format and content of periodic management financial

reports and performance statements to Council as required.

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Attachment 12.4.5

Brimbank City Council – Audit and Risk Committee Charter

Page 6 of 9

a) Review the adequacy and effectiveness of key policies, systems and controls for providing a

sound internal control environment. This will be done on a rotational basis over a three to

four year period;

b) Monitor Councils cyclical review and updates of internal systems and controls;

c) Monitor significant changes to systems and controls to assess whether those changes

significantly impact Councils risk profile;

d) Ensure that a programme is in place to test compliance with systems and controls;

e) Assess whether Councils key policies and procedures are consistent with the Governance

Principles.

a) Review annually the effectiveness of Council’s risk management framework;

b) Review Council’s risk appetite statement and the degree of alignment with Council’s risk

profile;

c) Review Council’s risk profile and the changes occurring in the profile from meeting to

meeting;

d) Review Council’s treatment plans for significant risks, including the timeliness of mitigating

actions and progress against those plans;

e) Review the insurance programme annually prior to renewal; and

f) Review the approach to business continuity planning arrangements, including whether

business continuity and disaster recovery plans have been regularly updated and tested.

a) Review Council’s Fraud Prevention policies and controls, including the Fraud Control Plan and

fraud awareness programmes at least very two years;

b) Receive reports from management about actual or suspected instances of fraud or corruption

including analysis of the underlying control failures and action taken to address each event;

and

c) Review reports by management about the actions taken by Council to report such matters to

the appropriate integrity bodies.

a) Review and approve the three year strategic internal audit plan, the annual internal audit plan

and any significant changes to them;

b) Review progress on delivery of annual internal audit plan;

c) Review and approve proposed scopes for each review in the annual internal audit plan;

d) Review reports on internal audit reviews, including recommendations for improvement

arising from those reviews;

e) Meet with the leader of the internal audit function at least annually in the absence of

management;

f) Monitor action by management on internal audit findings and recommendations;

g) Review the effectiveness of the internal audit function and ensure that it has appropriate

authority within Council and has no unjustified limitations on its work;

h) Ensure that the Committee is aware of and appropriately represented with regard to any

proposed changes to the appointment of the internal audit service provider, including being

appropriately briefed on the need for any proposed change;

a) Annually review and approve the external audit scope and plan proposed by the external

auditor;

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Attachment 12.4.5

Brimbank City Council – Audit and Risk Committee Charter

Page 7 of 9

b) Discuss with the external auditor any audit issues encountered in the normal course of audit

work, including any restriction on scope of work or access to information;

c) Ensure that significant findings and recommendations made by the external auditor, and

management’s responses to them, are appropriate and are acted upon in a timely manner;

d) Review the effectiveness of the external audit function and ensure that the Victorian Auditor

General’s Office (VAGO) is aware of the Committee’s views;

e) Consider the findings and recommendations of any relevant performance audits undertaken

by VAGO and monitor Council’s responses to them; and

f) Meet with the external auditor at least annually in the absence of management.

a) Review the systems and processes implemented by Council for monitoring compliance with

relevant legislation and regulations and the results of management’s follow up of any

instances of non-compliance;

b) Obtain briefings on any significant compliance matters; and

c) Receive reports from management on the findings of any examinations by regulatory or

integrity agencies, such as the Ombudsman, IBAC, Victoria Government Inspectorate, etc.

and monitor Council’s responses.

8.1 Minutes of Committee meetings will be provided to Council at the first available opportunity

after being reviewed by the Committee Chair following each Committee meeting;

8.2 The Chair will prepare an audit and risk report twice per annum that describes the activities

of the Committee including its findings and recommendations, and provide a copy to the

Chief Executive Officer for tabling at the next Council meeting;

The Committee shall undertake a process to evaluate its performance annually and report the

outcomes of the evaluation process to Council, including recommendations for improvement. The

evaluation will include feedback from both Committee members and senior officers who have regular

interactions with the Committee.

The Committee shall review and assess the adequacy of the Charter every two years or earlier if

necessary and submit requests for revisions and improvements to Council for approval.

Committee members are expected to be aware of their obligations under Section 53 of the Act. These

obligations relate to misuse of position as a member of the Committee (Section 123), confidential

information (Section 125) and conflicts of interest (Sections 126 to 131). Details about these

obligations are included in Appendix A to this Charter.

11.1Any conflict of interest must be declared at the commencement of the meeting and prior to the

consideration of the matter. The member who has declared a conflict of interest must vacate the

meeting while the item is being considered by the Committee. Independent public members are

required to complete Personal Interests Returns every six (6) months.

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Attachment 12.4.5

Brimbank City Council – Audit and Risk Committee Charter

Page 8 of 9

A

27 July 2013

Annual Review

B

7 November 2014 Annual Review/New Format

C

28 August 2015 Annual review/ARC endorsed

D

1 September 2016 Annual review/ARC endorsed – no changes

E

4 September 2017 Annual review/Proposed change

F

7 September 2018 Annual review/ Proposed changes

G

6 September 2019 Annual review/ Proposed changes

H

1 September 2023 Annual review/org structure realignment/additional sub Councillor

and the Public Interest Disclosure

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Attachment 12.4.5

Brimbank City Council – Audit and Risk Committee Charter

Page 9 of 9

123(1) A Committee member must not intentionally misuse their position to:

a) Gain or attempt to gain, directly or indirectly, an advantage for themselves or for any

other person; or

b) Cause, or attempt to cause, detriment to the Council or another person

123(3) Circumstances involving misuse of a position by a member of the Committee include:

a) Making improper use of information acquired as a result of being a member of the

Committee; or

b) Disclosing information that is confidential information; or

c) Directing or improperly influencing, or seeking to direct or improperly influence, a

member of Council staff; or

d) Exercising or performing, or purporting to exercise or perform, a power, duty or

function that the person is not authorised to exercise or perform; or

e) Using public funds or resources in a manner that is improper or unauthorised; or

f) Participating in a decision on a matter in which the member has a conflict of interest.

125 A member of the Committee must not intentionally or recklessly disclose information that

the member knows, or should reasonably know, is confidential information. There are some

exemptions to this requirement, the key one being that if the information disclosed by the

member has been determined by Council to be publicly available.

126 A member of the Committee has a conflict of interest if the member has:

a) A general conflict of interest as described in Section 127; or

b) A material conflict of interest as described in Section 128.

127 A member of the Committee has a general conflict of interest in a matter if an impartial, fair

minded person would consider that the members private interests could result in that

member acting in a manner that is contrary to their public duty as a member of the

Committee.

128 A member of the Committee has a material conflict of interest in a matter if an affected

person would gain a benefit or suffer a loss depending on the outcome of the matter.

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Attachment 12.4.5

S11A. Instrument of Appointment and Authorisation (

1987)

Instrument of Appointment and Authorisation

(

)

In this instrument "

officer

" means -

Ian Babore

By this instrument of appointment and authorisation

Brimbank City Council -

1.

under s 147(4) of the

- appoints the officer to be an

authorised officer for the purposes of the

and the

regulations made under that Act; and

2.

under s 313 of the

authorises the officer either generally or in a

particular case to institute proceedings for offences against the Acts and regulations

described in this instrument.

It is declared that

this instrument -



comes into force immediately upon its execution;



remains in force until varied or revoked; or until the officer ceases employment with Council

This instrument is authorised by a resolution of the Brimbank City Council on

10 December 2024.

Signed

by the Chief Executive Officer of Council

in the presence of:

………………………………………..

Witness

Date: ……………………………….

) )

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Attachment 12.4.6

S11A. Instrument of Appointment and Authorisation (

1987)

Instrument of Appointment and Authorisation

(

)

In this instrument "

officer

" means -

Winny Enniss

By this instrument of appointment and authorisation

Brimbank City Council -

1.

under s 147(4) of the

- appoints the officer to be an

authorised officer for the purposes of the

and the

regulations made under that Act; and

2.

under s 313 of the

authorises the officer either generally or in a

particular case to institute proceedings for offences against the Acts and regulations

described in this instrument.

It is declared that

this instrument -



comes into force immediately upon its execution;



remains in force until varied or revoked; or until the officer ceases employment with Council

This instrument is authorised by a resolution of the Brimbank City Council on

10 December 2024.

Signed

by the Chief Executive Officer of Council

in the presence of:

………………………………………..

Witness

Date: ……………………………….

) )

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Attachment 12.4.6

S11A. Instrument of Appointment and Authorisation (

1987)

Instrument of Appointment and Authorisation

(

)

In this instrument "

officer

" means -

Sunny Khan Rehman

By this instrument of appointment and authorisation

Brimbank City Council -

1.

under s 147(4) of the

- appoints the officer to be an

authorised officer for the purposes of the

and the

regulations made under that Act; and

2.

under s 313 of the

authorises the officer either generally or in a

particular case to institute proceedings for offences against the Acts and regulations

described in this instrument.

It is declared that

this instrument -



comes into force immediately upon its execution;



remains in force until varied or revoked; or until the officer ceases employment with Council

This instrument is authorised by a resolution of the Brimbank City Council on

10 December 2024.

Signed

by the Chief Executive Officer of Council

in the presence of:

………………………………………..

Witness

Date: ……………………………….

) )

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Attachment 12.4.6

S11A. Instrument of Appointment and Authorisation (

1987)

Instrument of Appointment and Authorisation

(

)

In this instrument "

officer

" means -

Glenda Roberts

By this instrument of appointment and authorisation

Brimbank City Council -

1.

under s 147(4) of the

- appoints the officer to be an

authorised officer for the purposes of the

and the

regulations made under that Act; and

2.

under s 313 of the

authorises the officer either generally or in a

particular case to institute proceedings for offences against the Acts and regulations

described in this instrument.

It is declared that

this instrument -



comes into force immediately upon its execution;



remains in force until varied or revoked; or until the officer ceases employment with Council

This instrument is authorised by a resolution of the Brimbank City Council on

10 December 2024.

Signed

by the Chief Executive Officer of Council

in the presence of:

………………………………………..

Witness

Date: ……………………………….

) )

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Attachment 12.4.6