Council Meeting

Minutes

Meeting No. 642

18 February 2025

Commenced at 7.01pm

Council Chamber

301 Hampshire Road, Sunshine,

Victoria

Fiona Blair

Chief Executive Officer

21 February 2025

Brimbank Council Meeting No. 642 - 18 February 2025

2 of 52

Council

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 Duyen Anh Pham

Cr Ranka Rasic

Apology

Cr Virginia Tachos

Cr Kim Thien Truong

Municipal Monitors

Ms Janet Dore

Municipal Monitor

Ms Penelope Holloway Municipal Monitor

Executive Leadership Team

Ms Fiona Blair

Chief Executive Officer

Ms Erin Clark

Acting Director Community Wellbeing

Ms Rachel Deans

Acting Director People, Partnerships and Performance

Mr Chris Leivers

Director Infrastructure and City Services

Mr Mark Stoermer

Director Corporate Services

Mr Kelvin Walsh

Director City Futures

Governance Team

Mr Danny Bilaver

Manager Governance and Risk

Mr Tony Vo

Coordinator Council Business

Ms Jessica Zelenbaba

Council Business Officer

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Table of Contents

1 Opening (Including Acknowledgement Of Country) ......................................4

2 Council Commitment.....................................................................................4

3 Apologies/Leave Of Absence ........................................................................4

4 Disclosure Of Conflicts Of Interest ................................................................4

5 Designation Of Items As Confidential ...........................................................4

6 Confirmation Of Minutes Of Previous Council Meetings .................................5

7 Condolences .................................................................................................5

7.1 Fr John O'Reilly .....................................................................................5

8 Congratulations ............................................................................................5

9 Public Question Time ....................................................................................5

10 Petitions .....................................................................................................14

11 Minutes/Reports Of Delegated Committees ................................................14

12 Officer Reports............................................................................................15

12.1 Planning Activity Update And Delegate Decisions And Planning Scheme

Amendments Update - December 2024 And January 2025 ..................15

12.2 Planning Compliance Activity Update - 1 October To 31 December 2024

............................................................................................................19

12.3 Quarter 2 Budget Report (Oct/Nov/Dec 2024)....................................21

12.4 BCC Council Plan Action Plan Year 4 Quarter 2 Report.........................26

12.5 Governance Report February 2025 ......................................................29

12.6 Councillor Conduct And Governance Policies .......................................36

12.7 50 Year Anniversary Of Vietnamese Community's Settlement In

Australia..............................................................................................41

13 Notices Of Motion .......................................................................................45

14 Notices Of Rescission ..................................................................................45

15 Urgent Business..........................................................................................45

16 Confidential Business..................................................................................45

17 Meeting Closure ..........................................................................................53

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1 Opening (Including Acknowledgement Of Country)

The Mayor, Cr Thuy Dang, opened the meeting at 7.01pm and welcomed all in

attendance.

The Mayor stated:

On behalf of Brimbank City Council, I respectfully acknowledge and recognise the

Wurundjeri and Bunurong Peoples as the Traditional Custodians of this land and pay

respect to their Elders, past, present and future.

2 Council Commitment

The Mayor, on behalf of the Council, read the Council Commitment:

As the Council, we will act in the best interests of the Brimbank community and consider

the immediate and long term impacts of our decisions. We will make these decisions

fairly and without bias.

We will uphold all of our obligations under the laws of Victoria and Council’s local laws,

and will act in accordance with the Model Councillor Code of Conduct.

3 Apologies/Leave Of Absence

Councillor Ranka Rasic submitted an apology for this meeting.

4 Disclosure Of Conflicts Of Interest

Nil.

5 Designation Of Items As Confidential

Motion

That Council declares confidential in accordance with section 66(2)(a) of the

:

•

Confidential Report 16.1

as it relates to Council business information, being information that would prejudice

Council’s position in commercial negotiations if prematurely released (s 3(1)(a) of the

Local Government Act 2020).

Resolution

Moved Cr Victoria Borg/Seconded Cr Virginia Tachos

That Council declares confidential in accordance with section 66(2)(a) of the

:

•

Confidential Report 16.1

as it relates to Council business information, being information that would

prejudice Council’s position in commercial negotiations if prematurely released

(s 3(1)(a) of the Local Government Act 2020).

CARRIED

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6 Confirmation Of Minutes Of Previous Council Meetings

Motion

That Council confirms the Minutes of Council Meeting No. 641, held on 10 December

2024.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Kim Thien Truong

That Council confirms the Minutes of Council Meeting No. 641, held on 10

December 2024.

CARRIED

7 Condolences

7.1 Fr John O'Reilly

Motion

That Council notes the passing of Fr John O’Reilly, and extends condolences to his

family.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Maria Kerr

That Council notes the passing of Fr John O’Reilly, and extends condolences to

his family.

CARRIED

8 Congratulations

Nil.

9 Public Question Time

1/25 Question

C Deigan

Local Law 8 requires that an owner of land must keep that land in a manner that is not

unsightly. The derelict building at 6-18 Alexandra Avenue in Sunshine is unsightly and

clearly within scope of this local law. Would Council please detail the actions it has taken

against the owner of this land pursuant to Local Law 8 over the past four years?

Brimbank Council Meeting No. 642 - 18 February 2025

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2/25 Question

C Deigan

Local Law 10 requires that an owner of land must not allow any building on the land to

become dilapidated. The derelict building at 6-18 Alexandra Avenue in Sunshine is

dilapidated and clearly within scope of this local law. Would Council please detail the

actions it has taken against the owner of this land pursuant to Local Law 10 over the

past four years?

24/25

Question

H Gao

Regarding 6-18 Alexandra Avenue, Sunshine: Under Local Law 10, property owners must

not allow buildings to become dilapidated. Given that the former council building is in a

state of disrepair and continues to deteriorate, what enforcement actions has Brimbank

Council taken against the owner in the past four years to ensure compliance?

25/25

Question

H Gao

Regarding 6-18 Alexandra Avenue, Sunshine: Local Law 8.1(a) requires that land and

buildings must not be unsightly. This building has been a longstanding eyesore,

attracting crime, vandalism, and antisocial behavior. What penalties have been issued to

the owner under this provision?

26/25

Question

S Tsoleridis

Regarding 6-18 Alexandra Avenue, Sunshine: Local Law 8.1(d) mandates that land must

be kept free of waste material and rubbish. With ongoing issues such as illegal dumping,

has the council issued any Notices to Comply under Local Law 49 to the property

owner?

27/25

Question

S Tsoleridis

Regarding 6-18 Alexandra Avenue, Sunshine: In 2018, when this property was sold,

there was a public announcement that heritage elements and artworks would be

preserved. Given that the building is now derelict, vandalized, and these elements

appear destroyed, why has the council failed to uphold this commitment?

28/25

Question

S Santos

Local Law 51 allows penalties of up to 20 penalty units for failing to maintain a property.

Can the council provide a record of all penalties or fines issued to the landowner in the

past five years? If no fines have been issued, why not?

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29/25

Question

S Santos

Regarding 6-18 Alexandra Avenue Under Local Law 49, the council has the authority to

issue a Notice to Comply, requiring the owner to secure, fence, or repair a dilapidated

building. Why has the council not compelled the owner to either commence development

or demolish the structure?

Answer

The Mayor advised that Council is unable to provide details of compliance action

undertaken due to privacy obligations. However, Officers have responded to complaints

regarding this site under the Building Act and the Local Law, specifically clauses relating

to structural integrity, condition of land and unsightly provisions.

All actions and any requests for corrective or remedial works to be carried out are done

so in compliance with the Building Act and the Local Law.

Officers will continue to inspect this site during their patrols. Any necessary works

required to ensure compliance will be requested of the property owners and completion

of any requested actions monitored.

Council does not have the power to compel a landowner or planning permit holder to

commence development. No permit exists for the demolition of the structure. The

Municipal Building Surveyor holds powers under the Building Act to compel demolition of

structurally unsound and unsafe buildings. Brimbank's MBS continues to monitor the

structural integrity of the Alexandra Avenue building.

3/25 Question

D Austin

Why do most home-related permits cost the same? Doesn't each type of permit process

have different effort and scrutiny behind it, and as a result have different cost

profiles.

Answer

The Mayor advised that not all home-related permits cost the same. Some statutory

permit fees are set by the State Government (eg planning and building permit fees).

While Council is able to set non-statutory fees. For permits under Council’s Local Law

which cover different circumstances and have differing conditions the scrutiny and

approval process is similar. Hence the common permit fee.

4/25 Question

D Austin

What approach does Brimbank take to set prices for nonregulated charges, for example

'no more than cost' or 'cost plus ?% to cover new and improved services' or something

completely different?

Answer

The Mayor advised that in Council’s Revenue and Rating Plan it has been resolved to

utilise a band of plus or minus 1.75% with regard to the cost/price ratio of services. In

instances where this is not the case, a rationale is included to explain the variance and

the basis for the subsidy.

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5/25 Question

Brimbank Progress Association – B Lancashire

The boom gate at yaluk barring park next to the golf driving range restricts vehicle

access to all members of the public except the members of the model aircraft club. The

council has recently completed a children’s playgroung several hundred metres beyond

this gate. When will this gate be removed or left permanently open to provide public

access to the community park?

Answer

The Mayor advised that the boom gate has been installed to restrict public access on the

road adjacent to the golf course and driving range to protect the community from golf

balls, and to limit public access to restricted areas, for safety reasons. This is intended to

remain.

This project was delivered to provide increased public access to the park and picnic area

via the new walking trail that starts at the park entry.

6/25 Question

Brimbank Progress Association – B Lancashire

The Council has last year renamed Sydenham Park to yaluk barring park. It is the largest

and most significant park in Brimbank. When will the signage be updated to reflect its

new name?

Answer

The Mayor advised that the wayfinding signage that was installed in 2024-25 has the

Park’s name, ‘yaluk barring park’, on it. A new entry sign will be installed on the existing

stone wall on Turnely Parkway by the end of this financial year.

7/25 Question

R Carthew

When the Local Government Minister, Melissa Horne extended the municipal monitors

Janet Dore and Penelope Holloway tenure at the Brimbank City Council for an additional

six months. It appears the reason given was to provide support through the induction

period, Council Plan and Budget process.

Who is responsible for council planning and the budget process, Council staff or the

Councillors?

8/25 Question

R Carthew

How much will it cost the Brimbank City Council to have the Monitors tenure extended 1

January 2025 to 30 June 2025?

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20/25

Question

D Cappelli

Please confirm the total cost for Ms Janet Dore and Ms Penelope Holloway to act as

monitors for Brimbank Council for the 16 months, ending 30 June 2025, and is this cost

being paid for by Brimbank council?

30/25

Question

D Dorgan

I have read the terms of reference for the Brimbank monitors. I want to know who was

responsible for calling in the monitors, and why. Isn't it the responsibility of the CEO to

administer and deal with the matters referred to in the terms of reference.

Answer

The Mayor advised that the decision to appoint monitors is made by the Minister for

Local Government, not the council or its CEO, for the reasons outlined in the terms of

reference.

The Terms of Reference for the Municipal Monitors is available on Council’s and the Local

Government Victoria website. Under the Local Government Act, the Councillors are

responsible for developing and reviewing key strategic documents of Council including

the Council Plan and Budget.

The rate for Municipal Monitors is set by the Minister for Local Government. Monitors do

not receive a set allowance as it is based on hours worked which vary from week to

week. As such Council is unable to provide an exact figure at this moment for the cost to

Council for the Monitor's extended tenure or total tenure as it is yet to conclude.

9/25 Question

M Meyer

Will our mayor be opening up her diary for public display? This would lead to more

transparency in her role and show the public/rate payers, what hours the mayor is doing

considering the very generous pay

Answer

The Mayor advised that her diary and the diaries of Councillors are not public documents

as they may contain sensitive, private, or confidential items. The appropriate avenue to

seek this document would be through the Freedom of Information process.

10/25

Question

M Meyer

Are there any plans to build any water play parks in Brimbank?

We have many spaces eg Brimbank Park, where they could be built. At present,

residents are travelling to other municipalities to play at one. With the rise in cost of

living, a water play park would allow residents to access water play at no cost.

Answer

The Mayor advised that Council incorporates some water play into its most highly visited

parks. For example, there is water play at Sunvale Park, Errington Reserve, Keilor Park

Recreation Reserve and Buckingham Reserve. There will be water play at Cliff Harvey

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Lagoon Reserve after is upgraded next financial year. Council is mindful to balance the

enjoyment of children’s play with the need to conserve potable water as a valuable and

scarce resource.

11/25

Question

M Ralph

Can council do more to provide affordable housing during the housing crisis? With news

from Qld that councils are evicting homeless people from parks, surely it is time to

take more decisive action to avoid a similar situation here

Answer

The Mayor advised that Council is concerned about the housing crisis and significant

increase in homelessness across the municipality. We are actively working with local

homelessness agencies to support community members experiencing homelessness.

The responsibility for providing and resourcing social and affordable housing lies

primarily with the State and Federal Governments. Housing and Homelessness is one of

Brimbank’s advocacy priorities. Council engages with representatives from the State and

Federal Governments as well as peak body representatives of local government,

including the Municipal Association of Victoria and the Australian Local Government

Association on this matter.

12/25

Question

M Ralph

Could council utilise council properties and resources to provide more affordable housing

or can we preemptively make some of our parks more fit for camping, knowing that with

increased homelessness, camping in parks will become the best option for many?

Answer

The Mayor advised that the responsibility for providing and resourcing social and

affordable housing lies primarily with the State and Federal Governments. Housing and

Homelessness is one of Brimbank’s advocacy priorities.

Council is not a homelessness service provider, and does not have the expertise to

provide a suitable camp. We are actively working with local homelessness services to

ensure a human rights-based approach to rough sleeping and support for these

individuals to access services.

13/25

Question

N Evangelista

There's more than 3,000 households in Cairnlea & there’s only 1 bus route that goes

through it every 40 minutes along Furlong Rd. Can the Council lobby the State govt to

add another route via Cairnlea Drive? This may start from Brimbank Shopping Centre to

Sunshine Station via Ballarat Rd passing Albion Station.

Answer

The Mayor advised that yes, Council does lobby for improved bus services including for

Cairnlea residents. The Brimbank Transport Priorities Paper (2022) identifies issues with

the current transport network and proposes service solutions to improve connectivity in

and around Brimbank’s suburbs.

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This Paper highlights 10 bus priorities, including #6: Deliver a new bus route connecting

Sunshine and Brimbank Shopping Centre via Cairnlea Drive to improve public transport

accessibility in Cairnlea.

14/25

Question

N Evangelista

Can the Council establish more recycling vending machines preferably in major train

stations? It can be installed in the parking lot. This will make recycling accessible to

people who don’t have cars.

Answer

The Mayor advised that Brimbank City Council has been working with the Victorian

Government to assist the roll-out of reverse vending machines across the municipality

via the Container Deposit Scheme. There are now 17 of these reverse vending machines

installed throughout Brimbank and some of these are close to train stations and other

forms of public transport. At this stage the Victorian Government does not have any

plans to install more collection points within Brimbank.

15/25

Question

E Barrow

Last year an elderly neighbour tripped on the uneven footpath in our street & was taken

to hospital. Brimbank refused to repair the path due to the minimum vertical

displacement of the path needing to be over 50mm. I compared 29 other local councils’

roads plans & the highest requirement was 30mm. Our paths have trip hazards of 45mm

which is already considered a hazard in most workplaces & for those with disabilities. Will

Brimbank change this to make our paths safer and more accessible?

Answer

The Mayor advised that Council is sorry to hear about the incident referred to in the

question. Council manages approximately 1,600 km of footpaths and shared paths, and

seeks to manage this for safety, condition and compliance. Footpaths that form part of

the street network are managed as part of the Road Management Plan, which provides

guidance for the monitoring and repair of the footpath network.

The Road Management Plan is currently under review, with a revised Plan to be

presented to Council for adoption later in 2025. As part of this review, intervention

thresholds and the response will be assessed to ensure they align with community

needs, benchmarks and best practice. This will be subject to public consultation as part

of the process and community review and input will be welcomed.

Resolution

Moved Cr Virginia Tachos/ Seconded Cr Duyen Anh Pham

That Council extend Public Question Time for another 15 minutes.

CARRIED

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16/25

Question

E Barrow

Brimbank continues to approve new developments in our street with inadequate parking,

ignoring the impact this has on street parking and congestion, especially since we face

additional traffic for school pickup & drop off by the local primary school. There was

recently an application to build a child care centre on our narrow street, with no

consideration of the already existing congestion & parking issues. Why are parking and

congestion issues not addressed when approving developments?

Answer

The Mayor advised that clause 52.06 of the Brimbank Planning Scheme sets out car

parking requirements associated with different land uses. The parking rates in this

clause are consistent across the state and can’t be increased or altered by individual

councils. If a proposed development includes the number of car parking spaces required

by this clause, Council is not able to refuse it on the basis of insufficient car parking, or

require additional parking to be provided on the site.

A review has been undertaken of all planning approvals over the last 10 years and all of

them provide the required amount of car parking on-site.

19/25

Question

M Jekic

How much did it cost ratepayers to send the CEO and Cr Katharine Nikolic to Canberra

for Lead West? With the current cost of living crisis I believe that it is only fair that

taxpayers and ratepayers know exactly how their money is being spent.

Answer

The Mayor advised that LeadWest is an advocacy alliance representing the western

metropolitan municipalities.

Cr Katharine Nikolic and CEO Fiona Blair are committee members of LeadWest. Cr Nikolic

is the current Deputy Chair of LeadWest.

LeadWest sent a delegation to Canberra to advocate for the west of Melbourne ahead of

the Federal Election. Transport and infrastructure projects were central to LeadWest’s

advocacy efforts, including the construction of the Melbourne Airport Rail and the

development of the Sunshine Precinct.

Cr Nikolic and CEO Fiona Blair attended representing LeadWest, and as such all costs

were covered by LeadWest. Flights and accommodation cost was $3,305.00.

21/25

Question

D Cappelli

Can Brimbank Council do more to deal with the current dumped rubbish issues? I

commend local volunteers like Julian Reynolds who has been regularly cleaning up

people's rubbish around Brimbank - but can the council place more bins in the area and

educate residents on their responsibilities?

Answer

The Mayor advised that Council's response to illegal rubbish dumping is multifaceted,

focusing on prevention, enforcement, and community engagement, which are provided

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alongside Councils rapid response litter and cleansing services.

Council residents are entitled to one no-charge hard waste collection each financial year;

additional collections can be booked for a fee.

Council also offers and promotes drop off locations for waste that cannot be disposed of

via the kerbside service or Hard rubbish collection.

Council appreciates the community reporting illegal rubbish dumping, via the ‘Report It’

function found on Councils website. Additional litter bin requests can also be logged for

consideration, through the ‘Report It’ function.

Residents are encouraged to notify Council or police if they see rubbish being dumped or

suspicious or illegal activity.

Dumped rubbish is a serious and ongoing concern and will require effort from community

and Council to manage.

22/25

Question

P Robinson

Tried to contact a couple councilors via phone and Tex. Never answered or returned

calls. Is there an issue with councilors remaining in contact with ratepayers?

Answer

The Mayor advised that Councillors receive a high volume of inquiries from residents and

strive to respond to calls and emails as promptly as possible.

For service requests, the quickest and most efficient way to resolve matters is to contact

our customer service team or use ‘Report It’ through our website.

23/25

Question

P Robinson

Graffiti everywhere. What is the budget for cleaning Graffiti.

Answer

The Mayor advised that maintaining a graffiti-free environment requires a sustained

effort and resources. Council committed $210,000 to the Graffiti Removal Program in the

2024/25 budget.

Further information about Brimbank’s approach can be found in Council’s Graffiti

Prevention and Management Policy on Council’s website.

31/25

Question

D Dorgan

.

Background

Council is a Responsible Authority under the

(

). In this role, Council administers the Brimbank Planning Scheme (Planning Scheme)

and, among other things, determines planning permit applications made for the use and

development of the land in the municipality. Certain planning permit applications, and

other matters, are determined by Council officers under the delegated authority of

Council.

The statistics presented do not represent all development activity in the municipality.

Many types of use and development do not require a planning permit and may take

place without being recorded as part of the planning approvals data. In addition, some

planning permits are not acted on, or there may be a delay between when the approval

is granted and when works take place.

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Council is a Planning Authority for the Planning Scheme and undertakes amendments to

the Planning Scheme when authorised by the Minister for Planning (Minister), or in

accordance with section 8A(7) of

. Council undertakes amendments for a range of

reasons including to enhance or implement the strategic vision, to implement local

policy, to correct mistakes, to enable or restrict development, and to set aside land for

acquisition for a public purpose or remove such a reservation when it is no longer

required.

The Minister may prepare an amendment or authorise the preparation of an amendment

by another Minister, public authority or municipal council. For the purpose of this report,

the status of Planning Scheme Amendments will only include amendments where Council

is the Planning Authority, and where Council has resolved to request authorisation from

the Minister to prepare and exhibit an amendment or has requested that the Minister

prepare an amendment under section 20(4) of

.

Matters for Consideration

62 planning determinations and 28 subdivision determinations were made under

delegated authority in December 2024. 49 new planning permit applications were

received in December 2024. The value of development for these 49 applications is $363

million.

29 planning determinations and 10 subdivision determinations were made under

delegated authority in January 2025. 35 new planning permit applications were received

in January 2025. The value of development for these 35 applications is $260 million.

A list of the planning applications determined under delegation from Council during

December 2024 and January 2025 is at

Attachment 1. Attachment 2

provides a

graphical representation of the data over the last three years.

Dec

2024 Jan 2025 Previous

month

(Nov 2024)

Monthly

average

for past

12 months

Dec

2023

Jan

2024

Applications

Received

49

35

52

57

69

30

Planning

Permit

Approvals

55

27

60

55

72

55

Notice of

Decision to

Grant a

Permit

5

2

5

6

6

1

Refusals

2

0

2

1

0

1

Subdivision

Approvals

28

10

24

23

15

13

Cost of

development

for new

applications

(millions)

$363 $260 $15.2

$76.7

$30.6

$13.2

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Two planning appeals were determined by the Victorian Civil and Administrative Tribunal

(VCAT) in this period:

•

A consent order was reached between the parties for amended plans to be

endorsed for a new pedestrian path at the front of a commercial premises

following an appeal against a delegated decision to refuse to approve plans

under the secondary consent provisions of the permit (P040311 for 133

Harvester Road, Sunshine)

•

A consent order was reached between the parties for a planning permit to be

issued based on changes to the plans following an appeal by an objector against

Council’s delegated decision to issue a planning permit for the construction of

three double storey dwellings (P495/2023 for 16 Swan Street, Keilor Park).

At the end of January 2025 there were four appeals lodged at VCAT that had not yet

been determined. This is four less than at the end of January 2024.

The Planning Scheme Amendment Summary is shown at

Attachment 3

and includes

two Planning Scheme Amendments where Council is the Planning Authority or has

requested the Minister to prepare an amendment under section 20(4) of

.

Council submitted Amendment C219brim (Heritage Update) and C239brim (Housing and

Neighbourhood Character Strategy) to the Minister for Planning for authorisation on 20

December 2022 and 19 July 2024 respectively and is awaiting a decision.

Community Engagement

Not applicable.

Resource And Risk Implications

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

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

Legislation/Council Plan/Policy Context

This report complies with the

,

and the Brimbank Planning Scheme.

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

conflicts of interests to declare.

Resolution

Moved Cr Katharine Nikolic/Seconded Cr Kim Thien Truong

That Council:

a. Notes the Planning Activity Update and Delegate Decisions – December

2024 and January 2025 report, and Delegated Planning Permit Decisions,

at Attachment 1 to this report.

b. Notes the Planning Scheme Amendment Summary – January 2025, at

Attachment 3, and that this relates to amendments where Council has

resolved to request authorisation from the Minister for Planning to

prepare and exhibit an amendment or has requested that the Minister

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prepare an amendment under section 20(4) of the

.

CARRIED

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12.2

Planning Compliance Activity Update - 1 October To 31 December 2024

12.2

Planning Compliance Activity Update - 1 October to 31

December 2024

Directorate

City Futures

Director

Kelvin Walsh

Manager

Kristen Gilbert

Attachment(s)

1. Service Requests Received and PINs Issued - 1 October

to 31 December 2024 [

12.2.1

- 1 page]

2. Location of Requests for Services Received - 1 October to

31 December 2024 [

12.2.2

- 1 page]

Purpose

For Council to note the Planning Compliance Activity Update for the period 1 October to

31 December 2024.

Officer Recommendation

That Council notes the Planning Compliance Activity Update for the period of 1

October to 31 December 2024.

Background

Council is the Responsible Authority under the

. In

this role, Council administers the Planning Scheme and enforces its requirements to

ensure the use and development of land in the municipality is consistent with the various

zones, overlays and other provisions. Council also enforces compliance with conditions of

planning permits and other statutory requirements, including agreements made under

section 173 of the Act.

Matters for Consideration

Analysis

Request

Requests for

Service

Resolved

during this

period

Total active

requests

Infringement

Notices

Issued

Official

Warnings

Issued

Quarterly

1 October –

31 December

24

99

158

133

16

4

Year to Date

1 July – 31

December 24

205

324

133

19

6

Council’s Planning Compliance Unit received 99 new requests for service between 1

October and 31 December 2024. The number of requests received was lower than the

previous quarter when 106 requests were received. There were 158 requests resolved by

officers during the quarter.

The most common requests received related to signage compliance, which accounted for

26 percent of the total requests. These requests were scattered across the municipality,

with the majority being in the western areas.

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Contravention of planning permit conditions were next, being 24 percent of total

requests, and uses without a planning permit and home-based businesses were the third

most common requests received, accounting for 12 percent each.

16 Planning Infringement Notices (PINs) were issued between 1 October and 31

December 2024, which is 13 more than the previous period.

Information on the number of service requests received and PINs issued is in

Attachment 1

. A location map of requests received is in

Attachment 2.

Community Engagement

Not applicable.

Resource And Risk Implications

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

There are no Community, Environmental, Financial, Regulatory or Safety risks

identified.

Legislation/Council Plan/Policy Context

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

2. Places and Spaces - Liveable and connected neighbourhoods that support

healthy and sustainable futures - A green place for all

• Liveable and Connected - Inviting and liveable spaces and facilities, connected so

people can get around.

This report complies with the Planning and Environment Act 1987 (the Act) and the

Brimbank Planning Scheme (Planning Scheme).

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

conflicts of interests to declare.

Resolution

Moved Cr Victoria Borg/Seconded Cr Virginia Tachos

That Council notes the Planning Compliance Activity Update for the period of 1

October to 31 December 2024.

CARRIED

Brimbank Council Meeting No. 642 - 18 February 2025

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12.3

Quarter 2 Budget Report (Oct/Nov/Dec 2024)

12.3

Quarter 2 Budget Report (Oct/Nov/Dec 2024)

Directorate

Corporate Services

Director

Mark Stoermer

Manager

Andrew Brae

Attachment(s)

1. CR Quarterly Budget Report 31st December 2024

[

12.3.1

- 13 pages]

Purpose

For Council to note the Quarterly Budget Report and accompanying statements for the

period ending 31 December 2024.

Officer Recommendation

That Council notes the Quarterly Budget Report and accompanying statements for the

period ending 31 December 2024 and that a revised budget pursuant to section 97 (3) of

the Local Government Act 2020 is not required.

Background

The Quarterly Budget Report is a requirement under the Local Government Act 2020

(the Act).

Matters for Consideration

For Council to note the Quarterly Budget Report and accompanying statements for the

period ending 31 December 2024, as per

Attachment 1

to this report.

Analysis

Operating Performance

The Annual Budget for the 2024/25 financial year has an operating surplus of $1.77

million.

The year to date (YTD) operating surplus of $126.67 million is $21.41 million favourable

to the YTD Budget of $105.26 million.

Current full year forecast estimates an operating surplus of $18.07 million, being $16.29

million favourable to the Annual Budget, driven in part by $9.05 million Public Open

Space Contribution along with additional Supplementary Rates of $1.55 million mainly

relating to Orica site redevelopment.

Other major factors include $2.79 million Grants and Contributions carried forward from

2023-24 financial year, $2.29 million in unbudgeted Capital Grants for Old Geelong Road

Rehabilitation and $1.69 million increase in the User fees mainly due to BAWC.

On the expenses side, there is a $2.01 million unfavourable variance, mainly due to

$1.62 million in redundancy costs from the Council exiting direct service delivery under

the CHSP and HACC-PYP programs.

Capital Performance

The 2024/25 Annual Budget is $61.36 million, comprising of $58.67 million of Capital

Works projects and $2.69 million carried forward from the 2023/24 financial year. In total,

$4.45 million has been carried forward from 2023/24, comprising $2.69 million detailed in

the adopted 2024/25 budget and an additional $1.78 million identified after the budget's

adoption. The additional $1.78 million is classified as carried forward variations in the

2024/25 financial year.

YTD Capital Works actual expenditure is $18.64 million against a budget of $13.89

million. This is a variance of ($4.75 million), driven mainly by expenditure greater than

forecasted in Road Works ($4.03 million), Sports Facilities ($0.54 million), and

Playgrounds, Parks and Gardens ($2.08 million). This was partly offset by an

expenditure of less than forecasted in Community Facilities of $0.19 million and Plant,

Machinery, Passenger & Commercial Vehicles of $1.53 million.

YTD external funding is $3.89 million comprising recurrent and non-recurrent grants and

Contributions. Total full year external funding Forecast is $6.19 million, an increase of

$3.63 million over the 2024/25 Annual Budget of $2.56 million.

The full year capital expenditure forecast estimates an expenditure of $67.06 million,

$5.7 million higher than budget, of which $3.63 million is expected to be offset by

additional grants and other external contributions. Whilst not currently reflected in the

forecast, officers expect the capital expenditure to be within the budgeted amount by the

end of financial year.

Capital Works 24/25 Change Requests

The Capital Works Steering Committee has implemented a robust review and approval

process (Change Request process) for requesting, approving, and documenting changes

to projects adopted in the Capital Works Program.

The Change Request process also allows for changes to the adopted Capital Works

Program.

Changes to projects can relate to alterations in budget, timelines, and/or scope from

what was originally adopted in the 2024/25 Capital Works Program by Council.

Changes to projects that exceed pre-determined thresholds around budget, timelines

and/or scope, require the Project Manager (with the endorsement of the Project

Sponsor), to submit a Change Request to the Capital Works Steering Committee

(CWSC).

Should the CWSC recommend that the Change Request be approved, the Change

Request is then presented to the ELT for consideration, seeking CEO’s approval. If

approved, and above the threshold that warrants this, the change is reported to Council

via the Quarterly Financial Report.

During the reporting period, 25 project change requests were received and approved

under CEO delegation. These requests encompassed a variety of categories, reflecting

adjustments to project scope, budget and funding. The breakdown is as follows:

Brimbank Council Meeting No. 642 - 18 February 2025

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•

Project Savings (9 requests):

Budget savings totalling $495,125.

•

Additional Budget Required (6 requests):

$3,708,291 in additional budget

allocated to support project requirements. This required additional budget will

be offset by unbudgeted income and savings from other projects.

•

Income Adjustments (4 requests):

Additional income amounting to

$2,671,586.

•

Scope Change (6 requests):

Changes in project scope with no change to

budget.

Further details on each Change Request can be found within the December Quarterly

Budget Report.

Due to the 25 changes to the Capital Works Program YTD, the program will show an

approved over-expenditure of $541,580. The CWSC is confident that a $541,580 deficit

in the total Capital Works Program can be offset through savings from completed

projects or projects not proceeding this financial year.

Ensuring the delivery of Council’s 2024/25 budget, including its Capital Works Program,

is a key Council commitment to its community. The change request process aims to

continue to fulfil that commitment by ensuring that appropriate capital funding is

allocated where needed the most.

Cash Position

The Annual Budget has a cash balance of $80.29 million at the end of the financial year.

The YTD cash balance is $106.33 million comprising an opening balance of $77.97

million at 1 July 2024 and year to date net cash inflows of $28.36 million.

The forecast year end cash balance is $85.57 million which is $5.28 million higher than

the budgeted closing cash at bank of $80.29 million. Section 2 of attached report

provides a detailed analysis on the variances to budget.

Key Financial Ratios

Details of key financial ratios are:

Indicator

Measure

Budget

2024/25

Forecast

Risk

Adjusted

underlying

result

Underlying net

surplus (or

deficit) /

Adjusted

Underlying

Revenue

-3%

-2%

Medium

Self-Financing Net Operating

cash flows /

Adjusted

underlying

revenue

101%

111%

Low

Capital

Replacement

Capital

expenditure /

Depreciation

1.09

1.19

Medium

Asset Renewal Asset renewal

expenditure /

Depreciation

0.91

0.92

Medium

Brimbank Council Meeting No. 642 - 18 February 2025

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Working

Capital

Current assets /

Current

liabilities

1.79

4.47

Low

Indebtedness Non-current

liabilities / Own

source revenue

35.81%

36.15%

Low

Adjusted Underlying Result

This measures an entity’s ability to generate surplus in its ordinary course of business,

excluding non-recurrent capital grants, non-monetary asset contributions and other

contributions to fund capital expenditure from its net result. A surplus or increasing

surplus suggests an improvement in the operating position. The forecast result of -2%

indicates a medium risk.

Self-Financing

This indicator measures the ability to replace assets using cash generated by the entity's

operations. The forecast result of 111% indicates a Low risk.

Capital Replacement

This is a long-term indicator. The forecast result of 1.19 indicates a medium risk

implying that asset replacement is keeping pace with or slightly exceeding depreciation,

but there may still be room for improvement to ensure long-term sustainability. This

result should be read with caution as it is important to note that only 68% of the overall

capital budget was identified as renewal expenditure.

Asset Renewal

The forecast result of 0.92 indicates a medium risk and is constant with only 68% of the

overall capital budget identified as renewal. This signifies that the council is not fully

funding asset renewals to match the rate at which assets are deteriorating.

Working Capital

The actual result of 4.47 indicates a Low risk to council. This is due to the accounting

treatment of rates income. The full amount of rates income is recognised when we issue

the Annual Notice, instead of progressively recognising income over the year which has

significantly increased the rates debtors in current assets at the start of the year. It is

anticipated that the ratio will be in line with the budget at year end with the payment of

rates.

Indebtedness

The actual result of 36% indicates low risk and that council has the ability to repay debt

from its own revenue sources.

Community Engagement

The Annual Budget 2024/2025 was adopted by Council at the Council Meeting on 18

June 2024, following a community consultation process.

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

• Yes - The Quarterly Budget Report is a requirement under the Local Government Act

2020

Brimbank Council Meeting No. 642 - 18 February 2025

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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 strive to enhance services and

liveability for the Brimbank community.

This report complies with Local Government Act 2020, Australian Accounting Standards

and Annual Budget 2024/2025.

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

conflicts of interests to declare.

Resolution

Moved Cr Virginia Tachos/Seconded Cr Victoria Borg

That Council notes the Quarterly Budget Report and accompanying statements

for the period ending 31 December 2024 and that a revised budget pursuant to

section 97 (3) of the Local Government Act 2020 is not required.

CARRIED

Brimbank Council Meeting No. 642 - 18 February 2025

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12.4

BCC Council Plan Action Plan Year 4 Quarter 2 Report

12.4

BCC Council Plan Action Plan Year 4 Quarter 2 Report

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Rachel Deans

Attachment(s)

1. Council Plan Action Plan Year 4 Quarter 2 Report

(October - December 2024) [

12.4.1

- 38 pages]

Purpose

For Council to note the status of progress towards implementing the Council Plan Action

Plan Year 4 Quarter 2 as presented in the attached Quarter Two Progress Report for

October – December 2024.

Officer Recommendation

That Council notes the status of progress towards implementing the Council Plan Action

Plan Year 4 Quarter 2 as presented in the attached Quarter One Progress Report for

October - December 2024

.

Background

Adopted in October 2021, ‘Together we are Brimbank’ integrates Council’s Community

Vision, Council Plan (2021-2025) and Municipal Health and Wellbeing Plan.

Implementation of ‘Together we are Brimbank’ is monitored and evaluated through

quarterly reporting of Council Plan actions identified in the Council Plan Annual Action

Plan. End of financial year achievements are published in the Brimbank Annual Report.

Both of these reporting mechanisms are requirements of the Local Government Act

2020.

This year (2024-2025) the Council Plan Action Plan contains 81 actions.

Brimbank Council Meeting No. 642 - 18 February 2025

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Analysis

Results – Progress of Actions

As of 31 December 2024, the status of the 81 actions in the Council Plan Annual Action

Plan are as follows:

•

94% (76) actions are in progress

•

5% (4) actions are completed

•

1% (1) action is not due to commence until Quarter 4

.

The following actions are completed:

•

Advocate to the State Government to allocate funding for local government

Social Inclusion Action Groups (People and Community)

•

Continue implementation of Council’s Urban Forest Strategy through street tree

planting in Kings Park, Deer Park and St Albans (Places and Spaces)

•

Deliver the climate emergency stream of the Brimbank Community Grants

Program to help the community respond to climate change

•

Partner with the Victorian Electoral Commission in respect to Local Government

elections in compliance with the Local Government Act 2020 (the Act).

Detailed commentary about progress of each of the 81 actions is included in

Attachment 1

.

Community Engagement

The ‘Together we are Brimbank’ Council Plan Annual Action Plan Quarterly Report has

been developed for community. The report includes information about the progress of

Council’s 81 actions and service highlights aligned to each of the Council Plan Strategic

Directions.

Links to quarterly action plan progress reports are made available to the public via the

Council Plan webpage on the Brimbank City Council website.

Resource And Risk Implications

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

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

Legislation/Council Plan/Policy Context

Legislation

The Local Government Act 2020 requires that Council’s must prepare and report on a

Council Plan over the term of the Plan, four financial years.

Brimbank Council Meeting No. 642 - 18 February 2025

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Council Plan 2021-2025

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

•

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 strive to enhance services and

liveability for the Brimbank community

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

conflicts of interests to declare.

Resolution

Moved Cr Duyen Anh Pham/Seconded Cr Lucy Nguyen

That Council notes the status of progress towards implementing the Council

Plan Action Plan Year 4 Quarter 2 as presented in the attached Quarter One

Progress Report for October - December 2024.

CARRIED

Brimbank Council Meeting No. 642 - 18 February 2025

29 of 52

12.5

Governance Report February 2025

12.5

Governance Report February 2025

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Danny Bilaver

Attachment(s)

1. Record of Informal Meeting of Councillors [

12.5.1

- 10

pages]

2. Delegates and Representatives Report [

12.5.2

- 1 page]

3. Brimbank City Council Community Flag Pole Policy and

Procedures [

12.5.3

- 6 pages]

4. Innovate Reconciliation Action Plan 2024-2026 [

12.5.4

-

19 pages]

5. Submission to Homes Victoria on proposed development at

24 - 26 Burnewang Street Albion [

12.5.5

- 9 pages]

6. Confirmed Minutes November 22 2024 Audit and Risk

Committee Meeting [

12.5.6

- 9 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.

•

The updates to the Brimbank Community Flag Policy and Procedure.

•

The final updated Reconciliation Action Plan endorsed by Reconciliation

Australia.

•

Submission to Homes Victoria about proposed development at 24-26 Burnewang

Street, Albion.

•

The minutes from the 22 November 2024 Audit and Risk Committee Meeting.

Officer Recommendation

That Council:

a. Notes the:

i. Governance Report February 2025.

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

S7 Instrument of Sub Delegation (25/3419; 25/3572Q; 25/3584; and

25/3592).

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. Endorses the updates to the Brimbank Community Flag Policy and Procedure as at

Attachment 3

.

c. Notes the final updated Reconciliation Action Plan endorsed by Reconciliation

Australia as at

Attachment 4

.

Brimbank Council Meeting No. 642 - 18 February 2025

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d. Notes and endorses the officer submission shown at

Attachment 5

which was

submitted to Homes Victoria on behalf of Council in relation to a proposed

development at 24-26 Burnewang Street, Albion.

e. Notes the minutes from the 22 November 2024 Audit and Risk Committee

Meeting as at

Attachment 6

.

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

25/3419 Supply and Delivery of

3 Electric Maintenance

Tippers

Sustainable

Victoria

$764,821 28/11/2024

25/3572Q Business Process

Management Solutions

Nintex

$275,398 10/1/2025

25/3584 Supply and Delivery of

Three Mowers

Toro Australia

Group

$181,075 14/1/2025

25/3592 Cleansing and

Maintenance of

Automated Public

Toilets

WC Convenience

Maintenance

$475,912 29/1/2025

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.

Brimbank Council Meeting No. 642 - 18 February 2025

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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 December 2024 Councillor Training

28 January 2025

Councillor Training

3 February 2025 Councillor Training

4 February 2025

Briefing

11 February 2025 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

11 December 2024 Western Melbourne Tourism

Cr Virginia Tachos

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.

Date

Councillor Member of

Parliament

Matter Discussed

4 December 2024 Cr Thuy

Dang

Natalie

Suleyman MP

St Albans Library Errington Reserve

Welcome Project Alfrieda Street

Masterplan

Melbourne Airport Rail Outdoor Pool

/ Splash

Park at BAWC Youth Services

Brimbank Council Meeting No. 642 - 18 February 2025

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Brimbank Community Flag Policy and Procedure

Brimbank City Council has a long-standing commitment to supporting community

engagement and celebrating the diverse cultures within our municipality. As part of this,

the Community Flagpole site at the St Albans Community Centre was established as a

space for local communities to express their identity, pride, and cultural significance

through flag display. To support equitable and appropriate use of the community flagpole

sites, the Brimbank Community Flag Policy and Procedures was adopted by Council on

10 December 2019. Council adheres to the Australian National Flag Protocols regarding

the Civic Flagpole sites whilst the Brimbank Flag Policy and Procedure outlines the

responsibilities of Council in ensuring the respectful and appropriate use of its

Community Flagpole sites.

Review and updates:

The policy at

Attachment 3

has undergone a recent revision, with updates made to

include the additional flagpole sites, a more transparent assessment procedure for flag

applications and the addition of a privacy notice section. The inclusion of a procedure

section provides a more streamlined application and assessment process for flag flying

requests, including clear guidelines and a simplified submission form.

The policy has also been updated to include an accurate list of current locations,

including:

•

Civic Flagpole sites

located at the Brimbank Council Civic Centre and

Sydenham Community Hub.

•

Council’s Community Flagpole sites

located at STACC, Keilor Community

Hub and Sunvale Community Park.

Reconciliation Action Plan

Brimbank is a diverse and multi-cultural community enriched with the history and culture

of our Traditional Custodians, and Aboriginal and Torres Strait Islander peoples who call

Brimbank home. The Brimbank City Council Innovate Reconciliation Action Plan (RAP)

2024 – 26 at

Attachment 4

reflects this and maps the next steps of our journey,

advancing reconciliation between Aboriginal and Torres Strait Islander people and other

Australians. This is Council’s third RAP and builds on the strengths and achievements of

the first and second RAP 2013-17 and RAP 2019-21(Extended) respectively.

The RAP was endorsed by Council in June 2024, following consultation with:

•

The Traditional Custodians - Wurundjeri Woi-wurrung Cultural Heritage

Aboriginal Corporation and the Bunurong Land Council Aboriginal Corporation

•

Brimbank Aboriginal and Torres Strait Islander Consultative Committee

(BATSICC)

•

Reconciliation Working Group - a cross-council senior management level

collaboration, and

•

Brimbank based Aboriginal and Torres Strait Islander peoples.

In October 2024, Reconciliation Australia provided final feedback on the Brimbank City

Council Innovate RAP, including a request for minor amendments to design features of

the published document. Following these updates, Reconciliation Australia endorsed the

Brimbank City Council Innovate RAP, and have included it on their official website.

13 December 2024 Cr Katharine

Nikolic

Luba

Grigorovitch

MP

General discussion as part of

Pathways to Politics for Women

Alum - Mentoring program

Brimbank Council Meeting No. 642 - 18 February 2025

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Homes Victoria proposed development at 24-26 Burnewang Street, Albion

On 5 December 2024 Homes Victoria wrote to Council as follows:

On 18 December 2024 Homes Victoria advised that the consultation period had been

extended until 31 January 2025.

Officers from City Development Services undertook a detailed assessment of the

proposal against the relevant provisions of the Brimbank Planning Scheme which

concluded that the proposal had several areas of non-compliance. Comments from other

internal departments of Council were also considered in this assessment.

On Friday 31 January 2025, the Manager City Development Services submitted an

Officer Submission, shown at

Attachment 5

, to Homes Victoria on behalf of Council.

The Submission advises that Council officers do not support the development as

currently proposed for a number of reasons. The submission also includes a set of

“Without prejudice” draft conditions that are requested to be included on the planning

permit, should the Minister for Planning decide to grant a permit.

It is requested that Council notes and endorses the submission made to Homes Victoria

on 31 January 2025.

Audit and Risk Committee Meeting Minutes – 22 November 2024

The confirmed minutes from the 22 November 2024 are provided in

Attachment 6

for

noting.

Brimbank Council Meeting No. 642 - 18 February 2025

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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.

Resolution

Moved Cr Victoria Borg/Seconded Cr Duyen Anh Pham

That Council:

a. Notes the:

i. Governance Report February 2025.

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

with S7 Instrument of Sub Delegation (25/3419; 25/3572Q;

25/3584; and 25/3592).

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. Endorses the updates to the Brimbank Community Flag Policy and

Procedure as at Attachment 3.

c. Notes the final updated Reconciliation Action Plan endorsed by

Reconciliation Australia as at Attachment 4.

d. Notes and endorses the officer submission shown at Attachment 5 which

was submitted to Homes Victoria on behalf of Council in relation to a

proposed development at 24-26 Burnewang Street, Albion.

Brimbank Council Meeting No. 642 - 18 February 2025

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e. Notes the minutes from the 22 November 2024 Audit and Risk Committee

Meeting as at Attachment 6.

CARRIED

Brimbank Council Meeting No. 642 - 18 February 2025

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12.6

Councillor Conduct And Governance Policies

12.6

Councillor Conduct and Governance Policies

Directorate

People, Partnerships and Performance

Director

Georgie Hill

Manager

Danny Bilaver

Attachment(s)

1. Model Councillor Code of Conduct [

12.6.1

- 4 pages]

2. Councillor Code of Conduct ready reckoner [

12.6.2

- 35

pages]

3. Draft Councillor Code of Conduct Internal Dispute

Resolution Procedure 2025 [

12.6.3

- 8 pages]

4. Draft Brimbank Social Media for Councillors Policy 2025

[

12.6.4

- 12 pages]

5. Draft Councillor Occupational Health and Safety Policy

2025 [

12.6.5

- 9 pages]

Purpose

For Council to note the Model Code of Conduct prescribed by the Local Government

Regulation and to consider adoption of an Internal Dispute Resolution Procedure, a

Councillor Social Media Policy, and a Councillor Occupational Health and Safety Policy.

Officer Recommendation

That Council:

a. Notes the Model Code of Conduct as prescribed by the Local Government

Regulations in

Attachment 1

.

b. Notes the ‘ready reckoner’ in relation to Council’s Councillor Code of Conduct in

Attachment 2

and endorses the recommendations contained in it on the transfer

of relevant content to other policy documents.

c. Adopts the Internal Dispute Resolution Procedure as outlined in

Attachment 3

.

d. Adopts the Councillor Social Media Policy as outlined in

Attachment 4

.

e. Adopts the Councillor Occupational Health and Safety Policy as outlined in

Attachment 5

.

f. Notes the update in relation the development Model Governance Rules and a

Model Transparency Policy.

Background

The Local Government (Governance and Integrity Amendment) Regulations 2024 were

finalised on 22 October 2024, bringing with them significant changes to how Councillors

and councils operate. Included within these changes was the introduction of the Model

Councillor Code of Conduct and replacing the provisions relating to the prescribed

internal arbitration processes.

As of 26 October 2024, all Councillors across Victoria are required to follow the Model

Councillor Code of Conduct. This Model Code, which is outlined in Schedule 1 of the Local

Government (Governance and Integrity) Regulations 2020, replaces the previous system

where councils developed their own codes.

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The Model Code defines the specific behaviour and conduct standards expected of

Councillors in their official roles, ensuring consistency and clarity across the State. Its

purpose is to establish a clear framework aimed at enhancing Councillor conduct and

promoting accountability. Additionally, councils are required to adopt their own Internal

Resolution Procedure in relation to the Model Code.

Earlier consultation of the Regulations also considered mandatory implementation of a

Councillor Social Media Policy. The final Regulations do not mandate these policies.

Instead, these provisions were strengthened within the Model Code itself. However, in

alignment with best practice, it is considered appropriate that Council considers adoption

of a Councillor Social Media Policy.

Additionally, the Councillor Occupational Health and Safety Policy has been developed to

outline Councillor’s responsibilities under the Occupational Health and Safety Act 2004

and Occupational Health and Safety Regulations 2017 and to set out Councillor’s and the

organisation’s obligations in respect of occupational health and safety.

Matters for Consideration

1. Model Code of Conduct

The Model Code of Conduct is now prescribed under Local Government Regulations,

providing a standardised framework for ethical and accountable Councillor behaviour. A

review of Council’s previous Councillor Code of Conduct has been undertaken to assure

that information contained in the previous Code is adequately reflected in the current

Model Code or any other Council policy as detailed in the ‘ready reckoner’ below and in

Attachment 2

. Note, there is no intent on duplicating any material contained in existing

policy or legislation.

The attached ready reckoner outlines where content from the Councillor Code of Conduct

is adequately covered in other documents (comments in red), and where useful content

may need to be retained (comments in green). In summary most of the content is

covered in legislation or existing policy, except for:

•

The express statement of Councillor’s commitment, which is not a requirement

(s1.3);

•

Commentary on binding caucus votes (s4.1), interactions with Members of

Parliament (s6.3) and meetings with planning permit applicants (s6.4). These

are recommended to be updated in the Public Transparency Policy.

•

Commentary on representation at Civic Events, Functions and Delegations and

representation protocols (s8.9). This content could be moved to the Media and

Spokesperson Protocol.

•

Use of the Mayoral Chain (s8.10). This will be covered by an internal procedure.

2. Internal Dispute Resolution Procedure

The

2020 (the Act), under sections 139 and 140 prescribes that

councils must adopt an Internal Dispute Resolution Procedure that deals with breaches of

the Model Code of Conduct.

The Procedure developed

(Attachment 3)

aligns with the Act and supports constructive

resolution of disputes between Councillors. The process emphasises conciliation and

collaboration, reducing disruption and fostering effective working relationships.

This Procedure encourages Councillors to resolve disputes informally where possible. It

sets out a clear, staged process for handling complaints, including direct discussion,

conciliation, and, if necessary, escalation to arbitration (external process). The process

detailed in the Procedure largely follows the process contained in the previous Councillor

Code of Conduct.

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The Procedure operates alongside, and does not replace, the formal dispute resolution

procedures outlined in the Act. The formal dispute resolution procedure applies to

misconduct, serious misconduct and gross misconduct. Section 141 of the Act provides

for an internal arbitration process concerning a breach of the Standards of Conduct set

out in the Model Councillor Code of Conduct.

3. Councillor Social Media Policy

The Councillor Social Media Policy provides guidance for Councillors on responsible use of

social media to engage effectively with the community while minimising risks such as

legal liability, confidentiality breaches, and misinformation. It aligns with the Model

Councillor Code of Conduct.

As per Local Government Victoria’s “Guidance on the Model Councillor Code of Conduct

October 2024”, the policy has been developed “to avoid breaching the Model Code of

Conduct, Councillors should act consistently with any social media or communications

policies or protocols that their own Council has developed to guide the responsible use of

social media by Councillors.”

This policy highlights the benefits and risks of social media for Councillors. It provides

guidelines on responsible use, protecting Councillors from legal risks, and promoting

transparency and engagement with the community. Councillors are encouraged to use

social media to foster trust but must do so in line with the Model Councillor Code of

Conduct.

The policy also highlights:

•

Councillors who opt to use social media must ensure their actions align with

governance principles, avoid discrediting the council, and manage their

platforms responsibly.

•

Councillors retain the right to express personal views but must not post content

that breaches the Model Code of Conduct or the law.

•

Councillors are to take steps to moderate or remove inappropriate content from

their platforms to maintain a constructive environment.

•

It includes guidelines for Councillors to clarify their personal views versus council

representation on social media.

•

Scenarios and examples are provided to illustrate proper conduct, helping

Councillors navigate specific challenges.

•

Social media content created by Councillors is not considered a public record,

but care should be taken to comply with privacy and confidentiality

requirements.

4. Councillor Occupational Health and Safety Policy

This policy outlines Council's commitment to maintaining a safe environment for

Councillors, addressing physical and psychological health, and ensuring compliance with

the Occupational Health and Safety Act 2004 (OHS Act). It promotes proactive safety

management and Councillor wellbeing.

This policy ensures Councillors understand their health and safety responsibilities under

the OHS Act. It covers physical and psychological safety and provides processes for

reporting hazards and incidents. It also promotes a proactive culture of safety, including

access to mental health and wellbeing support. The policy has been developed in

recognition that Councillors have role to play in supporting the CEO in meeting

obligations to Councillors and staff under the OHS Act and associated Regulations.

5. Model Governance Rules and Transparency Policy

In 2023, IBAC published the Operation Sandon Special Report, which investigated claims

of corruption involving Councillors and property developers at Casey City Council. The

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report made 18 recommendations to the Minister for Local Government to strengthen

public trust in council decision making. Seven of these recommendations have already

been implemented through updates to the Local Government Act 2020 and the Local

Government (Governance and Integrity) Regulations 2020.

To address the remaining recommendations, Local Government Victoria has initiated

work to develop and introduce Model Governance Rules to promote best practice council

meeting procedures and a Model Transparency Policy to promote council openness and

transparency.

A Local Government Steering Committee, including representatives from peak bodies

and council groups, has been established to oversee and guide this initiative. Councils

across the state will have the chance to participate in consultations throughout 2025.

Local Government Victoria is working towards having the Model Public Transparency

Policy published by July 2025 and the Model Governance Rules published by December

2025. As such, previously scheduled reviews of Council’s Governance Rules and Public

Transparency Policy will no longer be conducted at this time. Council officers, in

discussion with Council, will, however, engage with Local Government Victoria's

consultation process to ensure our needs are reflected in these Statewide models.

Resource And Risk Implications

There are no resource implications resulting from this report.

Community:

Failure to keep our governance policies up to date can signal a lack of care

and attention to our governance obligations and erode public trust.

Regulatory:

Failure to update governance policies can result in key guidance material

about our governance obligations not being clear, current and lawful. There are no

Environmental, Financial or Safety impacts.

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 strive to enhance services and

liveability for the Brimbank community.

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

conflicts of interests to declare.

Resolution

Moved Cr Maria Kerr/Seconded Cr Virginia Tachos

That Council:

a. Notes the Model Code of Conduct as prescribed by the Local Government

Regulations in Attachment 1.

b. Notes the ‘ready reckoner’ in relation to Council’s Councillor Code of

Conduct in Attachment 2 and endorses the recommendations contained

in it on the transfer of relevant content to other policy documents.

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c. Adopts the Internal Dispute Resolution Procedure as outlined in

Attachment 3.

d. Adopts the Councillor Social Media Policy as outlined in Attachment 4.

e. Adopts the Councillor Occupational Health and Safety Policy as outlined

in Attachment 5.

f. Notes the update in relation the development Model Governance Rules

and a Model Transparency Policy.

CARRIED

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12.7

50 Year Anniversary Of Vietnamese Community's Settlement In Australia

12.7

50 Year Anniversary of Vietnamese Community's

Settlement in Australia

Directorate

Community Wellbeing

Director

Lynley Dumble

Manager

Elyse Rider

Attachment(s)

1. Proposed Community Led Festivities to Celebrate 50 Year

Vietnam Events 2025 [

12.7.1

- 3 pages]

Purpose

For Council to receive a report on opportunities for the Vietnamese community to

commemorate the 50-year settlement anniversary.

Officer Recommendation

That Council:

a. Notes the opportunities for the Vietnamese community to commemorate the 50-

year settlement anniversary.

b. Notes the support and contribution Council is making through Community Grants

Program.

Background

At a Council meeting held on the 20 August 2024, Council resolved to:

Council officers have been engaging with members of the Vietnamese community, to

better understand their priorities and expectations for commemorating the 50-year

anniversary of Vietnamese settlement in Australia and how Council can support these

efforts. A diverse range of community-led celebrations are being proposed that will align

with this significant milestone

(refer Attachment 1)

.

While not directly delivering events or activities, Council is keen to amplify and support

the efforts of Vietnamese organisations who are leading the festivities. This also offers a

unique opportunity for the broader community to reflect on our shared values of

diversity, inclusivity and unity. By doing so, Council can honour the collective

leadership, determination and vision of the community in marking this significant

occasion.

Matters for Consideration

The Brimbank municipality prides itself as home to one of the largest Vietnamese

communities in Australia. A significant portion of this vibrant community arrived during

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the first wave of migration in the mid-1970s, fleeing conflict and seeking new

opportunities. This wave marked the beginning of an enduring contribution to Australia’s

cultural and social fabric, with 2025 representing the 50th year of Vietnamese settlement

in Australia.

Now constituting 17% of Brimbank’s population, the Vietnamese community are actively

participating in the workforce and pursuing entrepreneurship and education. They have

made substantial economic contributions, creating support networks, language schools,

and cultural organisations that play crucial roles in preserving Vietnamese heritage and

sharing it with their fellow Australians. Their stories exemplify the power of resilience,

adaptation and cultural exchange.

Vietnamese culture has become an integral part of Australia’s multicultural identity,

contributing to the arts, cuisine, festivals, and traditions of bustling markets,

restaurants, and cultural events.

Council recognises and deeply values the Vietnamese community’s contributions to

Australia, particularly in Brimbank. This milestone provides an opportunity to reflect on

the resilience, cultural heritage and achievements of the community across many

generations. It also provides an opportunity to create dialogue around racial unity,

shared cultural contributions and social cohesion.

Acknowledgement and recognition of 50 years of Vietnamese Community’s

Settlement

Council recognises that Vietnamese organisations are already proactively exploring ways

to celebrate the 50th anniversary of Vietnamese settlement in Australia. The support

provided by Council aims to complement community-led efforts, ensuring the milestone

is celebrated for the community, by the community, in a way that reflects its significance

and is a pivotal moment to foster unity.

The following community-led celebratory events are funded through the 2024/2025

Brimbank Community Grants Program:

Lead Organisation Event

Venue

Date

VCA - Vic Chapter Inc 50 Years Preservation of Culture &

Traditions & Hung Kings

Commemoration Ceremony

Vietnamese Cultural

and Heritage Centre

7/04

Vietnamese Families

with Special Needs Inc

Vietnamese Community Event

2025

Isabella Williams

Memorial Reserve

25 /04

Vietnamese 50 up Club

Inc

Mid-Autumn Festival

Sunshine Plaza

Shopping Centre

4/10

Australian Vietnamese

Arts Inc

“Our Brimbank – Half a Century

Home” documentary project

Bowery Theatre

25/10 (tbc)

Bach Viet Dance NFP

Association Inc

The Vibrant Heart of Southern

Vietnam

Bowery Theatre

12/11

In addition, other community-led events are being proposed however they will be

subject to external funding outcomes from the state and federal governments.

The following are other meaningful ways Council is providing support:

Advocacy

Council has actively advocated for state-level support to assist the local Vietnamese

community in commemorating and celebrating the 50th anniversary of their settlement

in Australia. A meeting was held on 23 August 2024 with Council representatives and

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Minister Stitt, Victorian Minister of the Victorian Multicultural Commission, where

discussions focused on securing funding and practical supports. Additionally, a follow-up

letter was sent on 18 September 2024 to reinforce the need for state-level assistance

and the importance of celebrating the milestone.

Grant Support

Council has offered to provide letters of support for grant applications through state and

federal government funding programs on request and raise awareness of grant

opportunities. In addition, staff have also connected organisation representatives with

funding advisors to assist with grant applications. This guidance assists organisations to

navigate the complexities of the funding processes, it improves their understanding of

available opportunities and strengthens their capacity to apply for and manage future

grant opportunities.

Collaboration and Promotion

Council’s role is to facilitate connections with Vietnamese community organisations and

other local networks, businesses and organisations. The opportunity to foster

collaborations encourages resource sharing, promotes visibility to a broader audience

and expands opportunities for engagement. Given the extensive reach these community

organisations already have, this support aims to promote their initiatives through

Council’s existing communication channels.

Council is committed to ensuring that all initiatives support the principles of inclusivity

and respect for cultural diversity. It is important that the support provided reflects the

true spirit of this milestone, focusing on shared values and empowering the community

to lead and celebrate in their own way.

Community Engagement

The approaches outlined in this report have been developed following consultations with

Council departments, local Vietnamese community organisations and funding agencies.

Resource And Risk Implications

There are no community, environment, financial, regulatory or safety implications

identified at this point as the report highlights ways in which Council provides support to

the Vietnamese community rather than hosting a specific event.

Legislation/Council Plan/Policy Context

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

People and Community

- A welcoming, safe and supported community – an inclusive

place for all

This report complies with Brimbank City Council's Social Justice Charter and the

Brimbank Settlement Action Plan by advancing inclusive practices that ensure all

community members, including newly arrived residents, have equitable access to

opportunities and support. It reflects Council's commitment to fostering a fair and

diverse community, promoting active participation and positive settlement outcomes.

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

conflicts of interests to declare.

Resolution

Moved Cr Duyen Anh Pham/Seconded Cr Kim Thien Truong

That Council:

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a. Notes the opportunities for the Vietnamese community to commemorate

the 50-year settlement anniversary.

b. Notes the support and contribution Council is making through

Community Grants Program.

CARRIED

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13 Notices Of Motion

Nil.

14 Notices Of Rescission

Nil.

15 Urgent Business

Nil.

16 Confidential Business

Resolution

Moved Cr Virginia Tachos/ Seconded Cr Kim Thien Truong

That, in accordance with sections 3(1) and 66(2)(a) of the

, the meeting be closed to members of the public for the

remaining of the meeting for the consideration of Confidential Report 16.1

which is classified as confidential as it relates to Council business information,

being information that would prejudice Council’s position in commercial

negotiations if prematurely released (s 3(1)(a) of the Local Government Act

2020), and is the last item for consideration at the meeting.

CARRIED