Meeting 1 September 2020 requirements - Delegated Committees and Community Asset Committees guidelines and FAQs

In order to provide support to councils to achieve the requirements due for implementation by 1 September 2020, Local Government Victoria, in addition to the co-design process has provided a draft Delegated Committees and Community Asset Committees guidelines for councils to use as well as a frequently asked questions and answers document with example of the types of committees that can be developed.
Committees FAQs
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Draft Delegated Committees and Community Asset Committees guidelines
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Document updates:

  • 1 June 2020 – updated to specify that councils establish and appoint members to community asset committees.

Our key motivation is to support the sector with the opportunity to lead the implementation and determine - through co-design processes – the products and materials that best meet your needs.

The approach of co-design was presented in the first workshops:

  • Identification of ideas - complete
  • Agreement of the product/s to be developed
  • Establish the approach to develop product/s
  • Customer testing and feedback
  • Refinement and finalisation
  • Publication

Achieving good practice for delegated committees and community asset committees

The Local Government Act 2020 (Act 2020) s.63. Delegated Committees requires that the committee must be chaired by either a Councillor or the Mayor. Delegated Committees by the definition in s.3 is a committee exercising any power of a council under this Act. The Act 2020 in s.65 Community Asset Committee allows a council to establish a committee for the purpose of managing a community asset. These committees receive delegation from the Chief Executive Officer and do not have a requirement to be chaired by a Councillor or Mayor. It is important to understand the status and requirements of each committee to decide if a committee is to be a Delegated Committee or a Community Asset Committee. From the online workshop, we have taken your ideas and developed the following themes:

Guidelines – general comments

•High level guideline document for each committee type

•Handbook for committee members, including how to manual for the chair of the committee as well as for Governance staff supporting the committee

•Standardised committee policy for sector

•Guidance of when a delegated committee v an asset committee would be preferred

•guidance for online meetings versus in person attendance

•Advice on which committee structure is appropriate for particular committees (e.g. those managing a reserve)

•Requirements of each type of committee so that Council can work with existing committees to transition them or move them across to something completely different- incorporation etc

•Managing governance regarding compliance with committees

•Mandate a minimum review period to ensure committees stay relevant to their purpose

•Cash handling procedures for committee

•Consistent and Clear roles and responsibilities together with committee structure, governance, management

•Ask the community to evaluate the effectiveness of the committee

Guidelines – best practice/models

•Model Terms of Reference

•Models for delegated committees versus advisory committees.

•Model Deeds of Delegation / resolutions

•Model documents for Community-Asset-Committee Charter, Annual-Return, Business-Plan, Conflict-of-Interest policy, Dispute-resolution policy, Code-of-Conduct, Code-of-Conduct-including-gifts and Dispute-Resolution

•Sharing best practice from existing committees

•Examples of best practice copies of documents in the library and people we can speak to if there are any questions

•Build on existing tools and guidance materials.

•what audit processes you should put into for these committees

Ideas for developing guidelines or tools

•small working group of sector members, not just governance staff, to work through the practicalities of this

Guidelines – Membership of Committees

•Transition processes to keep the community members and volunteers supported

•Agreed maximum terms for membership.

•diversity within committees is essential

•responsibilities and standards of behaviour by committee members so it is effective and respectful of all

•Clear advice/guidance onconflicts of interest especially for community members

•Guidance on best practice for accessible meetings and information sharing- ensure access for people withe disability, or those with barriers to access

•Recruitment process for committees members - maybe include PD's

•gender equity and equality are important

•simplified process for people to become a member of the committee

•Minimum standards for advertising committee memberships and fair recruitment processes

•Ensuring committees are representative

Guidelines – Reporting

•Confirmation of reporting requirements and templates for operating standards

•What reporting is required for CAC acquittals etc

•What are the standard reporting requirements of Asset Committees - frequency, detail required etc

•Template for delegation of both different committees

•Governance manual templates; templates for Terms of Reference for each type of committee etc.

•Standard templates for instruments and terms of reference

•Template for CEOs annual report to Council for a community asset committee?

•Best practice templates and processes; review processes; reporting to Council etc; Annual Award process for the best in class; what might self assessment look like?

•Sample delegation instruments

•Templates and guidance on transition/difference between committees

•Template documentation to establish committees - Council Report wording; instrument of delegation wording; committee process and procedural template wording

  • Centralised Governance Training for Members
  • Training presentation templates for Community Asset Communities that councils can deliver.
  • Training and conflict of interest disclosure templates
  • Training templates on appropriate standards of behaviour for members of a delegated committee or community asset committee
  • Training and info materials for members
  • Clarification on legal structure, ohs, financial structure etc
  • Advice on how a Community Asset Committee can function in a shared facility, eg joint Council & DELWP Committees to avoid duplication.
  • Legal options and information for not having Community Asset Committees.
  • Understanding if the Asset Committees can have delegated financial arrangements and are these subject to our procurement requirements
  • Clarity on insurance coverage
  • does this section apply to committees other than s86 committees for eg: just advisory but not under s86 or committees supported by a FASA
  • How will this impact funding agreements?
  • Can they both have Financial delegations?
  • Are there to be positions of President, Secretary and Treasurer for the Community Asset Committee?
  • Can community asset committees operate bank accounts:/ council funds?
  • Could there be one committee with reps from each asset?
  • How do these delegated committees and community asset committees, sit alongside the Advisory Committees.Often the Advisory Committees have a strong role in co -design and engagement processes
  • What is the formal status of the Audit and Risk Committee?

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Annette Waters

Legislation Implementation

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