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C DRAFT LOWER OXLEY CREEK SOUTH NEIGHBOURHOOD PLAN (SUSTAINABLE PLANNING ACT 2009)


152/160/516/159

494/2010-11

46. The Divisional Manager, City Planning and Sustainability, provides the following information.


47. Approval is sought to propose an amendment to the Brisbane City Plan 2000 to include a local plan for Lower Oxley Creek South, which includes parts of the suburbs of Forest Lake, Heathwood, Larapinta, Pallara and Parkinson, and then refer the draft plan to the Minister for a State interest review and subsequently undertake public consultation. A Council resolution is required pursuant to Statutory Guideline 02/09 made under the Sustainable Planning Act 2009.


48. A copy of the draft Lower Oxley Creek South Neighbourhood Plan is set out at Attachment “B”; a map of the proposed Lower Oxley Creek South Neighbourhood Plan study area is set out at Attachment “C”; the consequential amendments at Attachment “D”; and further relevant amendments (changes to area classifications) relating to various sites in the plan area at Attachment “E”. Attachments “B”, “C”, “D” and “E” are all submitted on file.


49. The Lower Oxley Creek study area contains 3200 hectares and is situated between Oxley Creek to the east and Blunder Creek to the west. The northern boundary of the Lower Oxley Creek is the confluence of these creeks and is also the Archerfield Wetlands. The southern border of the study area is Johnson Road and this also represents the border between the Brisbane and Logan local authority areas.


50. Part of the Lower Oxley Creek study area contains a 250-hectare area, known as Paradise Wetlands. The draft Paradise Wetlands Neighbourhood Plan has been prepared and was considered by Council in June 2009. Issues raised on 20 August 2009 during the first State interest check stage are yet to be fully resolved, including the appropriate buffer distance between the Ace Waste biomedical waste incinerator and proposed future sensitive land uses. The Ace Waste facility is located immediately outside the Paradise Wetlands Neighbourhood Plan area and within the Lower Oxley Creek Neighbourhood Plan area.


51. On 4 August 2009, pursuant to Section 1(1) of Schedule 1 of the Integrated Planning Act 1997, Council resolved to prepare a neighbourhood plan for the balance of the Lower Oxley Creek area. However, due to the Ace Waste issue referenced above in the context of the Paradise Wetlands Neighbourhood Plan, progression of the Lower Oxley Creek Neighbourhood Plan has been delayed.


52. To avoid further delays and progress the Lower Oxley Creek Neighbourhood Plan, the areas have been divided into two: Lower Oxley Creek South Neighbourhood Plan and Lower Oxley Creek North Neighbourhood Plan. Lower Oxley Creek South Neighbourhood Plan represents an area in excess of one kilometre from the Ace Waste incinerator and can therefore be progressed without requiring resolution of the required buffer distance. Lower Oxley Creek North Neighbourhood Plan area represents the remainder of the initial Lower Oxley Creek Neighbourhood Plan area, including areas potentially impacted by the Ace Waste facility, and Council will not commence planning work until the SIMTARS (the Safety in Mines Testing and Research Station) report has been delivered.


53. The current draft Lower Oxley Creek Neighbourhood Plan is proposed to be replaced by this proposal for the Lower Oxley Creek South Neighbourhood Plan and the Lower Oxley Creek North Neighbourhood Plan.


54. Should Council resolve to propose the Lower Oxley Creek South Neighbourhood Plan, it will be referred to the Minister for first State interest review pursuant to Statutory Guideline 02/09 made under the Sustainable Planning Act. Once the Minister’s approval is received, proposed amendments may then proceed to public consultation.


Implications of proposal


55. The neighbourhood plan will help manage the pressures of population and economic growth and ensure the local communities have a strong say on how the amenity, character and lifestyle of these areas will be maintained in the future. The Neighbourhood Plan will also assist with the identification of those initiatives necessary to meet the communities’ needs.


Environmental impact


56. Implementation of the draft Lower Oxley Creek South Neighbourhood Plan will enhance Council’s ability to achieve improved environmental outcomes for the Oxley Creek and Blunder Creek systems, particularly by protecting creek corridors and environmental corridors linking both creeks.


Financial impact


57. Funding for the preparation of the Lower Oxley Creek South Neighbourhood Plan (formerly part of the Lower Oxley Creek Neighbourhood Plan) has been provided in Council’s 2010-11 budget.


58. Approval is now sought to commence the statutory process to amend Brisbane City Plan 2000 to include the Lower Oxley Creek South Neighbourhood Plan, together with consequential and further relevant amendments, as set out in the draft resolution at Attachment “A”, hereunder. The Divisional Manager recommends accordingly and the Committee agrees.


59. RECOMMENDATION:


THAT COUNCIL APPROVE THE DRAFT RESOLUTION SET OUT AT ATTACHMENT “A”, HEREUNDER.


Draft Resolution

Attachment “A”


RESOLUTION:THAT COUNCIL RESOLVE THAT—


1. Pursuant to Section 1.1 of Stage 1 of Part 1 of the Statutory Guideline 02/09 Making or Amending Local Planning Instruments (the Guideline) made under the Sustainable Planning Act 2009, Council proposes to prepare amendments to the Brisbane City Plan 2000 (the Planning Scheme) by preparing a local plan for the Lower Oxley Creek area entitled the “Lower Oxley Creek South Neighbourhood Plan.”


2. COUNCIL, pursuant to Section 3.1 of Step 3 of Stage 1 of Part 1 of the Guideline, PROPOSES AN AMENDMENT OF THE PLANNING SCHEME BY INCLUDING A DRAFT LOCAL PLAN ENTITLED THE “LOWER OXLEY CREEK SOUTH NEIGHBOURHOOD PLAN”, as set out at Attachment “B” (submitted on file), and further consequential amendments to the Planning Scheme as set out at Attachment “C” (proposed amendments), submitted on file.


3. Council, pursuant to Section 3.2 (a) of Step 3 of Stage 1 of Part 1 of the Guideline directs that the Minister be sent a copy of the proposed amendments requesting:

(a) a first State interest review of the proposed amendments

(b) the Minister’s agreement to publicly notify the proposed amendments.

ADOPTED

D DRAFT MILTON STATION NEIGHBOURHOOD PLAN (INTEGRATED PLANNING ACT 1997)


152/160/881/58

495/2010-11

60. The Divisional Manager, City Planning and Sustainability, provides the following information.


61. Approval is sought to adopt the draft Milton Station Neighbourhood Plan together with supporting amendments. A Council resolution is required in accordance with Section 19 (1) of Schedule 1 of the Integrated Planning Act 1997.


62. The State Government’s South East Queensland Regional Plan requires Council to plan for 156,000 new dwellings by 2031. The Regional Plan specifically nominates Milton for infill development.


63. At its meeting of 26 May 2009, Council resolved to prepare an amendment to the Brisbane City Plan 2000 (City Plan). It was suggested that the amendment would include a local plan for the Milton Station area to be called the “Milton Station Neighbourhood Plan”. A copy of the draft neighbourhood plan and the supporting amendments are set out at Attachments B and C, submitted on file.


64. The Milton Station Neighbourhood Plan was submitted to the Minister for consideration of State interests. The State requested minor changes to the neighbourhood plan and provided a letter from the Minister advising Council that it could publicly exhibit the neighbourhood plan.


65. The draft Milton Station Neighbourhood Plan was publicly exhibited from 9 October to 27 November 2009. At its meeting of 2 March 2010, Council resolved to significantly amend the neighbourhood plan to include the new commercial precinct, and to recommence public exhibition.


66. Council exhibited the amended Milton Station Neighbourhood Plan from 12 March to 30 April 2010. During the second period of public exhibition Council received 1324 properly made submissions.


67. At its meeting of 3 August 2010 Council resolved to amend the neighbourhood plan and proceed to the second State interest review. On 29 November 2010, Council received a letter from the Minister permitting Council to adopt the draft Milton Station Neighbourhood Plan (Attachment D, submitted on file, refers).


Implications of proposal


68. The neighbourhood plan will help manage the pressures of population growth and ensure residents have a strong say in how future growth is accommodated. It will assist in meeting growth targets set in the South East Queensland Regional Plan and meeting the outcomes of the Strategic Plan contained within the Brisbane City Plan 2000.


Customer impact


69. The neighbourhood plan will provide clear guidance and certainty regarding the density and design of future development in the Milton Station area. The local landowners and businesses are likely to support the proposed Milton Station Neighbourhood Plan given the significant community engagement activities undertaken in the Milton Station area. However some residents from the surrounding suburbs are concerned about the growth proposed in the neighbourhood plan.


70. Approval is now sought to adopt the draft Milton Station Neighbourhood Plan as set out in the draft resolution at Attachment “A”, hereunder. The Divisional Manager recommends accordingly the Committee agrees.


71. RECOMMENDATION:


THAT COUNCIL ADOPT THE DRAFT MILTON STATION NEIGHBOURHOOD PLAN AS SET OUT IN THE DRAFT RESOLUTION AT ATTACHMENT “A”, HEREUNDER.


Draft Resolution

Attachment “A’’


THAT COUNCIL RESOLVE THAT—


1. Council, on 3 August 2010, pursuant to Section 16 of Schedule 1 of the Integrated Planning Act 1997 (IPA) resolved to proceed with the proposed amendments to Brisbane City Plan 2000 to include a local plan entitled “Milton Station Neighbourhood Plan”, as set out in Attachment B (submitted on file), and the consequential and supporting amendments set out in Attachment C (submitted on file).


2. a copy of the proposed amendments were given to the Minister for consideration of State interests and by letter dated 29 November 2010 (Attachment D, submitted on file) the Minister advised Council that it could adopt the proposed amendments set out in Attachments B and C.


3. COUNCIL, pursuant to Section 19(1) of Schedule 1 of IPA RESOLVES TO ADOPT THE PROPOSED AMENDMENTS set out in Attachments B and C, such amendments to become effective on and from 1 January 2011.


4. The Council directs:

(a) That public notice of the adoption of the amendments set out in Attachments B and C be carried out in accordance with the requirements of Section 20 of Schedule 1 of IPA; and

(b) That the Chief Executive be given a copy of the public notice of adoption and the amendments set out in Attachments B and C in accordance with Section 21 of Schedule 1 of IPA.

ADOPTED


E ADOPTION OF THE NEWSTEAD AND TENERIFFE WATERFRONT NEIGHBOURHOOD PLAN (INTEGRATED PLANNING ACT 1997)



152/160/881/165

496/2010-11

72. The Divisional Manager, City Planning and Sustainability, provides the following information.


73. Approval is sought t


o adopt the draft Newstead and Teneriffe Waterfront Neighbourhood Plan together with supporting amendments.


A resolution is required in accordance with Section 19(1) of Schedule 1 of the Integrated Planning Act 1997


.




















74.


The State Government’s South East Queensland Regional Plan requires Council to plan for 156,000 new dwellings by 2031. The Regional Plan specifically nominates Newstead Riverpark for infill development.


75. At its meeting on 1 December 2009 Council proposed an amendment to the Brisbane City Plan 2000 (City Plan) in the form of amendments to the Newstead and Teneriffe Waterfront Local Plan. The renamed Newstead and Teneriffe Waterfront Neighbourhood Plan (draft neighbourhood plan), set out at Attachment “B” (submitted on file) was submitted to the Minister for consideration of State interests. The State provided a letter from the Minister on 22 March 2010 advising Council that it could publicly exhibit the draft neighbourhood plan (Attachment “E”, submitted on file, refers).


76. The draft neighbourhood plan was publicly exhibited from 26 March to 14 May 2010 in accordance with the Integrated Planning Act 1997. Council received a total of 82 submissions. At its meeting on 17 August 2010, Council resolved to proceed with the draft neighbourhood plan with some modifications in response to submissions. Council forwarded the draft neighbourhood plan to the State for the second interest review, and on 29 November 2010 Council received a letter from the Minister permitting Council to adopt the Newstead and Teneriffe Waterfront Neighbourhood Plan.


77. The consequential amendments are set out at Attachment “C”, submitted on file; and further relevant amendments (changes to area classifications) are set out at Attachment “D”, submitted on file.


78. The Newstead and Teneriffe Waterfront Neighbourhood Plan seeks to continue the successful renewal of the formerly industrial area into a mixed residential, commercial, industrial and recreational area.


Implications of proposal


79. The draft neighbourhood plan will better manage the development pressure for population and employment growth in this area. It will assist in meeting growth targets set in the South East Queensland Regional Plan 2031 as well as the outcomes of the Strategic Plan contained within the Brisbane City Plan 2000.


Customer impact


80. The neighbourhood plan will provide clear guidance and certainty regarding the density and design of future development in the Newstead and Teneriffe Waterfront Neighbourhood Plan area.


81. Approval is now sought to adopt the draft Newstead and Teneriffe Waterfront Neighbourhood Plan as per the resolution at Attachment “A”, hereunder. The Divisional Manager recommends accordingly and the Committee agrees.


82. RECOMMENDATION:


THAT COUNCIL APPROVE THE DRAFT RESOLUTION SET OUT AT ATTACHMENT “A”, HEREUNDER.


Draft Resolution

Attachment “A”


RESOLUTION:THAT COUNCIL RESOLVE THAT—


(1) at its meeting of 1 December 2009, Council, pursuant to Section 9(2) of Schedule 1 of the Integrated Planning Act 1997 (IPA), proposed amendments to the Brisbane City Plan 2000 to amend a local plan entitled the “Newstead and Teneriffe Waterfront Local Plan” together with relevant consequential amendments and changes to the area classifications of particular lots (proposed amendments)

(2) pursuant to Section 9(3) of Schedule 1 of IPA, a copy of the proposed amendments was given to the Minister for consideration of State interests and by letter dated 22 March 2010, the Minister advised Council that it could publicly notify the proposed amendments

(3) such proposed amendments were publicly notified on 26 March 2010 by notice in The Courier-Mail, with the final date for receipt of submissions being 14 May 2010, and 67 properly-made submissions and 15 not properly-made submissions were received (submitted on file and tabled).

(4) at its meeting of 17 August 2010 Council, having considered every properly made submission about the proposed amendments, pursuant to Section 16 of Schedule 1 of IPA, resolved to proceed with the proposed amendments with modifications

(5) a copy of the proposed amendments was given to the Minister for consideration of State interests and by letter received 29 November 2010, (Attachment “E”, submitted on file, refers), the Minister advised Council that it could adopt the proposed amendments with modifications (Attachment “B”, submitted on file, refers);

(6) COUNCIL, pursuant to Section 19(1) of Schedule 1 of IPA, RESOLVES TO ADOPT THE PROPOSED AMENDMENTS WITH MODIFICATIONS as set out in Attachment “B” AND THE CONSEQUENTIAL AMENDMENTS AND CHANGES TO THE AREA CLASSIFICATIONS of particular lots, as set out at Attachments “C” and “D” (submitted on file).

(7) Council directs that all necessary actions to complete the statutory planning scheme amendment process, required pursuant to Sections 20 and 21 of Schedule 1 of IPA, be undertaken.

ADOPTED


F UTILISATION OF THE GABBA WARD PARKS TRUST FUND TO INSTALL DOG AGILITY EQUIPMENT IN WEMBLEY PARK, COORPAROO


352/77

497/2010-11

83. The Divisional Manager, City Planning and Sustainability, provides the following information.


84. Approval is sought to allocate funds from The Gabba Ward Parks Trust Fund to install dog agility equipment in Wembley Park, Coorparoo.


85. A request from residents, to install dog agility equipment in Wembley Park, Coorparoo, was received by the Lord Mayor. Investigations of this request were carried out in consultation with regional parks officers. Findings were presented to the Parks Upgrade Taskforce for consideration. The request was deemed to have merit.


86. Support for this project was sought via memoranda from Councillor Abrahams, Councillor for The Gabba Ward.


87. In accordance with Council’s Policy OS06—Parks Contribution Trust Funds, full Council has the authority to approve expenditure on park capital improvements from the Ward Parks Trust Funds.


Financial impact


88. A sum of $3500 will be allocated from the The Gabba Ward Parks Trust Fund to install dog agility equipment in Wembley Park, Coorparoo.


89. Approval is now sought to allocate funds from The Gabba Ward Parks Trust Fund to install dog agility equipment in Wembley Park, Coorparoo. The Divisional Manager recommends accordingly and the Committee agrees.


90. RECOMMENDATION:


THAT COUNCIL APPROVE THE ALLOCATION OF $3500 FROM THE GABBA WARD PARKS TRUST FUND TO INSTALL DOG AGILITY EQUIPMENT IN WEMBLEY PARK, COORPAROO.

ADOPTED

G UTILISATION OF THE TENNYSON WARD PARKS TRUST FUND TO INSTALL PARK BENCHES IN HYDE ROAD PARK, YERONGA


352/77

498/2010-11

91. The Divisional Manager, City Planning and Sustainability, provides the following information.


92. Approval is sought to utilise the Tennyson Ward Parks Trust Fund to install park benches in Hyde Road Park, Yeronga.


93. A request from residents, to install park benches in Hyde Road Park, Yeronga, was received by the Lord Mayor. An investigation of this request was carried out in consultation with regional parks officers. The findings were presented to the Parks Upgrade Taskforce for consideration and the request was deemed to have merit.


94. Support for this project was sought via memorandum from Councillor Johnston, Councillor for Tennyson Ward.


95. In accordance with Council’s Policy OS06 – Parks Contribution Trust Funds, full Council has the authority to approve expenditure on park capital improvements from the Ward Parks Trust Funds.


Financial impact


96. Up to $4500 will be allocated from the Tennyson Ward Parks Trust Fund to install park benches in Hyde Road Park, Yeronga.


97. Approval is now sought to utilise the Tennyson Ward Parks Trust Fund to install park benches in Hyde Road Park, Yeronga. The Divisional Manager recommends accordingly and the Committee agrees.


98. RECOMMENDATION:


THAT COUNCIL APPROVE THE EXPENDITURE OF FUNDS UP TO $4,500 FROM THE TENNYSON WARD PARKS TRUST FUND, TO INSTALL PARK BENCHES IN HYDE ROAD PARK, YERONGA.

ADOPTED

H APPROVAL OF INSPECTION OF RECORDS BY COUNCILLORS POLICY


109/268/189/3

499/2010-11

99. The Chief Executive Officer provides the following information.


100. Approval is sought for the “AP040 Inspection of Records by Councillors Policy” (set out at Attachment A, hereunder).


101. Section 172 of the City of Brisbane Act 2010 states that a councillor may view, make a copy of or take an extract from Council records. “AP040 Inspection of Records by Councillors Policy” has been developed to ensure Council’s compliance with this section of the Act. It will replace “AP040 Councillor Access to Records and Information Procedure” (set out at Attachment B, submitted on file), which was originally endorsed by the Establishment and Coordination Committee on 21 April 1987.


102. In support of the new policy, the Chief Executive Officer will prepare a new procedure, “AP041 Councillor Access to Records Procedure”, which will be considered and endorsed by the Executive Management Team in the near future.

Implications of proposal


103. Approval of the new policy will create a policy and procedural framework for managing councillor requests for information and records.


104. Approval is now sought for the new “AP040 Inspection of Records by Councillors Policy” as set out at Attachment A, hereunder. The Chief Executive Officer recommends accordingly and the Committee agrees.


105. RECOMMENDATION:


THAT COUNCIL APPROVE THE “AP040 INSPECTION OF RECORDS BY COUNCILLORS POLICY” AT ATTACHMENT A, HEREUNDER.


Attachment A

AP040 Inspection of Records by Councillors Policy (new)


Overview

A Councillor may view and make a copy of or take an extract from Council records.


This policy should be read in conjunction with AP041 Inspection of Records by Councillors Procedure.


Applicability

This policy applies only to requests by Councillors, in accordance with Section 172 of the City of Brisbane Act 2010, to inspect Council records.

Other requests for help and advice by councillors are covered in Council’s Acceptable Requests Guidelines and/or the Advice Guidelines.


Definitions

Council records include documents created by or kept by the Council about its operations, whether or not the records must be available to be viewed by the public.


The following records are excluded from inspection by Councillors:


- the record of the BCC (Brisbane City Councillor) Councillor conduct review panel

- a record that would be privileged from production in a legal proceeding on the ground of legal professional privilege

- a record of a statutory committee of Council where the requesting Councillor is not a member of the statutory committee of Council

- other record where:

    • disclosure of the record would be contrary to an order of a court of tribunal; or

    • release of the record could endanger the security of the assets of the Council or the public.


Principles

This policy is based on the following principles:


- Council is committed to transparent and open governance processes and will provide Councillors with appropriate access to records.

- Councillors must not use information that was acquired as a councillor to:

a) gain, directly or indirectly, a financial advantage for the person or someone else; or

b) cause detriment to Council.


Policy

1. Councillors may view and request a copy of, or take an extract from Council records.


2. Such records will be provided for inspection by a councillor on the relevant Council subject matter file.


3. The only exception to this is where no relevant Council hard copy subject matter file exists and since commencement the record has been stored electronically in TRIM.


4. Upon request, one copy of the record will be provided.


5. All requests for records will be managed by the Operations Manager, Information Management.


6. In the case of a dispute or complaint in relation to access to Council records, the Executive Manager, Chief Executive’s Office, will be responsible for the resolution process.


7. Where the record is unable to be immediately accessed due to a File in Action process, the councillor will be advised and provided with an estimated access time.


8. Where a search is made and the requested record is unable to be located, a councillor may request a supplementary search for the record.


9. Councillor requests for records will be processed as a priority.


10. Where councillor requests are large, time-consuming and have the capacity to displace normal operational workload of the work unit, it may be necessary for the councillor to refine their request to a level which will allow completion within normal work arrangements.


11. Responsibility for such decisions rest with the Operations Manager, Information Management, in consultation with the Executive Manager, Chief Executive’s Office. The Operations Manager will notify the councillor of this decision.


12. If the Councillor does not wish to refine their request to view records, the Operations Manager, Information Management, in consultation with the Executive Manager, Office of the Chief Executive, may request the councillor to lodge their request as a Question on Notice (QON) or a Right to Information (RTI) Application.


13. Requests for records that require additional research or data will be managed under the Acceptable Request and Advice Guidelines.


14. The procedures for implementation of this policy are found at AP041 Inspection of Records by Councillors Procedure.


Authority

Council


Policy owner

Executive Manager, Chief Executive’s Office (EMCEO), Office of the Lord Mayor and the Chief Executive Officer


Further assistance

Operations Manager Information Management, Information Services Branch


Related information

AP041 Inspection of Records by Councillors Procedure

AP173 Release of Market Research Reports to Council Libraries

City of Brisbane Act 2010

Acceptable Request Guidelines

Advice Guidelines.

Review date

24 months from approval

ADOPTED

I ADOPTION OF THE ADVICE GUIDELINES AND ACCEPTABLE REQUEST GUIDELINES


137/268/370/2

500/2010-11

106. The Chief Executive Officer provides the following information.


107. Approval is sought for the adoption of the Advice Guidelines and Acceptable Request Guidelines. A resolution is required under the City of Brisbane Act 2010.


108. By virtue of Section 171 of the City of Brisbane Act 2010, councillors have been given the statutory right to:

(a) request a Council officer to provide advice to help them make a decision

(b) request information from the Chief Executive Officer about information relevant to their ward.


109. Council is required to adopt processes and procedures to regulate appropriately the exercise of that statutory right. It does so by way of advice guidelines in the case of (a) and acceptable requests guidelines in respect of both (a) and (b).


110. Under Section 244 of the City of Brisbane Act 2010, these guidelines must:

(i) apply equally to all councillors

(ii) state in full all relevant considerations to be considered in dealing with a request

(iii) include a requirement for the provision of reasons if a request is refused

(iv) not allow the relevant considerations to be discretionary.


111. The draft Advice Guidelines are set out at Attachment “A”, hereunder; the draft Acceptable Requests Guidelines are set out at Attachment “B”, hereunder.


112. These guidelines set the ground rules by which compliance with councillor requests is to be actioned.


113. The guidelines recognise that requests about routine matters can be dealt with at officer level while also recognising that any request that is not routine, and/or potentially requires significant costs in time and resources to comply with, can be refused if necessary.


114. The Establishment and Coordination Committee (E&C) and the Lord Mayor are both exempted from the application of these guidelines as their roles of coordinating Council business and leading and controlling the business of Council respectively:

(a) are different roles from those of councillors

(b) require them to have complete and unfettered access to Council advice and information.


Implication of proposal


115. Approval of this submission will ensure that Council complies with its obligations to adopt advice and acceptable requests guidelines to ensure that councillor requests are dealt with correctly and appropriately.


116. Approval is now sought for the Advice Guidelines as set out in Attachment “A”, hereunder, and the Acceptable Request Guidelines as set out in Attachment “B”, hereunder. The Chief Executive Officer recommends accordingly and the Committee agrees.


117. RECOMMENDATION:


That Council approve the adoption of the:

(a) Advice Guidelines as set out in Attachment “A”, hereunder

(b) Acceptable Request Guidelines as set out in Attachment “B”, hereunder.


Attachment “A”

Brisbane City Council Advice Guidelines

Section 171 of the City Of Brisbane Act 2010


Overview


1. The purpose of these guidelines is to provide a framework for Council officers dealing with requests by councillors for advice to help the councillor make a decision.


2. These guidelines prescribe the way these requests are to be made.


The Legislation


3. Under Section 171(1) of the City of Brisbane Act 2010, any councillor may request a council officer to provide advice to help them make a decision.


4. That request must under Section 171(4) comply with the Acceptable Requests Guidelines and the Advice Guidelines adopted by Council under Section 171(5) and (6).


5. These Guidelines must be about the way in which a councillor is to request a Council officer for advice to help the councillor to make a decision.


Applicability of Guidelines


6. These guidelines apply to:

(a) all councillors; and

(b) the Chief Executive Officer or his delegate; and

(c) all Council officers.


These Guidelines do not apply to requests by:

(i) the Establishment and Coordination Committee (E&C)

(ii) the Lord Mayor as leader and controller of Council business.


The Advice Guidelines


Making Requests for Advice in order to make a decision


7. A request for advice in relation to a routine issue specific to the requesting councillor’s ward can be made directly to the relevant Council manager who handles the issue that is the subject of the request.


8. All other requests for advice are to be made in writing in accordance with the following guidelines:

(a) they are to be made on the prescribed form and signed by the councillor

(b) the form is to be sent to ceocouncillorrequests@brisbane.qld.gov.au

(c) incomplete forms or forms not signed will be returned to the requesting councillor for rectification

(d) any time frame specified for responding to that request will not commence until the rectified form is received and accepted.


Responding to Requests


9. A request for advice in relation to a routine issue specific to the requesting councillor’s ward is to be responded to in accordance with the following guidelines:

(a) If the provision of that advice will not cause any unacceptable increase in workload or delay in the performance of normal day to day services of Council officers, verbal advice or an email response can be provided immediately or in an appropriate timeframe.

(b) If the guideline above cannot be met, or if the request is not considered to be routine or specific to the requesting councillor’s ward, the councillor is to be asked to put the request in writing in accordance with Clause 8.


  1. All written requests for advice, other than those covered in paragraph 9(a), are to be actioned in accordance with the following guidelines:

(a) Within three business days of receipt at the CEO’s office, they are to be forwarded to the appropriate committee chairman for consideration.

(b) Within five business days, the CEO’s office is to provide the requesting Councillor with:

(i) an acknowledgement of receipt of the request, and

(ii) advice as to which chairman of Council the request has been forwarded to.

(c) the committee chairman considering the request will respond in writing to the requesting councillor in a reasonable time frame at their sole discretion.

(d) If after considering the matter, the Committee Chairman determines another Chairman should respond to the request, the referring Committee Chairman will notify the Councillor of this change in writing.


Reasonable Requests


11. In considering the request, the committee chairman will decide whether the request is reasonable.


12. A reasonable request will meet the following criteria:

(a) The advice sought must be for the purpose of making a decision as opposed to just curiosity.

(b) The provision of that advice will not cause any unacceptable increase in workload or delay in the performance of normal day to day services of Council officers.

(c) the advice sought will not:

(i) prejudice a deliberative, investigative or other litigation process

(ii) relate to a complaint against councillors under the City of Brisbane Act 2010, the Criminal Code or the Crime and Misconduct Act 2001 or Councillors Code of Conduct which has not yet been finalised

(iii) result in a breach of information privacy, defamation laws, legal professional privilege, sub-judice or other legal impediment

(iv) reveal or pre-empt deliberative processes of E&C or budgetary deliberations.


13. If at any time a request under the Advice Guidelines is refused, the person refusing that request must provide a written statement to the requesting councillor stating the reasons for that refusal.


Authority

Full Council


Attachment “B”

Brisbane City Council Acceptable Requests Guidelines

Section 171 of the City Of Brisbane Act 2010


Overview


1. The purpose of these guidelines is to provide a framework for dealing with requests to the Chief Executive Officer by councillors for information in Council's possession relating to the ward they represent.


2. These guidelines supplement those guidelines already available for the processing of Questions on Notice and RTI (Right to Information) requests.


The Legislation


3. Under Section 171 (3) of the City of Brisbane Act 2010, any councillor may request the Chief Executive Officer to provide information the Council has access to relating to the ward the councillor represents.


4. That request must under Section 171(4) comply with the Acceptable Requests Guidelines adopted by Council under Section 171(5).


5. These Guidelines must be about reasonable limits on requests that a Councillor may make.


Applicability of Guidelines


6. These guidelines apply to:

(a) all councillors; and

(b) the Chief Executive Officer; or

(c) such other Council officers delegated to perform the function of the CEO in relation to these guidelines.


These Guidelines do not apply to requests by:

(i) the Establishment and Coordination Committee

(ii) the Lord Mayor as leader and controller of Council business.


The Acceptable Requests Guidelines


Reasonable Requests


7. The information sought must directly relate to the ward the Councillor represents.


8. The information must be in existence and in an immediately retrievable form.


9. The retrieval of that information must not cause any unacceptable increase in workload or delay in the performance of normal day to day services of Council officers.


10. The councillor must have a genuine requirement to access this information as opposed to just curiosity.


Making Requests


11. All requests shall be made in writing in the prescribed form and signed by the councillor.


12. Forms are to be emailed to ceocouncillorrequests@brisbane.qld.gov.au.


13. Incomplete forms or forms not signed will be returned to the requesting councillor for rectification.


Responding to Requests


14. Within three business days of receipt of a councillor request the CEO must acknowledge receipt of that request and advise:

(a) if the request falls within the guidelines of a reasonable request, and

(b) if the request will be actioned.


15. The CEO may ask the councillor for additional information to justify the proper basis for any request before responding to that request. The CEO will have no obligation to act on that request unless and until this additional information is received and deemed acceptable by the CEO.


16. Where the CEO is satisfied that the request falls within the guidelines, the information is to be made available to the Councillor in accordance with Council Policy AP040 Councillor Access to Records and Information.


17. The provision of information in response to a Councillor request can be deferred for such period as the CEO thinks fit where:

(a) the information is being used for an important purpose which cannot be delayed by responding to the request

(b) the information forms part of a deliberative, investigative or other litigation process

(c) the information relates to a complaint against Councillors under the City of Brisbane Act 2010, the Criminal Code or the Crime and Misconduct Act 2001 or Councillors Code of Conduct which has not yet been finalised; and

(d) the CEO is concerned on reasonable grounds that release of the information to the councillor could result in a breach of information privacy, defamation laws, legal professional privilege, sub-judice or other legal impediment.


18. If at any time a request under the Acceptable Requests Guidelines is refused, the person refusing that request must provide a written statement to the requesting councillor stating the reasons for that refusal.


Authority

Full Council

ADOPTED

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