Annual Report 2021/2022 - Updated May 2023

Clarence Valley Council

ANNUAL REPORT

Acknowledgement of Country

We acknowledge the Bundjalung, Gumbaynggirr and Yaegl people as the Traditional Owners of the land on which we live and work. We honour the First Nations peoples culture and connection to land, sea and community.

We pay our respects to their Elders past, present and emerging.

Three Mobs, One River artwork by Frances Belle Parker, Joe Walker and Deborah Taylor

54,180 POPULATION (ABS ERP 2021)

4,392 (6.6%)

ABORIGINAL & TORRES STRAIT ISLANDER POPULATION

49.2% MALE 50.8% FEMALE

38,886 ELIGIBLE VOTERS

26,141 DWELLINGS

2.30 AVERAGE HOUSEHOLD SIZE

3 TOWNS 60 VILLAGES

100KMS OF COASTLINE 04 08 36

COASTAL LAGOONS AND BEACHES RIVERS

BEACHES

2,262KM2

NATIONAL PARKS, STATE FOREST & RESERVES

Integrated Planning and Reporting Framework

The Integrated Planning and Reporting (IP&R) framework guides how local government plans, documents and reports its future strategies. The IP&R framework begins with the community’s aspirations for a period of at least 10 years, which is considered by each newly elected council and underpinned by a suite of integrated plans that set out a vision and objectives, and pinpoint specific actions to achieve those aspirations. It involves a reporting structure to communicate progress to the Council and community and a structured review timeline to ensure that the goals and actions remain relevant.

Community Engagement Strategy

The Community Engagement Strategy is based on social justice principles and details how we engage with our community to prepare the Community Strategic Plan.

Community Strategic Plan –THE CLARENCE 2032

The Community Strategic Plan is the overarching document for the Council’s plans and policies. It identifies the community’s aspirations and priorities for the future of the local government area and creates the vision we are working towards.

Delivery Program

The Delivery Program is the key directional document for the term of the elected Council. It is developed by a newly elected Council and adopted before the end of June in the year following the election. It is presented as a statement of commitment to the community, as it outlines the Council’s aim to achieve the long-term aspirational goals of the community, as identified in the Community Strategic Plan.

It should be noted that successive elected councils contribute towards achieving the aspirations of the Community Strategic Plan.

Resourcing Strategy

Without sufficient resources, such as money, people and assets, the objectives of the Operational Plan cannot be achieved. The Resourcing Strategy consists of the following three components:

Long-Term Financial Plan (LTFP)

A ten-year financial plan, which is often presented as more than one scenario that informs decisionmaking and planning.

Workforce Management Strategy

A minimum four-year strategy that addresses the human resources needs and challenges of the organisation in achieving its goals.

Asset Management Strategy

A minimum ten-year strategy supported by Asset Management Plans that details the management and maintenance strategies for assets within the ownership of the Council.

Operational Plan

Supporting the Delivery Program is an annual Operational Plan that has been prepared by the General Manager and staff. The Operational Plan clearly defines how the commitments of the Delivery Program will be achieved by detailing what the organisation will deliver, where and how delivery will be resourced, the cost, who is accountable for the action and how performance will be measured.

Purpose of the Annual Report

Within five months after end of every financial year, Council prepares and publishes an annual report. As the year 2021–2022 covers an ordinary election of councillors, the annual report contains council’s achievements in implementing the Community Strategic Plan over the term of the outward Council. Council’s annual report is to be prepared in accordance with the Office of Local Government’s Integrated Planning and Reporting Framework (IP&R).

Council’s Operational Plan End of Year Report was presented to Council in July 2022 (ITEM 07.22.160). This measured Council’s performance for the 2021-2022 financial year against operational targets. Overall Council achieved a good success rate in the delivery of the actions and projects contained in the 2021-2022 Operational Plan across the broad range of activities conducted by its directorates (Environment & Planning; Works & Civil; Corporate & Governance). Nevertheless, some activities (e.g., tourism, community engagement—including the establishment of a partnership with Native Title Holders and Traditional Custodians on Cultural Heritage— and Library and Gallery services) were hindered by COVID-19 restrictions throughout the year. The report is available on Council’s website.

www.clarence.nsw.gov.au/Council/Our-performance/Integrated-Planning-and-Reporting www.clarence.nsw.gov.au/endofyearreport

Council’s achievements in implementing the Community Strategic Plan over the previous four years (End of Term Report)

The End of Term Report 2016-2021 was presented to Council at its Ordinary General Meeting 23 November 2021 (ITEM 6a.21.057). Mayor Jim Simmons noted that the term of Council was extended by 12 months due to the COVID 19 pandemic and that Clarence Valley was severely impacted by bushfires from August 2019 to January 2020, with over 160 homes destroyed and two lives lost, then the flooding in March 2021.

Nevertheless, coinciding with the NSW Government’s ‘Fit for the Future’ reform program, Council reduced its debt levels from $130 million at June 2016 to $95.9 million at 30 June 2021. In May 2018 the Independent Pricing and Regulatory Tribunal (IPART) approved a Special Rate Variation (inclusive of the rate peg) of 8% per year for three years, which was then retained permanently in the rate base, providing an additional $5.3 million each year for services.

Mayor Simmons also noted that Council had received an unprecedented amount of infrastructure funding from the state and federal governments, allowing Council to fast-track projects such as the Grafton Waterfront Precinct, Yamba Road roundabouts and timber bridge replacements, coinciding with realignment of the Pacific Highway during the term.

Throughout, Council’s activities were guided by community consultation to inform the strategic Community Strategic Plan, resulting in five priorities—Society, Infrastructure, Economy, Environment and Leadership. The End of Term Report is available on Council’s website, with the direct link here CVC End of Term Report 2021

www.clarence.nsw.gov.au/endoftermreport

Statutory Annual Report Financial Report

This Annual Report - November 2022, does not contain our audited financial reports for 2021-2022. In June 2022, Council applied for an extension of time for the lodgement of the 2021-2022 Financial Statements due to the disruption caused by the flooding events earlier in the year and was granted an extension until 31 December 2022 (ITEM 07.22.095). Once the financial reports are audited, the annual report will be updated and presented to Council for adoption prior to publishing on the website. It is anticipated this will occur at the February 2023 Ordinary Council meeting.

Summary of 2021-22 Financial Statements

Net operating result before grants and contributions provide

for capital purposes

* The 2021 figures have been updated to reflect the correct recognition of Council Contributed assets and impacts on existing assets arising as a result of the construction of the New Grafton Bridge. Council took ownership of these assets in October 2020 however these assets were originally omitted from the 2021 asset registers and financial statements as the data was still being evaluated. This omission has now been rectified.

Annual Report to be posted on Council’s website and provided to the Minister

The Annual Report will be available on Council’s website once it is approved by Council www.clarence.nsw.gov.au. A copy of the URL will be sent to the Minister for Local Government once it is posted.

Environmental upgrade agreements

No environmental upgrade agreements were entered into in 2021-2022.

Activities funded by a Special Rate Variation (SRV)

In 2021-2022 Council utilised $5,425,822 from the 8% SRV on projects for roads, floodplains and parks and recreation. Below is a list of projects we have been able to commence and achieve due to these funds.

Roads

Minor Works / Renewals Pontoon Decks Iluka & YambaResheeting – Public Hall Improvements

Pool – Plant and Equipment Renewals

Rd Resheeting Townsend Industrial Estate Roads Upgrade

Amount of rates and charges written off during year

Rates and charges written off in the financial year 2021-2022 were:

*Eligible pensioners who have been issued with a pension card by Centrelink or the Department of Veteran’s Affairs. This amount does not include the 55% DLG subsidy.

Councillors’ training and ongoing professional development

2021-2022 due COVID restrictions. Nevertheless, as per ITEM 6a.21.042, Mayor Simmons and Councillors Toms, Novak and Clancy attended the LG NSW Annual Conference 29 November 2021. Councillors elected on 21 December 2021 participated in the following induction training courses and professional development activities:

Conference attendance as per Council resolution

LGNSW Special Conference – Councillors Clancy, Johnstone, Pickering and Toms NSW Coastal Conference – Councillors Pickering and Smith National General Assembly – Councillor Whaites**

** Note that conference/seminar costings will be processed in the next financial year

Overseas visits by councillors and officers

Councillors and Council officers did not undertake any overseas visits during 2021-2022.

Payment of expenses of facilities to councillors

Council maintains three policies relevant for the payment of and the provision of facilities to councillors:

• Councillor Expenses and the Provision of Facilities Policy V14.0

• Councillor Induction and Professional Development Policy V1.0

• Councillor Attendance at Conferences Policy V5.0

Annual fees were paid to the Mayor and Councillors as required by the Local Government Act and in accordance with the determination of the Local Government Remuneration Tribunal.

In 2021/2022 the total amount of money expended on mayoral and councillors’ fees were as follows:

Mayoral and Councillors’ Fees $292,368

A breakdown of the payment of these fees on a per Councillor basis is provided in the following schedule:

Itemised cost of the following Councillor expenses

The provision during the year of dedicated office equipment allocated to councillors on a personal basis, such as laptop computers, mobile telephones and landline telephones and facsimile machines installed in councillors’ homes (including equipment and line rental costs and internet access costs but not including call costs)

Telephone calls made by councillors, including calls made from mobile telephones provided by the council and from landline telephones and facsimile services installed in councillors’ homes

year by councillors while representing the council, including the cost of transport, the cost of accommodation and other out-of-pocket travelling expenses

The expenses of any spouse, partner (whether of the same or the opposite sex) or other person who accompanied a councillor in the performance of his or her civic functions, being expenses payable in accordance with the Guidelines for the payment of expenses and the provision of facilities for Mayors and Councillors for Local Councils in NSW prepared by the Director-General from time to time

involved in the provision of care for a child of, or an immediate family member of, a councillor, to allow the councillor to undertake his or her civic functions

*May include costs of travel to conferences and seminars using own motor vehicle

** Note that conference/seminar costings will be processed in the next financial year

Clarence Valley Council

Contracts awarded by Council

Contracts awarded by Council (cont).

27.Serendip Holdings NSW Pty Ltd

28.Smith Plant Hire NSW Pty Ltd

7 Suppliers:

1.Ameidat Pty Ltd T/A Coffs Coast Under Road Boring

2.Maxibor Australia Pty Ltd

3.Inncontrol Pty Ltd

4.Jones Group (NSW) Pty Ltd

5.Ledonne Constructions Pty Ltd

6.Ozcom Holdings Pty Ltd T/A Ozcom Drilling Pty Ltd

7.Utilstra Pty Ltd

6e.21.018 Panel of 9 Suppliers:

1.Ameidat Pty Ltd T/A Coffs Coast Under Road Boring

2.Cable and Pipe Locations Pty Ltd

3.Dynamic Hydro Excavations Pty Ltd

4.Eljo Pty Ltd & The Trustee for the Rico Family Trust T/A Clarence Valley Septics

5.Inncontrol Pty Ltd T/A Gosling Electrical

6.JR & EG Richards Pty Ltd T/A Hydro Digga Pty Ltd

7.Ledonne Constructions Pty Ltd

8.Ozcom Holdings Pty Ltd T/A Ozcom Drilling Pty Ltd

9.Total Drain Cleaning Services Pty Ltd

6e.21.019

Skateparks Pty Ltd

Vacuum Sewer Cleaning / Vacuum Excavation Services

Concrete

Yamba Skate Park Extension $500,000

Summary of amounts incurred in relation to legal proceedings

There is one outstanding case of legal proceedings taken against Council. Council is insured for $50,000 excess for this matter; the invoice received to date is $19,249.70

Work carried out on private land

Council did not carry out works on private land in the 2021-2022 year.

Total amount of contributed or otherwise granted to financially assist others

Council made donations during the year under Section 356 of the Act to community organisations, including schools, totalling $67,732. In addition, it approved grants totalling $600 from the Clarence Valley Sports and Cultural Trust Fund to assist elite young sportspersons. Council gave a further $187,404 in financial assistance to various organisations to assist with the running of festivals, exhibitions and celebration events staged within the Council area.

External bodies exercising functions delegated by Council

• North West Weight of Loads Group (Newlog) - inspection of motor vehicles and the policing of overloading on Council roads.

• North Eas t Waste - researching waste management issues and investigating opportunities for regional cooperation in the Northern Rivers area.

Other organisations performing services in the Clarence Valley Council area but without any delegations from Council:

• Clarence Regional Library provides library services for libraries in the Clarence Valley and Bellingen Council areas. The Regional Library is part of Clarence Valley Council, which employs the Regional Library staff and provides these services to the Bellingen Shire Council under delegations it has received from Bellingen Council.

Entities in which Council had a controlling interest

Council did not hold a controlling interest in any corporations, partnerships, trusts, joint ventures, syndicates or other bodies in 2021-2022.

Activities undertaken to implement EEO Management Plan

Clarence Valley Council demonstrates its commitment to the principles of Equal Employment Opportunity through its adopted EEO and Anti-discrimination Policy, which has recently been reviewed to ensure demonstration of the Council’s commitment to ensuring the absence of discrimination and to promoting equal employment opportunity for EEO target groups.

Council has achieved the following to ensure equal employment opportunity:

• Continued implementation of the My Employee Journey Framework, incorporating ongoing review of policies and procedures to ensure a holistic view of the journey of all employees, and that all human resource processes are robust and transparent and in line with the legislation. This framework provides a commitment to equal opportunity employment.

• Continued implementation of the Local Government Capability Framework, which involves updating all position descriptions. This process will ensure position descriptions are up-to-date and remove any artificial barriers.

• Position advertisements include a standard EEO statement and are written in plain English, free from bias.

• There are 15 positions on Council’s organisation structure (including one trainee position) designated as First Nations People identified positions. In addition to those identified positions, Council has engaged several employees from First Nations backgrounds through the open recruitment process. A total of 26 employees identify as First Nations. During 2021-2022 the Aboriginal Employment Strategy seeks to have approximately 5% (or 24 positions) representation of First Nations People in the Council workforce. This strategy is being reviewed in the 2021-2022 financial year.

• Council’s Workforce Management Strategy 2021-2025 (adopted June 2022) addresses workforce challenges faced by Clarence Valley Council. In particular, issues associated with creating a diverse workforce and responding to an ageing workforce is discussed. Council’s workforce is comprised of 66.47% male and 33.54% female employees. The Strategy identifies the challenges moving forward and the areas forecast to have an impact on the workforce over the next four years. In an effort to increase access from a mixture of candidates, Council’s online recruitment process allows for a diverse range of applicants from across the globe to apply for positions with Council. Our Workforce Management Strategy ensures robust strategies continue to be put in place to support employment equity and diversity principles.

• All new Council staff participate in Code of Conduct training as part of their induction to the organisation. The next round of face to face training for all staff is scheduled for the 2022-2023 financial year.

Remuneration package of the general manager

The

Remuneration packages of senior staff

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Annual reporting of labour statistics

Number of persons who were senior staff

Number of persons engaged by the Council, under a contract or other arrangement with person’s employer, that is wholly or principally for the labour of the person

The number of persons supplied to the council, under a contract or other arrangement with the person’s employer, as an apprentice or trainee

Coastal protection services

Council did not levy for coastal protection services in 2021-2022.

Stormwater management services

Council did not levy for stormwater management services in 2021-2022.

Companion Animals Act

Lodgement of Pound data collection returns with the Division of Local Government –16.2(a) Guidelines

Pound data is collated monthly and a return is lodged annually with the Division of Local Government.

Lodgement of data relating to dog attacks with the Division of Local Government –16(2) Guidelines

Council’s Rangers attended 89 dog attacks in 2021-22.

Amount of funding spent on companion animal management and activities -16.2(c) Guidelines

Companion animal community education programs carried out - 16.2(d) Guidelines

A social media presence and animal foster network is in place to improve community awareness and promote responsible pet ownership. These support the pound operations and the Companion Animals Act. COVID-19 continued to have an impact on school visits and community education programs.

Strategies Council has in place to promote and assist the de-sexing of dogs and cats -16.2(d) Guidelines

Council’s policy on the sale of animals is that they must be desexed before sale. This contributes to a reduction in the number of kittens and puppies brought to the pound as abandoned.

Council continues to hold reduced fee microchipping days to help members of the public get their animals identified and returned home.

Strategies to comply with the requirement under section 64 of the Act to see alternatives to euthanasia for unclaimed animals

–16.2(c) Guidelines

Animal control staff work with over 50 animal rescue organisations (Doggie Moggie Rescue, Dogs for Jobs, etc.) throughout the area and interstate, forging strong partnerships to provide rescue pathways for unwanted animals. Much of this work is facilitated by Rural Pound Aid.

Off leash areas provided in the council area16.2(f) Guidelines

In accordance with the Companion Animals Act 1998 and the Local Government Act 1993, dogs are allowed off leash in 18 parks, reserves and beaches throughout Clarence Valley. A full list of off-leash areas can be found on Council’s website www.clarence.nsw.gov.au

Capital works projects

In 2010 the Office of Local Government issued guidelines that apply to capital projects for infrastructure facilities, including renovations and extensions that are expected to cost in excess of 10% of Council’s annual ordinary rate revenue or $1 million, whichever is the greater (GST exclusive) In addition to the minimum requirements for a capital expenditure review, a Council is also required to complete additional requirements in cases where a project’s cost is forecast to exceed $10 million (GST exclusive).

The guidelines do not apply to:

• capital expenditure on land purchases, land remediation, water supply networks, sewerage networks, stormwater drainage, domestic waste management facilities, roads, footpaths, bridges;

• projects where funding has been approved under the Public Reserves Management Fund Act 1987;

• projects that are classified as public-private partnerships; and

• project designs and feasibility studies that do not commit council to the project (the costs of such studies are to be included if Council subsequently proceeds with the project).

During 2021-2022, no capital projects were above the threshold identified in the Capital Expenditure Guidelines.

Carers Recognition Act

Clarence Valley Council is no longer considered a ‘human services agency’ under the Carers Recognition Act 2010.

Disability Inclusion Action Plan

The 2017-2021 Disability Inclusion Action Plan (DIAP) was extended for the 2021-2022 period. Under the plan, we have created an access committee made of community members and Councillors, which has had an influence over several projects and initiatives including the creation of mobility maps, draft planning documents for the Grafton Bridge Project and advocating for safer pedestrian crossings.

Key achievements include:

• Access and inclusion planning is now included in the planning of all events.

• Council instigated the creation of accessible parking spaces installed in the new Grafton Bridge carpark.

• Free accessibility workshops were run for businesses during NSW Small Business Month.

• Jacaranda Park and Alex Bell Park have been updated to include all access play. The ‘wheelspin’ at Jacaranda Park provides all children the liberating experience of dynamic movement. Not only does it accommodate wheelchairs, it allows several children the opportunity to spin together.

• As part of the planning, approval and legal requirements all new and or refurbished commercial buildings are compliant with disabled access requirements

• Pippi Beach and Wooli Beach now have improved all-access areas.

• Following a review of all public toilets, a draft public amenities strategy and public toilets strategy have been completed.

• MLAK (disabled access) keys are given to residents free of charge, offering access to public facilities afterhours.

• Access improvements have been made to electronic systems and processes, including our new website and streaming of council meetings.

• Refurbished Administration building that is fully accessible to all the community and includes a lift to the Mayors Office.

Planning agreements

Particulars of compliance with and effect of planning agreements in force during the year:

Recovery and Threat Abatement Plans

Compliance with the Fisheries Management Act, 2014

• Compliance with the Fisheries Management Act, 2014

• The Regional State of the Environment 2016 Report (SoE) provides information on how Council is responding to actions with the following plans:

• Removal of Large Woody Debris Threat Abatement Plan

• Black Rockcod Recovery Plan

• Eastern Freshwater Cod Recovery Plan

• Oxleyan Pygmy Perch Recovery Plan

Government Information Public Access (GIPA)

Under Section 125(1) of the Act, each agency must, within four months after the end of each reporting year, prepare an annual report on the agency’s obligations under this Act for submission to the Minister responsible for the agency. A copy of the report is to be provided to the Information Commissioner.

Under paragraph 7 of the Government Information (Public Access) Regulation 2009 the annual report must include:

a. details of the review carried out by the agency under section 7 (3) of the Act during the reporting year and the details of any information made publicly available by the agency as a result of the review, Section 7 (3), provides that, an agency must, at intervals of not more than 12 months, review its program for the release of government information under this section to identify the kinds of government information held by the agency that should in the public interest be made publicly available and that can be made publicly available without imposing unreasonable additional costs on the agency.

b. the total number of access applications received by the agency during the reporting year (including withdrawn applications but not including invalid applications)

c. The total number of access applications received by the agency during the reporting year that the agency refused, either wholly or partly, because the application was for the disclosure of information referred to in Schedule 1 to the Act (Information for which there is conclusive presumption of overriding public interest against disclosure),

Note: Table D in Schedule 2 also requires information relating to access applications in respect of which there is a conclusive presumption of overriding public interest against disclosure.

d. Information, as set out in the form required by the tables in Schedule 2, relating to the access applications (if any) made to the agency during the reporting year.

Schedule 2 - Statistical information about access applications to be included in annual report

Table A: Number of applications by type of applicant and outcome*

*More than one decision can be made in respect of a particular access application. If so, a recording must be made in relation to each such decision. This also applies to Table B.

Table B: Number of applications by type of application and outcome*

*A personal information application is an access application for personal information (as defined in clause 4 of Schedule 4 to the Act) about the applicant (the applicant being an individual).

Table C: Invalid applications

Conclusive presumption of overriding public interest against disclosure matters listed

Table E: Other public interest considerations against disclosure: matters listed in table to section 14 of Act

*The Information Commissioner does not have the authority to vary decisions, but can make recommendations to the original decision- maker. The data in this case indicates that a recommendation to vary or uphold the original decision has been made by the Information Commissioner.

Public Interest Disclosures (PIDs)

Public authorities, including councils, are required to report annually on their obligations under section 31 of the Public Interest Disclosures Act 1994. In 2021/2022, no public officials made a Public Interest Disclosure (PID) to Clarence Valley Council, no PIDs were received via other agencies and no PIDs were finalised in the reporting period.

Other Reporting

Management of complaints against Council

A complaint is defined as an expression of dissatisfaction with Council’s policies, procedures, employees or quality of service.

Any items raised as part of a public consultation process or concern for service levels that are the result of limits set by Council Policy are not regarded as complaints, but rather a customer request.

A request for a service or for information about a service is not a complaint.

The following table summarises the complaints received each year, with data from past years shown for comparison:

*Policy provides for the compliant to be responded to within 21 calendar days after it is received. If it is not possible to respond substantially to a complaint within that time, the designated officer is to forward an acknowledgement letter to the complainant within that time period advising that the complaint is being investigated and that a response will be forwarded within a further 28 days

In the reporting period all outstanding complaints from previous years and new complaints have been finalised.

Privacy Management Plan

Information on the number of complaints made under Council’s privacy management plan.

Whilst not a statutory requirement, Council’s Privacy Management Plan provides that Council must report on the number of reviews and complaints received in its Annual Report to demonstrate accountability and transparency.

In 2021/2022 there was one privacy complaint against Council and no privacy complaints referred to Council by the Information and Privacy Commission (IPC).