Rules Part 3 – Management and administration of the association

DIVISION 1 – THE BOARD

28. The Board

  • 28.1. The Board has responsibility for the conduct of the affairs of the Association in accordance with the Rules.
  • 28.2. Notice of meetings of the Board must be given to Board members not less than seven days before the meeting, unless the meeting is to deal with business which the President considers to be urgent or requiring immediate resolution by the Board.
  • 28.3. The quorum necessary to transact business at a meeting of the Management Board will be 7 and no business may be transacted at a meeting of the Management Board unless that number of representatives is present.
  • 28.4. The quorum for the Interim Management Board is a majority of the members.
  • 28.5. The Interim Management Board may not make a Significant Decision except by unanimous vote by all members of the Interim Management Board.
  • 28.6. Meetings of the Board may be deferred or adjourned at any time by the President, Interim President or member presiding, as the case may be, to a date to be fixed.
  • 28.7. Meetings of the Board must be conducted in open session unless the Association will be prejudiced by the requirement to do so.
  • 28.8. Where the business of the Board requires urgent or immediate resolution by the Board, Board members may participate in a meeting of the Board by phone, closed circuit television or any other means of communication and a member who participates for the duration of the meeting is deemed to be present at the meeting.

29. Election of Deputy Presidents

  • 29.1. The Management Board must elect two of its members to be Deputy Presidents of the Association; one Deputy President must be a representative of a rural grouping of councils and the other a representative of a metropolitan grouping of councils.
  • 29.2. The role of the Deputy Presidents will be determined by the Management Board.
  • 29.3. A Deputy President may act in the place of the President when requested by the President to do so.
  • 29.4. The Management Board may appoint a Deputy President to act in the place of the President when the President is absent, incapable or refuses to act.

30. Functions of the Board

  • 30.1. The functions of the Board will be to:-
    • 30.1.1. determine and classify the regional groupings of councils after consultation on proposals for the regional groupings has been undertaken with councils;
    • 30.1.2. define the detail of the broad policies, objectives and strategies determined by the State Council;
    • 30.1.3. implement the broad policies, objectives and strategies of the Association;
    • 30.1.4. regularly liaise with representatives of participating member councils and regional groupings of councils;
    • 30.1.5. set service standards and priorities and monitor the performance of the Association;
    • 30.1.6. publish practice notes, guidelines or codes to be used and applied by representatives when they are acting as representatives of the Association;
    • 30.1.7. determine the budget including the level of subscription to be paid by participating member councils and monitor the financial performance of the Association after consultation with the State Council on the level of subscriptions to be paid.
    • 30.1.8. determine the levels of cover, guarantees and other matters associated with the Municipal Officers’ Fidelity Guarantee Fund;
    • 30.1.9. operate and manage liability and workcover insurance schemes;
    • 30.1.10. determine issues of policy, legislative and financial significance to local government;
    • 30.1.11. appoint a Chief Executive Officer who will be responsible for the day to day management and administration of the Association;
    • 30.1.12. annually set performance appraisal objectives for the Chief Executive Officer and regularly monitor the performance of the Chief Executive Officer;
    • 30.1.13. determine the allowances (if any) to be paid to representatives;
    • 30.1.14. provide appropriate insurance cover for representatives; and
    • 30.1.15. appoint representatives and persons to committees.
  • 30.2. the Board must provide notice to councils of the classification of Metropolitan, interface and rural councils into regional groupings of councils within 14 days of its decision.

31. Delegation

The Board may, by instrument of delegation, delegate to a committee appointed by the Board or to the Chief Executive Officer of the Association any power or function of the Board, other than this power of delegation.

32. Disclosure of Pecuniary Interests

  • 32.1. If —
    • 32.1.1. a member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Board; and
    • 32.1.2. the interest could conflict with the proper performance of the member’s duties in relation to the consideration of the matter —
  • the member, as soon as practicable after the relevant facts come to a member’s knowledge, must disclose the nature of the interest at a meeting of the Board.
  • 32.2. A member who has made a disclosure under sub-clause 32.1 may remain in the room in which the meeting is being held during any consideration or discussion of the matter, and may take part in discussion, but must leave the room while any vote is taken on the matter.
  • 32.3. A disclosure under sub-clause 32.1 must be recorded in the minutes of the meeting
  • 32.4. Sub-clause 32.1 does not apply in relation to a matter relating to the supply of goods or services to the member if the goods or services are, or are to be, available to other members of the Association on the same terms and conditions.

DIVISION 2 – REVENUE OF THE ASSOCIATION

33. Accounts and records

The Association must ensure that proper accounts and records of its transactions and affairs and other appropriate records are kept so that its financial operations and financial position can be adequately explained at any time.

34. Audit

The Association must appoint an independent person or firm to be the auditor of the Association for a period up to five years.

35. Duties of auditors

The auditor must audit the financial statements of the Association in accordance with applicable Australian Auditory Standards and Statutory requirements including reporting in accordance with those requirements.

36. Subscriptions

The subscription to be paid by member councils and the date of sending subscription notices will be determined each year by the Board.

37. Investments

The Association may invest in any of the funds that councils may invest in under section 143 of the Local Government Act 1989 or the Trustee Act 1958.

DIVISION 3 – MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND

38. Members of the Fund

For the purposes of this Division, ‘Authority’ includes the bodies referred to in section 5 of the Act contributing to the fund.

39. Management of the Fund

Subject to these Rules, the Board is responsible for the management and operation of the Municipal Officers’ Fidelity Guarantee Fund.

40. The Municipal Officers’ Fidelity Guarantee Fund

  • 40.1. The Municipal Officers’ Fidelity Guarantee Fund consists of:
    • 40.1.1. all premiums received by the Association by way of premiums on guarantees;
    • 40.1.2. all monies received by the Association under section 7 of the Act;
    • 40.1.3. all monies received by the Association by way of interest on moneys invested under these Rules;
    • 40.1.4. all other moneys received by the Association in connection with the activities of the Fund.

41. Decisions of the Board

  • 41.1. The Board will from time to time determine:
    • 41.1.1. the manner and form of an application for a guarantee;
    • 41.1.2. the form of the policies to be issued;
    • 41.1.3. the level of premium payable; and
    • 41.1.4. the level of cover available.

42. Expiration of Policies

Unless renewed, all policies will terminate on the 30th June next following the date of their issue.

43. Application for guarantee

Any Authority may make application for a guarantee in respect of its employees. Upon acceptance of any application and upon acceptance and payment of the appropriate premium fixed by the Board, the Association will issue to the Authority a policy in the appropriate form determined by the Board.

44. Renewal of policies

Before becoming entitled to the renewal of any policy, the Authority in the name of which the policy has been issued must submit to the Board a statement of its revenue from general rates and charges during the preceding financial year and the Board will fix the premium payable on the basis of such revenue and such other information as the Board may determine from time to time; including, without limitation, claims history and risk management practices.

45. Cancellation of policies

  • 45.1. Any policy may be cancelled:
    • 45.1.1. at any time at the written request of the Authority, in which case the Association will be entitled to retain the premium for the period during which the policy has been in force; and
    • 45.1.2. by the Association in the event of the Authority;
      • 45.1.2.1. failing to comply with its duty of absolute good faith;
      • 45.1.2.2. failing to comply with its duty of disclosure;
      • 45.1.2.3. making a misrepresentation to the Association during negotiations for the policy before it was entered into;
      • 45.1.2.4. failing to comply with a condition or other provision of the policy, including the provision with respect to payment of the premium; or
      • 45.1.2.5. making a fraudulent claim under the policy.

46. Notice of cancellation

  • 46.1. The Association may give written notice to the Authority that it has cancelled the policy and that the cancellation will take effect 14 days from the date of the written notice.
  • 46.2. Where the Association cancels the policy of an Authority the Association will refund to the Authority an amount of premium proportionate to the unexpired term of the policy.

47. Liability of the Association

The liability of the Association under any blanket policy to pay out of the Municipal Officers’ Fidelity Guarantee Fund any loss sustained by the Authority will be based on the absolute good faith of the application and of the truth and completeness of any information supplied by and on behalf of the Authority and will depend upon the due payment of the premium.

48. Investment of funds

The Board may invest the fund or any part of it in the funds in which councils may invest under section 143 of the Local Government Act 1989 or the Trustee Act 1958.

49. Expenses

All expenses incurred in the management of the Fund will be paid out of the Funds and the Fund will contribute from time to time an amount determined by the Board towards the overall cost of management and administration of the Association.