Review of Bay Pavilions Operations

The Beagle Editor, Your readers might find the following letter I have sent to the Eurobodalla Mayor, Matt Hatcher, of interest: Dear Mayor Hatcher,

Review of Bay Pavilions Operations

I note from the minutes of the Council Meeting on 28 March 2023 that you commendably said in your Minute, in relation to the Review of the Bay Pavilions Operations, that “given the importance of this matter I wish to make it clear to the community that the results of the review will be reported back to Council. In this way the review is transparent for councillors and the community, and the results of the review will be in the public domain.”

While I have no reservations about the current General Manager’s integrity or his ability to conduct such a review, it will be inevitable that some if not most of the requisite investigations leading up to the establishment of the Bay Pavilions and its operations will involve past and present staff some of whom report directly to the General Manager as well as past and some present Councillors.

It would therefore, in the interests of transparency and good governance, be preferable for the detailed review to be conducted by a person/s or body more at arms’ length from the detailed subject matter and the complications of personnel relations.

Such a body would be Council’s own Audit Risk and Improvement Committee whose membership includes three eminently qualified external members and two Councillors who were not in office when decisions leading to the establishment of the Bay Pavilions. ARIC’s terms of reference allow for such an involvement.

If the review has proceeded to any significant extent, it may still be feasible to “hand it over” or at least require the GM’s draft findings to be the basis of further investigation by ARIC.

I trust you will give this matter serious consideration.

Jeff de Jager

Follows: Extract from ARIC Terms of Reference

AUDIT, RISK AND IMPROVEMENT COMMITTEE TERMS OF REFERENCE

Authority

The Audit, Risk and Improvement Committee (the Committee) is advisory to Council and the General Manager and has no executive powers unless such powers are delegated to it by the Council.

The Committee is directly responsible and accountable to the Council for the exercise of its powers and responsibilities.

The Council authorises the Committee, within the scope of its role and responsibilities to:

· Require any information it needs from any employee or external party (subject to legal obligations to protect information)

· Discuss any matters with the external auditor or other external parties (subject to confidentiality considerations)

· Request the attendance of any employee or councillor at Committee meetings

· Obtain external legal or other professional advice considered necessary to meet its responsibilities.

Objectives (in accordance with the Community Strategic Plan):

The objective of the Committee is to provide independent assurance and assistance to the Eurobodalla Shire Council on risk management, control, governance and external accountability responsibilities.

As per the Local Government Amendment (Governance and Planning) Bill 2016 (NSW) Schedule 1 Amendment of Local Government Act 1993 No 30, Part 4A Internal audit;

The Committee must keep under review the following aspects of the Council’s operations:

a. Compliance

b. Risk management

c. Fraud control

d. Financial management

e. Governance

f. Implementation of the strategic plan, delivery program and strategies

g. Service reviews

h. Collection of performance measurement data by the council

i. Any other matters prescribed by the regulations.

The Committee is also to provide information to the Council for the purpose of improving the Council’s performance of its functions.