The Draft Code reflects section 367(1) of the Local Government Act (“The general manager of a council must send to each councillor, at least three days before each meeting of the council, a notice specifying the time and place at which and the date on which the meeting is to be held and the business proposed to be transacted at the meeting”).

At MidCoast Council, Councillors usually receive the Agenda around five to six days before the Meeting. All reports are thoroughly researched and are often workshopped with Councillors prior to the report being prepared and/or discussed at pre-meeting briefing sessions where Councillors are encouraged to ask questions and seek answers.

Councillors may submit a Notice of Motion or Questions with Notice to be formally placed on the Agenda. Eight days is required so that it can be included in the Agenda and distributed to Councillors and the community. To reduce this time would mean that it would not appear on the Agenda. It should be noted that Councillors can ask questions of the General Manager and Directors at any time by contacting them and can ask questions at the meeting if they need clarification on issues.

This requirement is a mandatory component of the Model Code of Meeting Practice and cannot be changed. Councillors are not permitted to ask those questions during the public meeting. There are other formal forums for a Councillor to submit those type of questions.

Following the Open and Public Forum, Councillors need time to be able to ask questions or clarify issues raised at the Open and Public Forums. If they are held immediately prior to, or within the Meeting, there is no time for those questions to be answered, which results in the deferral of matters that could otherwise have been dealt with on the day. Councillors take their decision-making duties seriously and need time to make a considered, informed decision.

A pre-meeting briefing is held prior to each Council meeting to allow Councillors to ask questions of the relevant staff members. The General Manager asks Councillors if they have any questions relating to each report, one by one. If there are no questions, the General Manager then moves on to the next report. No decisions or debate happens during this meeting, it is purely to aid the decision-making process.

The wording in the Code of Meeting Practice has been changed to clarify that it is three speakers for each item and three speakers against each item, however there is the discretion of the General Manager in consultation with the Mayor to extend that if required. This limit has been put in place to ensure the Public Forum can be held within a reasonable timeframe. For example, if there were 10 speakers for and 10 speakers against five items on the Agenda, that would mean 100 speakers which would impact the time for the Council Meeting.

The Local Government Act 1993 s10A(1) and (2) states that a Meeting can only be closed for the following types of matters:

• personnel matters concerning particular individuals (other than councillors);
• the personal hardship of any resident or ratepayer;
• information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business;
• commercial information of a confidential nature that would, if disclosed:
• information that would, if disclosed, prejudice the maintenance of law;
• matters affecting the security of the Council, Councillors, Council staff or Council property;
• advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege;
• information concerning the nature and location of a place or an item of
• alleged contraventions of the Council’s Code of Conduct.

Aboriginal significance on community land;

Meetings cannot be closed for any other reason.