Agenda of Meeting of the Port Phillip City Council

Meeting of the Port Phillip City Council

21 May 2025

9.1	Older Persons Advisory Committee Annual Report 2024 - For Endorsement
Executive Member:	Kylie Bennetts, General Manager, Community Wellbeing and Inclusion
PREPARED BY:	Simone Jamieson, Team Leader Community Building

1. PURPOSE

1.1 To present the Older Persons Advisory Committee (OPAC) Annual Report (Attachment 1) for the period January to December 2024.

2. EXECUTIVE Summary

2.1 The OPAC Annual Report 2024 documents activity of the Committee, including membership, meetings, subcommittees and working groups, significant consultation and feedback activity, as well as engagement with external groups and events.

2.2 OPAC was established in 2000 as an outcome of the International Year of the Older Person and is the peak advisory and advocacy body on issues affecting the wellbeing of older people (55 years and over) in Port Phillip. OPAC provides advice to Council on policies, plans and services and encourages Council to advocate to other levels of government, for significant events, activities and services.

2.3 OPAC aims to be representative and advocate on behalf of older persons from Port Phillip’s diverse community including people with disabilities, people who identify as lesbian, gay, bisexual, transgender, or intersex (LGBTI), people of Aboriginal or Torres Strait Island background, people experiencing financial disadvantage (including people who are homeless or at risk of homelessness) and multicultural and multifaith communities.

3. RECOMMENDATION

That Council:

3.1 acknowledges the value of the work undertaken by the Older Persons Advisory Committee as the peak advisory and advocacy body on issues affecting the wellbeing of older people (55 years and over) within the City of Port Phillip.

3.2 Notes the Older Persons Advisory Committee Annual Report 2024 (Attachment 1)

3.3 Thanks the members of the Older Persons Advisory Committee for their contribution, and for their generosity in sharing their knowledge and lived experience to improve the lives of older people in Port Phillip.

4. KEY POINTS/ISSUES

Key achievements for 2024

4.1 OPAC were consulted and provided feedback on the Positive Ageing Policy Implementation Plan, Council Caretaker and Election Period, Engagement for the Community Safety Plan, South Melbourne Structure Plan and the Housing Strategy Phase 3.

4.2 Via a budget submission from the OPAC there was an increase in digital literacy programs and equipment through the Port Phillip Library Service.

4.3 The OPAC successfully advocated to extend the existing Advisory Committees into the Council Term to provide experience and support for the new Council Plan and Budget.

4.4 The OPAC held a positive ageing forum titled ‘Ageing Gracefully in Port Phillip’ in June 2024 on the topic of ageing in place.

4.5 The OPAC met with officers involved in the St Kilda Festival and Live Local to advocate for an increase in programming suited to older residents. As a result of this advocacy additional performances have been delivered during the weekday and during daylight hours.

Highlighted lived experience information provided to Council

4.6 The OPAC supported Council with their concern of the closure of the Blessington Street Post Office and the impact on older residents.

4.7 The OPAC worked with Sport and Recreation to proactively seek physical activity opportunities for older residents during the weekday and during daylight hours.

4.8 The OPAC met with the Transport Team to promote bike use amongst older residents and supported the provision o bicycle education sessions.

4.9 The OPAC met with the Communications Team to provide feedback on the Council Website useability.

4.10 OPAC met with Parks and Infrastructure Maintenance to discuss concerns about footpath repair management affecting older people.

OPAC Election of Office Bearers

4.11 At the OPAC March 2024 meeting Wendy Priddle was re-elected as Chair and Ian MacDonald was re-elected as Deputy Chair.

Membership and Recruitment

4.12 Throughout 2024, the OPAC membership remained unchanged at 16 consistent members.

OPAC Activities and Engagement with External Groups and Organisations

4.13 The OPAC provided correspondence in support of Council’s Broadway Bridge grant application through the Safer Local Roads and Infrastructure (SLRI) program.

4.14 The OPAC provided a letter of support for a letter to Senator the Hon Penny Wong, Minister for Foreign Affairs advocating for the Federal Government to participate in the UN Convention on the Human Rights of Older Persons.

OPAC Events 2024

4.15 The OPAC reactivated their community forum (after a hiatus during the COVID pandemic) and delivered a 90-minute information and conversation session at the South Melbourne Community Centre in June 2024.

4.16 The OPAC co-designed the 2024 City of Port Phillip Seniors Festival, held from
1 to 15 October. The festival included 43 Council and community led events and activities with an estimated total attendance of over 2,100 people. Acts and activities included an 80s tribute show to launch the Festival, sport and recreation activities, community gardening, digital storytelling and art workshops, safety forums and healthy living seminars, cultural celebrations and concluded with the annual Seniors Festival Writing Awards celebrating literary works of older people.

OPAC Governance – Development of Action Plan

4.18 The OPAC developed the OPAC Annual Plan which included associated actions for 2024.

4.19 The OPAC Governance Subcommittee was established in 2020 to support the OPAC to develop guidelines and processes to ensure OPAC meetings run effectively and efficiently. Where appropriate it has a role in implementing decisions taken by OPAC.

4.20 In 2024 the Governance Subcommittee utilised the following tools to assist with its stated aim of efficient and effective operations:

· OPAC Governance Sub Committee Guidelines

· Guidelines for the establishment of OPAC Working Group and Sub-Committees

· Agenda setting and meeting procedures

· Consultation guidelines for council officers

· Process for introducing New Items for action by OPAC

· Procedure for Subcommittees and Working Groups.

5. CONSULTATION AND STAKEHOLDERS

5.1 The 2024 Annual Report was informed by input from the OPAC Chairperson Wendy Priddle and Deputy Chairperson Ian MacDonald, and with input from committee members Freda Erlich, Coralie Ling, Sue McGowan, Neville Aphoy, Judith Armstrong, Betty Knight, Rosemary Rule, Liz Robson, Kevin English, Richard Whitfield, Ada Lubin, Jeanette Lyons, Janet Gardner, and Vasileios Tsialtas.

6. LEGAL AND RISK IMPLICATIONS

6.1 There are no known legal or risk implications.

7. FINANCIAL IMPACT

7.1 The budget allocation for the OPAC program for the financial year is $4,700. Approximately 0.3 FTE supports the activities of this Committee.

7.2 The OPAC are Port Phillip residents who provide their time and skills on a voluntary basis.

8. ENVIRONMENTAL IMPACT

8.1 The OPAC are committed to sustainability ensuring all catering provisions for monthly meetings adhere to Council’s sustainability guidelines.

8.2 Printing is kept to a minimum with most communication by email.

9. COMMUNITY IMPACT

9.1 The OPAC provides the opportunity for understanding good governance, community and civic participation and sharing of best practice to advocate for older people in the Port Phillip community.

9.2 The OPAC is a formal advisory group to Council. In 2024, sixteen local residents/committee members participated on a voluntary basis.

9.3 In 2024 the OPAC provided feedback on a range of significant projects, plans and services.

9.4 OPAC members represented the following associations/networks and reported relevant activities at the OPAC monthly meetings; Elwood Croquet Club, Bicycle Users Group, Port Phillip Citizens for Reconciliation, University of the Third Age Port Phillip, Port Phillip Multifaith Network, Port Phillip Multicultural Advisory Committee, Linking Neighbours Leadership Group.

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 Since 2000, the Older Persons Advisory Committee has been guided by and aligned to the strategic goals of each Council Plan.

10.2 The activities of this committee align with two of the Strategic Directions in the 2021-31 Council Plan:

Strategic Direction 1 – Inclusive Port Phillip, Initiatives:

We will provide client services and programs that are inclusive and accessible for all, including people who identify as LGBTIQA+, people with disability, people from culturally and linguistically diverse backgrounds, Indigenous backgrounds, and people experiencing homelessness.

We will partner with our Older Persons Advisory Committee, Youth Advisory Committee, Multicultural Advisory Committee, MultiFaith Network and establish other committees, where relevant, to ensure the diversity of our community’s experience is represented in decision-making.

Strategic Direction 5 – Well Governed Port Phillip, Initiatives:

We will provide opportunities for our community to participate in civic life and help share Council policy, services, programs, and decisions by facilitating engagement in line with Council’s Community Engagement Policy.

10.3 The OPAC Annual Report in 2024 documents OPAC’s ongoing support of the Council’s Positive Ageing Policy. Members of the OPAC are key subject matter experts and provide advice on the ongoing implementation of the attached plan to the Positive Ageing Policy.

11. IMPLEMENTATION STRATEGY

11.1 TIMELINE

11.1.1 The OPAC Annual Report will be presented to members at the June 2025 OPAC Meeting.

11.2 COMMUNICATION

11.2.1 The OPAC 2024 Annual Report will be made available to the community on the Council website including in an accessible version format.

12. OFFICER MATERIAL OR GENERAL INTEREST

12.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. OPAC Annual Report 2024⇩

Meeting of the Port Phillip City Council

21 May 2025

9.2	Grant Assessment Reference Committees Community Appointments
Executive Member:	Kylie Bennetts, General Manager, Community Wellbeing and Inclusion
PREPARED BY:	Emma Blackford, Team Leader Grants and Funding

1. PURPOSE

1.1 To seek Council approval of:

1.1.1 Community representatives on the Community Grants Program Assessment Reference Committee and the Cultural Development Fund - Projects Assessment Reference Committee.

1.1.2 Updated Terms of Reference for the Community Grants Program Reference Committee, and updated Terms of Reference for the Cultural Development Fund – Projects Reference Committee which have been updated to align with VAGO recommendations for local government.

2. EXECUTIVE Summary

2.1 Assessment Reference Committees are formed by Council to assess grant applications and make funding recommendations for the Community Grants Program and the Cultural Development Fund – Projects grants stream.

2.2 Council appoints community representatives to the Assessment Reference Committees for a two-year term.

2.3 The Community Grants Program has an annual budget of $285,000 and consists of three categories, Community Strengthening with a maximum funding of $10,000, Social Inclusion Partnerships with a maximum of $5,000 and Program Support with a maximum funding amount of $1,000. The Program supports community groups to deliver programs that strengthen community outcomes.

2.4 The Cultural Development Fund - Projects has an annual budget of $125,000 with a maximum funding amount of $12,000. This Fund supports artists and art organisations with the delivery of creative projects.

2.5 People who apply to be community representatives are reviewed by officers, and recommendations are made to Council for appointment based on the extent to which applicants meet the key selection criteria.

2.6 This report recommends that Council endorses the appointment of:

2.6.1 Four people to be community representatives on the Community Grants Assessment Reference Committee.

2.6.2 Five people to be community representatives on the Cultural Development Fund Assessment Reference Committee and three people on the Committee ‘pool’ to provide continuity of membership should a vacancy arise.

2.7 Six community panel members appointments have now formally concluded. Three existing panel members have been recommended for reappointment to another two-year term through this process.

2.8 The report also seeks Council endorsement of the Cultural Development Fund Assessment Reference Committee Terms of Reference and the Community Grants Assessment Reference Committee Terms of Reference. These documents have been revised to include Council Officers with subject matter expertise to join community representatives on the Assessment Reference Committee instead of Councillors. This change reflects advice from the Victorian Auditor General’s Office (VAGO) regarding fraud control over local government grants where VAGO recommends that Councillors should not be involved in both assessing and approving grant applications.

2.9 Council is currently undertaking a review of its grants programs more generally and this will come to Council later in 2025.

3. RECOMMENDATION

That Council:

3.1 Appoints four community members to the role of Committee Members on the Community Grants Assessment Reference Committee as appears in Confidential Attachment 1 from June 2025 to June 2027.

3.2 Appoints five community members to the role of Committee Members to the Cultural Development Fund - Projects Assessment Reference Committee as appears in Confidential Attachment 2 and a further three community members to a ‘pool’ should other Committee Members resign during the course of two years from June 2025 to June 2027.

3.3 Notes that six previous community panel member appointments have ended and formally thanks these Members for their participation and commitment.

3.4 Endorses the updated Terms of Reference Community Grant Program, as appears in Attachment 3.

3.5 Endorses the updated Terms of Reference Cultural Development Fund: Projects, as appears in Attachment 4.

4. KEY POINTS/ISSUES

4.1 The role of Grant Assessment Reference Committees is to provide recommendations in relation to applications received through the Community Grants Program and Cultural Development Fund – Projects stream.

4.2 These Committees are comprised of community representatives and currently some also comprise either officers and / or Councillors. Community representatives are appointed for a two-year term.

4.3 Six community panel member appointments have now formally ended.

4.4 Council called for applications for the community member Committee Member roles from 28 February through to 31 March 2025. This process was advertised on social media, community mailouts and through appropriate networks.

4.5 Applicants who applied to be community representatives were reviewed by officers, with recommendations to Council based on the extent to which community representatives met the key selection criteria.

4.6 The key selection criteria for representatives being appointed to assess Community Grants include:

4.6.1 Demonstrated commitment to supporting and strengthening a diverse community that encourages participation and inclusion of all residents.

4.6.2 Demonstrated understanding of issues impacting residents in the City of Port Phillip including young people, families and children, seniors, women and vulnerable community members.

4.6.3 Demonstrated knowledge of local community organisations and groups and awareness of local networks.

4.6.4 Experience in the administration of community funded projects and or Council grants assessment processes.

4.7 The key selection criteria for representatives being appointed to assess Cultural Development Fund - Projects include:

4.7.1 Demonstrated experience in the arts and creative industries.

4.7.2 Demonstrated experience on Boards and Committee, and or in funding or grants.

4.7.3 Demonstrated understanding of the purpose of local government grants.

4.8 Following Council’s endorsement of community member appointments, the new panel members will be inducted and trained in preparation for the grant application pre-assessment process scheduled to be conducted in July 2025.

4.9 Community Grants Program

4.9.1 This Program enables Council to partner with local community groups and organisations to deliver programs that support an Inclusive, Liveable, Sustainable and Vibrant Port Phillip community.

4.9.2 This Program has an annual budget of $285,000 and consists of three categories, Community Strengthening with a maximum funding of $10,000, Social Inclusion Partnerships with a maximum of $5,000 and Program Support with a maximum funding amount of $1,000.

4.10 Community Grants Assessment Reference Committee

4.10.1 This Reference Committee currently consists of two panels, with each panel consisting of a Councillor, Council Officer and two Council endorsed community members. This is due to the large numbers of applications the Community Grants process receives each year.

4.10.2 Officers have recently reviewed the Community Grants Assessment Reference Committee Terms of Reference (Attachment 3) and revised these to increase from two to four the number of Council Officers with subject matter expertise to join community representatives on the Assessment Reference Committee instead of Councillors. This is in response to the VAGO report tabled in 2022 that made recommendations regarding the mitigation of Fraud Control over local government grants, namely that Councillors not be involved in the process of assessing grant applications and then approving grant applications.

4.11 Cultural Development Fund – Projects.

4.11.1 This Fund is available to support artists and organisations to develop and realise creative projects.

4.11.2 This Fund has an annual budget of $125,000 with a maximum funding amount of $12,000.

4.12 Cultural Development Fund – Projects Assessment Reference Committee.

4.12.1 This Reference Committee currently consists of five community members and one Councillor.

4.12.2 Officers have recently reviewed the Cultural Development Fund Assessment Reference Committee Terms of Reference and revised these to include Council Officers with subject matter expertise to join community representatives on the Assessment Reference Committee instead of Councillors. This is in response to the VAGO report as outlined earlier.

4.12.3 This Reference Committee also includes a pool of committee members who may be drafted onto the Committee should a vacancy arise. Three applicants have been recommended to be allocated to the Committee pool.

5. CONSULTATION AND STAKEHOLDERS

5.1 Applications for both Assessment Reference Committees were open between 28 February and 31 March 2025.

5.2 Advertising took place in Community Sector e-news, webpages, social media, additionally the Community Grants applications were advertised in seek volunteer and the Cultural Development Fund utilised LinkedIn and ArtsHub.

6. LEGAL AND RISK IMPLICATIONS

6.1 Key selection criteria have been used for the selection process.

6.2 The Assessment Reference Committees are governed by a terms of reference that detail the identification and management of conflicts of interest.

6.3 The Assessment Reference Committees are provided an induction training which details identification and management of conflicts of interest.

7. FINANCIAL IMPACT

7.1 The Assessment Reference Committee positions are voluntary, and no remuneration is paid to the committee members.

8. ENVIRONMENTAL IMPACT

8.1 Committees are made aware of Council policies including the Act and Adapt: Sustainable Environment Strategy.

8.2 Community organisations with environmental themed projects may apply to the Community Grants Program.

8.3 Applications to Cultural Development Fund are required to consider sustainability measures in their events and projects.

9. COMMUNITY IMPACT

9.1 The Community Members on the Assessment Reference Committee strengthen inclusion of local community knowledge and experience during the assessment process.

9.2 The Community Grants Program offers opportunity for community groups, organisations and services to apply for funding for projects that:

9.2.1 Strengthen and leverage the capacity of local community groups and networks.

9.2.2 Enable access to inclusive and accessible events, program, and services particularly for: older people, people who identify as LGBITQA+, people with disability, people for multicultural background, First Peoples, people at risk of experiencing homelessness, and people experiencing social and economic disadvantage

9.2.3 Build social connections, value diversity and address health and wellbeing programs and support

9.2.4 Promote volunteering whilst enhancing the provision of community services, programs and support

9.2.5 Foster sustainability initiatives that maximise reuse and recycling opportunities and supports the circular economy

9.2.6 Support programs and projects that are innovative and or address local emerging needs within our community.

9.3 The Cultural Development Fund: Projects offer opportunity for artists and arts organisations to apply for funding for projects that:

9.3.1 Support artists and organisations to develop and realise creative projects in the City of Port Phillip.

9.3.2 Support capacity building, mentoring, partnerships or collaborative development, and arts engagement activities.

9.3.3 Support and engage diverse communities of all ages and backgrounds, including the development of work that engages with the wider Port Phillip community.

9.3.4 Generate arts, cultural and heritage activity in our neighbourhoods and precincts. supports the development and presentation of new work.

10. Gender Impact Assessment

10.1 The Assessment Reference Committee is neither a policy, program nor strategy, therefore a Gender Impact Assessment is not required.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 Both Assessment Reference Committees align with the current Council Plan 2021-31 through the following:

11.1.1 Inclusive Port Phillip – A place for all members of our community, where people feel supported and comfortable being themselves and expressing their identities

11.1.2 Vibrant Port Phillip - With a flourishing economy, where our community and local business thrive, and we maintain and enhance our reputation as one of Melbourne’s cultural and creative hubs.

11.1.3 Well-Governed Port Phillip - A City that is a leading local government authority, where our community and our organisation are in a better place as a result of our collective efforts.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 All community members will be advised of the outcomes of their application in late May 2025, following Council’s decision.

12.1.2 Induction and training of new committee members will commence in early June 2025.

12.1.3 The assessment reference committees will meet to deliberate during July 2025 for the assessment of applications.

12.1.4 The committee’s recommendations will be presented to Council in September 2025.

COMMUNICATION

12.1.5 All applicants will be telephoned and advised of Council’s decision and thanked for their interest in applying for the Reference Committees.

13. OFFICER MATERIAL OR GENERAL INTEREST

13.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. Confidential- Community Grants Assessment Reference Committee Recommendations

2. Confidential- Cultural Development Fund Reference Committee Recommendations

3. Terms of Reference for Community Grants Reference Committee⇩

4. Terms of Reference for Cultural Development Fund - Projects Reference Committee⇩

Meeting of the Port Phillip City Council

21 May 2025

10.1

Community Safety Response

Executive Member:

Lauren Bialkower, Acting General Manager, City Growth and Development

PREPARED BY:

Nellie Montague, Manager Safety and Amenity

Eden Aspinall, Divsional Performance and Improvement Lead

Sandra Khazam, Community Safety Lead

1. PURPOSE

1.1 To present the response to the 11 December 2024 Community Safety Notice of Motion, including the Roundtable Report and Recommendations from 19 March 2025

1.2 To provide Council an approach and engagement methodology for development of a new Community Safety Plan.

2. EXECUTIVE Summary

2.1 On 11 December 2024, Councillors endorsed a motion that Council:

1. Reaffirms its commitment to a safe, liveable and just community.

2. Requests that City of Port Phillip initiate a round table of key stakeholders, incorporating the City of Port Phillip, health, housing, community legal and social service providers, Victoria Police and other relevant stakeholders or recognised expertise to examine the current situation and review place-based models to address community safety issues in our high streets and surrounding areas.

3. Requests that the round table:

a) Provide advice and case studies from other jurisdictions on community outreach models and consider opportunities to ensure best practice in the City of Port Phillip;

b) Provide advice and case studies from other Council jurisdictions on how Local Laws can be used to provide community safety and protect the amenity of public spaces within the City of Port Phillip. The advice is to include consideration of Police protocols and operations with the City of Melbourne and their applicability to the City of Port Phillip;

c) Review the merit and feasibility of establishing an ongoing alliance to continue this work over the next four years.

d) Provide recommendations to Council on the above within the short and long-term.

4. Requests that the Mayor write to the Chief Commissioner of Victoria Police seeking advice and recommendations on Local Laws in the City of Port Phillip, and a proposal on how any changes to the Local Laws would be used and work in practice.

5. Notes that officers have commenced work on the update of the City of Port Phillip’s Community Safety Plan including opportunities for the public to share their lived experiences in relation to community safety and that Councillors will be updated on this regularly

Community Safety Roundtable

2.2 In response to the Notice of Motion, a Community Safety Roundtable was held on Wednesday 19 March 2025 with twenty stakeholders, including service providers with expertise in drug and alcohol support, housing, mental health, legal and academic expertise and Police, in attendance. It was chaired by Ian Gray AM, a long-time Port Phillip resident with experience in the legal, justice, and community sectors.

2.3 A subsequent report has been provided by Ian Gray (Attachment 1).

Community Safety Plan

2.4 The current Community Safety Plan (Attachment 3) is due to end in December 2025.

2.5 The engagement approach for the next Community Safety Plan recommends detailed questions to understand community concerns, and allows for broad and targeted community engagement, surveys, and in-person discussion to shape the 2025-2029 draft Plan. This approach will examine where, when, why and how people within our community feel safe and unsafe (Attachment 2).

2.6 Based on the complexity of the topic a series of workshops is proposed in addition to online and in person surveys, and targeted engagement with hard-to-reach groups, including younger people and other stakeholders.

2.7 Phase 1 engagement will help determine what priorities and actions are to be included in the draft Community Safety Plan and is proposed over a five-week period from May to June 2025.

2.8 The Community Safety Roundtable report will be available as part of engagement collateral for the Community Safety Plan Phase 1, with the opportunity provided for public comment. Potential amendments to the Community Amenity Local Law 2023 can also be tested in this phase. This is subject to a separate Council report.

2.9 Following the engagement process, a Council report will be presented in late August/early September 2025 with a draft of the Community Safety Plan 2025-2029 including actions over the five years of the Plan.

2.10 With Council’s endorsement, in late September the draft Community Safety Plan 2025-2029 Feel Safe. Be Safe. (working title) will be released for Phase 2 of public feedback. It is anticipated that the final Plan will be presented to Council for endorsement by December 2025.

3. RECOMMENDATION

That Council:

3.1 Notes officers’ response to the 11 December 2024 Community Safety Notice of Motion.

Section 1 Community Safety Roundtable

3.2 Thanks participants in the Community Safety Roundtable process for their commitment and valuable ideas and insights.

3.3 Notes the Roundtable Report and Recommendations by Ian Gray from the Community Safety Roundtable held on 19 March 2025.

3.4 Requests the Mayor write to Ian Gray thanking him for his contribution to the Community Safety Roundtable session and Report.

3.5 Publishes on Council’s website the Roundtable Report and Recommendations, the pre-reading provided to the roundtable participants and the submissions provided by participants, where the participants have agreed to their release

3.6 Refers the Roundtable Report Recommendations related to Local Laws and protocols to the engagement around the Local Laws amendment as outlined in the Local Law Response paper 21 May 2025.

3.7 Requests that Council officers:

3.7.1 review each recommendation in consultation with relevant stakeholders and considers community feedback as part of engagement on the Community Safety Plan

3.7.2 commence implementation of recommendations that are within the control of Council, are funded, and are regarded as operational or continuous improvement in nature by the CEO.

3.8 Requests the Mayor to send the Roundtable Report and Recommendations to the Chief Commissioner of Victoria Police.

Section 2 Community Safety Plan

3.9 Endorses the approach and engagement methodology for development of the new Community Safety Plan.

3.10 Notes that the Roundtable Report and Recommendations will form part of engagement for the development of the Community Safety Plan.

3.11 Notes a draft Community Safety Plan based on feedback from engagement will come back to Council for review in August/September 2025.

4. KEY POINTS/ISSUES

Community Safety Roundtable

Background to Council work around community safety

4.1 Community safety is a part of all aspects of our lives and is essential to health and wellbeing. Council plays a key role including through managing open spaces, fostering partnerships with community and service providers, activating our high streets, building social connection, and maintaining safe places.

4.2 One of the ways that Council improves community safety is preventing and reducing hardship and insecure housing. This topic, including rough sleeping and homelessness, was one of the key areas addressed through the Roundtable.

4.3 Council works in myriad ways to assist people sleeping rough through advocacy, funding of services, outreach and support for housing options. The Port Phillip Zero program, operational since 2019, has seen a marked decline in people sleeping rough. Council’s daily street sweeps by City Amenity, cardboard collection, rubbish removal and pressure washing contribute to a cleaner environment. With our partners, Council works to respond to the needs of all members of the community within the broader health and socio-economic pressures impacting more vulnerable cohorts.

4.4 However, there are circumstances whereby encampments develop which are more challenging for Council, Police and service providers to address. These circumstances sit outside the ‘business as usual’ approach of Port Phillip Zero, Local Laws and City Amenity and require a specific response to ensure safety and wellbeing for rough sleepers and those neighbouring residents.

Background to Jackson Street encampment

4.5 Between November and December 2024, individuals gathered in Jackson Street carpark, a small Council-owned carpark 50 metres away from Fitzroy Street. While the number of individuals varied and could spike, generally there were between 10 and 15 people gathering in the car park, sitting on the ground with items including mattress, trolleys, suitcases, pillows and bedding, bicycles, boxes etc.

4.6 Local residents complained to Council about the adverse amenity impacts including on 27 November 2024 when residents attended a Council meeting and raised concerns about people defecating and urinating in nearby residential properties, drug paraphernalia being clearly visible, the presence of rubbish and what appeared to be stolen goods, yelling and aggressive behaviour including late at night. Residents reported feeling intimidated and unsafe, describing ongoing adverse mental health and other impacts.

4.7 In response Council increased Local Law patrols, placed Council’s mobile CCTV camera in the carpark and requested additional assistance from drug and alcohol, housing and other service providers to help find suitable alternative accommodation and provide appropriate support for these individuals.

4.8 Whilst Local Law officers attended every morning and asked those camping to leave the area so that the area could be cleaned and used by motorists seeking to use the parking spaces, officers were threatened and did not feel safe entering the area without a police presence. Through Port Phillip Zero, local services continued with assertive outreach to engage with those rough sleepers who provided consent to support with accommodation or housing options and links to health supports. Following ongoing concentrated patrols with police support, over a period of time, the individuals that were sleeping on Jackson Street moved away.

4.9 Subsequently, on 11 December 2024, a Council motion supported a Community Safety Roundtable to bring people together with a range of experience, expertise and capability to identify both short-term and long-term actions to increase public safety and perceptions of safety in Port Phillip.

4.10 A pre-reading pack was developed to inform the discussion (Attachment 4). The pre-reading pack contained the following:

4.10.1 City of Port Phillip – what we currently do, including regulatory framework and partnerships with other services.

4.10.2 Benchmarking of selected Victorian Councils

4.10.3 Research and best practice models.

4.10.4 Regulatory lens / harm minimisation

4.10.5 Public place design and activation

4.10.6 Social cohesion

4.10.7 Community building / resilience programs.

4.11 The objectives of the Roundtable were:

· To review existing and propose new intervention and prevention models (including community legal, drug and alcohol, health, housing, and mental health services) and how they can be implemented and improved in the City of Port Phillip.

· To explore how Local Laws can be used to improve community safety and the amenity of public spaces within the City of Port Phillip.

· To consider and recommend actions that can be undertaken by Council, the State Government, Victoria Police, Service Providers and others to improve community safety and the perceptions of safety in the City of Port Phillip.

4.12 The Roundtable was hosted by the City of Port Phillip, chaired by Ian Gray AM and attended by community legal, health, housing, and social service providers, Victoria Police and other relevant stakeholders or people with recognised expertise or experience. The session sought to understand barriers and opportunities, sharing of expertise/experience and best practice models, and consider short- and longer-term outcomes.

4.13 Below is a summary of recommendations provided by Ian Gray. Detailed recommendations are available in Attachment 1:

· Victoria Police to increase resourcing for a ‘community/neighbourhood policing’ model to increase visible police presence public places, particularly in areas considered ‘hotspots.

· In dealing with people sleeping rough, Council maintain the existing partnership approach to community safety and the underlying recognition of human rights, and base that approach on agreed protocols.

· Develop a working protocol with Victoria Police to renew commitment to a collaborative approach by City of Port Phillip, Victoria Police and key support services to supporting homeless people (similar to that in place in City of Melbourne). Protocol should include:

o Expectations and obligations of all parties.

o Joint patrols (Victoria Police and City of Port Phillip).

o On-call availability of support services and outreach.

· City of Port Phillip to establish an Internal Lead Role to coordinate services and responses.

· Continue to collaborate with, fund, and support service providers, including renewal of Service Agreements to align with working protocol (above) and to provide clarity and accountability on outreach obligations.

· Continue to support the Port Phillip Zero partnership, including individual case management of complex issues and continue to improve its operation.

· Audit current housing availability and identify what is needed and where.

· Seek opportunities to identify/develop emergency short-term accommodation, with specific options for Aboriginal and Torres Strait Island people, including gathering places.

· Seek to identify/develop places for daytime socialising for those living on the streets.

· Audit existing ‘drop in’ support services in City of Port Phillip and identify opportunities to better meet needs of service users at a single location or ‘hub’.

· Examine adequacy of supports provided to assist people to ‘stay housed’.

· The design of some public spaces compromises community safety. Escalate CPTED (Crime Prevention Through Environmental Design) program of works in identified hotspot areas, where appropriate.

· Investigate the use of protective equipment for Local Law officers (e.g. stab-proof vests and essential emergency equipment).

4.14 It is proposed that, as part of the Community Safety Plan engagement, Council release the Ian Gray report, the pre-reading provided to the roundtable participants and the submissions provided by participants, where the participants have agreed to their release. Officers will then consider the report’s recommendations and any community comments as part of the development of the new Community Safety Plan, alongside community feedback received.

Community Safety Plan Engagement Approach

4.15 The current Community Safety Plan (Attachment 3) focuses on the built environment and cultural, social, and economic factors which impact health and wellbeing. Informed by the Council Plan, legislative requirements, harm minimisation and human rights principles, its approach is guided by gender equity, social justice, community strengthening partnerships and placemaking. It acknowledges that community safety is a shared responsibility across all tiers of government, communities, and organisations.

The Community Safety Plan comprises 39 strategies across the three priority areas and 66 actions. The operational plan comprises 101 sub-actions aligned to the 66 actions of which:

· 18% are complete.

· 82 % are on track.

4.16 The current Plan was endorsed by Council in 2019. In August 2023, due to the impact of Covid and lockdowns and the subsequent delayed delivery of actions, Council approved an update and extension of the Plan to 2025.

4.17 The approach to engagement for, and development of, the next Community Safety Plan provides detailed questions, and allows for broad and targeted community engagement, surveys, and in person engagement. The proposed engagement questions, methodology, stakeholders and timeline are presented in Attachment 2.

4.18 The engagement approach will:

· Explain Council’s role in community safety.

· Understand community members’ feelings and perceptions, priorities and experiences of safety in Port Phillip.

· Understand what would help community members to feel safer.

· Understand what community members consider to be priorities for safety.

· Understand what actions community members would like Council to take for community safety.

· Understand what part community members want to play (individual, collective) in community safety.

4.19 A set of Frequently Asked Questions, the Ian Gray Report, the Roundtable Prereading Information and other relevant resources will be available on the Have Your Say page.

4.20 Analysis of actions in the current Community Safety Plan, the recommendations from the Roundtable, information received through community engagement will inform the development of the new Plan and potential amendments to Local Laws. (Potential local law changes is subject to a separate council report.)

4.21 Recent deliberative engagement for the Plan for Port Phillip and Municipal Health, and Wellbeing Plan will also inform the development of the Plan.

4.22 Engagement reports for other recent strategies and plans will be reviewed for qualitative and quantitative data relevant to community safety.

4.23 Pre-engagement took place in 2024 with Council Advisory Committees and select stakeholders to test the approach and scope of questions.

4.24 A briefing to Councillors on the draft engagement findings and draft Community Safety Plan (working title: Feel Safe. Be Safe.) will be scheduled for late August/early September 2025.

4.25 The Plan will be benchmarked against other appropriate LGA community safety plans.

4.26 The new Plan will consider how design and activation of spaces can contribute to improved feelings and experiences of safety (such as the rebuild of the Adass Israel Synagogue and the development of Jim Duggan and Pakington Street Reserves).

5. CONSULTATION AND STAKEHOLDERS

5.1 Broad community engagement will be through an online survey (with optional extended version) available on Have Your Say. Survey questions are in Attachment 2 Printed copies of the survey will be available at Assist counters and in libraries and community centres. Translated versions in Greek and Russian will be circulated to culturally and linguistically diverse community groups and can be completed with the aid of an interpreter if required.

5.2 Neighbourhood Engagement Pop-ups will be held across the municipality, including in libraries and key community venues such as the Victorian Pride Centre. The engagement schedule is included in Attachment 2.

5.3 Council’s Advisory Committees will be engaged within their meeting schedules.

5.4 Targeted engagement with community members who face barriers to participate will be supported through housing and health partners.

5.5 Partner and organisational stakeholders, in addition to the Roundtable submissions, will also form a key part of the targeted engagement to explore issues, including what Council can achieve within its remit, and with partners, over the next four years.

5.6 Engagement on amendments to Local Laws can be incorporated within the survey as required.

5.7 The Ian Gray Roundtable report will be made available through the Have Your Say page (and as appropriate elsewhere on the Council website)

6. LEGAL AND RISK IMPLICATIONS

6.1 No legal or risk implications have been identified for the Community Safety Plan engagement approach.

7. FINANCIAL IMPACT

7.1 On 11 December Council endorsed $30,000 as one-off funding in 2024/25 for the preparation of a Community Safety Plan (including the Roundtable) and, subject to Budget 2025/26 development process, $30,000 as one-off funding for work, including legal advice, research, project management and community engagement costs.

7.2 Based on the current focus on community safety it is proposed that an additional budget of $30,000 be allocated for external consultants to undertake facilitated workshops across the municipality. This budget is being sought through reallocation of existing budget funding.

7.3 Additional ways Port Phillip funds services and initiatives relating to community safety include:

7.3.1 Provision of $250K in the draft 2025-2026 budget to fund enhanced social inclusion activities including volunteer coordination and development of a multicultural strategy.

7.4 Current Service Agreements with local services totalling over $1 million annually across 11 agencies specific to those who are vulnerable to or are experiencing homelessness.

7.5 4 full time staff in Community Building and Inclusion running Port Phillip Zero, administering the sponsored Housing List and implementing the Community Safety Plan, In Our Back Yard Affordable Housing Strategy.

7.6 Affordable Housing and Homelessness and In Our Back Yard Strategy funding of approximately $500,000 annually.

8. ENVIRONMENTAL IMPACT

8.1 Community safety has a significant effect on health and wellbeing. Improving experience and perceptions of safety can increase connectedness, social and cultural inclusion and cohesion, opportunities for social and physical activity, preventing and reducing hardship, and preventing and reducing incidents of crime and anti-social behaviour.

8.2 Community safety is a key concern for many in the community and engagement around community safety will be critical to best address these concerns.

8.3 Broad and deep engagement can create a more positive community impact. Engagement on community safety, and Local Law amendments if required, will ensure our community has been heard.

8.4 Council has an active role to play in creating safe and welcoming places, making people feel connected, and working proactively with partners. The proposed engagement approach will be a demonstration of this role.

9. COMMUNITY IMPACT

9.1 Where possible, the community safety response and engagement approach will minimise the use of paper products. However, to ensure broad engagement some collateral such as postcards, posters, hard copy surveys will need to be produced.

9.2 Engagement demonstrates Council’s commitment to addressing community safety. Improved experiences and perceptions of safety can support increased economic activity in high streets and shopping precincts.

10. Gender Impact Assessment

10.1 Research shows that women and gender diverse people can experience safety and perceptions of safety differently. A gender impact assessment, which will also apply a diversity and inclusion lens, has been applied to the engagement process, and will also be undertaken in the development of the next Community Safety Plan.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 The Community Safety Response aligns with Council’s strategic directions of Inclusive and Liveable. Council works to ensure a City that is a place for all members of our community and where all people feel supported in housing, health and wellbeing.

11.2 The City of Port Phillip shares our community’s concerns about safety and works proactively with our partners and the community in meeting expectations and delivering commitments to Port Phillip being a safe, liveable and vibrant place to live, work and visit.

11.3 The Community Safety Response directly addresses the Notice of Motion from 11 December and also speaks to the future focus of a new Community Safety Plan developed through active and considered engagement with our community.

12. proposed next steps

12.1 Engagement on the Community Safety Plan, potentially including broad questions relating to the proposed Local Law amendments and a draft amendment, will run for a five-week period from late May to late June 2025.

12.2 A briefing on the draft engagement findings, draft Community Safety Plan and any proposed amendments to the Community Amenity Local Law 2023 will be scheduled in late August/early September 2025.

12.3 Council endorsement to release the Draft Community Safety Plan for community feedback will be scheduled for late September 2025 and be open for three weeks. The final Plan will be presented to Council for endorsement by December 2025.

13. OFFICER MATERIAL OR GENERAL INTEREST

13.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. Final Community Safety Roundtable Report 13 May 2025⇩

2. DRAFT Community safety in Port Phillip engagement survey⇩

3. Community Safety Plan 2019-2025⇩

4. Community Safety Roundtable - 19 March 2025 - Meeting Pack⇩

Meeting of the Port Phillip City Council

21 May 2025

10.2

Local Law Response

Executive Member:

Lauren Bialkower, Acting General Manager, City Growth and Development

PREPARED BY:

Eden Aspinall, Divisional Performance and Improvement Lead

Sandra Khazam, Community Safety Lead

Nellie Montague, Manager Safety and Amenity

1. PURPOSE

1.1 To provide Council with the outcome of investigations on potential amendments to the Community Amenity Local Law 2023, including as outlined in the Notice of Motion from the Council Meeting on 19 February 2025 and seek approval for community engagement.

2. EXECUTIVE Summary

Local Law Review

Background

2.1 On 19 February 2025 Council passed a notice of motion to investigate proposed changes to the Council Local Law Clause 17 (Behaviour on Council land), Clause 42 (Camping on Council Land) and Clause 43 (Furniture and other items on Council Land and Footpaths) to identify if such changes could help address public safety and amenity concerns while considering human rights and other relevant factors.

2.2 The February Council motion followed a notice of motion on 11 December 2024 that requested a Community Safety Roundtable including health, housing, community legal and social service providers, Victoria Police and others to review models to address community safety including how Local Laws can be used to provide community safety and protect the amenity of public spaces. Council is considering a separate report on this matter at the 21 May Meeting.

2.3 The December 2024 notice of motion also requested that the Mayor write to the Chief Commissioner of Victoria Police seeking advice and recommendations on Local Laws in the City of Port Phillip. On the 24 January 2025, the Mayor wrote to the Chief Commissioner of Victoria Police (Attachment 1) requesting this advice.

2.4 A response was received on 7 February from Inspector Brett Coloe (Attachment 2) proposing a working group to develop the Local Law amendments. Police were supportive of a targeted change to the Local Laws to address the issue of encampments, complemented by a triaging approach with service providers to manage people and places of concern. Officers have been meeting regularly with Inspector Coloe to progress Local Law options.

Proposed Changes

2.5 The review of the proposed Local Law changes outlined in the Notice of Motion from the Council Meeting on 19 February 2025 did not identify conflicts with State Legislation, specifically the Victorian Charter of Human Rights, however, are unlikely to achieve their intended purpose because of doubt over whether camping is, in fact, interfering with the reasonable enjoyment of others. Any enforcement action therefore risks being overturned at court. While the Local Law may not contravene the Charter in theory, its implementation by authorised officers may contravene the Charter if, for example, its implementation contravenes the right of freedom of association or the right to move freely.

2.6 An alternative proposed amendment to the Local Law that seeks to address the concerns about encampments of groups of people on Council land, is able to be enforced, and that aligns with the Charter of Human Rights has been developed (outlined below).

2.7 This proposal does not amend the existing Local Law provisions dealing with camping. Instead, introduction of a new part (4A) is proposed to provide an exemption to the camping clause in a designated area for a defined period of time. In particular, for the specified period, camping would not be allowed in the area and the exemptions to the camping clause for those experiencing homelessness and with complex needs would not apply.

2.8 It is proposed that the enforcement of the new exemption would involve Council working with community service providers (drug and alcohol, mental health, housing etc) to support those in the encampment before enforcement by Council Local Law officers and Police. The role of community service providers and Police would need to be covered in a protocol to ensure clear roles and responsibilities in enforcement.

2.9 It is proposed that these amendments could be included in Phase 1 of the Community Safety Plan engagement from late May to late June 2025, to gather community feedback. This would also allow officers time to work with service providers and Police on a protocol.

2.10 Officers informed by this feedback and additional analysis would report back to Council on the results, provide a recommendation on whether or not to commence the statutory process to amend the Local Law, and if so, include recommended supporting procedures and protocols

3. RECOMMENDATION

That Council:

3.1 Notes the outcomes of investigations into potential amendments to the Community Amenity Local Law 2023 to address community safety, including those outlined in the Notice of Motion from the Council Meeting on 19 February 2025.

3.2 Notes that the Community Safety Roundtable Report includes discussion and recommendations on the Local Law amendments and protocols and that these have been considered in the Local Law review.

3.3 Notes that the review identifies challenges to implementing the proposed amendments from the 19 February 2025 Notice of Motion, but that Officers have identified a potential refinement that Councillors may wish to consider after further analysis and community, stakeholder, and staff engagement has been completed.

3.4 Notes that the proposed amendment includes the ability for the Chief Executive Officer to temporarily designate an area as a no encampment area in consultation with key stakeholders if the Chief Executive Officer is satisfied that:

· the amenity of the Council land or the amenity of land in the vicinity of the Council land is or is likely to be adversely affected; or

· the safety or welfare of a person is or is likely to be put at risk by three or more persons congregating on Council land with the intention or apparent intention of camping or sleeping there.

3.5 Notes that:

· such a designation would be considered an exceptional circumstance after existing and enhanced assertive outreach models with service providers and supportive conversations had failed.

· that enforcement of the potential amendment would not include fines, but instead, the removal and impoundment of equipment following provision of outreach and support services, where individuals have refused both a request and then warning to remove the material from the designated area.

3.6 Notes that Officers will commence investigating protocols with Police and Service Providers that would be a prerequisite for any successful implementation of the proposed amendment to the Local Law and to support people usually exempt under the Local Law Clause 42 Camping on Council Land.

3.7 Endorses engaging on the potential amendment to the Local Law Clause 42 Part 4A Encampment on Council Land as part of the Community Safety Plan, to allow community and stakeholders the opportunity to provide feedback which will in turn inform a further report to Council.

4. KEY POINTS/ISSUES

City of Port Phillip Local Laws Amendment Background

4.1 Between October and December 2024, individuals gathered in Jackson Street Carpark, a small council owned carpark 50 metres away from Fitzroy St. While the number of individuals varied and could spike, generally there were between 10 and 15 people with items including mattress, trolleys, suitcases, pillows and bedding, bicycles, boxes and other articles.

4.2 Local residents raised concerns with Council about the adverse amenity impacts including on 27 November 2024, when residents attended a council meeting and raised concerns about people defecating and urinating in nearby residential properties, drug paraphernalia, clearly visible drug use and dealing, the presence of rubbish and what appeared to be stolen goods, yelling and aggressive behaviour including late at night. Residents reported feeling intimidated and unsafe, being unable to sleep and described adverse mental health and other impacts.

4.3 In response, Council increased Local Law patrols, placed Council’s mobile CCTV camera in the carpark and worked with drug and alcohol, housing and other service providers to help find suitable alternative accommodation and provide required support. Local Law officers attended every morning and asked those camping to leave the area so that the area could be cleaned and accessed by motorists seeking to use the parking spaces. Local Law officers were being threatened and did not feel safe entering the area without Police. Local services continued with assertive outreach to support with accommodation or housing options and links to health supports. Following ongoing concentrated patrols with Police support, over a period of time, the individuals Jackson Street moved away.

4.4 Subsequently, on 11 December 2024, a Council motion supported a Community Safety Roundtable to bring together people with a range of experience, expertise and capability to identify both short-term and long-term actions to increase public safety and perceptions of safety in Port Phillip. The motion also asked for consideration of changes to Local Laws that would improve community safety and amenity. In addition, the motion requested that the Mayor write to the Commissioner of Police seeking advice and recommendations on Local Laws.

4.5 On 19 February 2025 the following notice of motion was supported:

That Council:

1. Requests officers to investigate the following:

a) the statutory process under section 73 of the Local Government Act 2020 for undertaking a Local Law amendment;

b) any regulatory compliance and application issues; and

c) an estimate of costs and timelines for the following City of Port Phillip Local Law changes to the current Local Law:

i. Replace 17(1b)

A person must not on or in Council land, a road or a footpath: “behave in a manner which unreasonably interferes with another person including sitting, sleeping or laying on or in the Council land, road or footpath.

ii. Replace section 42

“A person must not reside in temporary accommodation including a vehicle, tent, caravan or any good or chattel that enables a living arrangement or sleep on council land or in any public place.

iii. Replace section 43

1. A person must not place or cause to be placed on a footpath, access way, car park, public place or Council land any furniture or good or chattel that obstructs that footpath or accessway or enables a living arrangement or sleep.

2. An authorised member of Council staff or authorised Police officer may remove the furniture, good, chattel or item that enables a living arrangement or sleep where in the opinion of the Council staff member or authorised officer is in contravention of Section 43 (1).

3. An authorised member of Council staff or authorised Police officer may impound, confiscate or dispose of any item or items removed under Section 43 (1).

4. An authorised member of Council staff or authorised Police officer may in circumstances arising in contravention of Section 43(1) if in their opinion the furniture, good, chattel or property enabling a living arrangement or sleep where a person or persons deny ownership of the property and or the property in their reasonable belief has been abandoned. The Council staff member or authorised officer may impound, confiscate, or dispose of any item or items removed under Section 43(1).

2. Requests officers to provide a report back to Council by May 2025 or aligned to the timing of the feedback of the Roundtable discussions (whichever is sooner), including but not limited to the following:

a) advice on the extent of Council’s powers, and any duplication of other legislation

b) The requirement to adhere to human”

4.6 A comparison of the current Local Law and the changes proposed to the current Local Law by the notice of motion are detailed below.

Council Notice of Motion 19 February 2025

Current clause

Proposed amendment

17 Behaviour on Council land

(1) A person must not on or in Council land, a road or a footpath

(b) behave in a manner which unreasonably interferes with another person on or in the Council land, road or footpath.

17 Behaviour on Council land

(1) A person must not on or in Council land, a road or a footpath

(b) behave in a manner which unreasonably interferes with another person including sitting, sleeping or laying on or in the Council land, road or footpath.

42 Camping on Council land

(1) A person must not camp on any Council land or in any public place in a vehicle, tent, caravan or any other type of temporary or provisional form of accommodation.

(2) A person is not guilty of an offence under sub-clause (1) where that person establishes that they:

a) are homeless or in need of secure accommodation; or

b) have complex needs or is in the need of additional assistance because of mental or physical disability or illness.

42 Camping on Council land

(1) A person must not reside in temporary accommodation including a vehicle, tent, caravan or any good or chattel that enables a living arrangement or sleep on Council land or in any public place.

43 Furniture and other items on Council Land and Footpaths

(1) A person must not on a footpath or access way, place or cause to be placed any furniture that obstructs that footpath or accessway.

(2) Council may direct a person to remove any of the items in subclause (1).

(3) If a person fails to remove any item after being directed to do so, Council may seize any item and impound it in accordance with clause 78.

43 Furniture and other items on Council Land and Footpaths

(1) A person must not reside in temporary accommodation including a vehicle, tent, caravan or any good or chattel that enables a living arrangement or sleep on council land or in any public place.

(2) An authorised member of Council staff or authorised Police officer may remove the furniture, good, chattel or item that enables a living arrangement or sleep where in the opinion of the Council staff member or authorised officer is in contravention of Section 43 (1).

(3) An authorised member of Council staff or authorised Police officer may impound, confiscate or dispose of any item or items removed under Section 43 (1).

(4) An authorised member of Council staff or authorised Police officer may in circumstances arising in contravention of Section 43(1) if in their opinion the furniture, good, chattel or property enabling a living arrangement or sleep where a person or persons deny ownership of the property and or the property in their reasonable belief has been abandoned. The Council staff member or authorised officer may impound, confiscate, or dispose of any item or items removed under Section 43(1).

Table 1. Notice of Motion proposed amendment to the current Local Law

Local Laws Context

4.7 Officers examined Council’s power to introduce a Local Law as proposed by Council in its resolution of February 2025 above. Officers also considered alternative changes to address concerns about antisocial behaviour as demonstrated by the Jackson Street example, where this behaviour impacts on amenity, safety and perceptions of safety.

4.8 Council’s Local Laws are developed under the Local Government Act 2020. Council’s Local Laws Officers are authorised to issue warnings, Notices to Comply and infringement notices to people and organisations who breach the Local Law. They may impound items, goods, or equipment in relation to a breach. Police, not Local Laws Officers, have the training, equipment and authority to respond to move people on, or respond to criminal behaviour. Local Laws cannot be amended to provide Local Laws Officers with a power of arrest.

4.9 Council Local Laws currently cover:

4.9.1 Clause 17 – Behaviour on Council Land and Roads – a person must not create a nuisance, interfere with others, harass or fail to comply with directions from an Authorised officer.

4.9.2 Clause 42 – Camping on Council Land –a person must not camp, however people are exempt if they are homeless or have complex needs or are in need of additional assistance because of mental or physical disability or illness.

4.9.3 Clause 43 – Furniture and Other Items on Council Land and Roads – a person must not obstruct footpath or accessway; if items are not removed when asked items can be seized. Furniture includes bed frames, bed mattresses, chairs, tables, crates, kitchen appliances and the like.

4.9.4 Clause 78 – Where a person owning or responsible for items, goods or equipment has ignored a request from an authorised officer to remove them, the items can be removed or impounded.

Council’s role versus State Government’s role

4.10 The power to make Local Laws is provided by Section 71(1) of the Local Government Act 2020. Under this Act, Council powers are limited to making Local Laws that relate to its functions and powers. These functions and powers are inherently municipal in character and can only relate to Council roads, streets and footpaths. Councils cannot duplicate existing legislation or cross into the ‘field’ of State legislation (i.e. attempt to create legislation on a topic already covered by State legislation).

4.11 Under the Summary Offences Act (1966), Victoria Police have broad powers to ‘move on’ people who are breaching, or who are likely to breach the peace. Police can give a direction to a person in a public place to leave the public place if they are breaching, or likely to breach the peace, endangering, or likely to endanger the safety of another person, likely to cause injury to another person or damage to property or are otherwise a risk to public safety. Unlike Local Laws officer, Police have the training, equipment and authority to move people on, or respond to criminal behaviour.

4.12 Any new Local Law provision needs to respond to the limitations imposed by the Charter of Human Rights and Responsibilities Act (2006), (the Charter). The Charter recognises certain human rights, including:

· the right to enjoy human rights without discrimination.

· the right not to be treated or punished in a cruel, inhuman or degrading way.

· the right to move freely.

· the right not to have a person’s privacy, family, home or correspondence unlawfully or arbitrarily interfered with.

· the right to freedom of expression, the right of peaceful assembly.

· the right to freedom of association with others.

· the right not to be deprived of property other than in accordance with law.

4.13 Each of these human rights is not absolute. Each right can be limited or impaired depending on:

· the nature of the right being impaired.

· the nature and purpose of the limitation on that right.

· whether there is a rational connection between the limitation and its purpose.

· whether there exist less drastic means of achieving the purpose (i.e. whether there is a compelling alternative); and

· whether the means being proposed to achieve the objective justify the end.

4.14 Any changes to the Local Law require an Australian lawyer to certify that they are not inconsistent with the Charter before being included in a Local Law.

4.15 In response to the Council motion of 11 December 2024, the Community Safety Roundtable was held on 19 March 2025. While Police supported changes to the Local Laws (Attachment 3), most attendees who provided submissions on changes to Local Laws, including the changes proposed by Council in February 2025, expressed concerns about the potential human right infringements.

Assessment of proposed Local Law amendments in February resolution

4.16 Council’s legal advice is that the amendments proposed by Council in the resolution in February 2025 (as outlined above) may not contradict State legislation but are unlikely to achieve their intended purpose because of doubt over whether camping is, in fact, interfering with the reasonable enjoyment of others. Any enforcement action therefore risks being overturned at court. While the Local Law may not contravene the Charter in theory, its implementation by authorised officers may contravene the Charter if, for example, its implementation contravenes the right of freedom of association or the right to move freely.

4.17 The amendment will enable the CEO to designate certain areas as areas in which sleeping, and equipment cannot be present. It can be limited in duration. No exemptions will apply for people who are homeless or have complex needs.

4.18 The existing Clause 42 would remain (see Table 1) with the introduction of a new clause (Part 4A0 designed specifically to address encampments).

Proposed amendment to Community Amenity Local Law 2023

4.19 Instead, it is proposed a Part 4A – Encampment on Council Land be added to the current Clause 42 Camping on Council Land as outlined below:

Introduction - This Part is not intended to criminalise social or economic disadvantage or chronic health issues, nor to create barriers to seeking or receiving support from appropriate health and social services. People may be in vulnerable circumstances if they are: experiencing homelessness, socially, culturally or economically marginalised or experiencing chronic physical or mental health issues.

For these reasons, in situations in which provisions in this Part would usually apply, authorised officers must address the reason for the apparent breach of the provision and first offer the option of support through local health and outreach services and/or considering any non-punitive options set out in the Procedure and Protocol Manual.

Definitions - “encampment equipment” means any mattress, tent, sleeping bag, pillow, shelter, whether comprised of cardboard or otherwise, or other chattel whatsoever intended or obviously adapted to facilitate camping or sleeping.

Prescription by the Chief Executive Officer - A prescription is only to be made under this clause if the Chief Executive Officer is satisfied that:

a) the amenity of the Council land or the amenity of land in the vicinity of the Council land is or is likely to be adversely affected; or

b) the safety or welfare of a person is or is likely to be put at risk by three or more persons congregating on Council land with the intention or apparent intention of camping or sleeping there.

The prescription may also specify days or times between which a person must not make ready for use or have in their possession or control any encampment equipment in the Prescribed Area.

Power of Impoundment - If a person to whom a direction is given to remove encampment equipment does not comply with that direction, an authorised officer may remove and impound the encampment equipment.

4.20 The decision by the CEO or delegate for enactment of the encampment clause would be informed by triggers and criteria to be outlined in protocols with Police and service providers.

4.21 The use of the designation would be used as a last resort for intractable incidents unable to be resolved through existing laws and enhanced interventions as recommended in the Roundtable Report.

4.22 This amendment would not change the threshold for Police involvement, joint patrols and day-to-day support that would still be required.

Protocol with Police and service providers

4.23 If the amendment is supported by Council, it is proposed that Council consider pursuing the development of a protocol between Council, service providers and Police to guide enforcement. If the amended Local Law is not supported, the protocol is still recommended so Council, service providers and Police can formalise and seek to improve their response to rough sleeping generally, and encampments in particular.

4.24 The objective of the protocol is to build on existing practices seeking to ensure that council and community services are delivering a coordinated, targeted response to connect individuals to housing, mental health and drug and alcohol service providers. It will define processes, roles, responsibilities and pathways when encountering rough sleeping broadly and specifically when dealing with encampments. It also builds on the trauma-informed, culturally safe and human rights-based approach Council has historically taken to balance the rights of all people to be in public places, while respecting the right of communities to live in a safe and peaceful environment.

4.25 Protocols would be developed as part of the consultation on this proposed amendment and undertaken with the community, service providers and Police, then brought back to Council as part of the engagement findings.

4.26 Protocols with service providers are also a key recommendation of the Ian Gray Roundtable report. In summary the recommendation is

4.26.1 In dealing with homeless people, Council to maintain the existing partnership approach to community safety, and the underlying recognition of human rights, and base that approach on agreed protocols.

4.26.2 Develop a working protocol with Victoria Police to renew commitment to a collaborative approach by City of Port Phillip, Victoria Police and key support services to supporting homeless people (similar to that in place in City of Melbourne). The Protocol should include:

· Expectations and obligations of all parties.

· Joint patrols (Victoria Police and City of Port Phillip).

· On-call availability of support services and outreach.

4.27 The submission from Police to the Roundtable (Attachment 3) also supported a tailored approach with enforcement as a last resort. The Police submission is that:

‘The amendments to the Local Laws as described (in the February Council resolution) are strongly recommended with a caveat that execution is by way of a tiered response on the ground namely:

1. Intervention - that social and therapeutic intervention is undertaken primarily, intervention is swift and alternative living, sleeping, and gathering arrangements are implemented.

2. Assessment – that social and therapeutic agencies swiftly determine needs and alternative living, sleeping, medical and gathering arrangements are implemented should they be determined.

3. Enforcement - is undertaken by Local Laws Officers and the Neighbourhood Policing Team to dismantle encampments occupied by those who have rejected support or whom have been deemed as not requiring support.’

Case study – Jackson Street – how would the proposed alternative Local Law operate in practice?

4.28 As detailed above, the congregation of individuals between November and December 2024 in Jackson Street Carpark caused significant concern, particularly for surrounding residents. If an encampment clause had been available at that time the following process would have taken place:

4.28.1 The CEO (or delegate) could formally designate the Jackson Street Carpark as a ‘no encampment’ area. In designating an area as a ‘no encampment’ area, the CEO could consider the number of people gathering (more than three), the amenity and safety and wellbeing impact (amount of items being gathered i.e. rubbish, bikes, bedding, goods etc.), antisocial and criminal behaviour noise etc.

4.28.2 Designation must be published on the council website and signage would be placed around the perimeter of the car park.

4.28.3 Service providers (as formalised in protocols) would ensure contact was made with all people camping to ensure they were receiving help from housing, drug and alcohol addiction and mental health support as required

4.28.4 Local Laws officers together with Police as needed would have conversations with the individuals to ensure they understood why the area had been designated as a ‘no encampment area’ and encourage them to leave

4.28.5 If after all of the above, individuals are still gathering, Local Laws officers, working with Police could commence removing all furniture, bedding and personal items for storage so that they could be collected by their owners or, if they were not collected, they would be destroyed.

4.28.6 On expiry of any specified period or the removal of the gathering the CEO (or delegate) would decide about the expiry or continuation of a no encampment area.

Scope of proposed Local Law and enforcement

4.29 As noted above the only formal tools to enforce Local Laws are to issue a Notice to Comply followed by infringements and the removal of items in the public domain. The fine amount is tied to State Government set penalty units (currently one penalty unit is $197.59). The current penalty for anti-social behaviour on public land is $296.39 and for camping and furniture infringements is $395.18.

4.30 In practice in circumstances like Jackson Street, Local Laws rarely issue infringements because they are not effective and can be counterproductive if the issuing creates a hostile atmosphere. The primary focus of Local Law officers is to connect individuals to services and where required, ask individuals to leave so that the area can be cleaned or washed and litter removed as required.

4.31 Local Laws officers ask individuals to remove belongings (to allow for cleaning). Where belongings are left behind, they can be taken for storage and subsequent collection. Where, as in Jackson Street, Council officers are concerned about their safety, they will request a Police presence. Individuals have not been forced to move and belongings have not been forcibly removed from individuals. Generally, there is compliance with the Local Law officer requests and the individuals do leave the area, although they often return.

4.32 The Courts distinguish between people making choices about their behaviour and those whose choices are limited by their circumstances. Fines that are issued for behaviour such as camping that is intrinsically linked to homelessness are usually waived if progressed to court. Concerns about issuing fines were raised by submissions to the Roundtable from local service providers.

4.33 In view of these concerns and the ineffectiveness of infringements, it is recommended that the enforcement of the amendment does not include fines. Instead, the focus would be on the removal and impoundment of equipment and the right to reclaim. This would result in any valuable or treasured items being stored and subsequently accessed.

4.34 Removing material such as bedding, clothing, chairs, bikes and other items from encampments may act as a deterrent without issuing fines. Noting that the removal will only occur after the individuals have been asked to remove the material from the designated area and then warned that they will be removed.

4.35 The proposed encampment Local Law amendment requires the CEO to consider the amenity, safety and wellbeing impacts of enacting the clause. It targets gatherings that directly impact residents and traders and may not apply to, for example, the foreshore due to the distance of the foreshore to residential and commercial properties.

Local Law Review Process and Engagement

4.36 Before a council makes or substantially alters a Local Law it must comply with the following procedure as outlined in the Local Government Act 2020.

4.36.1 The Local Law must be made in accordance with Council’s community engagement policy – this requires at least 28 days of consultation to ensure time for our community to understand and give feedback on any proposed changes.

4.36.2 Publish a notice on the Council website regarding the objectives, intended effect, where copies of the draft Local Law are available and the community engagement process that applies.

4.36.3 Once community consultation has occurred a certificate must be obtained from an Australian lawyer with a minimum of 5 years post-admission experience, stating that the proposed Local Law is consistent with Local Law requirements, including that it is not inconsistent with the Charter of Human Rights and Responsibilities Act 2006 and does not duplicate or is inconsistent with any other Act or Planning Scheme.

4.36.4 The certificate must be tabled at the Council meeting with the proposed Local Law, following engagement.

4.36.5 A notice must then be published in the Government Gazette and Council website.

4.36.6 Of note is the requirement that Council cannot make any substantial changes to the wording of a Local Law that has had community engagement undertaken; any changes after engagement would require recommencing the whole process.

4.37 Council has received a separate report on the Community Safety Plan (Community Safety Response report 21 May meeting) which recommends a two phased engagement approach on the development of a new Community Safety Plan. Phase 1 is proposed for 5 weeks between May and June. Subsequently, in August/September Council will receive a report on the outcome of the engagement.

4.38 It is recommended that engagement on any proposed changes to the Local Law aligns with the Community Safety Plan. If Council does proceed with this option, the engagement on the proposed Local Law amendment can commence shortly after the 21 May Council meeting and run for a five-week period from late May to late June. A report on the draft engagement findings, draft Community Safety Plan and proposed amendments to the Community Amenity Local Law 2023 will be scheduled in late August/early September 2025. The formal statutory Local Law amendment process can be considered at that meeting.

4.39 The first phase engagement will allow Council to consider the Local Law amendment and any changes in the context of feedback from the community. It will also allow Council to explore the option of a protocol with service providers and Police. Should Council wish to proceed with a Local Law amendment, this approach does require the subsequent commencement of the formal statutory process including further community engagement.

Benchmarking summary

4.40 A summary of Local Law approaches pertaining to community safety is provided for the following Councils (See Attachment 4):

· City of Melbourne

· Frankston City Council

· Knox City Council

· Stonnington City Council

· Glen Eira City Council

· Yarra City Council

4.41 Merri-bek and Port Phillip are the only councils with an exemption for rough sleepers to their Camping on Public Land Local Law. Melbourne has a protocol with Victoria Police around dealing with community safety issues.

4.42 Most other Councils have homelessness protocols, guidelines or alliances to support people experiencing homelessness without issuing infringements as a primary method of enforcement.

Joint Letters and Petitions

4.43 Council has received one joint letter and one petition in relation to the Local Law amendments, in particular regarding the proposed Local Law amendment wording in the February 2025 motion (see Table 1).

4.44 On 2 May Council received a joint letter opposing the Local Law amendment from the February motion signed by CEOs of four organisations including Southside Justice, First Step, Justice Connect, Fitzroy Legal Service and Inner Melbourne Community Legal, the letter was also endorsed by twenty-eight other services (see Attachment 5).

4.45 A petition was received on the 13 May containing 1194 signatures (199 hard copy). The petition asserts that Council Homelessness is not a crime - but new local laws being considered by Port Phillip Council would change that. These laws would authorise council officers to fine people for sitting, sleeping or lying on any public land (See Attachment 6).

5. CONSULTATION AND STAKEHOLDERS

5.1 Engagement on amendments to Local Laws can be incorporated within the Community Safety Plan engagement collateral. This is due to occur late May to late June 2025.

5.2 Questions related to the Local Law amendments will be included in the online survey available on Have Your Say. Printed copies of the survey will be available at Assist counters and in libraries and community centres. Translated versions in Greek and Russian will be developed and circulated to culturally and linguistically diverse community groups to be completed with the aid of an interpreter if required.

5.3 Neighbourhood Engagement Pop-ups will be held across the municipality, including in libraries and key community venues such as the Victorian Pride Centre.

5.4 Council’s Advisory Committees will be engaged within their meeting schedules.

5.5 Targeted engagement with community members who face barriers to participate will be supported through housing and health partners.

5.6 Partner and organisational stakeholders including Victoria Police, in addition to the Roundtable, will form part of the engagement especially around protocols for the Local Law amendment.

6. LEGAL AND RISK IMPLICATIONS

6.1 The Local Government Act (2020) sets out the procedure for Council to follow in the review of its Local Law. The Department of Planning and Community Development Guidelines for Local Laws Manual sets out these procedures in further detail.

6.2 These provisions also place restrictions on what Council may or may not include in its Local Law, for example a Local Law must not overlap, duplicate, conflict with or be inconsistent with existing legislative provisions or Planning Schemes.

6.3 This means that matters covered by State legislation cannot be repeated or contradicted or added to in a Local Law provision.

6.4 As required under the Act, Council must obtain a certificate from a qualified person stating that they are of the opinion that the proposed Local Law is consistent with the Local Law requirements. External lawyers will be engaged for this purpose.

7. FINANCIAL IMPACT

7.1 Funding for Local Law amendments including legal review has been requested through the budget for 2025/2026.

8. ENVIRONMENTAL IMPACT

8.1 Where possible, the Community Safety Plan engagement approach will minimise the use of paper products. However, to ensure broad engagement some collateral such as postcards, posters, hard copy surveys will need to be produced.

9. COMMUNITY IMPACT

9.1 Community safety is a key concern for many in the community, with submissions and information already received by officers through Councillors and directly. Engagement on community safety, and Local Law amendments if required, will ensure that all in our community can provide feedback

10. Gender Impact Assessment

10.1 Research shows that women and gender diverse people can experience safety and perceptions of safety differently. A gender impact assessment, which will also apply a diversity and inclusion lens, will be undertaken in the development of the next Community Safety Plan.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 The Local Law supports the delivery of the Liveable Port Phillip and Well Governed Port Phillip strategic directions.

12. PROPOSED NEXT STEPS

12.1 Consultation on the Community Safety Plan, including broad questions relating to the proposed Local Law amendment, will commence as soon as possible after endorsement and run for a five-week period from late May to late June.

12.2 A briefing on the draft engagement findings, draft Community Safety Plan and proposed amendments to the Community Amenity Local Law 2023 will be scheduled in late August/early September 2025.

12.3 Council authorisation for commencement of the statutory process for the making of the proposed Community Amenity Local Law 2023 amendment in accordance with the Local Government Act 2020 will be scheduled for after that date (if required).

12.4 Engagement will be open for four weeks. The final Local Law will be presented to Council for adoption and gazettal in approximately December 2025.

13. OFFICER MATERIAL OR GENERAL INTEREST

13.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. CoPP Letter to Chief Commissioner Shane Patton 24 January 2025⇩

2. VicPol response to Mayor Letter - 7 Feb 2025⇩

3. VicPol Submission to the Community Safety Roundtable Submission April 2025⇩

4. Benchmarking Extract - Community Safety Roundtable - Meeting Pack - March 2025⇩

5. Joint Letter - Potential amendments to the City of Port Phillip Local Laws⇩

6. Excerpt of Petition - We Oppose Fining People for Homelessness⇩

Meeting of the Port Phillip City Council

21 May 2025

10.3	Chapel Street, St Kilda - Proposed Pedestrian Operated Signal
Executive Member:	Lauren Bialkower, Acting General Manager, City Growth and Development
PREPARED BY:	Arian Menxhiqi, Transport Engineer

1. PURPOSE

1.1 To seek Council endorsement for the delivery of a Pedestrian Operated Signal (the project) on Chapel Street, St Kilda where the design and construction of the project is funded by St Michael’s Grammar School.

2. EXECUTIVE Summary

2.1 Traffic engineering consultant, One Mile Grid, has approached Council on behalf of St Michael’s Grammar School with a proposal to construct a Pedestrian Operated Signal (POS) outside the school’s campus on Chapel Street, St Kilda.

2.2 St Michael’s Grammar are seeking to improve safety for their students and to fund the design and construction which officers have estimated could cost $1M.

2.3 The midblock crossing on Chapel Street will also provide residents with an alternative safer central crossing point reducing the need to cross at the signalised intersection with Dandenong Road to the north or Alma Road to the south.

2.4 While officers support the proposed project on this Council managed road, it has not a Council priority project. This is due to the low-speed environment of Chapel Street with no pedestrian crashes occurring at the existing school crossing or on Chapel Street within the immediate vicinity of the project.

2.5 St Michael’s Grammar are unwilling to fund Council’s costs generated by this proposal. The estimated costs Council will incur are up to $75,000 comprising community consultation, project management and legal fees. These project costs would be covered by the Sustainable Transport Reserve as part of our pedestrian infrastructure improvements

2.6 One Mile Grid have indicated that detailed design, tendering and construction will take approximately 6 months. The works are expected to be completed within the 2026 calendar year likely within the school holiday period to avoid impacting students

2.7 Once the project has been delivered the ongoing annual maintenance fees are anticipated to cost approximately $8,000 adjusted for CPI year on year and will be added to the list of traffic signals Council manage and maintain.

3. RECOMMENDATION

· Do not use abbreviations or acronyms.

That Council:

3.1 Endorses Council officers’ delivery of a Pedestrian Operated Signal (the project) along Chapel Street, St Kilda where the design and construction of the project is funded by St Michael’s Grammar School.

3.2 Allocates $75,000 to undertake community engagement and for project management and legal fees and any other costs associated with the design and construction of the project for 25/26.

3.3 Endorses Council funding the ongoing maintenance of the pedestrian operated signal.

4. KEY POINTS/ISSUES

4.1 St Michael’s Grammar has a school crossing outside their campus on Chapel Street staffed with a supervisor from 8 AM to 5 PM. The school provides a financial contribution to the cost of the school crossing supervisor to fund these extended hours.

4.2 In July 2024, traffic engineering consultant, One Mile Grid, approached Council officers advising they have worked with St Michael’s Grammar School to develop a proposal to install a Pedestrian Operated Signal (POS) outside the school on Chapel Street, St Kilda. St Michael’s Grammar are seeking to improve pedestrian safety for students crossing the road between campuses, in response to concerns about the current crossing conditions.

4.3 One Mile Grid have prepared a report reviewing the proposal and including a concept design of the treatment and surveys undertaken. A copy of the concept design is shown below, and the full report is attached as Attachment 1.

4.4 Surveys undertaken by One Mile Grid revealed that 833 pedestrians cross from 7 AM to 7 PM on a weekday, with 130 crossings between 5–7 PM, likely from extracurricular activities.

4.5 One Mile Grid obtained preliminary support from the Department of Transport and Planning (DTP), and Yarra Trams which are two key stakeholders vital for the success of the project. Chapel Street is a Council managed road.

4.6 Council officers support the proposed project as it will provide a safer mid-block crossing point for school students moving between campuses. It will also provide safer pedestrian access to the institutions and community facilities adjacent to St Michaels Grammar School along Chapel Street.

4.7 However, the crossing is not considered a priority project for internal budget submission. This is given the low-speed environment of Chapel Street, and no pedestrian crashes formally recorded on or near the school crossing in the five years to June 2024. A consultant cited one crash, but it couldn't be verified in state records.

4.8 Traffic surveys conducted in 2019, prior to the introduction of the all-day 40 km/h speed limit in early 2022, recorded an 85th percentile speed of approximately 33 km/h along the school frontage. It is expected that vehicle speeds have decreased further following the implementation of the all-day 40 km/h limit. Council has previously constructed kerb extensions at the school crossing and installed speed radar signs to encourage drivers to travel at a safe speed.

4.9 Council and the state government typically allocate $1M at a high level for the design and construction for POS projects. St Michael’s Grammar have agreed to fund the design and construction of the proposal and any associated overruns to improve safety for their students.

4.10 Council would fund internal costs generated by the proposal including consultation, legal advice to prepare a Heads of Agreement, project management fees and on-going maintenance of the asset. The cost of consultation, project management fees and legal costs are estimated to cost $75,000, and maintenance fees are anticipated to cost approximately $8,000 adjusted for CPI year on year.

4.11 All approvals from third parties for detailed design and construction will need to be obtained by the consultant engaged by the school e.g. CitiPower, Yarra Trams, DTP etc. Costs associated with obtaining permits from external authorities will be paid for by the school.

4.12 Council will be a referral body throughout this process including providing approval on the final designs, to ensure the project is designed and delivered in accordance with Council’s standard technical drawings and specifications.

4.13 Upgrading the crossing to a POS will enhance safety for students crossing and promote active travel to the school in alignment with the Integrated Transport Strategy.

5. CONSULTATION AND STAKEHOLDERS

5.1 Council’s Transport Safety team will seek feedback from the community by sending a notification letter to the surrounding area. Owners and occupiers will be requested to provide feedback on the proposal within a 4-week consultation period.

5.2 Officers will publish a Councillor note summarising feedback received from community engagement.

6. LEGAL AND RISK IMPLICATIONS

· intranet page for guidance.

6.1 Officers will enter into a Heads of Agreement with St Michael’s Grammar School to formalise the roles and responsibilities for the delivery of the project.

6.2 There is a risk that Council will set a precedent for the private funding for the delivery of infrastructure on publicly managed land. Council will need to assess any future requests on a case-by-case basis, based on the wider benefits provided to the community if further requests are received.

6.3 St Michael’s Grammar School will be required to provide a detailed costing completed by a quantity surveyor at their cost and share this with Council prior to the commencement of construction woks.

6.4 A restricted number of contractors are able to undertake the works as only VicRoads prequalified contractors can work on and maintain traffic signal assets. The limited number of contractors may impact project timelines.

7. FINANCIAL IMPACT

· Financial\resource impact:

· Provide details on budget implications.

7.1 Council will fund the following components of the project:

· Community engagement: $10,000

· Project management of detailed design and construction: $60,000

· Legal cost (Heads of Agreement): $5,000

· On-going annual maintenance of the POS from operational budget: $8,000 (adjusted for CPI)

These are high level estimates, and any savings will be returned to the Sustainable Transport Reserve.

8. ENVIRONMENTAL IMPACT

8.1 Providing a safe crossing for students will encourage active travel and enable students to feel confident walking to school.

8.2 Parents who currently drive to school due to safety concerns are more likely to adopt active travel options, reducing their reliance on private vehicles as a mode of transport. This shift helps alleviate traffic congestion, lower emissions, and eases parking pressures while also supporting the Council's sustainability goals.

8.3 While the project has been initiated by the school to facilitate a safer crossing environment for students, the proposed POS will also deliver broader benefits. A midblock crossing will provide residents with a safe midblock crossing reducing the need for pedestrians to cross at the signalised intersection with Dandenong Road to the north or Alma Road to the south.

9. COMMUNITY IMPACT

· Economic impact:

9.1 Providing a safe crossing for students will create a safer and more accessible environment for students, encouraging them to walk to school.

9.2 Walking to school promotes healthier lifestyle choices by integrating more physical activity into students’ daily routines.

9.3 Active travel can also contribute to mental wellbeing by providing students with an opportunity to start their day with physical movement and help increase focus.

9.4 On-street parking is not anticipated to be impacted subject to detail design and any recommendations made from a Road Safety Audit.

9.5 Officers will review the construction methodology to ensure the disruption to the community is managed appropriately.

10. Gender Impact Assessment

· Please refer to GIA intranet page to determine if a GIA is required.

10.1 A gender impact assessment can be done during detailed design.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

· 5 – Well Governed Port Phillip

11.1 The proposal aligns with Action 15 from Council’s Integrated Transport Strategy (Move, Connect, Live 2018-2028): Deliver pedestrian projects that create safe, high amenity walking routes and reduce barriers to crossing major roads.

11.2 It also aligns with Action 16 of this strategy: Work with school communities to support active travel to school as a popular, safe and easy travel option.

11.3 The proposal also aligns with the Council Plan Strategic Direction of Liveable: A City that is a great place to live, where our community has access to high quality public spaces, development and growth are well-managed, and it is safer and easy to connect and travel within.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 One Mile Grid have indicated that detailed design, tendering and construction will take approximately 6 months.

12.1.2 The works are expected to be completed within the 2026 calendar year likely within the school holiday period to avoid impacting students. The construction methodology will need to ensure disruption to the community is managed appropriately.

12.2 COMMUNICATION

· List any key messages.

12.2.1 The impacted community will be consulted on the proposal with a 4-week consultation period to gather feedback.

12.2.2 A summary of feedback will be provided to Councillors via a Councillor Note.

12.2.3 The community will be notified of planned works prior to construction. This notification will be done by the construction contractors on behalf of the school advising the impacted residents of any disruptions during construction works.

13. OFFICER MATERIAL OR GENERAL INTEREST

13.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. One Mile Grid - St Michaels Grammar School POS Report⇩

Meeting of the Port Phillip City Council

21 May 2025

10.4

Submission to Victoria’s draft 30-year infrastructure strategy

Executive Member:

Lauren Bialkower, Acting General Manager, City Growth and Development

PREPARED BY:

Luke Rogers, Strategic Planner

Mike Fisher, Manager City Planning and Sustainability

1. PURPOSE

1.1 The purpose of this report is to seek endorsement from Council for the City of Port Phillip’s officer submission to Infrastructure Victoria regarding ‘Victoria’s Draft 30-Year Infrastructure Strategy’.

1.2 This report also seeks to inform Council of the submissions made by the Metropolitan Transport Forum (MTF) and the Melbourne 9 (M9) to Infrastructure Victoria regarding ‘Victoria’s Draft 30-Year Infrastructure Strategy’ and to have those submissions noted.

2. EXECUTIVE Summary

2.1 The City of Port Phillip (CoPP) has a need for strategic and targeted infrastructure investment to meet the many needs of residents and visitors. For the CoPP to realise the provision of the infrastructure that the municipality requires, Council needs to work in partnership with the Victorian Government and others.

2.2 Infrastructure Victoria (IV) are an advisory body of the Victorian Government and is in the process of completing ‘Victoria’s 30-Year Infrastructure Strategy’ (the Strategy).

2.3 As part of the process to complete the Strategy, IV have released ‘Victoria’s draft 30-Year Infrastructure Strategy’ (the draft Strategy) and called for submissions by stakeholders to shape the Strategy.

2.4 An officer led submission (the CoPP submission) to IV has been prepared. It outlines the aspects of the draft Strategy that align with existing endorsed strategies and policies of Council, as well as areas where the draft Strategy could be improved.

2.5 Key sections of the CoPP submission include advice regarding the Fishermans Bend Urban Renewal Area, required tram links, Melbourne Metro 2 (MM2), transport and road infrastructure, social housing, community facilities, the role of infrastructure in climate change mitigation and resilience, and its role in economic development, amongst other areas.

2.6 The submission is included as Attachment 1.

2.7 In addition to the CoPP’s submission, officers have also been involved in submissions to IV from groups of which the CoPP is a member.

2.8 The Metropolitan Transport Forum (MTF) has provided a submission to IV’s draft Strategy, outlining their priorities for infrastructure provision, particularly in the realm of transport. There are areas of overlap between the MTF’s submission and the CoPP’s priorities, which are outlined in this report.

2.9 The MTF’s submission to the draft Strategy for noting is included as Attachment 2.

2.10 The Melbourne 9 (M9) has also provided a submission to IV’s draft Strategy, outlining the common infrastructure challenges faced by Melbourne’s largest councils. The areas of the M9 submission that align with CoPP’s priorities and the CoPP submission are also outlined in this report.

2.11 The M9’s submission to the draft Strategy for noting is included as Attachment 3.

3. RECOMMENDATION

That Council:

3.1 Notes and expresses its support for the officer submission to Infrastructure Victoria regarding ‘Victoria’s Draft 30-Year Infrastructure Strategy’.

3.2 Notes the Melbourne Transport Forum’s submission regarding ‘Victoria’s Draft 30-Year Infrastructure Strategy’.

3.3 Notes the Melbourne 9’s submission regarding ‘Victoria’s Draft 30-Year Infrastructure Strategy’.

3.4 Authorises the Chief Executive Officer (or their delegate) to engage with Infrastructure Victoria to further the stated aims of the officer submission to Infrastructure Victoria regarding ‘Victoria’s Draft 30-Year Infrastructure Strategy’.

4. KEY POINTS/ISSUES

Victoria’s 30-Year Infrastructure Strategy

4.1 Infrastructure Victoria (IV) is an independent advisory body that advises the Victorian Government on specific issuing regarding infrastructure. IV does not directly oversee, construct or fund infrastructure in Victoria.

4.2 One of the key functions of IV is producing the 30-Year Infrastructure Strategy for Victoria, outlining the infrastructure directions and priorities for the state. The Strategy is updated every 3 to 5 years and was last updated in 2021.

4.3 The current draft strategy was released for consultation on 4 March 2025, days after the Victorian Government released its final strategic land use plan ‘Plan for Victoria’. The period for IV to receive submissions on the draft Strategy closed at 5:00pm on 28 April 2025.

4.4 The draft Strategy included 6 objectives. The objectives are overarching statements that are designed as goals that will shape the delivery of infrastructure in Victoria. These objectives are as follows:

· Objective 1: Victorians have good access to housing, jobs, services and opportunities.

· Objective 2: Victorians are healthy and safe.

· Objective 3: Aboriginal people have self-determination and equal outcomes to other Victorians

· Objective 4: Victoria has a thriving natural environment.

· Objective 5: Victoria is resilient to climate change and other future risks.

· Objective 6: Victoria has a high productivity and circular economy.

4.5 In addition to the objectives, the draft Strategy includes 43 draft recommendations and 7 future options. The recommendations propose actions should be started within the next 5 years, while the future options are actions that will likely be needed over the next 30 years, but do not necessarily require action in the next 5 years.

4.6 Pursuant to the Infrastructure Victoria Act 2015, the Victorian Government is required to respond to any recommendations made in the final Strategy.

4.7 Once the Strategy has been finalised, it will be tabled in the Victorian Parliament. IV has stated that this is expected to be in late 2025, although a specific date has not been provided.

CoPP Submission to Victoria’s Draft 30-Year Infrastructure Strategy

4.8 Officers completed and submitted a submission to IV’s draft Strategy on 28 April 2025.

4.9 Officers held an informal session with Councillors prior to the completion of the CoPP submission to discuss the infrastructure priorities that should be highlighted.

4.10 The content of the CoPP submission is drawn from adopted strategies and policies of Council. These include, but are not limited to, the following: Move, Connect, Live: Integrated Transport Strategy 2018-2028, Act and Adapt Sustainability Strategy 2023-28, City of Port Phillip Housing Strategy 2024-2039, In Our Backyard: Growing Affordable Housing in Port Phillip 2025-2025 and the Spatial Economic and Employment Framework 2024.

4.11 The CoPP submission generally supports most of the recommendations outlined by IV in the draft Strategy. However, officers have suggested that some should be emphasised or improved to strengthen outcomes. One additional recommendation regarding the use of recycled materials in infrastructure has been proposed for inclusion, and a future option regarding the provision of affordable housing has been recommended to be elevated to a formal recommendation.

4.12 Officers highlighted the need for urgent and strategic infrastructure investment in the Fishermans Bend Urban Renewal Area, which is central to much of the projected growth in the CoPP and vital to the growth of Melbourne as a whole.

4.13 The expansion or upgrading of infrastructure in established suburbs was also highlighted, with the reform of Development Contribution Schemes noted as vital to allow this to occur.

4.14 Transport improvements were outlined as priorities for the CoPP, including the provision of tram links to Fishermans Bend and the completion of Melbourne Metro 2 (MM2), both vital for the economic and residential growth of the City.

4.15 Additionally, the improvement of the cycling network, accessibility of transport options, pedestrian safety, modern traffic control, and reliable bus services were also highlighted as key needs.

4.16 The impact of climate change, particularly flooding, is a significant and growing risk for CoPP, as a municipality located on the foreshore of Port Phillip Bay. The CoPP submission has outlined the need for the Strategy to focus on climate change resilience and mitigation.

4.17 Climate change resilience and mitigation includes the need for significant investment in flood mitigation infrastructure, such as updated large- and small-scale drainage system improvements and waster-sensitive urban design. The need for improvement of energy efficiency infrastructure for households and other buildings is another key message of the CoPP submission.

4.18 CoPP has a long history of providing, or supporting, social housing in our municipality. Officers have underlined the critical need for the provision of social housing, and the need for that housing to be well located in close proximity to good quality infrastructure. The CoPP submission strongly recommends an affordable housing mandate be included as a recommendation to be acted upon within the next 5 years.

4.19 The CoPP submission has outlined the need for investment in infrastructure for community development. There is a need for community facilities that meet the growing and diverse needs of the population of our municipality. While libraries and similar services are required, more flexible and modern community centres are needed.

4.20 Finally, officers have stressed the need for targeted infrastructure provision to allow the continued economic growth of CoPP and to sustain the local economy. This is needed to support tourism, hospitality, creative industries and innovation. CoPP submission calls for enhancing public spaces and event infrastructure and ensuring access to high-quality digital technologies that better design, build, operate and maintain government infrastructure.

4.21 The full CoPP submission has been provided as Attachment 1 to this report.

The MTF Submission

4.22 The Metropolitan Transport Forum (MTF) is an advocacy group formed of 26 member councils and non-voting associate members including the Department of Transport, Municipal Association of Victoria (MAV), transport companies, and environmental groups that advocated on transport related issues. The MTF, as a transport forum, have a strong interest in the delivery of a comprehensive strategy from IV.

4.23 The MTF submission is well aligned to the CoPP submission to the draft Strategy. The MTF submission highlights the importance of public transport and welcomes the extent to which it is included in the draft Strategy. The issues of community infrastructure, climate change mitigation and provision of new housing also featured in the MTF submission.

4.24 Regarding transport, the MTF submission outlines the following priorities:

· Urgent delivery of bus reform projects

· More tram routes operating at a higher frequency and operating for 24 hours per day 7 days per week.

· Careful infrastructure planning so that new services can continue to perform as climate change impact become more evident.

· Annual progress assessments of all actions listed

· Deadlines for the delivery of items (e.g. infrastructure sector plans)

· Make infrastructure contribution schemes include transport upgrades and recognise that changing financial circumstances can quickly erode contributions.

· Engage with local government early on freight delivery investigations – to bring the community along and ready them for potential change.

· Increased uptake of Electric vehicles, and appropriate road user charges for all vehicles. Social equity considerations must play a role in any such charges.

4.25 This particularly aligns with the CoPP submission in the areas of improved bus services, reforming development contributions, climate change resilience in infrastructure and support for electric vehicle uptake.

4.26 The MTF submission to Victoria’s draft 30-year Infrastructure Strategy is included as an attachment for noting.

The M9 Submission

4.27 The Melbourne 9 (M9) group of councils consists of the 9 metropolitan Melbourne councils that represent the majority of the population and economic activity of Melbourne. The issues facing CoPP when it comes to infrastructure provision are highly similar with that of the other major metropolitan councils of Melbourne.

4.28 The M9 submission to the draft Strategy is well aligned to the CoPP submission. The M9 has also stressed the need for IV and the Victorian Government to put the appropriate level of focus on the inner metro area of Melbourne, while noting that the Strategy needed to encompass all area of Victoria.

4.29 In outlining the needs that faced their member councils, the M9 submission included the following key priorities:

· Councils face financial pressures, including from cost shifting from the Victorian Government, which need to be addressed.

· Social and affordable housing is vital for an inclusive and prosperous city, this must be treated, and funded, as essential infrastructure.

· Community services are required to be provided beyond libraries and aquatic centres and existing community infrastructure requires maintenance and renewal.

· Additional public transport is required including commitment to early works and scoping for MM2.

· Delivery of Victoria’s Strategic Cycle Corridors, including providing funding to local government for delivery of walking and cycling infrastructure.

· Meaningfully engaging with traditional owners to embed their voices, rights and aspiration in all plans for Victoria.

· Provision of sufficient open space to meet the needs of a growing and densely populated urban environment, including provision of land from the Victorian Government.

· New environmental standards for buildings and infrastructure such as canopy tree requirements to address climate change risks.

· Addressing flood risk through improved flood mapping processes, integrated water management and stormwater management.

4.30 This particularly aligns with the CoPP submission in the areas of an increase in social and affordable housing, delivery of the MM2 rail lines, improving the cycling network, reforming funding arrangements, climate change resilience in infrastructure and managing the risk of flooding.

4.31 The M9’s submission to Victoria’s draft 30-year Infrastructure Strategy is included as an attachment for noting.

5. CONSULTATION AND STAKEHOLDERS

5.1 Infrastructure Victoria is seeking feedback from stakeholders regarding Victoria’s Draft 30-Year Infrastructure Strategy. As this is an IV consultation process, broader community engagement by CoPP has not been undertaken.

5.2 Discussions have been held with the M9 and MTF regarding their positions on the draft Strategy.

5.3 Council’s advocacy and engagement with the community and key stakeholders on CoPPs infrastructure priorities and delivery can continue separate to the CoPP submission.

6. LEGAL AND RISK IMPLICATIONS

6.1 There is limited risk to CoPP in providing, or not providing, a submission to IV’s Victoria’s draft 30-Year Infrastructure Strategy or the endorsement of that submission by Council.

6.2 The CoPP submission to the draft Strategy aligns with Council’s legislative and administrative obligations.

7. FINANCIAL IMPACT

7.1 There is no direct financial impact for CoPP providing a submission to IV’s Victoria’s draft 30-Year Infrastructure Strategy. The infrastructure funding and priorities that results from the Strategy will have a significant financial impact on Council operations.

8. ENVIRONMENTAL IMPACT

8.1 There is no direct environmental impact for CoPP providing a submission to IV’s Victoria’s draft 30-Year Infrastructure Strategy. The infrastructure funding and priorities that results from the Strategy will have a significant environmental impact on CoPP and Victoria.

9. COMMUNITY IMPACT

9.1 There is no direct community impact for CoPP providing a submission to IV’s Victoria’s draft 30-Year Infrastructure Strategy. The infrastructure funding and priorities that results from the Strategy will have a significant impact on the community, the services the community can access and the growth of the community.

10. Gender Impact Assessment

10.1 A Gender Impact Assessment has not been completed as part of the CoPP submission to IV’s Victoria’s draft 30-Year Infrastructure Strategy. One may be required to be completed by IV.

10.2 The impacts of infrastructure provision, or lack thereof, is similar across all genders, however, impacts to those who are at risk within our community are more keenly felt.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 The recommendations included in the officer submission to IV’s Victoria’s draft 30-Year Infrastructure Strategy is informed by Council’s policies and strategies and will contribute to achieving the strategic directions outlines in the current Council Plan 2021-31.

12. IMPLEMENTATION STRATEGY

12.1.1 The CoPP officer submission was provided to IV on 28 April 2025.

12.1.2 IV is in the process of finalising Victoria’s 30-Year Infrastructure Strategy, with the final Strategy expected to be tabled in the Victorian Parliament in late 2025.

13. OFFICER MATERIAL OR GENERAL INTEREST

13.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. City of Port Phillip Submission - Victoria's Draft 30-Year Infrastructure Strategy⇩

2. MTF Submission - Victoria's Draft 30-Year Infrastructure Strategy⇩

3. M9 Submission - Victoria's Draft 30-Year Infrastructure Strategy⇩

Meeting of the Port Phillip City Council

21 May 2025

10.5

Contract Extension – Contract 000941 - General Civil Works and Asphalting Services

Executive Member:

Lachlan Johnson, General Manager, Operations and Infrastructure

PREPARED BY:

Karen Miller, Manager Project Delivery

Atilio Numa, Head of Civil Infrastructure Projects

Kimani Gitau, Senior Infrastructure Project Manager

1. PURPOSE

1.1 To recommend the extension of contract 000941, Part A - General Civil Works and Part B - Asphalting Services for a period of two (2) years, commencing 1 January 2026 to the following current panel of six (6) contractors.

1.1.1 Part A Panel of suppliers - General Civil Works include:

a) Fulton Hogan Industries Pty Ltd

b) Presta and Sons Pty Ltd

c) TDL Contractors Pty Ltd

1.1.2 Part B Panel of suppliers - Asphalting Services include:

a) Boral Resources (Vic) Pty Ltd

b) Fulton Hogan Industries Pty Ltd

c) RABS Paving Services Pty Ltd

2. EXECUTIVE Summary

2.1 The purpose of this report is to seek Council approval to extend Contract 000941, Part A - General Civil Works and Part B - Asphalting Services to the below current panel of six (6) contractors for a period of two (2) years, starting 1 January 2026.

2.1.1 Part A – General Civil Works

a) Fulton Hogan Industries Pty Ltd

b) TDL Contractor Pty Ltd

c) Presta and Sons Pty Ltd

2.1.2 Part B – Asphalting Services

a) Boral Resources (Vic) Pty Ltd

b) Fulton Hogan Industries Pty Ltd

c) RABS Paving Services Pty Ltd

2.2 The panel of contractors is utilised by Council to deliver capital works on civil infrastructure, including for projects to resurface roads, replace kerb and channel, deliver raingardens and drainage works, as well as to deliver footpath and general civil works.

2.3 Officers have undertaken a review of the contract and have found that the contract continue to deliver an effective and efficient way of delivering civil projects for Council. It is recommended that Council take up the first extension option as outlined in this report.

2.4 Council officers are also seeking Council’s endorsement for the Chief Executive Officer be the delegated authority to determine if the final contract extension is to be exercised and to execute that contract extension if it is within the Council approved expenditure.

2.5 Notes that there will be a further extension option of two (2) years, bringing the total contract duration to eight (8) years, and will be subject to a review in 2027.

2.6 Notes that Council approved total estimated contract expenditure for Part A and Part B remains at $55,939,117 (GST exclusive) over the full eight-year term including extensions.

2.7 Notes that the extension of Contract 000941 Part A - General Civil Works Panel and Part B - Asphalting Services Panel will not guarantee any of the six (6) panel contractors of any volume or value of works at any time.

3. RECOMMENDATION

That Council:

3.1 Exercises the extension of Contract 000941 Part A - General Civil Works and Part B - Asphalting Services – Panel of Suppliers with all the six (6) panel contractors for a further period of two-years.

3.1.1 Part A - General Civil Works Panel of suppliers include:

a) Fulton Hogan Industries Pty Ltd

b) Presta and Sons Pty Ltd

c) TDL Contractors Pty Ltd

3.1.2 Part B - Asphalting Services Panel of suppliers include:

a) Boral Resources (Vic) Pty Ltd

b) Fulton Hogan Industries Pty Ltd

c) RABS Paving Services Pty Ltd

3.2 Notes that although no funding is guaranteed to any recommended contractor(s), the total projected contract expenditure for Part A and Part B remains at $55,939,117 (GST exclusive) over the full eight-year contract term including extensions, as per Council’s original approval at the commencement of the contract.

3.3 Authorises the Chief Executive Officer, or their delegate, to execute the Contract Document (Extension) on behalf of Council.

3.4 Authorises the Chief Executive Officer, or their delegate, to determine if the second and final contract extension is to be exercised in 2027 and to execute the contract extension within the Council approved expenditure limit.

4. KEY POINTS/ISSUES

Relevant Background

4.1 Contract 000941 was awarded on 1 December 2021 with an initial four-year term, beginning 1 January 2022 and set to expire on 31 December 2025. Additionally, the contract included options for two further extensions of two-years each, providing a potential total contract term of up to eight-years.

4.2 Contract 000941, covering Part A – General Civil Works Part B – Asphalting Services, was awarded to the following panel of six contractors:

Part A – General Civil Works

a) Fulton Hogan Industries Pty Ltd

b) TDL Contractors Pty Ltd

c) Presta and Sons Pty Ltd

Part B – Asphalting Services

a) Boral Resources (Vic) Pty Ltd

b) Fulton Hogan Industries Pty Ltd

c) RABS Paving Services Pty Ltd

4.3 Although no funding was guaranteed to any of the panel contractors, the projected total expenditure under Contract 000941 for Part A and Part B was $55,939,117 (GST exclusive) over the full eight-year term including extensions.

4.4 The key services provided under Contract 000941 Part A – General Civil Works and Part B - Asphalting Services are as follows:

4.4.1 The Part A - General Civil Works services include, but are not limited to:

· Reconstruction of road and footpath pavements

· Construction and renewal of stormwater drainage pipes and pits

· Reconstruction of kerb and channel

· Reconstruction of pram crossings

· Alteration/adjustments to services surface fittings

· Construction of raingardens

4.4.2 The Part B - Asphalting Services include, but are not limited to:

· Resurfacing of asphalt road pavements

· Alteration/adjustments to services surface fittings

· Line marking of road pavement.

Contract Performance

4.5 All panel contractors have performed satisfactory throughout the current initial four-year contract term, meeting the requirements set out in the contract. In general, they have consistently achieved the performance standards outlined in the contract in accordance with the provisions and specifications of Contract 000941, as approved and reviewed by the contract superintendent.

5. LEGAL AND RISK IMPLICATIONS

5.1 All panel contractors have maintained compliance with the required certifications, legal or regulatory requirements that apply to this contract. They have maintained and updated their required insurances annually for Public Liability and Workcover.

5.2 All the panel contractors have provided an ongoing Bank Guarantee as security of their work for the duration of the contract.

5.3 The original tender process was conducted in accordance with the provisions of the Local Government Act 2020 (LGA 2020) and Council’s Procurement Policy.

5.4 The recommended two-year extension option process is in accordance with Council’s original resolution in establishing the panel.

5.5 The overall contract budget includes the Producer Price Index (PPI) adjustments. The PPI adjustments to the schedule of rates are increased at the start of each financial year. The contract will be managed within the allocated budget.

6. FINANCIAL IMPACT

6.1 Council approved total estimated contract expenditure for Part A - General Civil Works Panel and and Part B - Asphalting Services Panel remains at $55,939,117 (GST exclusive) over the full eight-year term including extensions. This two-year extension is not seeking additional funding.

6.2 Renewal of both the General Civil Works Panel and Asphalting Services Panel will not guarantee any of the panel Contractors of any volume or value of works at any time.

7. ENVIRONMENTAL IMPACT

7.1 All panel contractors have rigorously adhered to processes that align with the Council’s commitment to improving environmental sustainability. Each contractor holds independent accreditation for their Environmental Management Systems (EMS), certified under the ISO 14001 standard.

7.2 Corporate social responsibility - All the panel contractors have provided and continued with the initiatives and commitments that align with Council’s corporate social responsibility.

8. COMMUNITY IMPACT

8.1 Contract 000941 deliver infrastructure capital project works which renews and improves Council asset management that aligns with Council’s vision to create a well-connected network that makes it easy to move around for all people, that nurture and support the health, wellbeing, social connection, environment, economy, and sustainability of our community.

8.2 A Gender Impact Assessment (GIA) is carried out for all projects to be delivered to ensure equal opportunities and accessible features for all ages and abilities to enjoy as well as improved lighting to improve safety at night.

9. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

9.1 Delivery of annual infrastructure capital project works is integral and significant contribution to Council asset management and improvement as outlined in the City of Port Phillip Council Plan 2021-2031 Directions as follows:

· Direction 2 – Liveable: We are connected and it’s easy to move around.

· Direction 3 – Sustainable: We have smart solutions for a sustainable future

· Direction 4 – Vibrant: We are growing and keeping our character.

· Direction 5 – Well Governed Port Phillip

10. IMPLEMENTATION STRATEGY

10.1 TIMELINE

The next steps, are as follows:

· May 2025 – Subject to decision of Council, award the contract extension to the current panel of six contractors.

· June 2025 – Communicate decision to the current panel of six contractors and internal stakeholders.

· January 2026 – Commencement of the approved contract extension.

· December 2027 – The first two-year contract extension completed.

10.2 COMMUNICATION

10.2.1 Council officers will prepare notification letters to the panel of contractors and will advise internal stakeholders about the Council decision.

11. OFFICER MATERIAL OR GENERAL INTEREST

11.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. Confidential- Delegate Report - Civil Panel Contract 941 Extension - signed

Meeting of the Port Phillip City Council

21 May 2025

13.1

Proposed Road Discontinuance - Kerferd Road & Herbert/Montague Street. Albert Park Intersection ("Shrine to Sea Project")

Executive Member:

Lachlan Johnson, General Manager, Operations and Infrastructure

PREPARED BY:

Vicki Tuchtan, Manager Property and Assets

Michael Major, Team Leader Property Operations

1. PURPOSE

1.1 The purpose of this report is to:

· Propose the discontinuance of part of the Government Road known as the Herbert / Montague Street intersection, along Kerferd Road, Albert Park, outlined in red on the aerial image below (“the Road”).

· Recommend a request be made to the Department of Energy, Environment and Climate Change Action (DEECA) for the reservation of the part of the Government Road for park / open space purposes.

2. EXECUTIVE Summary

2.1 In February 2021, Council commenced a temporary closure of the Herbert / Montague intersection along Kerferd Road in response to community feedback including ongoing near misses, and the findings of an independent safety audit.

2.2 In line with a 19 October 2022 Council resolution, Council resolved to continue with the trial closure and seek a permanent, safe solution through the State Government’s Shine to Sea Project.

2.3 At the request of Council, officers deployed temporary tree planters in the disused roadway within the median strip during the trial extension period to enhance the visual amenity of the area.

2.4 The Shrine to Sea draft Masterplan was released to the public in August 2023 (Shrine to Sea Draft Masterplan | Engage Victoria).

2.5 Council has received funding from the Victorian Government to deliver greening, pathways, and interpretation works within Zones 5-8 of the masterplan, between Canterbury Road / Ferrars Street to Beaconsfield Parade and the Kerferd Road Pier Forecourt. This includes the demolition of the Herbert / Montague Street intersection and continuation of the landscaped median in its place.

2.6 The Herbert / Montague Street intersection along Kerferd Road, Albert Park is situated in the street segment, south-west of Young Street and north-west of Carter Street, Albert Park respectively and is described by Council in two segments as:

2.6.1 Part Pavement Structure Kerferd Road 2005368 Seg 140R and;

2.6.2 Part Pavement Structure Kerferd Road 2010449 Seg 140L

2.7 The Road has an area of approximately 280 square metres (not to survey) and forms part of a Government Road.

2.8 It has been listed on Council’s Register of Public Roads in error.

2.9 This section of Road is located adjacent to the Kerferd Road median strip and has been temporarily closed since February 2021.

2.10 The transformation of the closed road space into a permanent landscaped median requires a formal road discontinuance process.

2.11 Council has statutory power to consider discontinuing the Road, and DEECA has requested Council use these powers to discontinue the Road.

2.12 The process to discontinue this part of the Herbert / Montague Street intersection requires community engagement and consultation with relevant service authorities.

2.13 If the Road is discontinued, the land contained in the Road will remain in the ownership of the Crown (and not vest in Council in fee simple).

2.14 The Herbert / Montague Street intersection is already temporarily closed to road users and the permanent discontinuance will not further impact on adjoining roads or users of those roads.

2.15 Officers propose that Council considers discontinuing the Road on the basis that the Road is no longer reasonably required for general public use for the reasons set out in the report, and that Council considers commencing the statutory procedures to discontinue the Road.

2.16 The effect of gazettal of the notice of road discontinuance of the Road will be that ownership of the Road will remain with the Crown and that no easements, rights or interests will be created or saved over the Road by any public authority.

2.17 Following publication of gazettal, Council will apply to DEECA to initiate the reservation of the Road to appoint Council as Committee of Management.

3. RECOMMENDATION

That Council:

3.1 Acting under section 17(4) of the Road Management Act 2004 (Vic), resolves to remove the Road known as KERR0140L and KERR0140R (also known as Herbert / Montage Street intersection (along Kerferd Road), Albert Park) from Council’s Register of Public Roads.

3.2 Acting under clause 3 of Schedule 10 of the Local Government Act 1989 (Vic) (“the Act”):

3.2.1 Resolves that the statutory procedures be commenced to discontinue the Road, on the basis that the Road is no longer reasonably required for general public use for the reasons set out in this report;

3.2.2 Directs that under sections 206, 207A and 223 of the Act, public notice of the proposed discontinuance of the Road be given in The Age newspaper;

3.2.3 Resolves that the public notice required to be given under the Act should state that if the Road is discontinued, the Road will remain in the ownership of the Crown for the purposes of a public open space;

3.2.4 Authorises the Chief Executive Officer or delegate to undertake the administrative procedures necessary to enable Council to carry out its functions under section 223 of the Act in relation to the matter; and

3.2.5 Resolves to hear and consider any submissions received pursuant to section 223 of the Act at a future Council meeting to be determined at a later date.

3.3 Apply to Depart of Energy, Environment and Climate Action (DEECA) to:

3.3.1 Initiate the reservation of the Road and appoint Council as the Committee of Management; and

3.3.2 Issue a licence pursuant to the Land Act 1958 (Vic) (or as otherwise necessary) to enable Council to access the Road and perform any required works for the development of the reservation as a permanent open space / park, pending the reservation of the land and appointment of Council as Committee of Management, following formal gazettal of the proposed discontinuance.

4. KEY POINTS/ISSUES

4.1 The Herbert / Montague Street intersection along Kerferd Road, Albert Park is situated in the street segment, south-west of Young Street and north-west of Carter Street, Albert Park respectively.

4.2 The Road is a Government Road situated on Crown land. The legal effect of discontinuance of the Road will be that the Road will continue to remain in the ownership of the Crown, and not vest in Council in fee simple.

4.3 The land contained in the Road has an area of approximately 280 square metres (not to survey) and forms part of the local road known as KERR0140L and KERR0140R respectively and has been erroneously listed on Council’s Register of Public Roads (List of Road Sections).

4.4 In February 2021, Council commenced a temporary closure of the Herbert / Montague intersection along Kerferd Road in response to community feedback, ongoing near misses, and the findings of an independent safety audit.

4.5 In line with a 19 October 2022 Council resolution, Council resolved to continue with the trial closure and seek a permanent, safe solution through the State Government’s Shine to Sea Project.

4.6 The Shrine to Sea Project is a Victorian government initiative. The vision for the project is to create ‘A boulevard for Melbourne connecting stories of our past and present to meet the needs of our future community’ from Domain Gardens to Port Phillip Bay along Albert and Kerferd roads. Once complete, the area will be transformed with improvements to useable open space, enhance the green boulevard, create safer and clearer links and connections for walking and cycling, and celebrate local stories through art and interpretation.

4.7 Further information on the project can be found here - Shrine to Sea.

4.8 DEECA has funded Council to deliver Zones 5 to 8 of the masterplan, which will increase trees, biodiverse planting, and create new pedestrian pathways along the median.

4.9 Further information on the Port Phillip section of the Shrine to Sea project can be found on our project page Shrine to Sea - City of Port Phillip.

4.10 The transformation of the closed road space into a permanent public open space requires a formal road discontinuance process.

4.11 Council has statutory power to consider discontinuing the Road.

4.12 Council intends to proceed with the discontinuance of the Road, with the support of DEECA. Given that the legal effect of the Road discontinuance is that the land will remain in the ownership of the Crown, Council considers that the most practical course of action is for Council to make arrangements with DEECA to initiate the reservation of the land and to appoint Council as Committee of Management.

4.13 The reservation process is expected to be lengthy and can take up to 12 months. Accordingly, it is also proposed Council seeks a licence pursuant to the Land Act 1958 (Vic) (or as otherwise necessary) after the Road has been discontinued, to provide Council rights to access and perform works for the development of reservation.

4.14 A proposal to discontinue a road, under the Act, requires Council to publish a public notice, by virtue of section 207A of the Act, and to comply with the provisions of Section 223 (Right to make a submission) of the Act. This requires Council to undertake a formal public consultation process which is specific to the proposal to discontinue the road.

4.15 Subject to Council’s decision, Council will send mail to all properties within the immediate vicinity of the intersection (Road) affected by the proposed road discontinuance and will publish a Notice of Intent to discontinue the Road in The Age newspaper.

4.16 Instructions on how to make a submission will be available in The Age newspaper advertisement and on Council's website.

4.17 Council will decide on whether to discontinue the road at a future Meeting of Council.

4.18 Council will consider any submissions received at its Meeting of Council at a later date to be determined. Any person who makes a submission (or persons acting on their behalf) is/are entitled to speak to their submission at this Council Meeting.

5. CONSULTATION AND STAKEHOLDERS

5.1 In February 2021, Council commenced a temporary closure of the Herbert / Montague intersection along Kerferd Road in response to community feedback, ongoing near misses, and the findings of an independent safety audit.

5.2 In line with a 19 October 2022 Council resolution, Council resolved to continue with the trial closure and seek a permanent, safe solution through the State Government’s Shine to Sea Project.

5.3 At the 16 August 2023 Ordinary Council Meeting, Council authorised the CEO, or delegate, to prepare a formal submission to the Shrine to Sea Draft Masterplan.

5.4 The Draft Masterplan, sought to ensure delivery of the project in accordance with Council priorities. This was informed by existing Council strategies and policy, endorsed Council resolutions, and community feedback. Council collaborated extensively with the Victorian Government since project inception in 2018, providing technical input, supporting community consultation, and coordinating delivery of actions which support the project vision, objectives and principles.

5.5 DEECA undertook extensive community and stakeholder engagement during the development of the masterplan, including the proposal for the permanent discontinuance of the Herbert / Montague intersection and continuation of the landscaped median in its place. Their engagement summary report can be found here: Community Engagement Summary Report.

5.6 The following statutory authorities have been advised of the proposed discontinuance of the Road and were requested to respond to the question of whether they have any existing assets in the Road, which should be saved under section 207C of the Act:

5.6.1 City of Port Phillip;

5.6.2 APA Group Gas Transmission (Victorian Transmission System);

5.6.3 Citipower Pty Ltd;

5.6.4 Multinet Gas;

5.6.5 NBN Co Vic Tas;

5.6.6 Optus Vic;

5.6.7 South East Water Corporation; and

5.6.8 Telstra VICTAS.

5.7 At the date of this report, Council had received responses from some of the notified statutory authorities. Such responses will be addressed in the second report to Council. Easements on Title may be required in favour of these authorities, dependant on the responses.

6. LEGAL AND RISK IMPLICATIONS

6.1 Under clause 3 of Schedule 10 of the Act, a council has the power to discontinue roads located within its municipality. Council must first give notice in accordance with sections 207A and 223 of the Act.

6.2 Council has a Discontinuance and Sale of Roads Policy 2022 (Policy) that enables roads that are no longer reasonably required for general public access to be discontinued.

6.3 The road has been temporarily closed since February 2021 and beautified with tree planters. As such, the site is considered to be suitable for continued use for public open space purposes.

6.4 By complying with legislation, policy and creating reasonable provision for service authorities, there is a low level of legal risk associated with changing the function of Herbert / Montague Street intersection.

7. FINANCIAL IMPACT

7.1 The Department of Energy, Environment and Climate Action (DEECA), being the State Government lead agency for the project, is not a delivery agency, hence funding for delivery is being provided to project partner agencies (including Council, Parks Victoria and Department of Transport and Planning). 

7.2 The works located on Council land being considered for the purposes of this report are for landscaping and greening on Kerferd Road median (inclusive of the permanent closure of the Herbert Montague intersection).

7.3 This project, amongst other Council works have been costed by an independent Quantity Surveyor. Proposed funding for City of Port Phillip is $4,515,034 for works identified within the Masterplan. 

7.4 Funding will be provided through a Victorian Common Funding Agreement. Council has a number of these agreements in place with the Victorian Government. DEECA has advised that, for Council to receive funding, a funding agreement must be in place and the first instalment of funding ($2.2m) transferred to Council before the end of the financial year.

7.5 The proposed discontinuance of the Road is not considered to have any detrimental financial implications.

8. ENVIRONMENTAL IMPACT

8.1 The proposed road discontinuance is underpinned by the following advocacy principles:

8.1.1 Increase greening along the corridor including tree and shrub planting and investigating opportunities for de-paving and introduction of areas of Water Sensitive Urban Design (WSUD);

8.1.2 Ensure materials used in the delivery of the masterplan reflect the qualities of the local area and are responsive to its character;

8.1.3 Ensure inclusive and well considered design outcomes; and Ensure design materials are inclusive for all users; and

8.1.4 The proposal is not considered to have or contribute to any detrimental environmental implications.

9. COMMUNITY IMPACT

9.1 Council will facilitate the discontinuance of a road where appropriate consultation has occurred, legislative requirements have been met and it is considered that road discontinuance is in the best interest of the wider community.

9.2 Public space contributes to the liveability of our City and defines our unique sense of identity and place. It is open and accessible to people. It is where we meet, exercise, play sport and relax and is essential to our physical and mental wellbeing.

9.3 The project will provide additional open space and align with Council’s vision to create a well-connected network of public spaces for all people that nurture and support the health, wellbeing, social connection, creative expressions, economy and environment of our community.

9.4 The proposed discontinuance of the road will enable the land in the road to be re-purposed for public benefit.

9.5 Furthermore, the proposed public open space will offer improved access and circulation throughout the reserve by providing upgraded walking paths and safer opportunities to access the park by more users.

10. Gender Impact Assessment

10.1 The proposal is not considered to have any detrimental gender implications.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 Transitioning the temporary road closure into a permanent public space aligns with the key objectives of Council’s Places for People: Public Space Strategy 2022-2032 to repurpose road space to create more useable public spaces, ensuring our community is within a short, easy and safe walking distance to public space.

11.2 Council Plan – Liveable Port Phillip

· Strategic Objective – Port Phillip is a great place to live, where our community has access to high quality public spaces, development and growth are well managed, and it is safer and easy to connect and travel within.

· What we will work towards (our four-year strategies) – Port Phillip is safer with liveable streets and public spaces for people of all ages and abilities to enjoy.

· We will provide – Access to upgraded, expanded and well-maintained public and outdoor spaces for people of all ages and abilities to visit, in line with Council’s 10-year Public Space Strategy, prioritised within available budgets each year.

· We will facilitate and advocate for – The best possible public space outcomes that support community health and wellbeing, through infrastructure projects undertaken in our City by other levels of government and stakeholders.

11.3 Council Plan – Sustainable Port Phillip

· Strategic Objective – Port Phillip has a sustainable future, where our environmentally aware and active community benefits from living in a bayside city that is greener, cooler, cleaner and climate resilient.

· What we will work towards (our four-year strategies) – Port Phillip has cleaner streets, parks, foreshore areas and waterways where biodiversity flourishes.

· We will provide – Urban forests to increase tree canopy, vegetation, greening and biodiversity and reduce urban heat, in line with Council’s Greening Port Phillip and Act and Adapt Strategies prioritised within available budgets each year.

11.4 In addition, the proposal aligns with the Strategic Direction 5 – Well Governed in the Council Plan 2021-2031: A City that is a leading local government authority, where our community and our organisation are in a better place as a result of our collective efforts.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 Before proceeding with the proposed discontinuance of the Road, Council must first give public notice of such proposal and invite submissions from interested persons allowing at least 28 days to make a submission in accordance with sections 207A and 223 of the Act. A public notice will be published in The Age newspaper in late May 2025.

12.1.2 Where a person has made a written submission to Council requesting that he or she be heard in support of the written submission, Council must permit that person to be heard before a meeting of Council or the Committee which has delegated authority to hear those submissions, giving reasonable notice of the day, time and place of the meeting.

12.1.3 After hearing any submissions made, Council must determine whether the Road is reasonably required as a road for general public use, in order to decide whether the Road should be discontinued.

12.1.4 It is anticipated that officers will finalise the road discontinuance process (assuming no objections / delays) by January 2026.

12.2 COMMUNICATION

12.2.1 Council can resolve to commence statutory procedures to discontinue the Road.

12.2.2 A public notice must give details of the proposed discontinuance of the Road and invite submissions from interested persons allowing at least 28 days to make a submission.

12.2.3 Any interested person will be given the opportunity to make a submission and to be heard in person and have their views considered.

12.2.4 After submissions (if any) have been considered, Council may decide to proceed with the discontinuance of all or any part of the Road or to reject the proposal in entirety.

12.2.5 If the Road is discontinued, Council must publish a notice in the Government Gazette and undertake the process and attend to transfer the land to Council title.

12.2.6 Information about the road discontinuance proposal will be available on Council’s website.

12.2.7 Community Engagement regarding the larger Shrine to Sea project and the landscape improvement works funded for delivery by Council will be a separate process however, the engagement activities are planned to run concurrently.

13. OFFICER MATERIAL OR GENERAL INTEREST

13.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

Nil

Meeting of the Port Phillip City Council

21 May 2025

13.2

Third Quarter 2024-25 Financial Review

Executive Member:

Lachlan Johnson, General Manager, Operations and Infrastructure

PREPARED BY:

Peter Liu, Chief Financial Officer

Spyros Karamesinis, Head of Financial Business Partnering, Analysis & Compliance

Angeline Dooley, Manager, Enterprise Portfolio Management Office

1. PURPOSE

1.1 To provide Council with an overview of the results of the third quarter 2024/25 Financial review including performance to budget (as required under Section 97 of the Local Government Act 2020) and seek approval for any unbudgeted items.

2. EXECUTIVE Summary

2.1 The Council Plan 2021-2031 (Year Four) and Budget 2024/25 was adopted with a cumulative cash surplus of $0.62 million at the 26 June 2024 Special Council meeting.

2.1.1 The Income Statement Converted to Cash is used as the key financial measure to ensure prudent financial management by maintaining a modest cumulative cash surplus.

2.1.2 Budget 2024/25 included a business-as-usual approach, however required sound financial control to manage several challenges including persistent inflation higher than the rates cap, cost pressures and growing difficulty in meeting the $1.8 million annual efficiency saving target.

2.2 As part of the third quarter financial review the 2024/25 cumulative cash surplus increased (before the inclusion of budget requests) to $1.67 million.

2.3 Since the mid-year review, the cumulative cash surplus has improved by $0.13 million due to the following material movements:

2.3.1 $0.58 million increase in supplementary rates issues for new properties in the municipality driven by large new developments.

2.3.2 $0.78 million in one off legal settlement for commercial properties

2.3.3 $0.60 million increases in volumes of paid parking and increased rental income for the South Melbourne Market.

2.3.4 $0.14 million one-off grant funding for maintenance contribution at ANZAC Station Precinct which will offset the first year of maintenance. Ongoing maintenance will be the responsibility of Council following asset handover.

2.3.5 ($0.5) million additional expenditure required for Council run long day care centres due to utilisation challenges. The financial impacts include $0.7m decrease in user fees, offset by $0.2m reduction in employees (noting staffing ratios must be maintenance), food and levy expenses.

2.3.6 ($0.36) million budget requests approved through the mid-year review including City Amenity Officers, Sandridge Recreation Precinct masterplan works and open space and tree maintenance procurement.

2.3.7 ($1.2) million cost escalation to continue the renewal and upgrade of South Melbourne Townhall (this is in addition to the cost escalations funded through portfolio re-prioritisations and asset renewal fund).

2.4 Council’s updated forecast operating surplus has improved by $2.9 million from budget of $10.5 million to forecast $13.4 million. Full details are contained in Attachment 1 financial statements including financial statements and commentary on material variances.

2.5 Council is continuing to work towards identifying new efficiency savings to work towards Council targets. Cumulative compounded savings since the introduction of rates capping in 2016/17 exceed $137 million. Proposed Budget 2025/26 identified $0.8 million of efficiency savings, noting efficiency savings are becoming increasingly hard to achieve.

2.6 Council’s financial sustainability risk rating is expected to maintain an overall low risk rating per the Victorian Auditor General’s Office (VAGO) financial sustainability indicators, which is as budgeted.

2.7 That said, the third-quarter review has posed several financial challenges for Council reflective of broader economic conditions including persistent high inflation and a competitive recruitment market. Additional information is included in section 5.0 of this report.

2.8 Cost shifting continues to threaten Council’s financial sustainable as highlighted in the mid-year review with significant increases passed on by the State Government through the congestion levy and waste levy, with both increasing significantly above inflation and the rates cap.

2.9 Council does not support the proposed Emergency Services Volunteer Fund (ESVF), expected to commence 1 July 2025, as it will be a significant financial burden on the community. It is expected this will raise an additional $13.7 million (57% increase) from $24 million in 2024/25 to $37.7 million in 2025/26.

2.9.1 Impact on individual households is profound:

· A $500,000 apartment will see its levy rise from $175.50 to $222.50, an increase of $47 or 27%.

· A $1.7 million detached house will see its levy rise from $279.90 to $430.10, an increase of $150.20 or 54%.

2.10 The Project Portfolio has decreased by net $4.4 million to a 2024/25 forecast of $122.7 million primarily due to project deferrals to 2025/26. Project delivery for 2024/25 remains a key focus for Council noting that many projects continue to be impacted by latent conditions, external dependency and resourcing challenges. A summary of project deferrals and significant movements for the quarter has been listed in attachment 3.

2.11 The third-quarter financial review also provided opportunity to consider budgets inclusions. The following are for consideration (see detail in attachment 2):

2.11.1 Tree Removal – Additional budget required to respond to higher volumes of tree removal requests as per Council’s tree removal assessment process.

3. RECOMMENDATION

That Council:

3.1 Notes that full year cumulative cash surplus before the third quarter budget requests is $1.67 million which is $1.05 million more than budget of $0.62 million.

3.2 Notes attachment 1 – Financial Statements with accompanying explanatory notes.

3.3 Approves the following additional funding requests (see attachment 2 –Budget Requests):

3.3.1 $50,000 for additional tree removal required to requests in accordance with Council’s tree removal assessment process

3.4 Notes attachment 3 – Portfolio updates and achievements.

3.5 Notes in accordance with Section 97(3) of the Act, the Chief Executive Officer supported by the Chief Financial Officer, concludes that a revised budget for 2024/25 is not required.

3.6 Delegates authority to the CEO, or their delegate, to reflect any changes made by Council at tonight’s meeting, and to make minor typographical corrections (including in any attachments to this report) before final publication.

4. KEY POINTS/ISSUES

Overview

4.1 The organisation carries out a monthly review of all operating revenue and expenditure as well as the project portfolio, which is then reported as part of the monthly CEO Report. In addition to this, a detailed quarterly update is presented to Council for the first, second and third quarters, followed by the annual report at year end.

4.2 The results for the quarterly financial reviews are presented to Council using two sets of performance reporting instruments:

4.2.1 The Comprehensive Income Statement Converted to Cash.

4.2.2 The Victorian Auditor General Office’s (VAGO) Financial Sustainability Indicators.

Comprehensive Income Statement Converted to Cash

4.3 We use the Comprehensive Income Statement Converted to Cash to ensure prudent financial management by maintaining a modest cumulative cash surplus.

4.4 Councils forecast cumulative cash surplus for 2024/25 has been updated following the third quarter financial review to $1.67 million, which is $1.05 million more than budget of $0.62 million (Attachment 1).

4.5 Council’s forecast operating surplus has improved by $2.9 million from budget of $10.5 million to forecast $13.4 million. Full details are contained in Attachment 1 financial statements including financial statements and commentary on material variances. The following section provides a high-level overview of key movements.

4.6 Net revenue increase of $5.4 million mainly due to:

4.6.1 $0.84 million additional one-off income for the lease back of the Australia Post Site purchased by Council this year.

4.6.2 $0.81 million Council to receive one-off legal settlement (Confidential settlement for commercial properties and building rectification matters).

4.6.3 $0.58 million Supplementary rates issued due to several large developments being completed this financial year. These properties will be provided with council services.

4.6.4 $0.85 million improvement in parking infringement income due to higher volumes of infringements issued through improved workforce management.

4.6.5 $0.25 million Improvement in paid parking revenue due to higher than expected utilisation over the summer period

4.6.6 $0.85 million improvement in operating grant income including additional project funding for including Housing Strategy, St Kilda Festival, Greening Port Phillip, and E-Scooter Trial (offset by expenditure).

4.6.7 $0.34 million additional operating grant income to reflect the aged care in home service between July and September 2024 (due to the delayed transition to new providers). Fully offset by costs to deliver the service.

4.6.8 $2.0 million improvement in developer open space contributions (funds held in reserves for future use to upgrade and expand public open space).

4.6.9 $0.14 million one-off grant funding for maintenance contribution at ANZAC Station Precinct which will offset the first year of maintenance. Ongoing maintenance will be the responsibility of Council following asset handover.

4.6.10 ($0.15) million reductions in net waste charge income due to lower projected growth in property numbers and greater numbers of private collection rebates issued.

4.6.11 ($0.3) million reduction in commonwealth funded aged care meals co-contributions due to lower utilisation (offset by reduction in meals expenditure)

4.6.12 ($0.59) million net reduction in capital project grants received mostly due $1.0 million of grants received in prior year (such as Eco Centre, JL Murphy Pitch Upgrade, Danks Bio Link, Shrine to Sea Works) and has partially offset by additional funding received of $0.2 million for the Library Upgrade and Renewal Program.

4.6.13 ($0.70) million reduction in long day care user fees due to projected average lower utilisation of Council service. This has been partially offset by a reduction in employee costs.

4.7 Net expenditure increase of ($2.4) million mainly due to:

4.7.1 $0.22 million discontinuing the funding with Better Health Network for antenatal social services as alternative service providers are available. Minimal service impact to the community expected.

4.7.2 $0.55 million reduction in delivered meals based on service utilisation (offset by reduced grant income and user contributions).

4.7.3 $0.34 million decrease in Food Organics Garden Organics processing and collection costs due to lower volumes of waste compared to budget (funds held in waste charge reserve).

4.7.4 $0.20 million reduction in long day care service employee costs. This has been offset by a reduction in service user fees.

4.7.5 $0.39 million reduction due to net timing changes (deferrals) of operating projects.

4.7.6 ($2.34) million updated net cost of property sales due to updated property sales roadmap and known sales (proceeds from sale held in strategic property reserve).

4.7.7 ($0.85) million additional grant funded project expenditure for Housing Strategy, Greening Port Phillip, St Kilda Festival and E-Scooter Trial (offset by grant funding).

4.7.8 ($0.45) million net increase in depreciation, updated due to current mix of assets and updated useful life calculations for plant and equipment.

4.7.9 ($0.34) million additional employee costs to aged care in home service between July and September 2024 (delayed transition to new providers). Fully offset by government funding.

4.7.10 ($0.36) million budget requests approved through the mid-year review including City Amenity Officers, Sandridge Recreation Precinct masterplan works and open space and tree maintenance procurement.

4.7.11 ($0.15) million increase in parental leave taken for 2024/25 increasing on prior year averages.

4.7.12 ($0.10) million increase in maintenance expenditure for ANZAC station precinct following asset hand-over from the Victorian Government.

4.8 Net capital decrease of $3.2 million mainly due to:

4.8.1 ($5.0) million of additional investment to reflect the recognition of the $3.9 million deposit for the Australia Post site land purchase deposit which was treated as prepayment in 2023/24 and $1.1 million timing of land acquisition in St Kilda east.

4.8.2 ($1.5) million deferrals from 2023/24 to 2024/25, key deferrals include minor timing delays for the Eco Centre Redevelopment and the St Kilda Foreshore Lighting Renewal.

4.8.3 ($1.1) million future year spend brought forward, including Beacon Cover Boat Landing Upgrade, St Kilda Pier Landslide Works and Road Resurfacing due to change in scope and design commencing in 2024/25. Parking Sensor Installations brought forward needing urgent replacement because of failing sensors.

4.8.4 ($1.6) million Additional spend for new projects including the minor upgrades to Middle Park Library, renewal works at Woodruff Oval, design work for Broadway Bridge Superstructure and high priority works for Public Space Minor Capital Works. Elwood Park Expansion SW Harvesting and Sandridge Recreation Precinct had additional funds due to design and scope updates.

4.8.5 $1.3 million reduction due to early work on projects in 2023/24 ahead of forecast including for the South Melbourne Town Hall Renewal and Upgrade and the Children’s Centre Improvement Program.

4.8.6 $10.7 million deferral to future years due to latent conditions, external dependencies, and resourcing constraints.

4.8.7 $0.4m savings achieved through scope changes for Bay St Coles Public Toilet and Workplace Renewal & Upgrade Program. Due to reduction in design and investigations savings attained for Water Sensitive Urban Design.

4.8.8 See capital works statement for detailed breakdown (Attachment 1).

4.9 The forecasted net drawdown on council reserves has increased by $2.9 million. This is primary due to timing changes for portfolio delivery, additional drawdowns to fund cost escalations (e.g., South Melbourne Town Hall) and delayed property divestments with funds held in reserves. See reserve movements notes in Attachment 1 for detailed breakdown.

Assessment against VAGO Financial Sustainability Indicators

4.10 Council’s decision-making is reflected by the principles of sound financial management, to ensure our financial position is sustainable. We assess our financial performance using the VAGO financial sustainability indicators.

4.11 Council is forecasting a low-risk financial sustainability rating at the third quarter, highlighted by the seven VAGO financial indicators below:

Indicator	Forecast 2024/25	Budget 2024/25	Variance	Risk
Net Result	4.9%	3.9%	1.0%	Low
Adjusted Underlying Result	2.0%	1.3%	0.7%	Medium
Working Capital	260%	273%	(13%)	Low
Internal Financing	49%	43%	6%	High
Indebtedness	3.1%	3.1%	0%	Low
Capital Replacement	448%	474%	(26%)	Low
Infrastructure Renewal Gap	179%	214%	(35%)	Low
Overall financial sustainability risk rating	Low	Low	No Change	Low

4.12 The indicators generally need to be considered from a medium-term trend perspective rather than for the current financial year. A medium rating over one or two years is acceptable particularly in response to short-term events but over the medium to long-term, Council aims to achieve a low-risk rating overall.

4.13 Net Result:

4.13.1 Net Result assesses Council's ability to generate an operating surplus. The greater the result, the stronger the operating surplus. Budget 2024/25 included a 3.9 per cent net result due to an operating surplus of $10.5m.

4.13.2 The Net Result has increase to a forecast of 4.9 per cent for 2024/25 but maintains a low-risk rating. This is caused by the increase in Council’s operating surplus to $13.4 million.

4.14 Adjusted Underlying Result:

4.14.1 Adjusted Underlying Result assesses Council’s ability to generate surplus in the ordinary course of business excluding non-recurrent capital grants and contributions to fund capital expenditure from net result.

4.14.2 A small or negative underlying result is normally budgeted due to the reliance on external funding/contributions to fund our infrastructure assets works. For instance, Open Space Contributions are collected, held in reserve, and use when required to fund upgrades, expansion and new public open space.

4.14.3 The third quarter financial review forecasts a medium risk result due to the same factors highlighted in the Net Result ratio (excluding open space contributions).

4.15 Workings Capital:

4.15.1 This working capital ratio assesses Council’s ability to pay short-term liabilities as they fall due (current assets/ current liabilities).

4.15.2 Council has no working capital issues at the forecast 260 per cent with a low-risk rating despite the decrease from budget of 273%.

4.16 Internal Financing:

4.16.1 The internal financial ratio assesses Council’s ability to finance capital works using cash generated from its operations. A ratio below 100 per cent means cash reserves or borrowing are being used to fund capital works & major strategies, which is acceptable on occasions (short-term). A ratio above 100 per cent means that cashflows from operations are great than net capital outlays.

4.16.2 Internal financing was budgeted for 2024/25 at 43 per cent due to the significant land acquisitions planned in 2024/25 which is funded from drawdown on reserves. Internal financing is projected to increase back over 100 per cent in future years.

4.16.3 The internal financing rating has increased to 49 per cent in forecast 2024/25 due to a decrease in net capital cashflows due to project deferrals.

4.17 Indebtedness:

4.17.1 The indebtedness ratio assesses Council’s ability to repay its non-current debt from its own source revenue.

4.17.2 This indicator shows a low risk for Council with a forecast of 3.1 per cent which is consistent with budget and significantly lower than the 40 per cent target. Council has no current or planned borrowings in Budget 2024/25 and Long-Term Financial Plan.

4.18 Capital Replacement:

4.18.1 The capital replacement ratio assesses whether Council’s overall cash spend in renewing, growing and improving its asset base is enough.

4.18.2 Capital replacement has decrease slightly to 448 per cent (maintains a low-risk rating) caused by a net increase in capital expenditure deferrals.

4.19 Infrastructure Renewal Gap:

4.19.1 The infrastructure renewal gap ratio assesses Council’s spend on its asset base is keeping up with the rate of asset depletion (depreciation).

4.19.2 Forecast 2024/25 shows a small decline in the infrastructure renewal gap compared to Budget 2024/25 based on the updated mix of specific capital to be delivered. That said, it is significantly greater than the 120 per cent target.

Project Portfolio Update

4.20 The Project Portfolio has decreased by net $4.4 million to a 2024/25 forecast of $122.7 million. This includes:

4.20.1 $49.7 million of land purchases to be used for open space and recreation.

4.20.2 $60.3 million of capital program spend.

4.20.3 $12.6 million of operating program spend.

4.21 Portfolio deferrals and significant movements are published monthly in the CEO Report. Those identified in the third quarter review have been listed in attachment 3.

4.22 The portfolio status is tracking below the 12-month average with 64 per cent of projects reported On Track, 21 per cent At-Risk and 15 per cent Off Track.

4.23 The key challenges impacting delivery continue to be:

4.23.1 Construction costs: Tenders and cost plans are still returning with significant increase in costs compared to budget.

4.23.2 Third Party Approvals: Delays in receiving external approvals (outside Council’s control).

4.23.3 Contractor availability: Competition for resources for design and construction with the State Government Big Build and other Councils that are also in year three of their council plans.

4.23.4 Resource market: recruitment is still competitive for project management and specialised roles.

4.23.5 Latent conditions and external dependency: delayed caused by service authority works.

Budget Requests

4.24 The quarterly review process is also used to identify and assess urgent and unbudgeted expenditure proposals. Additional information on budget requests can be found in Attachment 2.

4.25 The following budget requests are for consideration:

4.25.1 Tree Removal – Additional $50,000 budget required to respond to higher volumes of tree removal requests as per Council’s tree removal assessment process. Council currently has 75 requests for tree removals. 35 of these requests have been approved through the Tree Removal Application Process (TRAP), including the 13 overdue requests. Because of budget constraints, currently, only a high priority removal that has been approved has been issued to the contractor. Other approved requests will not be delivered until after 1 July 2025.

5. CONSULTATION AND STAKEHOLDERS

5.1 The quarterly budget review and consideration of unbudgeted initiatives has been conducted after engagement with relevant stakeholders from across the business if required.

6. LEGAL AND RISK IMPLICATIONS

6.1 As outlined in section 4, the Council’s financial sustainability risk is considered low based on projections resulting from the third quarter financial review (as budgeted). However, there are several specific risks that Council is facing:

6.1.1 Childcare utilisation continues to pose significant risk for Council. While there has been an improvement in long day care utilisation from 54% to 63% since February 2024, it is still below the short-term target of 70%. Officers are progressing on agreed actions including service review of children centres.

6.1.2 Persistent inflation continues to impact tender outcomes and annual contract pricing reviews – this is increasing our services cost base and portfolio delivery costs, which we are managing with tight fiscal controls. There are also two large high risk high value procurements scheduled over the next 12 months. The state government has increased their 2024/25 inflation forecast from 2.5% to 3.0% in December (which informed the rates cap decision).

6.1.3 While rates collections continue to be strong, there has been a gradual rise in total debtors over the last three years. Councill had a collection rate of 97% for 2023/24, however this means 3% (approx. $4m accumulates) to our outstanding balance each year. Council commenced soft collection using an external contractor, referring $11.7m to collection activities which has proven to be successful with $5.3m (45.4%) recovered from letters of demand and SMS campaigns.

6.1.4 There is ongoing risks that further build to rent developments will be approved. These developments are not required to provide council with open space contributions – despite population increasing. Impact of known developments equates up to $10m loss to council of open space contributions. These contributions are vital to fund our growing public and open space portfolio.

6.1.5 State Government reforms for townhouse and low-rise development (deemed to comply standards) to streamline approval process. While there will be no significant budgetary impact it is likely there will be an increase in community objections lodged resulting in more practice day hearings to determine whether there is a right to appeal or not.

6.1.6 The portfolio (including both capital and operating programs) continues to experience delivery risks for current and future years. The portfolio has been heavily review reviewed as part of the development of Budget 2024/25 to right size the portfolio however still poses a significant delivery risk for Council.

6.2 Cost shifting continues to threaten Council’s financial sustainable as highlighted in the mid-year review with significant increases passed on by the State Government through the congestion levy and waste levy, with both increasing significantly above inflation and the rates cap which will place significant burden on our Community.

7. FINANCIAL IMPACT

7.1 Budget 2024/25 was adopted with a surplus of $0.62 million. As at the end of the third quarter the surplus has increased to $1.67 million (see Attachment 1).

7.2 If the budget requests (outlined in Attachment 2) are included the cash surplus would reduce from $0.67 million to $1.62 million.

7.3 Regardless of the budget requests, Council is forecasting a low-risk financial sustainability rating at the end of the third quarter.

8. ENVIRONMENTAL IMPACT

8.1 The third quarter financial review includes adjustments to Council’s project portfolio and considers delivery and environmental impacts.

9. COMMUNITY IMPACT

9.1 The updated financial information presented as part of the third quarter financial 2024/25 review including ongoing careful financial management will continue to deliver benefits to the community and support to the local economy.

9.2 Legislation on the replacement of Property Fire Services levy with Emergency Services Volunteer Fund, expected to commence 1 July 2025, will have a significant financial burden on the community. It is expected this will raise an additional $13.7 million (57% increase) from $24 million in 2024/25 to $37.7 million in 2025/26.

9.2.1 A $500,000 apartment will see its levy rise from $175.50 to $222.50, an increase of $47 or 27%.

9.2.2 A $1.7 million detached house will see its levy rise from $279.90 to $430.10, an increase of $150.20 or 54%.

10. Gender Impact Assessment

10.1 Gender Impact Assessments (GIA) have not yet been completed for the budget requests and will be completed if the requests are approved.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 The third quarter review 2024/25 supports strategic direction 5 – “Well Governed Port Phillip” as a city that is a leading local government authority, where our community and our organisation are in a better place as a result of our collective efforts. This review helps to ensure that Port Phillip Council is cost-effective, efficient and delivers with speed, simplicity, and confidence.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 The initiatives proposed can commence immediately if approved by Council.

12.2 COMMUNICATION

12.2.1 Since the Budget was set new information on the costs of initiatives and accuracy of forecasts has been received.

12.2.2 These changes are reflected in updated forecasts in the monthly CEO report. This includes major changes including deferrals associated with the project portfolio.

12.2.3 While Council’s financial position remain sounds, there are financial risks materialising. Council is required to continue managing its finances prudently

13. OFFICER MATERIAL OR GENERAL INTEREST

13.1 No officers involved in the preparation of this report has declared a material or general interest in the matter.

ATTACHMENTS

1. Financial Statements - March 2025⇩

2. Budget Requests - March 2025⇩

3. Portfolio Updates and Achievements - March 2025⇩

8.1	Presentation of CEO Report Issue 117 - Quarter 3, 2024-25
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Kihm Isaac, Corporate Planning and Performance Advisor

13.3	Councillor Expenses Monthly Reporting - April 2025
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Mitchell Gillett, Coordinator Councillor and Executive Support