Agenda of Meeting of the Port Phillip City Council

Meeting of the Port Phillip City Council

2 July 2025

Welcome

Welcome to this Meeting of the Port Phillip City Council.

Council Meetings are an important way to ensure that your democratically elected representatives are working for you in a fair and transparent way. They also allow the public to be involved in the decision-making process of Council.

About this meeting

There are a few things to know about tonight’s meeting. The first page of tonight’s Agenda itemises all the different parts to the meeting. Some of the items are administrative and are required by law. In the agenda you will also find a list of all the items to be discussed this evening.

Each report is written by a Council officer outlining the purpose of the report, all relevant information and a recommendation. Council will consider the report and either accept the recommendation or make amendments to it. All decisions of Council are adopted if they receive a majority vote from the Councillors present at the meeting.

Public Question Time and Submissions

Provision is made at the beginning of the meeting for general question time from members of the public.

All contributions from the public will be heard at the start of the meeting during the agenda item 'Public Questions and Submissions.' Members of the public have the option to either participate in person or join the meeting virtually via Teams to ask their questions live during the meeting.

If you would like to address the Council and /or ask a question on any of the items being discussed, please submit a ‘Request to Speak form’ by 4pm on the day of the meeting via Council’s website:

Request to speak at a Council meeting - City of Port Phillip

Meeting of the Port Phillip City Council

To Councillors

Notice is hereby given that a Meeting of the Port Phillip City Council will be held in St Kilda Town Hall and Virtually via Teams on Wednesday, 2 July 2025 at 6:30pm. At their discretion, Councillors may suspend the meeting for short breaks as required.

AGENDA

1 APOLOGIES

2 MINUTES OF PREVIOUS MEETINGS

Minutes of the Meeting of the Port Phillip City Council 18 June 2025,

Minutes of the Special Meeting of the Port Phillip City Council 23 June 2025.

3 Declarations of Conflicts of Interest

4 Public Question Time and Submissions

5 Councillor Question Time

6 Sealing Schedule

Nil

7 Petitions and Joint Letters

Nil

8 Presentation of CEO Report

8.1 Presentation of CEO Report Issue 119 - May 2025..... 6

9 A Healthy and Connected Community

Nil

10 An environmentally sustainable and resilient city

Nil

11 A Safe and Liveable City............................................. 53

11.1 Adoption of the Site Contamination Management Policy 2025................................................................. 54

11.2 Adoption of the Road Management Plan 2025.......... 69

12 A vibrant and thriving community

Nil

13 An Engaged and Empowered Community........... 132

13.1 Review of Governance Rules - Release for Public Consultation.............................................................. 133

13.2 Civic and Community Flag Protocol......................... 205

13.3 Status of Council Decisions and Questions taken on Notice Recorded by Council: 1 January to 31 March 2025.......................................................................... 230

13.4 Councillor Gift, Benefit and Hospitality Policy.......... 270

13.5 S6 Instrument of Delegation - Council to Members of Staff........................................................................... 288

14 A Trusted and High-Performing Organisation 408

14.1 Proposed Discontinuance and Sale - Part Union Place (Adjoining 154-158 Bank Street) South Melbourne Vic 3205.......................................................................... 409

15 Notices of Motion

Nil

16 Reports by Councillor Delegates

17 URGENT BUSINESS

18 Confidential Matters

Nil

Meeting of the Port Phillip City Council

2 July 2025

11.1

Adoption of the Site Contamination Management Policy 2025

Executive Member:

Lachlan Johnson, General Manager, Operations and Infrastructure

PREPARED BY:

Karen Miller, Manager Project Delivery

Christopher Cook, Head of Open Space Projects

Clare Papaleo, Site Contamination Management Officer

1. PURPOSE

1.1 To present to Council for formal endorsement the updated Site Contamination Management Policy 2025

2. EXECUTIVE Summary

2.1 The Site Contamination Management Policy (the “Policy”) 2020 is due to expire in July 2025. An updated 2025 Policy has been produced for formal endorsement by Council.

2.2 There are three key areas where the 2020 and the 2025 Policy differ:

2.2.1 Legislative compliance: The 2020 Policy was developed using draft legislation, without the insights available through Environment Protection Authority Victoria (EPA Vic) guidance documents on the interpretation of the legislation. The policy has been updated to reflect the current state of knowledge now that the Act has been in place for four years.

2.2.2 Legislated Responsibilities: The 2020 Policy focussed on Council's obligations regarding contaminated land in relation to the Environment Protection Act 2017. Council also has legislated responsibilities in relation to contaminated land under as a Responsible Authority and Planning Authority under the Planning and Environment Act 1987 and a children’s services licensee under the Children’s Services Act 1995, Section 107(1). The 2025 Policy has been updated to include these responsibilities.

2.2.3 Document structure: The Policy was restructured to better align with the Policy Document Framework (Version 1.12, October 2023).

2.3 These changes have not had an impact on the methods by which Council has been managing contaminated and potentially contaminated land.

3. RECOMMENDATION

That Council:

3.1 Adopts the Site Contamination Management Policy 2025

3.2 Authorise the Chief Executive Officer, or their delegate, to finalise and make minor changes that do not materially alter the Policy.

4. KEY POINTS/ISSUES

Background

4.1 In Victoria, for over 100 years from colonization and through the peak of industrialisation (1940–1960), there was no or limited environmental regulation relating to industrial waste discharges to the environment or clean-up of former industrial sites at the end of their functional life (Kabay et al. 2023). This has resulted in widespread legacy contamination in land, groundwater and other environmental media, particularly within metropolitan Melbourne.

4.2 Specifically, within City of Port Phillip soil within parks and gardens is typically contaminated by Polycyclic Aromatic Hydrocarbons (PAHs) and metals (including lead) (WSP 2024). This is speculated to be associated with historic gasworks wastes and use of uncontrolled fill material during land reclamation (WSP 2024).

4.3 Council endorsed its first Site Contamination Management Policy (Policy) in 2004. The 2004 Policy was prepared under the legislative environment of the Environment Protection Act 1970, which was the primary instrument by which the environment was protected in Victoria at this time.

4.4 In 2018 the first authorised version of the Environment Protection Act 2017 was released. The Environment Protection Act 2017 significantly changed the regulatory landscape in Victoria and introduced several new legal responsibilities termed “environmental duties” relevant to Council.

4.5 In response to proposed legislation, Council updated the Policy in 2020. The update anticipated the changes which would be brought about by the proposed legislation and provided processes by which Council would meet its environmental duties. Of note the 2020 Policy included a process regarding the prioritisation of sites for proactive investigation using a tool termed the “Site Contamination Risk register”. This policy also formalised the position of the Site Contamination Management Officer who would be responsible for legislative compliance related to contaminated land.

4.6 After multiple iterations, the Environment Protection Act 2017 was adopted in 2021. Since then, there have been substantial changes to the regulatory environment for contaminated land in Victoria and increased clarity on how to achieve regulatory compliance.

4.7 The 2020 Policy is due to expire in July 2025. The 2020 Policy was developed using draft legislation, without the insights available through EPA guidance documents on the interpretation of the legislation. The new policy has been updated to reflect the current state of knowledge now that the Act has been in place for four years.

Legislative Context

4.8 This section of the report is intended to provide Councillors with a brief overview of the legislative context within which the 2025 Policy has been updated. Section 4 of the 2025 Policy provides more information on the relevant legislated responsibilities of Council.

4.9 The following is a summary of key environmental duties relevant to Council in its role as an “entity in control or management” of contaminated or potentially contaminated land under the Environment Protection Act 2017:

4.9.1 Duties relevant to all departments:

· General Environmental Duty

4.9.2 Duties relevant to management or control of land (e.g. capital works, parks, kindergartens):

· Duty to manage contaminated land (note: this includes a requirement to proactively assess contaminated and potentially contaminated land)

· Duty to notify of contaminated land

4.9.3 Duties relevant to the movement of waste soil (e.g. capital works):

· Duties relating to industrial wastes

· Duties and controls relating to priority wastes

· Duties and controls relating to reportable priority waste

4.9.4 Duties relevant to pollution incidents:

· Duty to take action to respond to harm caused by a pollution incident

· Duty to notify Environment Protection Agency Victoria (EPA Vic) of notifiable incidents

4.10 Council also has responsibilities in relation to contaminated land under as a Responsible Authority and Planning Authority under the Planning and Environment Act 1987 and a children’s services licensee under the Children’s Services Act 1995, Section 107(1).

Comparison between the 2020 and 2025 Policy

4.11 There are three key areas where the 2020 and the 2025 Policy differ:

4.12 Legislative compliance: There have been significant changes to the legislative landscape in contaminated land since 2020 brought about through the gazetting of the Environment Protection Act 2017 in 2021. The 2020 Policy was developed using draft legislation, without the insights available now through EPA guidance documents on the interpretation of the legislation.

4.13 The 2025 Policy provides an updated interpretation of the relevant environmental duties, aligning obligations and language to current EPA guidance. This change will better enable Council to demonstrate its understanding of, and compliance to its legislated obligations.

4.14 Legislated Responsibilities: the 2020 Policy focused solely on the role of Council as an entity in control and/or management of contaminated and potentially contaminated land. However, Council also has legislated responsibilities in relation to contaminated land as a Responsible Authority and Planning Authority under the Planning and Environment Act 1987 and a children’s services licensee under the Children’s Services Act 1995, Section 107(1).

4.15 The 2025 Policy has explicitly identified Council’s legislated responsibilities for these roles. This will enable Council to better demonstrate compliance to legislated obligations.

4.16 Document structure: the 2020 Policy acted as a framework, policy, in some instances a procedure document. Ultimately the level of detail in the 2020 Policy is inconsistent with the Policy Document Framework (Version 1.12, October 2023). In addition, due to the complexity of the document it is difficult to clearly link the policy elements to legislative compliance.

4.17 The 2025 Policy has been reorganised to better align with guidance in the Policy Document Framework (Version 1.12, October 2023) and create a clearer link between legislative responsibilities and Policy elements. The additional elements from the 2020 Policy will be moved to more relevant documentation, for example information related to procedures will be incorporated into formalised internal procedures (or process maps) maintained by the Site Contamination Management Officer.

Why endorse the 2025 Policy?

4.18 The changes to the Policy in 2025 enable Council to more easily demonstrate its understanding of, and compliance to, legislative responsibilities related to contaminated and potentially contaminated land by explicitly listing the legislated responsibilities and providing clear principles by which these will be met. In addition, the document restructure makes the Policy more accessible to people with varying levels of understanding of contaminated land.

4.19 The 2025 Policy does not change the processes by which sites are prioritised for proactive assessment or the role of the Site Contamination Management Officer.

5. CONSULTATION AND STAKEHOLDERS

5.1 The 2025 Policy has been subject to multiple rounds of internal consultation with relevant experts and practitioners within Council. In March 2025 individual consultation was undertaken with representatives of the City Planning and Sustainability team, Property and Assets Team and Waste and City Maintenance team. Changes from the initial round of consultation were incorporated into the draft 2025 Policy.

5.2 Subsequently the Draft 2025 Policy was reviewed by the Policy and Strategy Steering Committee in April. This committee included members from Governance and Performance, People, Culture and Safety, Community, Building and Inclusion, Property and Assets, City Planning and Sustainability, Corporate Planning, and Strategy Planning.

6. LEGAL AND RISK IMPLICATIONS

6.1 It is possible that there are unacceptable risks to human health and ecosystems arising from historic contamination within public open space within City of Port Phillip. If left unmanaged human health risks from historic contamination may be associated with increased rates of cancer in the community (e.g. PAHs) or developmental impacts for children (e.g. lead). Unmanaged risks to ecosystems may result in lower species diversity.

6.2 Failure to comply with environmental duties specified in the Environment Protection Act 2017 may result in enforcement action by EPA Vic. EPA Vic has powers to issue Remedial Notices, Order and Directions. These instruments are statutory directives that compel the duty holder to conduct works, stop activities, or carry out investigations. Duty holders who don’t fulfil their obligations by a set date can face prosecution.

6.3 The human health, ecosystem and legal risk implications of contaminated and potentially contaminated land should be appropriately identified in the Policy and addressed through the supporting procedures and guidance notes which will form the body of knowledge available to Council employees.

7. FINANCIAL IMPACT

7.1 The changes between the 2020 and 2025 Policy will not change the financial implications of managing contaminated and potentially contaminated land within the municipality. Financial implications are currently managed through existing operational and capital programs.

8. ENVIRONMENTAL IMPACT

8.1 The Policy enables the identification and management of the environmental load of historical contaminants in environmental media (soil, groundwater and air), enabling continued public use of open space.

9. COMMUNITY IMPACT

9.1 Effective implementation of the Policy (and subordinate procedures) will enable Council to minimise, to the extent practicable, risks associated with contaminated and potentially contaminated land from public open space to the community.

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 The Policy and associated instruments relate to the Council Plan 2025- 2035, Strategic Direction: A safe and liveable city.

11. IMPLEMENTATION STRATEGY

11.1 July 2025 – The 2020 Policy expires

11.2 July 2025 – Council adopts the 2025 Policy

11.3 Post July 2025 – the Site Contamination Management Officer will update the procedures relevant to contaminated and potentially contaminated land and develop a training program to disseminate key information to relevant internal stakeholders.

12. COMMUNICATION

12.1 The Policy 2025 includes two key principles related to internal and external communication obligations:

12.1.1 “Maintaining a culture of consultation, communication and teamwork in all aspects of contaminated land.”

12.1.2 “Developing and maintaining an effective approach to training to ensure all employees have sufficient skills to meet their legislated responsibilities in relation to contaminated land.”

12.2 The Site Contamination Management Officer has committed to developing inhouse training for the project delivery team to elevate the team understanding of legal responsibilities and procedures related to contaminated land.

13. OFFICER material OR general INTEREST

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

ATTACHMENTS

1. Site Contamination Management Policy⇩

Meeting of the Port Phillip City Council

2 July 2025

11.2

Adoption of the Road Management Plan 2025

Executive Member:

Lachlan Johnson, General Manager, Operations and Infrastructure

PREPARED BY:

Vicki Tuchtan, Manager Property and Assets

Clint Vandepeer, Head of Asset Management

1. PURPOSE

1.1 To present the amended Road Management Plan to Council for adoption following completion of the community engagement (May-June 2025).

2. EXECUTIVE Summary

2.1 As a road authority, Council has a statutory requirement under the Road Management Act 2004 (Vic) (“the Act”) for the management of the road network.

2.2 In accordance with the Act, Council prepared, maintains and implements a Road Management Plan (“RMP”) which outlines how Council inspects, maintains and manages the road network.

2.3 As required under Division 1, Regulation 8, of Part 3 of the Road Management (General) Regulations 2016 (Vic) (“the Regulations”) and Division 1, Regulation 90, of Part 4 of the Local Government Act 2020 (Vic) (“the LG Act”), each incoming municipal council must review its RMP in accordance with its deliberative engagement practices and adopt the RMP by 31 October in the year following a general election (31 October 2025).

2.4 To this end, officers commenced a review of the RMP in late 2024 to improve how we manage the maintenance of local roads, including our responsibilities, maintenance standards, and inspection processes.

2.5 A draft RMP was developed, proposing minor changes to provide clarity on inspection frequencies of bridges; update response timeframes for hazard rectification; and define intervention levels for defects of kerbs and channels, and traffic management and control devices.

2.6 At its ordinary meeting on 7 May 2025, Council recommended the statutory procedures to give public notice of Port Phillip’s review and proposed amendment of its RMP be commenced, inviting submissions to Port Phillip as the road authority within a period not less than 28 days, resolving to hear and consider any submissions received from persons aggrieved by the proposed amendment.

2.7 Following completion of the community engagement on the draft RMP, the amended RMP is provided at Attachment 1 for adoption by Council.

3. RECOMMENDATION

That Council:

3.1 Notes the public submissions received during the consultation period and thanks the community members who shared their feedback and made submissions on the draft Road Management Plan.

3.2 Adopts the amended Road Management Plan as presented in Attachment 1.

3.3 Authorises the Chief Executive Officer, or their delegate to make administrative changes to the plan that do not materially alter its intent.

3.4 In accordance with Division 2, Regulation 13, of Part 3 of the Road Management (General) Regulations 2016 (Vic), directs that:

3.4.1 Public notice of the adoption of the amended Road Management Plan be published in the Government Gazette and The Age newspaper; and

3.4.2 The adopted Road Management Plan be available for inspection at Council’s Customer Service Centre and on Council’s website.

4. KEY POINTS/ISSUES

4.1 Port Phillip’s RMP was first adopted in July 2004 in accordance with Division 5 of Part 4 of the Act.

4.2 As required under Division 1, Regulation 8, of Part 3 of the Regulations, acting as a road authority Council must regularly review its RMP.

4.3 The history of Port Phillip’s RMP includes:

4.3.1 Version 1 2004 (superseded).

4.3.2 Version 2 2009 (superseded).

4.3.3 Version 3 2013 (superseded).

4.3.4 Version 4 2017 (superseded).

4.3.5 Version 5 2021 (reviewed).

4.4 The RMP sets out the levels of service for maintaining road infrastructure and details the timeframes and standards to which Port Phillip will inspect, repair and maintain the roads, pathways and road related infrastructure it is responsible.

4.5 The RMP determines levels of service by taking into consideration the affordability, available resources and risks related to maintenance and ongoing asset performance.

4.6 Following review of the 2021 RMP, an amended RMP (refer Attachment 1) is being presented for adoption by Council as Version 6 2025, to supersede Version 5.

4.7 As Council continues to refine and improve its asset modelling and inspection data collection processes, opportunities are likely to arise in the coming years to review intervention levels.

5. CONSULTATION AND STAKEHOLDERS

5.1 As prescribed by Division 1, Regulation 10 (1e) and (2a-b), of Part 3 of the Regulations, a notice period of no less than 28 days was given for community engagement on the proposed amendment to the RMP.

5.2 Public notices were published in the Victorian Government Gazette and The Age newspaper on 8 May 2025.

5.3 A public notice was also published on Council’s website.

5.4 Public notices invited submissions on the proposed amendment during the 30-day notice period, which closed on 6 June 2025.

5.5 A Have Your Say page was created with a survey, designed for community members to share their feedback on Council’s road management. The survey invited feedback on inspections, repairs and maintenance as described in the draft RMP.

5.6 The review of the RMP 2021 was also be communicated electronically via Port Phillip’s Divercity e-news and social channels.

5.7 There was a low response rate to the survey, with five (5) responses received. Community feedback received from the survey addressed the following themes: asset protection and damage from other authorities (2), response times (2), and proactive inspection frequency (3). One respondent commented on a specific location which is out of scope of the RMP, however officers have referred the comment to the relevant team for further investigation and response separately.

5.8 In response to the invitation for submissions, two (2) submissions were received from members of the public. Officers have spoken with both submitters, whose submissions related to transport safety and commented on specific locations which is out of scope of the RMP. Officers have however with their permission raised customer requests on their behalf, seeking a review of the matters raised by the relevant team for further investigation and response separately. As a result, both submitters have agreed their submission be withdrawn, with the expectation that feedback will be actioned via the customer request channel.

5.9 Officers have considered the public submissions and community feedback received during the consultation period and drafted a final version of the RMP for adoption (refer Attachment 1).

5.10 Pending adoption, the final version of the RMP will be made available to the public on Council’s website, and on the dedicated Have Your Say page for the RMP.

6. LEGAL AND RISK IMPLICATIONS

6.1 The RMP has been developed in accordance with the Act and Regulations to clearly define Council’s, other road authorities’, and road users’ responsibilities to ensure the needs of the community are met and risks are appropriately managed.

6.2 The RMP service standards align with the funding provided in Council’s annual budget process and long-term financial forecasts.

6.3 The amendments included in the RMP are minor and do not significantly alter the risk profile associated with Council’s road assets. They provide clarity on inspection frequencies of bridges; update response timeframes for hazard rectification; and define intervention levels for defects of kerbs and channels, and traffic management and control devices.

7. FINANCIAL IMPACT

7.1 The 10-year Transport Asset Management Plan, reviewed annually, identifies the whole of life costs of operating, maintaining, renewing, and upgrading our road network and informs Council’s annual budget process and long-term financial forecasts.

7.2 The Service Intervention levels and response times in the RMP are embedded in our Civil Infrastructure Maintenance Contract and budgeted for in Council’s Long-Term Financial Plan.

7.3 At the time of writing, Council has proposed in its draft Budget 2025/26 and Council Plan a significant increase in investment in the road portfolio. This increased investment, along with Council’s asset management improvement initiatives is likely to yield opportunities to amend inspection and intervention levels in a future RMP.

8. ENVIRONMENTAL IMPACT

8.1 The operation and function of Council’s road network has a direct environmental impact on our community.

8.2 Council’s 10-Year Transport Asset Management Plan details how sustainable procurement, climate change, and asset resilience service objectives will be delivered for Council’s Integrated Transport Plan and Greening Port Phillip Strategy.

9. COMMUNITY IMPACT

9.1 The operation and function of Council’s road network has direct impact of the health and wellbeing of our community.

9.2 The Service Standards and Response times meet industry best practice and are aligned with community expectations, which are monitored through annual community surveys.

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 The proposal aligns to the strategic direction ‘A safe and liveable City’ ensuring Council maintains a Road Management Plan that outlines how it inspects, maintains and manages the road network.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 If the amended RMP is adopted by Council, it will come into effect from 3 July 2025.

12.2 COMMUNICATION

12.2.1 Pending adoption, in accordance with Division 2, Regulation 13, of Part 3 of the Regulations, a notice will be published in the Victoria Government Gazette and The Age newspaper confirming adoption of the revised RMP, while noting the availability of the revised plan at Council’s Customer Service Centre and on Council’s website.

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. Road Management Plan 2025 Version 6⇩

Meeting of the Port Phillip City Council

2 July 2025

13.1	Review of Governance Rules - Release for Public Consultation
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Emily Williams, Senior Council Business Advisor

1. PURPOSE

1.1 To present to Council proposed updates to the Governance Rules to enhance the overall effectiveness of decision making and meeting procedures at the City of Port Phillip.

1.2 To consider the release of the Draft Governance Rules for public consultation.

2. EXECUTIVE Summary

2.1 Council is required to adopt and maintain Governance Rules in accordance with section 60 of the Local Government Act 2020 (The Act). These rules, which govern the procedures for Council meetings, play a critical role in ensuring transparency, accountability, and the overall effectiveness of decision-making within Council. By providing clear guidelines for how meetings are conducted, the Governance Rules are fundamental to maintaining a well-functioning and effective governance framework.

2.2 City of Port Phillip’s Governance Rules were last updated in 2022, being adopted on 8 September 2022. The Rules have been in effect since that time. City of Port Phillip Governance Rules 2022.

2.3 The previous Council term requested officers to undertake a review of the Governance Rules due to a recurring pattern of meetings running late.

2.4 Council officers sought feedback from the former Councillors in August 2024 and a benchmarking exercise was conducted in late 2024 as part of this proposal to compare the City of Port Phillip’s Governance rules against those of neighbouring councils, to allow the City of Port Phillip and the community to consider best- practice.

2.5 In early 2025, officers presented the findings of the benchmarking exercise to the new Councillors and recommended proposed changes to the Governance Rules. With the knowledge that Model Governance Rules are likely to be released later in 2025, Councillors were supportive of undertaking a review.

2.6 The benchmarking identified that the City of Port Phillip has one of the highest levels of community engagement and public participation at Council meetings across the Local Government Sector. This has resulted in a recurring pattern of meetings running late under the existing rules which creates challenges, including health and safety concerns and the risk of reduced effectiveness in decision making.

2.7 This review presents a valuable opportunity to refine our practices, ensuring that Council continues to operate efficiently and in the best interests of the community with a particular focus on the following objectives:

· Health and safety obligations, ensuring a safe and supportive environment for Councillors, officers and the community.

· Enhancing good governance and fostering a culture of transparency and accountability,

· Ensuring that Councillors are empowered to fully and effectively carry out their roles and responsibilities, and

· Streamlining meeting processes to improve efficiency and decision-making.

2.8 To support the above, the Governance Rules have been updated (Attachment 1) with proposed changes for Community feedback. The changes also contain further clarifications and updates. A table has been provided (Attachment 2) that describes the proposed changes and the intent behind them.

3. RECOMMENDATION

That Council:

3.1 Endorses the Draft updated Governance Rules (Attachment 1) to be released for community engagement.

3.2 Notes that the proposed updated Governance Rules enhance good governance and foster a culture of transparency and accountability, streamline meeting procedures to improve efficiency and decision making and address occupational health and safety obligations, ensuring a safe and supportive environment for Councillors, officers and the Community.

3.3 Notes that community engagement is required in relation to developing or amending the Governance Rules under the Local Government Act 2020 and will occur from Monday 7 July through to Sunday 3 August 2025.

3.4 Notes that a second report will be brought to Council with the results of the consultation and any recommended changes to the Governance Rules for consideration by Council.

4. KEY POINTS/ISSUES

4.1 The key changes have been proposed to streamline meeting processes to improve efficiency and decision making including:

Proposed changes that enhance Safety and Well-being

4.2 A number of changes have been proposed to reduce the overall time duration of Council meetings and address the CEO’s occupational health and safety obligations, ensuring a safe and supportive environment for both Councillors and officers including:

a) Proposed introduction of a time limit for the overall duration of meetings

b) Proposed introduction of Councillor speaking times

c) Proposed reduction of all public speaking time to two minutes per speaker.

IBAC Recommendations

4.3 Recommendations directed to the Minister for Local Government as a result of the 2023 Operation Sandon Special Report released by the Independent Broad-based Anti-Corruption Commission (IBAC) have also been proposed to:

a) Remove provision for items to be moved and seconded en bloc. (En bloc refers to the practice of grouping motions together and taking a single vote to pass the grouped motions)

b) Record the vote of Councillors where the vote is not unanimous

These recommendations are anticipated to be incorporated into the proposed model Governance Rules. Local Government Victoria (LGV) has confirmed they have commenced the development of Model Governance Rules to be published by December 2025.

Petitions, Joint Letters and Deputations

4.4 A number of changes have been proposed to refine the process for lodging a Petition or Joint Letter to a Council meeting including

a) Increasing the minimum number of signatures required for a petition from five signatures to ten signatures.

b) Introduction of provisions to decline a Petition or Joint Letter that:

i. Is vague or unclear in intention

ii. deals with a matter which is beyond Council's power;

iii. deals with a matter which, if actioned by Council, would result in Council acting invalidly;

iv. is aimed at embarrassing a Councillor of a member of Council staff; or

v. contains a complaint against the actions or failures of staff or a Council department. This will be handled by Council as a letter of complaint and handled in accordance with Council’s managing complaints policy.

c) Additional provisions for Petitions and Joint Letters pertaining to operational matters be referred to the CEO for consideration.

d) Introduction of a midday deadline for submitting Petitions and Joint Letters introduced at least seven days prior to the meeting to assist with the timely compilation of the agenda

e) Only permit the lead submitter or their representative to speak to the Petition or Joint Letters at a Council meeting.

f) Additional section to introduce deputations at Council meetings. Deputations allow individuals or groups to address Council directly about specific matters relevant to the council's functions. This provision is proposed to be added to the Governance Rules to contribute to strengthening community engagement and public participation at meetings.

Notices of Motion

4.5 Additional provisions have been proposed relating to Notices of Motion whereby a Councillor Notice of Motion seeks to:

I. Substantially affect the level of Council services,

II. Commit Council to expenditure in excess of $5,000, that has not been included in the adopted budget.

III. Commit Council to any contractual arrangement, or

IV. Take any action that the Chief Executive Officer determines, in their sole discretion, would unreasonably divert officer resources,

the Notice of Motion must only call for an Officer Report to be prepared and presented to Council and, if the Notice of Motion is carried, the Officer Report will be presented to the next scheduled Council meeting where it is practicable to do so.

4.6 Additional provision if a Notice of Motion, whether amended or not, is lost, a similar motion cannot again be put before Council for a period of three (3) calendar months from the date it was lost.

Proposed minor clarifications and updates

4.7 A number of minor changes have also been proposed to the overall document to ensure that Council meeting processes are clear and fair for the benefit of both the community and Councillors. The full list of these changes has been provided as a summary in Attachment 2.

5. CONSULTATION AND STAKEHOLDERS

5.1 Section 60 (4) of the Local Government Act 2020 requires any changes to the Governance Rules to go through a community engagement process prior to being endorsed.

5.2 Consultation will be undertaken for a period of one month through Council’s Have Your Say page.

6. LEGAL AND RISK IMPLICATIONS

6.1 The proposed changes ensure compliance with the Local Government Act 2020.

7. FINANCIAL IMPACT

7.1 There are no financial impacts from the proposed changes.

8. ENVIRONMENTAL IMPACT

8.1 There are no environmental impacts from the proposed changes.

9. COMMUNITY IMPACT

9.1 The proposed changes recommend to:

9.1.1 Reduce public speaking time to be two minutes at all times.

9.1.2 Amend the public participation registration closure time from 4 pm on the day of the meeting to midday.

9.1.3 Increase the minimum number of signatures required for a petition from five signatures to ten signatures.

9.1.4 A midday deadline for submitting Petitions and Joint Letters introduced at least seven days prior to the meeting to assist with the timely compilation of the agenda

9.1.5 Only permit the lead submitter or their representative to speak to the Petition or Joint Letters at a Council meeting.

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 The changes align to the strategic direction ‘An engaged and empowered community’ ensuring that Council have Governance Rules that are fit for purpose and compliant with the Local Government Act 2020.

11. IMPLEMENTATION STRATEGY

11.1 TIMELINE

11.1.1 Consultation will begin the Monday after the Council decision to adopt the draft updated Governance Rules. The community will have the opportunity to provide feedback via Council’s Have Your Say page from Monday 7 July through to Sunday 3 August 2025.

11.1.2 A report will be brought back to Council in September with the results of the consultation and any recommended changes for Council to consider for adoption.

11.2 COMMUNICATION

11.2.1 Council’s Governance Rules:

· Ensure that proceedings and decision making by Council is transparent and understandable to all people who wish to participate in and observe meetings of Council.

· Ensure participation in proceedings is accessible and balanced with Council’s primary decision-making role.

· Ensure proceedings and decision making is conducted in accordance to the principles of procedural fairness and good governance.

· Ensure proceedings and decision making is made in a safe and respectful environment and provides an equal opportunity for all to participate, with respect being accorded to the expression of differing views.

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. Draft Governance Rules - Tracked Changes⇩

2. Governance Rules Changes Summary Table⇩

Meeting of the Port Phillip City Council

2 July 2025

13.2	Civic and Community Flag Protocol
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Mitchell Gillett, Coordinator Councillor and Executive Support

1. PURPOSE

1.1 To present these updated documents to Council for endorsement:

1.1.1 Civic and Community Flag Protocol

1.1.2 Community Flagpole and Illumination Scheme

2. EXECUTIVE Summary

2.1 Flags, as well as banners and façade illumination, serve as powerful symbols of identity, unity, and tradition, reinforcing community pride and commemorating important events within our city.

2.2 Proper flag display is guided by national and state protocols to ensure consistency and respect, with councils incorporating official guidelines into their respective local flag policies.

2.3 Council’s Flag Protocol has not been updated since 2004 and does not currently include considerations relating to banners or façade illumination.

2.4 Officers have used this opportunity to improve the clarity of the Protocol in relation to scope, purpose, and details relating to flags, for example civic vs community flagpoles.

2.5 Officers have also updated the Community Flagpole and Illumination Scheme, giving greater clarity to the community on access to community flagpoles, erecting banners and illuminating our town hall facades.

3. RECOMMENDATION

That Council:

3.1 Endorse the Civic and Community Flag Protocol

3.2 Endorse the Community Flagpole and Illumination Scheme

3.3 Authorises the CEO, or their delegate, to make administrative changes to the Protocol and Scheme that do not materially alter its intent.

4. KEY POINTS/ISSUES

4.1 Council’s Civic Flag Protocol was adopted in 2004 and has been enacted every year since its adoption.

4.2 The City of Port Phillip is committed to ensuring that flag positioning at St Kilda Town Hall (SKTH) reflects both official guidance and the expectations of the community.

4.3 As such the updated Civic and Community Flag Protocol (Attachment 1) recognises the significance of flags as symbols of identity and unity and so Council seeks to uphold a policy that is balanced, respectful, and responsive.

4.4 In 2018, a community flagpole was installed at each of the three town halls. As a standard, the community flagpoles will fly the City of Port Phillip flag.

4.5 Council’s Community Flagpole and Banner Scheme was adopted in 2021, giving the opportunity for the community to request flags be flown on community flagpoles and has been in effect since adoption.

4.6 A ‘Community Flagpole Schedule’ has been developed which sets out days of significance throughout the year when flags other than the standard flag should be flown and from which community flagpoles.

4.7 In 2025, permanent façade lighting infrastructure was installed at the St Kilda Town Hall enabling it to be illuminated in different colours.

4.8 A ‘Town Hall Illumination Schedule’ has been developed which sets out days of significance throughout the year when the St Kilda Town Hall be illuminated in colours other than the default “warm white” illumination colour.

4.9 The updated ‘Community Flagpole and Illumination Scheme’ (Attachment 2) will provide the community with guidance on how to request access to community flagpoles, display of banners and town hall façade illumination.

5. CONSULTATION AND STAKEHOLDERS

5.1 Internal teams that are involved in the display of flags and banners and town hall façade illumination have been consulted and provided input into the preparation of the updated protocol.

5.2 The Protocol and Scheme have not been the subject of any community consultation

6. LEGAL AND RISK IMPLICATIONS

6.1 There are no legal and risk impacts arising as a result of this report.

7. FINANCIAL IMPACT

7.1 There are no financial impacts arising as a result of this report.

8. ENVIRONMENTAL IMPACT

8.1 There are no environmental impacts arising as a result of this report.

9. COMMUNITY IMPACT

9.1 Council recognises that the display of flags and banners and the illumination of town hall facades can provide opportunities to celebrate days/ causes/achievements that are significant to the City of Port Phillip and are ways of strengthening community pride within the city.

10. Gender Impact Assessment

10.1 A GIA has not been completed in relation to this report.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 An Engaged and Empowered Community.

11.2 Reviews of Council Policy ensures policies remain current, relevant, and effective. This helps to promote good governance by maintaining compliance and operational consistency while responding and adapting to community expectation.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 The Civic and Community Flag Protocol and Community Flagpole and Illumination will take effect once adopted.

12.2 COMMUNICATION

12.2.1 A new council webpage will be developed and published as soon as reasonably practicable following adoption.

12.2.2 The webpage will contain the updated Flag Protocol, the Community Flagpole and Illumination Scheme and online forms enabling community to easily request access to the community flagpoles, display of banners and town hall façade illumination.

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. Civic and Community Flag Protocol⇩

2. Community Flagpole and Illumination Scheme⇩

Meeting of the Port Phillip City Council

2 July 2025

13.3	Status of Council Decisions and Questions taken on Notice Recorded by Council: 1 January to 31 March 2025
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Emily Williams, Senior Council Business Advisor

1. PURPOSE

1.1 To provide Councillors with an update on the status of all Resolutions passed by Council at Council and Planning Committee Meetings between 1 January to 31 March 2025 and the status of actions that were previously reported as outstanding in the last quarterly status report.

1.2 To provide Council with an update on the status of Questions Taken on Notice during Council Meetings from 1 January to 31 March 2025.

2. EXECUTIVE Summary

Council Resolutions

2.1 The implementation status of Council Resolutions is a vital measure of Council’s performance. This process may also assist reporting for the Local Government Performance Reporting Framework.

2.2 There has been a total of 35 Resolutions (decisions) that have been made by Council, in Council and Planning Committee meetings open to members of the public, between the period of 1 January to 31 March 2025. Of these, 2 decisions remain open/outstanding.

2.3 There has been a further 4 decisions that were made in a Council meetings closed to members of the public. These confidential decisions have been completed.

2.4 This report includes a further 17 decisions that remain outstanding and a further 9 decisions that have been completed from previous reporting periods (that is, prior to 1 January 2025).

2.5 This report is a report in time and is representative of decisions made by Council in the period 1 January to 31 March 2025.

Questions taken on notice

2.6 At each meeting, provision is made at the beginning for members of the public and for Councillors to ask general questions. Questions relating to a topic on the agenda are not permitted during this time however can be asked prior to the discussion of that item. When a question is unable to be responded to at the time, it is taken ‘on notice’ for a response to be provided.

2.7 The response status of Questions taken on Notice during Council meetings is a measure of Council’s engagement and communication with the community.

2.8 A total of 13 questions were taken on notice during the period 1 January to 31 March 2025 in Council meetings open to members of the public. A copy of the responses to each of these questions has been made available on the website: Meetings and Agendas - City of Port Phillip. One further question was taken on notice during a meeting closed to members of the public, this response is confidential, therefore not made available on the website.

2.9 A summary of responses to questions taken on notice during this reporting period are contained in Attachment 3 to this report.

3. RECOMMENDATION

That Council:

3.1 Notes the implementation status of Council and Planning Committee Resolutions as contained in Attachments 1 and 2.

3.2 Notes the response status of questions taken on notice during Council Meetings as contained in Attachment 3.

4. KEY POINTS/ISSUES

4.1 Accountability is a fundamental requirement of good governance. Council has an obligation to report, explain and be answerable for the consequences of decisions it has made on behalf of the community.

4.2 Reporting on the progress of the implementation of Council resolutions provides Council with the information it needs to demonstrate its accountability to the community.

4.3 Decisions of Council should be implemented in an effective, timely, appropriate, and responsive manner that makes the best use of the available people, resources, and time to ensure the best possible results.

4.4 Council Resolutions

4.4.1 A resolution made by Council is when an officer recommendation or a Councillor’s motion is adopted at a Council Meeting or Planning Committee (i.e., a decision has been made). Once a decision on a recommendation has been made, it turns into a resolution. These resolutions are tracked through an internal system.

4.4.2 Attachments 1 and 2 of this report include a summary of the actions taken to implement resolutions where required, or confirmation that Council has noted items where appropriate. The summary of actions has been compiled and divided into the following categories:

· Status of Resolutions made at Council Meetings – Outstanding

· Status of Resolutions made at Council Meetings and Planning Committee Meetings – Completed

4.4.3 The Status of Resolutions documents include resolution of officer’s reports, notices of motion, petitions and joint letters, and items of urgent business. Resolution of procedural motions (i.e., attendances and apologies, closing the meeting to discuss confidential items) have not been included.

4.4.4 Some of the reasons that resolutions have not been fully implemented may relate to consultation processes being undertaken, awaiting legal advice, or waiting for documents to be executed.

4.4.5 Where it is expected that a resolution may take a longer time to fully implement, the expected completion date has been extended.

4.5 Questions taken on notice

4.5.1 At each meeting, provision is made at the beginning for members of the public and for Councillors to ask general question/s. Questions relating to a topic on the agenda are not permitted during this time but can be asked prior to the discussion of that item. When a question is unable to be responded to at the time, it is taken ‘on notice’ for a response to be provided.

4.5.2 Attachment 3 of this report includes a summary of questions asked and a link to where the responses to those questions has been published on Council’s website.

5. CONSULTATION AND STAKEHOLDERS

5.1 This report provides Council and the community with an update on the implementation of outcomes of council decisions.

6. LEGAL AND RISK IMPLICATIONS

6.1 If decision-making is open and able to be followed by observers, it is more likely that all relevant legal requirements will be complied with.

7. FINANCIAL IMPACT

7.1 There are no financial impacts arising from this report.

8. ENVIRONMENTAL IMPACT

8.1 There are no environmental impacts arising from this report.

9. COMMUNITY IMPACT

9.1 Making decisions and having to account for them in an open and transparent way encourages honest consideration of issues by Councillors and promotes community confidence in the decision-making process.

9.2 Members of the community should be able to follow and understand the decision-making process. This means that they will be able to clearly see where a decision was made, and how this decision was implemented.

10. Gender Impact Assessment

10.1 This report is a status report of decisions made by Council and does not require a Gender Impact Assessment to be completed.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 Reporting on the progress of Council resolutions delivers on Direction 5 of the Plan for Port Phillip (An engaged and Empowered Community), by providing a transparent and good governance approach to decision making.

11.2 Good decision-making processes helps people feel that Council will act in the community’s overall interest. It also encourages Councils to remember that they are acting on behalf of their community and helps them to understand the importance of having open and ethical processes which adhere to the law and stand up to scrutiny.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 Council receives ongoing reporting on the status of implementation of Council Decisions, and questions taken on notice at Council Meetings, on a quarterly basis.

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. Outstanding Decisions as at 31 March 2025 - Council Meetings⇩

2. Completed Decisions 1 January - 31 March 2025 - Council and Planning Committee Meetings⇩

3. Questions taken on Notice - 1 January - 31 March 2025⇩

Meeting of the Port Phillip City Council

2 July 2025

13.4	Councillor Gift, Benefit and Hospitality Policy
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Katrina Collins, Senior Governance Advisor

1. PURPOSE

1.1 To present to Council for formal endorsement, the Councillor Gift, Benefit and Hospitality Policy (Attachment 1).

2. EXECUTIVE Summary

2.1 Section 138 of the Local Government Act 2020 (the Act) requires Councils to maintain a Councillor Gift Policy and register.

2.2 Council last endorsed the Councillor Gift, Benefit and Hospitality Policy (the policy) in April 2021. Regular reviews of policies are essential to ensure they meet current requirements.

3. RECOMMENDATION

That Council:

3.1 Adopts the Councillor Gift, Benefit and Hospitality Policy, required under Section 138 of the Local Government Act 2020 as outlined in Attachment 1.

3.2 Authorises the Chief Executive Officer, or their delegate, to finalise the document and make any minor amendments that do not materially alter the intent of the policy.

4. KEY POINTS/ISSUES

4.1 Council is required to maintain a Councillor Gift Policy under section 138(1) of the Local Government Act 2020 (the Act). Council has scheduled a periodic review of this policy to ensure impartiality and transparency in Council decision-making is maintained.

4.2 The Councillor Gift, Benefit, and Hospitality Policy was developed with consideration of the 2019 Independent Broad-based Anti-Corruption Commission (IBAC) Local Government Integrity Frameworks Review and the Victorian Public Service Commission’s Gifts, Benefits, and Hospitality Minimum Accountabilities.

4.3 The Councillor Gift, Benefit, and Hospitality Policy identifies what can and cannot be accepted by Councillors and the process for declaration.

4.4 The section on prohibited gifts has been updated to clarify that it is the responsibility of Councillors to decide whether to accept a gift, with clear information on different types of gifts.

4.5 The section on anonymous gifts has been rewritten for clarity. It now includes the requirement that anonymous gifts below the gift disclosure threshold must be refused, even though this is not an offence under the Act.

4.6 The section on hospitality has been revised. The objective of these changes was to streamline the requirements pertaining to hospitality.

4.7 The declared gifts amounts for declaring accepted and declined gifts and the details will be included in the Gift and Benefits Register – a copy of which will be made available on Council’s website

4.8 The Councillor Gift, Benefit, and Hospitality Declaration Form has been removed from the policy to facilitate the development of an online declaration form that aligns with the requirements of the endorsed policy.

4.9 The policy has been reformatted to align with the current City of Port Phillip policy template and some sections added or expanded.

5. CONSULTATION AND STAKEHOLDERS

5.1 Under section 138 of the Local Government Act 2020 there is not a requirement for community consultation on the Councillor Gift, Benefit and Hospitality Policy.

5.2 In the process of reviewing the Policy, officers have taken into account IBAC’s Local Government Integrity Frameworks Review and the Victorian Public Service Commission’s Gifts, Benefits, and Hospitality Minimum Accountabilities.

5.3 To ensure the Policy aligns with best practices, benchmarking was conducted against the policies of other councils, especially those of the M9 Councils.

6. LEGAL AND RISK IMPLICATIONS

6.1 Section 138 of the Local Government Act 2020 requires that a Council produce a Councillor Gift Policy.

6.2 The Councillor Gift, Benefit, and Hospitality Policy has been reviewed to mitigate various risks associated with the improper declaration and reporting of gifts.

6.3 The policy has also been reviewed to ensure it complies with the Local Government Act 2020.

7. FINANCIAL IMPACT

7.1 The costs to develop the Councillor Gift, Benefit and Hospitality Policy and maintain the Register will be managed by Governance and Organisational Performance.

8. ENVIRONMENTAL IMPACT

8.1 No environmental impact has been identified.

9. COMMUNITY IMPACT

9.1 The Councillor Gift, Benefit, and Hospitality Policy has been reviewed with the understanding that Councillors are expected to receive invitations and attend various events, including major ones, within Port Phillip. By including a section on official business, the Policy clarifies that the community benefits from Councillors' attendance at these events.

9.2 The Policy establishes a framework and clear guidelines for the acceptance and declaration of gifts, benefits, and hospitality by Councillors, ensuring the highest standards of integrity, transparency, and accountability are maintained at all times.

10. Gender Impact Assessment

10.1 In the preparation of this report a Gender Impact Assessment (GIA) in accordance with the Gender Equality Act 2020 was not required.

11. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

11.1 The review of the Councillor Gift, Benefit and Hospitality Policy supports Council’s Strategic Direction – An Engaged and Empowered Community.

11.2 The review of the Policy ensures it manages risk by establishing a framework and clear guidelines for the acceptance and declaration of gifts, benefits, and hospitality by Councillors.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 The Councillor Gift, Benefit and Hospitality Policy takes effect once endorsed.

12.2 COMMUNICATION

12.2.1 Officers will provide a copy of the policy to each Councillor and make the policy publicly available on Council’s website.

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. Draft Councillor Gift, Benefit and Hospitality Policy 2025 _Final⇩

Meeting of the Port Phillip City Council

2 July 2025

13.5	S6 Instrument of Delegation - Council to Members of Staff
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Katrina Collins, Senior Governance Advisor

1. PURPOSE

1.1 To present to Council an updated S6 Instrument of Delegation from Council to Members of Council Staff.

2. EXECUTIVE Summary

2.1 The current delegation from Council to Members of Council Staff was adopted by Council on 27 November 2024, and provides for Council staff to exercise the powers, duties and functions under various Acts and Regulations.

2.2 Council’s lawyers have provided an update for the ongoing maintenance of Council’s Delegation Manual and considers changes to legislation that were assented to, or made, which affect Council’s powers, duties and functions.

2.3 The changes proposed to the delegation from the current version are minor and reflect the inclusion and amendments to officer titles.

2.4 This report presents to Council the proposed changes to the existing S6 Instrument of Delegation from Council to Members of Council Staff as shown at Attachment 1.

3. RECOMMENDATION

That Council:

3.1 Delegates to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the S6 Instrument of Delegation from Council to Members of Council Staff (Attachment 1) the powers, duties and functions set out in that Instrument, subject to the conditions and limitations specified in that instrument.

3.2 The Common Seal of Council be affixed to the S6 Instrument of Delegation from Council to Members of Council Staff.

3.3 The S6 Instrument of Delegation from Council to Members of Council Staff comes into force immediately from when the Common Seal of Council is affixed to the Instrument.

3.4 Notes that on the coming into force of the S6 Instrument of Delegation, the previous S6 Instrument of Delegation from Council to members of Council staff (authorised by resolution of Council on 27 November 2024) is revoked.

3.5 Notes that the duties and functions set out in the Instrument must be performed, and the powers set out in the Instrument of Delegation must be executed, in accordance with any policies of Council that it may from time to time adopt.

3.6 Authorises the CEO, or their delegate, to make administrative changes to the document to correct any titles and typographical errors, to enable the documents to be appropriately sealed.

4. KEY POINTS/ISSUES

4.1 The Local Government Act 2020 expressly provides for a Council to delegate a power, duty or function to the Chief Executive Officer or a member of a delegated committee, to act on behalf of Council.

4.2 Additionally, in the exercise of the powers conferred by the legislation referred to in the S6 Instrument of Delegation, Council may also delegate certain powers, duties and functions directly to members of Council staff.

4.3 The Council is a legal entity comprised of Councillors and is not a “natural person”, so Council can only act in one of two ways: either by resolution of Council in a Council meeting, or through others acting on its behalf as delegates. It is impractical for Council to deal with all day to day issues, therefore many operational actions are performed by staff under delegation from Council.

4.4 Council currently has in place two separate types of delegations from Council to Council staff, being delegations to:

4.4.1 The Chief Executive Officer (CEO), which also includes the power for the CEO to sub-delegate to Council staff; and

4.4.2 Members of Council staff.

4.5 The Instrument of Delegation is based on model templates provided and regularly updated by Maddocks Lawyers. Council’s Delegations are generally updated twice a year. Reviews are undertaken regularly, and amendments are made from time to time to reflect changes in legislation and/or officer titles.

5. CONSULTATION AND STAKEHOLDERS

5.1 The instrument of delegation is a statutory document under the legislation referred to in the S6 Instrument of Delegation and is based on information supplied to Council by Maddocks Lawyers.

5.2 Relevant departments across the organisation have been involved in the consultation process to inform the relevant positions within Council to be ‘delegated’ the right duties, powers and functions under each respective piece of legislation.

6. LEGAL AND RISK IMPLICATIONS

6.1 Delegations reflect the powers, duties and functions that can be delegated under the legislation referred to in the Instrument and enable the day to day operations of the Council to be performed.

6.2 Reviewing Council’s delegations ensures Council continues to comply with its obligations under various Acts and Regulations and enables the business of Council to be carried out efficiently.

6.3 Councils are required to maintain a register of all the instruments of delegation that are in force in accordance with S11 of the Local Government Act 2020.

7. FINANCIAL IMPACT

7.1 There are no financial implications arising from the recommendation contained in this report.

8. ENVIRONMENTAL IMPACT

8.1 There are no environmental impacts arising from this report.

9. COMMUNITY IMPACT

9.1 There are no community impacts arising from this report.

10. ALIGNMENT TO COUNCIL PLAN AND COUNCIL POLICY

10.1 Ongoing maintenance of the Instrument of Delegation supports Council’s Strategic Direction – An Engaged and Empowered Community.

10.2 Reviewing Council’s delegations ensures Council manages risk by ensuring delegated positions continue to comply with obligations under various Acts and Regulations.

11. IMPLEMENTATION STRATEGY

11.1 TIMELINE

11.1.1 If approved by Council, the delegation will apply with immediate effect.

11.2 COMMUNICATION

11.2.1 Under the Local Government Act 2020, and in accordance with Council’s Public Transparency Policy, a Register of Delegations must be maintained and made publicly available on Council’s website.

11.2.2 Notification of endorsed changes will be circulated to all council staff.

12. OFFICER MATERIAL OR GENERAL INTEREST

12.1 No officers involved in the preparation of this report have any material or general interest in the matter.

ATTACHMENTS

1. S6 Instrument of Delegation Council to Staff - June 2025 Marked up⇩

Meeting of the Port Phillip City Council

2 July 2025

14.1

PROPOSED DISCONTINUANCE AND SALE - PART UNION PLACE (ADJOINING 154-158 BANK STREET) SOUTH MELBOURNE VIC 3205

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 For Council to consider whether part of Union Place, South Melbourne VIC 3205, more particularly described on the City of Port Phillip’s Register of Roads as UNIP01-10 and shown hatched in the image below (“the Road”), should be discontinued pursuant to the Local Government Act 1989 (Vic) (“the Act”) and sold to an adjoining property owner.

2. EXECUTIVE Summary

2.1 The City of Port Phillip’s Road Discontinuance and Sale of Roads Policy (Version 2.1 March 2022) sets out Council’s approach to the discontinuance and sale of roads and laneways to ensure that those roads reasonably required for public access remain open to the public and those not generally required for public access may be discontinued and the land sold.

2.2 The portion of Road in question is 32 square metres (approx.) in total land area.

2.3 The subject parcel comprises a narrow rectangular allotment situated between two parcels. Its north and west borders adjoin 154-158 Bank Street, South Melbourne and its southern border runs along the northern boundary of 152 Bank Street, South Melbourne.

2.4 The land is zoned Neighbourhood Residential 1 Zone (NRZ1) pursuant to the Port Phillip Planning Scheme.

2.5 The subject land is situated between Lot 1 on Title Plan 010026N (152 Bank Street) and land in Plan of Consolidation 154904 (154-158 Bank Street) (refer to the diagram below).

2.6 The Road is listed on City of Port Phillip’s Register of Roads being identified as UNIP01-10.

2.7 This section of the Road is considered no longer reasonably required for general public use, as it:

2.7.1 Does not form part of a thoroughfare for pedestrian or vehicular traffic to any other public road; and

2.7.2 Other than providing pedestrian and vehicular access to the applicant, benefits only one other adjoining owner situated at 206-208 Bank Street, South Melbourne. The 206-208 Bank Street owner has verbally indicated to Officers that they have no objection to the discontinuance and sale of the Road to the applicant.

2.8 The owner of 154-158 Bank Street, South Melbourne (“the Owner”) has requested that Council discontinues and sells part of the Road to them (“the Proposal”).

2.9 Council has no current or future municipal use of the road, thus providing the land to have a more compatible use with the adjoining owner.

3. RECOMMENDATION

That Council:

3.1 Acting under section 17(4) of the Road Management Act 2004 (Vic), resolves that part of Road UNIP01-10 be removed from Council’s Register of Public Roads 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 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;

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

3.2.3 Resolves that the public notice required to be given under sections 207A and 223 of the Act should state that if the Road is discontinued, Council proposes to sell the land in the Road to the adjoining owner of 154-158 Bank Street, South Melbourne, Victoria 3205;

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 this 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.

4. KEY POINTS/ISSUES

Background

4.1 As part of the road network, rights of way and laneways were developed to satisfy a historical need and were documented in early plans of subdivision.

4.2 In most cases, a road is still required for access or other strategic purposes and should remain open to the public, however, Council may support the discontinuance of a road within its municipality if it is considered in the best interests of the community.

4.3 Unless the subject road is on Crown land, the land vests in Council and Council can subsequently sell the land from the discontinued road or retain it for municipal purposes.

4.4 If the land is subsequently sold, it is generally sold at prevailing market value for land in that location unless exceptional circumstances deem a discounted price appropriate.

4.5 Any discontinuance and sale of a road is to be carried out in accordance with the provisions of clause 3 of Schedule 10 of the Act and Council’s Discontinuance and Sale of Roads Policy (Policy).

Road

4.6 The Road is listed on City of Port Phillip’s Register of Roads and is more particularly identified as UNIP01-10.

4.7 The Road is approximately 32 square metres in total land area and is situated at the western termination of Union Place, South Melbourne.

Adjoining Property

4.8 Properties that directly adjoin the Road portion in question are currently in the ownership of the applicant.

4.9 The owner 206-208 Moray Street, South Melbourne enjoys the benefit of direct Road frontage to Union Place on the southern boundary alignment. Vehicular access via Union Place is provided to access a double garage. The owner has verbally advised that they do not have an interest in purchasing the land, nor any objection to the discontinuance and sale of the said land to the applicant.

Application

4.10 The Owner of 154-158 Bank Street, South Melbourne has requested that Council discontinues and sells this portion of the Road to them (“the Proposal”).

4.11 The Owner has agreed to pay Council’s costs and disbursements associated with the proposed discontinuance of the Road, together with the market value for its transfer of the portion of the discontinued Road.

4.12 If the Road is discontinued and sold to the Owner, Council will require the Owner to consolidate the title to the discontinued Road with the title to the Owner’s Property within 12 months of the date of transfer of the Road, at the Owner’s expense.

4.13 The indicated market land value of $184,000 (ex GST) ($5,750 per square metre) is based on a valuation undertaken by Westlink Consulting dated 17 April 2025. A revised valuation at a later date may be required to comply with Council’s statutory obligations under the Act.

5. CONSULTATION AND STAKEHOLDERS

5.1 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:

5.1.1 City of Port Phillip;

5.1.2 Citipower Pty Ltd;

5.1.3 Multinet Gas;

5.1.4 NBN Co VicTas

5.1.5 APA Group Gas Transmission;

5.1.6 South East Water Corporation; and

5.1.7 Telstra VICTAS.

5.2 A Before You Dig application was undertaken in August 2024 and again in May 2025 with email replies received from most stated service authorities. The information received indicated that the subject Road is not affected by any adverse encumbrances.

5.3 Council’s Asset Management, Real Estate Portfolio, City Development (Statutory Planning / Building), and City Planning and Sustainability Departments have advised that the City of Port Phillip has no direct assets in or above the Road and have no objection to the Proposal.

5.4 APA Group and Multinet Gas have advised that there are no underground assets (Gas) in the area of the proposed discontinuance.

5.5 At the date that this report was prepared, Council had not received formal responses from all external service providers to the request for response.

5.6 The owner 206-208 Moray Street, South Melbourne enjoys the benefit of direct Road frontage to Union Place on the southern boundary alignment. has verbally advised that they do not have an interest in purchasing the land, nor any objection to the discontinuance and sale of the said land to the applicant.

5.7 Council officers have written to the registered proprietor (Department of Families, Fairness & Housing - “DFFH”) of 212 Moray Street, South Melbourne which is an adjacent property to Union Place. Note, this property is in the vicinity, however, does not adjoin the land proposed to be discontinued. Council has not received a formal response from DFFH to date, however, reasonably expect no objection to the proposal.

5.8 Council is proceeding on the basis that the respective providers do not have any right, power, or interest it wishes to be saved under section 207C of the Act.

5.9 Before proceeding with the discontinuance, Council must give public notice of the Proposal in accordance with section 223 of the Act. Council will notify the community of the Proposal through a public notice to be published in The Age newspaper and on Council’s website inviting submissions in accordance with section 223 of the Act if accepted by Council.

5.10 The Act provides that a person may, within 28 days of the date of public notice, lodge a written submission regarding the Proposal.

5.11 Where a person has made a written submission to Council requesting that they 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.

5.12 After hearing any submissions made, Council must determine whether the Road is not reasonably required as a Road for public use, in order to decide whether the Road should be discontinued.

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 and sell the land from that road or retain the land for itself. Council must first give notice in accordance with sections 207A and 223 of that Act.

6.2 Under section 114 of the Local Government Act 2020 (Vic) (the 2020 Act), a Council must comply with that section if it sells or exchanges land. Section 114 requires that (unless section 116 applies) before selling or exchanging land, a Council must at least four (4) weeks prior to the sale or exchange, publish notice of its intention to do so on Council’s website and in any other prescribed manner, undertake a community engagement process in accordance with its Community Engagement Policy (February 2021), and obtain a valuation from a person qualified under section 13DA(2) of the Valuation of Land Act 1960 (Vic) made not less than 6 months prior to the sale or exchange.

6.3 Council has a Road Discontinuance and Sale of Roads Policy (2022) that enables roads that are no longer required for public access to be discontinued and sold to adjoining property owner(s).

7. FINANCIAL IMPACT

7.1 The Owner has agreed to acquire the Land for its market value (plus GST). If Council proposes to transfer the Road, it will need a current valuation of the Road in accordance with the 2020 Act. This is in accordance with Council’s Road Discontinuance and Sale of Roads Policy.

7.2 The Owner has agreed to pay Council’s costs and disbursements associated with the proposed discontinuance of the Road.

7.3 An independent valuation of the land dated 17 April 2025 determined the market value at $184,000 ($5,750 per square metre) excluding GST. In accordance with Council’s Road Discontinuance and Sale of Roads Policy, the value attributed to the land in the Land is based on the following assumptions:

7.3.1 The Road is valued on a “direct comparison on land value rate”, taking into consideration restrictions due to the shape and location of the site, and the limited width of the site restricts potential redevelopment of the site in isolation without consolidation with adjoining property; and

7.3.2 No discount is applicable to the full land value due to the limited purchasing market for the Road.

7.4 A revised market valuation may be required (valid for a period of up to 6 months) if the proposal is supported by Council.

8. ENVIRONMENTAL IMPACT

8.1 The Proposal is not considered to have or contribute to any detrimental environmental implications.

9. COMMUNITY IMPACT

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

9.2 The proposed discontinuance and sale of the Road will enable the land in the Road to be re-purposed.

9.3 If Council resolves to discontinue and sell the Road, proceeds from the sale will go into Council’s Strategic Property Reserves used to support the acquisition and development of the property portfolio.

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 The proposal aligns to the strategic direction ‘A trusted and high-performing organisation’ ensuring Council’s property and assets meet the needs of current and future generations.

12. IMPLEMENTATION STRATEGY

12.1 TIMELINE

12.1.1 If the Proposal is approved:

· notice will be published in the Victorian Government Gazette to formally discontinue the Road; and

· A contract of sale for the discontinued Road and transfer of the discontinued Road pursuant to section 207D of the Act will be prepared by Council’s solicitors.

12.2 COMMUNICATION

12.2.1 The public notification process will provide the community with the opportunity to make submissions in respect of the Proposal. If no submissions are received, Council can determine to discontinue and sell the Road.

12.2.2 The Owner will be advised of the final Council decision and the reasons for it within five (5) days of the Council meeting.

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

8.1	Presentation of CEO Report Issue 119 - May 2025
Executive Member:	Robyn Borley, Director, Governance and Organisational Performance
PREPARED BY:	Kihm Isaac, Corporate Planning and Performance Advisor