Reform Wollongong City Council

Encouraging a genuine community conversation on reforming our local government

Archive for October, 2010

UNINCORPORATED ASSOCIATIONS

Posted by reformwcc on October 29, 2010

“Unincorporated associations are not regarded as legal entities by law even though their members may regard them as independent organisations. They are really only a collection of people acting together. This is the most obvious difference between unincorporated and incorporated organisations.

Members of an unincorporated association are, subject to the powers of the association’s constitution, capable of entering into contracts and doing things on behalf of other people in the association. They are also individually and personally responsible for any debts incurred in the name of the association. Where a contract is signed on behalf of an unincorporated association, the individual members are responsible and may be sued.

Similarly, if someone is injured through an unincorporated association’s negligence and there is no insurance, the association cannot be sued but individual members may be sued. For the importance of insurance for community organisations, whether unincorporated or incorporated, SEE .(Link missing in original – reformwcc.info)

As an unincorporated association has no legal identity, it cannot hold assets in its own name. It must appoint individuals as trustees, who own the assets but hold them for the benefit of the association. The trustees are bound by the Trustee Act 1936.”

Emphasis added. For more see:

http://www.lawhandbook.sa.gov.au/ch06s02.php

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Reply from NF2 Convenor re resigning membership

Posted by reformwcc on October 29, 2010

date Thu, Oct 28, 2010
subject Re: Resignation from membership of Neighbourhood Forum 2

Bruce an interesting request but it is one that we cannot act upon as we do not have a membership. No one has ever joined NF2, we are just a group of interested citizens who meet together to discuus local issues as encouraged by WCC.

So Bruce we cannot cancel you membership because like me & anyone else who comes along to the Forums we do not have a membership to cancel.

Cheers

(NF2 Convenor)

My reply:

Hi (NF2 Convenor)

One legal view point (which i share) is that, in coming together regularly, NF2 is (in fact) an unincorporated association and it is from that i have resigned.

Could this be noted at the November meeting of NF2?

Thanks and good luck,

cheers

Bruce

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Illawarra Mercury story on Neighbourhood Forums and need for proper review

Posted by reformwcc on October 25, 2010

“Barking up the wrong tree on forums
MICHELE TYDD Illawarra Mercury
25 Oct, 2010

Wollongong City council’s neighbourhood forums have come under fire with some residents dismissing them as an unworkable waste of time.”

full story:

http://www.illawarramercury.com.au/news/local/news/general/barking-up-the-wrong-tree-on-forums/1977890.aspx

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Connecting our local communites to local government and the NBN

Posted by reformwcc on October 21, 2010

There is a movement towards open government – and there are people on Council staff who have long had a committment to this.

What we need in Wollongong is an elected Council which makes best practice open government a top priotity.

If, like me, you see the new information technologies as providing the means by which local people will be able to better participate in government decision-making (local, State and Federal) you might be interested in the following.

Personally i don’t try to understand it all, just to get a general idea of what they are talking about. We will need the detail when we are in a position to seriously consider implementing it.

What is really required at this time is for people in our communities to insist that we are not left out of the communications revolution when it comes to designing decision-making networks.

Bring on the National Broadband Network! Every household will have the capacity to participate in local govenment (to the extent they are interested, that is).

1. Accessibility and the National Transition Strategy to WCAG2.0

Local government and web accessibility:

http://lgwebnetwork.org/blogs/reema/accessibility-and-national-transition-strategy-wcag20?utm_source=feedburner&utm_medium=email&utm_campaign=Feed%3A+LocalGovernmentWebNetwork+%28Local+Government+Web+Network%29

See also – larger document

2. Web Content Accessibility Guidelines (WCAG) 2.0
W3C Recommendation 11 December 2008

Abstract

Web Content Accessibility Guidelines (WCAG) 2.0 covers a wide range of recommendations for making Web content more accessible. Following these guidelines will make content accessible to a wider range of people with disabilities, including blindness and low vision, deafness and hearing loss, learning disabilities, cognitive limitations, limited movement, speech disabilities, photosensitivity and combinations of these. Following these guidelines will also often make your Web content more usable to users in general. Accessibility and the National Transition Strategy to WCAG2.0

http://www.w3.org/TR/WCAG20/

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I resign from my local Neighbourhood Forum

Posted by reformwcc on October 20, 2010

To Convenor of NF2:

In light of Wollongong City Council’s recent clarification of the position of Neighbourhood Forums in relation to insurance coverage, this is my written resignation from Neighbourhood Forum 2.

I think this clarfication by WCC makes for a completely untenable position for people in our community to participate in Neighbourhood forums.

My understanding of membership of unincorporated associations is that each member is personally liable (without limit) for any damages etc found to have been caused by that association.

My understanding is also that resignations from groups has to be by way of writing.

Please remove me from the mailing list etc until these issues are responsibly addressed by WCC as the designer of the Neighbourhood Forum community engagement process. Don’t hold your breath.

Another alternative would be to form an Incorporated local community group of some kind.

best wishes

Bruce Reyburn
cc D; WCC records;

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My comments to Mercury for article on NFs

Posted by reformwcc on October 19, 2010

I was contacted by the Illawarra Mercury in relation to an article on Neighbourhood Forums. For the record, this is my reply (see below). I have initialised the name of the journalist and a person who has raised some points with the journalist, and added emphasis to my main point.

Hi M,

The ability to submit petitions seems, to me, to be a basic democratic right.

The real issue becomes what weight is to be put on a petition gathered over a wide area by a special interest group vis-a-vis the views of local people.

I agree with T. that the Administrators did not make a balanced decision in regard to the Sharkies Beach dog policy. Council created the problem in the first place by making Sharkies Beach an off-leash beach for a very large area of dog users.

I also agree with T. that Neighbourhood forums are in need of a major review and rethink but there is a real underlying problem here in that most people in Wollongong are not really interested in such matters.

Many do not know that there are such things as Neighbourhood Forums, let alone know that the NF’s (created by WCC) have a charter.

Neighbourhood Forums were never intended (by the WCC people who designed them – not people in community) to actually have any kind of decision making power or even any real influence. NFs have no real resources to represent the wider constituency of their local area.

Requests to the community for support have also been unsuccessful (in the case of NF2).

According to one Council officer who is part of the community engagement section, a NF which (say) 100 people attended and voted (as a whole) on a major issue would carry the same weight as a single letter written by a member of the public.

As to who can speak and vote at NFs, WCC officers have been unable to clarify these issues. They don’t even know where the boundaries of NFs are in relation to their own maps (referred to as part of the NF Charter).

There is so much woolly thinking within this section of WCC that it is a waste of time even trying to pursue these matters with WCC.

What WCC urgently needs to do is to engage the services of an experienced consultant (from outside of Wollongong) who can innovate some best practice for community consultation/engagement – in partnership with our communities.

Their most recent review was entirely superficial and failed to address any of the real issues and serious defects.

The Administrators have shown no real interest in these matters so another review (before the one scheduled in two years time) is unlikely to happen on their watch.

So, with an eye to coming state and eventual local government elections, we need some community champions to stand for public office on a platform which seeks to implement best practice community consultation and engagement in Wollongong.

A best practice design would be very different from the present Neighbourhood forums, since there are a lot of democratic and accountability issues which have to be resolved to come up with a good – and effective – model.

cheers

Bruce

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Leadership required – wired communities as part of the Web 2 information revolution

Posted by reformwcc on October 8, 2010

Government Response to the Report of the Government 2.0 Taskforce

Synopsis

On 3 May 2010, the Minister for Finance and Deregulation released the Government Response to the report of the Government 2.0 Taskforce – Engage: Getting on with Government 2.0.

Some key points from the Taskforce’s report include:

Government 2.0 or the use of the new collaborative tools and approaches of Web 2.0 offers an unprecedented opportunity to achieve more open, accountable, responsive and efficient government.

Though it involves new technology, Government 2.0 is really about a new approach to organising and governing. It will draw people into a closer and more collaborative relationship with their government. Australia has an opportunity to resume its leadership in seizing these opportunities and capturing the resulting social and economic benefits.

Leadership, and policy and governance changes are needed to shift public sector culture and practice to make government information more accessible and usable, make government more consultative, participatory and transparent, build a culture of online innovation within Government, and to promote collaboration across agencies.

The report included 13 recommendations which are addressed in the Government Response.

Central Recommendation: A declaration of open government by the Australian Government

Accompanying the Government’s announcement of its policy response to this report, a declaration of open government should be made at the highest level, stating that:

* using technology to increase citizen engagement and collaboration in making policy and providing service will help achieve a more consultative, participatory and transparent government
*public sector information is a national resource and that releasing as much of it on as permissive terms as possible will maximise its economic and social value to Australians and reinforce its contribution to a healthy democracy
* online engagement by public servants, involving robust professional discussion as part of their duties or as private citizens, benefits their agencies, their professional development, those with whom they are engaged and the Australian public. This engagement should be enabled and encouraged.
The fulfilment of the above at all levels of government is integral to the Government’s objectives including public sector reform, innovation and using the national investment in broadband to achieve an informed, connected and democratic community.

AGREED. The Australian Government is committed to the principles of openness and transparency in Government, and a Declaration of Open Government is an important affirmation of leadership in these principles. A Declaration, in conjunction with the Australian Government’s proposed reforms to the Freedom of Information Act 1982, will also assist in driving a pro-disclosure culture across government. Accordingly, the Australian Government will draft a Declaration of Open Government for presentation to the Parliament, and through it, to the Australian people.

check it out at
http://www.finance.gov.au/publications/govresponse20report/index.html#recommendation-04

Note from reformwcc: WIRED NOT WEIRD!

The time has long come for a new paradigm in the community use of new information technology in relation to government decision-making and policy formation at all levels. The problem has been our decision makers have not acted on it in a timely manner.

During the 1990′s WCC Neighbourhood Committee 2 made submissions to Council for our community to be a wired community – making full use of the new information technology possibilities. These suggestions were treated as “weird” not “wired” by Oxley’s Wollongong City Council – which proceeded to spend tens of millions to improve the access of business to his fiefdom in the Burelli Street tower.

The ALP caucus also dominated Council during the 1990s – and they have demonstrated very clearly that their commitment is not to community empowerment.

We have also seen not an iota of initiative in this direction from the three technocratic Administrators happily running the show in Wollongong to comply with their out-of-town values and world view.

This old way of conducting community business actually works by blocking information and communication flows! A new paradigm works by removing those blockages and opening up life’s information flows.

Our communities did not get a look in. This resulted in people remote from our communities making ill-formed policy and equally ill-fitting decisions. We can no longer afford to operate in this inefficient manner.

Decision-making and policy formation must be re-centralised back into our local communities – into the places where we actually live with the consequences of those decisions and policies.

The bureaucrats are already moving to ensure that the government’s recommendation for them to make use of these new information technologies. A report from the latest Local Government Web Network Conference notes:

“As part of the Gov 2 Taskforce and the adoption of it’s recommendations by the previous Federal Government, steps have been taken to make real some of those recommendations. One of these inititatives is a private space for public servants of all levels of government to come together and share their experiences. This new Gov 2.0 Govdex Community is being hosted by the Australian Government Information Management Office (AGIMO).”

While that is a good move – and worthy of being supported if it makes our public servants more attentive to our real needs – it must not be at the expense of including our communities into the Web 2 communication revolution.

After all, the knowledge, talent and expertise in our communities is the necessary ingredient to deal with the problems caused by the old paradigm which has unrealistic expectations about the abilities of elected representatives and bureaucrats to deal with the mass of information we are now faced with.

To creatively deal with community business we need a both-and approach – both elected reps plus bureaucrats AND an engaged communities.

That is, we need new paradigm thinking in which our communities are regarded as part of the form of governance organisation, not something external and ‘outside’ of it. We need to move the old paradigm thinkers into retirement, and promote those who understand the crucial importance on moving on these matters in order to face existing and emerging real life challenges.

Keep these considerations in mind when listening to the people putting themselves forward as candidates in the coming State election – are they fossil remnants of the old 20th century blocked way of doing things (and part of the problem) or are they new paradigm community enablers working to open up information and communication flows – that is, which makes us part of the solution?

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WCC, insurance and NF’s

Posted by reformwcc on October 7, 2010

Wollongong City Council – reply to question from NF2

Action Register – Neighbourhood Forum 2

1/09/2010 5 Insurance coverage for NHF

NHF asks if Councils insurance covers the Neighbourhood Forums.

Division Governance + Information

On the understanding that the Forums are not formally exercising any of Council’s functions by way of delegation, Council’s insurances are not extended to cover the activities of the Forums or their individual
members. Forums should be reminded that defamatory or discriminatory comments made by forum members either verbally at Forum meetings or recorded in Forum minutes may lead to civil action being taken against the person making such comments and for this reason care should be taken when expressing opinions. In order for Council to consider extending its insurance coverage to Forums it would be necessary toreview their operation and administration. (emphasis added – reformwcc).

Comment by reformwcc:

Don’t hold your breath waiting for WCC to actually take the initiative and review NF operations and administration to address this shortcoming in what is actually their own design for community engagement (not ours).

We just had a review of Council’s community engagement process and, as i recollect it, this problem was not identified. The next review is not scheduled for two years.

Under the Administrators, WCC has consistently demonstrated a lack the cognitive capacity, as an organisation, to both identify a problem and then actually do something about it.

That form of creativity would require forebrains to be working.

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Call for last drinks at the existing Headlands Hotel, Austinmer

Posted by reformwcc on October 6, 2010

Application Details

Lodgement Date 21/10/2009
Development Type
Development Application
Application Number DA-2009/1313

Proposal Demolition of hotel and carpark, 8 lot subdivision and associated works

Applicant
Weriton Finance Pty Ltd
Property Details

Address Headlands Hotel, Yuruga Street, AUSTINMER NSW 2515

Exhibition Period
Start Date Closing Date
29/10/2009 4/12/2009
30/09/2010 18/10/2010
—————–

Application Details

Lodgement Date 21/10/2009
Development Type
Development Application
Application Number DA-2009/1315
Proposal Spa resort comprising serviced apartment and associated facilities, spa therapy rooms, pools, dining room, bar, function room and associated carpark, landscaping and site works – AMENDED master plan and subdivision plan details, amended plans for the proposed dwelling house and bed and breakfast accommodation on proposed Lots 1 – 7 as well as amended plans for the proposed spa resort on proposed Lot 8.

Applicant Weriton Finance Pty Ltd

Address Headlands Hotel, Yuruga Street, AUSTINMER NSW 2515

Exhibition Period
Start Date Closing Date
29/10/2009 4/12/2009
30/09/2010 18/10/2010
——————–
Application Details

Lodgement Date 21/10/2009
Development Type
Development Application
Application Number DA-2009/1316
Proposal Construction of dwelling-house and bed and breakfast accommodation – proposed lot 1 – AMENDED master plan and subdivision plan details, amended plans for the proposed dwelling house and bed and breakfast accommodation on proposed Lots 1 – 7 as well as amended plans for the proposed spa resort on proposed Lot 8.

Applicant Weriton Finance Pty Ltd

Address Headlands Hotel, Yuruga Street, AUSTINMER NSW 2515

Exhibition Period
Start Date Closing Date
29/10/2009 4/12/2009
30/09/2010 18/10/2010

see also DA-2009/1327 through to 1322 for similar ‘dwelling house and bed and breakfast accommodation” proposals.

More info:

http://www.wollongong.nsw.gov.au/development/da/Pages/onexhibition.aspx

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WCC – dog policy consultation continues for three northern suburbs beaches (not Sharkey’s)

Posted by reformwcc on October 5, 2010

Wollongong City Council media release.
Media release: Tuesday, 28 September 2010

Beaches Turn Green, Orange and Red

Residents will have more flexibility to exercise their dogs on local beaches following a decision by Wollongong City Council Administrators tonight to adopt a new ‘Dogs on Beaches and Parks’ policy.

As part of Council’s approach, beaches from Stanwell Park to Windang have been designated as red (dogs are banned at all times), orange (dogs are allowed on the lead before 9am and after 6pm in summer and 4pm in winter) or green (dogs allowed off the leash under owner supervision).

Administrator Robert McGregor AM said the Policy was first floated with the community in July last year and attracted more than 1000 submissions, including several petitions.

“There is a lot of community passion about the issue of dogs on beaches. The majority of residents are supportive of the policy, however some concerns were raised about safety and enforcement,” Robert McGregor said.

“By adopting the new policy, Council has made a commitment to enforce a zero tolerance approach to dog owners who don’t follow the rules.”

“We will increase animal ranger numbers, install signage, new bins, and begin an education program to remind dog owners of their responsibilities when it comes to cleaning up after their pets and keeping them under effective control,” Administrator McGregor said.

“Council expects to have the Dogs on Beaches Policy in place during November, and will not enforce new rules until signage has been erected.”

While the majority of the policy has been adopted, Administrators will continue community consultation throughout October to decide the future of three beaches in the northern suburbs.

Community feedback and a Review of Environmental Factors (REF) has recommended current off leash areas at McCauleys Beach and East Corrimal be made ‘red’ beaches due to concerns over migratory birds and Aboriginal heritage. Council proposes to introduce a new ‘green’ off leash beach at Woonona as an alternative.

Residents will be able to comment on this proposal and raise any issues with recommendations of the REF throughout the month of October. More information will be released about consultation activities.

See http://www.wollongong.nsw.gov.au/council/haveyoursay/Pages/DogsonBeaches2010.aspx for more

And download a comment form:

COMMUNITY FEEDBACK FORM

Wollongong City Council is inviting you to Have Your Say on the proposed banning of dogs (red zone) on McCauleys Beach, Thirroul and the area from East Corrimal Beach to Bellambi Point as recommended by the Review of Environmental Factors (REF) report. An additional off-leash (green zone) area on Woonona Beach is also being proposed.

http://www.wollongong.nsw.gov.au/council/haveyoursay/Documents/Dogs%20on%20Beaches%20September%202010/Changes%20to%20Dogs%20on%20Beaches%20and%20Parks%20Policy%20-%20Community%20Feedback%20Form.pdf

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