Draft policy for allegations of unlawful activity

A draft Central Coast Council Policy for Compliance and Enforcement will be placed on public exhibition following its adoption at the October 26 Council meeting.

The policy aims to guide Council's role in managing service requests and notifications alleging an act or omission resulting in an unlawful activity or occurrence.

It is based on the Model Policy developed by the NSW Ombudsman in December 2015.

The policy applies to all elected members of Council, all personnel employed by Council, any person or organisation contracted to or acting on behalf of Council.

It also applies to a person or organisation employed to work on Council premises or facilities and all activities of the Council.

Management of compliance and enforcement of issues within the Council's areas of responsibility are covered by the Policy including: development and building control; pollution control; environmental health; public health and safety; noxious weeds; water and sewer; septic systems; control over animals, food safety; fire safety and tree preservation.

Council's actions in relation to compliance and enforcement should be underpinned, according to the Policy by principles including: acting in the best interests of public health and safety and in the best interests of the environment; acting fairly and impartially within bias or unlawful discrimination; ensuring meaningful reasons for decisions are given to all relevant parties; as well as ensuring consistency, proportionality and timeliness.

The draft policy states: "Decisions about enforcement and compliance action are discretionary and the objective is resolved to the satisfaction of Council not necessarily the person raising the matter."

It sets out when Council will conduct a preliminary assessment and when other action is appropriate but states that Council must record and assess every report alleging unlawful activity.

A person who reports allegations of unlawful activity should not expect their identities to remain confidential, according to the draft Policy.

The Policy also considers the actions to be taken by Council in neighbourhood disputes, in the case of incomplete works and dilapidated buildings.

It sets out the steps to be taken in completing a risk assessment, investigation and enforcement action.

Council may be guided by legal advice, according to the draft Policy, in deciding whether to commence criminal or civil proceedings based on evidence adequacy, success assessment, and public interest.

The policy also spells out that the Council retains a regulatory role and enforcement responsibilities when a private certifier is appointed as the Principal Certifying Authority.

The Councillors roles and limitations are also spelt out and risks are categorised on a scale from critical to low.

A report from Central Coast Council's Development and Building Department recommended that the Administrator endorsed the draft policy and placed it on public exhibition for 28 days.

"The Policy ... will enable the Central Coast Council to have one policy applicable to the Central Coast as well as ensure consistency with other local government areas that have adopted an enforcement policy consistent with the [NSW Ombudsman] guidelines.

Gosford Council did not have an enforcement policy in place at the time it was amalgamated with Wyong Council, according to the report.

Central Coast Council Agenda 3.7, 26 Oct 2016