Excellence in governance relies on continuous and comprehensive accountability.
Protecting against fraud and corruption
Council is the custodian of significant public funds and assets, and it is important that the community has assurance that these public funds and assets are adequately protected from fraud and corruption.
Trust is considered an essential component of Eurobodalla Shire Council. However, trust alone cannot be relied upon to safeguard the public funds and assets. Fraud and corruption does happen, often where it is least expected.
Council's Fraud Control Policy is in place to:
- protect the public funds and assets
- protect the integrity, security and reputation of Eurobodalla Shire Council and its staff
- maintain a high level of service to the community
- aid in the detection and prevention of fraud against the Council
- create a culture of awareness that fraud and corruption will not be tolerated.
Audit, Risk and Improvement Committee
Our Audit, Risk and Improvement Committee provides us with independent assurance and assistance in relation to risk, control and compliance framework, financial management and external accountability, and reporting responsibilities. The committee also assists us to develop and facilitate controls that help us detect and prevent fraud against the Eurobodalla Shire Council.
Whilst Council Meetings are the formal decision making forums for matters over which Council has jurisdiction, a number of Council decisions are not made at formal meetings. Effective functioning of local government would not be possible if all decisions had to go to Council. Instead a range of decision making power is allocated by formal delegation to the General Manager.
At its meeting on 23 October 2012, Council delegated to the General Manager any functions, powers, duties and authorities of the Council with the exclusion of those listed in Section 377 (1) clauses (a) to (u) of the Local Government Act 1993 as follows:
377 General power of the council to delegate
- A council may, by resolution, delegate to the general manager or any other person or body (not including another employee of the council) any of the functions of the council, other than the following:
- appointment of a general manager,
- making of a rate,
- determination under section 549 as to the levying of a rate,
- making of a charge,
- fixing of a fee,
- borrowing of money,
- voting of money for expenditure on its works, services or operations,
- compulsory acquisition, purchase, sale, exchange or surrender of any land or other property (but not including the sale of items of plant or equipment),
- acceptance of tenders which are required under this Act to be invited by the council,
- adoption of an operational plan under section 405,
- adoption of a financial statement included in an annual financial report,
- decision to classify or reclassify public land under Division 1 of Part 2 of Chapter 6,
- fixing of an amount or rate for the carrying out by the council of work on private land,
- decision to carry out work on private land for an amount that is less than the amount or rate fixed by the council for the carrying out of any such work,
- review of a determination made by the council, and not by a delegate of the council, of an application for approval or an application that may be reviewed under section 82A of the Environmental Planning and Assessment Act 1979 ,
- power of the council to authorise the use of reasonable force for the purpose of gaining entry to premises under section 194,
- decision under section 356 to contribute money or otherwise grant financial assistance to persons,
- decision under section 234 to grant leave of absence to the holder of a civic office,
- making of an application, or the giving of a notice, to the Governor or Minister,
- power of delegation,
- function under this or any other Act that is expressly required to be exercised by resolution of the council.
2. A council may, by resolution, sub-delegate to the general manager or any other person or body (not including another employee of the council) any function delegated to the council by the Departmental Chief Executive except as provided by the instrument of delegation to the council.
Pursuant of Section 378 of the Local Government Act, the General Manager can sub-delegate functions to staff. The attached register of delegations, is the list of functions that the General Manager has delegated to staff. Delegations from Council to the General Manager are reqiured to be reviewed within 12 months following a general election.