
19:07 Wed 12 Mar 2008 Recipient:613ROb11
REF:ACMYCCD1
Y/R:Mtg 16:30 2008/03/12
TO: VHR MAY cc Local MPs
General Manager Mosman Councillors
MOSMAN MUNICIPAL COUNCIL KSAS-Au Parents
DRAFT RECORD WED 12 MAR 2008
Dear General Manager
Thank you for your time to complete the proposed full agenda and
discuss the legal aspects of the Council's Duty of Care for Sports
Volunteers.
This is a draft record of the discussion and proposed Action items:
DATE: Wed 12 Mar 2008 TIME: Planned 16:30 - 16:45 - 15 min
Actual 16:45 - 17:30 - 45 min
ATTENDEES: Council Viv MAY VHM
John CARMICHAEL JDC
KSAS-2088 Peter AXTENS LLB PMA
Stephen GOULD SGG
AGENDA MINS
A Review Council Meeting Tue 04 Mar 2008 10
B Cr MENZIES Motion "Duty of Care-Playgrounds" 10
C A standard Name & Address format for Council's Forms. 15
D Legal Advice on Council's Duty of Care for Sports Volunteers 10
A REVIEW COUNCIL MEETING TUE 04 MAR 2008
SGG General Manager (GM) what should we do to be able to ask Questions
at a Council meeting or receive a response to written questions ?
VHM I will discuss it with the Mayor
SGG We think the issue is deeper than that because none of the
Councillors have adhered to the NSW Code of Meeting Practice.
PMA We believe, having reviewed your report 05 Feb 2008, the Problem
is that the NSW Department of Local Government [DLG]:
1 Identified 27 mths ago (2005) that Councillors had not
received a workshop on the Role and Function of a Councillor
2 Did not ensure that a Workshop was arranged
3 Did not follow up with the Council to arrange a workshop
PROPOSED ACTION ITEMS - A
ACTION WHO WHEN
1 Contact DLG Minister SGG by T 18-Mar-08
2 Discuss questions issue with Mayor VHM by T 18-Mar-08
3 Councillor Training VHM TBC
B CR MENZIES MOTION "DUTY OF CARE-PLAYGROUNDS"
VHM The Matter NM/5 was not reached on T 2008/03/04 hence it will
be included in the Council meeting T 2008/013/18.
However the Development Applications {DA} are heard first
I will recommend to the Councillors that you should be allowed
to address the Council on the issue but you cannot change or
extend a Notice of Motion.
Only a Councillor can lodge or change a Notice of Motion
SGG Thank you General Manager. However one of the questions submitted
to Council last week by Peter AXTENS LLB requested the Council to
explain why
1 if parents complain the Council DOES have a "Duty-of-Care
to Children in Playgrounds" to erect gates and fences
2 yet Council DOES NOT have a "Duty-of-Care to the Children's
Parents and Ratepayers" to support the NSW Child Protection
Legislation to ensure that the CRC on Sports Volunteers are
completed by the Junior Sports Clubs
PROPOSED ACTION ITEMS - B
ACTION WHO WHEN
1 Attend Council Mtg SGG T 18-Mar-08
2 Recommend SGG address Council VHM T 18-Mar-08
3 Explain Council Child DoC Policy VHM by T 25-Mar-08
C STANDARD NAME & ADDRESS FORMAT FOR COUNCIL'S FORMS.
VHM Is this a new issue ?
SGG No General Manager. This has been an objective of the members of
the Open Interchange Consortium [OIC] that are members of the Kids
Safe-at-Sport Network [KSAS-Au].
These members have developed Internet Applications based on the
Complex Address of Australian Name and Address Standard [AS4590]
agreed by an International Panel of IT Consultants in Dec 2006.
BACKGROUND
In 1999 OIC was commissioned by Sun, Optus and CSC Australia to develop
an XML based Electronic Tender Information Management [TIMS] for members
to review all Government tenders twice a week.
We discovered that the Australian eBusiness Standard AS4590 had two very
different address formats in the same Standard !
This is an important issue for Government tenders as many require
consortium response and regular Stakeholder electronic reports eg a Number
of Council Consortium tenders 32 Councils in Victoria and the recent
SHOROC announcement of a Uniform Tendering System
In 2000 the OIC joined ebXML Australia to remediate this problem.
Other members of ebXML Australia included Standards Australia, Telstra,
Optus and the BT Financial Group
In 2001 the Federal Department of Employment, Workplace Relations and Small
Business [DEWRSB] joined the OIC because TIMS had been developed as an XML
Application.
In Feb 2001 DEWRSB commissioned OIC members to conduct a survey of 273 NSW
Local Government Agencies on "conducting a survey which addresses the
relevance of XML in the adoption of On-Line Service Delivery by Local
Government Agencies in NSW"
In Sep 2001 the OIC XML Tender Schema was submitted to John GRANT Chief
General Manager Government Online, The National Office for the Information
Economy [NOIE] at an OIC Seminar.
In Feb 2002 the Chair of ebXML Australia (Keith FINKELDE BT Financial Group,
Director of SuperEC (Electronic Superannuation), Director of the Investment
and Financial Services Association [IFSA] and the Chair of Securities
Institute of Australia [SIA] IT 27 Personal and Corporate Data) confirmed
that AS4590 had two Address formats in the same Standard - Minutes 05 Feb 2002
The NSW Records Keeping Authority does not define and format for the Address
details.
However they do provide information both in "html" and "pdf" format so
that Council can evaluate the different in speed and ease of use
Similarly the NSW Government has not adopted the Information Technology
Infrastructure Library [ITIL] for IT Service Management
However the Victorian Government did implement the UK ITIL Standard in
the State Revenue Office - Victoria in 2005
In 2006 a 32 Victorian Government Council Consortium commissioned two
projects with Sinclair Knight Merz [SKM] as the Project Manager
1 Aug 2006 Easybiz Web services Hub for Council On-line forms
2 Sep 2006 Integration with Council systems using AS4590
In Oct 2006 we wrote to SKM to point out the problems with AS4590 and
invite them to join a remediation eCommittee
Here is the SKM Response
1. The EasyBiz project will use whatever standards produce the best
result for our stakeholders.
2. Your email will be considered by SKM Consultants.
3. We have no interest in participating in your proposed eCommittee.
Unfortunately "the Stakeholders" referred to by the Project Manager
are not the Councils or Ratepayers but IBM, Microsoft and others who
received an ITOL grant to develop the Bizdex Hub for AWB.
Hence once the accepted AS4590 Standard had been agreed the "Junior
Sports Information System [JSIS]" and the "Kids Safe-at-Sport Network
[KSAS-Au]" were enhanced to use the complex address version of the
Australian Standard AS4590.
CURRENT MOSMAN FORMS APPLICATION PROCESS
SGG At the moment the Parents/Ratepayers
1 download one of 66 forms
2 print it out locally
3 complete the form
4 Fax/Post it back with payment if required
5 The Council then re-types the information into the
Council System
This is additional unnecessary costs at both ends with
a high risk of input error at the Council end.
If on-line, once a profile has been set up for each household
including payment with credit card details it does not have
to be re-entered each time an application is lodged on-line
VHM (to JDC) Does that how it work ?
JDC no a faxed image is attached to the household record
[JDC is the Director of Planning & Environment and does not have
responsibility for IT Systems.
The Director of Corporate Systems is responsible for
1 Governance
2 Financial Services
3 Information Technology Services
4 Business Systems Services including Document Management
5 Risk Management
Perhaps it may have been more appropriate for Max GLYDE to attend
the meeting]
PROPOSED ACTION ITEMS - C
ACTION WHO WHEN
1 Council IT department review Forms VRH by 31-Mar-08
2 SGG available to discuss SGG by 31-Mar-08
3 Confirm Council Standard Address format VHM by 15 Apr-08
D LEGAL ADVICE ON COUNCIL'S DUTY OF CARE FOR SPORTS VOLUNTEERS
VHM We require you to submit Formal Legal Advice before we consider
your response to the letter from Pike, Pike and Fenwick
PMA I am a qualified Lawyer who provided that advice.
My advice is to take the matter to Court.
Unfortunately because of poor health I did not renew my
Solicitor's Practicing Certificate on 01 Jul 2007
SGG I will ask 3 lawyers to provide a quotation for Formal Legal Advice
PROPOSED ACTION ITEMS - D
ACTION WHO WHEN
1 Request costs for legal advice SGG by 31-Mar-08
2 Report back to Council SGG by 31-Mar-08
3 Council Mtg Cnl 01-Apr-2008
22:57 W 2008/03/12 Syd 2089
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