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Governance Rules provide for a Council to consider and make decisions on any matter fairly and on its merits. They also institute decision making processes to ensure that any person whose rights will be directly affected by a Council decision is entitled to communicate their views and have their interests considered. Hume City Council's current Governance Rules were adopted at the Council Meeting on 24 August 2020.
At its meeting held on Monday 22 February 2021, Council passed a motion proposing to change section 30 of Chapter 2 of its Governance Rules, which sets out the procedure for Council to rescind or alter a previous resolution of Council. At this meeting Council also approved the placing of this proposed change on public exhibition.
Submissions supporting, opposing or providing a comment on the proposed change to the Governance Rules could be made by filling out the submission form at the bottom of this page or by emailing Council by 5:00pm Wednesday 24 March 2021.
Current
Proposed amendment
Governance Rule: Section 30, Chapter 2
Governance Rule: Section 30, Chapter 2
30. Rescission or alteration
30. Rescission or alteration
30.1 A Councillor may propose a notice of motion to rescind or alter a previous resolution of Council.
30.1 A Councillor may propose a notice of rescission provided:
30.1.1 It is in writing;
30.1.2 It is supported, in writing, by at least three Councillors;
30.1.3 The resolution proposed to be rescinded has not been acted on; and
30.1.4 The notice of recission is delivered to the Chief Executive Officer within 24 hours of the resolution having been made setting out -
(a) the resolution to be rescinded; and
(b) the meeting and date when the resolution was carried.
30.2 The notice of rescission, signed by the Councillor:
30.2.1 must be signed by at least one other Councillor and given or sent electronically to the Chief Executive Officer by 5pm on the third working day prior to the date of the Council meeting to enable the Chief Executive Officer to give at least 48 hours notice to all Councillors;
30.2.2 is deemed to have been withdrawn if not moved at the next Council meeting at which such business may be transacted;
30.2.3 if it is a second or subsequent notice to revoke or alter an earlier resolution, must not be accepted by the Chief Executive Officer until a period of one month has elapsed since the date of the Council meeting at which the first or last motion or revocation or alteration was dealt with; and
30.2.4 cannot be proposed if the previous resolution has been acted upon or implemented.
30.2 Any Councillor proposing a notice of rescission is required to provide written justification that must include one or more of the following:
30.2.1 The vote did not accurately reflect the opinion held by the meeting due to the misunderstanding of the motion or for some other reasons; or
30.2.2 New information has become available which may affect the decision of Council; or
30.2.3 Some vital information was overlooking in Council forming its decision.
30.3 A member of Council staff must not act or continue to act upon or implement a previous resolution if a notice of motion to rescind or alter it has been properly lodged.
30.3 A resolution will be deemed to have been acted on if:
30.3.1 its contents have or substance has been communicated in writing to a person whose interests are materially affected by it; or
30.3.2 a statutory process has been commenced so as to vest enforceable rights in or obligations on Council or any other person.
30.4 The Chief Executive Officer or an appropriate member of Council staff must defer implementing a resolution which:
30.4.1 has not been acted on; and
30.4.2 is the subject of a notice of rescission which has been delivered to the Chief Executive Officer in accordance with sub-Rule 30.1.3, unless deferring implementation of the resolution would have the effect of depriving the resolution of efficacy.
30.5 If Lost If a motion for rescission is lost, a similar motion may not be put before Council for at least three months from the date it was last lost, unless Council resolves that the notice of motion be re-listed at a future meeting.
30.6 If Not Moved If a motion for rescission is not moved at the meeting at which it is listed, it lapses and a similar motion may not be put before Council for at least three months from the date it lapsed, unless Council resolves that the notice of motion be re-listed at a future meeting.
30.7 May Be Moved By Any Councillor A motion for rescission listed on an agenda may be moved by any Councillor present but may not be amended.
30.8 When Not Required
30.8.1 Unless sub-Rule 47.2 applies, a motion for rescission is not required where Council wishes to change policy.
30.8.2 The following standards apply if Council wishes to change policy:
30.8.2.1 if the policy has been in force in its original or amended form for less than 12 months, a notice of rescission must be presented to Council; and
30.8.2. any intention to change a Council policy, which may result in a significant impact on any person, should be communicated to those affected and this may include publication and consultation, either formally or informally.
Governance Rules provide for a Council to consider and make decisions on any matter fairly and on its merits. They also institute decision making processes to ensure that any person whose rights will be directly affected by a Council decision is entitled to communicate their views and have their interests considered. Hume City Council's current Governance Rules were adopted at the Council Meeting on 24 August 2020.
At its meeting held on Monday 22 February 2021, Council passed a motion proposing to change section 30 of Chapter 2 of its Governance Rules, which sets out the procedure for Council to rescind or alter a previous resolution of Council. At this meeting Council also approved the placing of this proposed change on public exhibition.
Submissions supporting, opposing or providing a comment on the proposed change to the Governance Rules could be made by filling out the submission form at the bottom of this page or by emailing Council by 5:00pm Wednesday 24 March 2021.
Current
Proposed amendment
Governance Rule: Section 30, Chapter 2
Governance Rule: Section 30, Chapter 2
30. Rescission or alteration
30. Rescission or alteration
30.1 A Councillor may propose a notice of motion to rescind or alter a previous resolution of Council.
30.1 A Councillor may propose a notice of rescission provided:
30.1.1 It is in writing;
30.1.2 It is supported, in writing, by at least three Councillors;
30.1.3 The resolution proposed to be rescinded has not been acted on; and
30.1.4 The notice of recission is delivered to the Chief Executive Officer within 24 hours of the resolution having been made setting out -
(a) the resolution to be rescinded; and
(b) the meeting and date when the resolution was carried.
30.2 The notice of rescission, signed by the Councillor:
30.2.1 must be signed by at least one other Councillor and given or sent electronically to the Chief Executive Officer by 5pm on the third working day prior to the date of the Council meeting to enable the Chief Executive Officer to give at least 48 hours notice to all Councillors;
30.2.2 is deemed to have been withdrawn if not moved at the next Council meeting at which such business may be transacted;
30.2.3 if it is a second or subsequent notice to revoke or alter an earlier resolution, must not be accepted by the Chief Executive Officer until a period of one month has elapsed since the date of the Council meeting at which the first or last motion or revocation or alteration was dealt with; and
30.2.4 cannot be proposed if the previous resolution has been acted upon or implemented.
30.2 Any Councillor proposing a notice of rescission is required to provide written justification that must include one or more of the following:
30.2.1 The vote did not accurately reflect the opinion held by the meeting due to the misunderstanding of the motion or for some other reasons; or
30.2.2 New information has become available which may affect the decision of Council; or
30.2.3 Some vital information was overlooking in Council forming its decision.
30.3 A member of Council staff must not act or continue to act upon or implement a previous resolution if a notice of motion to rescind or alter it has been properly lodged.
30.3 A resolution will be deemed to have been acted on if:
30.3.1 its contents have or substance has been communicated in writing to a person whose interests are materially affected by it; or
30.3.2 a statutory process has been commenced so as to vest enforceable rights in or obligations on Council or any other person.
30.4 The Chief Executive Officer or an appropriate member of Council staff must defer implementing a resolution which:
30.4.1 has not been acted on; and
30.4.2 is the subject of a notice of rescission which has been delivered to the Chief Executive Officer in accordance with sub-Rule 30.1.3, unless deferring implementation of the resolution would have the effect of depriving the resolution of efficacy.
30.5 If Lost If a motion for rescission is lost, a similar motion may not be put before Council for at least three months from the date it was last lost, unless Council resolves that the notice of motion be re-listed at a future meeting.
30.6 If Not Moved If a motion for rescission is not moved at the meeting at which it is listed, it lapses and a similar motion may not be put before Council for at least three months from the date it lapsed, unless Council resolves that the notice of motion be re-listed at a future meeting.
30.7 May Be Moved By Any Councillor A motion for rescission listed on an agenda may be moved by any Councillor present but may not be amended.
30.8 When Not Required
30.8.1 Unless sub-Rule 47.2 applies, a motion for rescission is not required where Council wishes to change policy.
30.8.2 The following standards apply if Council wishes to change policy:
30.8.2.1 if the policy has been in force in its original or amended form for less than 12 months, a notice of rescission must be presented to Council; and
30.8.2. any intention to change a Council policy, which may result in a significant impact on any person, should be communicated to those affected and this may include publication and consultation, either formally or informally.
