PO BOX 78
16 CANTY STREET
NAROOMA NSW 2546
PH: (02) 44761 144
FAX: (02) 44761 483
Email:
ABN: 47 344 6270 37
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WAGONGA LOCAL ABORIGINAL LAND COUNCIL
POLICIES AND PROCEDURES
Table of Contents
Administration Management
(a)Communication Protocols Procedures
Mail Handling
Telephone Etiquette
Dealing with Difficult Callers
Use of Internet & Electronic Systems
Recording of Minutes
Stakeholder Communication Practices
(b)Payroll Procedures
Timesheets
Processing of Payroll
Annual Leave
Personal/Carers Leave
Long Service Leave
Salary and Wage Rates
Superannuation
Payroll Records
Changes to Pay Rates
New Employees
Terminations
(c)LALC Board Procedures
Wagonga LALC Board Functions and Responsibilities
Number of Board Members
Functions of the Board
Term of Office
Board Vacancy and Election Procedures
2 Consecutive Meeting Rule – Vacating Office
Prior to the Election
During the Election
Nominations
Eligibility
Uncontested Election
Contested Election
Declaration
(d)Chair & Deputy Chairperson
Roles and Responsibilities
Model Rule 7 - Calling of extraordinary meetings on request by members
Model Rule 21 - Financial duties
Model Rule - 19 Duties of Chairperson
Outside of Meetings
The Do’s
The Don’ts
(e)Election Process for Chairperson and Deputy Chairperson
Removal Process for Chairperson and Deputy Chairperson
(f)Policy and Procedure Development
Types of Policies/Procedures
New Membership Applications
Member Approval
Aboriginality
Association
Updating the Membership Roll
Previous Members
Association
Updating the Membership Roll
Members of Other LALC’s
Changing Voting Rights
Maintaining the Membership Roll
What Is Included On The Membership Roll
Preparing a Certified Membership Roll
Removing People From The Membership Roll
Residency/Association
Unknown Address
Confirmation of Membership Details
Complaints Relating to Membership Issues
Aboriginality Forms
Confirmation of Aboriginality Letter
Common Seal
Aboriginal Children Under 18
Recruiting New LALC Members
(g)Asset Management Procedures
Overview
LALC Assets-Definition
Approval of Capital Budget
Control and Safeguard of Asset
Use of Asset
Depreciation of Assets
Control of Assets
(h)Motor Vehicle Procedures
Ordering Vehicles
Vehicles Provided Under Individual Employment Contracts
Use On Leave
Staff and Consultant Performance Management Procedures
Performance Management Guidelines For The CEO/Board
Staff and Consultant Induction and Training Procedures
Work Relevance
(i)Staff Exit and Succession Planning Procedures
Staff Exit Procedures
Guidelines
Resignation
End of Fixed Term Contract
LALC Initiated Terminations
Redundancy (Retrenchment)
(j)Succession Planning Procedures
Succession Planning in Event of a Short Term or Temporary Unplanned Absence
Definition
Who May Appoint the Acting Chief Executive Officer
Back-ups for the Position of Acting Chief Executive Officer
Expressions of Interest in the Absence of Other Suitable Staff
Cross-training Plan for Appointees
Authority and Restrictions of the Appointee
Compensation
Communications Plan
Succession Planning in Event of a Long Term Unplanned Absence
Definition
Procedures
Succession Planning in Event of a Permanent Unplanned Absence.
Definition
Procedures
Succession Planning For the Loss of Other Staff and Key Personnel
Other Staff
Chair and Deputy Chair
Board Members
Consultants (Bookkeeper)
(k)Allocation of Properties
Application Process
Aboriginality
Eligibility
Income Limits
Ineligibility
Waiting List & Selected (Prioritised) Applications
Approving the Tenancy
The Selected Applicant (Tenant)
(l)Tenancy Management
Starting a Tenancy
Bond
Access to Property
Mutual Exchange (Swapping Houses between Tenants)
Transfer (Re-Housing)
Succession of Tenancy
Absence From Premises
Abandonment of Premises
Tenancy Participation
Use of Premises by the Tenant
Ending a Tenancy
Removing Tenants From the Premises
Removing Tenants Goods
(m)Rent Assessment and Collection
Setting and Reviewing Rent Levels
GST Implications in Relation to Rent Levels
Collection of Rent
Water Usage Charges
Not Individually Metered
(n)Rent Arrears Management
NCAT Compliance Order
NCAT Order to Terminate Tenancy (Eviction Order)
(o)Recovery of Debt
(p)Repairs and Maintenance
Planned Maintenance
Responsive Maintenance
Urgent Repairs
Non Urgent Repairs
Licenced, Registered and Insured Contractors
Severe Breaches of the Tenancy Agreement In Relation To Property Damage
(q)Appeals and Complaints
(a)Property and Land Management
Housing Depreciation Register
Revaluation or Impairment Testing
Property Maintenance
Property Growth
Property Management (Land)
Land Register
Land Claims
Land Purchases
Land Rates Exemptions
Rates Exemption Claim Process
Land Dealings
The Land Dealings Process
LALC Approval
NSWALC Approval
Culture and Heritage Management Procedures
LALC’s Objectives
Protection of Aboriginal Culture and Heritage
Aboriginal Objects
Aboriginal Places
Aboriginal Heritage Information Management System (AHIMS)
Sites Work
Repatriation
Promotion of Aboriginal Culture and Heritage
Cultural Events & Knowledge
Cultural Awareness
Hunting, Fishing and Gathering
(a)Community Land and Business Plan (CLBP) Procedures
CLBP Development
Legislative Requirements
Mandatory Inclusions in the LALC’s CLBP
The CLBP Development Process
The CLBP Approval Process
LALC Approval
Summary or Copy of CLBP for Members
NSWALC Approval
Declarations
CLBP Implementation and Review
Legislative Requirements
CLBP Implementation
CLBP Reporting
CLBP Review
CLBP Amendment
CLBP Expiration
Confidentiality, Privacy and GIPA Procedures
Confidentiality
Privacy
National Privacy Principals
Breaches of Privacy
Privacy Statements
Government Information Access Applications
Information Not Required to be Disclosed
Administration Management
(a)Communication Protocols Procedures
The purpose of these procedures is to ensure that the internal and external communication systems within Wagonga LALC are established in a manner that allows the LALC to be responsive to the needs of the members, Board and stakeholders.
Mail Handling
WLALC should ensure that mail is collected daily, recorded, stamped, received and processed in accordance with the LALC Mail Register.
Telephone Etiquette
Effective telephone answering is an important aspect of every employee/ member’s position, and therefore all employees are responsible to represent the LALC in a professional manner through adhering to the following procedures:
- Ensure that all telephone calls are answered, during normal business hours.
- All telephones, if more than one (1), should be answered promptly. (Ideally telephones should not ring more than three (3) times.)
- When answering a telephone, there should be proper identification, and the appropriate greeting: “Good morning/afternoon, Wagonga Local Aboriginal Land Council, ______speaking.” The main principle with these examples is that callers are put at ease and know who they have reached. By just stating the telephone number or simply saying “hello” is not acceptable in a business.
- All information provided should aim to meet the information needs of the caller, and should be accurate, reliable and complete.
- If information cannot be provided immediately, an attempt should be made to provide it as soon as possible. If it cannot be provided the Wagonga LALC should call the caller back and inform them of an alternative avenue they could take.
- Where a call needs to be returned, this, in all cases, should be done promptly.
Dealing with Difficult Callers
When a caller becomes aggressive over the telephone it is natural for an employee to feel aggressive in return. Do not respond with aggression.
- Recognise that the caller’s anger is not directed at the employee/ member personally.
- Remain calm and helpful.
- Ask questions and listen for facts. Make note of any facts.
- Acknowledge the caller’s feelings of anger (empathise). In some cases by saying “Thank you for letting us know about this problem”, it can soothe the situation.
- Agree to a course of action. Find out what the caller wants done, suggest a solution, and ask if it is agreeable to them. Never promise to do something that you cannot.
- Follow the agreed course of action. If the employee/member feels they cannot resolve the complaint, they should refer it to an alternative representative of the Council.
- Never become emotionally involved, or the situation will get out of hand.
- Follow up the action. Make sure that the action agreed upon has been carried out. If it has not, and the caller has to telephone again, the situation will become worse.
Use of Internet & Electronic Systems
These procedures deal with the provision of information technology resources by this organisation and the associated responsibility of authorised users when accessing these information technology resources.
These proceduresprovide access to the Internet for improved efficiency in community service related business and for the provision of information to the public. Use of the Internet for other purposes is not permitted. Misuse may result in denial of access or disciplinary action, depending on the type of misuse.
Email is an important means of communication in community organisations. It offers an effective form of communication, combining the informality, immediacy and direct person-to-person contact with a permanent record of the communication when required. Email offers major savings over both paper and telephone communications.
Email is often perceived as an informal means of communication. However, email systems are provided in LALC’s to facilitate and support official business, and related transactions of all kinds are increasingly undertaken in an electronic format. It is impractical to isolate email or to treat messages in an electronic format differently from those generated in other formats.
As more and more business transactions occur in an email format, steps must be taken to ensure that email which may be relevant for the LALC is captured and stored appropriately in a record-keeping system.
On commencement of a LALC staff member term of employment the LALC CEO or Board will ensure the following procedures are followed, as part of the employee’s induction program:
- Define what systems are covered by the procedure, e.g. voice mail, e-mail, Internet, and computer systems and files.
- Make clear that use of employer’s computer systems is to be used for business purposes only, and all files and messages are company property.
- If personal use is permitted, prohibit personal use that interferes with employee’s work or that of others (e.g. prohibiting non-work related websites such as chat rooms, games, travel, shopping, stock trading, hate/discrimination, pornography, etc.) or that is discriminatory, defamatory, harassing, insulting, offensive, pornographic or obscene.
- Prohibit copying and sending any confidential or proprietary information, or software that is protected by copyright and other laws protecting intellectual property.
- Prohibit unauthorised access by employees of other employees’ electronic communications.
- Notify employees that any misuse will be subject to discipline, up to and including termination.
- Inform employees that employer may access, search and monitor voice mail, e-mail or company files of any employee that are created, stored or deleted from company computer systems.
- Advise employees they should not expect their communications or use of employer’s computer information systems to be confidential or private.
- Have employees sign company procedure or notice on acceptable usage of employer’s computer information systems.
- Consider installing an on-screen warning on the employer’s electronic communications procedure that appears every time employees log onto their computers.
Further information regarding the induction of employees can be found in the LALC’s H2 - Staff and Consultant Induction and Training Procedures. Attached
Recording of Minutes
This component of the procedure includes the appropriate manner to record and maintain minutes of LALC meetings. A Board member elected as minutes’ secretary for the meeting by the members present must keep full and accurate minutes of the proceedings of a meeting of the Council as prescribed under the ALRR. The minute secretary must advise all members if the meeting is to be recorded using audio equipment and request consent of such members prior to the Chairperson opening the meeting.
The minutes’ secretary must record:
- all motions put to the meeting, and
- amendments to such motions, and
- the names of the movers and seconders of those motions and amendments, and
- the resolutions passed by the meeting.
The minutes’ secretary must keep the minutes of the proceedings of all meetings in the WLALC’s minute book can be sighted by members on request during business hours, however all LALC’s records including minutes are to be kept at the LALC office at all times. The Chairperson of the Board must sign the minutes when they have been accepted at the next meeting.
The minutes are to include the copy of the notice of the meeting, agenda, attendance list filed securely and sequentially numbered minute book;
Stakeholder Communication Practices
The LALC will update any changes of contact details including contact number, address, phone number and/or details of LALC officer’s status on the Board and contact details are provided to NSWALC and the Office of the Registrar completing theLALC Contact Details Form.
As part of stakeholder management the LALC will ensure that good relationships are formed with primary, secondary and tertiary stakeholders to work towards business objectives set by the LALC and in written form of a Community Land & Business Plan (CLBP). The primary stakeholders of a LALC could include members, NSWALC, the Registrar, neighbouring LALC’s, the CEO, Aboriginal Owners and Native Title claimants. The LALC recognises that it is important to maintain good working relationships with stakeholders and update NSWALC and the Registrar regularly of any changes within the LALC.
The LALC will ensure as part of stakeholder management and compliance with statutory obligations listed in the ALRA and external parties such as the Australian Taxation Office that all reports and liabilities are met within the required timeframes. A list of reporting obligations are listed in theLALC Critical Compliance Datesand the CEO is responsible to provide the reports and Board will oversee and monitor the process.
(b)Payroll Procedures
Timesheets
All employees are required to complete a timesheet. Permanent employees are to forward a weekly and/or fortnightly timesheet to the CEO. Casual employees are to complete a weekly timesheet. Wages may be withheld if timesheets are not completed as required.
Processing of Payroll
The CEO is responsible to ensure the following weekly payroll procedures are in place:
- Ensure that all Wagonga LALC employees complete Tax File Number Declaration Form within 28 days of commencement of employment.
- Checking LALC Weekly Time Sheet and completing the Staff Adjustment each week.
- Details of adjustments and casual wages are recorded and adjustments are forwarded to payroll.
- The bank transfer printed and checked
- Electronic funds transfer is authorised
- Employee Payslips are subsequently printed and distributed to employees;
- Following completion of these the CEO will check the various reports:
(a)Payroll reconciliations
(b)Prepare payment employment deductions (for example Medicare, MBF)
(c) Wages and superannuation journals.
The CEO is required to reconcile the payroll records to the general ledger on a monthly basis;
The CEO is required to issue Payment Summaries (group certificates) by the required timeframe determined by the ATO annually.
The CEO will ensure that each PAYG Payment Summary issued to employees is reconciled to the PAYG Payment Summary Statement before forwarding the form to the ATO.
The CEO is to ensure that payments have not effected any pecuniary interest, direct or in-direct.
Annual Leave
All employees on commencement of employment will be assigned an Employee History and Leave Record Card and the CEO is responsible to maintain all employee records are kept up to date.
All full time equivalent employees are entitled to 4 weeks leave annually.
Applications for leave must be completed and authorised [by the CEO or Board];
Applications for leave must be sought at least 2 weeks in advance;
Employees are not entitled to annual leave loading until after the completion for 12 months employment;
Personal/Carers Leave
An application for leave must be completed for all sick leave, and the application must be completed within 3 working days on return from sick leave. A medical certificate is to be produced if sick leave for two or more consecutive days.
Employees are entitled to be paid sick leave after 3 months employment.
Employees are entitled to a minimum 10 days per year.
Long Service Leave
Employees are entitled to long service after 10 years service.
Salary and Wage Rates
Salary and wage rates must be authorised by the Wagonga LALC Board and captured in employment contracts. The wage must satisfy the minimum wage contained in the Fair Work Act 2009. The Fairwork Award Finder will be utilised to find up to date information on award wages.
Superannuation
Wagonga LALC employees are eligible to choose a super fund and employees will be given Choosing Superannuation Provider Form to assist employees to make the correct decision for their financial circumstances. The Wagonga LALC must provide employees with the relevant forms. If the employee does not elect a superannuation fund the Wagonga LALC will pay superannuation directly in their default provider.
Payroll Records
The CEO is responsible for ensuring that accurate and complete payroll records are maintained.
Changes to Pay Rates
All changes to pay rates must be authorised by the Board and provided to the CEO and details captured in individual employee’s employment contract. The budget must also reflect any changes to pay rates.
New Employees
All induction forms to be provided to the CEO and kept in separate employee file and every LALC employee is required to complete a Tax File Declaration Form in the first week of employment and return the form to the CEO.
Terminations
All termination forms must be kept in the LALC files and recorded in the Wagonga LALC payroll recording system. On termination all employees will receive a separation certificate and final payment of all outstanding entitlements.
(c)LALC Board Procedures
Wagonga LALC Board Functions and Responsibilities
The Aboriginal Land Rights Act 1983 (ALRA) requires that each LALC Aboriginal Land Council (LALC) have a Board consisting of not less than 5 and not more than 10 members.