1 F021 BUSINESS MANAGEMENT COMPLIANCE POLICY & MANUAL ADOPT... Page 1 of 1 30/04/2013 Policy Register Category: Policy Number: FINANCE F021 Meeting & Date: Ordinary Council Meeting - 24/6/2003 Policy Title: BUSINESS MANAGEMENT COMPLIANCE POLICY & MANUAL ADOPTED It was resolved that the Council adopt the Business Management Compliance Policy and Manual to ensure business management principles that are receptive to the Code of Competitive Conduct requirements are adopted into Council's business processes. ( to be put in - Dan re. document - NCP FOLDER - Draft Business Management Compliance Policy) Copyright 2002 Burdekin Shire Council Printed Date : 30/04/2013 URL :
2 BURDEKIN SHIRE COUNCIL Business Management Compliance Policy Commitment Council resolves to continue to comply with the provisions of the Local Government Act 1993, Regulations and Guidelines in the implementation of Competitive Neutrality Principles for its nominated Business Activities (BA s). The Council will continue to apply the principles of Competitive Neutrality to BA s where Council has resolved to apply the code of competitive conduct, and there is a continuing benefit to the community. The principle of competitive neutrality will be achieved by ensuring that the prices charged by Council BA s reflect a similar cost structure to that faced by private sector competitors or equivalent private sector organisations, subject to any Community Service Obligations adopted by Council under this policy. Governance and Management Autonomy The Council will continue to be responsible for setting broad policy directions for all BA s, through the adoption of the annual Operational Plans which shall include a segment for each BA. Council will also specify the parameters for each BA and the relevant Community Service Obligations in the annual Revenue Policy and/or Revenue Statement. For each BA to operate effectively, Council will delegate to the BA s, through the Chief Executive Officer, responsibility for the day-to-day operation of their BA. Management responsibilities, officer delegations and accountabilities are to reflect Council s direction. The BA s will be accountable to Council for the implementation of activities as per the Operational Plan and provide Council with regular reporting on its implementation. In accordance with s512 of the Local Government Act, the CEO will ensure assessment of progress towards implementing the Operational Plan requirements of the BA s and will present a written report to Council on regular intervals, at least quarterly. BA Managers are responsible for ensuring the ongoing market competitiveness of their BA s. Council may delegate the power to set Commercial fees to a BA Manager only if it can be demonstrated that a business case exists requiring the business to quickly respond to market conditions. Council Committees shall be responsible for oversight of compliance by each BA with the business management aspects of Operational Plans and any systemic or recurrent business management compliance problems. BA Managers are accountable and responsible for BA s through reporting against the Performance Plan or business management aspects of the Operational Plan to their relevant Committee.
3 Business Management Compliance Policy Burdekin Shire Council 2 The relevant Committee and BA are shown in the Table below: Business Activity Other Roads Recoverable Works Roads (tendered MRD) Plant Management Workshop COAG Water Reform Water & Sewerage Refuse Management Caravan Parks Business Activity Committee Works Committee Works Committee Works Committee Works Committee Works Committee Planning and Development Committee Planning and Development Committee Environment and Health Committee Environment and Health Committee Key Performance Indicators In accordance with section 510 of the Local Government Act, The Operational Plan for BA s will contain financial and non-financial performance measures about the required outcomes. Details of Compliance To ensure that there is continuing compliance with the business management reforms, Council adopts the attached procedures in the Business Management Compliance Manual, which are based on the following measures: Annual Review of Business Activities The CEO is required to ensure that an annual assessment of financial and nonfinancial compliance issues is undertaken, appropriate corrective or necessary action is instigated and that the implementation of such action is professionally managed. Budgeting and Accounting The Council s chart of accounts will provide for direct and indirect costs, finance costs, depreciation, allocation of overheads, internal and external revenue, and community service obligations. Within overall Council policy direction, BA s will be responsible for the preparation of draft annual budgets to meet the full requirements of full cost pricing as set out in the Local Government Act, Finance Standards and DLGP guidelines. BA s will be responsible for quarterly reporting to Council, via their relevant Committee, on meeting budget outcomes. Key budgetary performance indicators include meeting the required rate of return targets set in the Revenue Statement, and the payment of any return on capital specified in the Budget.
4 Business Management Compliance Policy Burdekin Shire Council 3 Pricing Policy In setting prices for works and services for the BA s, Council is committed to a full cost pricing policy for the supply of the product or service. Council will adhere to the pricing principles to achieve full cost pricing as set out in the Local Government Finance Standards. Allocation of Corporate Overheads The Council s Manager of Financial Services will review on an annual basis, as part of the budget process, the level of corporate overhead to be allocated to Council BA s, based on the proposed budget for the following year. Such review will include identification of governance costs (not to be allocated) and the appropriateness of cost drivers. Detailed records as to how the allocation of corporate overheads is calculated and allocated are to be available and shall meet the requirements of the Local Government Act and Finance Standards. Competitive Neutrality Adjustments and Tax Equivalent Payments BA Managers, in association with the Manager of Financial Services, will identify all material competitive neutrality adjustments and tax equivalent amounts to ensure that Council s BA prices meet full compliance with the principles of competitive neutrality. Community Service Obligations All directions from Council imposing additional costs (which a private operator could avoid) or requiring a BA to forgo revenue, will be in accordance with the general guidelines outlined in the Corporate Plan and identified as a Community Service Obligation (CSO). Council s CSO s will be fully identified and approved by Council in the Revenue Statement, setting out the policy objectives to be achieved; be fully costed on the most appropriate basis; be directly funded by Council to the BA; and be made transparent and reported in the Annual Report. BA Managers will be responsible, in conjunction with the Manager of Financial Services, for the calculation of all CSO s. BA s will develop key performance indicators for all CSO s, establish ongoing monitoring of such performance standards and report to Council as part of the reporting on the Operational Plan. Asset Valuation BA s will adhere to the Council s Asset Valuation policy, the Local Government Finance Standards, and relevant Australian Accounting standards. In accordance with this policy and standards, assets held by the BA having a limited useful life will be systematically depreciated over their useful lives. For pricing purposes, the asset value will be adjusted by eliminating assets contributed by third parties and inefficient or excess assets. The purpose of the adjustments is to determine Council s investment in the businesses, adjusted for any investments which have subsequently been shown to be
5 Business Management Compliance Policy Burdekin Shire Council 4 ineffective. The BA s may choose to use a renewals annuity from a Total Management Plan or Asset Management Plan as a substitute for depreciation, for the calculation of the full cost price. However, where there are any differences between the two methods, the Revenue Statement should include an explanation, particularly in relation to any unfunding of accounting depreciation. Rate of Return Council BA s will earn a rate of return on assets in accordance with the Local Government Act, Local Government Finance Standards and have regard to any Department of Local Government and Planning Bulletins. BA Managers have responsibility for recommending the appropriate rate of return for inclusion in the Revenue Statement. Management Reporting BA s are required to provide their Council Committees with a quarterly performance report in accordance with the Operational Plan. The report will be submitted to the Committee as soon as practicable at the conclusion of each quarter. The report will clearly document actual operating results for the quarter and the year to date and compare these results against the approved budget, any budget forecasts and the operational plan. In addition, non-financial performance indicators will be presented. Each BA will present an annual report to their Committees after the end of the financial year, addressing such issues as customer services and achieving the financial and non-financial performance indicators as set out in the Operational Plan. Continuous Improvement Management and staff of the BA will be encouraged (within Budgetary constraints) to undertake training in business management to ensure that the organisation keeps abreast of best practice and fosters a compliance culture. Identification of Compliance Issues The Council resolves to adopt the Business Management Compliance Manual. This manual outlines a process for identifying and managing compliance issues. The CEO, Manager of Financial Services, Director of Administrative Services and BA Managers are responsible for nominated aspects of the procedures. The CEO will ensure that arrangements are made to ensure that all BA Managers receive timely advice on relevant changes to laws, regulations and guidelines. Operating procedures for Compliance BA Managers are responsible for compliance with all aspects of this policy, including the Compliance Policy Procedures set out in the Manual, within their areas of responsibility.
6 Business Management Compliance Policy Burdekin Shire Council 5 Overseeing Compliance The BA Committee is responsible for overseeing the ongoing compliance of the BA. Each BA is required to report to the BA Committee on at least a quarterly basis on its performance against the financial and non-financial performance targets specified in the Operational Plan. BA Managers are required to report to the Committee on any compliance issues and the implementation of corrective action. The BA Committee is also responsible for oversight of the competitive neutrality complaints policy and process. Competitive Neutrality Complaints Process This policy acknowledges the Competitive Neutrality Complaints Policy and Process adopted by Council on 26 June, The Chief Executive Officer is responsible for the implementation of this policy, reporting to the BA Committee on any complaints received, and progress on complaints being processed. END OF POLICY
7 BURDEKIN SHIRE COUNCIL Business Management Compliance Manual Purpose The purpose of these Procedures is to provide the Business Activities (BA s) with a framework for ensuring ongoing compliance with Council s Business Management Policy and the related regulatory requirements. These procedures are based on the Australian Standard on Compliance Programs AS3806. The aim is to: Prevent, and where necessary, identify and respond to breaches of laws, regulations, and organisational standards relating to business management; Promote a culture of compliance and continuous improvement within the BA s, and Assist the BA s in remaining good corporate citizens Structural Elements Commitment Council has resolved to continue to comply with the provisions of the Local Government Act 1993, Regulations and Guidelines in the implementation of Competitive Neutrality Principles for its nominated BA s as listed hereunder: Nominated Business Activities COAG Water Reform Water & Sewerage Refuse Management Caravan Parks Plant Management Other Roads Recoverable Works Roads (tendered MRD) Workshop Compliance Policy In the Business Management Compliance Policy, Council resolved that: The Council will continue apply the principles of Competitive Neutrality to BA s where Council has resolved to apply the code of competitive conduct. The principle of competitive neutrality will be achieved by ensuring that the prices charged by Council BA s reflect a similar cost structure to that faced by private sector competitors or equivalent private sector organisations, subject to any CSO s adopted by Council under this policy. Management Responsibility Before the adoption of the Annual Budget each Manager responsible for a BA must, in conjunction with the Finance staff, review the full costs of the BA and
8 2 recommend changes to Council necessary to ensure that the prices charged by the BA reflect the full cost of providing those services in a competitively neutral manner. Managers responsible for the BA s are required to understand, promote and be responsible for implementation of competitive neutrality in compliance with relevant laws, regulations, codes and organisational standards that apply to activities within their responsibilities. For each BA, including Type 3 activities, the title of the manager responsible for each BA will be specified in the Revenue Statement each year. The Council will be responsible for setting broad policy directions for all BA s through the Revenue Statement in the Annual Budget. For the BA s to operate effectively, Council will delegate to the BA managers, through the CEO, responsibility for the day-to-day operations of their BA. Management responsibilities, officer delegations and accountabilities are to reflect Council s direction. The BA s are accountable to Council for the implementation of the requirements specified in the Revenue Statement, and for the provision of quarterly reporting on the implementation of these requirements to Council. Resources Adequate resources will be made available in the annual budget for ongoing compliance with this policy subject to Budgetary constraints. Managers responsible for BA s have direct access to the CEO and the BA Committee if required. Continuous Improvement Council is committed to continuous improvement. Management and staff of the BA s are encouraged (subject to Budgetary constraints and other training priorities) to undertake training in the Business Management Assistance Program and competitive neutrality reform to ensure that the Council keeps abreast of best practice and fostering a compliance culture. Operational Elements Identification of compliance issues The Council has identified the following risks that could result in compliance issues: 1. Changes in legislative requirements; 2. Changes in BA Managers or Finance staff with expertise in Competitive Neutrality;
9 3 3. Issues arising from a Competitive Neutrality Complaint warranting change to Council processes; 4. Changes in the Corporate Plan which affect Community Service Obligations; 5. Changes in the Corporate Plan which warrant more or less BA s; 6. Changes in the size or scope of a Council activity which warrants its creation as a BA; 7. Changes in Council s computer systems or Business Process which affect the operation of BA s; 8. Changes in Council s Organisation Structure or Committees which affect the operation of BA s; 9. Increased competition between the private sector and a Council BA; 10. Changes in the full costs of a BA which warrants a review of prices charged; or 11. Concerns raised by Internal or External Audit regarding a BA. Prevention Strategies for Potential Compliance Issues The CEO will cause a review of the compliance issues to be conducted prior to the completion of the draft budget. Checklists are attached in Appendix A and B, which must be presented to the CEO prior to finalisation of the annual budget. These checklist reviews will identify any issues that have arisen and the corrective action taken in the draft budget. Operating Procedures for Compliance Roles and Responsibilities Council The Council will be responsible for setting broad policy directions for all BA s through the Revenue Statement in the Annual Budget. Council will delegate to the BA Managers, through the CEO, responsibility for the day-to-day operations of their BA. Management responsibilities, officer delegations and accountabilities are to reflect Council s direction. Council is responsible for adopting all Policies, Corporate and Operational Plans, and the Budget. Business Activities Committee The BA Committee is responsible for oversight of compliance by each BA with the Business Management aspects of Operational Plans and any systemic or recurrent business management compliance problems. Chief Executive Officer (CEO) The CEO is responsible for ensuring that, during the budget development process each year, a review is undertaken as to which Council activities are BA s. In undertaking this review the CEO (or delegated officer) shall have regard to the adopted Corporate Plan of the Council. The CEO will then ensure that a Resolution to apply the Code of Competitive Conduct to those activities (including activities previously nominated) is incorporated in the proposed
10 4 Revenue Statement of the Budget, and assign management and reporting responsibilities to specified Council officers. The CEO will also ensure that Council adopts a Complaints Process for any newly nominated BA s, at or prior to the Council Budget meeting. The CEO will also ensure that the Community Service Obligation (CSO) policies in the proposed Revenue Statement are in accordance with general guidelines outlined in the Corporate Plan. When reviewing the Corporate Plan, the CEO shall review the current operation of the BA s and assess the effectiveness of the business practices in the Council, and whether additional, less, or modified BA s would be of benefit to the Council and community. The CEO shall also ensure that the Corporate Plan reflects the desires of the community in relation to the Community Service Obligations. Manager of Financial Services (MFS) During the annual budget process each year the following costs need to be identified and reviewed before setting the prices that will be set in the budget and charged by the BA s: Direct and Indirect Operating Costs Administrative and Overhead costs Depreciation Capital Costs o Weighted Average Cost of Capital (WACC) o Return on Assets based on the WACC Tax Equivalents Community Service Obligations Competitive Neutrality Adjustments The MFS shall maintain a record of the cost driver units for each overhead and support service, and shall review the appropriateness of the cost drivers and the cost driver units prior to the adoption of the annual budget. MFS is responsible for annually reviewing, as part of the budget process, the level of corporate overhead to be allocated to Council BA s, based on the estimated expenditure in the previous financial year. Such a review will include identification of governance costs which are not to be allocated, and a review of the appropriateness of the cost drivers. BA Managers Following the identification of these cost elements, each Business Manager is required to review the prices to ensure that they cover the full cost, subject to any identified CSO s. BA Managers are responsible for identifying and managing compliance issues in their businesses. An annual review is to be conducted for each business, and is to
11 5 include the identification of potential compliance issues. The minimum compliance issues to be addressed are: 1. Compliance with Council statutory instruments, including the corporate plan, operational plan, and budget; 2. Compliance with legislative requirements, including the National Competition Policy and COAG water reforms; 3. Compliance with good governance and ethical practices. Each BA is the responsibility of a specific position. Business Managers are accountable for the performance of their BA in accordance with performance requirements in the Revenue Statement and Operational Plan, and for compliance of their BA with all aspects of this policy. BA Managers are required to report to the BA Committee on compliance matters at least quarterly. BA Managers, in conjunction with the Manager of Financial Services, will identify all competitive neutrality adjustments and tax equivalent amounts to ensure that Council s BA s meet full compliance with the principles of competitive neutrality. Statutory compliance: Compliance with other legislative requirements (including NCP and COAG Water reforms) shall be monitored and reported to the BA Committee. Corporate compliance: Compliance with corporate requirements in the Council s statutory instruments, including the Corporate Plan and Operational Plan, are monitored and reported to the BA Committee at least quarterly. Action plans for problem rectification An Action Plan is required for all issues arising from the annual assessment, which need rectification or improvement. BA Managers and the MFS and Director of Administrative Services (DAS) are responsible for creating and managing Action Plans on any matters arising in the assessment relating to their area of responsibility. Ongoing monitoring, assessment and reporting BA Managers are required to monitor, assess and report to the BA Committee on compliance with all aspects identified within this manual. In addition, Council s adopted process for handling competitive neutrality complaints will apply, and Managers are required to comply with this process. Information recording and analysis BA Managers, the MFS and DAS are required to maintain information systems to record and analyse compliance issues and collate the information for the required periodic reports.
12 6 Incorporation of Compliance Standards into Council Systems and Processes Corporate Plan The corporate plan shall provide general guidance as to Council s policy in relation to the adoption of business management practices, and its desire to continually improve Council efficiency and management practices. Revenue Policy The Revenue Policy should contain a statement that Council s policy is to apply Full Cost Pricing in accordance with the Code of Competitive Conduct under the Local Government Act for nominated BA s. Details of Council s policies in relation to this should be specified in the Revenue Statement. Budget documents Revenue Statement The Revenue Statement should contain the following information in relation to BA s: 1. Annual Resolution a. A resolution to apply to code of competitive conduct. b. List of BA s, with titles of responsible BA Manager for each; 2. BA Definitions a. A Definition of each BA, outlining: b. the nature of the business (eg, internal contractor to Council (eg Roads), full service (eg Water and Sewerage); c. The nature of the assets used; d. How regulatory functions have been treated; 3. Community Service Obligations a. A Statement reflecting Council s approach to Community Service Obligations. b. For each Community Service Obligation (CSO), an outline showing the Policy Framework, Costing Methodology, and Performance Criteria and Monitoring Mechanism. The Policy Framework shall contain relevant references to the Corporate Plan. Each CSO shall be for Council requirements that require the BA to either incur avoidable costs or forgo revenue, which would not be commercially viable for a private operator to do. 4. Valuation of Assets a. A statement outlining the Council s treatment of Assets in the Business Activities, including valuation method, treatment of contributed assets, and adjustments for optimisation (excess or redundant assets).
13 7 5. Allocation of Overheads and Support Costs a. An Outline of the method of allocating corporate overheads and support costs, showing the cost driver used for each of the overhead and support activities. Where possible, these costs are to be allocated on a Full Cost Pricing basis. 6. Direct and indirect expenditure a. A statement indicating that all direct and indirect costs shall be included in the costs used to set prices in each of the business activities. 7. Depreciation a. A statement indicating the treatment of depreciation 8. Tax Equivalents a. A Statement showing how each of the relevant taxes have been incorporated into the costs for pricing purposes. 9. Competitive Neutrality Adjustments a. A statement on the treatment of other competitive neutrality adjustments. 10. Rate of return a. A statement on the target rates of return for each of the BA s. For BA s with significant assets, the target rates of return shall be in accordance with the Department of Local Government (DLGP) Bulletin 06/01. For thinly capitalised BA, except Roads or Other Roads, the target rate of return shall be either 10% of costs or 9% of revenue). For Roads BA s, since there is already a rate of return in the Plant prices incorporated, the target rate of return shall be at least 1.6% representing the cost of working capital. The Budget documents shall include a Full Cost Pricing (FCP) Budget for each BA. This Statement shall compare the Council s adopted budget with the FCP Budget and give appropriate explanations for major difference between the adopted and FCP Budget. For each BA, the FCP Budget shall show the detail as displayed in the Table on page 9. Periodic Performance Reports Performance Reports for the BA s should show performance against the Key Performance Indicator (KPI s) targets specified in the Operational Plan. KPI s should be in the following areas: Customer Service Indicators (eg. Number of complaints, response times for corrective action, survey results),
14 8 Community Service Obligation indicators (in accordance with the CSO policy) Financial Indicators (eg. Rate of Return, Operating Surplus, Total Community Equity, Funded Depreciation, System Indicators (eg, no. of mains bursts per kilometre, number of sewerage chokes per Kilometre, % of unaccounted water) Employee Indicators (eg. Survey results, turnover, absenteeism, training days per employee). Environmental Indicators (if applicable. Eg. as per EPA Licence conditions). Full Cost Pricing Budget Revenue Revenue for services provided to Council Revenue for services provided to external clients Community Service Obligations Total Revenue Corporate overheads Labour, Materials and Services Depreciation Finance costs Other Tax Equivalents Competitive Neutrality Adjustments Total expenditure Surplus/(Deficit) Return Assets (Written Down) Less contributed and optimised assets Net assets for pricing purposes Rate of return (Return/Net assets) Annual reports 1. The Council s Annual Reports shall include the following items for each BA: (a) Estimated revenues for each activity; (b) Estimated expenses for each activity, as per FCP requirements; (c) Estimated surplus or deficit for the period; (d) Include a description of the nature of CSOs to be provided under the activity. Estimated revenues shall be disclosed as: (a) Revenue for services other than to the local government; (b) Revenue for services to the local government; (c) Estimated cost, less any revenue, of carrying out the CSO.
15 9 2. The Council s Annual Report shall include a statement of Water crosssubsidies, showing cents per kilolitre, as follows: Water Cross Subsidies Statement (Simplified) Residential (cents per kilolitre) Commercial (cents per kilolitre) Industrial (cents per kilolitre) Other (cents per kilolitre) Water Consumption Cost Average price paid by consumers Average amount contributed by Government or Council CSO s Total Revenue Difference (Contribution toward fixed costs) Cross subsidy received? () No No No No Note: the water consumption cost has been calculated in accordance with Queensland Government guidelines, using the term water consumption cost instead of Long Run Marginal Cost in the Guidelines. These Guidelines require that a cross-subsidy must be declared only if a consumer group is paying less than the water consumption cost, after taking account of any government contributions or Council Community Service Obligations (CSO s). 3. For each BA, the Annual Report shall show a comparison of targeted and actual Key Performance Indicators (KPI s) for the year. Computer system Council s financial and accounting systems (where financially feasible) incorporate features for processing competitive neutrality and full cost pricing. Operational Plan Each BA shall have a section in the Operational Plan, including any Competitive Neutrality issues to be addressed, and the KPI s for each BA. These KPI s shall reflect the major requirements of the BA, and shall include at a minimum the target rate of return and KPI s for any Community Service Obligations.
16 10 Education and training Managers responsible for BA s are required to ensure (subject to Budgetary constraints) that they and appropriate staff undergo a process of continuous learning to keep abreast of current and emerging neutrality requirements and best-practice management and governance practices. Compliance manuals A Compliance Manual (recorded on the Council s Document Management System) is required for each BA, and for overall National Competition Policy requirements, outlining the following: Summary of laws, regulations, licenses and organisational standards Operational procedures BMAP and DLGP Guidelines Summary Checklist (see appendices A and B). Implementation Each BA Manager is responsible for implementing this policy in the BA in a fair, reasonable, timely, responsive, consistent, accurate, efficient and effective manner. BA Managers are required to develop the compliance objectives and assessment criteria in their Operational Plans, and monitor and report the results. Complaints handling system All complaints are recorded and handled in accordance Council s Competitive Neutrality Complaints policy and process. Each BA Manager is responsible for ensuring that all complaints are recorded and for reporting on significant and recurrent complaints. Record keeping Specific compliance issues are recorded in the annual checklist of potential compliance issues, All Competitive Neutrality complaints shall be recorded in Council s Competitive Neutrality Complaints Register, maintained by the DAS. Identification and rectification Responsible Officers are required to monitor, report and develop action plans on all instances of non-compliance and report to the BA Committee at least quarterly, and more frequently for significant matters. Systemic and recurring problems Key Performance Indicators (KPI s) shall be specified in the Operational Plan for each BA, including indicators on critical (systemic and recurring) compliance issues (eg EPA licence conditions). Performance against the Operational Plan KPI s is to be reported to the BA Committee on a quarterly basis.
17 11 Long-Term Action Plans are required for all systemic and recurring problems. Reporting The Council s Organisational Structure depicting the BA s is shown in Appendix C. Management supervision The BA Committee is responsible for oversight of compliance by each BA with any Performance Plans and business management aspects of Operational Plans, and any systemic or recurrent compliance problems. Director s and Managers are responsible for the compliance of BA within their area of responsibility with the BA s Operational Plan and legislative requirements. Maintenance Elements Education and training The CEO shall ensure that all BA Managers and the CFO are continually kept up to date on Competitive Neutrality matters. The summary checklists in Appendices A and B ensures that any new BA Managers and MFS are provided with comprehensive training. The DAS shall ensure that existing BA Managers and the MFS are provided with opportunities for relevant training (subject to Budgetary constraints) in business management principles. Visibility and communication Council is dedicated to the performance review and improvement process. This is part of developing a culture of performance improvement. KPI s on areas that are most important to customers, business requirements, and CSO s shall be reported to staff very regularly so that staff have time to make improvements before the reporting cycle is completed. All KPI s and feedback from customers are reported to staff at least quarterly and discussed at staff meetings. Monitoring, assessment and review The DAS and MFS, in conjunction with BA Managers shall annually complete the Compliance Checklists and recommend appropriate action to the CEO prior to each Budget adoption, to ensure ongoing competitive neutrality. Liaison BA Managers are required to regularly liaise with relevant regulatory authorities, industry groups and reference Local Governments. Accountability The Operational Plan is essentially a Contract between the BA and the Council.
18 12 BA Managers are accountable and responsible for BA s through reporting against the business management aspects of the Operational Plan to the BA Committee.
19 13 Appendix A Checklist of Potential Organisational Compliance Issues Note: Answer Yes if any of these conditions are likely to arise during the next financial year. 1. Has there been any change in legislative requirements affecting Council Business Activities (including any relevant Bulletin from the Department)? If Yes, what has changed? 2. Have there been any changes in Environmental standards, which affect a business activity s cost structure? 3. Have there been any changes in Business Activity Managers or Finance staff with expertise in Competitive Neutrality? 4. Have any issues arisen from a Competitive Neutrality Complaint warranting change to Council processes?
20 14 5. Have any changes been made to the Corporate Plan that affects Community Service Obligations? 6. Have any changes been made to the Corporate Plan that warrants more or less Business Activities? 7. Has there been any change in the size or scope of a Council activity that warrants its creation as a Business Activity? 8. Have there been any changes to Council s computer systems or Business Process that affect the operation of Business Activities? 9. Have there been any changes in Council s Organisation Structure or Committees that affect the operation of Business Activities?
21 Has there been increased competition between the private sector and a Council Business Activity? 11. Have any concerns been raised by Internal or External Audit regarding a Business Activity? 12. Have any other Competitive Neutrality Compliance issues arisen? Director of Administrative Services Date / /
22 16 Appendix B Checklist of Potential Financial Compliance Issues Note: Answer Yes if any of these conditions are likely to arise during the next financial year. 1. Have there been any changes in the following costs of a business activity that warrants a review of prices charged? For each item, indicate Direct labour, materials and service costs Indirect Labour, materials and service costs Allocation of overheads and administration.. Asset Valuation. Contributed (donated/subsidised) assets. Redundant or surplus assets.. Depreciation.. Rate of return. Indirect capital (eg. plant, IT, accommodation).... Taxation (actual).. Taxation (equivalents).... Payroll tax.. Land tax..... Council rates. Other taxes (if applicable).. Community Service Obligations Superannuation Other Competitive Neutrality adjustments.... If Yes, what action is proposed or has been taken, for each affected item? 2. Have there been any changes in accounting standards or policies that warrants a review of prices charged?
23 17 3. Has there been a revaluation of assets that would have a material impact on a business activity? Manager Financial Services Date / /
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