Common use of Probity Clause in Contracts

Probity. 4.1.1 COUNCIL’S RESPONSIBILITIES To maximise transparency and public confidence in Infrastructure Agreements, Council will: FOR ALL AGREEMENTS • only enter into Agreements that achieve public benefits that are at least equal to the benefits that could be realised through s7.11 or s7.12 contributions • ensure that Agreements are voluntary for both Council and developers • comply with our Code of Conduct and inform developers proponents about ethical behaviour appropriate to business dealings with the Council • not allow the interests of individuals or interest groups to outweigh the wider public interest when deciding whether to enter into Agreements • provide a copy of this policy to any person who seeks to enter into a Developer Infrastructure Agreement with Council • allow the public to access and download this policy and all executed VPAs from Council’s website • ensure that Councillors and Council staff understand their role and responsibility in the Agreement process, • ensure that Councillors are not involved in any direct negotiations with proponents during the period of the Agreement negotiation • ensure that all meetings with the developer in respect of a Developer Infrastructure Agreement are properly documented (including meeting minutes) • where Council has a commercial interest in a development the subject of an Agreement, take appropriate steps to ensure that conflicts of interest are avoided or managed • work with proponents to establish clear timeframes to progress agreements efficiently and actively communicate the status of the agreement • seek to ensure that Council’s financial risk in entering an Agreement is minimised • provide a clear and transparent pathway for proponents to make an offer • ensure the Policy is consistent with relevant legislation, practice notes and guidelines. FOR VPAS: • publicly notify proposed VPAs in accordance with the EP&A Act and EP&A Regulation • not approve development that is unacceptable on planning grounds because of public benefits offered by developers • not refuse or recommend refusal of a DA or CDC on the sole basis that a VPA has not been entered into or that the developer has not offered to enter into a VPA • not enter into VPAs that require planning controls to be changed or a development consent to be granted as a result of the VPA • ensure that the Council staff nominated to negotiate a VPA are not the same staff with the primary role of assessing or approving the Planning Proposal or DA except to provide advice on contributions or other relevant matters. • VPAs associated with Planning Proposal, will not be finalised until the associated Planning Proposal is determined.

Probity. 4.1.1 COUNCIL’S RESPONSIBILITIES To maximise transparency Public probity is fundamentally important and it will ensure that the negotiation of any planning agreement is fair, transparent and is directed at achieving public confidence benefits in Infrastructure Agreementsan appropriate manner, free of corruption. In this regard, Council will: FOR ALL AGREEMENTS • only enter into Agreements  Exhibit in accordance with the Act all planning agreements to ensure openness and transparency;  Ensure appropriate delegations and separation of responsibilities in considering development applications that achieve public benefits involve planning agreements including, the need to ensure processes are soundly based upon documented risk management;  Ensure that there is clarity of roles for councillors, council management and staff;  Take every step to ensure that conflicts of interest (actual and perceived) are at least equal ameliorated to the benefits that could be realised greatest extent possible through s7.11 or s7.12 contributions • ensure that Agreements are voluntary for both Council and developers • comply with our Code of Conduct and inform developers proponents about ethical behaviour appropriate to business dealings with the Council • not allow the interests of individuals or interest groups to outweigh the wider public interest when deciding whether to enter into Agreements • provide a copy of this policy to any person who seeks to enter into a Developer Infrastructure Agreement with Council • allow the public to access and download this policy and all executed VPAs from Council’s website • ensure that Councillors and Council staff understand their role and responsibility in the Agreement process, • ensure that Councillors are not involved in any direct negotiations with proponents during the period of the Agreement negotiation • ensure that all meetings with the developer in respect of a Developer Infrastructure Agreement are properly documented (including meeting minutes) • independent assessment by third parties where Council has a commercial interest (.i.e. landowner or proponent).  Not enter into any contractual arrangement which purports to guarantee outcomes that are subject to separate regulatory processes and/or xxxxxxx the discretion of the assessment and determination of applications. Council managers and professional officers with appropriate delegated authority will negotiate a planning agreement on behalf of Council in a development accordance with this Policy. Council will ensure that all negotiations with proponents and their representatives are sufficiently documented. The Council's process for the subject preparation, negotiation and execution of an Agreementplanning agreements aims to be efficient, take appropriate steps predictable, transparent and accountable. The process seeks to ensure that conflicts the negotiation of interest are avoided planning agreements runs in parallel with applications for instrument changes or managed • work development applications. When agreed by the parties, the concluded range of public infrastructure, amenities, services and facilities, together with proponents the dedication and on-going management of environmentally significant land will be embodied in a Heads of Agreement to establish clear timeframes to progress agreements efficiently and actively communicate be formally endorsed by the status parties. This will be the basis for drafting of the agreement • seek to ensure that Council’s financial risk in entering an Agreement is minimised • provide a clear and transparent pathway for proponents to make an offer • ensure planning agreement. Councillors have the responsibilities for:  Setting the Policy is consistent which directs negotiations of planning agreements,  Endorsing a planning agreement for public notification; and  Endorsing the planning agreement in conjunction with relevant legislation, practice notes and guidelines. FOR VPAS: • publicly notify proposed VPAs in accordance with the EP&A Act and EP&A Regulation • not approve development that is unacceptable on planning grounds because of public benefits offered by developers • not refuse or recommend refusal of a DA or CDC on the sole basis that a VPA has not been entered into or that the developer has not offered to enter into a VPA • not enter into VPAs that require planning controls to be changed or a development consent to be granted as a result of the VPA • ensure that the Council staff nominated to negotiate a VPA are not the same staff with the primary role of assessing or approving determining the Planning Proposal for referral to the Department of Planning and Environment or DA except to provide advice on contributions or other determining the relevant matters. • VPAs associated with Planning Proposal, will not be finalised until the associated Planning Proposal is determineddevelopment application.