What happens if these requirements are not carried out?

In the first instance S355 committees should declare information about breaches to Council as soon as a breach comes to the S355 committees attention.

All S355 committee members are responsible for upholding the integrity of the S355 committee and must ensure appropriate reporting of matter arising to Council.

Where Council becomes aware of a breach, to protect the public interest, it will take one of the following actions:

  1. Minor breaches which are unintentional training or counselling will be offered to the S355 committee.
  2. A more serious breaches or consistent breaches a written warning will be provided to the S355 committee that if the breach should re-occur consideration will be given to dissolving the S355 committee.
  3. A significant breach or failure to adhere to a warning letter: dissolution of the S355 committee by a decision of the Council. In the interim the CEO will determine that management of the venue be overseen by Council staff.

Dissolution of the S355 committee

In certain circumstances, where there is significant risk to the community, S355 committee members or Council, there may be a need for Council to dissolve the S355 committee. These include where there has been or is:

  • Inadequate or inappropriate membership of the S355 committee or inability to fill Executive Office Bearer positions;
  • S355 committee is not meeting at least quarterly, or adequately to carry out operational responsibilities;
  • S355 committee fails to have sufficient funds to appropriately operate and maintain the community venue and cannot provide Council evidence of being financially self-sustaining;
  • Failure to comply with Council policies or report member/officer breaches of Council policies;
  • Failure to submit appropriate membership nomination form and annual written returns to Council;
  • Failure to invite the appropriate Council representative to a minimum of one meeting each year;
  • S355 committee systematically failing to keep records and minutes of committee meetings and not providing copies of such to the appropriate Council officer;
  • S355 committee systematically failing to respond to Council’s correspondence and requests (whether verbal or written);
  • Inadequate financial practices such as lack of receipting, failure to submit Business Activity Statements, etc;
  • S355 committee allowing practices that expose Council to risk;
  • Preferential and/or inequitable booking practices;
  • Failure to comply with statutory requirements such as Workplace Health and Safety;
  • Failure to declare pecuniary or non-pecuniary interest;
  • Inability of the committee to operate without pecuniary or non-pecuniary interest;
  • Lack of transparency in the manner of operation;
  • Failure to reach a quorum at three consecutive meetings; or
  • Moneys are unaccounted for without adequate explanation