12. Unauthorised Occupation of Council Land – Risk Assessment Hazard Risks Existing Risk Controls Risk Rating Likely Impact Risk Rating Assessment of Controls Additional Risk Treatment or action Plan Risk Rating Likely Impact Revised Risk Rating Responsible to Monitor / Supervise Revenue, Cost or Liability Liability, temporary loss of use of asset and damage repairs Local Law cl. 51, inconsistent with community expectations. Council department policies differ – No permit option, ineffective enforcement. Non-compliance. Moderate Major 12 Administrative New Local Law Moderate Low 6 Road, Local Law and Land Asset Managers People Public safety incl. road safety, disabled Local Law cl. 51. No permit controls. Non-compliance. Moderate Major 12 Administrative New Local Law Moderate Low 6 Road, Local Law and Land Asset Managers Environment & Sustainability Environmental harm & uncontrolled street plantings Local Law cl. 51. No permit controls. Non-compliance. Moderate Moderate 9 Administrative New Local Law Low Low 4 Road, Local Law and Land Asset Managers Probity/political Reputation of assets as fair game Local Law cl. 51. No permit controls. Non-compliance. Moderate Moderate 9 Administrative New Local Law Negligible Low 6 Road, Local Law and Land Asset Managers Info Systems/ Bus. Interruption Alternative lawful use interference Local Law cl. 51. No permit controls. Non-compliance. Low Low 4 Administrative New Local Law Negligible Low 2 Road, Local Law and Land Asset Managers Local economy and Growth Less desirable residency Local Law cl. 51. No permit controls. Non-compliance. Negligible Negligible 1 Administrative New Local Law Negligible Negligible 1 Road, Local Law and Land Asset Managers Community and Lifestyle Community gardeners unhappy Local Law cl. 51. No permit controls. Non-compliance. Low Low 4 Administrative New Local Law Negligible Low 2 Road, Local Law and Land Asset Managers Service Quality Failure in consistency of approach Local Law cl. 51. No permit controls. Non-compliance. Moderate Low 6 Administrative New Local Law Low Low 4 Road, Local Law and Land Asset Managers Community Confidence Community perception of unfairness Local Law cl. 51. No permit controls. Non-compliance. Moderate Low 6 Administrative New Local Law Low Low 4 Road, Local Law and Land Asset Managers
16. Offensive Emissions Entering Neighbouring Property – Risk Assessment Hazard Risks Existing Risk Controls Risk Rating Likely Impact Risk Rating Assessment of Controls Additional Risk Treatment or action Plan Risk Rating Likely Impact Revised Risk Rating Responsible to Monitor / Supervise Revenue, Cost or Liability Risk of liability and enforcement costs Public Health and Wellbeing Act 2008, Environment Protection Act 1970 – too onerous for small offences. Nuisance local law – may not be lawful. Negligible Negligible 1 Administrative New Local Law Negligible Negligible 1 Local Laws, and Enviro Health Managers People Health of public and staff – breach of OH&S duties OH&S laws. Use of management oversight, police, trespass laws. Negligible Negligible 1 Administrative New Local Law Negligible Negligible 1 Local Laws, and Enviro Health Managers Environment & Sustainability Damage to flora and fauna in reserves PHWA, EPA, uncertain Local Law Low Low 4 Administrative New Local Law Negligible Negligible 1 Local Laws, and Enviro Health Managers Probity/political Council Reputation PHWA, EPA, uncertain Local Law Low Low 4 Administrative New Local Law Negligible Negligible 1 Local Laws, and Enviro Health Managers Info Systems/ Bus. Interruption Impact on Council land and services PHWA, EPA, uncertain Local Law Low Low 4 Administrative New Local Law Negligible Negligible 1 Local Laws, and Enviro Health Managers Local economy and Growth Impacts on local sport PHWA, EPA, uncertain Local Law Low Low 4 Administrative New Local Law Negligible Negligible 1 Local Laws, and Enviro Health Managers Community and Lifestyle Unfair Loss of Amenity PHWA, EPA, uncertain Local Law Moderate Low 6 Administrative New Local Law Negligible Low 2 Local Laws, and Enviro Health Managers Service Quality Failure to enforce PHWA, EPA, uncertain Local Law Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws, and Enviro Health Managers Community Confidence Individual / community perception of safety PHWA, EPA, uncertain Local Law Moderate Moderate 9 Administrative New Local Law Low Negligible 2 Local Laws, and Enviro Health Managers
especially issues of community wellbeing by protecting the public and animals from unnecessary risk. Comparative Municipalities Some other municipalities with Fireworks controls in Local Laws include Latrobe, Cardinia, Casey, Bass Coast and the City of Ballarat. Cost Benefit Analysis Major Events are largely not impacted by this law. Consequently, there will be minimal impact on festive occasions for community, tourists and visitors. However, there are potentially significant savings to be had by minimizing very real safety and public risks, animal risks, and fire and financial risks for farmers of uncontrolled private firework displays. Risk Analysis See below National Competition Policy There is no conflict with the National Competition Policy, especially as many other municipalities are introducing the same requirement, which will impact commercial pyrotechnicians. Charter of Human Rights and Responsibilities The limitation on the freedom of private property owners must be offset against the community impact of some activities on private property which create public risk, animal risk, expense and issues of community amenity.
17. Fireworks – Risk Assessment Hazard Risks Existing Risk Controls Risk Rating Likely Impact Risk Rating Assessment of Controls Additional Risk Treatment or action Plan Risk Rating Likely Impact Revised Risk Rating Responsible to Monitor / Supervise Revenue, Cost or Liability Risk of liability. Cost of loss to community (injury, animals etc.) State OH&S Cert. and CFA in Fire Danger Period. Police enforce possession and sale by Dangerous Goods Act. No controls on illegal or lawful private fireworks displays. Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws, Events and Land Asset Managers People Road Safety and Personal Injury, Fires As Above Moderate Major 12 Administrative New Local Law Low Moderate 6 Local Laws, Events and Land Asset Managers Environment & Sustainability Fires, damage to and by animals, incl. native fauna. As Above Low Negligible 2 Administrative New Local Law Negligible Negligible 1 Local Laws, Events and Land Asset Managers Probity/political Council Reputation – other councils control As Above Low Moderate 6 Administrative New Local Law Low Low 4 Local Laws, Events and Land Asset Managers Info Systems/ Bus. Interruption Clean up disruptions Fire consequences As Above Low Major 8 Administrative New Local Law Negligible Low 2 Local Laws, Events and Land Asset Managers Local economy and Growth Fire v. tourism As Above Low Low 4 Administrative New Local Law Negligible Negligible 1 Local Laws, Events and Land Asset Managers Community and Lifestyle Loss of pets, injury to persons, fire As Above Moderate Major 12 Administrative New Local Law Low Moderate 6 Local Laws, Events and Land Asset Managers Service Quality Failure to provide safe service As Above Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws, Events and Land Asset Managers Community Confidence Individual / community perception of safety As Above Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws, Events and Land Asset Managers
19. Shipping Containers – Risk Assessment Hazard Risks Existing Risk Controls Risk Rating Likely Impact Risk Rating Assessment of Controls Additional Risk Treatment or action Plan Risk Rating Likely Impact Revised Risk Rating Responsible to Monitor / Supervise Revenue, Cost or Liability Risk of liability No controls on private land. Planning Scheme inadequate. Building Permit not about amenity. Low Moderate 6 Administrative New Local Law Low Low 4 Local Laws, Planning and Land Asset Managers People Safety of some containers As above. Negligible Moderate 3 Administrative New Local Law Negligible Low 2 Local Laws, Planning and Land Asset Managers Environment & Sustainability Damage to Council Land; Planning controls of Amenity As above. Low Low 4 Administrative New Local Law Negligible Negligible 1 Local Laws, Planning and Land Asset Managers Probity/political Council Reputation. Other councils control As above. Moderate Moderate 9 Administrative New Local Law Low Negligible 2 Local Laws, Planning and Land Asset Managers Info Systems/ Bus. Interruption Interference with Council Land As above. Negligible Low 2 Administrative New Local Law Negligible Negligible 1 Local Laws, Planning and Land Asset Managers Local economy and Growth Restricts Tradesmen and farmers v. loss of land values As above. Low Low 4 Administrative New Local Law Low Low 4 Local Laws, Planning and Land Asset Managers Community and Lifestyle Visual impairment of neighbourhood; loss of land values As above. Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws, Planning and Land Asset Managers Service Quality Failure to ensure local amenity As above. Low Low 4 Administrative New Local Law Negligible Negligible 1 Local Laws, Planning and Land Asset Managers Community Confidence Local amenity. Community well-being As above. Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws, Planning and Land Asset Managers
28. Individual Animal Plan – Risk Assessment Hazard Risks Existing Risk Controls Risk Rating Likely Impact Risk Rating Assessment of Controls Additional Risk Treatment or action Plan Risk Rating Likely Impact Revised Risk Rating Responsible to Monitor / Supervise Revenue, Cost or Liability Risk of liability. Domestic Animal Act 1994 – which has a gap. Moderate Moderate 9 Administrative New Local Law Low Low 4 Animal Management, Land Asset Managers People Public Safety, Dog attack Domestic Animal Act 1994 – which has a gap. Moderate Major 12 Administrative New Local Law Low Moderate 6 Animal Management, Land Asset Managers Environment & Sustainability Damage done by dogs at large Domestic Animal Act 1994 – which has a gap. Low Negligible 2 Administrative New Local Law Negligible Negligible 1 Animal Management, Land Asset Managers Probity/political Council Reputation Domestic Animal Act 1994 – which has a gap. Moderate Low 6 Administrative New Local Law Low Low 4 Animal Management, Land Asset Managers Info Systems/ Bus. Interruption Dog attack disruption Domestic Animal Act 1994 – which has a gap. Negligible Negligible 1 Administrative New Local Law Negligible Negligible 1 Animal Management, Land Asset Managers Local economy and Growth Attendance in rec reserves / bike paths Domestic Animal Act 1994 – which has a gap. Negligible Negligible 1 Administrative New Local Law Negligible Negligible 1 Animal Management, Land Asset Managers Community and Lifestyle Personal injury, risk to vulnerable. Domestic Animal Act 1994 – which has a gap. Significant Moderate 4 Administrative New Local Law Moderate Low 6 Animal Management, Land Asset Managers Service Quality Failure to provide safe public spaces Domestic Animal Act 1994 – which has a gap. Moderate Moderate 9 Administrative New Local Law Low Low 4 Animal Management, Land Asset Managers Community Confidence Individual / community perception of safety Domestic Animal Act 1994 – which has a gap. Moderate Moderate 9 Administrative New Local Law Low Low 4 Animal Management, Land Asset Managers
49. Sale And Consumption of Liquor on Roads Adjoining Licensed Premises – Risk Assessment Hazard Risks Existing Risk Controls Risk Rating Likely Impact Risk Rating Assessment of Controls Additional Risk Treatment or action Plan Risk Rating Likely Impact Revised Risk Rating Responsible to Monitor / Supervise Revenue, Cost or Liability Risk of liability VCGLR issue license extension and seek Council comment. Police enforce VCGLR license. Council procedure gives Council no control over this use of its land. Council has power to issue permit Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws & Enviro Health Manager People Public health safety and amenity As Above. Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws & Enviro Health Manager Environment & Sustainability Use of Council Land As Above. Low Low 2 Administrative New Local Law Negligible Negligible 1 Local Laws & Enviro Health Manager Probity/political Council Reputation As Above. Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws & Enviro Health Manager Info Systems/ Bus. Interruption Change to procedures As Above. Negligible Negligible 1 Administrative New Local Law Negligible Negligible 1 Local Laws & Enviro Health Manager Local economy and Growth Tourism and alcohol on footpaths As Above. Low Low 4 Administrative New Local Law Low Low 4 Local Laws & Enviro Health Manager Community and Lifestyle Public health safety and amenity As Above. Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws & Enviro Health Manager Service Quality Private use of Council land with risks As Above. Moderate Low 6 Administrative New Local Law Low Negligible 2 Local Laws & Enviro Health Manager Community Confidence Individual / community perception of safety and amenity As Above. Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws & Enviro Health Manager
65. Smoke Free Areas – Risk Assessment Hazard Risks Existing Risk Controls Risk Rating Likely Impact Risk Rating Assessment of Controls Additional Risk Treatment or action Plan Risk Rating Likely Impact Revised Risk Rating Responsible to Monitor / Supervise Revenue, Cost or Liability Risk of liability State Tobacco Act 1987. Many public places not included Low Major 8 Administrative New Local Law Low Low 4 Local Laws and Service Managers People Public health of and amenity As Above Significant Major 16 Administrative New Local Law Low Moderate 6 Local Laws and Service Managers Environment & Sustainability Buildings, contents and surrounds As Above Low Negligible 2 Administrative New Local Law Negligible Negligible 1 Local Laws and Service Managers Probity/political Council Reputation As Above Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws and Service Managers Info Systems/ Bus. Interruption Equipment integrity Council’s workplaces are by State regulation. Negligible Negligible 1 Administrative New Local Law Negligible Negligible 1 Local Laws and Service Managers Local economy and Growth Impact on Traders; customer health State Tobacco Act 1987. Many public places not included Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws and Service Managers Community and Lifestyle Health from use of public spaces As Above Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws and Service Managers Service Quality Failure to provide safe service As Above Low Low 4 Administrative New Local Law Negligible Negligible 1 Local Laws and Service Managers Community Confidence Individual / community perception of safety As Above Moderate Moderate 9 Administrative New Local Law Low Low 4 Local Laws and Service Managers
75. Events – Risk Assessment Hazard Risks Existing Risk Controls Risk Rating Likely Impact Risk Rating Assessment of Controls Additional Risk Treatment or action Plan Risk Rating Likely Impact Revised Risk Rating Responsible to Monitor / Supervise Revenue, Cost or Liability Risk of liability Current Local Law is unclear on events especially on roads. A permit is clearer than the current letter of event approval i. Moderate Major 12 Administrative New Local Law Low Low 4 Events staff and Geelong Central and Waterfront Manager People Health of public and staff – breach of OH&S duties As Above Moderate Major 12 Administrative New Local Law Low Low 4 As Above Environment & Sustainability Reserve Damage As Above Low Moderate 6 Administrative New Local Law Negligible Low 2 As Above Probity/political Council Reputation As Above Moderate Major 12 Administrative New Local Law Low Low 4 As Above Info Systems/ Bus. Interruption Equipment integrity As Above Low Low 4 Administrative New Local Law Negligible Low 2 As Above Local economy and Growth Major incident As Above Moderate Moderate 6 Administrative New Local Law Low Low 4 As Above Community and Lifestyle access to or use of services reduced following incident As Above Low Low 4 Administrative New Local Law Negligible Low 2 As Above Service Quality Failure to provide safe service As Above Moderate Major 12 Administrative New Local Law Low Low 4 As Above Community Confidence Individual / community perception of safety As Above Moderate Moderate 9 Administrative New Local Law Low Low 4 As Above
77. Parking on a Reserve – Risk Assessment Hazard Risks Existing Risk Controls Risk Rating Likely Impact Risk Rating Assessment of Controls Additional Risk Treatment or action Plan Risk Rating Likely Impact Revised Risk Rating Responsible to Monitor / Supervise Revenue, Cost or Liability Risk of liability Prohibited on reserves by current Local Law with high fine; on nature strips by State law. Moderate Major 12 Administrative New Local Law with lower fine Low Low 4 Local Laws Parking and Land Asset Managers People Public health and amenity As Above Moderate Major 12 Administrative New Local Law with lower fine Low Moderate 6 Local Laws Parking and Land Asset Managers Environment & Sustainability Reserve surfaces As Above Low Negligible 2 Administrative New Local Law with lower fine Negligible Negligible 1 Local Laws Parking and Land Asset Managers Probity/political Council Reputation As Above Moderate Moderate 9 Administrative New Local Law with lower fine Low Low 4 Local Laws Parking and Land Asset Managers Info Systems/ Bus. Interruption Service integrity As Above Low Low 4 Administrative New Local Law with lower fine Negligible Low 2 Local Laws Parking and Land Asset Managers Local economy and Growth Sporting event patronage As Above Negligible Negligible 1 Administrative New Local Law with lower fine Negligible Negligible 1 Local Laws Parking and Land Asset Managers Community and Lifestyle access to or use of facilities reduced following incident As Above Moderate Low 6 Administrative New Local Law with lower fine Negligible Low 2 Local Laws Parking and Land Asset Managers Service Quality Failure to provide safe service As Above Moderate Major 12 Administrative New Local Law with lower fine Low Moderate 6 Local Laws Parking and Land Asset Managers Community Confidence Individual / community perception of safety As Above Moderate Moderate 9 Administrative New Local Law with lower fine Low Low 4 Local Laws Parking and Land Asset Managers
84. Notification of Prohibition from Entry – Risk Assessment Hazard Risks Existing Risk Controls Risk Rating Likely Impact Risk Rating Assessment of Controls Additional Risk Treatment or action Plan Risk Rating Likely Impact Revised Risk Rating Responsible to Monitor / Supervise Revenue, Cost or Liability Risk of liability and fines Current Council controls lack legal standing. Use of management oversight, police, trespass laws. Moderate Moderate 9 Administrative New Local Law Low Low 4 Service Managers Building Asset Managers People Health of public and staff – breach of OH&S duties OH&S laws. Use of management oversight, police, trespass laws. Moderate Major 12 Administrative New Local Law Low Moderate 6 Service Managers Building Asset Managers Environment & Sustainability Buildings, contents and surrounds Use of management oversight, police, trespass laws. Low Negligible 2 Administrative New Local Law Negligible Negligible 1 Service Managers Building Asset Managers Probity/political Council Reputation Use of management oversight Moderate Major 12 Administrative New Local Law Low Moderate 6 Service Managers Building Asset Managers Info Systems/ Bus. Interruption Equipment integrity Management oversight, police, trespass. Low Low 4 Administrative New Local Law Negligible Low 2 Service Managers Building Asset Managers Local economy and Growth Viability of Rec Centres Use of management oversight Moderate Low 6 Administrative New Local Law Low Low 4 Service Managers Building Asset Managers Community and Lifestyle access to or use of facilities reduced following incident Management oversight, police, trespass. Low Low 4 Administrative New Local Law Negligible Low 2 Service Managers Building Asset Managers Service Quality Failure to provide safe service Management oversight, police, trespass. Moderate Major 12 Administrative New Local Law Low Moderate 6 Service Managers Building Asset Managers Community Confidence Individual / community perception of safety Management oversight, police, trespass. Moderate Moderate 9 Administrative New Local Law Low Low 4 Service Managers Building Asset Managers
Appendice: City of Greater Geelong - Risk Assessment Matrix The following City of Greater Geelong risk assessment matrix forms the basis for the risk assessments in Part C of this Local Law Community Impact Statement. Consequence Table – Corporate Context Risk Rating Revenue, Cost or Liability People Environment & Sustainability Probity/political Info Systems/ Business Interruption Local economy and Growth Community and Lifestyle Service Quality Community Confidence 5: Catastrophic Cost to Council of $5M upwards Curbing of programs required due to significant shortfall in revenue or blowout in expenditure. Liquidation/receivership due to insolvency Multiple or single Death(s) – public or staff Loss of a significant number of employees Major release of toxic waste resulting in long term damage to the environment Major widespread loss of environmental amenity and progressive irrecoverable environmental damage Public/media outrage Public pressure to curtail operations of Council Collapse of major system leading to unrecoverable loss of core data. Service removed Regional decline leading to widespread business failure, loss of employment and hardship The region would be seen as very unattractive, moribund and unable to support its community Services would fall well below acceptable standards and this would be clear to all There would be widespread concern about our capacity to serve the community 4: Major Cost to Council of $2.5M to $5M Council officer or Councillor gaoled Loss of key member of management team. Serious health impact on multiple members of public or staff. Major release of toxins/water resulting in high compensation or reconstruction costs EPA/NPWs likely to make legal prosecution Severe loss of Environmental amenity and a danger of continuing environmental damage Public/media concern Damage to Council’s reputation Council subject to formal inquiry/sanctioned Serious disruption to system leads to more than 3 days downtime (loss of key data and customer support) Service or provider needs to be replaced Regional stagnation such that businesses are unable to thrive and employment does not keep pace with population growth Severe and widespread decline in services and quality of life within the community The general public would regard the services as There would be serious expressions of concern about our capacity to serve the community …… Continued Next Page Risk Rating Revenue, Cost or Liability People Environment & Sustainability Probity/political Info Systems/ Business Interruption Local economy and Growth Community and Lifestyle Service Quality Community Confidence
3: Moderate Cost to Council of $200K to $2.5M Fines to council personnel Serious health impact on a member of the public. More than 10 days rehabilitation required for injured staff member. Significant release of pollutants Residual pollution requiring clean up work Isolated but significant instances of environmental damage that might be reversed with intensive efforts Public/media negative attention Local community concern Customer/supplier concern Temporary loss of key data. Impact on generation of management information. Temporary, recoverable service failure. Significant general reduction in economic performance relative to current forecasts General appreciable decline in services Services would be regarded as barely satisfactory by the general public and the personnel There would be isolated expressions of concern about our capacity to serve the community 2: Low Cost to Council of $50K to $200K Injury to staff member results in lost time. Required to inform EPA Contained temporary pollution Minor instances of environmental damage that could be reversed Inadequate probity being exercised No evidence of Corporate Governance Minor/isolated concerns raised by members of public, customers, suppliers. Disruption to system with some downtime. Insignificant impact on generation of information. Brief service interruption. Individually significant but isolated areas of reduction in economic performance relative to current forecasts Isolated but noticeable examples of decline in services Services would be regarded as satisfactory by the general public but personnel would be aware of deficiencies There would be some concern about our capacity to serve the community but it would not be considered serious 1: Negligible Cost to Council below $50K Minor First Aid required. Temporary, minor health impact on staff or public. Minor release of pollutants which does not require notification to third parties Brief, non-hazardous temporary pollution No environmental damage Marginal impact on Council operations Minimal to no effect on reputation Resolved in day to day management Minor disruption to system with no downtime. Negligible impact on service provision. Minor shortfall relative to current forecasts There would be minor areas in which the region was unable to maintain its current services Minor deficiencies in principle that would pass without comment There would be minor concerns but they would attract no attention City of Greater Geelong Risk Assessment Matrix - Continued Consequence Table – Corporate Context - Continued City of Greater Geelong Risk Assessment Matrix - Continued Likelihood Table – Corporate Context