Independent Council Assessment Panel Member

**CITY OF MARION
**COUNCIL ASSESSMENT PANEL
**TERMS OF REFERENCE
**(Adopted by Council on 22 August 2017)**

**PREAMBLE**

This document embodies the Constitution of the City of Marion Council Assessment Panel.

**1.** **ESTABLISHMENT**

1.1. Pursuant to Section 83 of the _Planning, Development and Infrastructure Act 2016 _
(“the Act”), the City of Marion (“the Council”) has established a Council Assessment
Panel (“CAP”) for the purpose of acting as the “_relevant authority_” in respect of all
matters prescribed to it under the Act and, during the transition to the Act, the
- Development Act 1993 _and by this Terms of Reference.

1.2. The City of Marion CAP was established by way of resolution of Council at its

meeting of 22 August 2017 (Ref No. GC220817R0X).

1.3. This Terms of Reference first came into operation on 22 August 2017.

1.4. The CAP is separate from and operates wholly independently of the Elected Body

of the Council.

**2.** **FUNCTIONS**

2.1. The functions of the CAP are:
2.1.1 to act as a delegate of the Council in accordance with the requirements of the
Development Act during transition from the Development Act to the Act;
2.1.2 thereafter, to act as a relevant authority under the Act;
2.1.3 to act in accordance with the requirements of this Terms of Reference.

2.2 The CAP may provide advice and reports to the Council as it thinks fit on trends,
issues and other matters relating to planning or development that have become
2.3 The CAP may cause an Annual Performance Review (APR) to be undertaken of the

CAP, examining the composition of the CAP from a 'needs' perspective, the
contribution, behaviour and conduct of CAP Members, the function and procedures
of the CAP, and other relevant matters. The outcome of any APR undertaken by the
CAP shall be reported to Council within one month of being completed.

**3.** **MEMBERSHIP & RE-APPOINTMENT**

3.1. The CAP shall comprise five Members appointed by the Council as follows:
3.1.1 up to one person who is an Elected Member of the Council (“Council
Representative”); and

3.1.2 the balance being persons selected from the community (“Independent

Representatives”), who satisfy the requirements of Section 83(1)(c) or Section
83(2)(b) of the Act, one of whom will be appointed by the Council as the
Presiding Member and another as a Deputy Presiding Member;
3.2. Independent Representatives appointed pursuant to Clause 3.1.2 of the Terms of

Reference are eligible for membership of the CAP only if:
3.2.1 they have demonstrated appropriate skills or knowledge of town planning and
CAP processes and have a reasonable knowledge of the operation and
requirements of the Act and, during the transition to the Act, the Development
Act, and appropriate qualifications or experience in a field that is relevant to the
activities of the CAP and/or demonstrated experience in local government; and

3.2.2 they meet any other reasonable criteria imposed by resolution of the Council.

3.3. A Council Representative is entitled to be re-appointed as a CAP Member for a

second successive term, by being expressly authorised by a resolution of the
Council.

3.4. An Independent Representative is entitled to be re-appointed as a CAP Member for

multiple successive terms by Council resolution.

3.5. The term of office for each CAP Member is as determined by the Council but in any

event shall not exceed 2 years.

3.6. A CAP Member whose term of office expires (as distinct from resignation or

removal from office) may nevertheless continue to act as a member of the CAP for
a period of up to 6 months until either he or she is reappointed or a successor is
appointed.

3.7. The Presiding Member of the CAP is appointed by the Council and will preside at all

CAP meetings.

3.8. The Presiding Member will be appointed by the Council taking into account the

following requirements:
3.8.1 he or she must not be a member or officer of the Council; and

3.8.2 he or she must be a person who is determined by Council to have a reasonable

knowledge of the operation and requirements of the Act and, during the
transition to the Act, the Development Act, and appropriate qualifications or
experience in a field that is relevant to the activities of the Panel.

3.9 In the event the Presiding Member is not present at any meeting, or part thereof,

the person to act as Acting Presiding Member will be chosen by those members
present at the meeting. In the absence of consensus, this will be decided by
majority vote.

**4.** **VACANCY OF OFFICE/RESIGNATION/REMOVAL AND REPLACEMENT OF A**
**MEMBER**

4.1. The office of a CAP Member becomes vacant if the member:
4.1.1 dies; or

4.1.2 completes a term of office and is not reappointed; or

4.1.3 resigns by written notice to the Assessment Manager; or

4.1.4 becomes bankrupt or applies to take the benefit of a law for the relief of

insolvent debtors; or

4.1.5 is convicted of an indictable offence punishable by imprisonment; or

4.1.6