Annual Report 08/09 The voice of local government Purpose Published by Municipal Association of Victoria Level 12, 60 Collins Street Melbourne VIC 3000 GPO Box 4326, Melbourne 3001 Telephone: 03 9667 5555 Facsimile: 03 9667 5550 Email: inquiries@mav.asn.au Website: www.mav.asn.au Editor Imogen Kelly Design Frank Design Pty Ltd Photography Portraits: Chris Kapa MAV Events: Steven Diffey Photography This report is produced on a combination of elemental chlorine-free papers, sourced from sustainably managed forests and 100% recycled paper, and printed using vegetable based inks by an environmentally responsible printer. This reflects the Municipal Association of Victoria’s commitment to environmental sustainability. To promote the efficient carrying out of municipal government throughout the state of Victoria and to watch over and protect the interests, rights and privileges of municipal corporations. CONTENTS Year In Review President’s Report 2 4 CEO’s Report 6 MAV Mangement Committee 8 MAV Governance 13 Finance & Economics 16 Governance & Councillor Development 18 Environment 20 Planning & Building 22 Human Services & Public Health 24 Transport & Infrastructure 26 Emergency Management 28 Workforce 30 Collaboration 31 Insurance 32 MAV Team 34 MAV Operations 36 MAV Representatives 38 Committees 39 CMP Members 41 Fidelity Members 42 Financial Overview 43 Guide to the Financial Report 44 Glossary 46 MAV Financials 47 MAV Insurance Financials 79 Build it and the jobs will come Voluntary basis for valuations prevails Years of research, system improvements and direct advocacy delivered more than $230 million for Victorian councils to upgrade and build new community infrastructure and create local jobs in the process. A proposal to centralise responsibility for valuations was substantially modified to be on a voluntary basis only. YEAR IN REVIEW Clawing back the council coffers Research identified potential savings of $350 million per annum from improvements in procurement operations and a special business unit was set up to claw back expenditure. Council costs compensated Shift off An attempt to shift responsibilities in Home and Community Care without due consideration of the impacts to service and funding levels was averted. Extended reimbursement arrangements were negotiated for bushfire affected councils to recoup an estimated $30 million. Not as easy as ABC On the fast track to reform Improved relations with the Federal Government helped secure $25 million to fast-track improvements to asset and financial management systems and support regional collaboration in the delivery of services. 2> MAV ANNUAL REPORT 2008/09 YEAR IN REVIEW The opportunity was seized following the collapse of ABC Learning to advocate for important structural reform of the childcare industry to achieve a shift in federal funding from privately-owned to publicly-owned services. Online bid successful The State Government responded to a budget bid with $10.4 million over four years to develop new online planning systems. Citizens take a stand A campaign encouraging people to stand for council attracted over 1000 people to public information sessions and delivered a 40 per cent reduction in the number of uncontested elections. Classroom antics In a first for local government, the sector was represented in negotiations for a new kindergarten agreement that will deliver significant productivity improvements for councils and considerable benefits for teachers. Punch-on ensues over planning powers A stinging attack was launched on State Government attempts to strip councils of their planning powers and legislation to diminish local input was defeated. Supporting breaches A formal mechanism was established under legislation to support councils in dealing with breaches of councillor conduct. YEAR IN REVIEW >3 PRESIDENT’S REPORT “...I am confident that we make a real difference on the issues that matter the most to our communities...” This past year has marked a considerable period of change for local government. The elections in November 2008 brought about a changing of the guard that arguably ended the era that followed amalgamations. More than a quarter of councillors across the State did not contest the elections, making way for a substantial number of new councillors. The significance of this occasion was observed by awarding councillors for their long service to Victorian communities. This was a poignant celebration on the eve of the elections that paid due recognition to those individuals that have made sizeable personal sacrifices for the betterment of the communities they served. The MAV took advantage of the alignment of elections and made a concerted state-wide effort to encourage new candidates to consider standing for council. Councils embraced the Stand for Council campaign and over 1000 people attended public information sessions, resulting in a significant reduction in the number of vacancies going uncontested. Over half of the councillors elected this year were new. The challenge for the MAV was to support this unprecedented number of new councillors to quickly adjust to the rigours of their new role and assist newly formed councils to establish productive relationships with each other and their management teams. There has been a record take-up of professional development opportunities by councillors, which bodes well for our 4> MAV ANNUAL REPORT 2008/09 PRESIDENT’S REPORT capacity as a group to provide effective governance for local communities moving forward. The bar has been lifted for local government and we now have some of the most stringent standards imposed on any level of government in Australia. Never, it seems, has local government come under such scrutiny. The MAV is doing what it can to help councils understand and manage the implications of the new requirements. While it has been a challenge for all of us I firmly believe it is not a bad thing that we ensure our practices and processes are strong enough to withstand the increased scrutiny that comes with rising community expectations for robust and transparent decision making. Some minor adjustments seem justifiable but we should not be seeking wholesale changes to the legislative provisions that govern our sector. Instead we should be proud that we are at the leading edge of governance reforms for all levels of government in Australia. On a personal note I am sorry to lose the financial membership of the City of Melbourne from next year and disappointed that we weren’t able to engage with them in a meaningful way in the lead up to their decision. The influence afforded by having full membership of all 79 councils in Victoria cannot be underestimated and I am keen to reengage our capital city whenever they are ready. At the Board level, the elections also marked the end of an era. I want to pay my respects and thanks to those long standing Board representatives that either retired or lost office at the elections. Collectively they made a sizeable contribution not only to the Association but more broadly to the position that our sector occupies in the Australian political landscape of today. In particular, I wish to acknowledge the efforts of Jenny Dale and Darryl Argall who both served as Deputy President for a period and, for Jenny, a time as Acting President of the MAV. In closing, I congratulate my colleagues We’ve got a good group of new councillors on the Management Committee for their with a lot of new energy, and I am election to represent their regions and confident that we can make a real look forward to continuing the productive difference on the issues that matter the relationship we have quickly established. most to our communities including And finally I wish to thank the Chief improving our current economic situation; Executive Officer, Rob Spence and the helping communities to recover and learn staff of the MAV for supporting me in my from this year’s bushfires; ensuring robust first few months as President. intergovernmental arrangements for the CR BILL MCARTHUR most effective and efficient delivery of PRESIDENT services; and responding to the longer term challenges associated with climate change. MAV ANNUAL REPORT 2008/09 PRESIDENT’S REPORT >5 CEO’S REPORT “Our level of engagement with the Victorian Government is at an all time high with our opinion being sought on major policy initiatives...” Following a period of rapid growth we’ve put an organisational structure in place that is working to streamline our core activities of policy development and advice, advocating local government interests, building the capacity of councils, supporting councillors, providing networking and development opportunities and promoting the role of local government. A specialist staff of 46 is organised in three operational divisions focusing on achieving gains for Victoria’s councils through effective governance, policy development and collaboration. Our level of engagement with the Victorian Government is at an all time high with our opinion being sought on major policy initiatives in transport, infrastructure, children’s services and climate change this year. We are engaging better at the federal level also. We’ve finally seen the results of years of research and advocacy for federal funding support in the form of community infrastructure grants, and we got good traction in the wake of the ABC Learning collapse and in response to a proposed shift in responsibilities for aged care services. Moving forward we have undertaken to provide assistance to the Australian Local Government Association on the Council of Australian Governments, bringing us more and more into the federal sphere. In the past year the organisation has taken another step and reached a new level of 6> MAV ANNUAL REPORT 2008/09 CEO’S REPORT maturity. With that has come increasing expectations from our members to do more. Perhaps the best demonstration of this is the 88 motions we received for consideration by State Council in May 2009. This compares with the three motions received in my first year as Chief Executive Officer of the MAV in 1998. Aligning the strategic plan and resolutions of State Council is an increasingly difficult task given the spectrum of matters now raised at State Council and the available resources of the Association. Nevertheless it’s an area we’ve made some progress in this year. There has always been an inherent tension in our corporate planning processes to ensure that we deliver the expectations of our members while remaining flexible enough to respond to emerging issues. This is demonstrated by our response to the catastrophic bushfires that are now recognised as Australia’s worst natural disaster in recorded history. Supporting affected councils has consumed a lot of our resources in supporting councils to deal with the aftermath of the fires and coordinating local government’s response to the Royal Commission that will continue to run for some time yet. Our operating model is to get the job done and, within reason, not be constrained by finances. We have more depth now than we’ve had since amalgamations devastated our staffing profile but we’re straining to do some things because we lack resources. The strain has been so great this year that it’s pushed us into deficit but we’ve got good capital backing and I am confident that we will recover our position, if not next year, the year after. The issues this year have tested the limits of our staff, and again they have proven their calibre representing local government at the highest levels of the State and Federal Governments. I commend their achievements under the considerable work load pressures of this year. I would also like to record my appreciation for the dedication and guidance of our former President, Dick Gross who lost office at the elections and many of our long standing Board members who did not contest the elections, some of whom served the Association since the amalgamations and have played no small part in steering the organisation through this difficult time. A new Management Committee is now in place and applying dedication and commitment to the activities of the Association. I extend my thanks to the President, Cr Bill McArthur and the Management Committee for their leadership and encouragement for the organisation in developing our plans for the year ahead. ROB SPENCE CHIEF EXECUTIVE OFFICER MAV ANNUAL REPORT 2008/09 CEO’S REPORT >7 MAV MANAGMENT COMMITTEE LEFT TO RIGHT: CR SAM ALESSI Whittlesea City Council DEPUTY PRESIDENT (METROPOLITAN) CR BILL MCARTHUR Golden Plains Shire Council PRESIDENT CR JANE ROWE East Gippsland Shire Council DEPUTY PRESIDENT (RURAL) 8> MAV ANNUAL REPORT 2008/09 MAV MANAGEMENT COMMITTEE CR CR CR CR CR JOHN SIPEK Moonee Valley City Council LISA MAHOOD Wodonga City Council JOHN CHANDLER Stonnington City Council ENVER ERDOGAN Moreland City Council REID MATHER Buloke Shire Council CR CR CR CR CR JAN FARRELL Greater Geelong City Council ROD FYFFE Greater Bendigo City Counci GEOFF LAKE Monash City Council KEN GALE Moyne Shire Council GEOFF GOUGH Manningham City Council MAV ANNUAL REPORT 2008/09 MAV MANAGEMENT COMMITTEE >9 MAV Management Committee South east South West East CR BILL MCARTHUR CR JOHN CHANDLER CR KEN GALE Golden Plains Shire Council Stonnington City Council PRESIDENT Member, MAV Audit Committee Member, MAV Insurance Committee Member, Australian Local Government Association Board Member, Australian Council of Local Government Steering Committee Councillor 1991 – 1994 (Grenville), 1996 – present (Golden Plains) Mayor 2004, 2005 Victorian Councillor Service Award – 15 Years SOUTH EAST REPRESENTATIVE Deputy Chair, Planning Advisory Group Councillor 1996 – present, 1982 – 1994 (Prahran) Mayor 1988 (Prahran) 1996, 2006 Member, Australian Building Codes Board Victorian Councillor Service Award – Mayor Emeritus and 20 Years Moyne Shire Council RURAL SOUTH WEST REPRESENTATIVE Central South east Interface East Southern Central Chair, Human Services Advisory Group Member, Rates Affordability Working Group Councillor 2004 – present Mayor 2008, 2009 Member, Rural Councils Victoria Member, Timber Towns Victoria South eastWest Interface East CR SAM ALESSI CR ENVER ERDOGAN CR GEOFF GOUGH Whittlesea City Council DEPUTY PRESIDENT (METROPOLITAN) INTERFACE REPRESENTATIVE Moreland City Council Manningham City Council METROPOLITAN EAST REPRESENTATIVE METROPOLITAN CENTRAL REPRESENTATIVE Councillor 2008 – present Member, Australian Local Government Association Board SouthCouncillor 1997 – present Westeast East Gipps Central Mayor 1998, 2001, 2005 Chair, Yarra Plenty Regional Library Services Board Member, Interface Councils Group Member, Metropolitan Waste Management Group Forum Victorian Councillor Service Award – Mayor Emeritus Victorian Multicultural Commission Awards For Excellence Award for Meritorious Service to the Community SouthWest GippsGipps East Gippsland Shire Council DEPUTY PRESIDENT (RURAL) RURAL GIPPSLAND REPRESENTATIVE Co-chair, Environment Advisory Group Member, MAV Audit Committee Councillor 2003 – present Mayor 2004, 2005 Deputy Mayor 2003, 2007 Victorian Local Sustainability Advisory Committee Co-chair, Transport and Infrastructure Advisory Group Councillor 1997 – present Mayor 2002, 2007 North central Southern Interface CR JAN FARRELL CR GEOFF LAKE Greater Geelong City Council RURAL SOUTH CENTRAL REPRESENTATIVE Monash City Council METROPOLITAN SOUTH REPRESENTATIVE Member, MAV Audit Committee Chair, Planning Advisory Group Councillor 2004 – present Member, Responsible Gambling Ministerial Advisory Committee – Industry Best Practice Working Group Councillor 2000 – present Mayor 2002, 2003 President, Australian Local Government Association Member, Metropolitan Fire and Emergency Services Board Member, Australian Council of Local Government Steering Committee Southcentralcentral South Gipps CR JANE ROWE South central South NorthNorth central centralcentral CR ROD FYFFE North North east east North central CR LISA MAHOOD Greater Bendigo City Council RURAL NORTH CENTRAL REPRESENTATIVE Wodonga City Council RURAL NORTH EAST REPRESENTATIVE Member, MAV Insurance Committee Deputy Chair, Professional Development Reference Group Councillor 1996 – present Mayor 2004, 2005 Member, Ministerial Advisory Council on Libraries Member, State Library Public Libraries Advisory Committee Member, National Packaging Covenant Council Victorian Councillor Service Award – 20 Years Co-chair, Transport and Infrastructure Advisory Group Councillor 2000 – present Mayor 2002, 2003, 2004, 2005, 2006 Deputy Mayor 2001 Victorian Councillor Service Award – Mayor Emeritus 10> MAV ANNUAL REPORT 2008/09 MAV MANAGEMENT COMMITTEE Central Southern North east North west Metropolitan South East, Cr John Sipek from Moonee Valley City Council to Metropolitan West, Cr Rod Fyffe from Greater Bendigo City Council to Rural North Central, Cr Jan Farrell from Greater Geelong City Council to Rural South Central and Cr Reid Mather from Buloke Shire Council to Rural North West. Elections for the MAV President and Regional Representatives were postponed from March 2009 to April 2009 to allow candidates from councils affected by the February bushfires to participate. CR REID MATHER Buloke Shire Council RURAL NORTH WEST REPRESENTATIVE Co-chair, Environment Advisory Committee Councillor 2003 – present Mayor 2005, 2006, 2007, 2008, 2009 Member, Minister for Agriculture’s Drought Reference Group Member, North Western Municipalities Association Member, Alliance of Councils for Rail Freight Development Victorian Councillor Service Award – Mayor Emeritus West Southern CR JOHN SIPEK Moonee Valley City Council METROPOLITAN WEST REPRESENTATIVE Chair, Professional Development Reference Group Councillor 2005 – present Deputy Mayor 2009 Member, Metropolitan Waste Management Group Board Eight candidates nominated for the position of President. Cr Bill McArthur from Golden Plains Shire Council was elected President. Review of MAV Regions Following representations by the Murray Group of Councils, comprising Gannawarra Shire Council, Campaspe Shire Council, Moira Shire Council, Swan Hill Rural City Council, Mildura Rural City Council and Loddon Shire Council, the MAV Board resolved to consult member councils on a proposal to amend the existing board regions to establish the Murray Group without increasing the number of rural regions. Consultation did not identify a clear preference for any particular option. At the request of the Murray Group of Councils a vote by State Council was delayed until the October 2009 meeting to allow for further consideration and consultation. Five candidates for Regional Representative were elected unopposed – Cr Geoff Gough from Manningham City Council for Metropolitan East, Cr Geoff Lake from Monash City Council for Metropolitan Southern, Cr Sam Alessi from Whittlesea City Council for Interface, Cr Jane Rowe from East Gippsland Shire Council for Gippsland and Cr Ken Gale from Moyne Shire Council for Rural South West. A further 19 candidates nominated for Regional Representative positions. Cr Enver Erdogan from Moreland City Council was elected to represent Metropolitan Central, Cr John Chandler from Stonnington City Council to Board meeting attendance Changes in representation in 2008/09 JUL Sam Alessi Cr Mark Conroy resigned his position on the MAV Board in September 2008, and Cr Geoff Lake from Monash City Council was elected unopposed to fill the vacancy for the Metropolitan Southern Region. Darryl Argall Cr Darryl Argall (Deputy President Rural and Rural North West), Cr Jenny Dale (Rural North East), Cr Brenda Hampson (Rural South West), Cr Chris Papas (Metropolitan West) and Cr Luke Tobin (Metropolitan South East) did not contest the local government elections in November 2008, while Cr Dick Gross (President) and Cr Joe Caputo (Metropolitan Central) lost office. Jenny Dale An Interim Management Board was formed comprising Cr Sam Alessi (Deputy President Metropolitan and Interface) as Interim President, Cr Rod Fyffe (Rural North Central), Cr Geoff Gough (Metropolitan East), Cr Geoff Lake (Metropolitan Southern), Cr Bill McArthur (Rural South Central) and Cr Jane Rowe (Gippsland). Geoff Lake Joe Caputo AUG SEP OCT NOV Enver Erdogan Jan Farrell Rod Fyffe Ken Gale Geoff Gough Dick Gross Brenda Hampson Bill McArthur Lisa Mahood Reid Mather Chris Papas Jane Rowe John Sipek Luke Tobin FEB MAR APR X MAY JUN X X John Chandler Mark Conroy DEC X X X X X X X X X X X X X X X X MAV ANNUAL REPORT 2008/09 MAV MANAGEMENT COMMITTEE >11 Allowances and Expenses The Board Allowance and Expense Policy makes provision for Board members to receive an annual allowance paid quarterly in advance, and to claim out-of-pocket expenses for travel, parking, accommodation and meals when undertaking duties as a Board member. Board allowance amounts are adjusted by the consumer price index each July. In 2008/09 the annual allowance amounts were as follows: > President $54,024.42 > Deputy President $11,135.98 members, to their council for travel where they have utilised a council fleet vehicle, or directly to the hotel for some accommodation expenses. It should be noted that some Board members may lodge claims after 30 June 2009 for expenses incurred in the 2008/09 year, details of which will be reflected in the 2009/10 Annual Report. President Cr Dick Gross, Interim President Cr Sam Alessi and President Cr Bill McArthur were provided with full private use of a motor vehicle at a cost of $2,698.83, $1,332.89 and $2,716.73 respectively. > Board/Management Committee member $7,582.44 ANNUAL ALLOWANCE Cr Sam Alessi TRAVEL AND ACCOMMODATION TOTAL 25,725.51 1,911.76 27,637.27 Cr Darryl Argall 4,640.00 19,342.91 23,982.91 Cr Joe Caputo 3,159.10 - 3,159.10 Cr John Chandler 1,832.30 115.00 1,947.30 Cr Mark Conroy 1,895.50 - 1,895.50 Cr Jenny Dale 3,159.10 777.75 3,936.85 Cr Enver Erdogan 1,832.30 - 1,832.30 Cr Jan Farrell 1,832.30 634.20 2,466.50 Cr Rod Fyffe 7,589.42 5,842.20 13,431.62 Cr Ken Gale 1,832.30 1,183.84 3,016.14 Cr Geoff Gough Cr Dick Gross Cr Brenda Hampson Cr Geoff Lake 5,757.12 101.20 5,858.32 22,510.00 1,814.08 24,324.08 3,159.10 2,331.00 5,490.10 5,862.40 417.19 6,279.59 Cr Bill McArthur 18,812.92 3,902.16 22,715.08 Cr Lisa Mahood 1,832.30 318.18 2,150.48 Cr Reid Mather 1,832.30 741.38 2,573.68 Cr Chris Papas 3,159.10 - 3,159.10 Cr Jane Rowe 8,398.96 6,080.64 14,479.60 Cr John Sipek 1,832.30 210.71 2,043.01 Cr Luke Tobin 3,159.10 101.80 3,260.90 The above amounts do not correlate to the allowance and expense payments figures in the financial statements as they include some payments made to Board members for expenses incurred in 2007/08 and claimed in 2008/09. Some expenses are also charged to other areas in the MAV accounts. Payments for expenses were made direct to Board 12> MAV ANNUAL REPORT 2008/09 MAV GOVERNANCE MAV Governanace Municipal Association Act 1907 The Municipal Association Act 1907 defines the purpose of the MAV to promote the efficient carrying out of municipal government throughout the state of Victoria and watch over and protect the interests, rights and privileges of municipal corporations. It establishes the MAV as a corporation with perpetual succession and requires it to provide a mutual liability insurance scheme for local government and empowers it to provide fidelity insurance. MAV Rules The Act requires the MAV to set Rules for > the management of the Association > the regulation of proceedings > fixing the annual subscription paid by each municipality > fixing of contributions to the Municipal Officers’ Fidelity Guarantee Fund > other matters affecting the management of the Association. The Rules require MAV Representatives and Board members to be councillors. The simultaneous local government elections resulted in all existing councillors going out of office at 6 am on 29 November 2008. As a consequence there were no MAV Representatives and no Board members from 6 am 29 November 2008 until such time as the MAV Representatives were appointed by member councils and the President and Regional Representatives were elected. The Rules were changed to provide for an Interim Board, to be formed after the elections and to fix the date for the election of the MAV President and Regional Representatives. Following a delay in the election for MAV President and Regional Representatives, further changes were proposed to the MAV Rules to move the first fixed date for elections; provide for the MAV to delay the elections in the event of exceptional circumstances; introduce preferential voting for the election of Regional Representatives as is already the practice for President; update the pecuniary interest disclosure requirements of Board members to reflect contemporary practices in councils; and make some minor editorial changes that do not alter the tenor of the rules. These changes received the support of the State Council in May 2009 but at 30 June 2009 were still awaiting the consent of the Governor-in-Council. Until such time as the Governor-in-Council consents to changing the MAV Rules the President and Regional Representatives elected in April 2009 will be collectively known as the MAV Management Committee. State Council The Act provides that each member council may appoint a councillor as its representative, and these representatives constitute the Association. The representatives come together twice annually to form State Council which sets the policy direction of the Association and monitors its performance. The State Council Annual General Meeting was held in October 2008 and received a report from the President on the activities and financial affairs of the Association and voted on 60 motions from member councils. In May 2009 the State Council met and approved the Strategic Work Plan for the MAV for 2009/10 and considered a further 86 motions from member councils. For a list of council representatives at 30 June 2009 see page 38. Board of Management Twelve Board members are elected to the Board of Management for a two-year term. Each Board member is elected to represent a geographic grouping of councils. The representatives in that grouping elect the regional Board member. The thirteenth member of the Board is the President who is popularly elected by the representatives of each member council. The Rules prescribe the functions of the Board which include ensuring the directions set by State Council are met, setting the budget and overseeing the manner by which the MAV engages with its membership. 2009/10 Strategic Work Plan A series of consultation sessions were scheduled in February 2009 across various metropolitan and regional locations to commence the MAV’s strategic planning process. The sessions were cancelled when widespread and devastating bushfires occurred on the weekend before the first session was planned. A written draft of the strategic plan was prepared and circulated for the feedback of councils in the first week of April. The draft identified five themes and proposed priority actions in each functional area for 2009/10. The themes are climate change; the global financial crisis; the unprecedented number of new councillors in Victoria; the shift to a more direct relationship with the Federal Government, and; recovery from the February bushfires. The draft also proposed criteria for the Management Committee to prioritise emerging issues within the work plan. The Board considered the feedback received and amended the plan accordingly. The plan was then approved by the State Council in May 2009. The Management Committee is responsible for overseeing delivery of the actions identified in that plan, and for determining, when required, how those actions will be implemented. The MAV Annual Report for 2009/10 will provide a summary of achievements against the objectives and actions in that plan. Advisory Groups Following the elections in April 2009 the advisory structures to the Management Committee were reviewed. The Management Committee established the Human Services Advisory Group, the Transport and Infrastructure Advisory Group the Planning Advisory Group and the Environment Advisory Group and called for an expression of interest from councillors and officers. The groups have been established for a period of 12 months and in that time each group is charged with establishing an information forum. The activities of the former Water Taskforce, Waste Reference Group and Drought Taskforce have been incorporated into the responsibilities of the Environment Advisory Group and matters formerly considered by the Economic and Finance Advisory Committee will be dealt with directly by the Management Committee. A member of the Management Committee is appointed to chair each of these groups and provide a conduit for feedback between the group and the Management Committee. Groups established are: > Human Services Advisory Group – Chair, Cr Ken Gale > Transport and Infrastructure Advisory Group – Co-chairs, Cr Geoff Gough and Cr Lisa Mahood > Planning Advisory Group – Chair, Cr Jan Farrell > Environment Advisory Group – Co-chairs, Cr Reid Mather and Cr Jane Rowe For further detail on the role of each advisory group, see page 39. MAV ANNUAL REPORT 2008/09 MAV GOVERNANCE >13 Deed of Establishment The Deed of Establishment sets out how the insurance scheme is to operate as a mutual liability fund. It includes rules as to eligibility and obligations of the participants. It requires the formation of a JOHN WARBURTON management committee, and formalises APPOINTED 1995 authorities, duties and powers of Chair, MAV Insurance Committee 2005 – present delegation by the committee and provides Director, Lend Lease Real Estate Investments Limited guidance as to the day-to-day operation Director, Health Super Financial Services Director, Emergency Services Foundation of the insurance business. Insurance Committee The Board of Management has delegated authority and responsibility for the operation of the MAV Insurance business (Civic Mutual Plus and the Municipal Officers’ Fidelity Guarantee Fund) to the MAV Insurance Committee (MAVIC). MAVIC has oversight of the operation of the insurance schemes and monitors the MAV’s compliance with its Australian Financial Services Licence (AFSL). It comprises nine members – four independent insurance experts, one council CEO, one MAV Board member, one representative of the Local Government Association of Tasmania, and the President and CEO of the MAV. APPOINTED 2003 Chief Executive Officer, Local Government Association of Tasmania (LGAT) LGAT representative Quadrant Superannuation Chairman, Vision Super Audit Committee Chairman, Metlink Audit Committee Chairman, Australian Wealth Management Limited 2005 – 2009 Trustee, Melbourne Exhibition and Convention Centre Trust 1999 – 2009 Director, Living and Leisure Australia Limited 2006 – 2009 Chairman, Port of Hastings Corporation 1997 – 2007 Director, Vision Super (formerly Local Authorities Super) 1997 – 2007 Deputy Chair, Victorian Managed Insurance Authority 1996 – 2000 RON FARRELL DR MICHAEL KENNEDY APPOINTED 2001 APPOINTED 1995 Chair, Claims and Technical Committee Non-Executive Director, Victorian Managed Insurance Authority General Manager, Australian Eagle Insurance Co Ltd Chairman and Non Executive Director, Utilities Insurance Co Pty Ltd Non Executive Director, connect.com.au Pty Ltd Non Executive Director, Metropolitan Fire and Emergency Services Board Member, Professional Standards Councils (All States and Territories) Chief Executive Officer, Mornington Peninsula Shire Council Chairman, Inner East Community Health Director, LifeSaving Victoria Chairman, Frankston Mornington Peninsula Local Learning and Employment Network Chief Executive Officer, Boroondara City Council 1995 – 1999 Chief Executive Officer, Shire of Hastings 1993 – 1994 CR ROD FYFFE APPOINTED 2004 MAV Regional Representative for Rural North Central Councillor, Greater Bendigo City Council Mayor 2003, 2004, 2005 14> MAV ANNUAL REPORT 2008/09 MAV GOVERNANCE ALLAN GARCIA CR BILL MCARTHUR APPOINTED 2009 MAV President Councillor, Golden Plains Shire Council Mayor 2004, 2005 Member, Australian Local Government Association Board Member, MAV Audit Committee Member, Australian Council of Local Government Steering Committee Insurance Committee Attendance AUG John Warburton Ron Farrell Cr Rod Fyffe ANNE MURPHY OAM APPOINTED 1993 Chair, MAV Insurance Committee 1993 – 2005 Past President, MAV Principal, Anne Murphy Strategy and Facilitation Board member, KYM Employment Services Inc Allan Garcia Cr Dick Gross Dr Michael Kennedy Cr Bill McArthur Anne Murphy Adrian Nye Rob Spence SEP OCT X X X X X DEC X X Company Director and Management Consultant Chairman, Victorian Managed Insurance Authority President, Metropolitan Fire and Emergency Services Board Acting Chair, Adult, Community and Further Education Board Associate, HLB Mann Judd Member, Broadmeadows Schools Regeneration Project Board Fellow, CPA Australia Member, Institute of Company Directors ROB SPENCE APPOINTED 1997 Chief Executive Officer, MAV Trustee, Vision Super Member, Victorian Children’s Council Member, Victorian Freight and Logistics Council JUN In addition, an allowance of $1100 was paid to the independent committee members for attendance at other insurance-related meetings. of the internal and the external auditors, in 2008/09 the MAV Audit Committee received reports on the establishment of MAV Procurement; tenders for legal services and actuarial services; internal audits of payroll processes and grants allocation processes; conferences and new event registration software; the impacts of climate change and the global financial crisis on MAV Insurance; the Victorian bushfires; and, the MAV Local Government Bushfire Recovery Fund. Audit Committee Compliance The Audit Committee is an independent committee established at the direction of the MAV Board of Management in 2004. The Committee comprises three independent members: Hugh Parkes FCA CISA (Chair), Dean Newlan CPA and Elizabeth Reeves CPA; two Management Committee members, Cr Jan Farrell and Cr Jane Rowe; and the MAV President, Cr Bill McArthur. In addition to the requirements of the Municipal Association Act 1907 and MAV Rules, the MAV must comply with relevant regulations and obligations applicable to statutory and public bodies. The MAV is also required to comply with the provisions of its Australian Financial Services Licence (AFSL). The MAV has established a significant compliance and governance structure to ensure it meets its obligations under the AFSL. This structure includes a compliance and risk management strategy; compliance and risk management plan; compliance and risk analysis table; and disaster recovery and business continuity plan. An electronic risk management and compliance system operates within MAV Insurance to ensure compliance with its AFSL obligations. Compliance with this system is audited by the MAV’s independent internal auditor and findings are reported to both the MAV Insurance Committee and the MAV Board of Management. > Independent Committee members: $570 APPOINTED 2004 APR X X X X Insurance Committee Sitting Fees The MAV makes provision for independent committee members to receive a sitting fee for each meeting attended. In 2008/09 the sitting fee was: > Chair: $825 ADRIAN NYE FEB The primary objective of the Committee is to assist MAV management in maintaining good governance, compliant financial reporting, management of risk, maintaining a reliable system of internal controls and monitoring organisational performance. The Committee meets quarterly and additional meetings are convened as required. The Audit Committee met on five occasions during 2008/09. Minutes of all Audit Committee meetings are provided to the MAV Management Board. In addition to monitoring the financial and risk management performance of the MAV and reviewing the annual work program MAV ANNUAL REPORT 2008/09 MAV GOVERNANCE >15 Finance and Economics National Taxation Review The MAV provided a comprehensive submission to the Henry Tax Review, which called for additional guaranteed funding for local government. The Review represents one of the best opportunities for local government to achieve a better distribution of taxation between the three spheres of government. The MAV’s submission examined the underlying financial strength of Victoria’s councils and assessed possible sources of revenue to improve their performance, including rates; fees, fines and charges; and potentially new local taxes. It concluded that there were no alternative revenue sources available to small rural councils which face the greatest financial stress. The submission advocated for a greater level of intergovernmental financial transfers to councils, targeted at those with the most acute challenges. The MAV also supported the Australian Local Government Association in preparing its submission and presenting to the Review. The Review will continue through 2009 before reporting on its findings in 2010. Constitutional Recognition The MAV took a ‘train the trainer’ approach to assisting councils to participate in the Australian Local Government Association’s (ALGA) consultation process on constitutional recognition issues. All councils were invited to nominate a representative to facilitate a discussion at the council level and respond to a survey by the ALGA. A training session was attended by 12 councils represented by a mix of 16> MAV ANNUAL REPORT 2008/09 FINANCE & ECONOMICS councillors and officers. Participants received presentations on the legal process for achieving constitutional recognition and the political realities of achieving financial sustainability through constitutional recognition before sharing how they would approach the topic within council and work-shopping a framework of questions to be answered as guided by an online survey tool. Victorian councils indicated a desire for the process of achieving constitutional recognition to deliver financial recognition over and above institutional recognition or symbolic recognition. This view was put forward by MAV representatives attending an experts’ forum to develop the business papers for a national summit. It was a view that was eventually supported at the summit where it was determined that direct funding from the Federal Government for local government should be one of three principles sought in achieving constitutional recognition. Valuations Review The Valuer General Victoria’s review of valuations proposed to centralise responsibility for revaluations. The MAV successfully advocated for changes to the proposal to reflect the diverse views of councils. The successful outcome included an agreement to provide a voluntary model in which councils could continue to undertake revaluations or hand over responsibility to the State Government. The MAV consulted members at length about the proposal and took a position that balanced very strong opposition to relinquishing responsibility of the valuation functions with a desire by some councils to have the State Government undertake this responsibility. The State Government in its final proposal accepted the position of the MAV. Overheads Model Indirect costs make up a sizeable proportion of councils’ total costs. To assist councils to assess these costs the MAV commissioned the development of a simple overheads model for application in Victoria. The model can be used to justify costs, calculate reimbursements and make subsidies transparent and deliberate. Applications include budget development, accountability, decision making, targeting support to disadvantaged groups, cost control and income development. Using the model with no direct support, pilot councils demonstrated that it can be populated by an accounting professional in just three days, saving considerable time and achieving a more accurate result. Development of the model was overseen by a reference group of financial professionals in local government using comparable data across councils. EasyBiz Hands-on support was provided to councils to roll out the 18 online forms developed for high volume business transactions during the first phase of the EasyBiz project. Accessing local government services using the internet has grown by 150 per cent since 2004. This is the fastest rate of growth for any of the three levels of government over that time. EasyBiz offers businesses a consistent experience across councils by using the same form for the most common transactions in planning, building and environmental health. The forms use technology that clearly identifies the requirements for various licences, permits and registrations and enables users to complete and submit applications online or via traditional means, speeding up the application process. Small Towns Summit The 2008 Small Towns Summit was held in the township of Lockington. It was attended by 215 delegates including councillors and chief executive officers representing 31 of the 38 rural councils in Victoria. The Summit provided a forum for local entrepreneurs, business and industry leaders, economic and community development practitioners, academics and education providers, relevant decision makers and anyone passionate about small town prosperity to establish collaborative networks and partnerships and work together on the unique and diverse challenges faced by small towns. The opportunity to host the Summit helps build local capacity within the council and the community to deliver an event of this size. Campaspe Shire Council estimated the net economic benefit of visitors to Lockington and sourcing products and services for the Summit locally at $92,960. Rural Economic Development Opportunities Fund Twenty-three projects received funding under the $500,000 Rural Economic Development Opportunities Fund component of the Small Towns Program delivered by the MAV on behalf of Rural Councils Victoria. The guidelines for the Fund were developed in consultation with Victoria’s 38 rural councils following a research project into their economic development needs, existing economic development activity and unfunded opportunities. Projects funded include research studies into algae biofuel creation, a carbon negative housing estate and industrial land directions; marketing, branding and communication programs; website hubs; sustainability/futures planning; beautification of business centres; development of toolkits; forums for businesses to better manage, tourism and events; and registers for homebased businesses and skills within the community. Get Down To Business Grassroots Grants The MAV developed a toolkit for rural municipalities to build the capacity of community groups to submit, acquit, evaluate and leverage funding and alleviate the workload of council officers responsible for grant submissions. The Grass Roots Grants toolkit contains a range of useful templates and suggested activities including researching funding channels, building relationships with fund providers, preparing a submission, managing the funded project and what happens when the project is over. The toolkit and an associated series of workshops will assist community groups to obtain their own grants, leaving council officers with more capacity to focus on larger funding submissions for their municipalities. Through its role in supporting Rural Councils Victoria, the MAV worked with economic development practitioners and residents of rural municipalities to develop a methodology for rural councils to deliver a cost effective, robust engagement process to re-energise communities and encourage focused, well thought out, sustainable actions that communities are capable of delivering. Get Down To Business is designed to build a commitment within communities to work in partnership and take ownership for the town’s future. The program considers multiple factors that influence a town’s prosperity including social, economic, physical and natural resources to identify opportunities that stimulate additional economic activity. MAV ANNUAL REPORT 2008/09 FINANCE & ECONOMICS >17 Governance and Councillor Development Councillor Conduct Panels An expression of interest process was conducted to form Councillor Conduct Panels. A communications plan supporting this process included advertising, media coverage, direct mail and editorial in local government and legal industry publications. The MAV received 60 expressions of interest from which 12 panel members were appointed for three years. Panels are formed after application from a council, councillor or group of councillors to determine if there has been a Code of Conduct breach. The MAV advocated for two years for an independent means to assist councils to address allegations of misconduct by councillors, where previously there were few options available. Stand for Council A campaign encouraging Victorians to stand for council resulted in a 40 per cent reduction in the number of uncontested vacancies. The campaign was developed by the MAV and resources provided to councils. Council participation in the campaign was high. Eighty-five per cent of councils took up the opportunity to host one or more public information sessions which were attended by over 1000 people, and 81 per cent of councils established a link from their website, driving considerable traffic to the campaign website. The website achieved 6209 hits during the campaign period. Over 54 per cent of all visitors to the website were referred by other websites. After the MAV website and search engine Google, the highest number of referrals was from the Leader Newspapers website, demonstrating the strategic importance of having a media sponsor for the campaign. Thirty-three per cent of traffic was direct and spikes in visitor numbers coincided with advertising placements indicating that advertising was effective. In addition to paid advertising, editorial was achieved in 170 articles that mentioned the website and/or public information sessions. Council feedback was largely supportive of all elements of the campaign. 18> MAV ANNUAL REPORT 2008/09 GOVERNANCE & COUNCILLOR DEVELOPMENT Councillor Fundamentals More than a third (233) of councillors from 66 councils attended the MAV’s Councillor Fundamentals series between February and May 2009. The series involved 24 workshops in six regional locations to develop the fundamental skills and knowledge of councillors in governance, finance, planning and communication. The MAV renewed its existing publications including Citizen to Councillor, the New Councillor Resource Guide and the Land Use Planning in Victoria Guide for Councillors, updating them for legislative changes and adding new material to provide course materials for the Councillor Fundamentals series. The MAV was successful in proposing that the State Government provide a subsidy to councils with limited financial resources for training purposes. Service Awards The Victorian Councillor Service Awards were established this year to recognise the contribution of long serving councillors. Long service was recognised at the levels of 15, 20 and 25 years and for serving three full terms or more as mayor. The advent of all 79 councils going to the polls was considered an opportune moment to reflect on the commitment of long serving councillors. The awards were presented at the MAV Annual Dinner, and will be conducted annually on this occasion. In the inaugural year 26 councillors were awarded for 15 years service; 20 councillors were awarded for 20 years; four councillors were awarded for 25 years; and 61 councillors were awarded for serving three or more terms as mayor. Knowledge Centre The Knowledge Centre was established by the MAV as a vehicle for councillor development beyond the Councillor Fundamentals series. Demand for the Knowledge Centre’s intensive, face-toface, small group training model has been strong with the first two programs oversubscribed within 10 days of bookings opening. A further 14 programs have been developed and will be run out in the second half of 2009. Conflicts of Interest New conflict of interest provisions were introduced after council elections last year in response to lengthy advocacy for change to the existing provisions. The MAV has assisted councils to understand the changes by providing training for councillors through the Councillor Fundamentals series; providing advice as appropriate on numerous scenarios; and working with the State Government to refine materials to assist councils. The MAV sought and received an assurance from the Minister for Local Government that the provisions will be reviewed after 12 months and has begun collecting examples where the provisions have impeded council business to build an evidence base towards the eventual review. MAV ANNUAL REPORT 2008/09 GOVERNANCE & COUNCILLOR DEVELOPMENT >19 Environment Climate Change The MAV actively pursued amendments to the design of the Australian Government’s proposed Carbon Pollution Reduction Scheme (CPRS) to ensure a fair outcome for the local government sector. Briefing papers were provided to inform consultation with member councils in development of the MAV’s submissions to the CPRS Green Paper and the National Carbon Offset Standard Discussion Paper. The MAV, with the ALGA, jointly commissioned an analysis of draft legislation to ensure that local government interests were maintained as per the commitments sought and made through the Green and White Paper processes. A joint submission was made through the ALGA to the Australian Government and relevant senate committees considering the draft legislative package. These efforts resulted in the reversal of a decision to include ‘legacy’ waste emissions in the CPRS. 20> MAV ANNUAL REPORT 2008/09 ENVIRONMENT Water Allocations The MAV was an important advocate in the introduction of a water allocations system to help manage the effects of prolonged drought on many councilowned sports surfaces. The allocation framework allows eligible metropolitan councils to redirect water savings to other uses, providing a direct incentive to improve water efficiency. The MAV called for the Government to examine a state-wide water allocations model using a fair and scientific allocations framework to assist all councils to better manage sports grounds during the drought. The MAV also sought the State Government’s agreement to introduce a water offset program which would allow water savings in other industries to be directed to community purposes. Sustainability Website The MAV’s online collaboration tool for councils to share innovation and practice in sustainability was launched by the Minister for Environment and Climate Change, Gavin Jennings in October 2008. The website has attracted a steady stream of visitors without any concerted marketing effort while elements of functionality have undergone further improvements. A marketing plan has been developed to follow up the soft launch period that will be rolled out next year. The sustainability website provides councils and local government stakeholders with access to a library of information on council approaches to sustainability in the natural and built environments and within council operations. Waste The MAV successfully argued that, moving forward, the National Packaging Covenant requires an increased emphasis on the design of packaging to reduce environmental impacts before packaging has to be dealt with by local government. The environment ministers viewed the progress of the Covenant as satisfactory but ordered that a new agreement be drafted to reflect the change in emphasis sought by the MAV on behalf of local government nationally. The MAV was also successful in arguing for a new review of regional waste management arrangements that is focussed on regional markets and capacity for resource recovery instead of the form and structure of the groups that was the focus of an earlier review. Environment Survey A response rate of 91 per cent was achieved for the fourth MAV Local Government Environment Survey. Conducted every three years, the survey collects data on council resourcing and operations, priority issues, environmental strategies and management activities, delivery mechanisms, natural resource management, statutory planning the Victorian Local Sustainability Accord and Future Coasts program. The results indicate that local government is playing an increasing role in environmental management across the state. There has been a significant increase in the number of staff employed by local government to address environmental issues. Priorities and activities of councils are shifting beyond traditional roles in waste and stormwater management to include greenhouse gas emissions abatement, climate change adaptation and sustainable water management, reflecting the environmental challenges of the day. The survey results are being used to raise the profile of local government’s environmental management and sustainability activities at the local, state and national level. Natural Resource Management Negotiations have continued with the State Government over the responsibility for weeds on roadsides. The need for clarification of weed responsibilities, and the MAV’s position that no additional expectations be shifted on to local government was strongly argued in a submission to the development of the State’s framework for pest management going forward. In the interim, the MAV has assisted the development and delivery of a program to build the capacity of those councils seeking support to manage pest species on roads. Funding has been achieved for 78 projects in rounds one and two of the program. The MAV has also actively represented local government in the development of the State Government’s Land and Biodiversity White Paper that will guide its policy and investment decisions over the next 20 years. Native Vegetation The MAV facilitated a consultation process for councils ahead of the introduction of new planning permit exemptions for the removal of native vegetation on roadsides. Through this process councils had active input to the drafting of the agreement that triggers the exemption, and 28 councils have since signed the agreement. The MAV used inquiries by the Victorian Competition and Efficiency Commission and the Victorian Environmental Assessment Council to raise the capacity issues facing councils to effectively implement native vegetation requirements and proposed alternative options for the administration of the native vegetation regulations. MAV ANNUAL REPORT 2008/09 ENVIRONMENT >21 Planning & Building New Residential Zones The MAV successfully argued against the one-size-fits-all approach to building heights and proposals to reduce notice requirements put forward as part of the consultation process on new residential zones. While continuing to support the general approach of providing substantial, incremental and limited change areas, the MAV’s submission to the second part of the three-part process identified that there remains insufficient differentiation between the zones, and the burden for implementation still rests unfairly with councils. Planning and Environment Act Review The review of the Planning and Environment Act 1987 presented a critical opportunity for local government to influence the planning system in Victoria. The MAV directly influenced the scope and process of the review, which included a series of workshops for council and industry stakeholders to ensure councils had early input to the review. The MAV also facilitated involvement of council representatives on the 10 working groups established to explore certain aspects of the review. The MAV’s submission to the review raised the need to better define the roles, functions and responsibilities of local government and VCAT; identified concerns with the regulations and administrative processes that support the operation of the Act; and highlighted the cost burden on councils of implementing State Government policy changes. 22> MAV ANNUAL REPORT 2008/09 PLANNING & BUILDING Illegal Brothels Reform The MAV was successful in seeking legislative changes to enable councils to more effectively undertake enforcement against brothels operating without permits and licences. The reforms amended the definition of brothel and escort agency to include premises that offer (rather than provide) sexual services and clarified the kinds of evidence councils and agencies can use, such as evidence of people entering and leaving premises, appointments made for prostitution services, advertising, internal layout and fit-out of premises. The changes also make it easier for police to apply for a warrant to search premises, which improves support for councils’ enforcement action. These developments represent significant progress towards more enabling legislation, successful enforcement outcomes and better inter-agency coordination, which was formalised by the signing of a Memorandum of Understanding with Consumer Affairs Victoria following the legislative changes. E-planning The MAV secured $10.4 million over four years from the State Government, and $6.5 million from the national housing affordability fund, in support of e-planning initiatives. Developments this year include piloting of online planning applications involving six councils, 12 applicants, more than 30 referral authorities and the Victorian Civil and Administrative Tribunal (VCAT). The system being piloted manages applications from beginning to end, including lodgement, requests for further information, referral, advertising, making a decision and VCAT appeals. In addition, most councils have now integrated their systems with the Planning Permit Activity Reporting System, enabling regular electronic returns on information not previously available including trends in planning permit types, numbers, how long they take, how many are advertised, objections received, referrals or decisions under delegation. Bushfire support Planning and building functions were severely impacted in those councils affected by bushfires this year. The MAV facilitated placement of staff from non-affected councils to enable the rapid inspection and reporting of building conditions. In support of the immediate rebuilding effort, the MAV worked with the affected councils to map a streamlined, case management approach to planning, building and environmental health approvals and ensure consistent communications. Advocacy successfully resulted in the granting of exemptions from planning schemes to fast track the rebuilding process and councils’ interests were represented in the development of the new interim building regulations and their application. The MAV also sought and achieved agreement from the State Government to reimburse councils for planning, building and environmental health fees. Retaining local input At a time of increased frequency of reforms that diminish councils’ roles in planning, the MAV has actively engaged its members and sought to use various consultation processes to improve engagement and awareness between councils and the State Government on planning matters. The President and Chief Executive Officer of the MAV continue to meet regularly with the Minister for Planning, and have voiced council concerns regarding timelines for consultation, and heavy handed call-ins and legislative reforms. The MAV has also commenced a project working with councils to improve practice, quality assurance and accountability for councils in response to the Victorian Auditor General’s Office audit of planning and planning enforcement performance. Coastal planning The MAV took a lead role in helping coastal councils respond to the implications of climate change and new State Government requirements to plan for rising sea levels of not less than 0.8 metres by 2100. Legal advice was obtained to identify mechanisms which protect councils in their role as planning or responsible authority against coastal impacts that could result in risk to life and property and expose councils to liability. A forum was organised for Victoria’s 22 coastal councils to share their approaches to land use and development decisions in areas likely to be most severely affected by climate change. In addition, the MAV represented coastal councils on the implementation coordination committee for the Victorian Coastal Strategy and the Future Coasts program, which is collecting data to enable accurate assessment of the vulnerability of Victoria’s coast. Winky Pop The MAV successfully sought legislative clarification to assist councils in understanding the application of natural justice to planning decisions as highlighted by the Winky Pop ruling in the Supreme Court last year. Legal advice was sought to identify the best possible solution, and the State Government accepted the MAV’s proposal to establish a simple set of rules that guide councillors. Legislation was amended to set out disclosure requirements and clarify that an indirect interest arises when a councillor is party to a civil action, a VCAT appeal or has lodged an objection to a planning permit. The MAV also engaged Julian Burnside QC to deliver a seminar for councillors, planners and governance officers to explain the principle of natural justice, implications of the bias rule and steps that can be taken to ensure that a decision maker is not considered biased. MAV ANNUAL REPORT 2008/09 PLANNING & BUILDING >23 Human Services & Public Health Collapse of ABC Childcare Following the collapse of ABC Learning this year, the MAV immediately took action to better understand the situation and assist councils to manage community concern about possible service closures. Funding was obtained from the State Government to assist the development of a strategic and coordinated response from local government in Victoria. A survey was conducted to identify ABC centre locations, clarify ownership arrangements and determine the level of interest of councils in each service or facility. The opportunity was seized to advocate for important structural reform of the childcare industry to achieve a more balanced childcare services market and a shift in federal funding from privately-owned to publicly-owned children’s services and infrastructure. This advocacy placed significant pressure on the Federal Government which eventually led to a more transparent process, allowing the community-based sector including interested councils more time to evaluate options and submit expressions of interest for ABC services and/or facilities where appropriate. A formal but non-binding expression of interest was submitted for all 76 ABC services in Victoria to enable access to more information about the services and centres. The MAV also provided a submission to a Senate inquiry into the provision of child care and developed an options paper on funding for childcare infrastructure. Shift in responsibilities for HACC The MAV actively lobbied for the unique role of Victorian councils to be recognised and valued in response to a proposal that the Federal Government take over responsibility for all aged care programs, including Home and Community Care. Agreement was achieved for a longer period of transition in Victoria should the proposal proceed to provide more certainty for councils, continuity of care for service users and increased opportunity to negotiate new arrangements between the Federal Government and local government. The MAV continued to raise practical concerns with the proposal, including splitting the aged and disability components of the Home and Community Care program. The proposal was subsequently adjourned by the Council of Australian Governments in November 2008. Early Years Planning The MAV was actively involved in the development of quality early years learning frameworks at state and national levels, ensuring that the State Government’s strategy for early childhood includes a commitment to support the leadership role of local government in early years planning and that the national strategy makes provision for funding councils to plan towards delivering 15 hours of kindergarten for four year olds by 2013. The MAV was also successful in obtaining a second round of grants supporting councils to plan infrastructure requirements for delivering early years services. A forum was organised by the MAV for councils to share their approaches to undertaking infrastructure planning. Library Campaign Tobacco The MAV commissioned research to establish a foundation for a long-term campaign addressing the escalating costs to local government in the provision of public library services in Victoria. The research provided an independent contextual assessment outlining international and national trends, state comparisons on investment and identified issues which could be progressed by State and local government. A working party has been reconvened to provide input to the development and implementation of the campaign. Meanwhile the MAV has pursued improved funding arrangements and cost efficiencies through aggregated purchasing, a submission to the State Budget and advocating for a national framework for public libraries as part of the Federal Government’s social inclusion agenda. The MAV disbursed over $800,000 in funding to councils as part of a joint program with the Department of Human Services to assist councils undertake education and enforcement activities under the Tobacco Act 1987. In its tenth year of operation, this program has delivered benefits in reducing the incidence of smoking in the community, and enabled State Government priorities to be delivered locally. For councils the funding has assisted the delivery of services that provide an important public health benefit. The MAV convened a working group through the year to provide advice to the State Government about the activities that will be funded in 2009/2010. 24> MAV ANNUAL REPORT 2008/09 HUMAN SERVICES & PUBLIC HEALTH Changes to the Food Act The MAV achieved significant influence in the development of new food safety legislation to reflect councils concerns that regulation should not unreasonably burden councils or volunteers preparing food for fund raising and community support activities unless measurable risks to public health can be demonstrated. The MAV facilitated frequent and regular meetings of council officers and the State Government to achieve early input to legislative proposals to address the priorities and needs of local government, including phased implementation. Disability Access The MAV pursued improved accessibility through submissions on building and public transport standards and participation in a universal housing project providing guidelines and templates for builders, planners and developers. Submissions were also made to the national disability strategy and a review of mental health services. A biennial survey of councils demonstrated good progress towards requirements to have a disability action plan in place with all but four councils having formally adopted their plan. Of the four remaining councils a draft plan is in place and the actions identified are being implemented. Some progress was also made in resolving arrangements for a new Disabled Person’s Parking Scheme in Victoria including the possibility of a nationally consistent approach. Children’s Regulations New children’s services regulations struck the balance sought by the MAV on behalf of councils between quality improvements for children and costs of providing services for providers and parents. The MAV played a critical role in engaging councils in the State Government’s consultation process which resulted in extensive input from the MAV and councils on the detail and impacts of the proposed changes. Meetings and presentations were organised to brief councils on the reforms, and the MAV took a formative role in preparing detailed submissions and participating in focus groups. Maternal and Child Health MOU The MAV negotiated a new Memorandum of Understanding with the State Government for the delivery of maternal and child health services that capitalises on increased funding levels by reinstating the 50:50 funding agreement between local government and the State Government and ensuring an annual price indexation. The signing of the agreement is the culmination of a three-year advocacy program which included a costing study to determine the actual cost of delivering the service. The MAV again conducted its annual survey this year to keep a watch on service costs and ensure the level of indexation fairly reflects cost movements. Multicultural The MAV produced local government area profiles of seniors from culturally and linguistically diverse backgrounds as a resource to support the capacity building of councils’ planning and service responses to all seniors. A network of officers with responsibility for cultural and linguistic diversity planning was established to share practice and over 60 people attended a forum addressing a range of interpreting and translating issues for the sector to further support the capacity of councils in this area. In addition the MAV brokered a number of opportunities for councils to benefit from initiatives to increase participation by promoting cultural diversity and engagement between faith communities and the broader community. Partnerships were established with the Victorian Multicultural Commission and VicHealth to deliver capacity building projects in six councils and with the University of Melbourne to improve policy design and program delivery in rural and regional areas. Positive ageing The MAV supported planning for positive ageing in 73 councils. Demonstration projects involving 38 councils were completed and documented to share the approaches taken to planning for positive ageing and creating age-friendly environments. An evaluation of the demonstration projects concluded that good progress was made towards creating age-friendly environments and engaging older people in decision-making strategies and governance structures. MAV ANNUAL REPORT 2008/09 HUMAN SERVICES & PUBLIC HEALTH >25 Transport & Infrastructure Community Infrastructure Funding Following years of extensive advocacy by the MAV and the ALGA, Victorian councils received in excess of $230 million from the Federal Government to upgrade and build new community infrastructure. This new funding pool is the biggest for local government since Roads to Recovery was introduced. Research on the financial constraints on local government, asset management system improvements and direct advocacy ensured that local government was viewed as a key player in the Federal Government’s attempts to stimulate local economies. Significant flexibility was provided for councils to apply for funding for a full range of vital community infrastructure projects, from sporting facilities to community halls and libraries. Public Lighting The MAV represented local government on the Public Lighting Taskforce which drafted a Memorandum of Understanding between local government, electricity distributors, VicRoads and the Department of Sustainability and Environment. The draft Memorandum of Understanding includes commitments from the distributors to formalise and participate in a technology review, disclose additional information on their public lighting assets and meet regularly with the sector. Over the past year the parties have developed a cooperative spirit to increase the efficiency of public lighting stock through increased understanding of each others’ priorities and businesses. Infrastructure Australia The MAV supported the State Government to secure more than Victoria’s fair share (35 per cent) of the Federal Government’s infrastructure fund. The MAV’s submission highlighted passenger and freight transport, telecommunications (broadband), energy and water as key areas for Victoria that required national investment. Citing population growth and growing environmental issues as key drivers for expanding Victoria’s public transport system, the MAV’s submission reinforced the messages outlined in the Victorian Government’s submission. Excluding funding for the national broadband initiative, Victoria is set to receive $3.2 billion for the Regional Rail Link and $40 million for initial construction work on the Melbourne Metropolitan rail tunnel. Transport Position Paper The MAV developed a position paper outlining the key priorities in transport for local government to help frame sector-wide responses to several pivotal state and federal government strategies in 2008/09. A draft was developed with the input of the MAV Transport and Infrastructure Advisory Group and circulated to all councils for comment. The key propositions and objectives were overwhelmingly endorsed by all councils. Following the consultation period the MAV Transport Position Paper received the endorsement of the MAV Board and State Council. 26> MAV ANNUAL REPORT 2008/09 TRANSPORT & INFRASTRUCTURE Priority Routes The MAV successfully fought against proposed changes to the Road Management Act 2004 that would provide for the specification of priority tram, bus, bicycle, pedestrian or freight routes on Victorian roads without any requirement to consult councils on the inclusion of local roads. The MAV sought to have freight removed entirely from the legislation so the status quo approach to addressing freight issues, involving an open exchange of information and subsequent negotiation between relevant parties, could be maintained. In a welcome back-down, the State Government agreed to legislative amendments to provide councils with the right to control access of non-approved freight vehicles to local roads, and ensure consultation occurs with councils prior to specifying transport priorities on local roads. Rail level crossings The MAV achieved a commitment from the State Government to fund the closure of level crossings on local roads following legislative changes that placed new obligations on councils for rail safety. The commitment includes funding for infrastructure upgrades for nearby access routes. In addition to holding briefing sessions for councils in regional locations, the MAV visited numerous councils to provide assistance in considering options for improving safety at railway level crossings and mitigating risk. Clearways The MAV and affected councils succeeded in modifying plans to extend clearway times in the afternoon peak period. Aimed at tackling peak hour congestion on Melbourne’s key arterial roads and improving the speed of road-based public transport, the MAV initially supported the extension of clearway times. Metropolitan councils had mixed views with some supporting the benefits to the network and others opposed on the basis of impacts on traders. In its role representing councils in the implementation of new clearway times, the MAV sought economic analysis from the State Government to substantiate claims that the changes would have negligible impact on traders. In the absence of any analysis supporting these claims, the State Government announced it would alter plans to extend clearway times during the afternoon peak citing council proposals to increase the availability of parking and reduce congestion. Linking the east and west The MAV gave its support for a metropolitan rail tunnel but suggested deferring a cross city road tunnel in its response to the recommendations from a study led by Sir Rod Eddington into improving transport links between Melbourne’s east and west. In forming its response, the MAV hosted a briefing session for councils with Sir Rod Eddington. Councils took the opportunity to question Sir Rod about key aspects of the report. The rail tunnel was subsequently included in the State Government’s transport strategy and has received federal funding of $40 million. Disaster Recovery The MAV made significant progress on a disaster recovery blueprint for local government. More than 70 councils responded to a survey to identify current practices, budgets and resources for disaster recovery. The survey also assessed the appetite within local government for partnering arrangements and third party providers to develop options for a state-wide solution and assist in a bid for funding. Opportunities were identified to share infrastructure and resources, reducing investment needs for councils, addressing the skill stretch at a local level and positioning the sector to take advantage of emerging technologies. An advanced training program was subsequently developed and piloted by eight councils. Broadband Initiatives The MAV worked with councils to identify and develop two broadband enabled demonstration projects that will deliver significant benefits for local government and users of the services they provide. With the support of the MAV and funding from the Victorian and Federal Governments, Colac Otway Shire Council has developed an internet web-based application for sharing data between councils, water catchment authorities and government departments in the south west of Victoria; and Towong Shire Council has successfully conducted a pilot in the township of Tallangatta that will form the basis of a business case for deploying a wireless broadband network throughout the municipality at speeds and prices equivalent to metropolitan areas. The MAV also provided support to the ALGA in developing a national local government position on the National Broadband Network. ICT Audit The MAV undertook an audit of 24 councils to determine a detailed picture of the local government information and communication technology landscape. The audit revealed a lack of uniformity in core software applications being used by councils. An expression of interest was subsequently conducted on behalf of 31 councils for providers to establish a single platform to support a stable environment for the delivery of shared services between councils. MAV ANNUAL REPORT 2008/09 TRANSPORT & INFRASTRUCTURE >27 Emergency Management Coordinating the bushfire response The MAV played a frontline role in Victoria’s response to the bushfires of January and February 2009, representing local government on the Victoria Emergency Management Council and to the authority set up by the State Government to oversee the reconstruction and recovery of bushfire affected areas. These tragic events are acknowledged as Australia’s worst natural disaster in recorded history, killing 173 people and destroying more than 2000 properties. Twenty-seven councils were affected by the bushfires to varying degrees. While the fires remained a threat the MAV attended daily meetings of emergency authorities and kept councils updated on forecast conditions and the resolution of policy matters. 28> MAV ANNUAL REPORT 2008/09 EMERGENCY MANAGEMENT Sharing resources In the days following the worst of the bushfires on 7 February 2009, the MAV registered more than 1000 offers of assistance from councils and deployed 200 council officers on request to fire affected areas. The MAV initially put out a call for emergency management staff to relieve staff working in Municipal Emergency Coordination Centres and relief centres. As the scale of the disaster became clearer, councils’ needs grew for staff from other areas of council business. Local laws officers, building surveyors, emergency management officers, environmental health officers, tree and road crews were in high demand. The register built on the protocol first established last year for sharing resources for response and recovery activities among councils during an emergency. Over half of all councils are now signatories to the voluntary protocol. Funding for bushfire councils The MAV negotiated a significant extension of the usual reimbursement arrangements for bushfire affected councils. The costs associated with response, relief and recovery operations are likely to exceed $30 million. The State Government extended the formal policy to cover operating costs for Municipal Emergency Coordination Centres and relief centres and waivers on rates, building and planning fees among other costs. The MAV also worked with the State Government to ensure $10 million set aside for community recovery delivered the most value to councils. In addition, the MAV established a Municipal Bushfire Recovery Fund in response to offers from councils around the country wanting to provide financial assistance for affected councils. The fund had collected $550,000 in donations by 30 June 2009. Drought funding Fire planning The MAV succeeded in advocating for the A new multi-agency approach to fire reinstatement of the municipal rate subsidy planning commenced in 15 municipalities. for eligible farmers. Despite the extension The MAV represented councils on the of exceptional circumstances declared for project committee designing the new five areas in Victoria there had been no framework that is expected to result in commitment given by the State more comprehensive and consistent Government to provide the subsidy in management of fire risk and provide 2008/09. Following representations by the improved assistance for councils in MAV, the State Government announced a developing municipal level plans. Support drought relief package providing $15 was provided to councils to implement key million for 50 per cent subsidies on strategies and processes. municipal rates and charges and $4.4 million to relieve the impacts of drought on community sport and recreation facilities among other initiatives. MAV ANNUAL REPORT 2008/09 EMERGENCY MANAGEMENT >29 Workforce Employment rebranding Building on research and marketing analysis, the MAV developed a promotional and advertising campaign to reposition local government as a significant employment industry. The campaign seeks to build an understanding of the size and scope of work that local government offers employees, and to communicate the career enhancing benefits of working in council. It was presented to councils along with a request for practical and financial support for media costs. By 30 June 2009, 32 councils had pledged over $500,000 to the campaign. Award Modernisation The MAV represented Victorian councils in the development of a new national local government industry award to meet Australian Government requirements to modernise agreements by 1 January 2010. Working with other state and territory associations, the MAV endeavoured to achieve close alignment of the national and Victorian positions. This was particularly important given the withdrawal of the Victorian Employers’ Chamber of Commerce and Industry from direct involvement in the development of a national local government submission. Kindergarten Agreement The MAV partnered councils to identify issues of pay equity and highlight practical steps and measures that can be taken by councils to enhance their knowledge and performance in this area. Improving council practices is important in the current employment environment when skills shortages and the significant impact of the ageing workforce and population make the need for talent an ongoing challenge for all employers. The report was developed with active participation from Greater Bendigo City Council and Moreland City Council with further support provided by Nillumbik Shire Council, and in partnership with Workforce Victoria, the Australian Services Union and the Victorian Employers’ Chamber of Commerce and Industry. The MAV negotiated a new kindergarten award on behalf of 30 councils that has the potential to deliver significant productivity improvements for councils. It is the first time local government has achieved an agreement that represents the interests of councils, their employees and the community. Previously local government has been excluded in negotiations with unions. Crucial to the new agreement was the involvement of the State Government, ensuring appropriate levels of funding to support the financial viability of programs within the context of the new industrial agreement that will see employees gain significant benefits. 30> MAV ANNUAL REPORT 2008/09 WORKFORCE Pay equity Employee Health Insurance Forty-three councils have signed up to the Local Government Employees Health Plan developed by the MAV as an employment benefit in support of the sector’s efforts to be recognised as an employer of choice. The Plan achieves up to 45 per cent savings on premiums by providing a facility, funded by four per cent of premiums, that reimburses any excess payable in the event that a member is hospitalised. Savings are achieved by opting for a product that charges a higher excess and lower premium, safe in the knowledge that if the member is hospitalised they will be refunded the excess. Collaboration Local Government Procurement Strategy The MAV and the State Government commissioned research to examine the potential benefits from reformed procurement practices in councils. The research conducted by Ernst and Young identified that up to $350 million per annum could be saved by improving procurement practices. The Local Government Act 1989 was subsequently amended to require councils to establish a procurement policy. To assist councils the MAV commissioned the development of a model procurement policy addressing the new legislative requirements and incorporating best practice guidelines and input from procurement officers in councils. Electronic tendering The MAV brokered an arrangement with a leading supplier of electronic tendering systems, enabling councils to establish an e-portal for conducting tenders. The system enables councils to manage the procurement process, including advertising, supplier notification, tender forums lodgement and evaluation, to reduce the operational time and cost involved. Under the arrangement, councils are eligible for a 10 per cent discount on the purchase of the portal and normal training costs are waived. Access was made available to councils that do not generate the volume of tenders for their own customised portal through the MAV portal at a reduced rate. MAV Procurement Shared Services The MAV established a new business unit to pursue improvements and savings in local government procurement practices. Following the acquisition of Co-operative Purchasing Services and its assets, MAV Procurement was launched in April 2009 to pursue group purchasing opportunities that prioritise community outcomes and not just the lowest unit price. Two tender processes were conducted for telecommunications on behalf of 40 councils and library materials for more than half of Victoria’s library services. The MAV has progressed six projects to improve collaboration between councils that will potentially transform the way local government does business. The information and communications technology project was pursued as a priority due to its potential to provide a common and stable platform for other shared service initiatives. Progress was also made on shared services for records management, maternal and child health systems, property data, a census of land use and employment and front-of-house services. Councils Reforming Business The MAV partnered the State Government to progress the Councils Reforming Business initiative including improved procurement practices, shared services proposals, local laws, affordable housing and the roll out of the EasyBiz project to all councils. In addition, the MAV has provided support for 13 projects involving 53 councils to identify opportunities for improving procurement practice that can be rolled out to all councils. MAV ANNUAL REPORT 2008/09 COLLABORATION >31 MAV Insurance Royal Commission The MAV coordinated the representation of 77 councils to the Bushfires Royal Commission. Several working groups were established to work with the legal team to guide a submission to the Royal Commission. The submission highlighted the complexity of Victoria’s fire management regime and covered policy issues including fire prevention planning, building regulations and planning schemes, native vegetation, road management, fire refuges and evacuation, fire response and recovery, and the Integrated Fire Management Planning project. A second submission, responding to the draft recommendations from Counsel Assisting the Royal Commission, focussed on issues relating to the reinstatement of designated community fire refuges before the next fire season. Councils were provided with regular updates on the Commission proceedings. 32> MAV ANNUAL REPORT 2008/09 MAV INSURANCE Legal Panel MAV Insurance conducted an open tender for the provision of legal services for handling both public liability and professional indemnity claims. The new claims panel took effect from 1 July 2009. Each firm signed an agreement for two years with potential for a further two years at the MAV’s discretion. The new agreement includes formally documented terms and agreement between firms and the MAV including a dispute resolution process; service standards addressing professional skill and care as well as timeliness and cost; a quality assurance process to review the level of service provided by the firms and Jardine Lloyd Thompson; reporting standards; value added services including seminars and workshops, publications and newsletters; strict billing conditions; and mandatory compliance with the Victorian Government’s Model Litigant Guidelines and Human Rights Charter. A second legal panel has also been appointed to provide legal advice for the general management of the Civic Mutual Plus scheme. The tender process was managed in accordance with a strict probity plan with an evaluation committee comprising MAV Insurance Chief Executive Officer, Rob Spence as Chair; Alison Lyon and John Smith from MAV Insurance; Ivan Ciardullo from Jardine Lloyd Thompson; and Terry Makings, an independent consultant with considerable local government experience. Service Improvements Seeking to increase transparency, improve communication and provide a higher level of service to MAV Insurance members, two new appointments were made to MAV Insurance. John Smith was appointed as MAV Insurance Claims Adviser. With a long history in insurance, John is responsible for overseeing claims management, advising on best practice and developing key performance indicators to analyse performance of both MAV Insurance and that of appointed service providers, with the ultimate objective to assure integrated, timely and high quality outcomes for MAV Insurance and its members. Daniel Hogan was appointed to the part-time role of MAV Insurance Relationship Manager, updating the membership on significant issues as required. Recognising that in certain instances members may wish to directly contact MAV Insurance in addition to existing client interface options, the appointment also provides a direct link between the business and members. Reinsurance The number of reinsurers covering Civic Mutual Plus was increased by two in 2008/09 bringing the total number of reinsurers in the program to 16, further spreading the risk to ensure the long-term viability of the scheme. The two new reinsurers conformed to MAV Insurance’s strict requirements, including a minimum rating equivalent to a Standard and Poor’s rating of A and an equivalent of at least US$25 million in unencumbered policyholders’ funds. Close monitoring was maintained on the ongoing financial viability of all reinsurers to provide maximum protection for members against claims that potentially go back to the commencement of the scheme in 1993. Pollution Liability Insurance MAV Insurance requested its broker to identify appropriate alternatives to cover gaps in protection against pollution relating to exclusion 13 in the Civic Mutual Plus (CMP) policy. A register of landfills owned and operated by local government was also compiled to identify the extent of the need for additional coverage. MAV Insurance determined not to proceed with the only option identified for a special purpose pollution liability policy on the basis of legal advice that the policy wording was convoluted and the scope of the coverage unclear. In addition the policy was not definitive in its distinction from the CMP policy, leaving the scheme vulnerable to arguments between reinsurers as to which policy should apply from case to case. MAV Insurance is committed to pursuing satisfactory coverage for members against pollution liability. A detailed study is planned to identify possibilities for coverage. Civic Mutual Plus Results The operating deficit for the year was $2,613,270 (2008 $8,175,121). This result increased the net asset (equity) position of the Scheme from $15.4 million in 2008 to $12.8 million at the end of the 2009 financial year. This strong performance has resulted from the continuing concentration on cost control, increased emphasis on operational efficiency and ensuring the business structures reflect industry best practice. The strong capital position provides increased flexibility and ensures members are protected as much as possible from the vagaries of the current international business and insurance environment. Municipal Officers’ Fidelity Guarantee Fund Results The deficit for 2009 of $51,074 (2008 $53,274 deficit) is ahead of budget for the year and in line with expectations. There has been improved claims performance this year. However, claims relating to lack of segregation of duties and management controls are still frequent. The provision for future claims remains at $108,000 and appears adequate. The capital of the Fund at the end of the 2009 financial year is $364,001 (2008 $415,075) and is excess of the minimum capital requirement. Civic Mutual Plus Claims Trends Two claims were paid during the year totalling $234,000. The smaller of the claims related to petty cash handling and the larger claim was the result of the procurement process being compromised. The petty cash claim resulted in the member improving management control of petty cash procedures and practices. Following the second claim the member set about raising employee awareness of fraud and ensuring employees understand the importance of internal control procedures not being compromised. Both incidents were prosecuted to the full extent of the law in line with MAV Insurance’s policy in matters of fraud. Tort reforms have lead to lower claim numbers for personal injury matters. However, those claims that satisfy the new statutory threshold are inevitably much more costly on average. Professional indemnity and property damage not impacted by tort reforms now accordingly represent a higher percentage of claims. Planning disputes and tree root claims have been prevalent. On previous experience claims are predicted to increase in the current economic conditions. The MAV has now developed the capability for monthly reporting and trend analysis on key indicators of scheme viability including claims lodged, unit cost, legal spend and performance and timelines. Fidelity Claims Trends MAV ANNUAL REPORT 2008/09 MAV INSURANCE >33 11 2 3 MAV TEAM MAV BOARD Rob Spence Chief Executive Officer Christine Jones Executive Assistant 1 23 John Hennessy Sector Development Consultant A l i s o & Secretary Governance Trevor Koops Senior Economist Gavin Mahoney Senior Project Officer 5 General Counsel 22 Stillwell n L y o n K i m 1 2 S u p p o r t b e r l e y & O f f i c e r 4 C o r p o r a t e L e g a l 13 Kaye Owen Research & Policy Director Paula Giles Strategic Programs & Commercial Director 19 Allan Holmes Finance & Insurance Consultant Alison Standish Corporate Services Manager Rosemary Hancock Policy Adviser John Smith Claims Adviser Imogen Kelly Senior Adviser Corporate Communications 13 6 Jennifer Thompson Public Health & Wellbeing Project Debbie Smith Senior Communications Adviser 35 Liz Johnstone Planning Policy & Projects Manager 16 38 Jan Bruce Positive Ageing Project 40 41 Andrew Rowe Councillor Development Officer Clare Hargreaves Social Policy Manager Naree Atkinson Policy Adviser 24 27 MAV TEAM Emma Fitzclarence Policy Adviser 33 18 Helen Rowe Maternal & Child Health Project Jodie Delaney Events Coordinator 9 Simone Stuckey Assoc. of Bayside Municipalities & Timber Towns Victoria 37 Tony Gibbs Broadband Project 2 Luke Murphy Skye Holcolmbe Natural Resource Policy Adviser Management Project 10 Con Pagonis Multicultural Project Janine Kleynhans Website Development Project 34 Sally Everitt Michelle Early Years Project Croughan Planning Project Officer 26 Michael Green Electronic Records Officer Ben Morris Energy & Waste Project 17 30 Maxine Morrison Small Towns Project Ann Tok Events Coordinator 7 11 21 Lance King Emergency Management Project Max Fonovic Marketing Manager MAV Procurement Steve Pascoe Fire Management Project Brendan O'Loughlin LGICT Committee 31 Simon Morgan Finance & Insurance Officer Geoff Pawsey Workforce & Risk Manager Derryn Wilson HACC Project 20 14 8 Elizabeth Jackson VicLink Nicola Wood Disability Access & Inclusion Project Rod Mummery IT Coordinator 28 15 May Yin Posarnig Accounts Officer 36 John Ryan Corporate Administrative Officer 29 Rebecca Watkins Administration Officer 3 Part time staff Contractor Grant funded 34> MAV ANNUAL REPORT 2008/09 MAV TEAM 34 35 36 4 5 7 6 8 14 9 15 20 24 37 38 22 26 30 23 27 31 39 12 18 21 25 29 11 17 16 19 24 10 28 32 40 33 41 MAV ANNUAL REPORT 2008/09 MAV TEAM >35 MAV Operations Human Resources The MAV retains a mix of staff and consultants to advocate the interests of its member councils, raise the sector’s profile, provide advice and capacity building programs to support council activities and supply insurance and procurement services to councils. In 2008/09 the staffing profile of the MAV included: > 34 staff (27 full-time and seven part-time) funded from membership subscriptions. These staff focus on delivering the MAV Strategic Work Plan ratified by State Council and provide policy support, advice to councils, capacity-building programs, and support the representation of Victorian local government views to the State and Federal governments and other key groups > 12 staff (nine full-time and three part-time) funded from State and Federal government grants or external organisations to deliver specific projects and programs and support to Victorian councils > Nine specialist consultants who supplement the skills of staff and provide support in areas such as insurance, financial management, business development, information technology and policy advice. Seven staff left the organisation during the year; one after the grant funded project finished and the others moved on to new career opportunities. These positions were filled though recruitment or reorganisation. To improve the flow of information to staff and efficiency of the MAV payroll systems, the MAV implemented an online service providing staff immediate access to their pay-slips, a leave calculator and the ability to submit leave forms electronically, saving time and resources. 36> MAV ANNUAL REPORT 2008/09 MAV OPERATIONS Events A new online system was developed and implemented this year to replace cumbersome paper based systems for managing registration and payments for MAV events. The new system allows for registration to free events, a range of payment options including councillor development credit points, deferring payment and multiple discount options and has low ongoing costs. Since the implementation of the system, cash flow and arrears management have greatly improved. Several major conferences took place in 2008/09 including the Councillor Development Weekend, MAV Annual Conference, two meetings of State Council and the Future of Local Government Summit, as well as more topic specific conferences covering information and communication technology, asset management, human resources and risk management. A small team delivers these major events and provides support to many smaller forums and training opportunities. MAV events are designed to foster collaboration, disseminate information and engender innovation in the delivery of council services. Often organised in conjunction with special interest group committees, MAV events seek to reflect the needs of councils and to focus on topics of strategic relevance. Sponsorship is sought to offset the costs of councils attending events. In 2008/09 $500,000 was raised to subsidise events. Video Conferencing Following a resolution of State Council the MAV set out to examine the effectiveness and viability of installing video-conferencing facilities for communication between councils and the MAV for meetings and training. A survey and workshop were conducted and discussions held with councils to determine requirements and evaluate technical solutions that best suit the MAV and councils’ needs. The requirements identified informed the specifications for a tender for telecommunications services on behalf of 26 councils. Website redevelopment The MAV commenced a redevelopment of its website to improve delivery of the information and communication needs of councils and support collaboration between councils. Special attention was given to user needs during the research phase of the project. Banyule City Council and Mornington Peninsula Shire Council participated in the research through a series of one-on-one interviews and testing with a cross section of staff. Councillors and council officers were invited to provide feedback via an online survey and website analytics were assessed to determine the priority information needs of various member profiles. Municipality The MAV launched a new magazine this year focused on sharing councils’ success stories so that other councils can learn from the experiences of those councils who encounter the same challenges, problems and issues and direct their energies to adapting already tested ideas to local needs. Municipality is produced under contract by a publishing house that is responsible for writing, editing, designing, producing and distributing the magazine. Advertising is sold to cover the production and distribution costs associated with the magazine under strict guidelines agreed and sealed under contract between the MAV and the publisher. Media coverage Understanding the financial constraints and cost pressures facing local government is an ongoing focus of media activities for the MAV. In 2008/09 widespread print, radio and TV media coverage was achieved to inform communities about council rates, how property revaluations impact on ratepayers, growth in council service delivery costs, failure of government funding to keep pace with costs and the need to repair ageing infrastructure. The MAV’s transparent approach has resulted in more balanced media reporting, including a story on A Current Affair that provided a factual explanation about revaluations not increasing the amount councils collect in rates. In the wake of the global financial crisis, councils’ investment practices came under intense media scrutiny, particularly those who suffered losses in the US subprime mortgage market through collateralised debt obligations (CDO). The MAV mounted a strong defensive campaign to rebut incorrect reports about Victorian councils, given CDO investments are not allowed under Victoria’s strict investment policy. Following a particularly damning media report falsely naming individual municipalities, the MAV’s advocacy resulted in corrections and apologies being printed in two key daily newspapers. A media advocacy campaign initiated by the MAV in the days leading up to a meeting of the Council of Australian Governments (COAG) achieved extensive media coverage including a front page exclusive in The Age highlighting that proposed funding reforms to home and community care could adversely affect Victorian recipients. Combined with direct representations to both Federal and State ministers, the MAV was successful in COAG deferring its decision, agreeing to consult with local government and establish a working group to review councils’ concerns. Emissions reductions The MAV participated in a three month trial to reduce its electricity consumption resulting in greenhouse gas and financial savings. Timers were installed on printers, shredders and the hot water service eliminating unnecessary overnight energy use. Fluorescent lamps along corridors and near areas of natural light were removed. Staff were encouraged to turn their computers off at the wall overnight and signage was put in place to remind staff to turn off lights in meeting rooms when not in use. These actions resulted in a reduction of electricity consumption of 15 per cent, equating to 315,000 black balloons or 15 tonnes of CO2e greenhouse gas emissions per year. Plans are also under development to provide shower and storage facilities at the MAV offices to encourage more staff to cycle to work. The collapse of ABC Learning Centres provided widespread opportunity for the MAV to comment in the media about the importance of local government and other not-for-profit childcare services, and the need for national policy reforms. Other media coverage achieved included positive stories highlighting councils’ bushfire response and recovery efforts, and a vigorous defence of the role of councils in planning permit decisionmaking processes following numerous State Government interventions that stripped councils of some of their powers and reduced rights for community input. MAV ANNUAL REPORT 2008/09 MAV OPERATIONS >37 MAV Representatives Council Alpine Shire Council Representative Cr Nino Mautone Council Maribyrnong City Council Representative Cr Michael Clarke Ararat Rural City Council Cr Gwenda Allgood Maroondah City Council Cr Peter Gurr Ballarat City Council Cr Noel Perry Melbourne City Council Cr Peter Clarke Banyule City Council Cr Jenny Mulholland Melton Shire Council Cr Kathy Majdlik Bass Coast Shire Council Cr John Duscher Mildura Rural City Council Cr Glenn Milne Baw Baw Shire Council Cr Ruth McGowan Mitchell Shire Council Cr Bill Melbourne Bayside City Council Cr James Long Moira Shire Council Cr David McKenzie Benalla Rural City Council Cr Bill Hill Monash City Council Cr Geoff Lake Boroondara City Council Cr Coral Ross Moonee Valley City Council Cr John Sipek Brimbank City Council Cr Tran Siu Moorabool Shire Council Cr Thomas Sullivan Buloke Shire Council Cr Reid Mather Moreland City Council Cr Enver Erdogan Campaspe Shire Council Cr Neil Repacholi Mornington Peninsula Shire Council Cr Bill Goodrem Cardinia Shire Council Cr Bill Pearson Mount Alexander Shire Council Cr Philip Schier Casey City Council Cr Kevin Bradford Moyne Shire Council Cr Ken Gale Central Goldfields Shire Council Cr John Smith Murrindindi Shire Council Cr Lyn Gunter Colac Otway Shire Council Cr Stephen Hart Nillumbik Shire Council Cr Helen Coleman Corangamite Shire Council Cr Ruth Gstrein Northern Grampians Shire Council Cr Kevin Erwin Darebin City Council Cr Diana Asmar Port Phillip City Council Cr Frank O’Connor East Gippsland Shire Council Cr Jane Rowe Pyrenees Shire Council Cr Robert Vance Frankston City Council Cr Brad Hill Queenscliffe Borough Council Cr Bob Merriman Gannawarra Shire Council Cr Keith den Houting South Gippsland Shire Council Cr James Fawcett Glen Eira City Council Cr Margaret Esakoff Southern Grampians Shire Council Cr Marcus Rentsch Glenelg Shire Council Cr Geoff White Stonnington City Council Cr John Chandler Golden Plains Shire Council Cr David Cotsell Strathbogie Shire Council Cr Howard Myers Greater Bendigo City Council Cr Rod Fyffe Surf Coast Shire Council Cr Joe Remenyi Greater Dandenong City Council Cr Peter Brown Swan Hill Rural City Council Cr Gary Norton Greater Geelong City Council Cr Jan Farrell Towong Shire Council Cr Peter Joyce Greater Shepparton City Council Cr Jenny Houlihan Wangaratta Rural City Council Cr Ron Webb Hepburn Shire Council Cr Bill McClenaghan Warrnambool City Council Cr Michael Neoh Hindmarsh Shire Council Cr Michael Gawith Wellington Shire Council Cr Jeff Amos Hobsons Bay City Council Cr Angela Altair West Wimmera Shire Council Cr Bruce Meyer Horsham Rural City Council Cr Bernard Gross Whitehorse City Council Cr Mark Lane Hume City Council Cr Ros Spence Whittlesea City Council Cr Sam Alessi Indigo Shire Council Cr Larry Goldsworthy Wodonga City Council Cr Lisa Mahood Kingston City Council Cr Arthur Athanasopoulos Wyndham City Council Cr Cynthia Manson Knox City Council Cr Joe Cossari Yarra City Council Cr Jane Garrett Latrobe City Council Cr Bruce Lougheed Yarra Ranges Shire Council Cr Len Cox Loddon Shire Council Cr Allen Brownbill Yarriambiack Shire Council Cr Andrew McLean Macedon Ranges Shire Council Cr John Letchford Manningham City Council Cr Geoffrey Gough Mansfield Shire Council Cr Tom Ingpen 38> MAV ANNUAL REPORT 2008/09 MAV REPRESENTATIVES Committees MAV Advisory Groups The MAV Management Committee has established a number of advisory groups to provide advice in the following areas: Other MAV Committees The MAV has also established and supported several other committees across major policy areas and projects, including: MAV HUMAN SERVICES ADVISORY GROUP MAV PROFESSIONAL DEVELOPMENT REFERENCE GROUP Provides advice on social policy and human services issues. The committee also facilitates consultation with regional groupings of councils on current statewide issues. MAV PLANNING ADVISORY GROUP Provides advice on strategic and statutory planning issues affecting local government and guides MAV policy and position development on planning related issues. MAV ENVIRONMENT ADVISORY GROUP Provides advice on environment issues of importance to local government and the needs and issues of members for delivery of environment outcomes. MAV TRANSPORT AND INFRASTRUCTURE ADVISORY GROUP Provides advice on infrastructure and transport issues affecting local government and assists the MAV to carry forward key policies and campaigns in this area. Provides advice on the MAV’s professional development program for councillors, identifies ongoing areas of need within the sector to be addressed, and encourages participation of colleagues in the MAV professional development program. MAV INFORMATION AND COMMUNICATION TECHNOLOGY COMMITTEE Plans, coordinates and supports information and communication technology initiatives that deliver better council services and reduce costs. MAV VICTORIAN LOCAL SUSTAINABILITY NETWORK Brings together councils and stakeholders actively pursuing local sustainability approaches. MAV ECOLOGICALLY SUSTAINABLE DEVELOPMENT ADVOCACY GROUP Advises the MAV and shares information on reducing the environmental impacts of the built environment. MAV HACC AND AGEING ADVISORY GROUP Guides the MAV on issues relating to government ageing policies, Home and Community Care and related aged programs, and positive ageing issues. MAV SWIFT CONSORTIUM MANAGEMENT GROUP Manages the ongoing implementation of shared library services contracts and policies. MAV/DHS TOBACCO ADVISORY COMMITTEE Advises the MAV and the Department of Human Services on funding arrangements between State and local government for tobacco enforcement and education measures. MAV LOCAL GOVERNMENT INDIGENOUS NETWORK Brings councils together to share ideas and information for improving relations with Victoria’s Indigenous communities. MAV LOCAL GOVERNMENT DRUG ISSUES FORUM Brings councils together to share ideas and information for improving responses to drug use in our communities. MAV WORKFORCE PLANNING AND SERVICES ADVISORY GROUPS (METROPOLITAN AND RURAL) Advises on initiatives to address key strategic and operational issues affecting the sector in workforce planning. MAV DISABILITY INCLUSION STRATEGY GROUP Guides the MAV on issues relating to disability access and inclusion policies and programs. MAV EARLY YEARS ADVISORY GROUP Guides the MAV on issues relating to early years policy and service provision and planning. MAV ANNUAL REPORT 2008/09 COMMITTEES >39 External Committees As the peak body for local government, the MAV is regularly invited by the Victorian and Federal governments and various agencies to represent the sector on a range of committees. In 2008/09, these committees included: MAV/Department of Education and Early Childhood Development Maternal and Child Health Services Improvement Implementation Advisory Group MAV/Department of Human Services Food Safety Coordination Project Steering Committee Animal Welfare Advisory Committee Metropolitan Fire and Emergency Services Board Association of Bayside Municipalities Metropolitan Local Government Waste Forum Association of Regional Waste Management Groups Metropolitan Transport Forum Better Bays and Waterways Steering Committee Ministerial Planning and Environment Act Review Expert Advisory Group Broiler Code Committee Ministerial Utilities Infrastructure Reference Panel Building Regulation Advisory Committee Bus Service Review Reference Group Business Skills Victoria Board Catchment Management Authority Local Government Coordinators Network Central Region Sustainable Water Strategy Consultative Committee Clearwater Steering Committee Community Services and Health Industry Training Board Country Fire Authority Board Customer Consultative Committee, Essential Service Commission Development Assessment Forum Department of Human Services Partnership Implementation Committee Department of Primary Industries Drought Reference Group Ministerial Advisory Council on Public Libraries Municipal Emergency Management Enhancement Group Municipal Emergency Management Plan Audit Committee National Packaging Covenant Council North East Environment Network Northern Biodiversity Network Office for Children Early Childhood Development Advisory Group Public Transport Access Committee Railway Crossing Project Delivery Committee Railway Crossing Technical Group Committee Regional Greenhouse Alliance and Stakeholders Network Ride to School Steering Committee Road Safety Reference Group Road Safety Conference Committee Department of Transport Maintaining Mobility Steering Group Road Transport Advisory Committee Domestic Animal Management Implementation Committee Saferoads Partnership Rural Workforce Agency Victoria State Fire Management Planning Executive Committee State Flood Policy Committee State Flood Strategy Committee State Library Advisory Committee on Public Libraries State Natural and Built Environment Recovery Planning Committee State Social, Health and Community Recovery Committee Timber Towns Victoria VicRoads Board (Roads Corporation Advisory Board) Victorian Bushfire Reconstruction and Recovery Authority Interagency Taskforce Victorian Childcare Industry Liaison Group Victorian Children’s Council Victorian Emergency Management Council Victorian Food Safety Council Victorian Freight Logistics Council Victorian Jurisdictional Projects Group for the National Packaging Covenant Victorian Litter Action Alliance Advisory Group Victorian Local Government Disability Planners’ Network Victorian Local Government Multicultural Issues Network Victorian Local Sustainability Accord Committee Victoria Rail Crossing Safety Steering Committee Victorian Rail Industry Environmental Forum Victorian Road Based Public Transport Advisory Committee South West (Corangamite) Environment Network Victorian Road Freight Advisory Council E-planning Council Flood Warning Consultative Committee Victoria Standing Committee on Local Government and Cultural Diversity Victorian Spatial Council Future Coasts: Preparing Victoria’s Coasts for Climate Change Steering Committee State Emergency Mitigation Committee Infringements Standing Advisory Committee State Emergency Recovery Planning Committee Victorian Settlement Planning Committee Victorian Speed Limit Advisory Group Victorian Sustainable Public Lighting Action Group Vision Super Board Local Government Natural Resource Management Facilitator Network State Emergency Relief Sub-committee State Emergency Strategy Team White Paper for Land and Biodiversity Stakeholders Reference Group Local Government Working Group on Gambling State Fire Management Planning Committee Women’s Participation in Local Government Coalition 40> MAV ANNUAL REPORT 2008/09 COMMITTEES Civic Mutual Plus Members Alpine Shire Council Goulburn Valley Region Water Corporation Moyne Shire Council Ararat Rural City Council Goulburn Valley Regional Library Corporation Municipal Association of Victoria Ballarat City Council Goulburn-Murray Rural Water Corporation Murrindindi Shire Council Banyule City Council Grampians Wimmera Mallee Water Corporation Nillumbik Shire Council Bass Coast Shire Council Greater Bendigo City Council North Central Goldfields Library Service Baw Baw Shire Council Greater Geelong City Council North East Region Water Corporation Bayside City Council Greater Shepparton City Council Northern Grampians Shire Council Benalla Rural City Council Hepburn Shire Council Northern Midlands Council Boroondara City Council Hindmarsh Shire Council Port Phillip City Council Break O’Day Council Hobart City Council Pyrenees Shire Council Brighton Council Hobart Regional Water Authority Queenscliffe Borough Council Brimbank City Council Hobsons Bay City Council Rivers and Water Supply Commission Buloke Shire Council Horsham Rural City Council Sorell Council Burnie City Council Hume City Council South Gippsland Region Water Corporation Campaspe Shire Council Huon Valley Council South Gippsland Shire Council Cardinia Shire Council Indigo Shire Council Southern Grampians Shire Council Casey City Council Kentish Council Southern Midlands Council Central Coast Council King Island Council Southern Rural Water Corporation Central Gippsland Region Water Corporation Kingborough Council Strathbogie Shire Council Central Goldfields Shire Council Kingston City Council Surf Coast Shire Council Central Highlands Council Knox City Council Swan Hill Rural City Council Central Highlands Region Water Corporation Latrobe City Council Tasman Council Circular Head Council Latrobe Council Towong Shire Council Clarence City Council Launceston City Council Victorian Water Industry Association Inc. Colac Otway Shire Council Local Government Association of Tasmania Wangaratta Rural City Council Coliban Region Water Corporation Loddon Shire Council Wannon Region Water Corporation Corangamite Shire Council Lower Murray Urban and Rural Water Corporation Waratah-Wynyard Council Cradle Coast Water Authority Darebin City Council Macedon Ranges Shire Council Derwent Valley Council Manningham City Council Devonport City Council Mansfield Shire Council Dorset Council Maribyrnong City Council East Gippsland Region Water Corporation Maroondah City Council East Gippsland Shire Council Meander Valley Council Eastern Regional Libraries Corporation Melbourne City Council Esk Water Authority Melton Shire Council Flinders Council Mildura Rural City Council Frankston City Council Mitchell Shire Council Whitehorse Manningham Regional Library Corporation Gannawarra Shire Council Moira Shire Council Whittlesea City Council George Town Council Monash City Council Wodonga City Council Glamorgan/Spring Bay Council Moonee Valley City Council Wyndham City Council Glen Eira City Council Moorabool Shire Council Yarra City Council Glenelg Shire Council Moreland City Council Yarra Plenty Regional Library Service Glenorchy City Council Mornington Peninsula Shire Council Yarra Ranges Shire Council Golden Plains Shire Council Mount Alexander Shire Council Yarriambiack Shire Council Warrnambool City Council Wellington Shire Council West Coast Council West Gippsland Regional Library Service West Tamar Council West Wimmera Shire Council Western Region Water Corporation Westernport Region Water Corporation Whitehorse City Council MAV ANNUAL REPORT 2008/09 CIVIC MUTUAL PLUS MEMBERS >41 Fidelity Members Alpine Shire Council Hobsons Bay City Council Ararat Rural City Council Horsham Rural City Council Ballarat City Council Hume City Council Banyule City Council Indigo Shire Council Bass Coast Shire Council Kingston City Council Baw Baw Shire Council Knox City Council Bayside City Council Latrobe City Council Benalla Rural City Council Loddon Shire Council Boroondara City Council Lower Murray Urban and Rural Water Corporation Brimbank City Council Buloke Shire Council Cardinia Shire Council Casey City Council Central Goldfields Shire Council Central Highlands Water Corporation Citywide Service Solutions Pty Ltd Colac Otway Shire Council Coliban Region Water Corporation Corangamite Regional Library Corporation Macedon Ranges Shire Council Manningham City Council Mansfield Shire Council Maribyrnong City Council Melbourne City Council Melbourne Wholesale Fish Market Melton Shire Council Mildura Rural City Council Mitchell Shire Council Moira Shire Council Corangamite Shire Council Monash City Council Crowlands Water Supply Co-operative Moonee Valley City Council Darebin City Council Moorabool Shire Council East Gippsland Region Water Corporation Moreland City Council East Gippsland Shire Council Mornington Peninsula Shire Council Eastern Regional Libraries Mount Alexander Shire Council Frankston City Council Moyne Shire Council Gannawarra Shire Council Municipal Association of Victoria Geelong Cemeteries Trust Murrindindi Shire Council Geelong Regional Library Corporation Nillumbik Shire Council Glen Eira City Council Glenelg Shire Council Golden Plains Shire Council Goulburn Valley Region Water Corporation North East Region Water Corporation Northern Grampians Shire Council Port Phillip City Council Pyrenees Shire Council Queen Victoria Market Goulburn-Murray Rural Water Corporation Queenscliffe Borough Council Grampians Wimmera Mallee Water Corporation South Gippsland Region Water Corporation Greater Bendigo City Council South Gippsland Shire Council Greater Dandenong City Council Southern Grampians Shire Council Greater Geelong City Council Southern Rural Water Corporation Greater Shepparton City Council Strathbogie Shire Council Hepburn Shire Council Surf Coast Shire Council Hindmarsh Shire Council Swan Hill Rural City Council 42> MAV ANNUAL REPORT 2008/09 FIDELITY MEMBERS Tanjil Bren Water Co-op Ltd and Committee of Management Recreation Reserve Towong Shire Council Wangaratta Rural City Council Wannon Region Water Corporation Warrnambool City Council Wellington Shire Council West Gippsland Regional Library Corporation West Wimmera Shire Council Western Region Water Corporation Westernport Region Water Corporation Whitehorse City Council Whittlesea City Council Wodonga City Council Wyndham City Council Yarra City Council Yarra Ranges Shire Council Yarriambiack Shire Council Financial Overview Report on financial results for the year ended 30 June 2009 In accordance with the requirements of the Municipal Association Act 1907 , and applicable accounting standards, the economic activity of the Municipal Association of Victoria, the Municipal Officers’ Fidelity Guarantee Fund and Local Government Mutual Liability Insurance Scheme (Civic Mutual Plus) is reported to the members as an economic entity within the annual accounts. The combined activities are shown as the combined accounts and the Municipal Association of Victoria, being the parent entity, is shown separately as the MAV General Fund. The Association represents local government in Victoria. One of the activities of the MAV is that it seeks out, applies for, and administers grant funds for, and on behalf of its members, for the benefit of both local government and the Victorian community. This activity of the Association has been accounted for as a segment and included at note 24 in the financial statements. The MAV financial statements also include the activities of MAV Procurement, which provides a range of procurement services and training in purchasing and procurement for MAV members; and MAV Insurance, which operates the Municipal Officers’ Fidelity Guarantee Fund and the Local Government Mutual Liability Insurance Scheme (Civic Mutual Plus) for the benefit of councils and other local authorities. Both insurance activities are nondiscretionary mutual funds and are subject to the oversight of the Association’s Board of Management, which acts through a committee of management constituted by the Board, the MAV Insurance Committee (MAVIC). MAVIC carries out oversight and management of the operational activities of both the Municipal Officers’ Fidelity Guarantee Fund and Civic Mutual Plus. Jardine Lloyd Thompson Pty. Ltd provides claims and risk management services to the MAV. Municipal Association of Victoria The financial result for the MAV in 2009 was significantly impacted by several major events during the year that increased the costs of operation significantly. These events include the Victorian bushfires; Ombudsman investigation of a member council; additional costs relating to the MAV’s membership of the Australian Local Government Association; and increased councillor training activities following council elections. The MAV incurred an operating deficit for the year of $130,367 (2008 deficit $63,023). The result inclusive of grants received and expended for the 2009 year was a deficit of $360,245 (2008 $2,234,176), with net assets reducing to $6,432,199 (2008 $6,792,448). In 2009 the MAV received a further $6.224 million (2008 $7.645 million) in grants from both Federal and Victorian governments. The MAV delivered on several significant projects during the year that have been funded by grants from both Federal and Victorian governments and funds contributed from its members. These grants and contributions are managed by the MAV for the betterment of the local government sector and Victorian communities. The deficit relating to grant activities was $105,808 million for the year ended 30 June 2009 as compared to a surplus in 2008 of $2.297 million. Consequently, as at 30 June 2009, the MAV had a commitment to expend $5.31 million (2008 $5.58 million) of grant funds on projects for the betterment of local government and Victorian communities. 2008/09 was again a year of project delivery and firm cost control. The operating deficit of the combined entity was $3.024 million (2008 $10.36 million). This had the affect of increasing the net assets of the combined entity from $22.591 million in 2008 to $19.567 million this year. MAV INSURANCE The MAV Insurance business consists of Civic Mutual Plus and the Municipal Officers’ Fidelity Guarantee Fund. The Association is required under the Municipal Association Act 1907 to provide both public liability and fidelity insurance to local government and other statutory authorities. MAV Insurance is not subject to Australian Prudential Regulatory Authority (APRA) regulations. However, the MAVIC views compliance with these regulations as being good business governance and practice and has a policy of complying with several, but not all, of the APRA regulations. The MAV holds an Australian Financial Services Licence (AFSL No 27143). The MAV and MAV Insurance have AFSL-compliant processes and activities in place to maintain the highest standards of governance, provide operational efficiency and enhance the future viability of the MAV Insurance business. The combined deficit for 2009 was $2.664 million (2008 $8.122 million). The net asset position at the end of 2009 was $13.135 million (2008 $15.799 million). The 2009 year produced another strong result enabling MAV Insurance to hold contributions for the 2010 financial year at the same levels as 2009. MAV PROCUREMENT The MAV restructured its procurement activities, and MAV Procurement commenced in March 2009. The MAV believes that it can assist members in accessing significant benefits from improvements in purchasing and procurement processes and activities. The deficit for the first 4 months of operation to 30 June 2009 was $124,070. This result included the writing off of costs of establishment and development. MAV ANNUAL REPORT 2008/09 FINANCIAL OVERVIEW >43 Guide to the Financial Report Introduction The financial report is a key part of the MAV’s Annual Report. It shows how the MAV performed financially during the 2008/09 financial year and the position at the end of the financial year (30 June 2009). Components of the Financial Report The financial report contains three main sections: the financial statements, the notes to the financial statements and the statements by the directors and auditor. The financial report is presented in accordance with the Australian Accounting Standards and the recommendations of the Urgent Issues Group. The financial statements consist of three main statements: income statement, balance sheet and statement of cash flows. The MAV is a not-for-profit association that represents its members who are the 79 local government authorities around Victoria. It runs MAV Insurance which consists of Civic Mutual Plus (public liability and professional indemnity insurer) and the Municipal Officers’ Fidelity Guarantee Fund. This year the MAV also established MAV Procurement, a business unit providing procurement services and training for its members. The MAV also manages grants received from Federal and State governments for and on behalf of the local government sector. All these different interests are accounted for separately and then consolidated into the MAV Financial Report. The notes to the financial statements detail the Association’s accounting policies and set out the detailed values that are carried into the financial statements. The statements by directors and auditor provide the views of the directors of the MAV and the independent auditor on the financial report. The statement by directors confirms the view of the directors that the financial report provides a true and fair view of the financial performance, financial position and solvency of the Association. The audit report by the independent auditor expresses the auditor’s opinion on whether the financial statements present fairly the financial position of the Association as at 30 June 2009, and the results of the various business operations and cash flows for the year ended 30 June 2009, in accordance with accounting standards and other mandatory professional reporting requirements. The MAV is committed to accountability in all of its operations. It is with this in mind that this plain English guide has been developed to assist readers understand and analyse the financial report. Financial Statements 1. INCOME STATEMENT The income statement shows: > the MAV’s revenue from its various activities > the expenses incurred in running the MAV and its business activities. These expenses relate only to the business operations and do not include costs associated with the purchase of assets. The expense item ‘depreciation’ spreads the cost of the assets over the estimated life of the assets. The most important figure is the surplus for the year. Where it is positive, this means that revenues were greater than expenses. 2. BALANCE SHEET The balance sheet shows the assets the Association owns and the liabilities it owes at 30 June. The balance sheet separates the assets and liabilities into current and non-current. Current means those assets or liabilities that will be either collected or that fall due within the next 12 months. The components of the balance sheet are: 2.1 CURRENT AND NON-CURRENT ASSETS Cash assets include cash held in the bank, petty cash, cash deposits and cash investments. Receivables are monies owed to the Association. Prepayments are payments made in the current financial year which relate to the next financial year. For example, annual subscriptions etc. Property, plant and equipment represents the value of the equipment, furniture and fittings, computers, web site and intranet and motor vehicles owned by the Association. Intangible assets are trademarks, educational programs and other intellectual property owned by the Association. 2.2 CURRENT AND NON-CURRENT LIABILITIES Bank overdraft indicates the amount the Association owes its bankers on its daily operating account. Payables are monies owed by the Association to its suppliers as at 30 June. Premiums in advance are insurance premiums relating to the next financial year billed to members of the insurance fund before 30 June. 44> MAV ANNUAL REPORT 2008/09 GUIDE TO THE FINANCIAL REPORT Provision for employee entitlements is the accounting term for annual leave, long service leave and retirement gratuities owed to staff. Provision for claims outstanding represents insurance claims reported by members together with an estimate of claims incurred but not yet reported including an estimate of the costs of settlement for these claims. 2.3 NET ASSETS This term describes the difference between total assets and total liabilities. It represents the net worth of the Association as at 30 June. 3. STATEMENT OF CASH FLOWS The statement of cash flows summarises cash payments and cash receipts for the year. The values may differ from those shown in the income statement because the income statement is prepared on an accrual basis. Notes To The Financial Statements To enable the reader to understand the basis on which the values shown in the statements are established it is necessary to provide details of the Association’s accounting policies. These are described in note 2. Apart from the accounting policies, the notes also give details behind many of the summary figures contained in the statements. The note numbers are shown beside the relevant items in the income statement, balance sheet and the statement of cash flows. Where the Association wishes to disclose information which cannot be incorporated into the statements, this is shown in the notes. The notes should be read at the same time as the financial statements in order to get a full and clear picture of the financial statements. Statements by Directors The statement by directors is made by two directors on behalf of the Management Committee of the Municipal Association of Victoria. The statement states that in the opinion of the Management Committee the financial statements present a true and fair view of the operations of the Association and that the Association can pay its debts as and when they fall due. Independent Audit Report This report is the independent auditor’s opinion on the financial statements. It provides the reader of the financial statements a completely independent opinion of the financial statements of the Association. The opinion covers all statutory and accounting standards compliance requirements as well as providing a view on the truth and fairness of the financial statements. Cash is derived from, and is used in, two main areas: 3.1 CASH FLOWS FROM OPERATING ACTIVITIES : Receipts relate to all cash received into the Association’s bank account from members and others who owed money to the Association in the form of fees or premiums. Receipts also include interest earned from the Association’s cash investments. It does not include receipts from the sale of assets. Payments relate to all cash paid out of the Association’s bank account to staff, creditors and others. It does not include cash paid for the purchase of assets. 3.2 CASH FLOWS FROM INVESTING ACTIVITIES This relates to cash receipts and cash payments resulting from either the sale or purchase of property, plant and equipment. The statement of cash flows concludes with cash at end of year which indicates the cash the Association has at 30 June to meets its debts and liabilities. MAV ANNUAL REPORT 2008/09 GUIDE TO THE FINANCIAL REPORT >45 Glossary AFSL Australian Financial Services Licence ALGA Australian Local Government Association CDO Collateralised Debt Obligations CMP Civic Mutual Plus COAG Council of Australian Governments CPRS Carbon Pollution Reduction Scheme LGAT Local Government Association of Tasmania MAVIC Municipal Association of Victoria Insurance Committee VCAT Victorian Civil and Administrative Tribunal 46> MAV ANNUAL REPORT 2008/09 GLOSSARY Financial Report 08/09 MAV FINANCIAL REPORT 2008/09 >47 Income statement for the year ended 30 June, 2009 COMBINED NOTE REVENUE EXPENSES 2009 MAV - GENERAL FUND 2008 $ $ 2009 $ 2008 $ 4 59,365,282 61,242,167 12,938,192 13,522,011 5(b) 62,389,871 50,886,143 13,298,437 11,287,835 3 (3,024,589) 10,356,024 NET SURPLUS/(DEFICIT) (360,245) 2,234,176 Balance sheet as at 30 June, 2009 COMBINED NOTE 2009 $ MAV - GENERAL FUND 2008 $ 2009 $ 2008 $ CURRENT ASSETS Cash and cash equivalents Receivables 9(a) 32,443,932 26,922,735 7,153,248 7,321,524 10, 2(g) 35,870,892 35,223,935 1,443,294 871,945 101,366 120,106 101,366 120,106 68,416,190 62,266,776 8,697,908 8,313,575 Prepayments TOTAL CURRENT ASSETS NON-CURRENT ASSETS Receivables 10, 2(g) 49,467,806 39,249,555 Property, plant and equipment 12, 2(i) 593,485 509,994 593,485 Intangibles 13, 2(i) 221,786 252,209 221,786 Other financial assets - TOTAL NON-CURRENT ASSETS 50,283,077 TOTAL ASSETS - 10 40,011,768 118,699,267 102,278,544 509,994 252,209 - 10 815,271 762,212 9,513,180 9,075,787 CURRENT LIABILITIES Payables 20 2,583,406 2,926,195 Premiums in advance 11 19,168,622 18,880,563 Provision for employee entitlements Provision for claims outstanding 17 14(a), 2(t) Other current liabilities TOTAL CURRENT LIABILITIES 808,686 1,103,428 - 673,121 - 673,121 527,649 20,352,000 17,529,018 527,649 1,315,845 377,605 1,315,845 377,605 44,092,994 40,241,030 2,797,652 2,008,682 156,903 18,962 - - NON-CURRENT LIABILITIES Provision for employee entitlements Provision for claims outstanding 17 14(a), 2(t) Other non-current liabilities 18,962 54,756,229 39,147,056 156,903 - - 264,367 142,251 264,367 117,754 TOTAL NON-CURRENT LIABILITIES 55,039,558 39,446,210 283,329 274,657 TOTAL LIABILITIES 99,132,552 79,687,240 3,080,981 2,283,339 NET ASSETS 19,566,715 22,591,304 6,432,199 6,792,448 EQUITY 19,566,715 22,591,304 6,432,199 6,792,448 The accompanying notes form an integral part of these statements. 48> MAV FINANCIAL REPORT 2008/09 Statement of changes in equity for the year ended 30 June, 2009 COMBINED NOTE 2009 MAV - GENERAL FUND 2008 $ $ 2009 2008 $ $ RETAINED EARNINGS Balance at beginning of year 22,591,304 12,235,280 6,792,444 4,558,272 Surplus from ordinary activities (3,024,589) BALANCE AT END OF YEAR 19,566,715 10,356,024 (360,245) 2,234,176 22,591,304 6,432,199 6,792,448 Combined statement of cash flows for the year ended 30 June, 2009 COMBINED NOTE 2009 $ MAV - GENERAL FUND 2008 $ 2009 2008 $ $ CASH FLOW FROM OPERATING ACTIVITIES RECEIPTS Subscriptions, grants and fees Investment income Reinsurance and other recoveries 38,827,233 41,908,220 16,246,033 15,734,169 1,569,209 864,406 381,873 287,954 13,808,690 16,103,200 - - PAYMENTS Suppliers (34,451,201) (42,110,794) (16,566,605) (13,073,156) Claim payments (14,003,157) (16,098,333) NET CASH (USED IN)/PROVIDED BY OPERATING ACTIVITIES 9(b) 5,750,774 666,699 61,301 2,948,967 CASH FLOW FROM INVESTING ACTIVITIES Proceeds from sale of fixed assets 241,399 62,640 241,399 Payments for fixed assets and intangibles (292,217) 62,640 (358,317) (292,217) (358,317) NET CASH USED IN INVESTING ACTIVITIES (229,577) (116,918) (229,577) (116, 918) NET (DECREASE)/INCREASE IN CASH HELD Cash at beginning of year CASH AT END OF YEAR 9(a) 5,521,197 549,781 (168,276) 2,832,049 26,922,735 26,372,954 7,321,524 4,489,475 32,443,932 26,922,735 7,153,248 7,321,524 The accompanying notes form an integral part of these statements. MAV FINANCIAL REPORT 2008/09 >49 Notes to and forming part of the financial statements for the year ended 30 June 2009 1. CORPORATE INFORMATION The combined financial report of Municipal Association of Victoria for the year ended 30 June 2009 was authorised for issue in accordance with a resolution of the directors on the date shown on the attached Statement by Directors. The Municipal Association of Victoria is an association incorporated by an Act of the Parliament of Victoria, Australia, known as the Municipal Association Act 1907. The nature of the operations and principal activities of Municipal Association of Victoria are: - to provide a public liability insurance scheme for local government - to provide fidelity insurance for local government - to promote the efficient carrying out of municipal government throughout the State of Victoria and watch over and protect the interests, rights and privileges of municipal corporations - to serve the interests of the Victorian community. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (a) Basis of preparation The financial report is a general purpose financial report which has been drawn up in accordance with Australian Accounting Standards, Mandatory Professional Reporting Requirements (Urgent Issues Group Interpretations) and other relevant requirements. The principal accounting policies adopted in preparing the financial report are stated to assist in a general understanding of the financial report. Accounting policies have been consistently applied unless otherwise indicated. The financial report is presented in Australian dollars. The accounts have been prepared on the accruals basis using historical costs and, except where stated, do not take into account current valuations of assets. (b) Statement of compliance The financial report complies with Australian accounting standards, which include Australian equivalents to International Financial Reporting Standard (AIFRS). Compliance with AIFRS ensures that the financial report, comprising the financial statements and notes thereto, complies with International Financial Reporting Standards (IFRS). (c) Adoption of new accounting standard The Association has adopted AASB 7 Financial Instruments; Disclosures and all consequential amendments which became applicable on 1 January 2007. The adoption of this standard has only affected the disclosure in these financial statements. There has been no effect on profit and loss or the financial position of the Association or any of its divisions. (d) Principles of the combined entity The economic entity comprises the financial report of Municipal Association of Victoria and its controlled entities the Local Government Mutual Liability Insurance Scheme (trading as Civic Mutual Plus, - CMP), The Municipal Officers’ Fidelity Guarantee Fund and MAV Procurement. A controlled entity is any entity controlled by Municipal Association of Victoria (Incorporated under the Municipal Association Act 1907). Control exists where Municipal Association of Victoria has the capacity to dominate the decision-making in relation to the financial and operating policies of another entity so that the other entity operates with Municipal Association of Victoria to achieve the objectives of Municipal Association of Victoria. The effects of all transactions between entities in the combined entity have been eliminated. The financial statements of the divisions are prepared for the same reporting period as the Municipal Association of Victoria, using consistent accounting policies. All interdivisional balances and transactions, including unrealised profits arising from intra-divisional transactions, have been eliminated in full. Unrealised losses are eliminated unless costs cannot be recovered. The equity in the insurance businesses of Civic Mutual Plus and The Municipal Officers Fidelity Guarantee Fund represent the assets of the members of each of the insurance mutuals and are not available to the members of the Association. (e) Income tax The Association is exempt from income tax, in accordance with sections 50-10 and 50-25 of the Income Tax Assessment Act 1997. (f) Cash and cash equivalents Cash and cash equivalents in the balance sheet comprise cash at bank and in hand and short-term deposits with an original maturity of three months or less that are readily convertible to known amounts of cash and which are subject to an insignificant risk of changes in value. For the purposes of the Cash Flow Statement, cash and cash equivalents consist of cash and cash equivalents as defined above, net of outstanding bank overdrafts. Bank overdrafts are included within interest-bearing loans and borrowings in current liabilities on the balance sheet. 50> MAV FINANCIAL REPORT 2008/09 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 (g) Trade and other receivables Trade receivables, which generally have 30-60 day terms, are recognised initially at fair value and subsequently measured at amortised cost using the effective interest method, less an allowance for impairment. Collectability of trade receivables is reviewed on an ongoing basis at an operating unit level. Individual debts that are known to be uncollectible are written off when identified. An impairment provision is recognised when there is objective evidence that the Group will not be able to collect the receivable. Financial difficulties of the debtor, default payments or debts more than 60 days overdue are considered objective evidence of impairment. The amount of the impairment loss is the receivable carrying amount compared to the present value of estimated future cash flows, discounted at the original effective interest rate. (h) Trade and other payables Trade and other payables are carried at amortised cost and due to their short term nature they are not discounted. They represent liabilities for goods and services provided to the Group prior to the end of the financial year that are unpaid and arise when the Group becomes obliged to make future payments in respect of the purchase of these goods and services. The amounts are unsecured and are usually paid within 30 days of recognition. (i) Property, plant, equipment, trademarks and intellectual property Plant and equipment, trademarks and intellectual property are carried at cost, less where applicable, any accumulated depreciation or amortisation and any impairment value. On disposal of an item of property, plant, equipment, trademarks and intellectual property the difference between the sales proceeds and the carrying amount of the asset is recognised as a gain or loss. The depreciable amount of all fixed assets including buildings and capitalised leased assets are depreciated/amortised on a straight line basis over their estimated useful lives to the entity commencing from the time the asset is held ready for use. Leasehold improvements are depreciated over the shorter of either the unexpired period of the lease or the estimated useful lives of the improvements. THE FOLLOWING DEPRECIATION RATES ARE IN USE: ANNUAL RATE Leasehold improvements at cost 20% Furniture and equipment at cost 20 - 33% Motor vehicles at cost 20% Interactive communications system at cost 33% INTANGIBLE ASSETS Intangible assets (computer software, trademarks and intellectual property) acquired separately or in a business combination are initially measured at cost. The cost of an intangible asset acquired in a business combination is its fair value as at the date of acquisition. Following initial recognition, intangible assets are carried at cost less any accumulated amortisation and any accumulated impairment losses. Internally generated intangible assets, excluding capitalised development costs, are not capitalised and expenditure is recognised in profit or loss in the year in which the expenditure is incurred. The useful lives of intangible assets are assessed to be either finite or indefinite. Intangible assets with finite lives are amortised over the useful life and tested for impairment whenever there is an indication that the intangible assets may be impaired. The amortisation period and the amortisation method for an intangible asset with a finite life are reviewed at least at each financial year-end. Changes in the expected useful life or the expected pattern of consumption of future economic benefits embodied in the asset are accounted for prospectively by changing the amortisation period or method, as appropriate, which is a change in the accounting estimate. The amortisation expense on intangible assets with finite lives is recognised in profit or loss in the expense category ‘Amortisation.’ The Association does not have any intangible assets with indefinite useful lives. IMPAIRMENT The carrying amount of property, plant, equipment, trademarks and intellectual property is reviewed annually by directors to ensure it is not in excess of the recoverable amount from those assets. The recoverable amount is assessed on the basis of the expected net cash flows that will be received from the assets’ employment and subsequent disposal. The expected net cash flows have not been discounted to present values in determining the recoverable amounts. MAV FINANCIAL REPORT 2008/09 >51 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 (j) Leases A distinction is made between finance leases which, effectively transfer from the lessor to the lessee substantially all the risks and benefits incidental to ownership of the leased property, without transferring the legal ownership, and operating leases under which the lessor effectively retains substantially all the risks and benefits. Where assets are acquired by means of finance leases, the present value of minimum lease payments is established as an asset at the beginning of the lease term and amortised on a straight line basis over the expected economic life. A corresponding liability is also established and each lease payment is allocated between such liability and interest expense. Operating lease payments are charged to expense on a basis which is representative of the pattern of benefits derived from the leased property. Lease incentives received under operating leases are recognised as a liability. (k) Employee entitlements The following liabilities arising in respect of employee entitlements (note 17) are measured at their nominal amounts: wages and salaries, annual leave and sick leave regardless of whether they are expected to be settled within twelve months of balance date. Other employee entitlements are expected to be settled within twelve months of balance date. All other employee entitlements, including long service leave, are measured at the present value of the estimated future cash outflows in respect of services provided up to balance date. Liabilities are determined after taking into consideration estimated future increase in wages and salaries and past experience regarding staff departures. Related on-costs are included. Contributions made to an employee superannuation fund are charged as expenses when incurred. (l) Revenue recognition Interest revenue - Interest revenue is recognised on a time-proportionate basis that takes into account the effective yield on the financial asset. Grant revenue - Grants are recognised as revenue when the Association obtains control over the assets comprising the contribution. Control over the grants is normally obtained upon their receipt or upon prior notification that a grant has been secured. Subscriptions and sponsorships - Subscriptions and sponsorships are recognised on an accrual basis. (m) Investment income Investment income consists of interest which is recognised on a time-proportionate basis that takes into account the effective yield on the financial asset and movement in unit values in cash and fixed interest funds which are carried at fair value through the income statement. (n) Other financial assets Investments are valued at net market value at balance sheet date. (o) Comparative figures Where necessary, comparative figures have been adjusted to conform with changes in presentation in the current year. (p) Cash flows For the purposes of the statement of cash flows, cash includes cash on hand and deposits held at call with banks and investments in cash backed unit trusts net of outstanding bank overdrafts. 52> MAV FINANCIAL REPORT 2008/09 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 (q) Change in accounting policy During the 2009 financial year the MAV’s policy for accounting for councillor training points changed. Prior to 1 July 2008 councillor training points had to be used by the 30 June each or they were forfeited. In 2009 this policy changed to enable members to accumulate councillor training points including councillor training points that remained unused up to 30 June 2008. (i) Impact on current year amounts The impact of the change in accounting policy on the net surplus for the year ended 30 June 2009 is as follows: Reconciliation of net surplus COMBINED 2009 $ Net surplus before change in accounting policy (2,934,943) Change in accounting policy – councillor training points (89,646) Net deficit after change in accounting policy (3,024,589) MAV - GENERAL FUND 2009 $ (270,599) (89,646) (360,245) Reconciliation of combined income statement before the change in accounting policy and that after the changes 2009 (BEFORE) $ EFFECT OF CHANGE IN ACCOUNTING POLICY $ 2009 (AFTER) $ Revenue 59,454,928 (89,646) 59,365,282 Net Surplus (2,934,943) (89,646) (3,024,589) Reconciliation of combined balance sheet before the change in accounting policy and that after the change 2009 (BEFORE) $ TOTAL ASSETS EFFECT OF CHANGE IN ACCOUNTING POLICY $ 118,699,267 0 2009 (AFTER) $ 118,699,267 LIABILITIES Current Liabilities Other current liabilities TOTAL LIABILITIES 1,102,563 98,919,270 213,282 213,282 1,315,845 99,132,552 NET ASSETS 19,779,997 (213,282) 19,566,715 EQUITY 19,779,997 (213,282) 19,566,715 Reconciliation of MAV General Fund income statement before the change in accounting policy and that after the changes 2009 (BEFORE) $ Revenue Net Surplus 13,027,838 (270,599) EFFECT OF CHANGE IN ACCOUNTING POLICY $ (89,646) (89,646) 2009 (AFTER) $ 12,938,192 (360,245) Reconciliation of MAV General Fund balance sheet before the change in accounting policy and that after the change 2009 (BEFORE) $ TOTAL ASSETS EFFECT OF CHANGE IN ACCOUNTING POLICY $ 9,513,180 0 2009 (AFTER) $ 9,513,180 LIABILITIES Current Liabilities Other current liabilities 1,102,563 213,282 1,315,845 TOTAL LIABILITIES NET ASSETS 2,867,699 213,282 3,080,981 6,645,481 (213,282) EQUITY 6,432,199 6,645,481 (213,282) 6,432,199 MAV FINANCIAL REPORT 2008/09 >53 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 ii) Impact on prior year amounts The impact of the change in accounting policy on the net surplus for the year ended 30 June 2008 is as follows: Reconciliation of net surplus COMBINED 2008 $ Net surplus before change in accounting policy 10,479,660 Change in accounting policy – councillor training (123,636) Net surplus after change in accounting policy 10,356,024 MAV - GENERAL FUND 2008 $ 2,357,812 (123,636) 2,234,176 Reconciliation of combined income statement before the change in accounting policy and that after the changes 2008 (BEFORE) $ EFFECT OF CHANGE IN ACCOUNTING POLICY $ 2008 (AFTER) $ Revenue 61,365,803 (123,636) 61,242,167 Net Surplus 10,479,660 (123,636) 10,356,024 Reconciliation of combined balance sheet before the change in accounting policy and that after the change 2008 (BEFORE) $ TOTAL ASSETS EFFECT OF CHANGE IN ACCOUNTING POLICY $ 102,278,544 0 2008 (AFTER) $ 102,278,544 LIABILITIES Current Liabilities Other current liabilities TOTAL LIABILITIES 253,969 79,563,604 123,636 123,636 377,605 79,687,240 NET ASSETS 22,714,940 (123,636) 22,591,304 EQUITY 22,714,940 (123,636) 22,591,304 Reconciliation of MAV General Fund income statement before the change in accounting policy and that after the changes 2008 (BEFORE) $ Revenue Net Surplus EFFECT OF CHANGE IN ACCOUNTING POLICY $ 2008 (AFTER) $ 13,645,647 (123,636) 13,522,011 2,357,812 (123,636) 2,234,176 Reconciliation of MAV General Fund balance sheet before the change in accounting policy and that after the change 2008 (BEFORE) $ TOTAL ASSETS EFFECT OF CHANGE IN ACCOUNTING POLICY $ 9,075,787 0 2008 (AFTER) $ 9,075,787 LIABILITIES Current Liabilities Other current liabilities TOTAL LIABILITIES 253,969 2,159,703 123,636 123,636 377,605 2,283,339 NET ASSETS 6,916,084 (123,636) 6,792,448 EQUITY 6,916,084 (123,636) 6,792,448 54> MAV FINANCIAL REPORT 2008/09 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 SUMMARY OF ACCOUNTING POLICIES RELATING TO INSURANCE ACTIVITIES (r) Premiums Premiums comprise amounts charged to members of the Schemes for policy cover, net of amounts returned to members as bonuses. The earned portion of premiums received is recognised as revenue. Premiums are treated as earned from date of attachment of risk. The pattern of recognition over the policy is based on time, which is considered to closely approximate the pattern of risks undertaken. (s) Premiums receivable During the month of June each year, the Schemes issue premium notices to Scheme Members. The risk attaches to the premiums in the next accounting period and accordingly the revenue is recognised each following year commencing 1 July. Prior to each balance date members have committed to participate in both the scheme and the fund for the ensuing year and accordingly the premiums are disclosed in the balance sheet as ‘contributions receivable’ with an offsetting liability described as ‘contributions billed in advance.’ (t) Claims Claims-incurred expense and liability for outstanding claims are recognised in respect of direct business. The liability covers claims incurred but not yet paid, incurred but not yet reported claims, and the anticipated direct and indirect costs of settling those claims. Claims outstanding are assessed by reviewing individual claim files and estimating claims not notified and settlement costs using statistical and actuarial techniques. The liability for outstanding claims is measured as the present value of the expected future payments, reflecting the fact that all the claims do not have to be paid out in the immediate future. The expected future payments are estimated on the basis of the ultimate cost of settling claims, which is affected by factors arising during the period to settlement such as normal inflation and ‘superimposed inflation’. Advice from the MAV’s actuary has estimated normal and superimposed inflation to be 1% (2008 2%) and the discount rate at 4.75% (2008 6.7%) Superimposed inflation refers to factors such as trends in court awards, for example increases in the level and period of compensation for injury. The expected future payments are then discounted to a present value at the reporting date using discount rates based on the investment opportunities available to the organisation on the amounts of funds sufficient to meet claims as they became payable. Details of rates applied are disclosed in note 22. Claims-incurred expense has reduced from the prior year due to the impact of: (i) improved risk management practices by members, and (ii) reform to the law of tort. (u) Reinsurance and other recoveries receivable Reinsurance and other recoveries receivable on paid claims, reported claims not paid, claims incurred but not reported and unexpired risk liabilities are recognised as revenue. Recoveries receivable are assessed in a manner similar to the assessment of outstanding claims. Recoveries are measured as the present value of the expected future receipts, calculated on the same basis as the liability for outstanding claims. Reinsurance recoveries are reduced from the prior year due to a reduction in claims caused by: (i) improved risk management practices by members, and (ii) reform to the law of tort (v) Revenue recognition Revenue is recognised to the extent that it is probable that the economic benefit will flow to the entity and the revenue can be reliably measured. The following specific recognition criteria must also be met before revenue is recognised. (i) Premiums – recognised in the period the fund is at risk. (ii) Future reinsurance and other recoveries – on an accruals basis. (iii) Investment Income – on an accruals basis including adjustments to bring values of cash backed unit trusts to account as investment income. (w) Catastrophe insurance Catastrophe insurance relates to insurance premiums paid to reinsurers in accordance with the established reinsurance strategy of the entity and in order to protect the insurance businesses from catastrophic and unforseen claims. MAV FINANCIAL REPORT 2008/09 >55 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 COMBINED NOTE 2009 2008 $ $ 3. CONTRIBUTION TO OPERATING SURPLUS CONTRIBUTION FROM INSURANCE ACTIVITIES Premium income Re-insurance expense 19,520,661 29,561,562 28 & 2(w) (10,479,554) (19,765,079) NET PREMIUM INCOME 9,041,107 9,796,483 Claims expense 5(a) (33,055,202) (13,517,161) Reinsurance and other recoveries 2(u) Performance bonus 26 NET CLAIMS EXPENSE NET UNDERWRITING RESULT Investment income 22,029,456 14,323,078 4,541,737 3,911,250 (6,484,009) 4,717,167 2,557,098 14,513,650 1,182,050 583,816 Administration and general expenses (6,403,492) (6,975,618) INSURANCE ACTIVITY OPERATING SURPLUS (2,664,344) 8,121,848 (360,245) 2,234,176 (3,024,589) 10,356,024 MAV SURPLUS OPERATING SURPLUS COMBINED 2009 MAV - GENERAL FUND 2008 $ $ 2009 $ 2008 $ 4. REVENUE REVENUES FROM OPERATING ACTIVITIES Subscriptions/premiums Reinsurance and other recoveries 2(u) Brokerage and management fees income Performance bonus 26 Seminars and sale of publications Project, sponsorship, management and rental income Grant income TOTAL REVENUE FROM OPERATING ACTIVITIES 21,715,526 31,691,543 22,029,456 14,323,078 2,214,679 2,150,174 1,366,739 1,450,585 4,541,737 3,911,250 982,327 717,094 982,327 717,094 1,366,739 1,450,585 - - 868,741 618,010 1,695,741 1,257,366 6,224,498 7,644,899 6,224,498 7,644,899 57,729,024 60,356,459 12,483,984 13,220,118 REVENUES FROM NON-OPERATING ACTIVITIES Investment income Gain on disposal of non-current assets TOTAL REVENUE FROM OUTSIDE THE OPERATING ACTIVITIES REVENUE 1,617,296 880,854 435,246 297,039 18,962 4,854 18,962 4,854 1,636,258 885,708 454,208 301,893 59,365,282 61,242,167 12,938,192 13,522,011 COMBINED NOTE 2009 $ 2008 $ 5(a) CLAIMS EXPENSES Paid Outstanding claims at end of financial year 14(a) Outstanding claims at beginning of financial year TOTAL CLAIMS EXPENSES 56> MAV FINANCIAL REPORT 2008/09 14,623,047 17,118,906 75,108,229 56,676,074 (56,676,074) (60,277,819) 2(t) 33,055,202 13,517,161 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 COMBINED 2009 $ MAV - GENERAL FUND 2008 $ 2009 $ 2008 $ 5(b)OPERATING EXPENSES The following items have been recognised in the operating surplus: Claims expense 33,055,202 13,517,161 Catastrophe insurance expense 10,479,554 1,320,223 Stamp duty General scheme expenses - - 19,765,079 - - 1,826,241 - - 270,518 274,126 Salary and payroll costs 3,700,457 3,005,888 3,700,457 3,005,888 Grants, projects and legal 5,215,172 4,600,562 5,215,172 4,600,562 Administration 1,960,974 1,828,347 1,219,087 1,399,248 639,489 317,144 639,489 317,144 313,959 Operating lease rental expense Superannuation contributions 313,959 248,138 Scheme management fee 3,223,446 3,450,454 Meetings and seminars - - 248,138 - - 1,396,093 1,213,725 1,395,489 877,577 Depreciation leasehold improvements 46,219 45,020 46,219 45,020 Depreciation furniture and equipment 66,626 85,653 66,626 85,653 Depreciation motor vehicles 80,379 67,179 80,379 67,179 Amortisation of website, educational programs and trademarks Board of management expenses ALGA membership TOTAL EXPENDITURE 83,272 72,727 83,272 72,727 181,477 224,755 181,477 224,755 356,811 343,944 356,811 343,944 62,389,871 50,886,143 13,298,437 11,287,835 6. LEASING COMMITMENTS Operating lease commitments, being for lease of new OCE and OCE colour copiers Not later than one year 29,216 29,216 29,216 Later than one year but not later than five years TOTAL LEASE COMMITMENT 29,216 43,824 73,040 43,824 73,040 73,040 102,256 73,040 102,256 Operating lease commitments, being for lease of leasehold premises: 623,762 418,244 623,762 287,544 Later than one year but not later than five years Not later than one year 3,030,121 3,258,815 3,030,121 1,500,048 Later than five years 1,244,185 1,639,251 1,244,185 TOTAL LEASE COMMITMENT 4,898,068 5,316,310 4,898,068 134,235 117,239 1,787,592 7. AUDITOR’S REMUNERATION Amounts received or due and receivable for audit services: Audit services Tax Compliance 29,400 134,235 117,239 24,226 - 29,400 24,226 MAV FINANCIAL REPORT 2008/09 >57 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 COMBINED NOTE 2009 2008 $ $ 8. SCHEME MANAGEMENT FEES Scheme management fees are paid to the Scheme Manager for: Re-insurance placement 1,826,074 1,771,292 1,407,372 1,679,162 3,233,446 3,450,454 Claims management (included in claims expenses) 1,131,280 1,373,860 TOTAL SCHEME MANAGEMENT FEES 4,364,726 4,824,314 Risk management and administrative services Total administration 5(b) 9. NOTES TO STATEMENT OF CASH FLOWS (a) Cash and cash equivalents at balance date as shown in the Statement of Cash Flows are held in Standard and Poor’s rated AA and AAf cash deposits and reconciled to the related items in the Balance Sheet as follows: COMBINED 2009 $ MAV - GENERAL FUND 2008 $ 2009 $ 7,153,248 2008 $ Cash 14,346,901 13,503,883 7,321,524 Other financial assets 18,097,031 13,418,852 TOTAL CASH AND CASH EQUIVALENTS 32,443,932 26,922,735 7,153,248 7,321,524 - - (b) Reconciliation of net cash used in operating activities to operating surplus Surplus for year (3,024,574) 10,479,660 (360,245) 2,357,812 Depreciation and amortisation 276,497 270,578 276,497 270,578 (Surplus)/deficit on disposal of assets (18,962) (4,854) (18,962) (4,854) Changes in assets and liabilities (Increase)/decrease in accounts receivable 2(g) (10,045,288) (Increase)/decrease in prepayments Increase/(decrease) in accounts payable Increase /(decrease) in provision for employee entitlements Increase/(decrease) in outstanding claims Increase/(decrease) in accrued revenue 2(t) (571,349) (173,999) 18,740 (67,826) 18,740 (67,826) (415,319) (576,077) (294,729) 577,710 7,531 55,680 7,531 55,680 17,660,272 6,216,208 (3,315,417) - 288,059 (12,325,119) Increase/(decrease) in other liabilities 1,003,818 (66,134) 1,003,818 CASH FLOWS FROM OPERATIONS 5,750,774 666,699 61,301 58> MAV FINANCIAL REPORT 2008/09 - - (66,134) 2,948,967 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 COMBINED NOTE 2009 MAV - GENERAL FUND 2008 $ $ 2009 $ 2008 $ 10. RECEIVABLES Future reinsurance and other recoveries receivable 2(u) Discount to present value 72,327,806 64,964,029 (9,215,000) (9,199,110) 63,112,806 55,764,919 - Less doubtful debts Premiums receivable (1,148,000) 17,863,762 18,946,413 4,362,130 910,158 1,443,294 871,945 85,338,698 74,473,490 1,443,294 871,945 CURRENT 35,870,892 35,223,935 1,443,294 871,945 NON-CURRENT 49,467,806 39,249,555 TOTAL 85,338,698 74,473,490 2(s) Other receivables TOTAL RECEIVABLES Represented by: 1,443,294 871,945 Reinsurance recoveries are due from reinsurers with Standard and Poor’s ratings of AA+, AA-, A+ and A. Other recoveries are due from unrated local authorities based in Victoria and Tasmania. The ageing analysis of trade receivables are as follows: Total <30 31-60 61-90 >90 days days days days 2009 Combined 22,507,700 22,144,900 292,614 12,430 57,756 MAV General Fund 1,348,142 985,342 292,614 12,430 57,756 2008 Combined 19,454,373 19,429,458 24,141 - 776 777,880 543,480 233,624 - 776 MAV General Fund COMBINED NOTE 2009 $ MAV - GENERAL FUND 2008 $ 2009 2008 - - $ $ 11. PREMIUMS IN ADVANCE Contributions billed in advance 19,168,622 18,880,563 Leasehold improvements - at cost 616,101 616,101 616,101 616,101 Less accumulated depreciation 517,656 471,437 517,656 471,437 98,445 144,664 98,445 144,664 Furniture and equipment - at cost 562,848 546,232 562,848 546,232 Less accumulated depreciation 491,661 465,600 491,661 465,600 71,187 80,632 71,187 80,632 471,242 310,932 471,242 310,932 93,205 74,524 93,205 74,524 12. PROPERTY, PLANT AND EQUIPMENT Motor vehicles - at cost Less accumulated depreciation 378,037 236,408 378,037 236,408 Information technology equipment- at cost 508,608 470,515 508,608 470,515 Less accumulated depreciation 462,792 422,225 462,792 422,225 45,816 48,290 45,816 48,290 593,485 509,994 593,485 509,994 TOTAL PROPERTY, PLANT AND EQUIPMENT MAV FINANCIAL REPORT 2008/09 >59 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 COMBINED 2009 $ MAV - GENERAL FUND 2008 2009 2008 171,706 144,664 171,706 $ $ $ 12. PROPERTY, PLANT AND EQUIPMENT (continued) Reconciliations of the carrying amounts of property, plant and equipment at the beginning and end of the financial year. LEASEHOLD IMPROVEMENTS Movements during the year Beginning of year Additions 144,664 0 17,978 0 17,978 Depreciation (46,219) (45,020) (46,219) (45,020) End of year 98,445 144,664 98,445 144,664 Beginning of year 80,632 42,752 80,632 42,752 Additions 16,615 67,062 16,615 67,062 Depreciation (26,060) (29,182) (26,060) (29,182) End of year 71,187 80,632 71,187 80,632 Beginning of year 236,408 316,590 236,408 316,590 Additions 298,866 174,494 298,866 174,494 Disposals (76,858) (187,497) (76,858) (187,497) Depreciation (80,379) (67,179) (80,379) (67,179) End of year 378,037 236,408 378,037 236,408 Beginning of year 48,290 80,373 48,290 80,373 Additions 38,092 24,388 38,092 24,388 Depreciation (40,566) (56,471) (40,566) (56,471) End of year 45,816 48,290 45,816 48,290 FURNITURE AND EQUIPMENT Movements during the year MOTOR VEHICLES Movements during the year INFORMATION TECHNOLOGY EQUIPMENT Movements during the year 13. INTANGIBLE ASSETS Trademarks and intellectual property Less accumulated amortisation 60> MAV FINANCIAL REPORT 2008/09 555,013 502,163 555,013 502,163 (333,227) (249,954) (333,227) (249,954) 221,786 252,209 221,786 252,209 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 COMBINED 2009 MAV - GENERAL FUND 2008 2009 2008 230,502 252,209 230,502 $ $ $ $ 13. INTANGIBLE ASSETS (continued) Reconciliation of the carrying amounts of intangible assets at the beginning and end of the financial year INTANGIBLE ASSETS Movement during the year Beginning of year 252,209 Additions 52,849 94,434 52,849 94,434 Amortisation (83,272) (72,727) (83,272) (72,727) End of year 221,786 252,209 221,786 252,209 DESCRIPTION OF INTANGIBLE ASSETS Computer software, trademark and intellectual property costs are carried at cost less accumulated amortisation. These intangible assets have been assessed as having a finite life and are amortised using the straight line method over a period of three to ten years. The amortisation has been recognised in the income statement in the line item ‘Amortisation.’ If an impairment indication arises, the recoverable amount is estimated and an impairment loss is recognised to the extent that the recoverable amount is lower than the carrying amount. 14(a)OUTSTANDING CLAIMS COMBINED 2009 $ Central estimate 81,069,229 Discount to present value 2008 $ 61,703,251 (10,728,000) (8,679,823) 70,341,229 53,023,428 2,807,000 2,464,530 1,960,000 1,188,116 75,108,229 56,676,074 Current 20,352,000 17,529,018 Non-current 54,756,229 39,147,056 75,108,229 56,676,074 Claims handling costs Risk margin 14(b) TOTAL OUTSTANDING CLAIMS Comprising: TOTAL CLAIMS PROVISION 2(t) 14(b)RISK MARGIN - PROCESS FOR DETERMINING RISK MARGIN Figures for private insurers published by APRA in October 2006 showed an average risk margin of 15.7% for public and product liability outstanding claims, and 11.3% for professional indemnity. Based on these averages, and on three actuarial publications, Cumpston Sarjeant Pty Ltd recommended that risk margins be adopted intended to give an overall risk margin of 15% for outstanding claims, in the absence of reinsurance. After allowing for the extent of reinsurance for each year, Cumpston Sarjeant calculated risk margins for each year, in total being 1.8% of gross outstanding claims. They recommended a risk margin of 20% for the net unexpired risk liability. These risk margins are likely to give a probability of about 75% that the provisions including the risk margins will prove adequate to meet the relevant liabilities. MAV FINANCIAL REPORT 2008/09 >61 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 2009 GROSS $ 2008 REINSURANCE $ NET $ GROSS $ REINSURANCE $ NET $ 14(c)RECONCILIATION OF MOVEMENT IN DISCOUNTED OUTSTANDING CLAIMS LIABILITY Outstanding claims brought forward 56,676,074 54,616,919 2,059,155 60,277,819 56,128,981 4,148,838 Changes in assumptions 14,151,030 13,456,008 695,022 15,358,718 15,816,289 (457,571) Increase in claims incurred/ recoveries anticipated 17,660,272 8,495,887 9,164,385 (3,315,417) (1,512,062) (1,803,355) 31,811,302 21,951,895 9,859,407 12,043,301 14,304,227 (2,260,926) Incurred claims recognised in income statement Claim payments/recoveries during the year (13,379,147) (13,456,008) Outstanding claims carried forward 75,108,229 63,112,806 76,861 (15,645,046) (15,816,289) 11,995,423 56,676,074 2009 CURRENT YEAR $ 54,616,919 171,244 2,059,155 2008 PRIOR YEAR $ TOTAL $ CURRENT YEAR $ PRIOR YEAR $ TOTAL $ 15. NET CLAIMS INCURRED INSURANCE Gross claims and related expenses undiscounted 34,339,364 764,015 35,103,379 12,912,258 Discount (5,084,000) 3,035,823 (2,048,177) (1,885,258) 4,544,924 2,659,666 Gross claims and related expenses discounted 29,255,364 3,799,838 33,055,202 11,027,000 2,490,161 13,517,161 Reinsurance and other recoveries undiscounted (4,557,151) Discount 21,466,000 (31,798,066) (10,332,066) Reinsurance and other recoveries discounted 16,908,849 (38,938,305) (22,029,456) NET CLAIMS INCURRED 46,164,213 (35,138,467) 62> MAV FINANCIAL REPORT 2008/09 (7,140,240) (11,697,390) 11,025,746 (9,120,578) 264,547 (8,856,031) 2,170,969 (2,054,763) 10,857,495 (1,879,609) (11,000,187) (3,587,438) (3,322,891) (5,467,047) (4,323,078) (2,976,886) (805,917) NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 16. CLAIMS DEVELOPMENT TABLE ACCIDENT YEAR 2005 $ 2006 $ 2007 $ 2008 $ 2009 $ TOTAL $ GROSS ESTIMATE OF ULTIMATE CLAIMS COST - CIVIC MUTUAL PLUS At end year of accident 18,375,690 19,426,057 12,918,950 11,438,398 One year later 17,546,887 14,414,065 10,750,452 14,574,373 Two years later 17,554,596 13,972,302 12,452,238 Three years later 14,652,975 13,554,890 Four years later 15,482,088 Current estimate of cumulative claims cost 15,482,088 13,554,890 Cumulative payments (6,868,087) (3,862,390) Outstanding claims - undiscounted 8,614,001 9,692,500 33,095,464 12,452,238 14,574,373 33,095,464 89,159,053 (2,536,169) (1,226,994) (1,825,735) (16,319,375) 19,916,069 13,347,379 31,269,729 72,839,678 Discount (12,825,587) Claims handling expense 2,913,587 2004 and prior 12,072,551 TOTAL GROSS OUTSTANDING CLAIMS CIVIC MUTUAL PLUS 14(a) 75,000,229 TOTAL GROSS OUTSTANDING CLAIMS MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND 14(a) 108,000 COMBINED GROSS OUTSTANDING CLAIMS 14(c) ACCIDENT YEAR 75,108,229 2005 2006 2007 2008 2009 At end year of accident 2,125,606 2,182,437 2,103,826 2,336,670 28,615,874 One year later 1,847,897 2,104,523 1,723,493 1,146,195 Two years later 2,191,811 1,832,851 1,789,409 Three years later 1,605,025 1,340,145 $ $ $ $ $ TOTAL $ NET ESTIMATE OF ULTIMATE CLAIMS COST - CIVIC MUTUAL PLUS Four years later 1,698,565 Current estimate of cumulative claims cost 1,698,565 1,340,145 1,789,409 1,146,195 (1,334,562) (494,146) (858,840) (362,815) 364,003 845,999 930,569 Cumulative payments Outstanding claims - undiscounted Discount 783,380 28,615,874 34,590,188 (1,788,146) (4,838,509) 26,827,728 29,751,679 (20,675,067) Claims handling expense 1,190,067 2004 and prior 1,620,743 TOTAL NET OUTSTANDING CLAIMS CIVIC MUTUAL PLUS 11,887,423 TOTAL NET OUTSTANDING CLAIMS MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND 108,000 COMBINED NET OUTSTANDING CLAIMS 14(c) 11,995,424 These tables show the trend in the balance of outstanding claims. MAV FINANCIAL REPORT 2008/09 >63 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 COMBINED MAV - GENERAL FUND 2009 2008 2009 2008 673,121 527,649 673,121 527,649 NOTE $ $ $ $ 17. PROVISIONS FOR EMPLOYEE ENTITLEMENTS The aggregate amount of employee entitlement liability is comprised of: Provisions (current) Provisions (non-current) TOTAL EMPLOYEE ENTITLEMENTS Meets AIFRS requirements 18,962 156,903 18,962 156,903 692,083 684,552 692,083 684,552 684,552 628,872 684,552 628,872 2(b) Reconciliation of the carrying amounts of provision for employee entitlements at the beginning and end of the financial year EMPLOYEE ENTITLEMENTS Movement during the year Beginning of year Additions End of year 7,531 55,680 7,531 55,680 692,083 684,552 692,083 684,552 18. SUPERANNUATION CONTRIBUTION The Municipal Association of Victoria contributes in respect of its employees to both the Vision Super Superannuation Fund’s Accumulation Fund and the Defined Benefits Fund. The amount of superannuation contributions paid by the Municipal Association of Victoria to the Vision Super Accumulation Fund and the Defined Benefits Fund during the reporting period was $313,959 (2008 $248,138). The Municipal Association of Victoria contributes to the Accumulation Fund based on a fixed percentage of employee earnings in accordance with the Superannuation Guarantee Legislation 9% in 2009 and 9% in 2008. No further liability accrues to the employer as the superannuation benefits accruing to employees are represented by their share of the net assets of the Fund Contributions to the Defined Benefits Fund are determined by the Scheme’s actuary. The Funds liability for accrued benefits for defined benefit and defined contribution members was determined in the 31 December 2005 actuarial investigation carried out by Local Authorities Super pursuant to the requirements of Australian Accounting Standard AASB 2005-13. An actuarial review again occurred in December 2008 where it was calculated that the Defined Benefits Superannuation Fund was in surplus. A further review is scheduled to occur in June 2010. 19. GOVERNMENT GRANTS The Association receives grant monies from various Federal and State Government departments on behalf of local government. Grant monies received have been accounted for as income in accordance with Australian Accounting Standard 1004. At the end of the financial year the Association had commitments to expend grants totalling approximately $5,310,809 (2008 $5,578,025) after deducting an estimate of costs of administering the grants. COMBINED 2009 $ MAV - GENERAL FUND 2008 $ 2009 $ 2008 $ RECOGNISED IN INCOME STATEMENT Grant income 6,224,498 The Association does not receive any other government assistance. 64> MAV FINANCIAL REPORT 2008/09 7,644,899 6,224,498 7,644,899 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 20. FINANCIAL RISK MANAGEMENT POLICIES AND OBJECTIVES The Group’s exposure to interest rate risk and the effective average interest rate for the classes of financial assets is set out below: COMBINED MAV - GENERAL FUND Non- Floating Non- Floating interest earning interest rate interest earning interest rate 2009 $ $ $ $ FINANCIAL ASSETS Bank - 14,346,902 - Cash investments - 18,097,031 - Receivables 85,338,698 TOTAL FINANCIAL ASSETS 85,338,698 32,443,933 Weighted average interest rate 7,153,248 - 1,443,294 - 1,443,294 7,153,248 4% 6% FINANCIAL LIABILITIES Outstanding claims 75,108,229 - - - Unearned premiums/subscriptions 19,168,622 - - - 2,583,406 - Accounts payable TOTAL FINANCIAL LIABILITIES Weighted average interest rate 96,860,257 808,702 - 808,702 - 0% 0% The carrying amounts of financial assets and financial liabilities represent their approximate net fair value. COMBINED NonInterest Earning MAV - GENERAL FUND Floating Non- Interest Rate Interest Earning Floating Interest Rate 2008 $ $ $ $ FINANCIAL ASSETS Bank - 13,503,883 - Cash investments - 13,418,852 - Receivables 74,473,490 TOTAL FINANCIAL ASSETS 74,473,490 Weighted average interest rate 26,922,735 7,321,524 - 871,945 - 871,945 7,321,524 3.3% 5.1% FINANCIAL LIABILITIES Outstanding claims 56,676,074 - - - Unearned premiums/subscriptions 18,880,563 - - - 2,926,195 - 1,103,428 - 78,482,832 - 1,103,428 - Accounts payable TOTAL FINANCIAL LIABILITIES Weighted average interest rate 0% 0% The carrying amounts of financial assets and financial liabilities represent their approximate net fair value. All maturity dates are within twelve months. MAV FINANCIAL REPORT 2008/09 >65 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 20. FINANCIAL RISK MANAGEMENT POLICIES AND OBJECTIVES (continued) The table below reflects all contractually fixed pay-offs and receivables for settlement, repayments and interest resulting from recognised financial assets and liabilities as at 30 June 2009. Cash flows for financial assets and liabilities without fixed amount or timing are based on conditions existing at 30 June 2009. The remaining contractual maturities of the financial liabilities are: CONSOLIDATED 2009 $ MAV - GENERAL FUND 2008 $ 2009 2008 $ $ 3 months or less 26,941,403 26,357,315 808,702 1,103,424 3-12 months 17,151,591 13,883,723 1,988,966 905,258 1-5 years 42,503,498 35,699,075 283,329 274,657 Over 5 years 12,536,060 3,777,131 99,132,552 79,687,244 3,080,997 2,283,339 LIQUIDITY RISK Maturity analysis of financial assets and liabilities based on management’s expectation. The risk implied from the values in the table below, reflects a balanced view of cash inflows and outflows. These liabilities originate from insurance contracts and other financial assets used in the ongoing operations of the business. These assets are considered in the Association’s overall liquidity risk. To monitor existing financial assets and liabilities as well as to enable effective controlling of future risks, the Association has established a comprehensive risk reporting covering its insurance business that reflects the expectations of the management of expected settlement of financial assets and liabilities. Year Ended 30 June 2009 <3 months $ 3-12 months $ 1-5 years >5 years $ Total $ $ COMBINED FINANCIAL ASSETS Cash and cash equivalents 32,443,932 Receivables 24,683,136 11,187,756 38,753,806 10,714,000 32,443,932 57,127,068 11,187,756 38,753,806 10,714,000 117,782,630 5,189,375 15,162,625 42,220,169 12,536,060 85,338,698 COMBINED FINANCIAL LIABILITIES Outstanding claims Unearned premiums/subscriptions Accounts payable 75,108,229 19,168,622 19,168,622 2,583,406 Other liabilities 2,583,406 - 1,988,966 283,329 2,272,295 TOTAL FINANCIAL LIABILITIES 26,941,403 17,151,591 42,503,498 12,536,060 99,132,552 NET MATURITY 30,185,665 (5,963,835) (3,749,692) (1,822,060) 18,650,077 PARENT FINANCIAL ASSETS Cash and cash equivalents 7,153,248 - - - 7,158,248 Receivables 1,443,294 - - - 1,443,294 8,596,542 - - - 8,596,542 - PARENT FINANCIAL LIABILITIES Accounts payable 808,702 Other Liabilities Total Financial Liabilities NET MATURITY 66> MAV FINANCIAL REPORT 2008/09 - 1,988,966 - 808,702 283,329 - 2,272,295 3,080,997 808,702 1,988,966 283,329 - 7,787,840 (1,988,966) (283,329) - NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 20. FINANCIAL RISK MANAGEMENT POLICIES AND OBJECTIVES (continued) Risk management objectives and policies for mitigating insurance risk The Association’s local government mutual liability scheme (trading as Civic Mutual Plus) is established by legislation contained in the Municipal Association Act 1907. Membership is available to local councils and prescribed bodies. The Scheme operates in Victoria and Tasmania to provide services to members in respect of their potential and actual liabilities. A member may seek indemnity from the Scheme in respect of a claim. Actuarial models, using information from the Scheme’s management information systems are used to confirm contributions and monitor claim patterns. Past experience and statistical methods are used as part of the process. The principal risk is that the frequency and severity of claims is greater than expected. Civil liability risk events are, by their nature, random, and the actual number and size of events during any one-year may vary from those estimated using established statistical techniques. Objectives in managing risk arising from insurance and policies for mitigating those risks The Scheme has an objective to control insurance risk thereby reducing the volatility of its operating surplus. In addition to the inherent uncertainty of civil liability risks, which can lead to variability in the loss experience, operating surpluses can also be affected by external factors, such as competition and movements in asset values. The Scheme relies on a strong relationship with its members and actively encourages them to adopt practices of risk management that reduce the incidence of claims to the Scheme. Reinsurance strategy The Scheme adopts a conservative approach towards management of risk and does this by utilising various risk transfer options. The MAV Insurance Committee determines the level of risk, which is appropriate for the Scheme having regards to ordinary concepts of prudence and regulatory constraints. The risk transfer arrangements adopted by the Scheme include the utilisation of commercial reinsurance / excess arrangements. These arrangements include constant review of both reinsurers’ financial strength, and ensuring spread of risk among reinsurers who meet the requirements of the MAV insurance policies. These risk transfer arrangements assist the Scheme to limit exposures to large single claims and catastrophic events. These programs are reviewed each year to ensure that they continue to meet the risk needs of the Scheme. Terms and conditions of membership Membership to the Scheme is offered to eligible bodies and renewed annually on 30th June. Payment of the annual contribution confirms continuation of membership. Termination of membership is subject to at least 90 days written notice of intention as laid out by the Scheme Rules. Product features The Scheme operates in Victoria and Tasmania. Should a claim be accepted the Scheme provides indemnity to the member in respect of their civil liabilities for $500 million public / products liability and $300 million for professional indemnity insurance, subject to any excess, for any claim incurred anywhere throughout the world. Operating surpluses arise from the total contributions charged to members less the amounts paid to cover claims and the expenses incurred by the Scheme. Management of risks The key insurance risks that affect the Scheme are contribution risk, and claims experience risk. Contribution risk is the risk that the Scheme does not charge contributions appropriate for the indemnity cover it provides. The Scheme partially manages contribution risk through its proactive approach to risk management that addresses all material risks both financial and non-financial. There are no specific terms and conditions that are expected to have a material impact on the financial statements. Claims experience risk is managed through the non-financial risk assessment and risk management and reinsurance management process. Claims experience is monitored on an ongoing basis to ensure that any adverse trending is addressed. The Scheme is able to reduce the claims experience risk of severe losses through the reinsurance program, and by managing the concentration of insurance risks. Concentration of insurance risks Insurance risk is managed by taking a long term approach to setting the annual contribution rates that eliminates price fluct uations, through appropriate investment strategy, reinsurance and by maintaining an active state-wide risk management profile. It is vital that the Scheme keeps abreast of changes in the general economic, legal and commercial environment in which it operates. It is vital that the Scheme spreads its risk of reinsurance failure by ensuring reinsurers are of high financial quality and can meet their commitments to the Association. The Association maintains policies and strategies and receives advice from an independent actuary on at least an annual basis in order to determine the concentration and amount of risk exposure. The Association keeps abreast of changes in the general economic, legal and commercial environment in which it operates. MAV FINANCIAL REPORT 2008/09 >67 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 20. FINANCIAL RISK MANAGEMENT POLICIES AND OBJECTIVES (continued) CREDIT RATING Reinsurance and other recoveries on outstanding claims Reinsurance and other recoveries on paid claims Reinsurance and other recoveries on paid claims AAA +/$m AA +/$m 2009 - 2.28 2008 - 2009 2008 A +/$m BBB $m SPECULATIVE GRADE $m 25.67 - - 1.61 29.56 17.79 9.98 - - 2.13 29.90 - 1.37 3.12 - - 1.47 5.96 - 3.88 0.43 - - 1.42 5.73 NEITHER PAST DUE NOR IMPAIRED $’000 LESS THAN 3 MONTHS $’000 PAST DUE BUT NOT IMPAIRED 3 TO 6 6 MONTHS MONTHS TO 1 YEAR $’000 $’000 GREATER THAN 1 YEAR $’000 NOT RATED $m IMPAIRED TOTAL $m TOTAL $’000 $’000 2009 - 3.94 0.12 0.38 0.09 1.43 5.96 2008 - 2.21 0.55 0.99 0.61 1.37 5.73 Interest rate risk The reinsurance indemnity contracts contain no clauses that expose the Scheme, directly to interest rate risk. The reinsurance contracts are long term arrangements, reviewed and payable annually. IMPACT OF CHANGES IN INTEREST RATES Variable Current Rate % Change variable to % Operating surplus at 30 June 2009 $ Operating surplus at 30 June 2014 $ Total accumulated funds after the impact of applying variable $ MAV Base value at 30 June 2009 Interest rate pa 4.75% (3,024,574) 6,632,338 6,432,199 5.75% (2,933,483) 6,787,260 6,582,447 3.75% (3,121,503) 6,465,107 6,270,014 CIVIC MUTUAL PLUS Base value at 30 June 2009 Interest Rate pa 4.75% (2,613,255) 13,167,889 12,770,531 5.75% (2,553,626) 14,759,523 13,068,733 3.75% (2,674,276) 11,582,865 12,452,498 Credit risk The Scheme is exposed to credit risk on insurance contracts as a result of exposure to reinsurers. The credit risk to reinsurers is managed through the Scheme’s Reinsurance Management Strategy and policies that includes regularly monitoring both the financial rating of the reinsurers both prior to and during the reinsurance program and the flow of payments coming from the reinsurers. Investments in cash and cash equivalents at balance date as shown in the Statement of Cash Flows are held in Standard and Poor’s rated AA and AAf rated cash deposits. Price risk Investments held are not subject to price risk. Investments are cash deposits held in Australian banks. 68> MAV FINANCIAL REPORT 2008/09 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 21. ACCOUNTING ESTIMATES AND JUDGEMENTS The Scheme makes estimates and judgements in respect of certain key assets and liabilities. Estimates and judgements are continually reviewed and are based on past experience and other factors, including expectations of future events that are believed to be reasonable under the circumstances. The key areas in which critical estimates and judgements are applied are described below. (a) Estimation of outstanding claims liability Provision is made at the year-end for the estimated cost of claims incurred but not settled at the balance sheet date, including the cost of claims incurred but not yet reported (‘IBNR’) to the Scheme. The Scheme takes all reasonable steps to ensure that it has appropriate information regarding its claims exposure. However, given the uncertainty in establishing claims provisions, it is likely that the final outcome may be different from the original liability established. Provisions are calculated gross of all recoveries. A separate estimate is made of the amounts that will be recoverable from reinsurers and any third party. The determination of an appropriate outstanding claims provision involves: (i) Establishing a case estimate for each reported claim at year-end taking into account legal advice where appropriate on larger claims; (ii) Allowance for incurred but not reported claims as confirmed by the actuarial review on 30 June 2009; (iii) An allowance of 4% for claim settlement expenses, as assumed by the Actuary; (iv) Allowances for discount at 4.75%, as assumed by the Actuary; (v) A risk margin of 20% of net outstanding claims after the effect of reinsurance has been applied, as assumed by the Actuary. Details of specific actuarial assumptions used in deriving the outstanding claims liability at year-end are detailed in note 22. (b) Assets arising from reinsurance contracts Assets arising from reinsurance contracts were estimated for each accident year, from the payments to date and estimated outstanding claims history at 30 June 2009, taking into account the reinsurance terms applying to that accident year. In calculating the present value of reinsurance recoveries, allowance was made for an average recovery delay of 3.5 months, as assumed by the Actuary. In accordance with the Actuarial recommendations an allowance was made for non-recoveries from relevant insurers. 22. ACTUARIAL ASSUMPTIONS AND METHODS Actuarial assumptions The following assumptions have been made in determining the outstanding claims liabilities: 2009 2008 3.25% 4.5% Claim administration expense 4% 4% Superimposed inflation 1% 2% 4.75% 6.7% 20% 20% KEY ACTUARIAL ASSUMPTIONS Wage inflation Discount rate Risk margin MAV FINANCIAL REPORT 2008/09 >69 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 22. ACTUARIAL ASSUMPTIONS AND METHODS (continued) Process used to determine actuarial assumptions A description of the processes used to determine the above key actuarial assumptions is provided below: Civic Mutual Plus has provided public and professional indemnity insurance to local government bodies in Victoria and Tasmania and other bodies constituted under any Act for any public or local governing purpose since 30/9/1993. The Actuary was supplied aggregate data on claims from each year’s cover at each balance date, together with details for each claim at various dates, including 30/6/2009. The individual claim payments and case estimates reconciled closely with totals in Civic Mutual Plus’s financial statements for each year of cover. The actuary made estimates of gross outstanding claims with four differential actuarial methods – payments per person incurred, developed claims incurred, and developed case estimates plus estimated claim incurred but not reported. The actuary selected the last of these methods, for use in estimating outstanding claims. Payments were projected with a payment pattern, based on past experience, assuming an average delay of 4.6 years from the middle of the accident year. Estimates of outstanding non reinsurance recoveries were made by a recoveries per person insured method. During the 2001 financial year three of the participants in the Scheme’s reinsurance program FAI, HIH and Independent were placed into the hands of liquidators. These companies were part of the reinsurance programs in fund years from 1994 to 1998. The MAV Insurance Committee continues to constantly monitor the position with a view to ensuring that the Scheme takes all reasonable steps to protect its position and to maximise potential recoveries. In accordance with the Committee’s prudent approach to reserving within the actuarial calculation of the central estimate of reinsurance recoveries, the estimated future recoveries from FAI, HIH and Independent is assumed to be zero. Estimates of reinsurance recoveries were made from projected gross payments and non reinsurance recoveries, allowing for the different insurance treaties applying to each year and assuming an average four months delay in the receipt of reinsurance recoveries . Recoveries from FAI, HIH and Independent have been assumed to be zero. Based on the yields of medium term Commonwealth bonds at 30/6/2009 the discount rate was assumed to be 6.7% pa. Based on the actual expense rates of Civic Mutual Plus, claim administration expenses were assumed to be 4% of the net claim payments. Based on averages for private insurers by APRA, and on three actuarial publications the actuary recommended that risk margins be adopted intended to give an overall risk margin of 15% for outstanding claims, in the absence of reinsurance. After allowing for the extent of reinsurance for each year the actuary calculated risk margins for each year, in total being 1.8% of gross outstanding claims liabilities. The actuary considered that these risk margins are likely to give a probability of about 75% that the provisions including the risk margins will prove adequate to meet the relevant liabilities. Unexpired risk liabilities were estimated by bringing gross claim incurred estimates for each of the 10 years to 30/6/03 to 2008/09 values using Victorian average weekly earnings adjusting for membership changes and fitting a trend line to the 10 years. The trend value for 02-03 was projected to 2008/09, assuming a 20% drop due to tort reform, superimposed inflation at 1% pa and population growth at 1.3% pa. After allowing for reinsurance costs and a risk margin of 20%, no premium deficiency was apparent. VARIABLE IMPACT OF MOVEMENT IN VARIABLE Wage inflation Expected future payments are inflated to take account of inflationary increases. An increase or decrease in the assumed levels of economic inflation would have a corresponding impact on claims expense, with particular reference to longer tail claims. Superimposed inflation In addition to the general economic inflation rate an amount is superimposed to take account of non-economic inflationary factors, such as increases in court awards. Such rates of superimposed inflation are specific to the model adopted. An increase or decrease in the assumed levels of superimposed inflation would have a corresponding impact on claims expense, with particular reference to longer tail claims. Discount rate The outstanding claims liability is calculated by reference to expected future payments. These payments are discounted to adjust for the time value of money. An increase or decrease in the assumed discount rate will have an opposing impact on total claims expense. Case estimate development Case estimates are initially established in accordance with established guidelines and by reference to the known facts. Where new information becomes available the initial case estimate will change. This development movement is applied to open claims and will have a corresponding impact on claims expense. 70> MAV FINANCIAL REPORT 2008/09 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 IMPACT OF CHANGES IN KEY VARIABLES - CIVIC MUTUAL PLUS Variable Current Rate % Change variable to % 3.25% $ Operating surplus at 30 June 2014 $ Total accumulated funds after the impact of applying variable $ 2,613,255 13,167,889 12,770,531 4.25% 2,634,773 12,229,214 12,666,234 2.25% 2,592,529 14,078,653 12,872,625 Base value at 30 June 2009 Inflation Rate pa Operating surplus at 30 June 2009 23. RENT-FREE PERIOD During the 2004 financial year the Association negotiated a new ten-year lease over the property at Level 12, 60 Collins Street Melbourne with the Reserve Bank of Australia. The lease commenced on 1 March 2004 and included a 15 months rent free period up to 31 May 2005. During the 2008 financial year the Association negotiated a new ten-year lease over the property at Level 11, 60 Collins Street Melbourne with the Reserve Bank of Australia for and on behalf of Civic Mutual Plus. The lease commenced on 1 June 2008 and included an 8 months rent free period up to 31 January 2009. In accordance with ‘Lessee Accounting for Surplus Leased Space Under Non-Cancellable Operating Lease,’ lease incentives received have been recognised as a liability. This liability recognised in respect of the lease incentive will be reduced by allocating lease rental payments between rental expense and reduction of the liability. MAV FINANCIAL REPORT 2008/09 >71 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 SEGMENT Insurance including public liability, professional liability, product liability and fidelity Provides a range of procurement services and training in purchasing and procurement for MAV members TYPES OF PRODUCTS AND SERVICES 24. SEGMENT INFORMATION – PRIMARY SEGMENT Procurement guarantee. Federal and State government grants and expends these grants on projects for the betterment of both local government and the community in Obtains 2,083,610 GRANT S 2,361,945 $ 5,153,060 $ ASSOCIATIO N 2009 2008 2,063,416 2009 LOCAL GOVERNMENT $ 5,744,073 $ INSURANC E 2009 2008 2,342,131 $ $ 2008 59,365,282 61,242,166 59,365,282 61,242,166 2009 COMBINED Insurance $ 7,729,595 2,083,610 2008 Victoria. government association that represents and provides support to local government and its communities in Local Victoria. $ PROCUREMEN T 2009 2008 6,318,698 2,361,945 - (3,024,589) 10,356,024 77,659,961 93,458,822 7,498 34,243 1,448,755 6,799,485 1,899 1,552 1,310,372 6,766,920 266,297 257,974 1,897,104 3,102,628 268,679 376,803 1,710,429 3,046,320 - - (885,049) (885,049) - - 276,497 292,217 270,578 378,355 (993,518) 99,132,152 79,687,244 (993,518) 118,699,267 102,278,544 20,194 7,216,476 48,359,511 8,086,204 (63,023) 19,814 7,729,595 (130,367) - 47,254,090 6,318,698 2,297,199 - (3,024,589) 10,356,024 - - 96,428,516 99,132,152 79,687,244 118,699,267 102,278,544 - - - - 109,563,048 - 48,379,705 (105,808) - 47,273,904 8,121,848 48,421 48,421 - (2,664,344) 2,702 243,226 119,155 (124,070) - ELIMINATION S 2009 2008 Grants Association BUSINESS SEGMENTS OPERATING REVENUE Sales to customers outside the group Inter-segment sales TOTAL SEGMENT REVENUE TOTAL COMBINED REVENUE SEGMENT RESULT COMBINED ENTITY SURPLUS FROM ORDINARY ACTIVITIES ASSETS Segment assets TOTAL ASSETS LIABILITIE S Segment liabilities TOTAL LIABILITIES OTHER SEGMENT INFORMATION Acquisition of property, plant and and other non-current equipment assets Depreciation GEOGRAPHICAL SEGMENTS All of the Association’s business segments operate only in the geographical area of Australia. 72> MAV FINANCIAL REPORT 2008/09 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 25. CAPITAL MANAGEMENT OBJECTIVES The Association is specifically excluded from the provisions of the Insurance Act and from APRA regulation. There is no externally imposed capital requirement on the Association. The Association’s capital management philosophy is focused on capital efficiency and effective risk management to support a progressive business model for the benefit of members of both CMP and the Municipal Officers’ Fidelity Guarantee Fund. The independent actuary provides advice on the target capital holding on at least an annual basis. The target capital holding is to be at a level that provides operational flexibility, avoids sudden increases in contribution levels in response to fluctuations in surplus and ensures solvency in the event of the maximum likely adverse event. Both CMP and the Municipal Officers’ Fidelity Guarantee Fund are non discretionary mutual funds and have as a last resort an ability to claim against its members to protect its capital holdings. The independent actuary has advised that a sufficient capital holding at 30 June 2009 would amount to $14.73 million. The actual capital holding as at 30 June 2009 was $12.77 million. The capital holding has been negatively impacted by the net increase in claims costs related to Victorian bushfires amounting to $8.5 million. A five-year financial strategy is in place to increase the capital holding to at least the minimum required as per the actuary’s advice. 26. CONTINGENT ASSET – REINSURANCE PERFORMANCE BONUS CMP, in conjunction with similar local government self insured mutual liability schemes around Australia has entered into a profit sharing arrangement with its primary reinsurers, based on the national local government claims experience. The arrangement enables any surplus per each year over the five-year reinsurance period to be shared between the various Schemes and the reinsurers on a proportional basis. The actuary has calculated the potential value of the CMP Scheme’s performance bonus for the remaining period of the five-year program, at balance date, to be $9.3 million (2008 $13.4 million). Performance bonus totalling $2.84 million became due and receivable on 30 June 2009 and has been received at the date of this report. There is significant potential for future events to impact the profit share receivable and a number of variable factors involved in the final determination of the Scheme’s profit share. Accordingly the directors are not satisfied at 30 June 2009 that the potential benefit is an asset that is probable of receipt and reliably measurable. The financial statements do not include any value attributable to the share of profit. The position will be monitored on an annual basis. 27 VICTORIAN BUSHFIRES CMP provides public liability and professional indemnity insurance to councils affected by the Victorian bushfires. The Municipal Association of Victoria on behalf of CMP is representing councils at the Victoria Royal Commission into the bushfires. There are 27 councils that could be impacted of which half may be subject to an insurance claim. Councils are not substantially liable for the causes or the affects of the bushfires and as such the quantum of any potential liability is uncertain. The extent of any potential liability for councils will be impacted substantially by the number of events that occurred and the extent of both the insurance excesses of affected councils. In addition, CMP is protected by a strong reinsurance program involving financially sound Australian and international reinsurers. A best estimate of the potential liability of CMP relating to the Victorian Bushfires is $28.5 million. This amount has been included in the provision for claims outstanding. 28. CATASTROPHE INSURANCE EXPENSE On 1 July 2008 CMP increased its reinsurance retention levels. This has led to a significant reduction in the Catastrophe Insurance Expense for the year. In addition to reduced Catastrophe Insurance Expenses the future impact of the increased retention level will also be a reduction in the proportion of the reinsurance recovery relating to claims incurred from 1 July 2008. 29. MAV PROCUREMENT In February 2009 the MAV established MAV Procurement. MAV Procurement was established to facilitate members’ procurement practices in order to obtain financial and operational benefits beyond what is currently available to them. The initiative is to facilitate competition in the sector ensuring ongoing benefits in the area of council procurement. MAV FINANCIAL REPORT 2008/09 >73 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 30. REMUNERATION OF KEY MANAGEMENT PERSONNEL The MAV employed five key management personnel and provided these personnel with short term employee benefits and post employment benefits. COMBINED 2009 2009 2008 891,648 856,138 868,535 833,895 55,811 41,932 55,811 41,932 $ Short-term employment benefits Post-employment benefits MAV - GENERAL FUND 2008 $ $ $ Loans to directors No loans were made to or are payable by directors. Other transactions There were no other material transactions with directors. Insurance The activities of the MAV board members are covered by the MAV directors’ and officers’ indemnity insurance policy effected by the Municipal Association of Victoria 31. RELATED PARTIES The Municipal Association of Victoria is a body corporate established under the Municipal Association Act 1907 to provide services for and represent local government authorities in Victoria. The Association and its wholly owned controlled entities trade with its members in the normal course of business and on an arm’s length basis. The Deed of Establishment provides for the MAV to appoint a Committee of Management (MAVIC) to be responsible for the administration of the Scheme. Mr A. Nye is the Chairman of the Victorian Managed Insurance Authority (VMIA) and President of the Metropolitan Fire and Emergency Services Board, and Mr R. Farrell was a Board Director of VMIA up to 28 February 2008. The MAV and the VMIA from time to time have conflicting interests in insurance claims matters. Any such claims were settled on commercial terms without the involvement of these Committee members. The discreet nature of these transactions is not material. There were no material related party transactions during the year. 74> MAV FINANCIAL REPORT 2008/09 Statement by directors In the opinion of the Directors of the Municipal Association of Victoria: (a) the accompanying Income Statement is drawn up so as to give a true and fair view of the surplus of the Association for the year ended 30 June 2009; (b) the accompanying Balance Sheet is drawn up so as to give a true and fair view of the state of affairs of the Association as at that date; (c) at the date of this statement there are reasonable grounds to believe that the Association will be able to pay its debts as and when they fall due; and (d) the accompanying Combined Financial Statements give a true and fair view of the matters with which they deal. The financial statements and combined financial statements have been made out in accordance with applicable accounting standards and other mandatory professional reporting requirements. Signed in accordance with the resolution of directors. William McArthur President Geoff Gough Director Robert Spence Chief Executive Officer Melbourne 28 October 2009 Auditor’s independence declaration to the Directors of Municipal Association of Victoria MAV FINANCIAL REPORT 2008/09 >75 Combined financial reports 76> MAV FINANCIAL REPORT 2008/09 MAV FINANCIAL REPORT 2008/09 >77 Other information Legal Form The Municipal Association of Victoria is an association incorporated by the Municipal Association Act 1907. Domicile: Melbourne, Australia Address of Registered Office and Principal Place of Business: Level 12, 60 Collins Street, Melbourne, 3000, Victoria, Australia Nature of the operation and principal activities: The Municipal Association of Victoria represents, promotes and supports the interest of Victorian local government and their communities. Employees Average number of equivalent full-time employees during the year is 39.657 EFT. 78> MAV FINANCIAL REPORT 2008/09 Financial Report 08/09 MAVMAVINSURANCE FINANCIAL REPORT 2008/09 >79>79 Income statement for the year ended 30 June 2009 COMBINED NOTE Premium Revenue 3 Re-insurance Expense 2009 2008 $ 2009 $ 2008 $ $ 2008 $ 20 (10,479,554) (19,765,079)(10,034,025) (19,354,127) (445,529) (410,952) 194,569 212,917 (202,842) (188,650) 9,796,483 8,846,538 9,583,566 4(a) (33,055,202) (13,517,161)(32,852,360) (13,328,511) 3 Performance Bonus 3 4,541,737 12 (6,484,009) NET UNDERWRITING RESULT 3 Administration and General Expenses $ 623,869 Reinsurance and other recoveries Investment Income 2009 640,098 9,041,107 NET CLAIMS EXPENSE MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND 19,520,661 29,561,562 18,880,563 28,937,693 NET PREMIUM INCOME Claims Expense CIVIC MUTUAL PLUS 4(b) OPERATING SURPLUS (DEFICIT) 22,029,456 14,323,078 21,951,895 14,304,228 3,911,250 4,541,737 77,561 3,911,250 4,717,167 (6,358,728) - (125,281) (169,800) 2,557,098 14,513,650 2,487,810 14,470,533 69,288 43,117 1,182,050 1,158,004 546,806 24,046 37,009 (144,408) (133,400) 8,175,121 (51,074) (53,274) 19,072,463 471,557 528,748 583,815 4,886,967 18,850 - (6,403,492) (6,975,618) (6,259,084) (6,842,218) (2,664,344) 8,121,847 (2,613,270) Balance sheet as at 30 June 2009 CURRENT ASSETS Cash Assets 8(a) Receivables 9 TOTAL CURRENT ASSETS 25,290,684 19,601,211 24,819,127 34,804,558 34,608,056 34,800,612 34,604,443 3,946 3,613 60,095,242 54,209,267 59,619,739 53,676,906 475,503 532,361 NON-CURRENT ASSETS Receivables 9 49,467,806 39,249,555 49,467,806 39,249,555 TOTAL NON-CURRENT ASSETS 49,467,806 39,249,555 49,467,806 39,249,555 TOTAL ASSETS 109,563,048 - - - 93,458,822 109,087,545 92,926,461 475,503 532,361 CURRENT LIABILITIES Payables 2,151,665 Premiums in advance Provision for claims Outstanding 10 11(a) TOTAL CURRENT LIABILITIES 2,078,831 19,168,622 2,148,163 2,069,545 3,502 18,880,563 19,168,622 18,880,563 9,286 - - 20,352,000 17,529,018 20,244,000 17,421,018 108,000 108,000 41,672,287 38,488,412 41,560,785 38,371,126 111,502 117,286 NON-CURRENT LIABILITIES Lease Accumulation Provision for claims outstanding 11(a) 24,493 - 24,493 54,756,229 39,147,056 54,756,229 39,147,056 - - - - TOTAL NON-CURRENT LIABILITIES 54,756,229 39,171,549 54,756,229 39,171,549 TOTAL LIABILITIES 96,428,516 77,659,961 96,317,014 77,542,675 111,502 117,286 NET ASSETS 13,134,532 15,798,861 12,770,531 15,383,786 364,001 415,075 EQUITY 13,134,532 15,798,861 12,770,531 15,383,786 364,001 415,075 The accompanying notes form an integral part of these statements. 80> MAV INSURANCE FINANCIAL REPORT 2008/09 - - Statement of changes in equity For the year ended 30 June 2009 COMBINED 2009 NOTE Balance at beginning of year CIVIC MUTUAL PLUS 2008 $ 2009 $ 15,798,876 7,677,029 15,383,786 Capital return to members 2008 $ 2009 $ $ 7,208,680 - MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND 415,075 - Surplus/(deficit) from ordinary activities (2,664,344) BALANCE AT END OF YEAR 13,134,532 15,798,876 12,770,531 15,383,786 8,121,847 (2,613,255) 8,175,121 2008 $ 468,349 - - (51,074) (53,274) 364,001 415,075 Cash flow statement for the year ended 30 June 2009 COMBINED NOTE 2009 CIVIC MUTUAL PLUS 2008 $ $ 2009 2008 $ $ MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND 2009 $ 2008 $ CASH FLOW FROM OPERATING ACTIVITIES RECEIPTS Premiums and fees 20,043,260 23,760,056 19,315,194 22,939,666 Performance bonus 4,541,737 Investment income 1,187,336 3,911,250 3,911,250 1,163,446 542,168 820,390 - - 23,890 34,284 13,808,690 16,103,200 13,731,129 16,084,350 77,561 18,850 Suppliers (19,888,393) (30,534,888) (19,114,305) (29,717,069) (774,088) (817,819) Claim payments (14,003,157) (16,098,333) (13,890,537) (15,998,333) (112,620) (100,000) Reinsurance and other recoveries 576,452 728,066 4,541,737 PAYMENTS NET CASH PROVIDED BY/ (USED IN) OPERATING ACTIVITIES 8(b) NET INCREASE/ (DECREASE) IN CASH HELD Cash at beginning of year CASH AT END OF YEAR 8(a) 5,689,473 (2,282,263) 5,746,664 (2,237,968) (57,191) (44,295) 5,689,473 (2,282,263) 5,746,664 (2,237,968) (57,191) (44,295) 19,601,211 21,883,474 19,072,463 21,310,431 528,748 573,043 25,290,684 19,601,211 24,819,127 19,072,463 471,557 528,748 The accompanying notes form an integral part of these statements. MAV INSURANCE FINANCIAL REPORT 2008/09 >81 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 1. CORPORATE INFORMATION The combined financial report of MAV Insurance for the year ended 30 June 2008 was authorised for issue in accordance with a resolution of the Directors of the Municipal Association of Victoria on the date shown on the attached Statement by Directors. MAV Insurance is the insurance division of the Municipal Association of Victoria. The Municipal Association of Victoria is an association incorporated by an Act of the Parliament of Victoria known as the Municipal Association Act 1907. The nature of the operations and principal activities of MAV Insurance are the provision of public liability, professional indemnity and fidelity insurance to its members and community groups within its council member boundaries. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (a) Basis of preparation The financial report is a general purpose financial report which has been drawn up in accordance with Australian accounting standards, mandatory professional reporting requirements (Urgent Issues Group Interpretations) and other relevant requirements. The principal accounting policies adopted in preparing the financial report are stated to assist in a general understanding of the financial report. Accounting policies have been consistently applied unless otherwise indicated. The financial report is presented in Australian dollars. The accounts have been prepared on the accruals basis using historical costs and, except where stated, do not take into account current valuations of assets. (b) Statement of compliance The financial report complies with Australian accounting standards, which include Australian equivalents to International Financial Reporting Standard (AIFRS). Compliance with AIFRS ensures that the financial report, comprising the financial statements and notes thereto, complies with International Financial Reporting Standards (IFRS) (c) Adoption of new accounting standard The Association has adopted AASB 7 Financial Instruments; Disclosures and all consequential amendments which became applicable on 1 January 2007. The adoption of this standard has only affected the disclosure in these financial statements. There has been no affect on profit and loss or the financial position of the Association or any of its divisions. (d) The Basis of the Combined Report The combined financial report relates to the insurance activities of the Municipal Association of Victoria being its controlled entities the Local Government Mutual Liability Insurance Scheme (trading as Civic Mutual Plus, - CMP), and the Municipal Officers’ Fidelity Guarantee Fund. The presentation of the combined balances is for management purposes only. The two entities are separate independent legal entities. The effects of all transactions between entities in the Combined entity have been eliminated. The financial statements of the entities are prepared for the same reporting period as the Municipal Association of Victoria, using consistent accounting policies. (e) Income tax The entities are exempt from income tax, in accordance with sections 50-10 and 50-25 of the Income Tax Assessment Act 1997. (f) Cash and cash equivalents Cash and cash equivalents in the balance sheet comprise cash at bank and in hand and short-term deposits with an original maturity of three months or less that are readily convertible to known amounts of cash and which are subject to an insignificant risk of changes in value. For the purposes of the Cash Flow Statement, cash and cash equivalents consist of cash and cash equivalents as defined above, net of outstanding bank overdrafts. Bank overdrafts are included within interest-bearing loans and borrowings in current liabilities on the balance sheet. (g) Trade and other receivables Trade receivables, which generally have 30-60 day terms, are recognised initially at fair value and subsequently measured at amortised cost using the effective interest method, less an allowance for impairment. Collectability of trade receivables is reviewed on an ongoing basis at an operating unit level. Individual debts that are known to be uncollectible are written off when identified. An impairment provision is recognised when there is objective evidence that the Group will not be able to collect the receivable. Financial difficulties of the debtor, default payments or debts more than 60 days overdue are considered objective evidence of impairment. The amount of the impairment loss is the receivable carrying amount compared to the present value of estimated future cash flows, discounted at the original effective interest rate. (h) Trade and other payables Trade and other payables are carried at amortised cost due to their short term nature they are not discounted. They represent liabilities for goods and services provided to the Group prior to the end of the financial year that are unpaid and arise when the Group becomes obliged to make future payments in respect of the purchase of these goods and services. The amounts are unsecured and are usually paid within 30 days of recognition. 82> MAV INSURANCE FINANCIAL REPORT 2008/09 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 (i) Investment income Investment income consists of interest which is recognised on a time-proportionate basis that takes into account the effective yield on the financial asset and movements in unit values in cash and fixed interest funds which are carried at fair value through the income statement. (j) Premiums Premiums comprise amounts charged to members of the Schemes for policy cover, net of amounts returned to members as bonuses. The earned portion of premiums received is recognised as revenue. Premiums are treated as earned from date of attachment of risk. The pattern of recognition over the policy is based on time, which is considered to closely approximate the pattern of risks undertaken. (k) Premiums receivable During the month of June each year, the CMP Scheme issues premium notices to Scheme Members. The risk attaches to the premiums in the next accounting period and accordingly the revenue is recognised each following year commencing 1 July. Prior to each balance date members have committed to participate in the scheme and the fund for the ensuing year and accordingly the premiums are disclosed in the balance sheet as ‘contributions receivable’ with an offsetting liability described as ‘contributions billed in advance.’ (l) Claims Claims-incurred expense and liability for outstanding claims are recognised in respect of direct business. The liability covers claims incurred but not yet paid, incurred but not yet reported claims, and the anticipated direct and indirect costs of settling those claims. Claims outstanding are assessed by reviewing individual claim files and estimating claims not notified and settlement costs using statistical and actuarial techniques. The liability for outstanding claims is measured as the present value of the expected future payments, reflecting the fact that all the claims do not have to be paid out in the immediate future. The expected future payments are estimated on the basis of the ultimate cost of settling claims, which is affected by factors arising during the period to settlement such as normal inflation and ‘superimposed inflation.’ Superimposed inflation refers to factors such as trends in court awards, for example increases in the level and period of compensation for injury. The expected future payments are then discounted to a present value at the reporting date using discount rates based on the investment opportunities available to the organisation on the amounts of funds sufficient to meet claims as they became payable. Details of rates applied are disclosed in note 16. Claims-incurred expense has reduced from the prior year due to the impact of: (i) improved risk management practices by members, and (ii) reform to the law of tort. (m) Other financial assets Investments are valued at net market value at balance date. Investment income includes interest received and receivable on investments and changes in net market values of investments in cash and bond unit trusts at call. (n) Cash flows For the purposes of the statement of cash flows, cash includes cash on hand and deposits held at call with banks and investments in cash backed unit trusts net of outstanding bank overdrafts. (o) Reinsurance and other recoveries receivable Reinsurance and other recoveries receivable on paid claims, reported claims not paid, claims incurred but not reported and unexpired risk liabilities are recognised as revenue. Recoveries receivable are assessed in a manner similar to the assessment of outstanding claims. Recoveries are measured as the present value of the expected future receipts, calculated on the same basis as the liability for outstanding claims. Reinsurance recoveries are reduced from the prior year due to a reduction in claims caused by: (i) improved risk management practices by members, and (ii) reform to the law of tort. (p) Revenue recognition Revenue is recognised to the extent that it is probable that the economic benefit will flow to the entity and the revenue can be reliably measured. The following specific recognition criteria must also be met before revenue is recognised. (i) Premiums – recognised in the period the fund is at risk. (ii) Future reinsurance and other recoveries – on an accruals basis. (iii) Investment Income – on an accruals basis including adjustments to bring values of cash backed unit trusts to account as investment income. (q) Comparative figures Where necessary, comparative figures have been adjusted to conform with changes in presentation in the current year. (r) Catastrophe insurance Catastrophe insurance relates to insurance premiums paid to reinsurers in accordance with the established reinsurance strategy of the entity and in order to protect the insurance businesses from catastrophic and unforseen claims. MAV INSURANCE FINANCIAL REPORT 2008/09 >83 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 COMBINED NOTE 2009 $ CIVIC MUTUAL PLUS 2008 $ 2009 2008 $ MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND 2009 $ $ 2008 $ 3. REVENUE FROM ORDINARY ACTIVITIES REVENUES FROM OPERATING ACTIVITIES Premiums 19,520,661 29,561,562 18,880,563 28,937,693 Performance bonus Reinsurance and other recoveries 18 2(o) TOTAL REVENUE FROM OPERATING ACTIVITIES 4,541,737 3,911,250 4,541,737 640,098 3,911,250 623,869 - - 22,029,456 14,323,078 21,951,895 14,304,228 77,561 18,850 46,091,854 47,795,890 45,374,195 47,153,171 717,659 642,719 REVENUES FROM NON-OPERATING ACTIVITIES Investment income 1,182,050 583,815 1,158,004 546,806 24,046 37,009 TOTAL REVENUE FROM OUTSIDE THE OPERATING ACTIVITIES 1,182,050 583,815 1,158,004 546,806 24,046 37,009 47,273,904 48,379,705 46,532,199 47,699,977 741,705 679,728 Paid 14,623,047 17,118,906 14,420,205 16,930,256 202,842 188,650 Outstanding claims at end of financial year 11(a) & 2(l) 75,108,229 56,676,074 75,000,229 56,568,074 108,000 108,000 (108,000) (108,000) 202,842 188,650 TOTAL REVENUE FROM ORDINARY ACTIVITIES 4(a)CLAIMS EXPENSES Outstanding claims at beginning of financial year TOTAL CLAIMS EXPENSES (56,676,074) (60,277,819)(56,568,074) (60,169,819) 33,055,202 13,517,161 32,852,360 13,328,511 4(b)ADMINISTRATION AND GENERAL EXPENSES The following items have been recognised in the operating surplus (deficit): Stamp duty Audit fees Administration Actuary and legal fees 1,320,223 1,826,241 104,837 93,013 1,474,468 1,331,784 270,518 274,126 1,320,223 1,826,241 99,818 84,465 5,019 - - 1,462,837 1,326,524 11,631 5,260 253,031 262,884 17,487 11,242 8,548 Scheme management fee 3,233,446 3,450,454 3,123,175 3,342,104 110,271 108,350 TOTAL EXPENDITURE 6,403,492 6,975,618 6,259,084 6,842,218 144,408 133,400 5. AUDITOR’S REMUNERATION Amounts payable or due and payable for audit services: AUDIT OF THE ENTITY 104,837 TAX COMPLIANCE 104,837 84> MAV INSURANCE FINANCIAL REPORT 2008/09 93,013 - 99,818 93,013 84,465 - 99,818 84,465 5,019 5,019 8,548 8,548 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 COMBINED 2009 $ CIVIC MUTUAL PLUS 2008 $ 2009 2008 $ $ MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND 2009 $ 2008 $ 6. SCHEME MANAGEMENT FEES Included within administration and general expenses are management fees for: Re-Insurance placement 1,826,074 1,771,292 1,826,074 1,771,292 1,407,372 1,679,162 1,297,101 1,570,812 110,271 108,350 3,233,446 3,450,454 3,123,175 3,342,104 110,271 108,350 Claims management 1,131,280 1,373,860 1,041,058 1,285,210 90,222 88,650 TOTAL SCHEME MANAGEMENT FEES 4,364,726 4,824,314 4,164,233 4,627,314 200,493 197,000 Risk management and administrative services Total administratiion 4(b) - - 7. LEASING COMMITMENTS Operating lease commitments, being for lease of leasehold premises: Not later than one year - 130,700 - 130,700 - - Later than one year but not later than five years - 1,758,769 - 1,758,769 - - Later than five years - 1,639,251 - 1,639,251 - - TOTAL LEASE COMMITMENT - 3,528,720 - 3,528,720 - - 8. NOTES TO THE CASH FLOW STATEMENT (a) Cash and cash equivalents at balance date as shown in the Statement of Cash Flows are held in Standard and Poor’s rated AA and AAf rated cash deposits and are reconciled to the related items in the Balance Sheet as follows: Cash at bank 7,193,653 6,182,359 6,942,637 5,862,815 251,016 319,544 Other financial assets 18,097,031 13,418,852 17,876,490 13,209,648 220,541 209,204 TOTAL CASH 25,290,684 19,601,211 24,819,127 19,072,463 471,557 528,748 (2,664,329) (b) Reconciliation of Net Cash Used In Operating Activities to Operating Surplus/(Deficit) Surplus/(deficit) for year 8,121,847 (2,613,255) 8,175,121 (51,074) (53,274) 2,572,336 2,147,495 (329) 424,841 (5,788) (31,436) - - - - - (384,426) CHANGES IN ASSETS AND LIABILITIES (Increase)/decrease in accounts receivable 2(o) Increase/(decrease) in accounts payable (120,593) (1,153,782) (Increase)/decrease in provision for reinsurance recoveries Increase/(decrease) in outstanding claims Increase/(decrease) in unearned revenue CASH FLOWS (USED IN)/ FROM OPERATIONS 2,485,237 2(o) (11,959,171) 2,485,566 (114,805) (1,122,346) 3,817,871(11,959,171) 3,817,871 17,660,270 (3,315,415) 17,660,270 (3,315,415) 288,059 (12,325,120) 5,689,473 (2,282,263) 288,059 (11,940,694) 5,746,664 (2,237,968) (57,191) (44,295) MAV INSURANCE FINANCIAL REPORT 2008/09 >85 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 COMBINED NOTE 2009 $ CIVIC MUTUAL PLUS 2008 $ 2009 2008 $ MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND 2009 $ $ 2008 $ 9. RECEIVABLES Future reinsurance and other recoveries receivable 2(o) Discount to present value 72,327,806 64,964,029 72,327,806 64,964,029 - - (9,215,000) (9,199,110) (9,215,000) (9,199,110) - - 63,112,806 55,764,919 63,112,806 55,764,919 - - - - - - Less: Doubtful Debts Premiums receivable - (1,148,000) 2(k) Other receivables - (1,148,000) 17,863,762 18,946,413 17,863,762 18,946,413 3,946 3,613 TOTAL RECEIVABLES 84,272,364 73,857,611 84,268,418 73,853,998 3,295,796 294,279 3,291,850 290,666 3,946 3,613 Represented by: CURRENT 34,804,558 34,608,056 34,800,612 34,604,443 3,946 3,613 NON-CURRENT 49,467,806 39,249,555 49,467,806 39,249,555 TOTAL 84,272,364 73,857,611 84,268,418 73,853,998 3,946 3,613 Reinsurance recoveries are due from reinsurers with Standard and Poor’s ratings of AA+, AA-, A+ and A. Other recoveries are due from unrated local authorities based in Victoria and Tasmania. The ageing analysis of premiums receivable and other receivables are as follows: Total >30 days 31-60 days 61-90 days >90 days 2008 Combined 21,159,558 21,159,558 - - - Civic Mutual Plus 21,155,612 21,155,612 - - - - - - Fidelity Fund 3,946 3,946 2007 Combined 19,240,692 19,240,692 - - - Civic Mutual Plus 19,237,079 19,237,079 - - - - - - Fidelity Fund 3,613 3,613 All premiums receivable and other receivables are due from local authorities based in Victoria and Tasmania. 10. PREMIUMS IN ADVANCE Contributions billed in advance 2(k) 19,168,622 18,880,563 19,168,622 18,880,563 11(a)OUTSTANDING CLAIMS Central estimate 2(l) Discount to present value - 81,069,229 61,703,251 80,979,229 61,613,251 (10,728,000) (8,679,823)(10,728,000) (8,679,823) 70,341,229 53,023,428 70,251,229 52,933,428 Claims handling costs Risk margin 90,000 11(b) 2,807,000 2,464,530 2,807,000 2,464,530 1,960,000 1,188,116 1,942,000 1,170,116 90,000 - 90,000 90,000 - - 18,000 18,000 108,000 TOTAL OUTSTANDING CLAIMS 75,108,229 56,676,074 75,000,229 56,568,074 108,000 Comprising: CURRENT 20,352,000 17,529,018 20,244,000 17,421,018 108,000 NON-CURRENT 54,756,229 39,147,056 54,756,229 39,147,056 TOTAL CLAIMS PROVISION 75,108,229 56,676,074 75,000,229 56,568,074 86> MAV INSURANCE FINANCIAL REPORT 2008/09 - 108,000 - 108,000 108,000 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 11(b)RISK MARGIN - PROCESS FOR DETERMINING RISK MARGIN Figures for private insurers published by APRA in October 2006 showed an average risk margin of 15.7% for public and product liability outstanding claims, and 11.3% for professional indemnity. Based on these averages, and on three actuarial publications, Cumpston Sarjeant Pty Ltd, the appointed actuary, recommended that risk margins be adopted intended to give an overall risk margin of 15% for outstanding claims, in the absence of reinsurance. After allowing for the extent of reinsurance for each year, Cumpston Sarjeant calculated risk margins for each year, in total being 1.8% of gross outstanding claims. They recommended a risk margin of 20% for the net unexpired risk liability. These risk margins give a probability of approximately 75% that the provisions including the risk margins will prove adequate to meet the relevant liabilities. 11(c) COMBINED RECONCILIATION OF MOVEMENT IN DISCOUNTED OUTSTANDING CLAIMS LIABILITY NOTE GROSS 2009 $ REINSURANCE $ Outstanding claims brought forward 56,676,074 54,616,919 Changes in assumptions 14,151,030 13,456,008 Increase in claims incurred/ recoveries anticipated 17,660,272 Incurred claims recognised in income statement 31,811,302 21,951,895 Claim payments/recoveries during the year 8,495,887 (13,379,147)(13,456,008) NET $ GROSS 2008 $ NET REINSURANCE $ $ 2,059,155 60,277,819 56,128,981 4,148,838 695,022 15,358,718 15,816,289 (457,571)) 9,164,385 (3,315,417) (1,512,062) (1,803,355) 9,859,407 12,043,301 14,304,228 (2,260,926) 76,861 (15,645,046) (15,816,289) 171,244 Outstanding claims carried forward 75,108,229 63,112,806 11,995,423 56,676,074 54,616,919 2,059,155 12. NET CLAIMS INCURRED CURRENT YEAR $ 2009 PRIOR YEAR $ TOTAL CURRENT YEAR $ $ 2008 TOTAL $ PRIOR YEAR $ COMBINED Gross claims and related expenses - undiscounted 34,339,364 Discount (5,084,000) 3,035,823 (2,048,177) (1,885,258) 4,544,924 Gross claims and related expenses - discounted 29,255,364 3,799,838 33,055,202 11,027,000 2,490,161 13,517,161 Reinsurance and other recoveries - undiscounted (4,557,151) (7,140,240) (11,697,390) Discount 21,466,000 (31,798,066) (10,332,066) Reinsurance and other recoveries - discounted 16,908,849 (38,938,305) (22,029,456) NET CLAIMS INCURRED 46,164,213 (35,138,467) 11,025,746 764,015 35,103,379 12,912,258 (2,054,763) 10,857,495 (9,120,578) 2,659,666 (1,879,609) (11,000,187 264,547 (3,587,438) (3,322,891) (8,856,031) (5,467,047) (4,323,078) 2,170,969 (2,976,886) (805,917) CIVIC MUTUAL PLUS Gross claims and related expenses - undiscounted 34,136,522 Discount (5,084,000) 3,035,823 (2,048,177) (1,885,258) 4,544,924 Gross claims and related expenses - discounted 29,052,522 3,799,838 32,852,360 10,838,350 2,490,161 13,328,511 Reinsurance and other recoveries - undiscounted (4,479,590) (7,140,240) (11,619,829) (9,101,728) (1,879,609) (10,981,337) Discount 21,466,000 (31,798,066) (10,332,066) Reinsurance and other recoveries - discounted 16,986,410 (38,938,305) (21,951,895) (8,837,181) (5,467,047) (14,304,228) NET CLAIMS INCURRED 46,038,932 (35,138,467) 10,900,465 764,015 34,900,537 12,723,608 (2,054,763) 10,668,845 2,659,666 264,547 (3,587,438) (3,322,891) 2,001,169 (2,976,886) (975,717) MAV INSURANCE FINANCIAL REPORT 2008/09 >87 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 12. NET CLAIMS INCURRED (continued) CURRENT YEAR $ 2009 TOTAL CURRENT YEAR $ $ PRIOR YEAR $ 2008 TOTAL $ PRIOR YEAR $ MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND Gross claims and related expenses - undiscounted 202,842 - Discount - Gross claims and related expenses - discounted 202,842 Reinsurance and other recoveries - undiscounted (77,561) Discount 202,842 188,650 - - - - 202,842 - (77,561) - 188,650 - 188,650 - - - 188,650 (18,850) - (18,850) - - - - Reinsurance and other recoveries - discounted (77,561) - (77,561) (18,850) - (18,850) NET CLAIMS INCURRED 125,281 - 125,281 169,800 - 169,800 2004 2005 2006 2007 2008 TOTAL $ $ $ $ $ $ 13. CLAIMS DEVELOPMENT TABLE ACCIDENT YEAR NOTE GROSS ESTIMATE OF ULTIMATE CLAIMS COST - CIVIC MUTUAL PLUS At end year of accident 18,375,690 19,426,057 12,918,950 11,438,398 33,095,464 One year later 17,546,887 14,414,065 10,750,452 14,574,373 Two years later 17,554,596 13,972,302 12,452,238 Three years later 14,652,975 13,554,890 Four years later 15,482,088 Current estimate of cumulative claims cost 15,482,088 13,554,890 12,452,238 14,574,373 33,095,464 89,159,053 Cumulative payments (6,868,087) (3,862,390) (2,536,169) (1,226,994) (1,825,735) (16,319,375) Outstanding claims - undiscounted 8,614,001 9,692,500 19,916,069 13,347,379 31,269,729 72,839,678 Discount (12,825,587) Claims handling expense 2,913,587 2004 and prior TOTAL GROSS OUTSTANDING CLAIMS - CIVIC MUTUAL PLUS 12,072,551 11(a) 75,000,229 TOTAL GROSS OUTSTANDING CLAIMS - MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND 11(a) 108,000 COMBINED GROSS OUTSTANDING CLAIMS 11(c) 75,108,229 NET ESTIMATE OF ULTIMATE CLAIMS COST At end year of accident 2,125,606 2,182,437 2,103,826 2,336,670 28,615,874 One year later 1,847,897 2,104,523 1,723,493 1,146,195 Two years later 2,191,811 1,832,851 1,789,409 Three years later 1,605,025 1,340,145 Four years later 1,698,565 88> MAV INSURANCE FINANCIAL REPORT 2008/09 NOTES TO AND FORMING PART OF THE FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 13. CLAIMS DEVELOPMENT TABLE (continued) ACCIDENT YEAR 2004 2005 2006 2007 2008 TOTAL $ $ $ $ $ $ NOTE Current estimate of cumulative claims cost Cumulative payments Outstanding claims - undiscounted 1,698,565 (1,334,562) 364,003 1,340,145 1,789,409 (494,146) (858,840) 845,999 1,146,195 28,615,874 34,590,188 (362,815) (1,788,146) (4,838,509) 930,569 783,380 26,827,728 29,751,679 Discount (20,675,067) Claims handling expense 1,190,067 2004 and prior 1,620,744 TOTAL GROSS OUTSTANDING CLAIMS - CIVIC MUTUAL PLUS 11,887,423 TOTAL NET OUTSTANDING CLAIMS - MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND 108,000 COMBINED NET OUTSTANDING CLAIMS 11(c) 11,995,423 These tables show the trend in the balance of outstanding claims. 14. FINANCIAL RISK MANAGEMENT POLICIES AND OBJECTIVES The Group’s exposure to interest rate risk and the effective average interest rate for the classes of financial assets are set out below: COMBINED NON-INTEREST EARNING $ CIVIC MUTUAL PLUS FLOATING NON-INTEREST INTEREST RATE EARNING $ $ MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND FLOATING NON-INTEREST FLOATING INTEREST RATE EARNING INTEREST RATE $ $ $ 2009 FINANCIAL ASSETS Bank - Cash investments - 18,097,030 7,193,654 - 6,942,637 - 17,876,490 Receivables 84,272,364 TOTAL FINANCIAL ASSETS 84,272,364 25,290,684 84,268,418 24,819,127 Weighted average interest rate - 84,268,418 5.3% - - 251,017 - 220,540 3,946 - 3,946 471,557 5.3% 4.8% FINANCIAL LIABILITIES Outstanding claims 75,108,229 - 75,000,229 - Unearned premiums/subscriptions 19,168,622 - 19,168,622 - - - 3,502 - 111,502 Accounts payable TOTAL FINANCIAL LIABILITIES Weighted average interest rate 2,151,665 96,428,516 2,148,163 - 96,317,014 0% 0% 108,000 - 0% MAV INSURANCE FINANCIAL REPORT 2008/09 >89 COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 14. FINANCIAL RISK MANAGEMENT POLICIES AND OBJECTIVES (continued) COMBINED NON-INTEREST EARNING $ CIVIC MUTUAL PLUS FLOATING NON-INTEREST INTEREST RATE EARNING $ $ MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND FLOATING NON-INTEREST FLOATING INTEREST RATE EARNING INTEREST RATE $ $ $ 2008 FINANCIAL ASSETS Bank - Cash investments - 13,418,852 6,182,359 - 5,862,815 - 13,209,648 Receivables 73,857,611 TOTAL FINANCIAL ASSETS 73,857,611 19,601,211 73,853,998 19,072,463 - 73,853,998 Weighted average interest rate - 2.8% - 319,544 - 209,204 3,613 3,613 2.7% 528,748 6.7% FINANCIAL LIABILITIES Outstanding claims 56,676,074 - 56,568,074 - Unearned premiums/subscriptions 18,880,563 - 18,880,563 - - - - - 9,286 - Accounts payable 2,078,831 TOTAL FINANCIAL LIABILITIES 24,493 Weighted average interest rate 77,659,961 2,069,545 108,000 - 24,493 - - 77,542,675 - 0% 117,286 - 0% 0% The carrying amounts of financial assets and financial liabilities represent their approximate net fair value. All maturity dates are within twelve months. The table below reflects all contractually fixed pay-offs and receivables for settlement, repayments and interest resulting from recognised financial assets and liabilities as at 30 June 2009. Cash flows for financial assets and liabilities without fixed amount or timing are based on conditions existing at 30 June 2009. The remaining contractual maturities of the financial liabilities are: COMBINED CIVIC MUTUAL PLUS 2008 2009 $ 2009 $ 2008 $ MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND 2009 $ 2008 $ 26,509,662 25,509,947 26,398,160 25,392,661 3-12 months 15,162,625 12,978,465 15,162,625 12,978,465 - - 1-5 years 42,220,169 35,394,418 42,220,169 35,394,418 - - Over 5 years 12,536,060 3,777,131 12,536,060 111,502 $ 3 months or less 3,777,131 96,428,516 77,659,961 96,317,014 77,542,675 117,286 111,502 117,286 Maturity analysis of financial assets and liabilities based on management’s expectation. The risk implied from the values in the table below, reflects a balanced view of cash inflows and outflows. These liabilities originate from insurance contracts and other financial assets used in the ongoing operations of the business. These assets are considered in the Association’s overall liquidity risk. To monitor existing financial assets and liabilities as well as to enable effective controlling of future risks, the Association has established a comprehensive risk reporting covering its insurance business that reflects the expectations of the management of expected settlement of financial assets and liabilities. 90> MAV INSURANCE FINANCIAL REPORT 2008/09 COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 14. FINANCIAL RISK MANAGEMENT POLICIES AND OBJECTIVES (continued) Year Ended 30 June 2009 <3 months $ 3-12 months $ 1-5 years >5 years Total $ $ $ - - 25,290,684 COMBINED FINANCIAL ASSETS Cash and cash equivalents 25,290,684 - Receivables 23,674,558 11,130,000 38,753,806 10,714,000 84,272,364 48,965,242 11,130,000 38,753,806 10,714,000109,563,048 COMBINED FINANCIAL LIABILITIES Outstanding claims Unearned premiums/ subscriptions Accounts payable TOTAL FINANCIAL LIABILITIES 5,189,375 15,162,625 42,220,169 12,536,060 75,108,229 19,168,622 - - - 19,168,622 2,151,665 - - - 2,151,665 25,509,662 15,162,625 42,220,169 12,536,060 96,428,516 NET MATURITY Risk management objectives and policies for mitigating insurance risk The local government mutual liability scheme (trading as Civic Mutual Plus) is established by legislation contained in the Municipal Association Act 1907. Membership is available to local government councils and prescribed bodies. The Scheme operates in Victoria and Tasmania to provide services to members in respect of their potential and actual liabilities. A member may seek indemnity from the Scheme in respect of a claim. Actuarial models, using information from the Scheme’s management information systems are used to confirm contributions and monitor claim patterns. Past experience and statistical methods are used as part of the process. The principal risk is that the frequency and severity of claims is greater than expected. Civil liability risk events are, by their nature, random, and the actual number and size of events during any one-year may vary from those estimated using established statistical techniques. Objectives in managing risk arising from insurance and policies for mitigating those risks The Scheme has an objective to control insurance risk thereby reducing the volatility of its operating surplus. In addition to the inherent uncertainty of civil liability risks, which can lead to variability in the loss experience, operating surpluses can also be affected by external factors, such as competition and movements in asset values. The Scheme relies on a strong relationship with its members and actively encourages them to adopt practices of risk management that reduce the incidence of claims to the Scheme. Reinsurance strategy The Scheme adopts a conservative approach towards management of risk and does this by utilising various risk transfer options. The MAV Insurance Committee determines the level of risk, which is appropriate for the Scheme having regards to ordinary concepts of prudence and regulatory constraints. The risk transfer arrangements adopted by the Scheme include the utilisation of commercial reinsurance / excess arrangements. These arrangements include constant review of both reinsurers’ financial strength, and ensuring spread of risk among reinsurers who meet the requirements of the MAV insurance policies. These risk transfer arrangements assist the Scheme to limit exposures to large single claims and catastrophic events. These programs are regularly reviewed each year to ensure that they continue to meet the risk needs of the Scheme. Terms and conditions of membership Membership to the Scheme is offered to eligible bodies and renewed annually on 30th June. Payment of the annual contribution confirms continuation of membership. Termination of membership is subject to at least 90 days written notice of intention as laid out by the Scheme Rules. Product features The Scheme operates in Victoria and Tasmania. Should a claim be accepted the Scheme provides indemnity to the member in respect of their civil liabilities for $500 million public / products liability and $300 million for professional indemnity insurance, subject to any excess, for any claim incurred anywhere throughout the world. Operating surpluses arise from the total contributions charged to members less the amounts paid to cover claims and the expenses incurred by the Scheme. MAV INSURANCE FINANCIAL REPORT 2008/09 >91 COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 14. FINANCIAL RISK MANAGEMENT POLICIES AND OBJECTIVES (continued) Management of risks The key insurance risks that affect the Scheme are contribution risk, and claims experience risk. Contribution risk is the risk that the Scheme does not charge contributions appropriate for the indemnity cover it provides. The Scheme partially manages contribution risk through its proactive approach to risk management that addresses all material risks both financial and non-financial. There are no specific terms and conditions that are expected to have a material impact on the financial statements. Claims experience risk is managed through the non-financial risk assessment and risk management and reinsurance management process. Claims experience is monitored on an ongoing basis to ensure that any adverse trending is addressed. The Scheme is able to reduce the claims experience risk of severe losses through the reinsurance program, and by managing the concentration of insurance risks. Concentration of insurance risks Insurance risk is managed by taking a long term approach to setting the annual contribution rates that eliminates price fluctuations, appropriate investment strategy, reinsurance and by maintaining an active state-wide risk management profile. It is vital that the Scheme spreads its risk of reinsurance failure by ensuring reinsurers are of high financial quality and can meet their commitments to the Association. The Association maintains policies and strategies and receives advice from an independent actuary on at least an annual basis in order to determine the concentration and amount of risk exposure. The Association keeps abreast of changes in the general economic, legal and commercial environment in which it operates. AAA +/$m Reinsurance and other recoveries on outstanding claims Reinsurance and other recoveries on paid claims Reinsurance and other recoveries on paid claims AA +/$m CREDIT RATING A +/$m BBB $m SPECULATIVE GRADE $m NOT RATED $m TOTAL $m 2009 - 2.28 25.67 - - 1.61 29.56 2008 - 17.79 9.98 - - 2.13 29.90 2009 - 1.37 3.12 - - 1.47 5.96 2008 - 3.88 0.43 - - 1.42 5.73 NEITHER PAST DUE NOR IMPAIRED $’000 LESS THAN 3 MONTHS $’000 PAST DUE BUT NOT IMPAIRED 3 TO 6 6 MONTHS MONTHS TO 1 YEAR $’000 $’000 GREATER THAN 1 YEAR $’000 IMPAIRED TOTAL $’000 $’000 2009 - 3.94 0.12 0.38 0.09 1.43 5.96 2008 - 2.21 0.55 0.99 0.61 1.37 5.73 Interest rate risk The reinsurance indemnity contracts contain no clauses that expose the Scheme, directly to interest rate risk. The reinsurance contracts are long term arrangements, reviewed and payable annually. IMPACT OF CHANGES IN INTEREST RATES - CIVIC MUTUAL PLUS Variable Current Rate % Change variable to % 92> MAV INSURANCE FINANCIAL REPORT 2008/09 4.75% $ Operating surplus at 30 June 2014 $ Total accumulated funds after the impact of applying variable $ (2,613,255) 13,167,889 12,770,531 5.75% (2,553,626) 14,759,523 13,068,733 3.75% (2,674,276) 11,582,865 12,452,498 Base value at 30 June 2009 Interest rate pa Operating surplus at 30 June 2009 COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 14. FINANCIAL RISK MANAGEMENT POLICIES AND OBJECTIVES (continued) Credit risk The Scheme is exposed to credit risk on insurance contracts as a result of exposure to reinsurers. The credit risk to reinsurers is managed through the Scheme’s Reinsurance Management Strategy and policies that includes regularly monitoring both the financial rating of the reinsurers both prior to and during the reinsurance program and the flow of payments coming from the reinsurers. Investments in cash and cash equivalents at balance date as shown in the Statement of Cash Flows are held in Standards and Poor’s rated AA and AAf rated cash deposits. Price risk Investments held are not subject to price risk. Investments are cash deposits held in Australian banks. 15. ACCOUNTING ESTIMATES AND JUDGEMENTS The Scheme makes estimates and judgements in respect of certain key assets and liabilities. Estimates and judgements are continually reviewed and are based on past experience and other factors, including expectations of future events that are believed to be reasonable under the circumstances. The key areas in which critical estimates and judgements are applied are described below. (a) Estimation of outstanding claims liability Provision is made at the year-end for the estimated cost of claims incurred but not settled at the balance sheet date, including the cost of claims incurred but not yet reported (‘IBNR’) to the Scheme. The Scheme takes all reasonable steps to ensure that it has appropriate information regarding its claims exposure. However, given the uncertainty in establishing claims provisions, it is likely that the final outcome may be different from the original liability established. Provisions are calculated gross of all recoveries. A separate estimate is made of the amounts that will be recoverable from reinsurers and any third party. The determination of an appropriate outstanding claims provision involves: (i) Establishing a case estimate for each reported claim at year-end taking into account legal advice where appropriate on larger claims; (ii) Allowance for incurred but not reported claims as confirmed by the actuarial review on 30 June 2009; (iii) An allowance of 4% for claim settlement expenses, as assumed by the Actuary; (iv) Allowances for discount at 4.75%, as assumed by the Actuary; (v) A risk margin of 20% of net outstanding claims after the effect of reinsurance has been applied, as assumed by the Actuary. Details of specific actuarial assumptions used in deriving the outstanding claims liability at year-end are detailed in note 16. (b) Assets arising from reinsurance contracts Assets arising from reinsurance contracts were estimated for each accident year, from the payments to date and estimated outstanding claims history at 30 June 2009, taking into account the reinsurance terms applying to that accident year. In calculating the present value of reinsurance recoveries, allowance was made for an average recovery delay of three and half months, as assumed by the Actuary. In accordance with the Actuarial recommendations an allowance was made for non-recoveries from relevant insurers. 16. ACTUARIAL ASSUMPTIONS AND METHODS Actuarial assumptions The following assumptions have been made in determining the outstanding claims liabilities: 2009 2008 3.25% 4.5% Claim administration expense 4% 4% Superimposed inflation 1% 2% 4.75% 6.7% 20% 20% KEY ACTUARIAL ASSUMPTIONS Wage inflation Discount rate Risk margin MAV INSURANCE FINANCIAL REPORT 2008/09 >93 COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 16. ACTUARIAL ASSUMPTIONS AND METHODS (continued) Process used to determine actuarial assumptions A description of the processes used to determine the above key actuarial assumptions is provided below: Civic Mutual Plus has provided public and professional indemnity insurance to local government bodies in Victoria and Tasmania and other bodies constituted under any Act for any public or local governing purpose since 30 September 1993. The Actuary was supplied aggregate data on claims from each years cover at each balance date, together with details for each claim at various dates, including 30 June 2009. The individual claim payments and case estimates reconciled closely with totals in Civic Mutual Plus’s financial statements for each year of cover. The actuary made estimates of gross outstanding claims with 4 differential actuarial methods – payments per person incurred, developed claims incurred, and developed case estimates plus estimated claim incurred but not reported. The actuary selected the last of these methods, including a 25% allowance for case estimate development, for use in estimating outstanding claims. Payments were projected with a payment pattern, based on past experience, assuming an average delay of 4.6 years from the middle of the accident year. Estimates of outstanding non reinsurance recoveries were made by a recoveries per person insured method. During the 2001 financial year three of the participants in the Scheme’s reinsurance program FAI, HIH and Independent were placed into the hands of liquidators. These companies were part of the reinsurance programs in fund years from 1994 to 1998. The Committee continues to constantly monitor the position with a view to ensuring that the Scheme takes all reasonable steps to protect its position and to maximise potential recoveries. In accordance with the Committees prudent approach to reserving within the actuarial calculation of the central estimate of reinsurance recoveries, the estimated future recoveries from FAI, HIH and Independent is assumed to be zero. Estimates of reinsurance recoveries were made from projected gross payments and non reinsurance recoveries, allowing for the different insurance treaties applying to each year and assuming an average 4 months delay in the receipt of reinsurance recoveries. Recoveries from FAI, HIH and Independent have been assumed to be zero. Based on the yields of medium term Commonwealth bonds at 30/6/2009 the discount rate was assumed to be 4.75% pa. Based on the actual expense rates of Civic Mutual Plus, claim administration expenses were assumed to be 4% of the net claim payments. Based on averages for private insurers by APRA, and on three actuarial publications the actuary recommended that risk margins be adopted intended to give an overall risk margin of 15% for outstanding claims, in the absence of reinsurance. After allowing for the extent of reinsurance for each year the actuary calculated risk margins for each year, in total being 1.8% of gross outstanding claims liabilities. The actuary considered that these risk margins are likely to give a probability of about 75% that the provisions including the risk margins will prove adequate to meet the relevant liabilities. Unexpired risk liabilities were estimated by bringing gross claim incurred estimates for each of the 10 years to 30/6/03 to 2008/09 values using Victorian average weekly earnings adjusting for membership changes and fitting a trend line to the 10 years. The trend value for 02-03 was projected to 2008/09, assuming a 20% drop due to tort reform, superimposed inflation at 1% pa and population growth at 1.3% pa. After allowing for reinsurance costs and a risk margin of 20%, no premium deficiency was apparent. VARIABLE IMPACT OF MOVEMENT IN VARIABLE Wage inflation Expected future payments are inflated to take account of inflationary increases. An increase or decrease in the assumed levels of economic inflation would have a corresponding impact on claims expense, with particular reference to longer tail claims. Superimposed inflation In addition to the general economic inflation rate an amount is superimposed to take account of non-economic inflationary factors, such as increases in court awards. Such rates of superimposed inflation are specific to the model adopted. An increase or decrease in the assumed levels of superimposed inflation would have a corresponding impact on claims expense, with particular reference to longer tail claims. Discount rate The outstanding claims liability is calculated by reference to expected future payments. These payments are discounted to adjust for the time value of money. An increase or decrease in the assumed discount rate will have an opposing impact on total claims expense. Case estimate development Case estimates are initially established in accordance with established guidelines and by reference to the known facts. Where new information becomes available the initial case estimate will change. This development movement is applied to open claims and will have a corresponding impact on claims expense. 94> MAV INSURANCE FINANCIAL REPORT 2008/09 COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 16. ACTUARIAL ASSUMPTIONS AND METHODS (continued) IMPACT OF CHANGES IN KEY VARIABLES CIVIC MUTUAL PLUS Variable Current Rate % Change variable to % Base value at 30 June 2009 Inflation rate pa 3.25% 4.25% Operating surplus at 30 June 2009 $ Operating surplus at 30 June 2014 $ Total accumulated funds after the impact of applying variable $ (2,613,255) 13,167,889 12,770,531 (2,634,773) 12,229,214 12,666,234 2.25% $(2,592,529) $14,078,653 $12,872,625 17. CAPITAL MANAGEMENT OBJECTIVES The Association is specifically excluded from the provisions of the Insurance Act and from APRA regulation. There is no externally imposed capital requirement on the Association. The Association’s capital management philosophy is focused on capital efficiency and effective risk management to support a progressive business model for the benefit of members of both CMP and the Municipal Officers’ Fidelity Guarantee Fund. The independent actuary provides advice on the target capital holding on at least an annual basis. The target capital holding is to be at a level that provides operational flexibility, avoids sudden increases in contribution levels in response to fluctuations in surplus and ensures solvency in the event of the maximum likely adverse event. Both CMP and the Municipal Officers’ Fidelity Guarantee Fund are non discretionary mutual funds and have as a last resort an ability to claim against its members to protect its capital holdings. The independent actuary has advised that a sufficient capital holding at 30 June 2009 is a minimum of $14.73 million. The actual capital holding as at 30 June 2009 was $12.77 million. The capital holding has been negatively impacted by the net increase in claims costs related to Victorian bushfires amounting to $8.5 million. A five-year financial strategy is in place to increase the capital holding to at least the minimum required as per the actuary’s advice. 18. CONTINGENT ASSET - REINSURANCE PERFORMANCE BONUS CMP, in conjunction with similar local government self insured mutual liability schemes around Australia has entered into a performance bonus arrangement with its primary reinsurers, based on the national local government claims experience. The arrangement enables any surplus per each year over the five-year reinsurance period to be shared between the various Schemes and the reinsurers on a proportional basis. The actuary has calculated the potential value of the CMP Scheme’s performance bonus for the remaining period of the five-year program, at balance date, to be $9.3 million (2008 $13.4 million). Performance bonus totalling $2.841 million became due and receivable on 30 June 2009 and has been received at the date of this report. There is significant potential for future events to impact the performance bonus receivable and a number of variable factors involved in the final determination of the Scheme’s performance bonus. Accordingly the directors are not satisfied at 30 June 2009 that the potential benefit is an asset that is probable of receipt and reliably measurable. The financial statements do not include any value attributable to the potential performance bonus not yet received. The position will be monitored on an annual basis. 19. VICTORIAN BUSHFIRES CMP provides public liability and professional indemnity insurance to councils affected by the Victorian bushfires. The Municipal Association of Victoria on behalf of CMP is representing councils at the Victorian Royal Commission into the bushfires. There are 27 councils that could be impacted of which half may be subject to an insurance claim. Councils are not substantially liable for the causes or the affects of the bushfires and as such the quantum of any potential liability is uncertain. The extent of any potential liability for councils will be impacted substantially by the number of events that occurred and the extent of the insurance excesses of affected councils. In addition, CMP is protected by a strong reinsurance program involving financially sound Australian and international reinsurers. A best estimate of the potential liability of CMP relating to the Victorian cushfires is $28.5 million. This amount has been included in the provision for claims outstanding. 20. CATASTROPHE INSURANCE EXPENSE On 1 July 2008 CMP increased its reinsurance retention levels. This has led to a significant reduction in the Catastrophe Insurance Expense for the year. In addition to reduced Catastrophe Insurance Expenses the future impact of the increased retention level will also be a reduction in the proportion of the reinsurance recovery relating to claims incurred from 1 July 2008. MAV INSURANCE FINANCIAL REPORT 2008/09 >95 COMBINED FINANCIAL STATEMENTS FOR THE YEAR ENDED 30 JUNE 2009 21. RELATED PARTIES The Municipal Association of Victoria is a body corporate established under the Municipal Association Act 1907 to provide services for and the representation of local government authorities in Victoria. The Association and its wholly-owned controlled entities, including MAV Insurance, trade with its members in the normal course of business and on an arm’s length basis. The Deed of Establishment provides for the MAV to appoint a Committee of Management (MAVIC) to be responsible for the administration of the Scheme. Mr A. Nye is the Chairman of the Victorian Managed Insurance Authority (VMIA) and President of the Metropolitan Fire and Emergency Services Board and Mr R. Farrell was a Board Director of VMIA up to 28 February 2009. The MAV and the VMIA from time to time have conflicting interests in insurance claims matters. Any such claims were settled on commercial terms without the involvement of these Committee members. The discreet nature of these transactions is not material. Total expenses of $700,291 (2008 $512,356 ) were payable to the Municipal Association of Victoria being payment for administrative support, and overseeing the management of the insurance activities, including the conduct of bi-monthly committee meetings. Other than this there were no material related party transactions during the year. Committee members during the year J. Warburton (Independent Chairperson) A. Murphy OAM (Independent) Cr. R. Gross (MAV President to November 2008) Cr. S. Alessi (MAV President from November 2008 to April 2009) Cr. W McArthur ( MAV President from April 2009) A. Garcia (LGAT Representative) R. Farrell (Independent) A. Nye (Independent) Dr. M. Kennedy OAM (CEO, Mornington Peninsula Shire Council) R. Spence (MAV - Chief Executive Officer) Cr. R. Fyffe (MAV Representative) Key management personnel remuneration COMBINED 2009 CIVIC MUTUAL PLUS 2008 $ 2009 $ $ 2008 $ MUNICIPAL OFFICERS’ FIDELITY GUARANTEE FUND 2009 $ 2008 $ Independent committee members receive meeting fees. The Chairperson receives $750 per committee meeting and other independent committee members receive $500 per committee meeting plus $1,030 per annum for claims and technical committee and other meetings. Short-term remuneration of key management personnel 192,905 174,767 192,905 174,767 - - Loans to committee members No loans were made to or are payable by committee members. Other transactions There were no other material transactions with committee members. Insurance The activities of the MAV Insurance Committee members are covered by the MAV directors and officers indemnity insurance policy, effected by the Municipal Association of Victoria. 96> MAV INSURANCE FINANCIAL REPORT 2008/09 Statement by committee of management In accordance with a resolution of the MAV Insurance Committee, we state that: In the opinion of the members of the MAV Insurance Committee: (a) the financial statements and notes of the combined entity are drawn up so as to give a true and fair view of the results of Civic Mutual Plus and the Municipal Officers’ Fidelity Guarantee Fund for the year ended 30 June 2009; (b) the accompanying Balance Sheet is drawn up so as to give a true and fair view of the state of affairs of Civic Mutual Plus and the Municipal Officers’ Fidelity Guarantee Fund as at that date; and (c) at the date of this statement there are reasonable grounds to believe that Civic Mutual Plus and the Municipal Officers’ Fidelity Guarantee Fund will be able to pay its debts as and when they fall due. The financial statements have been made out in accordance with applicable Accounting Standards and other mandatory professional reporting requirements. On behalf of the MAV Insurance Committee John Warburton MAV Insurance Committee Chairman Robert Spence MAV Chief Executive Officer Melbourne 28 October 2009 Statement by directors In accordance with a resolution of the Directors of the Municipal Association of Victoria, we state that: In the opinion of the Directors: (a) the accompanying Income Statement is drawn up so as to give a true and fair view of the results of Civic Mutual Plus and the Municipal Officers’ Fidelity Guarantee Fund for the year ended 30 June 2009; (b) the accompanying Balance Sheet is drawn up so as to give a true and fair view of the state of affairs of Civic Mutual Plus and the Municipal Officers’ Fidelity Guarantee Fund as at that date; and (c) at the date of this statement there are reasonable grounds to believe that Civic Mutual Plus and the Municipal Officers’ Fidelity Guarantee Fund will be able to pay its debts as and when they fall due. The financial statements have been made out in accordance with applicable accounting standards and other mandatory professional reporting requirements. Signed in accordance with the resolution of Directors. William McArthur President Geoff Gough Director Melbourne 28 October 2009 MAV INSURANCE FINANCIAL REPORT 2008/09 >97 Combined financial reports - Independent audit report 98> MAV INSURANCE FINANCIAL REPORT 2008/09 MAV INSURANCE FINANCIAL REPORT 2008/09 >99 Auditor’s independence declaration to the Directors of Civic Mutual Plus and the Municipal Officers’ Fidelity Guarantee Fund Other information Legal form MAV Insurance is the insurance division of the Municipal Association of Victoria. The Municipal Association of Victoria is an association incorporated by the Municipal Association of Victoria Act 1907. Domicile: Melbourne, Australia Address of registered office: Level 12, 60 Collins Street, Melbourne, 3000, Victoria, Australia Principal place of business Level 1, 468 St. Kilda Road, Melbourne 3004, Victoria, Australia Nature of the operation and principal activities: The Municipal Association of Victoria has the power provided to it by the Municipal Association of Victoria Act 1907 to establish Civic Mutual Plus and the Municipal Officers’ Fidelity Guarantee Fund in order to provide public liability, professional indemnity and fidelity insurance to local government and water authorities. Number of employees Nil 100> MAV INSURANCE FINANCIAL REPORT 2008/09