3. Good work practices
This section suggests good work practices for committees. These are basic
procedures to follow that provide solid structures for any sized operation. Many of
these procedures are common to all kinds of committees throughout the community,
not just committees of management.
The safety of incorporation
Under the Crown Land (Reserves) Act 1978, both incorporated and unincorporated committees have the power
to:

enter into contracts

employ people

lease and licence part or all of the reserve (subject to the Minister’s approval)

enforce regulations.
The only difference between incorporated and unincorporated committees' powers under the Crown Land
(Reserves) Act is that unincorporated committees do not have the power to borrow or invest money.
Incorporation under the Crown Land (Reserves) Act is a very simple, straightforward process that is undertaken
by DEPI on behalf of the committee. It is strongly recommended that all committees ensure that this is done.
Incorporation is a legal device that turns the committee into a ‘person’. As an entity recognised in law, a
committee can sue and be sued, and it will be recognised by the courts as a ‘legal person’.
Any legal action involving an incorporated committee is carried out by the entity rather than individuals, and will
continue uninterrupted by changes in membership. This means that individuals on the committee no longer bear
individual legal liability for any action that is brought against the committee.
Members of the public, tenants and contractors will find it easier to deal with an ongoing body corporate rather
than with a group of individuals who will join and leave the committee over time.
The committee’s official signature on legal documents (contracts, etc.) will be its corporate seal.
Managing conflicts
Dispute resolution
A dispute exists if the committee’s performance is being adversely affected because of the difficulty two or more
members of the committee have working with each other. Disputes may arise for a range of reasons, but a
difference of opinion as to the best decision a committee should make on a particular issue is not a “dispute” and
should be decided according to standard committee procedure (see chapter 2). On Board provides more
information on dispute resolution, including on legal channels for dispute resolution.
Conflicts of interest
A conflict of interest exists where there is a
conflict between a committee member’s public
duty and private interest, when the private
interest could improperly influence their public
duties as a committee member.
Types of conflict
The committee should foster a culture of
integrity. Each committee member has a duty to
raise their own conflicts of interest and should
also speak up if they believe that another
member may have a conflict that they have not
declared.
A conflict of interest may exist regardless of whether the conflict is
real
it currently exists
potential
it may arise, given the circumstances
perceived
the public could reasonably form the view that a
conflict exists or could arise, that is that a committee
member’s private interests or duty to another
organisation could improperly influence the
performance of their public duty as a committee
member.
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Committees must be free from conflicts of interest and have established processes to manage any conflicts that
may arise from time to time, in order for the public to have confidence in the committee's ability to manage the
reserve effectively and fairly.
All members of committees of management are bound by the Public Sector Standards Commissioner’s Victorian
Public Entity Directors’ Code of Conduct 2006. The Code requires that members act with honesty and integrity,
and avoid conflicts of interest.
The commissioner has set out government expectations in relation to the management of conflicts of interest in
the Conflict of Interest Policy Framework. All conflicts of interest must be promptly and fully disclosed, recorded
and managed by processes and decisions that are transparent, accountable and consistent with the Code and
the Framework.
Public interest must prevail
All conflicts of interest must be identified and resolved in the public interest. That is conflicts should be resolved in
the best interest of the committee, rather than in the best interests of the committee member or any other
organisation to which a particular member owes a duty.
Conflict of interest management procedure
Declarations at the commencement of a meeting
At the start of each committee meeting, the chair (or presiding member) must ask if any committee member
present has an interest (that is, a private interest or a duty to another organisation) in respect to any matter on
the agenda. Any member with an interest must declare that interest by fully disclosing and describing to the
committee the interest and the conflict that results, or may result, from it.
Declarations during a meeting
During a committee meeting, if a member becomes aware of an interest that he or she has not so far declared at
the meeting, then that interest must immediately be declared.
Identifying another member’s conflict
If a committee member believes that another member has an interest that has not been declared, the matter
must be immediately raised with the committee. If a conflict of interest exists, it must then be declared by the
relevant committee member.
Recording declarations in the minutes
If a committee member declares a conflict of interest, the following information must be recorded in the minutes:

a description of the interest and the conflict

the action that the committee has determined should be taken to ensure that the conflict is managed in a
manner that is transparent, accountable and consistent with the Director’s Code of Conduct.
Dealing with public complaints
At some stage a committee may receive a complaint from a member of the public about something it did or did
not do. Most of these complaints will be resolved fairly easily and to everyone’s satisfaction. Remember that the
complaint, decisions, actions of the committee in response and whether the person was satisfied with the
outcome should be recorded. The committee will need to contact its local DEPI office with problems that prove
more difficult to resolve.
From time to time, DEPI receives complaints from members of the public (or a member of the committee itself)
about how the committee is operating. Depending on the nature of the complaint, DEPI may work with the
committee to resolve the issue, conduct an investigation, or refer the allegation to the Ombudsman, Independent
Broad-based Anti-corruption Commission or Victoria Police.
The Victorian Ombudsman
The Victorian Ombudsman investigates complaints about administrative actions by government agencies and
public authorities. Members of the public may complain to the Ombudsman about decisions of committees. The
Ombudsman will consult the committee and attempt to resolve the complaint.
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The Protected Disclosures Act 2012 and the Independent Broad-based Anti-corruption Commission
(IBAC)
The Protected Disclosure Act 2012 provides protection from reprisal for individuals known as whistleblowers who
wish to make a disclosure about serious misconduct or corruption by a government agency or a public entity such
as a committee of management. Committees are considered public bodies under the Act and therefore
disclosures may be made about committee of management members.
A disclosure is made directly to IBAC. It can be made by a member of the public or a member of the committee
itself. In order for the whistleblower to be protected, it is required that disclosure be in accordance with the Act.
IBAC will assess the disclosure and, if appropriate, refer it to the Ombudsman or Victoria Police. For further
information visit the IBAC website or call 1300 735 135.
Record keeping
Committees of management have a responsibility to
maintain good records of their activities for legal
purposes. Sound recordkeeping is an essential part of
good practice for committees. In addition to the Crown
Land (Reserves) Act 1978, record keeping obligations
fall under the Freedom of Information Act 1982 (the FOI
Act), the Public Records Act 1973 and the Information
Privacy Act 2000.
Records
Records are evidence of business conducted by an
organisation. Under the Public Records Act 1973,
committees of management are considered to be public
bodies and the records of the committee are public
records, regardless of the status or age of the records.
Public records can be, but are not limited to:

Minute of meetings

Correspondence

Tenure agreements

Financial records

Contracts

Employment records

Any other information that documents a
decision, agreement or communication to the
public made by the committee
Records can come in many formats such as written notes or letters, emails, word or excel documents,
photographs, information on websites, etc. It is the information that is included that determines whether it needs
to be preserved as a record, not the format.
Some information that the committee produces does not need to be kept. This includes things like working notes,
duplicate copies, and reference materials that are collected from books, the internet or newspapers to help make
a decision. This type of material should be disposed of under Normal Administrative Practice (NAP) once their
use is complete. Avoid mixing in too much NAP material with the records that do need to be kept, as this will
make it difficult to manage the records efficiently and for future users to find important information.
Usually NAP materials can be disposed of in recycling or rubbish, however if any sensitive information is included
(photocopies of employment details or contracts for instance), care must be taken to ensure they are shredded or
otherwise rendered unreadable before they are disposed of.
Records created must be full and accurate to enable future committee members to take appropriate action and
make decisions, to protect the financial, legal and other rights of the committee, and to protect people affected by
any actions and decisions made by the committee.
To ensure the committee creates full and accurate records, it is recommended that committee members:

maintain a simple filing system using manila folders. On each file make sure to note:
– a simple title which explains what the file is about (something like Wombaloo Mechanics Hall Committee Committee meeting minutes - 2014 is enough)
– the date the file was created
– the name of the person that created the file

print any emails or electronic documents where practical and place them on the file. Note: if they are not
printed, electronic versions will need to be kept and passed on to the next committee

take notes of any important phone conversations and either formalise them in an email or table them at the
next committee meeting
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
make sure committee records are stored responsibly in a readily accessible, clean, dry and secure place,
using a system that other people will be able to understand.
All committee records that are essential to its function, such as minutes and contracts, must be identified and
special care taken to prevent their loss or damage. If possible, duplicates of such records should be made and
stored at a different location to the originals.
Handover and retention of records
All records created by committees of management are legally records of DEPI, held in the committee's custody.
They are not the property of the individual members that created them.
When a committee changes, it is required that the outgoing committee:

pass on all records created during its tenure to the new committee so that it is able to continue to properly
carry out the committee's business

return the records the outgoing committee received from the previous committee to DEPI.
This handover should include any records in electronic formats, as well as paper versions.
Records returned to DEPI will be stored for periods determined by the Public Records Office of Victoria (PROV)
and will be accessible to committee members for that time. Some important records will be transferred to PROV,
to ensure their permanent preservation and access to the public.
Other than records that can be destroyed under NAP, committees may not destroy or allow the destruction of
committee records in their custody.
Financial records
A committee must keep records of all the financial transactions of the committee. The Australian Taxation Office
publishes Record keeping for Small Businesses (reference code NAT 3029), a good resource to assist in this
task.
Another helpful guide on record keeping for treasurers can be found on the Our Community website.
Access to records
Under the Freedom of Information Act 1982 (FOI Act), the community has the right to request access to
documents generated or held by all government agencies, including committees of management.
When a committee receives a request to access documents under the FOI Act it must seek advice from DEPI’s
FOI Unit as soon as possible. The FOI Unit can be contacted on 9637 8186 or email FOI.Unit@depi.vic.gov.au.
The FOI Unit will provide advice regarding any FOI enquiries and assist committees with the processing of
requests. Cooperation in locating and providing relevant documents and advice in a timely manner is required as
the FOI Act only provides 45 days in which to process a request.
Personal information
The Information Privacy Act 2000 requires that committees handle personal information in a secure and
responsible manner. Personal information means recorded information or opinion about an identifiable individual.
Personal information includes name, address, sex, age, financial details, marital status, education, criminal
record or employment history.
Personal information must be managed in accordance with ten privacy principles, which can be found at Privacy
Victoria.
It is good privacy practice not to include personal contact details on publicly available documents and registers,
such as the volunteer attendance register in chapter 9, without the person's permission.
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