Monday 1 December 2025

For more information and appendices for each item, view the Council Meeting Agenda above.

The below summary is unconfirmed until the Minutes of the Meeting are accepted by Council.

1. Opening Prayer & Original Custodians Statement

2. Apologies

Cr Benter.

3. Confirmation of Minutes

That the Minutes of the Scheduled Meeting of Council held on November 3 2025 and the Annual Council Meeting held on November 17 2025 be confirmed. (6-0)

4. Declaration by Councillors and Officers of any Conflict of Interest in any Item on the Agenda

Cr Arnott Declared a Conflict in Item 7.1.

5. Mayoral Presentation

6. Public Question Time

7.1. Footpath Trading Policy 2025

This report outlines the proposed changes to Council's Footpath Trading Policy (Policy) which is due for review.

The Policy provides direction for applicants to trade on the footpath and aims to ensure a safe and vibrant environment that reflects Warrnambool’s vision and continues to facilitate a wide range of street trading opportunities. It seeks to provide support to local businesses, provide a framework for footpath trading, manage community safety and amenity, and meet the legal responsibilities in relation to footpath use.

The review has been completed and incorporates minor adjustments to Directorate structures and positions, updates to relevant legislation, and clarification of the fixed furniture approval process.

Council supported the following recommendation (5-0):

That Council:

1. Revoke the Footpath Trading Policy 2019.

2. Adopt the attached Footpath Trading Policy 2025 

7.2. Fraud And Corruption Policy 2025

Council’s Fraud and Corruption Control Policy and Procedures were last reviewed in 2023 and an internal audit undertaken in early 2025 identified a series of improvements to better align the framework with AS 8001:2021 Fraud and Corruption Control. The revised 2025 Policy and Procedures update references to the current standard, clarify roles and responsibilities (including for information security resources), restructure the material around Council’s Fraud and Corruption Control System and shorten the review cycle to two years.

The changes are largely governance and clarity improvements rather than a change in Council’s zero-tolerance position and will enable management to close the agreed audit actions by 31 December 2025, supported by updated staff training in early 2026.

Council supported the following recommendations (6-0):

That Council:

1. Revoke the Fraud and Corruption Control Policy 2023.

2. Adopt the Fraud and Corruption Control Policy 2025.

3. Note the Fraud and Corruption Procedures 2025.

7.3. Leases And Licenses Policy 2025

This report presents Council with a new Leases and Licences Policy for adoption. The policy establishes a clear, consistent and transparent framework for the management of all Council occupancy agreements, including leases, licences, seasonal tenancies, shared use agreements and Committees of Management arrangements.

The policy defines categories of tenants and introduces a structured methodology for determining rent and obligations, ensuring fairness across commercial, community, and sporting uses. It formalises rent discounts for community benefit, applies consistent principles for sporting clubs, and ensures all tenancies are formalised under legally binding agreements.

To further support consistency, the policy incorporates a standardised Maintenance Responsibilities Schedule, clarifying obligations between tenants and Council. This ensures better asset management outcomes and reduces the risk of disputes.

The policy will strengthen transparency, protect Council’s financial sustainability, and provide certainty to tenants, moving away from the historic case-by-case approach.

Council supported the following recommendation (6-0):

That Council adopts the attached Leases and Licenses Policy 2025.

7.4. Active Warrnambool Strategy 2025-2035

The Active Warrnambool Strategy 2025-2035 replaces the previous Active Warrnambool Sport and Physical Activity Strategy 2019-2030.

The strategy aligns with the Council Plan, Warrnambool 2040 and the Healthy Warrnambool Plan 2025-2029, providing the strategic direction for Council on the future planning, provision, management and priorities for a range of sport and active recreation opportunities over the next ten years.

Council supported the following recommendation (6-0):

That Council endorses the Active Warrnambool Strategy 2025-2035 and preparation of the implementation plan and annual action plan.

7.5. Tree Management Framework

An Urban Forest Strategy has been developed over the last 12 months.

The existing Tree Management Policy and Tree Management Guidelines have also been updated and are presented to Council for adoption.

Together, these three documents (Policy, Strategy, Guidelines) form the Tree Management Framework

Council supported the following recommendation (6-0):

1. Adopt the Tree Management Framework, including the Warrnambool Urban Forest Strategy 2025, the Tree Management Policy 2025 and the Tree Management Guidelines 2025.

2. Support the 15% canopy target by 2050, through appropriate budget and resource allocation.

7.6. S6 Instrument Of Delegation - Council To Members Of Staff

Council as a legal entity can only make decisions by resolution of Council at a Council meeting. As a matter of practicality, Council opts to delegate various powers and functions to Council staff so that they can make decisions on their behalf as part of their day-to-day activities.

Council delegates primarily through two instruments, one delegating power to the Chief Executive Officer to then sub-delegate as appropriate, and another delegating powers that cannot be sub-delegated directly to Council staff.

The S6 Instrument of Delegation to Members of Council staff has been reviewed and is attached for Council consideration.

Council supported the following recommendations (6-0):

In the exercise of the powers conferred by the legislation referred to in the attached instrument of delegation, Warrnambool City Council resolves that:

1. They be delegated to the members of Council staff holding, acting in or performing the duties of the offices or positions referred to in the attached S6 Instrument of Delegation to Members of Council staff, the powers, duties and functions set out in that instrument, subject to the conditions and limitations specified in that Instrument.

2. The instrument comes into force immediately upon the common seal of Council being affixed to the instrument.

3. On the coming into force of the instrument all previous S6 Instruments of Delegation to Members of Council staff are revoked.

4. The duties and functions set out in the instrument must be performed, and the powers set out in the instruments must be executed, in accordance with any guidelines or policies of Council that it may from time to time adopt.

5. Authorises the CEO to make administrative changes to the document to correct any titles and typographical errors and to enable the document to be appropriately sealed.

7.7. Quarterly Financial Report Q1 - September 2025

The Quarterly Financial Report compares actual financial results to budget for the three months from 1 July 2025 to 30 September 2025.

The report sets out the financial results for Council’s recurrent (day-to-day) operations, projects, capital works, rates, and borrowings.

A revised budget was updated to include rollover capital, project and recurrent items from 2024-25.

The net budget result for the reporting period is $48m, as outlined in the Executive Summary, representing a favourable variance of $297k to budget. This reflects the combined result across operating, project, and capital budgets.

The report meets the requirements of section 97 of the Local Government Act 2020 to present a quarterly financial report to Council at a public meeting that compares actual results against budget.

Council supported the following recommendations (6-0):

The Quarterly Financial Report compares actual financial results to budget for the three months from 1 July 2025 to 30 September 2025.

The report sets out the financial results for Council’s recurrent (day-to-day) operations, projects, capital works, rates, and borrowings.

A revised budget was updated to include rollover capital, project and recurrent items from 2024-25.

The net budget result for the reporting period is $48m, as outlined in the Executive Summary, representing a favourable variance of $297k to budget. This reflects the combined result across operating, project, and capital budgets.

The report meets the requirements of section 97 of the Local Government Act 2020 to present a quarterly financial report to Council at a public meeting that compares actual results against budget.

7.8. Establishment Of A Delegated Committee To Oversee Aged Care Services

The Aged Care Act 2024 requires that all aged care services be overseen by a governing body that prioritises safety, quality of care and ethical decision making. On 27 October 2025, Council considered the options of forming a delegated committee, as permitted under section 63 of the Local Government Act, or permitting the whole of Council to act as the governing body.

This report outlines the structure, function, responsibilities and liabilities of a delegated committee, acting as the governing body, and its members.

Council supported the following recommendations (6-0):

In exercise of the powers conferred by s 63 of the Local Government Act 2020, Council resolves that:

1. From the date of this resolution, there be established as a Delegated Committee the Aged Care Services Committee.

2. There be delegated to the members of the Delegated Committee the powers, duties and functions set out in the attached C4 Instrument of Delegation (Delegated Committees) – Aged Care Services Committee (the Instrument).

3. The purposes of the Delegated Committee are those set out in the Instrument.

4. The members of the Delegated Committee are:

4.1 Cr. Matthew Walsh and Cr. Richard Ziegeler

4.2 Chief Executive Officer

Director City Wellbeing

Manager Community Strengthening

Manager Financial Services

Manager Governance

Service Manager Community Care

5. The Chairperson of the Committee is Cr Matthew Walsh.

6. A quorum for the Committee is a whole number that is an absolute majority, which is the number of members that is greater than half the total number of members of the Delegated Committee.

7. All members of the Delegated Committee have voting rights on the Delegated Committee.

8. The Instrument:

8.1. comes into force immediately the common seal of Council is affixed to the Instrument; and

8.2. remains in force until Council determines to vary or revoke it.

9. The powers, duties and functions conferred on the members of the Delegated Committee by the Instrument must be exercised in accordance with the Aged Care Services Committee Charter and any guidelines or policies Council may from time to time adopt.

10. The Instrument be sealed.

11. Adopt the attached Aged Care Services Committee Charter.

7.9. Appointments To Advisory Committees & External Bodies

This report considers Councillor representation on the various Council Advisory Committees and external bodies with which Council is associated with for the period 1 December 2025 to 7 December 2026.

Council supported the following recommendations (6-0):

That the following Councillor representatives and delegates to the Advisory Committees and external committees for the period 1 December 2025 to 7 December 2026 be approved and that relevant advisory committees and external bodies be advised accordingly:

7.10. Scheduled Council Meeting Dates 2026

Under Council’s Governance Rules, Council is required to fix the dates, times and places of all Scheduled Council Meetings for the following 12 months at the first Council meeting following the Annual (Statutory) Meeting of Council.

The proposed Scheduled Council Meeting dates for the period February 2026 – December 2026 is contained within the recommendation. Council has an opportunity to review the day and time meetings are held to ensure best accessibility for the community and optimal organisational performance.

Council supported the following recommendations (6-0):

That Warrnambool City Council meetings for 2026 be held at 4.00pm in the Reception Room, Warrnambool Civic Centre, 25 Liebig Street, Warrnambool on the following dates:-

- Monday 2 February 2026

- Monday 2 March 2026

- Tuesday 7 April 2026

- Monday 4 May 2026

- Monday 1 June 2026

- Monday 6 July 2026

- Monday 3 August 2026

- Monday 7 September 2026

- Monday 5 October 2026

- Monday 2 November2026

- Monday 16 November 2026 - Annual Council Meeting

- Monday 7 December 2026

7.11. Audit & Risk Committee Biannual Report: January - June 2025

A requirement within the Audit and Risk Committee Annual Workplan is to present a report on the activities of the Committee to the Council on a twice-yearly basis. The Audit and Risk Committee is a committee required to be established by legislation and requires membership of a majority of independent members with an independent chair. At Warrnambool there are three independent members including an independent chair. Councillor Blain and Councillor Walsh are Council representatives on this committee. The committee is also serviced by our independent internal audit and risk advisor, Crowe.

Council supported the following recommendation (6-0):

That Council receives the Audit & Risk Biannual Report of Activities – January to June 2025.

7.12. Sport And Recreation Victoria 2025-2026 Local Sport And Infrastructure Fund

Sport and Recreation Victoria (SRV) have invited applications under its 2025-26 Local Sport and Infrastructure Fund (LSIF).

The proposed project for submission is the Oval Redevelopment Project at Friendly Societies Park, which was unsuccessful with a previous application. Sport and Recreation Victoria provided feedback on why the project was unsuccessful and advised that re-submission would need to provide further information on how this feedback has been considered.

The South Warrnambool Football Netball Club has advised Council that they will contribute a total of $200,000 in cash and $43,440 in kind towards the project, however a budget shortfall of $349,999 remains.

The LSIF provides funding to develop high-quality, accessible community sport and active recreation infrastructure with a maximum available funding of up to $500,000. This is a reduction in funding from $1 million which was previously offered under the Regional Community Sports Infrastructure Fund which has now ended.

The options available to Council to progress the project are outlined in this report.

Council supported the following recommendation (6-0):

That Council:

1. Submit an application to the 2025-26 Local Sport and Infrastructure Fund (LSIF) for the Oval Redevelopment Project at Friendly Societies Park.

2. Make an allocation of $349,999 in its 2026-2027 budget to the Oval Redevelopment Project at Friendly Societies Park.

3. Note that a rollover of the remaining 2025-2026 budget allocation for this project will be required.

7.13. Middle Island Project 2024-2025

This report is to inform Council of the Middle Island Project’s key achievements and challenges, from July 2024 to June 2025.

No evidence of foxes on Middle Island throughout the 2024-2025 breeding season.

Interest in the Project continues with 906 individuals participating in the Penguin Protectors Warrnambool - Educational Experience and Flagstaff Hill Maritime Museum Educational Program for the 12 months.

Support from local businesses by sponsoring and donating to the project continues.

Interest from schools, individuals and media groups continues locally, nationally and across the world, with over 18,000 followers on Facebook.

Access to Middle Island due to environmental factors continues to inhibit the Project, with no Breeding Monitoring or Arrival Counts completed for the 2024-2025 breeding season.

The deteriorating condition of the boardwalk is also inhibiting Maremma guardian dogs from working on Middle Island.

Maremma guardian Dogs have dealt with age-related health concerns.

Council will be briefed on a Middle Island Project Options Report within the next month.

Council supported the following recommendation (6-0):

That Council accept the Middle Island Project 2024-2025 Season Report.

7.14. Informal Meetings of Council Reports

Section 80A(2) of the Local Government Act 1989 required the record of an Assembly of Councillors to be reported at an ordinary Council meeting.

Assembly of Councillor Records are no longer a requirement in the Local Government Act 2020 as of 24 October 2020. However, under Council’s Governance Rules, a summary of the matters discussed at the meeting are required to be tabled at the next convenient Council meeting and recorded in the minutes of that Council meeting.

The records of the following Informal Meetings of Council are enclosed:

• Monday 10 October 2025.

• Monday 24 October 2025.

Council supported the following recommendation (6-0):

That the record of the Informal Meetings of Council held on 10 and 24 November 2025, be received.

7.15. Mayoral & Chief Executive Officer Council Activities - Summary Report

This report summarises Mayoral and Chief Executive Officer Council activities since the last Ordinary Meeting which particularly relate to key social, economic and environmental issues of direct relevance to the Warrnambool community.

Council supported the following recommendation (7-0):

That the Mayoral & Chief Executive Officer Council Activities – Summary Report be received.

8. Notice of Motion

9. General Business

10. Urgent Business

11. Suspension Of Standing Orders

12. Section 66 Confidential Meeting

13. Resolution To Re-Open Meeting

14. Close Of Meeting