Regional Active and Public Transport Advisory Committee

Regional Active and Public Transport Advisory Committee Terms of Reference - November 2022 (PDF for print)

Background/scope

Active and Public Transport for Toowoomba Region includes travel by foot, bicycle and other wheeled recreation devices (e.g. skateboards), personal mobility devices (e.g. e-scooters), motorised mobility devices (e.g. wheelchairs and mobility scooters), bus, taxi and other ride share schemes, for either transport or recreation.

The Regional Active and Public Transport Advisory Committee is constituted under Section 264 of Local Government Regulation 2012, which empowers the Toowoomba Regional Council to appoint advisory committees.

Tenure of committee

The Regional Active and Public Transport Advisory Committee is established for the term of the current elected Council, unless disbanded earlier by Council resolution.

(Subject to any Council resolution to the contrary, if a Committee is appointed for a particular purpose or for a limited time, the Committee is abolished and appointment of Members to the Committee is terminated upon the fulfilment of that purpose or the expiration of that time.)

Purpose

The Regional Active and Public Transport Advisory Committee will provide the community with a clear portal into Council regarding issues and initiatives for active and public transport users.  The members will assist Council in developing a range of initiatives that will improve the liveability and accessibility for all residents of the Toowoomba Region.  It will also provide Council with guidance and assistance on the functions and responsibilities listed below.

Functions

The primary functions of the Regional Active and Public Transport Advisory Committee are to:

• provide advice and recommendations to Council and Council officers on active and public transport matters
• represent the interests of people with active transport (walking and cycling) and public transport issues and initiatives to Council and the broader community
• provide input to Council on development issues and Council projects where appropriate
• provide consumer and industry expertise input into Council's continuous improvement processes concerning active and public transport matters
• assist Council in the identification of emerging issues and initiatives as well as trends relative to the needs of persons using active or public transport modes in the region
• provide assistance and / or advice with specific projects (as identified by Council and/or the Advisory Committee)
• assist Council in disseminating appropriate material to facilitate community dialogue in regard to active and public transport matters.

Committee membership

The Regional Active and Public Transport Advisory Committee will consist of up to nine external members (including representatives from key stakeholder and industry groups and the general public), and a minimum of one Councillor.  The membership of the Committee will be appointed by a resolution of Council.  Two representatives, one from the Department of Transport and Main Roads and one from TransLink, will also be invited to attend Committee meetings as non-voting advisors.

Where any Councillor cannot attend a meeting of the Advisory Committee, another Councillor delegated by the first Councillor may act as a member of the Advisory Committee for that meeting.

Further:

• appointment to the Advisory Committee will be made for the term of the current elected Council
• expressions of interest for the Advisory Committee members will be advertised regionally (via newspapers and social media and other Council outlets
• Council will provide appropriate support and resourcing to the Advisory Committee
• the Chief Executive Officer may nominate relevant staff to assist the Advisory Committee however, support staff will not be members of the Advisory Committee or have voting entitlements
• All members of the Advisory Committee may vote on business before the Committee, except where the member has a conflict of interest
• If any member of the Advisory Committee is absent from three consecutive meetings without having obtained leave of absence from the Committee, the member’s continued membership on the Advisory Committee will be referred to the Chief Executive Officer for determination
• The Committee may take presentations from third parties and external representatives from time to time, however interests must be registered four weeks prior to the meeting and confirmed by the chair
• External members (including representatives from key stakeholder and industry groups and the general public) will need to register as Volunteers as per Council’s Volunteer Policy.

Resignation and replacement of committee members

A committee member may resign at any time by way of written or emailed advice to the Chairperson.

When a resignation is received, the resigning member may be replaced as follows:

• Where such resignation is a Toowoomba Regional Council representative (Councillor or Officer) Council may appoint a suitable replacement representative.
• Where such resignation is from a Community Representative, Council can call for expressions of interest for a suitable replacement unless the resignation is received less than six months from the conclusion of the term of the Committee.
• Where such resignation is from a particular interest group or agency, the nominating agency may at its discretion nominate a replacement representative to be subsequently approved by the Chair.

Chairperson

The chairperson will be a Councillor, appointed by Council resolution, to serve for the term of the Advisory Committee.

Acting chairperson

If the chairperson is absent or unavailable to preside, an alternative Councillor appointed by Council resolution, will preside.

Quorum

The quorum of any Advisory Committee meeting will be a minimum of 51% of the membership.

Times and places for meetings

The Regional Active and Public Transport Advisory Committee will, at its first meeting, determine the dates, times and places for its meetings. Council will be responsible for providing a suitable venue.

Meeting procedures

Unless otherwise provided in these Terms of Reference, the Advisory Committee will generally adopt informal meeting procedures, addressing the meeting through the Chairperson.  Where more formal procedures are required, the procedures described in Council’s Standing Orders shall apply.

When a member from a particular interest group or agency, cannot attend the meeting, they can nominate another agency person to attend as their proxy or replacement representative with approval from the Chair.

Voting

Each member of the Advisory Committee has a vote on each issue to be decided. Councillor representation only has one (1) vote regardless of the number of Councillors included in the Advisory Committee.

Voting at a meeting must be open and issues decided by a majority of the votes of the members present however, if the votes are equal, the Chair has a casting vote.

Conflict of interest

Where Advisory Committee members have a conflict of interest, or could reasonably be taken to have a conflict of interest, in an issue being considered or to be considered at a meeting, the member must declare the conflict of interest to the meeting and must not be present while the matter, or a related matter, is being considered by the Advisory Committee or otherwise take part in any decision of the Advisory Committee in relation to the matter or a related resolution.

For the purposes of this clause, a member has a conflict of interest in an issue if there is a conflict between the member’s private interest and the public interest.

Open to the public

Meetings are to be open to the public, except where confidential matters are discussed.  Members of the public wishing to attend, are encouraged to register as an Observer by midday, the Monday prior to the meeting.

When the Advisory Committee proposes to close a meeting to the public, the Chair will direct all persons, other than members of the Advisory Committee, to leave the meeting and every person must immediately comply with the direction.

Non-members may, with the permission of the Chairperson, address the Advisory Committee on any item of business listed on the agenda however, any non-member must not vote on any matter at an Advisory Committee meeting.

Confidential matters

Should matters of a confidential nature be discussed at a meeting, the meeting may be closed to the public in accordance with Section 275 (1) of Local Government Regulation 2012.¹

A person who is or has been a Member of an Advisory Committee must not make improper use of information acquired as a Member:

• to gain, directly or indirectly, a financial advantage for the person or someone else
• to harm the local government; or
• to release information that the person knows, or should reasonably know, is information that is confidential.

¹275 Closed meetings

(1) A local government or committee may resolve that a meeting be closed to the public if its councillors or members consider it necessary to close the meeting to discuss—
(a) the appointment, dismissal or discipline of employees; or
(b) industrial matters affecting employees; or
(c) the local government’s budget; or
(d) rating concessions; or
(e) contracts proposed to be made by it; or
(f) starting or defending legal proceedings involving the local government; or
(g) any action to be taken by the local government under the Planning Act, including deciding applications made to it under that Act; or
(h) other business for which a public discussion would be likely to prejudice the interests of the local government or someone else or enable a person to gain a financial advantage.

Reporting

The Regional Active and Public Transport Advisory Committee will submit a report (Minutes listing actions, responsibilities, timeframes and outcomes) on each of its meetings to the Chief Executive Officer, who will list any recommendations for Council’s consideration on an agenda of a meeting of a Council Committee.

The Minutes will be made available to the public on Council’s website within approximately one (1) month after the end of the meeting.

Review of Terms of Reference

The terms of reference for this Advisory Committee may be reviewed by the sitting Committee annually, with the initial review being at its meeting 12 months after the Committee is first established.

Council may review the terms of reference at any time in response to changing legislative requirements or the business needs of Council.

Media contact

Media statements will only be made by the Chairperson.

Sub-committees

The Advisory Committee has the authority to establish special interest sub-groups and working groups as required to address specific matters identified by the Advisory Committee. These sub-groups (established under the same terms and conditions as the Advisory Committee) are to report back to the Advisory Committee.

Remuneration

The Council will not generally authorise payment or provide remuneration to members of Advisory Committees however, where special circumstances exist, Council may resolve to pay remuneration, reimburse expenses and/or provide facilities to members of an Advisory Committee.

Insurance

The Council will ensure that all members of the Regional Active and Public Transport Advisory Committee and/or sub-committees as established from time-to-time, are covered by appropriate insurances (e.g. voluntary workers, public indemnity).

Relevant legislation

Council’s role and obligations are directed, without limitation, by the following laws and regulations, as amended from time to time:

• Transport Operations (Road Use Management) Act 1994
• Transport Operations (Passenger Transport) Act 1994
• Local Government Act 2009
• Local Government Regulation 2012
• Disability Discrimination Act 1992
• Disability (Access to Premises - Buildings) Standards 2010
• Disability Standards for Accessible Public Transport
• Anti-Discrimination Act 1991 (Qld)
• Queensland Building Act 1975
• Building Code of Australia
• Council's Planning Scheme.

Performance

The Committee shall review its performance at least annually to determine whether it is functioning effectively, by reference to this Terms of Reference and current best practice.