Background / scope

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

Active and Public Transport for the 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.

Tenure of committee

The Committee is established for the term of the current elected Council, unless disbanded earlier by Council resolution.

Purpose

The Committee will provide Council with guidance and assistance on the functions and responsibilities listed below.

Functions

The functions of the 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 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 Committee).
• assist Council in disseminating appropriate material to facilitate community dialogue in regard to active and public transport matters.

Committee membership

• The Committee will consist of up to 12 members, which may include up to three Councillors.
• Membership will consist of the following:
  • Up to three Councillors representing Toowoomba Regional Council
  • Up to nine Community members
• Where a Councillor cannot attend a meeting of the Committee, another Councillor delegated by the first Councillor may act as a member of the Committee for that meeting.
• Appointment of the representatives to the Committee will be made by the current elected Council.
• Expressions of interest for new Committee members will be advertised regionally (via newspapers, internet and local networks).
• The General Manager, Infrastructure Services Group, or nominee, will provide appropriate advice and administrative support to assist the Committee to meet its obligations.
• If any member of the Committee is absent from three consecutive meetings without having obtained leave of absence from the Committee, the member's continued membership of that Committee will be referred to the Chief Executive Officer for determination.
• The Committee can take presentations from third parties as required.
• External members will need to register as volunteers.
• When a member from a particular agency cannot attend the meeting, they can nominate another agency person to attend as their proxy or replacement representative with approval from the Committee.
• Contractors, Consultants and employees (current or former) who have been subject to substantiated discipline / grievances with Council shall not be eligible for membership for the Committee.
• 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.

Resignation and replacement of committee members

(a)     A Committee member may resign at any time by way of written or emailed advice to the Chairperson.

(b)     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), the Chief Executive Officer may appoint a suitable replacement representative.
• Where such resignation is from a community/organisational representative, an eligible applicant from the original expression of interest shall be appointed for the remaining term. Where insufficient eligible applicants exist, an EOI process may be undertaken unless the resignation is received less than 12 months from the conclusion of the term of the Committee.
• If the resignation is in the last 12 months, there is no requirement to appoint a replacement. Appointment from eligible applicants shall be determined by the relevant General Manager.
• Where such resignation is from a particular agency, the nominating agency may at its discretion nominate a replacement representative.

Chairperson

Any Councillor/s appointed to the Committee may act as the Chairperson. If there are two or more Councillors appointed to the Committee, the Councillors will determine who will act as Chair.

Acting chairperson

If the Chairperson is absent or unavailable to preside, a member of the Committee chosen by the members present at the Committee meeting will preside as the Chairperson.

Quorum

The Quorum for Committee meetings will be a minimum of 51% of the membership.

Times and places for meetings

The Committee may determine the dates, times and places for its meetings. As a maximum, meetings shall be held on a quarterly basis. Council will be responsible for providing a suitable venue.

Meeting procedures

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

Voting

• Each member of the Committee may vote on business before the Committee, except where the member has a conflict of interest.

• 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 Chairperson presiding has a casting vote.

• If a member present fails to vote, the member is taken to have voted in the negative.

Conflict of interest

• Committee members must declare their conflict of interest to the meeting and must not be present while the matter, or a related matter, is being considered by the Committee or otherwise take part in any decision of the 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 they have or could reasonable be taken to have a conflict between their private interest and the public interest in the matter being considered.

Open to the public

• Meetings are to be open to the public, except where confidential matters are discussed.

• When the Committee proposes to close a meeting to the public, the Chairperson will direct all persons, other than members of the 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 Committee on any item of business listed on the agenda however, a non-member cannot vote on any matter at a Committee meeting.

• Any individual attending a Committee meeting (members and non-members) that engages in conduct that is disruptive, aggressive or in contradiction of Council’s Code of Conduct and/or Values and Behaviours shall, at the discretion of the Chairperson, be requested to leave the meeting.

Confidential matters

(a)     Should matters of a confidential nature be discussed at a meeting, the meeting may be closed to the public in accordance with the Local Government Regulation 2012.

(b)     A person who is or has been a member of the 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;
• harm the local government; or
• release information that the person knows, or should reasonably know, is information that is confidential.

Minutes and reporting

The Committee is exempt from keeping minutes of its meetings pursuant to section 254G of the Local Government Regulation 2012, however, a written report of its deliberations at each of its meetings and its advice or recommendations must be provided to the relevant General Manager, who will list any recommendations for Council’s consideration on an agenda of a meeting of a Council Committee.

Review of Terms of Reference

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

Appointments to sub-committee/s shall be approved by the relevant General Manager, after receiving the Terms of Reference and membership recommendations from the Committee.

Internal and external engagement

The Committee requires express written permission from the relevant General Manager or Manager prior to undertaking any internal or external engagement on matters directly relevant to the Committee.

Values, behaviours and Code of Conduct

All Committee members shall adhere to Council’s Code of Conduct and associated Values and Behaviours. Any behaviour exhibited by a Committee member which contravenes these standards may result in membership being suspended or terminated.

Remuneration

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

Insurance

The Council will ensure that all members of Committees 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:

• Local Government Act 2009
• Local Government Regulation 2012
• Transport Operations (Road Use Management) Act 1995
• Transport Operations (Passenger Transport) Act 1994
• 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.

Contact officer

Position: Senior Engineer Transport Planning

Branch: Transport and Drainage Planning