Results Of 2018‒19 Audits: Local Government

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—Level 31 / 35 Collins StreetMelbourne Vic 3000T 03 8601 —Results of 2018‒19 Audits: Local GovernmentVictorian Auditor -General’s OfficeNovember 2019Results of2018‒19 Audits:Local GovernmentNovember 20192019–20: 728670 VAGO Report - Local Government Cover.pdf Page 1 of 1Victorian Auditor-General’s Report2019–20: 728670 VAGO Report - Local Government Cover.pdf Page 1 of 1

Results of 2018‒19Audits: LocalGovernmentOrdered to be publishedVICTORIAN GOVERNMENT PRINTERNovember 2019PP No 96, Session 2018–19

The Victorian Auditor‐General’s Office acknowledges Australian Aboriginal peoples as the traditionalcustodians of the land throughout Victoria. We pay our respect to all Aboriginal communities, theircontinuing culture and to Elders past, present and emerging.This report is printed on Monza Recycled paper. Monza Recycled is certified Carbon Neutral by The Carbon Reduction Institute(CRI) in accordance with the global Greenhouse Gas Protocol and ISO 14040 framework. The Lifecycle Analysis for MonzaRecycled is cradle to grave including Scopes 1, 2 and 3. It has FSC Mix Certification combined with 99% recycled content.ISBN 978 1 925678 64 2

The Hon Shaun Leane MLCPresidentLegislative CouncilParliament HouseMelbourneThe Hon Colin Brooks MPSpeakerLegislative AssemblyParliament HouseMelbourneDear Presiding OfficersUnder the provisions of the Audit Act 1994, I transmit my report Results of 2018‒19Audits: Local Government.Yours faithfullyAndrew GreavesAuditor-General27 November 2019

ContentsReport overview . 7Report structure .8Recommendations . 8Submissions and comments received. 81 Sector context . 9Legislative and reporting framework . 12Sector developments . 122 Results of audits . 15Conclusion . 15Financial report audit opinions . 15Performance statement audit opinions. 16Financial reporting quality . 17Internal control observations . 19Found assets . 233 Focus areas at a glance . 25Conclusion . 25Focus area highlights . 25Asset management and valuation process . 304 Financial outcomes and sustainability . 33Conclusion . 33Overview.33Financial performance highlights . 34Financial position highlights . 36Appendix A. Submissions and comments . 45Appendix B. Audit opinions . 51Appendix C. Control issues risk ratings . 55Appendix D. Financial sustainability indicators . 57Victorian Auditor‐General’s ReportResults of 2018‒19 Audits: Local Government5

Acronyms6AASBAustralian Accounting Standards BoardCSVCladding Safety VictoriaDELWPDepartment of Environment, Land, Water and PlanningDPCDepartment of Premier and CabinetFinProLocal Government Finance ProfessionalsLGMFRLocal Government Model Financial ReportLGPRFLocal Government Performance Reporting FrameworkLGVLocal Government VictoriaVAGOVictorian Auditor‐General’s OfficeVBAVictorian Building AuthorityResults of 2018‒19 Audits: Local GovernmentVictorian Auditor‐General’s Report

Report overviewVAGOVictorian Auditor‐General’s ReportResults of 2018‒19 Audits: Local Government7

Report structureIn this report, we summarise the outcomes of our audits on the financialreports, and performance statements, of the Victorian local government sectorfor the year ended 30 June 2019.We also report on key matters arising from our audits and analyse the sector’sfinancial performance. A summary of our recommendations is outlined below.We carried out the financial audits of these entities under the Audit Act 1994and Australian Auditing Standards. Each entity pays the cost of its audit.The cost of preparing this report was 200 000, which is funded by Parliament.RecommendationsWe recommend councils:1.monitor the impact and progress of Cladding Safety Victoria’s rectificationworks and continue to identify buildings at risk (see Section 1.2)2.work with the state government to explore sustainable, innovative andlonger‐term solutions to recyclable waste (see Section 1.2)3.ensure they have strong frameworks, policies and controls in place for theuse of corporate and procurements cards (see Section 3.2)4.maintain sufficient oversight of activities outsourced to external serviceproviders (see Section 3.2).We recommend that Local Government Victoria:Submissions andcomments received5.continues to provide sector‐wide guidance, overarching frameworks andpolicies relating to the incoming Australian Accounting Standards as thesector begins to recognise the impacts of these standards(see Section 3.2)6.provides further guidance on the presentation requirements of AustralianAccounting Standards Board 1052 Disaggregated disclosures to ensureconsistency across the sector (see Section 3.2)7.provides further sector‐wide guidance on asset valuations(see Section 3.3).We have consulted with the Department of Environment, Land, Water andPlanning (DELWP) and the entities named in this report, and we consideredtheir views when reaching our conclusions. As required by the Audit Act 1994,we gave a draft copy of this report to those entities and asked for theirsubmissions or comments. We also provided a copy of the report to theDepartment of Premier and Cabinet (DPC).The following is a summary of formal responses received. The full responses areincluded in Appendix A:8 DELWP notes our findings and supports in principal the recommendationsin the report—where applicable, we have amended our report based on thesubmission from DELWP. Campaspe Shire Council provided an update on their management letterissues.Results of 2018‒19 Audits: Local GovernmentVictorian Auditor‐General’s Report

Sector contextThe Victorian local government sector comprises 79 councils, 10 regional librarycorporations and 17 associated entities. Appendix B lists all these entities.Local Government Victoria (LGV) classifies councils into five Victorian LocalGovernment Comparator Groups. These groups, or cohorts, are determinedbased on size, demographics, and funding, and are summarised in Figure 1A.Figure 1ACouncil cohortsNote: Interface councils are the municipalities that surround metropolitan Melbourne, forming the interface between it and regionalVictoria.VAGO, based on Australian Bureau of Statistics, Data by Region, 2017‒18.Victorian Auditor‐General’s ReportResults of 2018‒19 Audits: Local Government9

Councils’ principal activities are to maintain the peace, order and goodgovernment of each municipal district. They also provide a range of services tolocal municipalities—as shown in Figure 1B—including maintaining local roads,waste management, delivering family services, and operating aquatic and libraryfacilities.Figure 1BOverview of the local government sectorVAGO.10Results of 2018‒19 Audits: Local GovernmentVictorian Auditor‐General’s Report

Councils are primarily funded through rates and charges, state andCommonwealth government grants and other contributions. The majority of thesector’s assets consist of the infrastructure, property, plant and equipmentneeded to deliver services to the community. The sector also holds a significantamount of cash and investments, which are used to fund day‐to‐day activitiesand long‐term capital programs.Figure 1C summarises key financial balances for the sector.Figure 1CLocal government sector financial snapshot for the year ended 30 June 2019VAGO.Victorian Auditor‐General’s ReportResults of 2018‒19 Audits: Local Government11

Legislative andreportingframeworkVictoria’s Constitution recognises local government as one tier of government,with democratically elected councillors governing councils, and a councilappointed chief executive officer managing their operations.Local Government Act 1989The Local Government Act 1989 establishes the constitutional, electoral, andoperational arrangements for local government in Victoria. This includes theroles and responsibilities of councils, elected councillors and counciladministration. While councils are administered under the Local GovernmentAct 1989, they operate autonomously and are accountable to their ratepayersand residents.Along with LGV as the responsible government agency providing information,policy advice and support works to councils, councils are also represented inVictoria by: the Municipal Association of Victoria, established under the MunicipalAssociations Act 1907 Local Government Finance Professionals (FinPro)—an association forpeople working in local government in Victoria the Victorian Local Governance Association—an independentmember‐based association supporting councils, councillors, and thecommunity in good governance.Local Government Bill 2019The Local Government Bill 2019 was introduced to Parliament on13 November 2019 and builds on the reforms presented in the previousproposed Local Government Bill 2018, which lapsed before the November 2018election.The Bill aims to deliver on the Victorian Government’s commitment to create aLocal Government Act that introduces a modern framework empoweringcouncils to improve service delivery, focus on deliberative engagement andlong‐term financial management to support Victoria’s councils and theircommunities.Sectordevelopments12Combustible claddingIn response to significant building fires caused by combustible cladding inMelbourne in November 2014 and in London in June 2017, the stategovernment established the Victorian Cladding Taskforce in July 2017. Thistaskforce investigated the extent of non‐compliant external wall cladding onbuildings in Victoria, and make recommendations for improvements to protectthe public and restore confidence that building and fire safety issues are beingaddressed appropriately.Results of 2018‒19 Audits: Local GovernmentVictorian Auditor‐General’s Report

Following the release of the interim findings and recommendations by thetaskforce in December 2017, the Victorian Building Authority (VBA), on behalf ofthe state government and with the assistance of councils, undertook astate‐wide audit of residential, multi‐unit buildings of three storeys or morelikely to have combustible cladding. Four ministerial declarations sinceFebruary 2018 have given the VBA the functions of the Municipal BuildingSurveyor for over 300 buildings assessed as higher risk.The state government established Cladding Safety Victoria (CSV) in July 2019 tooversee a 600 million program of rectification works on class 2 buildings of ahigher risk rating across Victoria. CSV will provide support and guidance toowners and occupants of buildings with combustible cladding and aims toreduce risks to an acceptable level.Councils need to monitor CSV’s rectification program and continue to work withthe VBA to identify buildings at risk.Waste and recyclingChina’s restriction of its intake of foreign waste for recycling in 2018 and thecollapse of SKM Recycling in July 2019 have significantly affected kerbsiderecyclable waste management across the sector.While some councils found alternative short‐term recycling processors, manyhad no alternative other than to send their recyclable waste to landfill. Publicmedia has estimated this waste at more than 4 500 tonnes per week, across31 councils.Diverting recyclable waste to landfill has resulted in councils incurring morecosts, which will likely be passed onto ratepayers and residents in the form ofwaste charges. The full impact of this is yet to be determined, given theexpected time lag between councils incurring the costs and recovering themfrom ratepayers.While some councils have resumed recycling following resolution withSKM Recycling’s receivers, and the announced purchase of SKM Recycling,councils and the state government need to explore sustainable, innovative andlong‐term solutions to recyclable waste.Governance mattersAdministrators areappointed by the Ministerfor Local Government ininstances of seriousgovernance failure toundertake the roles andresponsibilities of thecouncil.Victorian Auditor‐General’s ReportHigh standards of governance are fundamental in enabling councils toeffectively and efficiently manage the public resources entrusted to them.While most councils have suitable controls to govern their operations, severalrecent governance failures have resulted in interventions by the stategovernment through the appointment of administrators or municipal monitors.Figure 1D summarises the status of councils with recent governance issues.Results of 2018‒19 Audits: Local Government13

Figure 1DStatus of governance mattersMunicipal monitorsmonitor and advisecouncil on governanceprocesses and practices.They report and providean update on councilimprovement actions tothe Minister for LocalGovernment.CouncilDescription of findingArarat Rural CityCouncilOn 2 May 2019, the Minister for Local Government advisedArarat Rural City Council that he had concluded the municipalmonitor’s appointment at the council, who had previously beenappointed for two years to August 2019.Central GoldfieldsShire CouncilCentral Goldfields Shire Council continue to have a stategovernment‐appointed panel of administrators oversee itsoperations. This will remain until the next council generalelection in October 2020.Greater GeelongCity CouncilThe role of the two municipal monitors at Greater Geelong CityCouncil will shift to a ‘watching brief’ in recognition of progresssince their appointment on 7 September 2017 following aCommission of Inquiry.The municipal monitors will be in place until the council’sgeneral election in October 2020.Frankston CityCouncilFollowing an 18‐month appointment term ending in June 2019,the municipal monitor at Frankston City Council was extended to19 September 2019, upon the appointment of a new chiefexecutive officer.South GippslandShire CouncilThe municipal monitor, appointed to South Gippsland ShireCouncil by the state government from 18 June 2018 to4 April 2019, provided his final report to the Minister for LocalGovernment about the council’s governance processes andpractices on 21 March 2019.The Minister for Local Government subsequently appointed aCommission of Inquiry, which provided its report to the Ministeron 13 June 2019.The council was subsequently dismissed on 22 June 2019 underthe Local Government (South Gippsland Shire Council) Act 2019.The state government appointed a panel of three administratorsto operate the council from 24 July 2019 until the next generalelection for the council in 2021.VAGO.Governance failures impede a council’s ability to maintain strong internalcontrols that safeguard assets, promote accountability and increase efficiency.Several reports discussing procurement risks, fraud and corruption across thesector have recently been published, including: the Independent Broad‐based Anti‐corruption Commission’s Special reporton corruption risks associated with procurement in local government(September 2019) the Tasmanian Audit Office’s Procurement in Local Government(September 2019) the Office of the Auditor General for Western Australia’s Fraud Preventionin Local Government (August 2019) VAGO’s Fraud and Corruption Control—Local Government (June 2019).We further analyse the sector’s procurement practices in Section 3.2.14Results of 2018‒19 Audits: Local GovernmentVictorian Auditor‐General’s Report

Results of auditsThis Part summarises the results of our financial report and performancestatement audits, including observations about internal controls for the sector,for the year ended 30 June 2019. Appendix B lists all the entities covered by thisreport and the date and nature of audit opinions issued.ConclusionThe financial reports and performance statements of all the entities in the localgovernment sector that we audited were found to be reliable.At the date of this report’s publication, the financial audits of one council—West Wimmera Shire Council—and three associated entities—Regional LandfillClayton South Joint Venture, Regent Management Company Pty Ltd, andProcurement Australia—have not been completed.Financialreport auditopinionsWe carried out our financial audits in accordance with Australian AuditingStandards. Figure 2A summarises the financial report audit opinions we issued,highlighting that, overall, the sector’s financial reports are accurate and reliable.Figure 2AFinancial report audit opinions issued for the year ended 30 June 2019The financial report isprepared in line withrelevant AustralianAccounting Standards andapplicable legislation. Itshows the financialperformance and positionof the entity.VAGO.Victorian Auditor‐General’s ReportResults of 2018‒19 Audits: Local Government15

Performancestatement auditopinionsWe carried out our audits of performance statements in accordance with theLocal Government Performance Reporting Framework (LGPRF).Figure 2B summarises the performance statement audit opinions we issued.Figure 2BPerformance statement audit opinions issued for the year ended 30 June 2019The performancestatement outlinescouncil performance inaccordance withindicators prescribed bythe Local Government(Planning and Reporting)Regulations 2014.VAGO.Thematic errors and inconsistencies in performancestatementsOur audits of the sector’s performance statements identified accuracy andcompleteness errors mostly relating to: statutory planning—council planning decisions upheld by the Victorian Civiland Administrative Tribunal, with decisions incorrectly included or excludedfrom the relevant reporting period food safety—critical and major non‐compliance outcome notifications,where calculations were based on the financial year, rather than thecalendar year per the LGPRF workforce turnover—resignations and terminations compared to averagestaff, where non‐permanent employees were incorrectly included in theindicator, and permanent or terminated employees incorrectly calculated.These errors were mostly due to incorrectly using and classifying data, due to alack of robust quality review processes when preparing performancestatements.We also identified inconsistencies in the approach taken for the unrestrictedcash indicator—some councils incorrectly included term deposits with amaturity date over three months as unrestricted cash.Where we identified material errors, we required councils to amend theirindicators and statements.Councils should ensure there are appropriate preparation, and independentquality review processes over the performance indicators, as they are keymeasures of council transparency, accountability and performance.16Results of 2018‒19 Audits: Local GovernmentVictorian Auditor‐General’s Report

Local Government Performance Reporting FrameworkBased on previous VAGO recommendations, the Minister for Local Governmentapproved the Strategic Directions Paper 2018‒21 in February 2019 to introducemandatory performance reporting to strengthen and improve the transparencyand availability of performance information about councils.Our performance audit Reporting on Local Government Performance—tabled inParliament on 23 May 2019—assessed if the LGPRF communicated performanceinformation that is relevant, timely, accurate and easy to understand for councilsand the community. It examined how councils use the LGPRF to improve theirperformance and if councils’ other performance activities, such as reporting onstrategic objectives and benchmarking, are effective.The report made 11 recommendations—five to DELWP and six to councils—andconcluded that the LGPRF:Financialreporting quality along with other internally generated data, is not being sufficiently used bycouncils to understand their performance and communicate it to theircommunity or inform their decisions lacks good outcome measures, with data reported inconsistently betweencouncils and some reported data being unreliable has not achieved the aim of reducing the reporting burden on councils.The timeliness of the published financial reports and the accuracy of draftreports presented for audit are important and interrelated quality attributes offinancial reporting.Generally, councils implemented effective processes and procedures to preparetheir financial reports and presented accurate draft reports for audit.TimelinessThe Local Government Act1989 requires councils tosubmit their auditedfinancial reports andperformance statementsto the Minister for LocalGovernment by30 September each year.Victorian Auditor‐General’s ReportTimely financial reporting is a critical element of an entity’s accountability tousers of the financial statements. The later financial reports are produced afteryear end, the less useful they become. We measure timeliness by the time takenafter year‐end for each council to finalise their financial reports.As shown in Figure 2C, 76 councils met the statutory deadline of 30 September2019 (79 in 2018).Results of 2018‒19 Audits: Local Government17

Figure 2CTimeliness of financial reporting by councilsNumber ofcouncils8070605040302010072019 average: 11.16 weeks(2018: 10.90 weeks)89101130 Septemberstatutory deadline1213 13Weeks after 30 June2019 Cumulative2018 CumulativeVAGO.Northern Grampians Shire Council and West Wimmera Shire Council did notmeet the original statutory deadline. They sought, and received, extensionsfrom the Minister for Local Government.Yarriambiack Shire Council made an application to the Minister for LocalGovernment for an extension to the statutory deadline. This application wasmade after the statutory deadline and therefore not considered, and the counciladvised accordingly.In all three cases, the delay was primarily due to issues encountered withreporting of property, plant and equipment values.AccuracyMaterial errors aresignificant misstatementsor omissions ofinformation that mayinfluence a user’sdecision‐making.18Accurate financial reports do not contain material errors and reliably record anentity’s financial performance and position. Material errors identified during theaudit must be corrected before we can issue a clear opinion. Errors that are notcorrected reduce the accuracy and clarity of the final financial report.We identified 187 financial statement errors across the 79 councils, totalling 240.4 million (2017–18: 155 financial statement errors, totalling 307.7 million). Figure 2D summarises the most common errors we foundduring our audits.Results of 2018‒19 Audits: Local GovernmentVictorian Auditor‐General’s Report

Figure 2DCommon errors identifiedCommon errors we found included: incorrect valuation of infrastructure, property,plant and equipment, identification of foundassets and incorrect timing for the recognition ofdeveloper contributed assets disaggregated disclosure balances not reconcilingto the totals in the comprehensive operatingstatement and balance sheet provision for doubtful debts not calculated inaccordance with Australian Accounting StandardsBoard (AASB) 9 Financial Instruments errors in the calculation of the landfill provisionand airspace asset balances incorrect classification between cash and cashequivalents and financial assets errors in the calculation and classification ofemployee benefit provisions.Dollar errorsCommon financial statement disclosure errors we foundrelated to:Disclosure errors errors in the accuracy of commitment balances errors in the accuracy and completeness of keymanagement personnel and senior sInternal controls helpentities meet theirobjectives reliably andcost effectively, complywith relevant legislationand also decrease the riskof fraud and error.In our annual audits, we consider the internal controls relevant to a council’sfinancial and performance reporting. We also assess whether councils havemanaged the risk that their reports will not be complete or accurate.To the extent that we considered them, councils’ internal controls wereadequate to ensure reliable financial and performance reporting. However, weidentified some weaknesses, which are summarised below.We identified 127 new medium and high‐risk internal control issues during our2018‒19 audits (121 in 2017–18). Figure 2E shows that the number of newissues identified in 2018‒19, while slightly higher than in 2017‒18, hasdecreased over the last four years.The number of unresolved prior year issues has also steadily reduced over thelast four years. This indicates that councils are actively addressing their controldeficiencies. While an improvement, councils should continue to addressoutstanding issues within recommended and agreed time frames.We have not analysed low‐risk internal control issues in this report, becausethey are minor issues or opportunities to improve. In Appendix C we provide therisk rating definitions applied to the issues we report in our audit managementletters.Victorian Auditor‐General’s ReportResults of 2018‒19 Audits: Local Government19

Figure 2ENumber of new and unresolved prior year management letter issues in thelocal government sector for the years ended 30 June, 2016 to 20192018–192017–182016–172015–16050100New issues identified150200250300350Unresolved prior period issuesVAGO.High‐risk rated issuesNew issues raised in 2018–19We identified 14 new, high‐risk issues at 10 councils in 2018–19 (compared tonine new, high‐risk issues across six councils in 2017–18). Thirteen of these14 issues remain open at the following councils: Ballarat City Council Central Goldfields Shire Council Greater Geelong City Council Hepburn Shire Council Horsham Rural City Council Mildura Rural City Council South Gippsland Shire Council Strathbogie Shire Council Warrnambool City Council.The high‐risk rated internal control issues identified in 2018‒19 primarily relateto: asset management and valuation processes (46 per cent of all issues raised) procurement processes, including the use of corporate cards and vendormaster file changes (15 per cent of all issues raised).We discuss these key issues in further detail in Part 3.20Results of 2018‒19 Audits: Local GovernmentVictorian Auditor‐General’s Report

Unresolved prior year, high‐risk issuesIn 2017–18, we reported 14 unresolved high‐risk rated issues. Our follow up ofthese issues in 2018‒19 indicated that councils continue to work throughimplementation plans to resolve them, with six remaining unresolved at30 June 2019.Figure 2F summarises the high‐risk rated internal control issues identified inprior years that remain unresolved.Figure 2FUnresolved high‐risk rated issues from prior yearsCouncilDescription of findingCampaspe ShireCouncilCampaspe Shire Council did not undertake a valuation of assetsin 2018–19—which was originally scheduled to be completed in2017–18—for bridges, drainage assets, footpaths and cycleways. Roads were scheduled for a valuation assessment in2016–17. No condition or impairment assessments werecompleted for any of these assets in 2018–19.Management acknowledge this issue remains unresolved andhave committed to completing a full unit rate and conditionassessment for these asset classes in 2019‒20.Central GoldfieldsShire CouncilGannawarra ShireCouncilPrior to 30 June 2019, Central Goldfields Shire Council lastperformed a valuation for its land and building assets in 2014.While it completed a valuation of land and buildings at30 June 2019, several assets controlled by the council were notincluded in the valuation.Management have committed to revaluing these assets in2019‒20.Gannawarra Shire Council did not complete a fair valueassessment over asset classes not revalued at 30 June

The Local Government Act 1989 establishes the constitutional, electoral, and operational arrangements for local government in Victoria. This includes the roles and responsibilities of councils, elected councillors and council administration. While councils are administered under the Local Government

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