13:07 Sun 25 Nov 2007			Recipient: 6123Ob11	
						REF:AASXKPR1
						Y/R: Mtg T 2007/12/04
TO:	Cr Denise WILTON		cc	KSAS-Mosman
	MAYOR				F:	{61}(2) 9978-4132
	MOSMAN MUNICIPAL COUNCIL

	COUNCIL'S LIABILITY ON THE DUTY OF CARE ISSUES ?

Dear Madam Mayor and Councillors

Further to the confirmation from the Commission for Children and Young 
People that there is a Gap in the NSW Child Protection Legislation (ref 
letter 06 Nov 2007) and that Volunteers do not have to be checked,
what is Mosman Council's Legal Advice on the Duty of Care Risk Management
assessment for"

A	Parents of Young People playing Sport in Mosman

B	Funding Mosman Council's future Infrastructure costs in the light of
	the Mosman Daily article "Change will make us boil" on Thu 22 Nov 2007 
	by the Mayor of North Sydney Genia McCAFFERY 

A	LEGAL ADVICE LETTER FROM GENERAL MANAGER 

On 24 Oct 2007 the General Manager wrote to me to say that he had sought 
legal advice from the New South Wales Local Government Association on 
Volunteers in Junior Sport, "particularly audit mechanisms" {Att A}.

The letter the General Manager received from "David GIBSON Director-
Workplace Solutions NSW Local Government Association" only confirmed 
the research that Greg MAYSON had conducted with the Commission in May 
2007 - 6 months ago.

Pittwater Parents have been aware of that problem for 2 years which is 
why the Junior Sports Information Service [JSIS] and the Kids Safe-at-Sport
Network [KSAS-Au] were developed.

What is the LEGAL Advice Council has received on the Council' s 
non-delegable Duty of Care responsibility created by the Council's action 
of hiring out Mosman sporting fields ? 

B	ARTICLE BY MOSMAN GM & ARTICLE ON 22 NOV 2007

On Thu 01 Nov 2007 Mosman Daily quoted the Mosman General Manager in an 
article Lack of funds put council on death row":

"There isn't a level of government in Australia spending enough money
on infrastructure's 

We've got the 6% levy (lifetime infrastructure levy approved in July 
by the State Government) and we have a strategic financial plan that
will bring us through this", he said 

However the Mosman Daily Article Thu 22 Nov 2007 by the Mayor of North 
Sydney "Change will make us boil" confirms the fears of many Ratepayers 
with State Government Legislation and Policies.

The Mayor's article states:

1 	At present, councils get a contribution from developers to fund 
	infrastructure projects

2 	The State Government now proposes these levies can only be used 
	to fund infrastructure to support new land developments, not 
	infrastructure to support a growing population

3 	With rate pegging and no developer contributions, Council will 
	have no way of ensuring our infrastructure can keep pace with demand

4 	If you don't' want to be a boiling frog, galvanise your friends 
	and lobby to stop those changes before they are introduced

NEXT STEPS 

Mosman Parents & Citizens would appreciate a Statement from you on 
Tue 04 Dec 2007 on the two Council's Duty of Care issues.

KSAS-Mosman is proposing an alternative which utilises the NSW Electronic 
Transaction Act to provide Council with revenue. 

We look forward to the Council meeting on Tue 04 Dec 2007

Yours sincerely




Stephen GOULD			E:   	stephen.gould@ksas-au.net
Hon Secretary			M:   	0416-009-468
KIDS SAFE-AT-SPORT MOSMAN	W:  	www.ksas-au.net