14:07 Sun 02 Mar 2008			Recipient: 6123Ob11	
					REF:AGAYC2Q1
	Cr Denise WILTON	cc	KSAS-Au
	MAYOR				Affected Bodies SHOROC 
	MOSMAN MUNICIPAL COUNCIL	Fed Shadow Minister for Families

	QUESTIONS COUNCIL MEETING TUE 04 MAR 2008

Dear Madam Mayor and Councillors

As directed in your letter 21 Dec 2007 here are the written questions
from the Management Committee of the Kids Safe-at-Sport Mosman 
[KSAS-2088]

Further to the Council Agenda for Council meeting Tue 04 Mar 2008
the Management Committee of KSAS-2088 raised these questions on Fri 
29 Feb 2008 which were faxed to Councillors on Sun 02 Mar 2008.

A	Questions for Council Meeting Tue 04 Mar 2008
	1	What response from MSAG on Mercury & Phosphorus disposal ?
	2	What is Council's Duty of Care to Children Policy?
	3	Why Council Duty of Care for Playgrounds but not Legislation ?
	4	Why MSAG Meeting minutes 07 feb 2008 not on Council website ?
	5	Community Market Research on use of Mosman Public Transport ? 
C	Next Steps
	
N	QUESTIONS COUNCIL MEETING TUE 04 MAR 2008

The following questions were agreed for the Council Meeting Tue
04 Mar 2008.

1	WHAT RESPONSE FROM MSAG ON MERCURY & PHOSPHORUS DISPOSAL ?

RDW	Has a response been received from the Mosman Sustainability 
	Advisory Group [MSAG] to the question posed by Cr Jim REID 
	on 24 Aug 2007 ?

	That question was seeking advice on disposal of the energy 
	efficient light bulbs and neon lights which contain Mercury 
	and Phosphorus {Att A - Question Cr REID to MSAG}

2	WHAT IS COUNCIL'S DUTY OF CARE TO CHILDREN POLICY ?

PMA	We note with interest that Cr Simon MENZIES has proposed that 
	Mosman Council has "a Duty of Care to install a Child Safety 
	fence at Memorial Park Children's Playground urgently" ! 
	(MOSPLAN 6.02.02)

	On behalf of Kids Safe-at-Sport it would be enormous value 
	to us and the Community if the Council outline its parameters
	for its Duty of Care in Children's Sport performed under
	the NSW Child Protection Legislation and on the Council's
	Sporting Fields.

	Would it be possible to receive by Fri 14 Mar 2008 that Duty 
	of Care outline that supports Cr MENZIES application ?

In answer to the General Manager's letters 06 Feb and 25 Feb, Peter 
AXTENS LLb (Lawyer) has been advising the Kids Safe-at-Sport Network
on Council's legal compliance issues.

3	WHY COUNCIL DUTY OF CARE FOR PLAYGROUNDS BUT NOT LEGISLATION ?

MJC	According to Cr Simon MENZIES Notice of Motion for
	Council meeting on Tue 04 Mar 2008 {Att B}: 

	"In November 2007 I submitted a QWN, following representations
	from concerned parents, about the low height of the gate and 
	fence at this popular children's playground. 

	Consequently two safety gates were installed but staff determined
	that a child safety fence was not required.

	There is no rule that says Council must provide child safety fences 
	surrounding Children's playgrounds.

	It is my view that Council has a duty of care in this instance to 
	install a safety fence at this location."

	If Cr MENZIES believes Council has a Duty of Care for Children
	for a safety fence then surely the Council has a Duty of Care
	to ensure that the NSW Child Protection legislation is audited
	in Junior Sports Clubs ?

4	WHY MSAG MEETING MINUTES 07 FEB 2008 NOT ON COUNCIL WEBSITE ?

WPR	Why are the minutes of the Mosman Sustainability Advisory
	Group [MSAG] meeting on the 07 Feb 2008 not on the Mosman 
	Council's Web Site ?

5	COMMUNITY MARKET RESEARCH ON USE OF MOSMAN PUBLIC TRANSPORT ?

SGG	Would Mosman Council agree to qualified market researchers 
	conducting a survey into what factors would influence Mosman 
	Ratepayers into using Public Transport as part of the Mosman 
	Sustainability strategy "Encouraging community to take Public 
	Transport" ?

B	NEXT STEPS

We look forward to:

1 	Council's response on Tue 03 Mar 2008 and 

2 	the KSAS-2088 questions and Council's response to be included 
	in the Council Minutes for the first time

Thank you.

Yours sincerely


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

Att

A	Cr REID's question to MSAG 02 Oct 2007

B	Cr MENZIE's Notice of Motion 04 Mar 2008

C	Letter received from General Manager requiring "Formal Legal Advice" 
	before responding to Parents' concerns