Preparing a compliant CID proposal: Compile the full set of required proposal materials as specified. Provide a detailed budget projection covering projected expenditures for services, activities and projects and related operations including staffing and communications, projected revenue from the proposed levy, other projected revenue sources such as sponsorship or advertising, an analysis of whether the levy and other revenue will be sufficient, and a contingency plan for unexpected costs or revenue shortfalls (s 4). Prepare CID entity information including name or proposed name, incorporation status, primary contact details, organisational structure with committee roles and a summary history of establishment (s 5). Prepare a precise boundary description using streets, roads and landmarks (s 6). Ensure the ballot package will include a plain-language explanation of levy calculation and the chosen levy method (s 13(3)(c)), and state that business land owners and CID businesses are eligible for free membership (s 13(3)(d)).
Consultation and reporting: Conduct consultation in line with s 7, proactively engaging Local Aboriginal Land Councils, registered native title body corporates where applicable, Aboriginal and Torres Strait Islander community-controlled organisations, culturally and linguistically diverse communities and likely users of proposed services. Document consultations thoroughly to produce a consultation report that lists parties consulted, consultation activities, steps taken to understand CALD community views, summary of views including need, support and concerns, and steps taken to address concerns (s 8). Be prepared to publish the consultation report on the Authority’s website within 30 days of acceptance or rejection by the Authority, redacting personal information as needed (s 9).
Ballot logistics and roll management: Work with the Authority to ensure the list of persons likely to be entitled to vote is correct so the returning officer can prepare an accurate draft roll (s 16). If multiple owners exist, communicate and obtain consent where necessary so an enrolment application under s 18 will succeed if a random draw under s 17 does not select your client. Ensure notices required by s 14 are published in a way likely to bring the ballot to the attention of affected business land owners and CID businesses and that timelines meet the minimum periods: enrolments close no earlier than 30 days after notice and at least 21 days before opening of the ballot, while the close of the ballot must be at least 30 days after the close of enrolments (s 14(3)-(4)). Prepare plain-language ballot materials as part of the ballot package for the returning officer and ballot manager’s approval (s 13).
Ballot voting and postal process: Advise voters on the exact steps required by s 25 to vote validly: complete the ballot paper as instructed, place it in the inner envelope and seal it, place the inner envelope in the outer envelope and seal it, and record on the back of the outer envelope the voter’s full name and address, the business land owner or CID business whose vote is being recorded and, if voting by an authorised representative, a statement of authorisation. Keep records to support statutory declaration requests for duplicate or provisional ballots under ss 23 and 24. Document any advertising of the ballot and campaign materials to ensure compliance with offence provisions imported via s 34.
Constitution, governance and conflict policies: Draft the CID entity constitution to include the mandatory code of conduct, a conflict of interest policy that addresses spouses, children, household members, employers or business partners, organisations controlled by those persons and any other party likely to have significant influence, and a clause prohibiting committee member remuneration while permitting expense reimbursement (s 38(1)-(2)). Establish processes for disclosure of conflicts and for managing related-party contracts in line with s 38(1)(b)(ii). Prepare a plan for recruiting staff or contractors for day-to-day operations to avoid conflict with the committee remuneration prohibition.
Council agreements and coordination: Enter into agreements with each local council whose area is within the CID as soon as possible after approval, covering primary contact details, consultation and approval processes for services and projects and a dispute resolution process, and provide copies to the Authority (s 39). Coordinate early with local councils to identify any services that might be considered public services to avoid contravening s 42(1)(a). Document council consultation and approvals so that annual and initial reports can include copies of agreements and evidence of consultation (ss 39, 40(1)(c), 41(1)(e)).
Financial management and levies: Select a permitted levy calculation method and explain it clearly in the ballot materials and proposal: either proportional value (a proportion of gross land value) or a tiered method with specified bands and levies (s 44). Build projected revenues and contingency planning into the business plan required in the initial and annual reports (ss 4, 40(1)(a), 41(1)(a)). If a landowner seeks payment arrangements, ensure agreements with the Authority are documented to allow for possible reduction or write-off of accrued interest subject to compliance with the agreement (s 45). Maintain accurate records to support certificate requests about unpaid levies and to respond if amounts are referred to the Chief Commissioner for recovery under the State Debt Recovery Act 2018 (s 46).
Reporting, transparency and website requirements: Set up and maintain a public website as required by ss 40-41. Publish the approval of the CID proposal, minutes of general meetings or AGMs, business plan, conflict of interest policy and copies of agreements with councils, insurance certificates and explanatory materials on membership and links to the Authority’s website. Redact personal information where applicable before publication (ss 40(1)(e), 40(2), 41(1)(h)). Prepare initial and annual reports within the prescribed timeframes and retain financial statements and auditor reports as required under the Associations Incorporation Act 2009 (s 41).
Insolvency and cessation planning: Put in place triggers and notification procedures so the Authority is notified as soon as possible if the CID entity ceases operations, becomes insolvent, an external administrator is appointed or steps are taken to wind up or cancel registration under the Associations Incorporation Act 2009 (s 43(1)). Prepare information on the final date of operations, amounts paid to the CID Levies Fund, other assets acquired with those monies and expected dates for transfer to the Authority so that the notice required by s 43(2) can be compiled promptly.
Record-keeping, ballot security and audit readiness: Ensure all ballot packages are labelled, signed, sealed and handed to the ballot manager, with scrutineers allowed to add labels if they wish, and that the ballot manager secures packages for at least six months after the close of the ballot or longer if court proceedings or research require retention (s 33). Keep records of all duplicate and provisional ballot papers sent under ss 23 and 24 and of enrolment objections and responses under s 19. These records will be critical for responding to any administrative review or challenges under the offence provisions applied by s 34.
Engage legal and electoral expertise early: Given the number of cross-references to other statutes and the potential for discretionary decisions by the Authority and returning officer, engage specialist legal and electoral services early to draft the proposal, the ballot package, the constitution and conflict policy, to plan council agreements and to set up robust record-keeping and compliance systems to meet the regulation’s procedural and reporting requirements.