Department for Finance, Services and Innovation

Property Acquisition Standards Group

Property Acquisition Standards

Version:

Version / Approval Authority / Approved Date / Applicable Date:
1.1 / Director PAS / 06/04/2017 / 30/06/2017

Purpose of this document

This document sets out standards to achieve the targeted resident, community and government outcomes covering recruitment and training, communications with landowners / residents and reporting on the property acquisitions process covered by the Land Acquisition (Just Terms Compensation) Act 1991.

Scope

These standards apply to all acquiring authorities that acquire land under the Land Acquisition (Just Terms Compensation) Act 1991 (the Act). References to acquiring authorities include all NSW Government Agencies, local councils and any organisation undertaking land acquisition under the Act, and must be adhered to by their staff and contractors.

Required Outcomes

The purpose of these standards is to support acquiring authorities in achieving the following outcomes:

  • Landowners/residents are, and feel they were treated fairly, with empathy and respect, and had the support and information they needed to manage the land acquisition process in accordance with the Act.
  • The community feel confident the government applies consistent, transparent, and fair land acquisition processes, support and compensation outcomes that deliver public value – both financial and social
  • The government feels confident the property acquisition process is fair, transparent and is listening to and responding to community feedback
  • DFSI, CPA and acquiring authorities support the delivery of the optimal resident, community and project outcomes

Review

These standards will be reviewed by PAS every six months in consultation with the CPA. Any changes to standards will then be clearly communicated to acquiring authorities to ensure they are aware of any new obligations.

For any questions relating to the standards or the application of the standards please contact

Details

Document title / Hyperlink
Standard: Acquiring Authority / Here
Standard: Personal Manager Acquisitions / Here
Standard: Centre for Property Acquisitions / Here
Standard: Property Acquisitions Standards Group / Here
Standard: Reporting / Here
Appendix A: Exception Processfor providing less than the six-month fixed-term negotiation period / Here
Appendix B: Definitions / Here

Standard: Acquiring Authority

Introduction:

The standards for the acquiring authority aim to improve and simplify the resident/landowner experience throughout the property acquisition process. This includes providing the resident/landowner with a primarypoint of contact and ensuring high levels of service, consistency of informationand resident/landowner empowerment.

Scope:

These standards apply to all acquiring authorities that acquire land under the Land Acquisition (Just Terms Compensation) Act 1991 (the Act). References to acquiring authorities include all NSW Government Agencies, local councils and any organisation undertaking land acquisition under the Act, and must be adhered to by their staff and contractors.These standards form part of a package of minimum requirements that apply to the Personal Manager Acquisitions role, Centre for Property Acquisition within TfNSW, and the Property Acquisition Standards Group.

Required Outcomes:

  • Land is acquired underthe requirements of the Land Acquisition (Just Terms Compensation) Act 1991.
  • Consistent, transparent and personalised experience for the resident/landowner.
  • Clarity for the resident/landownerin who they need to deal with in the process.
  • Residents/landowners and community clearly understand the project and its benefits.
  • Written communications from the project are consistent and easy to understand.
  • Everyone involved with the process better understand their rights and responsibilities.
  • Residents/landowners are and feel supported during the process and fully understand the details of any offer
  • A higher rate of voluntary acquisitions.
  • Residents/landowners are not financially disadvantaged by the process – compensation occurs on ‘Just Terms’.
  • Assurance that there is a sound basis for determining the level of compensation.

Details:

  1. Project design and planning

1.1.The AA will provide a Property Acquisition Plan to the CPAfor review and incorporate reasonable feedback in advance of any acquisitions (notionally at final business case stage).PASmay elect to participate in a peer review foracquisition plans for specific projects on a risk basis. The AA will seek approval through the CPA for exceptions to the standards. The CPA will liaise accordingly with the PAS in such instances to obtain approval.
1.2.The AA will engage with and provideinformation as requested to CPAthroughout the life of each project. The AA will provide timely and accurateinformation as requested by PAS (via CPA)for the purposes of PASfulfilling its role.
1.3.The AA will include KPIs regarding optimal resident/landowner outcomes into broader project objectives which will be reported through CPA to PAS.
  1. Recruitment and Resourcing

2.1.The Personal Manager Acquisitions (PMA) and Community Place Managers (CPM) will be recruited by the AA in line with the accountabilities outlined in the position description documents (this excludes Specialist PMAs who are recruited directly by the CPA). There will be a representative from CPA as part of the decision making process for PMA recruitment.
2.2.Project Director and other project staff performance agreements and metrics will incorporate resident/landowner outcomes.
2.3.The AA will deploy CPMsto all infrastructure project(s)/acquisition(s) that require property acquisitions and standardise the use of CPMs within all infrastructure project(s)/acquisition(s) in NSW. The AA will seek approval through the CPA for exceptions to the standards. The CPA will liaise accordingly with the PAS in such instances to obtain approval.
2.4.The AA will deploy PMAs or resident/landowner engagement staff accredited by the CPAto all projects that require the acquisition or partial acquisitionof residential properties and small businesses.
2.5.SPMAs will be utilised by AAs as required by CPA, for example for complex acquisitions or projects with significant community impacts.
2.6.In the limited circumstances that there is a need to replace the PMA, the AA is responsible for ensuring a comprehensive handover of responsibilities, for example management of the CRM.
  1. Training andCommunication

3.1.All staff involved in the acquisition processwill be given appropriate training to ensure that they can communicate clearly; manage change, understand the situation from the perspective of the resident/landowner and demonstrate appropriate empathy; and can recognise when there is a need to escalate a difficult issue to a more appropriately trained colleague. Training to be completed using CPAprescribed training approach and materials.
3.2.All communications to residents/landowners relating to land acquisitions should be:
  • written in plain English
  • tailored to the specific needs of the resident/landowner (e.g. CALD,people with disability, specific demographics)
  • presented on a consistent letterhead
  • consistent with communication guidelines provided bythe CPA.

3.3.The CPMs, transaction managers and PMAs should work together so that the PMA is well prepared with all necessary resident/landowner information for the initial door knock.
3.4.Every effort must be made to ensure the same PMA be appointed to the resident/landowner, regardless of the project and the AA.
3.5.Communications to the impacted resident/landowner should have a minimum of the following:
  • Project context explaining why the project is required and the community outcomes/benefits
  • Property Acquisition Guide
  • Formal engagement letter
  • Full details of the compensation determination.

3.6.All communications to the resident/landownerrelated to the acquisition must be recorded in the CRM system including records of conversations with the residents/landowners. The PMA must become familiar with project communications received by the resident/landowner (e.g by utilising Consultation Manager).
3.7.All information about issues relevant to the compensation determination to be provided to the Valuer General as soon as practicable but no later than seven days following the date of the compulsory acquisition.
  1. Reporting

4.1.All property acquisition activity must be recorded in the CRM. The AA must ensure all property acquisition related information is kept private and secure and only made available to authorised users from AA andCPA.PAS will be provided with access to anonymized data fromthe CRM tool necessary to carry out its functions.
4.2.The AA will provide a comprehensive view of pipeline of acquisitions to the CPA.
4.3.The AA is accountable for the accuracy of information in the CRM relating to their project and ensuring all parties involved in the acquisition process have entered information relating to their case until resolution.
  1. Community Support

5.1.The AA should ensure CPMs develop a goodunderstanding of the local community, meet as many members of the community as possible, build strong relationships and providethe appropriate level of support to residents/landowners during the pre-contact process.
5.2.The AA should ensure CPMsare the primary point of contact for the community, for corridor and neighbour residents/landowners, for the duration of the project.CPMs will undertake all project general communication including community information sessions and communicate broader project related information e.g. rationale, benefits.
5.3.The AA should ensure PMA and/or CPMs conduct allnecessary community research to ensure availability of high quality community information before the initial door knock.
  1. Resident/Landowner Support

6.1.Provide the resident/landowner with a primary point of contact and ensure high levels of service, consistency of message and resident/landowner empowerment.
6.2.Property acquisition plans must include the recruitment, accreditation and on-boarding timeline for required PMA, SPMA and CPM roles in consultation with CPA.
6.3.The range of services available to support residents/landowners throughout the process must be easily accessible and easy to understand.At a minimum, all residents/landowners will have access to services including counselling and removalist and translation services, with specialised services available on an as needed basis.
6.4.Prior to commencement of the negotiation period, a detailed written explanation to the resident/landowner will be provided, written in plain English or tailored to the individual needs of the resident/landowner, setting out an explanation of the land acquisition process and setting out the rights and responsibilities of both the landowner and the acquiring authority.
6.5.The resident/landowner should be allowed a minimum six-month negotiation period prior to the issuing of a PAN. Any proposed reduction to this timeframe by the AAmust be communicated to PASviathe CPA and approved by the Minister for the acquiring authority and the Minister for Finance, Services and Property (refer to Appendix A for full exception process). If a shorter timeframe is requested in writing by the resident/landowner, no exemption is required however the AA is required to advise the CPA.
6.6.A payment of up to $75,000 can be provided as compensation for disadvantage resulting from relocation.Standardsfor assessing such compensation mustbe followed and are available here.
6.7.The resident/landownermust not be required to pay rent during the three months postcompulsory acquisition period.
  1. Valuer General

7.1.Acquiring authorities must pay the reasonable costs of the Valuer General for providing a compulsory compensation valuation. Such costs include any matter where the Valuer General has commenced work following the issue of a PAN regardless of whether a determination of compensation is finally issued.

Standard: Personal Manager Acquisitions

Introduction:

This standard sets out that each resident/landowner whose property is acquired for public infrastructure under the Land Acquisition (Just Terms Compensation) Act 1991 will be allocated a Personal Manager Acquisitions (PMA) by the relevant acquiring authority. The PMA will provide end-to-end management of the project’s interaction with the resident/landowner and all collateral to the resident/landowner will go through the PMA.

Scope:

These standards apply to all personal manager acquisitions and specialist personal manager acquisitions engaged by Acquiring Authorities (AAs) to support resident/landowners through the land acquisition process. These standards form part of a package of minimum requirements that apply to AAs, the Centre for Property Acquisition (CPA) within TfNSW, and the Property Acquisition Standards Group (PAS).

Required Outcomes:

  • Clear primary point of contact for residents/landowners
  • Government has confidence that the land acquisition process is being consistently applied across all acquiring authorities
  • Consistent, transparent and personalised experience for the resident/landowner
  • Residents/landowners will better understand their rights and responsibilities
  • Residents/landowners feel supported during the process and fully understand the details of any offer
  • PMA is empowered to ensure conversations and actions take into account individual circumstances.

Details:

  1. Key accountabilities

1.1.The PMA will provide end to end management as the primary point of contact for the project’s interaction with the resident/landowner.
1.2.PMA/Specialist PMA performance must deliver against the accountabilities and responsibilities outlined in the role position description.
1.3.PMAs will demonstrate excellent oral, written and inter-personal skills with a high degree of empathy.
1.4.The PMA will perform their role as part of the infrastructure project team to ensure high quality service for the resident/landowner and project outcomes.
  1. Resident/Landowner Support in the first instance

2.1.The PMA will make every reasonable attempt to inform residents/landowners face-to-face that their property is required for a government infrastructure project.
2.2.The PMA will provide the resident/landowner with a clear understanding of the acquisition and relocation process, including what they can expect from the Government and what services will be provided to assist.
2.3.The PMA will act as the face of the project and as the primary point of contact for the resident/landowner’s interaction with the project and government.
2.4.The PMA will ensure the resident/landowner is fully informed of the range of support services that will be made available as well as specialised support to meet their particular circumstances.
2.5.The PMA will have discretion to arrange additional services to meet individual needs, which could include relocation consultants, storage and temporary accommodation.
  1. Community Support

3.1.PMAs should work closely with Community Place Managers to ensure the PMA is well prepared with all necessary location information for the initial door knock.
  1. Communications

4.1.All communications to the resident/landowner related to the acquisition must be recorded in the CRM system including records of conversations with the resident/landowners.
4.2.The PMA must be aware and have visibility of all communications to the resident/landowner.
  1. Reporting

5.1.Resident/landowner feedback will be collated throughout the acquisition process and stored in CRM.
5.2.The PMA is responsiblefor the accuracy of information in the CRM relating to their engagement with the resident/landowner.
5.3.All property acquisition-related information shall be kept private and secure.

Standard: Centre for Property Acquisition

Introduction:

This standard sets out the minimum operating requirements for the whole of government Centre for Property Acquisition (CPA).

Scope:

These standards apply to the Centre For Property Acquisitionin Transport for NSW, in its role supporting acquiring authorities under the Land Acquisition (Just Terms Compensation) Act 1991 (the Act). These standards form part of a package of minimum requirements that apply to the Personal Manager Acquisitions (PMA) role, Acquiring Authorities (AA), and the Property Acquisition Standards Group (PAS).

Required Outcomes:

  • Excellence in resident/landowner engagement in respect of land acquisitions
  • Consistent, transparent and personalised experience for the resident/landowner
  • Residents/landowners and the broader community clearly understand the project and its purpose
  • Clarity for PMAs and Specialist Personal Manager Acquisitions (SPMA) on their roles and responsibilities
  • Provide a platform for PMAs and SPMAs to share their experiences and best practices in the process
  • Provide feedback and insights to PAS on key developments relating to Policy review etc.

Details:

  1. Resourcing & Recruitment

1.1.The position description for the PMA, SPMA and Community Place Managers (CPM) will be developed and regularly revised by the CPA, which will seek co-endorsement by the PAS.
1.2.The CPA will incorporate resident/landowner outcomes into performance agreements for Project Directors and project staff.
1.3.The CPA will regularly review the performance of Project Directors with respect to resident/landowner outcomes and address any issues.
1.4.The SPMA role will be recruited through the CPA in line with the accountabilities described in the position description.
1.5.The PMA role will be recruited by the AA in line with the accountabilities described in the position description in accordance with the requirements of CPA.
1.6.The CPA will deploy SPMAs to high impact or risk projects as needed. The acquiring authority will agree to the deployment of the SPMA.
1.7.The CPA will regularly review the performance of SPMAs with respect to resident/landowner outcomes and take action accordingly.
  1. Training & Communications

2.1.PMAs, SPMAs, CPMs and all other similar roles involved in the acquisitions process will be given appropriate training to ensure that they can write in plain English; tailor communication to the individual needs of the resident/landowner; understand the situation from the perspective of the resident/landowner and demonstrate appropriate empathy; and recognise when there is a need to escalate a difficult issue to a more appropriately trained colleague.
2.2.The CPA will accredit all PMAs and SPMAs.
2.3.Training and accreditation will be regularly reviewed and updated by the CPA, and reviewed by PAS.
2.4.The CPA will maintain guidelines for communication to residents/landowners which will be regularly reviewed and updated.
2.5.All resident/landowner services provided by the acquiring authority will be regularly reviewed.
  1. Community Support

3.1.Ensure effective pre-contact due diligence by acquiring authorities to specific community needs are understood and addressed as the project and acquisition process proceeds.
  1. Resident/Landowner Support

4.1.The CPA will review and provide feedback on the property acquisition plan provided by the AA ahead of the commencement of acquisition activity). PAS may elect to participate in a peer review for acquisition plans for specific projects on a risk basis.
4.2.The CPA will complete a regular review of the services available to residents/landowners throughout the process. The CPA will engage PAS and notify AAs before publishing changes to resident/landowner services.
4.3.Resident/landowner feedback will be incorporated into all materials developed and revised by the CPA. Insights from resident/landowner feedback will be issued to PAS in order to consider development of land acquisition policies and standards.
  1. Reporting

5.1.All property acquisition-related reporting will meet all NSW Government privacy and confidentially requirements.
5.2.The CPA must maintain a whole of government pipeline view for property acquisitions and will make anonymised data available to the PAS as required.
5.3.The CPAwill capture resident/landowner feedback after the acquisition process is complete. PAS may obtain access to anonymized data to improve policies or standards.
5.4.CPA will provide insights from resident/landowner feedback to PAS and AAs to be incorporated in all guidelines, position descriptions, training and performance reviews.
5.5.CPA must provide (and procure from AAs) accurate and timely information to PAS for the purposes of PAS fulfilling its roles and responsibilities.

Standard: Property Acquisition Standards Group

Introduction: