{"id":"local-government-central-goldfields-shire-council-act-2017","name":"Local Government (Central Goldfields Shire Council) Act 2017","slug":"local-government-central-goldfields-shire-council-act-2017","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176508,"registerId":"vic-local-government-central-goldfields-shire-council-act-2017-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Local Government (Central Goldfields Shire Council) Act 2017","content":"Version No. 001\n\n**Local Government (Central Goldfields Shire Council) Act 2017**\n\n**No. 36 of 2017**\n\nVersion as at  \n26 August 2017\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\n1 Purpose 1\n\n2 Commencement 1\n\n3 Construction of Act 1\n\n4 Definition 2\n\n5 Dismissal of Central Goldfields Shire Council 2\n\n6 Order in Council 2\n\n7 Provisions applying in respect of administrator or panel of administrators appointed under section 6 3\n\n8 Effect of Order in Council 4\n\n9 Construction of provisions in any Act or document 5\n\n10 General election 5\n\n═════════════\n\nEndnotes 6\n\n1 General information 6\n\n2 Table of Amendments 8\n\n3 Amendments Not in Operation 9\n\n4 Explanatory details 10\n\n**Version No.** **001**\n\n**Local Government (Central Goldfields Shire Council) Act 2017**\n\n**No. 36 of 2017**\n\nVersion as at  \n26 August 2017\n\n**The Parliament of Victoria enacts:**\n\n\t1 Purpose\n\nThe purpose of this Act is to—\n\n(a) dismiss the Central Goldfields Shire Council; and\n\n(b) provide for the appointment of an administrator or a panel of administrators for the Central Goldfields Shire Council; and\n\n(c) provide for the expiry of the Order in Council; and\n\n(d) provide for a general election for the Central Goldfields Shire Council.\n\n\t2 Commencement\n\nThis Act comes into operation on the day after the day on which it receives the Royal Assent.\n\n\t3 Construction of Act\n\nThis Act must be read and construed as if it was part of the **Local Government Act 1989**.\n\n\t4 Definition\n\nIn this Act—\n\n***Order in Council*** means the first Order in Council made under section 6 of this Act and any further Order in Council made under that section.\n\n\t5 Dismissal of Central Goldfields Shire Council\n\n(1) The Central Goldfields Shire Council is dismissed.\n\n(2) The persons holding office as Councillors of the Central Goldfields Shire Council cease to hold office.\n\n(3) Nothing in this Act affects the continuity of the Central Goldfields Shire Council as constituted under this Act by the administrator or panel of administrators appointed under the Order in Council.\n\n\t6 Order in Council\n\nThe Governor in Council may, on the recommendation of the Minister, by Order in Council published in the Government Gazette, do any or all of the following—\n\n(a) appoint an administrator or a panel of administrators for the Central Goldfields Shire Council;\n\n(b) if a panel of administrators is appointed, appoint one of the administrators to be the Chairperson of the panel of administrators;\n\n(c) appoint a person to fill a vacancy in the office of an administrator;\n\n(d) appoint a temporary administrator in the place of an administrator to act in the administrator's absence or incapacity to act.\n\n\t7 Provisions applying in respect of administrator or panel of administrators appointed under section 6\n\nThe following provisions apply in respect of the appointment of an administrator or a panel of administrators of the Central Goldfields Shire Council under section 6 of this Act—\n\n(a) the administrator or the panel of administrators constitutes the Central Goldfields Shire Council and, subject to any conditions of the administrator's appointment or administrators' appointments, must perform all the functions, powers and duties of the Central Goldfields Shire Council, which must be treated as if they were performed by the Central Goldfields Shire Council;\n\n(b) subject to any conditions of an administrator's appointment, an administrator must perform all the functions, powers and duties of a Councillor of the Central Goldfields Shire Council, which must be treated as if they were performed by a Councillor of the Central Goldfields Shire Council;\n\n(c) subject to any conditions of the administrator's appointment, the administrator or, if a panel of administrators is appointed, the Chairperson of the panel of administrators, must perform all the functions, powers and duties of the Mayor of the Central Goldfields Shire Council, which must be treated as if they were performed by the Mayor of the Central Goldfields Shire Council;\n\n(d) an administrator's appointment and anything done by an administrator is not invalid only by reason of a defect in relation to the appointment;\n\n(e) an administrator is entitled to be paid the remuneration and allowances and is employed on the conditions which are fixed by the Minister and the remuneration and allowances are to be paid by the Central Goldfields Shire Council;\n\n(f) an administrator—\n\n(i) must not, without the Minister's consent, directly or indirectly engage in any paid employment outside the duties of the office of administrator; and\n\n(ii) may resign by a written notice of resignation addressed to the Governor in Council;\n\n(g) the office of an administrator becomes vacant if the administrator—\n\n(i) becomes bankrupt; or\n\n(ii) dies; or\n\n(iii) is removed or resigns from office; or\n\n(iv) is convicted of an indictable offence or of an offence which, if committed in Victoria, would be an indictable offence; or\n\n(v) becomes incapable of performing the duties of the office.\n\n\t8 Effect of Order in Council\n\nThe first Order in Council made under section 6 of this Act takes effect on the date specified in the Order in Council.\n\n\t9 Construction of provisions in any Act or document\n\nIf provision is made in any Act, regulation, rule, by-law, local law, instrument or document for the Mayor or a Councillor of the Central Goldfields Shire Council or the Chairperson or a member of a committee of the Central Goldfields Shire Council to be a member of, or to be represented on, a board, Council, committee, commission or other body, or to be a trustee, or to be a member or director of a company, that provision has effect while the Order in Council is in force as if it provided for an administrator, or some other person appointed by the administrator or the panel of administrators, to be that member, representative, trustee or director.\n\n\t10 General election\n\n(1) Despite section 31(1) of the **Local Government Act 1989**, a general election of Councillors for the Central Goldfields Shire Council is to be held on the fourth Saturday in October 2020.\n\n(2) The Chief Executive Officer must summon a meeting of the Central Goldfields Shire Council within 14 days after the day the returning officer for the general election publicly declares the result of the general election.\n\n(3) The Order in Council expires when that meeting of the Central Goldfields Shire Council starts.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 23 August 2017*\n\n*Legislative Council: 23 August 2017*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to dismiss the Central Goldfields Shire Council and provide for a general election for that Council and for other purposes.\"\n\nThe **Local Government (Central Goldfields Shire Council) Act 2017** was assented to on 25 August 2017 and came into operation on 26 August 2017: section 2.\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the **Local Government (Central Goldfields Shire Council) Act 2017** by Acts and subordinate instruments.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This legislation remains tightly scoped to its original purpose. It was designed specifically to dismiss the Central Goldfields Shire Council, install temporary administrators, and schedule a fresh election. The Act contains no provisions that expand its application to other councils or create ongoing regulatory frameworks beyond this specific intervention."},"complexity_factors":["Only 10 operative sections, spanning 5 pages of substantive content","Single defined term ('Order in Council' in section 4)","No cross-references to other legislation except the Local Government Act 1989 (incorporation by reference in section 3) and one specific override of section 31(1) of that Act (section 10)","Linear structure with no nested exceptions or conditional logic beyond basic 'if' clauses","Straightforward administrative mechanism: dismissal → appointment → election → expiry"],"plain_english_summary":"**What this law does:**\n\nThis is a special law passed by the Victorian Parliament to sack the entire elected council of Central Goldfields Shire (a local government area in Victoria) and replace them with appointed administrators.\n\n**Who it affects:**\n- **The dismissed councillors** – they immediately lost their jobs when this Act became law\n- **Residents of Central Goldfields Shire** – they had no elected local representatives from August 2017 until October 2020\n- **The appointed administrator(s)** – one person or a panel who took over all council functions, including those of the Mayor and ordinary councillors\n\n**Key things the law does:**\n- **Fires the whole council** (Section 5) – every councillor ceased to hold office immediately\n- **Installs unelected administrators** (Section 6) – the Governor in Council (on the Minister's advice) could appoint one administrator or a panel to run the council\n- **Gives administrators full power** (Section 7) – the appointee(s) could do everything the elected council and Mayor could do, including sitting on external boards and committees\n- **Sets an election date** (Section 10) – guaranteed a new election would happen on **26 October 2020** (the fourth Saturday in October 2020), at which point the administrators' rule would end and normal democracy would resume\n\n**Why it matters:**\nThis is an extreme but lawful intervention in local democracy. Australian state governments occasionally use \"commissioner\" or \"administrator\" laws when a council is dysfunctional, financially mismanaged, or otherwise failing. This Act ensured Central Goldfields Shire still had a functioning local government (the administrators) while preventing the dismissed councillors from continuing in office. It also guaranteed residents would get to vote for a new council by a fixed date, rather than leaving the appointment open-ended."},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This version of the Act is narrowly tailored to dismiss the Central Goldfields Shire Council, appoint administrators until a fixed general election, and preserve legal continuity during that period (sections 1, 5–10). The Act's provisions align with that stated purpose and do not add broader or unrelated powers beyond appointment, administration, continuity protections and a fixed expiry mechanism."},"complexity_factors":["Short Act: 10 sections, single defined term ('Order in Council')","Direct cross-reference to the Local Government Act 1989 (s3) for construction and integration of powers","Moderate conditional logic around appointments (panel vs single administrator, chairperson, temporary appointments) in s6","Limited list of administrator vacancy grounds and conditions (s7(f)–(g))","Sunset/expiry tied to a fixed electoral date and first meeting (s10) — clear temporal condition","Few exceptions and a single protective clause preventing invalidation for appointment defects (s7(d))","Minimal external regulatory complexity — no schedules, no delegated rule-making or broad discretions beyond appointments and conditions set by the Minister"],"plain_english_summary":"**What this law does (mechanics)\n\n- Dismisses the elected Central Goldfields Shire Council and ends the offices of its councillors (section 5).\n- Allows the Governor in Council, on the Minister's recommendation, to appoint an administrator or a panel of administrators to act as the Council (section 6). The first Order in Council under the Act and any subsequent Orders in Council are treated as the \"Order in Council\" for the Act (section 4).\n- Gives the administrator(s) the full legal functions, powers and duties of the Council, of individual councillors, and of the Mayor (section 7(a)–(c)). Acts done by an administrator are to be treated as if done by the Council or by the relevant officeholder.\n- Protects actions taken by administrators from being invalidated because of defects in their appointment (section 7(d)).\n- Allows the Minister to fix administrators' pay and conditions; the Council must pay the remuneration and allowances (section 7(e)). An administrator may not take other paid employment without the Minister's consent (section 7(f)(i)). Grounds for vacancy of an administrator's office are listed (section 7(g)).\n- Specifies when the first Order in Council takes effect (section 8).\n- Provides that where any law, rule or instrument requires a Mayor or councillor (or committee chair/member) to represent the Council on an outside body, that role is to be filled by the administrator or a person the administrator appoints while the Order in Council is in force (section 9).\n- Fixes the date for the next general election for Central Goldfields Shire Council (the fourth Saturday in October 2020), requires the CEO to summon the new Council within 14 days of the returning officer declaring the result, and provides that the Order in Council ends when that first meeting starts (section 10).\n\n**Who is affected\n\n- Elected councillors: they lose office immediately (s5(2)).\n- Residents and ratepayers of Central Goldfields Shire: their elected representatives are replaced by administrators until the specified election and convening of the new Council (s5, s10).\n- Administrators: will exercise powers of the Council and Mayor and are subject to conditions set by the Minister, including remuneration and restrictions on outside employment (s6, s7).\n- The Council as an organisation and any external bodies that interact with it: the corporate continuity of the Council is preserved, but representation on external bodies may be exercised by administrators or their appointees (s3, s7(a), s9).\n- The Council's budget: required to pay administrators' remuneration and allowances fixed by the Minister (s7(e)).\n\n**Why it matters (stated purpose and tested consequences)\n\n- Stated purpose: the Act's declared purpose is to dismiss the Central Goldfields Shire Council, put administrators in place, provide for expiry of that arrangement, and set a date for a general election (section 1).\n\n- Practical effects and trade-offs:\n  - Decision power: authority to remove elected councillors and replace them with appointed administrators is vested in the executive (Governor in Council acting on Minister's recommendation) (s6). That shifts decision-making from locally elected officials to appointed administrators for the intervening period.\n  - Continuity of legal operations: the Act preserves the Council's legal continuity so contracts, trusts and statutory memberships continue, but the individuals exercising roles change to administrators or nominees (s3, s7(a), s9). This reduces legal disruption and protects third parties dealing with the Council.\n  - Fiscal effect: administrators' pay and allowances are set by the Minister and charged to the Council (s7(e)). That imposes a direct cost on the Council's budget during the administration period.\n  - Representation and accountability: residents temporarily lose direct electoral representation; administrators perform councillors' and mayoral duties subject to ministerial conditions (s7(b)–(c)). The Act imposes a time-limited replacement mechanism with a fixed return to electoral government (s10).\n  - Implementation and administrative risk: the Act allows the Governor in Council to fill vacancies, appoint temporary administrators and appoint a chair for a panel (s6(c)–(d)). It also protects actions taken from being invalid due to appointment defects (s7(d)), reducing legal exposure for decisions made during administration.\n  - Constraints on administrators: administrators face limits on outside paid employment without Ministerial consent and have specified grounds for vacancy including bankruptcy, conviction or incapacity (s7(f)–(g)). These conditions affect who can serve and how they behave while in office.\n  - Interaction with external bodies: any statutory or contractual requirement that a Mayor or councillor represent the Council is read to allow an administrator or the administrator's nominee to fill that role while the Order in Council is in force (s9). This preserves the Council's participation in boards and companies but substitutes appointed persons for elected representatives.\n\n**Who pays, who decides, and what changes in behaviour\n\n- Who pays: administrators' remuneration and allowances are paid from the Council's funds (s7(e)).\n- Who decides: the Minister recommends appointments and sets conditions including pay; the Governor in Council formally appoints administrators (s6, s7(e)).\n- Behaviour changes: councillors cease; administrators exercise the Council's powers and represent the Council on external bodies instead of elected members; administrators are restricted from outside paid employment without consent (s5, s7, s9).\n\n**Implementation risks, compliance burden and likely effects on private activity\n\n- Legal stability is promoted by treating administrators' acts as valid and preserving the Council's corporate identity, reducing risk to contractors and external bodies (s7(d), s3, s9).\n- Administrative cost is concentrated on the Council through payment obligations for administrators' remuneration (s7(e)). That may reduce funds available for municipal services in the short term.\n- The measure temporarily reduces electoral accountability; the Act contains a clear sunset mechanism tied to a fixed election date and the first meeting of the reconstituted Council (s10). The sunset reduces the risk of an open-ended administrative period.\n- Effects on private enterprise and markets are indirect: the Council continues to operate and to be represented on external boards, so ongoing contracts and regulatory interactions should continue without interruption, but decision-making may be more centralised while administrators are in office (s7, s9).\n\n**Key sections to check quickly\n\n- Dismissal and effect on councillors: section 5.\n- Appointment powers and scope: section 6.\n- What administrators can do and their conditions: section 7.\n- How external representation is handled: section 9.\n- Fixed election date and expiry of the Order in Council: section 10."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Insufficient text was provided to assess whether the Act's scope changed from its original intent. The Act appears to remain targeted specifically at the Central Goldfields Shire Council as originally named, with no evidence of scope expansion or contraction visible in the available text."},"complexity_factors":["Extremely limited legislative text was provided, preventing full analysis of specific provisions","Interacts with the broader Local Government Act framework in Victoria, requiring cross-referencing","Involves constitutional questions about dismissing democratically elected representatives","Likely contains transitional provisions governing handover between administrators and future elected councillors","Short, specific Acts of this type can still have significant legal consequences for affected parties despite appearing straightforward"],"plain_english_summary":"The Act authorises state intervention in the Central Goldfields Shire Council’s governance, typically allowing dismissal or suspension of councillors and appointment of administrators when serious dysfunction, mismanagement, or governance failures occur. It affects local residents and ratepayers (who temporarily lose elected representation), councillors, council staff, administrators and local businesses and community groups. It matters because it suspends normal local democratic processes to restore effective council administration."}},"importantCases":[],"_links":{"self":"/api/acts/local-government-central-goldfields-shire-council-act-2017","history":"/api/acts/local-government-central-goldfields-shire-council-act-2017/history","analysis":"/api/acts/local-government-central-goldfields-shire-council-act-2017/analysis","conflicts":"/api/acts/local-government-central-goldfields-shire-council-act-2017/conflicts","importantCases":"/api/acts/local-government-central-goldfields-shire-council-act-2017/important-cases","documents":"/api/acts/local-government-central-goldfields-shire-council-act-2017/documents"}}