Local Government Act 2020

Part 1—Preliminary

1 Purpose

The purpose of this Act is to give effect to section 74A(1) of the Constitution Act 1975 which provides that local government is a distinct and essential tier of government consisting of democratically elected Councils having the functions and powers that the Parliament considers are necessary to ensure the peace, order and good government of each municipal district.

2 Commencement

(1) The following provisions of this Act come into operation on a day to be proclaimed but if they do not come into operation before 1 July 2020, they come into operation on that day—

(a) this Part;

(b) Division 1 of Part 2 (except section 11);

(c) Division 2 of Part 2;

(d) Division 6 of Part 2 (except sections 40 to 43);

(e) Division 1 of Part 3 (except sections 55 and 57);

(f) Division 4 of Part 3;

(g) sections 89, 101 and 106;

(h) Divisions 6 and 9 of Part 7;

(i) Part 8;

(j) sections 325, 326 and 327;

(k) sections 328 and 329(1) to (6);

(l) Divisions 1 and 2 of Part 11:

(m) sections 358, 359, 363 and 364;

(n) Divisions 4, 5, 6 and 7 of Part 11;

(o) heading to Schedule 1 and Schedule 1 items 1.1, 3, 4, 5, 7, 8.1, 9, 10, 11, 12, 13.1, 13.2, 13.3, 14, 15, 16, 17, 19, 20.1, 21.1, 21.3, 21.4, 22, 23.3, 24, 26, 27, 28.1, 29, 30.1, 31, 32, 33, 34, 35, 36, 37, 38, 39.1(a), 39.2, 40.1, 40.2, 40.7(a), 41, 42, 43.1, 44.1, 45, 45A, 46, 47.1, 47.2, 48, 49, 50, 51, 52, 53, 54.1, 55, 56.1(a), 56.2, 59, 60, 61, 62, 63, 63A, 64, 65, 67, 68, 69.1, 69.5, 70A, 71, 72, 74, 75.1, 75.5, 76, 77.2, 77.3, 77.4, 77.7, 77.8, 77.9, 78, 79, 80, 81.1, 82.1, 82.2, 83, 84, 85, 86, 87, 88, 89, 90.2, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 102, 104, 105, 106, 107, 108, 110, 111, 112, 113.2, 113.3, 113.4, 113.5, 114, 115.

(2) The following provisions of this Act come into operation on a day to be proclaimed but if they do not come into operation before 1 July 2020, they come into operation on that day—

(a) section 11;

(b) sections 40 to 43;

(c) section 47;

(ca) section 52;

(d) Division 8 of Part 2;

(e) sections 55 and 57;

(f) Division 2 of Part 3;

(g) Part 9 (except sections 325 to 327);

(h) section 360;

(i) Schedule 1 items 8.7, 13.4, 18.1, 40.3, 40.5, 44.3, 47.3, 47.4, 70.1, 82.6.

(3) The following provisions of this Act come into operation on a day to be proclaimed but if they do not come into operation before 24 October 2020, they come into operation on that day—

(a) Divisions 3, 4 and 5 of Part 2;

(b) Divisions 1 (except section 89), 2 and 3 of Part 4;

(c) Part 6;

(d) Divisions 1, 2, 3, 4, 5, 7 and 8 of Part 7;

(e) sections 329(7) to (9) and 361;

(f) Schedule 1 items 2, 20.2, 21.2, 23.1, 23.2, 25, 40.7(b), 43.2, 44.2, 56.1(b), 56.1(c), 56.3, 56.4, 56.5, 75.2, 75.3, 75.4, 75.6, 77.1, 77.5, 77.6, 81.2, 82.3, 82.4, 82.5, 109, 113.1.

(4) The remaining provisions of this Act come into operation on 1 July 2021.

3 Definitions

(1) In this Act—

S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 42/2021 s. 100.

approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

assessable disclosure has the same meaning as it has in section 3 of the Public Interest Disclosures Act 2012;

Audit and Risk Committee means the Audit and Risk Committee established by a Council under section 53;

auditor means the Auditor-General;

S. 3(1) def. of authorised legal representative inserted by No. 11/2021 s. 150.

authorised legal representative of a person means an Australian legal practitioner who has been instructed by a person to receive documents on the person's behalf;

bullying by a Councillor means the Councillor repeatedly behaves unreasonably towards another Councillor or a member of Council staff and that behaviour creates a risk to the health and safety of that other Councillor or member of Council staff;

candidate means a person who has nominated as a candidate for an election under section 256;

Chief Executive Officer means the person appointed by a Council under section 44 to be its Chief Executive Officer or any person acting in that position;

Chief Executive Officer Employment and Remuneration Policy means a Chief Executive Officer Employment and Remuneration Policy developed by a Council under section 45;

Chief Municipal Inspector means the person appointed under section 182;

S. 3(1) def. of close of the roll substituted by No. 23/2024 s. 4(2).

close of the roll means 4 p.m. on the day that is—

(a) 73 days before an election day occurring after 26 October 2024; or

(b) if the day determined under paragraph (a) is a public holiday, the last working day before that day;

See also subsection (6) in relation to an election on 26 October 2024.

Community Asset Committee means a Community Asset Committee established by a Council under
section 65;

community engagement policy means a community engagement policy adopted and maintained by a Council under section 55;

community engagement principles means the principles specified in section 56;

Community Vision means a Community Vision maintained by a Council under section 88;

confidential information means the following information—

(a) Council business information, being information that would prejudice the Council's position in commercial negotiations if prematurely released;

(b) security information, being information that if released is likely to endanger the security of Council property or the safety of any person;

(c) land use planning information, being information that if prematurely released is likely to encourage speculation in land values;

(d) law enforcement information, being information which if released would be reasonably likely to prejudice the investigation into an alleged breach of the law or the fair trial or hearing of any person;

(e) legal privileged information, being information to which legal professional privilege or client legal privilege applies;

(f) personal information, being information which if released would result in the unreasonable disclosure of information about any person or their personal affairs;

(g) private commercial information, being information provided by a business, commercial or financial undertaking that—

(i) relates to trade secrets; or

(ii) if released, would unreasonably expose the business, commercial or financial undertaking to disadvantage;

(h) confidential meeting information, being the records of meetings closed to the public under section 66(2)(a);

(i) internal arbitration information, being information specified in section 145;

(j) Councillor Conduct Panel confidential information, being information specified in section 169;

(k) information prescribed by the regulations to be confidential information for the purposes of this definition;

(l) information that was confidential information for the purposes of section 77 of the Local Government Act 1989;

confidentiality notice means a notice issued by the Chief Municipal Inspector under section 193(1);

corporation includes—

(a) any body corporate, whether formed or incorporated within or outside the State of Victoria; and

(b) any incorporated association within the meaning of the Associations Incorporation Reform Act 2012—

but does not include a Council or any other body incorporated or constituted by or under this Act or any public statutory corporation constituted by or under any law of the State of Victoria, any other State, or a Territory of the Commonwealth, or the Commonwealth;

Council means a municipal Council (including the Melbourne City Council and the Greater Geelong City Council) whether constituted before or after the commencement of this section;

Council meeting means a Council meeting that complies with section 61(1);

Council Plan means a Council Plan prepared and adopted by a Council under section 90;

Councillor means a person who holds the office of member of a Council;

S. 3(1) def. of Councillor Code of Conduct repealed by No. 23/2024 s. 35(2)(c).

Councillor Conduct Officer means the person appointed in writing by the Chief Executive Officer to be the Councillor Conduct Officer for the Council under section 150;

Councillor Conduct Panel means a panel formed by the Principal Councillor Conduct Registrar under section 156;

S. 3(1) def. of Councillor induction training inserted by No. 23/2024 s. 35(1).

Councillor induction training means the training specified in section 32;

delegated committee means—

(a) a delegated committee established by a Council under section 63; or

(b) a joint delegated committee established by 2 or more Councils under section 64; or

(c) a committee, other than a Community Asset Committee, exercising any power of a Council under this Act or any other Act delegated to the committee under this Act or any other Act;

deliberative engagement practices means the deliberative engagement practices included in a community engagement policy;

S. 3(1) def. of Department amended by Nos 30/2022 s. 28, 23/2024 s. 4(1).

Department means the Department of Government Services;

S. 3(1) def. of destroy inserted by No. 11/2021 s. 150.

destroy, in relation to a document provided by the Chief Municipal Inspector to a person by secure electronic means, means—

(a) to permanently delete the electronic communication from all information systems on which the person who was provided with the document from the Chief Municipal Inspector held or stored that document; and

(b) to destroy any hard copy of the document;

disposition of property means any conveyance, transfer, assignment, settlement, delivery, payment, gift or other alienation of property, including the following—

(a) the allotment of shares in a company;

(b) the creation of a trust in property;

(c) the grant or creation of any lease, mortgage, charge, servitude, licence, power, partnership or interest in property;

(d) the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of any debt, contract or chose in action, or of any interest in property;

(e) the exercise by a person of a general power of appointment of property in favour of any other person;

(f) any transaction entered into by any person with intent thereby to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of any other person;

domestic partner of a person means—

(a) a person who is in a registered relationship with the person; or

A registered relationship is defined in subsection (2).

(b) a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

donation period means the period—

(a) commencing on whichever is the later of—

(i) 30 days after the last general election for the Council; or

(ii) 30 days after the last election for the Council at which the person required to give the election campaign donation return was a candidate; and

(b) ending 30 days after election day in the current election for the Council;

election day means the day of an election determined under section 257 or 260;

election manager means—

(a) the VEC; or

(b) a person appointed in writing by the VEC;

election period means the period that—

(a) starts at the time that nominations close on nomination day; and

(b) ends at 6 p.m. on election day;

electoral material means an advertisement, handbill, pamphlet or notice that contains electoral matter, but does not include an advertisement in a newspaper that is only announcing the holding of a meeting;

See subsections (3) and (4) as to the meaning of electoral matter.

electoral representation advisory panel means a panel established under section 16(1);

ESC has the same meaning as Commission has in the Essential Services Commission Act 2001;

film friendly principles has the same meaning as it has in the Filming Approval Act 2014;

film permit has the same meaning as it has in the Filming Approval Act 2014;

financial management principles means the principles specified in section 101;

gift means any disposition of property otherwise than by will made by a person to another person without consideration in money or money's worth or with inadequate consideration, including—

(a) the provision of a service (other than volunteer labour); and

(b) the payment of an amount in respect of a guarantee; and

(c) the making of a payment or contribution at a fundraising
function;

gift disclosure threshold means—

(a) in the case of a Council, other than the Melbourne City Council, $500 or a higher amount or value prescribed by the regulations;

(b) in the case of the Melbourne City Council, $500 or a higher amount or value prescribed by regulations made under the City of Melbourne Act 2001;

good governance has the meaning given by section 8(2);

Governance Rules means Governance Rules developed by a Council under section 60;

S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 42/2021 s. 100.

Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 42/2021 s. 100.

Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road region inserted by No. 42/2021 s. 100.

Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 42/2021 s. 100.

Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

gross misconduct by a Councillor means behaviour that demonstrates that a Councillor—

(a) is not of good character; or

(b) is otherwise not a fit and proper person to hold the office of Councillor, including behaviour that is sexual harassment and that is of an egregious nature;

how-to-vote card means any card, handbill, pamphlet or notice—

(a) which is or includes a representation or partial representation or purported representation or purported partial representation of a ballot-paper for use in an election; or

(b) which lists the names of any or all of the candidates for an election with a number indicating an order of voting preference against the names of any or all of those candidates;

IBAC means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011;

S. 3(1) def. of IBAC Officer inserted by No. 31/2024 s. 67.

IBAC Officer has the meaning given by section 3(1) of the Independent Broad‑based Anti‑corruption Commission Act 2011;

Information Commissioner means the Information Commissioner appointed under the Freedom of Information Act 1982 in the Information Commissioner's capacity under the Privacy and Data Protection Act 2014;

S. 3(1) def. of information system inserted by No. 11/2021 s. 150.

information system has the same meaning as in the Electronic Transactions (Victoria) Act 2000;

S. 3(1) def. of Integrity Oversight Victoria inserted by No. 31/2024 s. 113(Sch. 1 item 22.1(a)).

Integrity Oversight Victoria has the same meaning as in the Integrity Oversight Victoria Act 2011;

S. 3(1) def. of Integrity Oversight Victoria Officer inserted by No. 31/2024 s. 113(Sch. 1 item 22.1(a)).

Integrity Oversight Victoria Officer has the same meaning as in the Integrity Oversight Victoria Act 2011;

internal arbitration process means the internal arbitration process of a Council under section 141;

S. 3(1) def. of law enforcement agency amended by No. 31/2024 s. 113(Sch. 1 item 22.1(b)).

law enforcement agency means—

(a) Victoria Police; or

(b) the police force or police service of another State or a Territory; or

(c) the Australian Federal Police; or

(d) the Australian Crime Commission established under section 7 of the Australian Crime Commission Act 2002 of the Commonwealth; or

(e) a commission established by a law of Victoria or the Commonwealth or of any other State or a Territory with the function of investigating matters relating to criminal activity generally or of a specified class or classes; or

(f) the Chief Examiner and Examiners appointed under Part 3 of the Major Crime (Investigative Powers) Act 2004; or

(g) the IBAC; or

(h) the sheriff within the meaning of the Sheriff Act 2009; or

(i) Integrity Oversight Victoria established under section 8 of the Integrity Oversight Victoria Act 2011; or

(j) an agency responsible for the performance of functions or activities directed to—

(i) the prevention, detection, investigation, prosecution or punishment of criminal offences or breaches of a law imposing a penalty or sanction for a breach; or

(ii) the management of property seized or restrained under laws relating to the confiscation of the proceeds of crime or the enforcement of such laws, or of orders made under such laws; or

(k) an agency responsible for the execution or implementation of an order or decision made by a court or tribunal; or

(l) an agency responsible for the protection of the public revenue under a law administered by it;

S. 3(1) def. of Mayoral training inserted by No. 23/2024 s. 35(1).

Mayoral training means the training specified in section 27A;

member of Council staff means a natural person appointed by the Chief Executive Officer (other than an independent contractor under a contract for services or a volunteer) under section 48 to enable—

(a) the functions of the Council under this Act or any other Act to be carried out; and

(b) the Chief Executive Officer to carry out their functions;

The Chief Executive Officer is also a member of Council staff—see section 44(5).

S. 3(1) def. of misconduct amended by Nos 30/2022 s. 21(a), 23/2024 s. 35(2)(b).

misconduct by a Councillor means any breach by a Councillor of the Model Councillor Code of Conduct;

S. 3(1) def. of Model Councillor Code of Conduct inserted by No. 23/2024 s. 35(2)(a).

Model Councillor Code of Conduct means the Code of Conduct prescribed in accordance with section 139;

municipal community includes—

(a) people who live in the municipal district of the Council; and

(b) people and bodies who are ratepayers of the Council; and

(c) traditional owners of land in the municipal district of the Council; and

(d) people and bodies who conduct activities in the municipal district of the Council;

municipal district means the district under the local government of a Council;

Municipal Monitor means a person appointed to be a Municipal Monitor to a Council under section 179;

nomination day means the last day on which nominations to be a candidate at a Council election may be received in accordance with this Act and the regulations;

overarching governance principles means the principles specified in section 9(2);

owner, in relation to any land, means the person who is entitled to receive the rack-rent for the land or who, if the land were let at a rack-rent, would be entitled to receive the rent;

panel list, in relation to arbiters, means the panel list established by the Secretary under section 142;

panel list, in relation to Councillor Conduct Panels, means the panel list established by the Minister under section 153 for the purposes of forming Councillor Conduct Panels;

S. 3(1) def. of Parliamentary Workplace Standards and Integrity Commission inserted by No. 27/2024 s. 124.

Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;

person, in relation to Divisions 1 to 9 of Part 8, means a natural person who has attained the age of 18 years;

police officer has the same meaning as it has in the Victoria Police Act 2013;

Principal Accounting Officer means the person designated by the Chief Executive Officer of a Council as the officer responsible for managing the Council's finances;

Principal Councillor Conduct Registrar means the person appointed by the Secretary to be the Principal Councillor Conduct Registrar under section 148;

principal place of residence has the same meaning as it has in section 3 of the Electoral Act 2002;

S. 3(1) def. of professional development training inserted by No. 23/2024 s. 35(1).

professional development training means the training specified in section 33A;

public body means any government department or municipal Council or body established for a public purpose by an Act of the Parliament of Victoria, any other State, or a Territory of the Commonwealth, or the Commonwealth;

public interest complaint has the same meaning as it has in section 3 of the Public Interest Disclosures Act 2012;

public transparency policy means a public transparency policy adopted under section 57;

public transparency principles means the principles specified in section 58;

publish means publish by any means including by publication on the Internet;

rateable property, in relation to Division 1 of Part 8, means an occupancy which—

(a) is required to be separately valued under section 13DC of the Valuation of Land Act 1960; and

(b) is rateable land but does not include an occupancy that is used, or is intended to be used, for the sole purpose of—

(i) parking a single motor vehicle within the meaning of section 3(1) of the Road Safety Act 1986; or

(ii) mooring a single vessel within the meaning of section 3(1) of the Marine Safety Act 2010; or

(iii) storage, being a single lockable unit with a floor area not exceeding 25 square metres;

restricted matter means any of the following—

(a) any evidence or information given to, or obtained by, the Chief Municipal Inspector;

(b) the contents of any document produced to, or obtained by, the Chief Municipal Inspector;

(c) the existence of, or any information about, a confidentiality notice or a requirement under section 183(3) to appear before the Chief Municipal Inspector for examination;

(d) the subject matter of an investigation by the Chief Municipal Inspector;

(e) any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document to the Chief Municipal Inspector, to be identified or located;

(f) the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document to, the Chief Municipal Inspector;

(g) the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012;

(h) the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;

(i) the fact that the Chief Municipal Inspector intends to conduct an investigation on a public interest disclosure;

restructuring advisory panel means a panel established by the Minister under section 239(1);

Secretary means Secretary to the Department;

serious misconduct by a Councillor means any of the following—

(a) the failure by a Councillor to comply with the Council's internal arbitration process;

(b) the failure by a Councillor to comply with a direction given to the Councillor by an arbiter under section 147;

(c) the failure of a Councillor to attend a Councillor Conduct Panel hearing in respect of that Councillor;

(d) the failure of a Councillor to comply with a direction of a Councillor Conduct Panel;

(e) continued or repeated misconduct by a Councillor after a finding of misconduct has already been made in respect of the Councillor by an arbiter or by a Councillor Conduct Panel under section 167(1)(b);

(f) bullying by a Councillor of another Councillor or a member of Council staff;

(g) conduct by a Councillor that is conduct of the type that is sexual harassment of a Councillor or a member of Council staff;

(h) the disclosure by a Councillor of information the Councillor knows, or should reasonably know, is confidential information;

(i) conduct by a Councillor that contravenes the requirement that a Councillor must not direct, or seek to direct, a member of Council staff;

(j) the failure by a Councillor to disclose a conflict of interest and to exclude themselves from the decision making process when required to do so in accordance with this Act;

service performance principles means the principles specified in section 106(2);

sexual harassment has the meaning given by section 92 of the Equal Opportunity Act 2010;

spouse of a person means a person to whom the person is married;

S. 3(1) def. of standards of conduct amended by No. 30/2022 s. 21(b), repealed by No. 23/2024 s. 35(2)(c).

strategic planning principles means the principles specified in section 89(2);

supporting principles means the principles specified in section 9(3)

traditional owners means—

(a) the members of a registered Aboriginal party under the Aboriginal Heritage Act 2006; and

(b) the members of a traditional owner group within the meaning of section 3 of the Traditional Owner Settlement Act 2010;

unenrolled voter means a person who is entitled to be enrolled on a voters' roll but is not so enrolled;

VEC means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002;

S. 3(1) def. of Victorian Inspectorate Officer inserted by No. 31/2024 s. 67, repealed by No. 31/2024 s. 113(Sch. 1 item 22.1(c)).

voter means a person who is enrolled on a voters' roll;

voting centre means a place appointed by the election manager for voting at an election as—

(a) an early voting centre; or

(b) a mobile voting centre; or

(c) an election day voting centre;

ward means—

(a) a subdivision of a municipal district; or

(b) if the municipal district is not subdivided, the municipal district;

workforce plan means a workforce plan developed and maintained by the Chief Executive Officer of a Council under section 46(4)(a);

Yarra protection principles has the same meaning as it has in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra River land has the same meaning as it has in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra Strategic Plan has the same meaning as it has in the Yarra River Protection (Wilip‑gin Birrarung murron) Act 2017;

Yarra Strategic Plan area has the same meaning as it has in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017.

(2) For the purposes of the definition of domestic partner in subsection (1)—

(a) registered relationship has the same meaning as it has in the Relationships Act 2008; and

(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all of the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

(3) In this Act, unless otherwise expressly provided, a reference to an election means a reference to the following—

(a) a general election conducted under section 257;

(b) a by-election conducted under section 260;

(c) a countback conducted under section 261.

(4) In this Act, electoral matter means matter which is intended or likely to affect voting in an election, but does not include any electoral material produced by or on behalf of the election manager for the purposes of conducting an election.

(5) Without limiting the generality of the definition of electoral matter, matter is to be taken to be intended or likely to affect voting in an election if it contains an express or implicit reference to, or comment on—

(a) the election; or

(b) a candidate in the election; or

(c) an issue submitted to, or otherwise before, the voters in connection with the election.

S. 3(6) inserted by No. 23/2024 s. 4(3).

(6) For the purposes of an election held on the election day that is 26 October 2024, close of the roll means 4 p.m. on the day that is—

(a) 80 days before 26 October 2024; or

(b) if the day determined under paragraph (a) is a public holiday, the last working day before that day.

4 Objectives of Act

The objectives of this Act are to ensure that—

(a) local government continues to be constituted as a democratically elected
tier of Government in Victoria; and

(b) Councils are constituted as representative bodies that are accountable, transparent, collaborative, efficient and engaged with their communities; and

(c) Councils have the functions and powers necessary to enable Councils to perform their role.

5 Act is interface legislation and filming approval legislation

(1) This Act is interface legislation within the meaning of the Transport Integration Act 2010.

(2) This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

6 Obligations of Council in relation to Yarra River land

(1) A Council that is a responsible public entity within the meaning of the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017—

(a) must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the Council when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and

(b) must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the Council, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.

S. 6(2) substituted by No. 43/2021 s. 219(Sch. 1 item 7.1).

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to—

(a) a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b) a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

7 Obligations of Council in relation to declared areas

(1) When performing a function or duty or exercising a power under this Act in relation to a declared area, a Council that is a responsible public entity for the purposes of Part 3AAB of the Planning and Environment Act 1987—

(a) must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the Council; and

(b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the Council; and

(c) must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.

S. 7(2) substituted by No. 43/2021 s. 219(Sch. 1 item 7.2).

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to—

(a) a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b) a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

S. 7A inserted by No. 42/2021 s. 101.

7A Obligations of Council in relation to Great Ocean Road region

(1) A Council that is a responsible entity within the meaning of the Great Ocean Road and Environs Protection Act 2020, when performing a function or duty or exercising a power under this Act—

(a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the Council in relation to the Great Ocean Road scenic landscapes area; and

(b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and

(c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the Council in relation to the Great Ocean Road region.

(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by a Council in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.

Part 2—Councils

Division 1—Role and powers of a Council

8 Role of a Council

(1) The role of a Council is to provide good governance in its municipal district for the benefit and wellbeing of the municipal community.

(2) A Council provides good governance if—

(a) it performs its role in accordance with section 9;

(b) the Councillors of the Council perform their roles in accordance with section 28.

(3) In performing its role, a Council may—

(a) perform any duties or functions or exercise any powers conferred on a Council by or under this Act or any other Act; and

(b) perform any other functions that the Council determines are necessary to enable the Council to perform its role.

(4) If it is necessary to do so for the purpose of performing its role, a Council may perform a function outside its municipal district.

9 Overarching governance principles and supporting principles

(1) A Council must in the performance of its role give effect to the overarching governance principles.

(2) The following are the overarching governance principles—

(a) Council decisions are to be made and actions taken in accordance with the relevant law;

(b) priority is to be given to achieving the best outcomes for the municipal community, including future generations;

(c) the economic, social and environmental sustainability of the municipal district, including mitigation and planning for climate change risks, is to be promoted;

(d) the municipal community is to be engaged in strategic planning and strategic decision making;

(e) innovation and continuous improvement is to be pursued;

(f) collaboration with other Councils and Governments and statutory bodies is to be sought;

(g) the ongoing financial viability of the Council is to be ensured;

(h) regional, state and national plans and policies are to be taken into account in strategic planning and decision making;

(i) the transparency of Council decisions, actions and information is to be ensured.

(3) In giving effect to the overarching governance principles, a Council must take into account the following supporting principles—

(a) the community engagement principles;

(b) the public transparency principles;

(c) the strategic planning principles;

(d) the financial management principles;

(e) the service performance principles.

10 General power

(1) Subject to any limitations or restrictions imposed by or under this Act or any other Act, a Council has the power to do all things necessary or convenient to be done in connection with the performance of its role.

(2) The generality of this section is not limited by the conferring of specific powers by or under this Act or any other Act.

11 Power of delegation

(1) A Council may by instrument of delegation delegate to—

(a) the members of a delegated committee; or

(b) the Chief Executive Officer—

any power, duty or function of a Council under this Act or any other Act other than a power, duty or function specified in subsection (2).

(2) The following are specified for the purposes of subsection (1)—

(a) the power of delegation;

(b) the power to elect a Mayor or Deputy Mayor;

(c) the power to grant a reasonable request for leave under section 35;

(d) subject to subsection (3), the power to appoint the Chief Executive Officer, whether on a permanent or acting basis;

(e) the power to make any decision in relation to the employment, dismissal or removal of the Chief Executive Officer;

(f) the power to approve or amend the Council Plan;

(g) the power to adopt or amend any policy that the Council is required to adopt under this Act;

(h) the power to adopt or amend the Governance Rules;

(i) the power to appoint the chair or the members to a delegated committee;

(j) the power to make, amend or revoke a local law;

(k) the power to approve the budget or revised budget;

(l) the power to borrow money;

(m) subject to section 181H(1)(b) of the Local Government Act 1989, the power to declare general rates, municipal charges, service rates and charges and special rates and charges;

(n) any power, duty or function prescribed by the regulations for the purposes of this subsection.

(3) A Council may delegate to the Chief Executive Officer the power to appoint an Acting Chief Executive Officer for a period not exceeding 28 days.

(4) A delegation may be made subject to any conditions or limitations specified in the instrument of delegation.

(5) A delegation that includes the power to enter into a contract or make any expenditure must specify a maximum monetary limit that cannot be exceeded.

(6) A member of a delegated committee to whom a delegation is given under subsection (1)(a) can only exercise the delegation while acting as a member of the delegated committee at a meeting of the delegated committee.

(7) A Council must review, within the period of 12 months after a general election, all delegations which have been made under this section and are still in force.

(8) A Council must keep a public register of delegations made under this section.

(9) Unless sooner revoked, a delegation made by a Council under the Local Government Act 1989 continues in force until 1 September 2020.

See section 47 for the power of delegation of a Chief Executive Officer.

Division 2—Constitution of a Council

12 How is a Council constituted?

A Council consists of its Councillors who are democratically elected in accordance with this Act.

13 Constitution of a Council

(1) A Council must consist of not fewer than 5 Councillors and not more than 12 Councillors.

(2) The Mayor and Deputy Mayor are Councillors of the Council.

(3) The number of Councillors of a Council for the purposes of subsection (1) is to be determined in accordance with the criteria prescribed by the regulations.

(4) A Council may be constituted so that it consists of—

(a) subject to subsection (5), all Councillors elected to represent the municipal district as a whole; or

(b) all Councillors elected to represent single member wards into which the municipal district is divided; or

(c) subject to subsection (5A), an equal number of Councillors elected to represent each ward into which the municipal district is divided.

(5) A Council must not be constituted in accordance with subsection (4)(a) unless, by notice published in the Government Gazette, the Minister specifies that the Council, or a Council that is a specific type of Council, may be an un-subdivided municipal district.

(5A) A Council must not be constituted in accordance with subsection (4)(c) unless, by notice published in the Government Gazette, the Minister specifies that the Council, or a Council that is a specific type of Council, may be constituted in accordance with subsection (4)(c).

(6) For the avoidance of doubt, a Council constituted before the commencement of this Act is not required to be constituted in accordance with this section unless the electoral structure of the Council is altered in accordance with section 15.

14 Council is a body corporate

(1) A Council—

(a) is a body corporate with perpetual succession; and

(b) must have a common seal; and

(c) may sue or be sued in its corporate name; and

(d) is capable of acquiring, holding, dealing with or disposing of property for the purpose of performing its functions and exercising its powers; and

(e) is capable of doing and suffering all acts and things which bodies corporate may by law do and suffer and which are necessary or expedient for performing its functions and exercising its powers.

(2) The common seal of a Council must—

(a) bear the name of the Council and any other word, letter, sign or device the Council determines should be included; and

(b) be kept at the Council office; and

(c) be used in accordance with any applicable local law.

(3) All courts, judges and persons acting judicially must take judicial notice of the imprint of the seal of a Council on any document and must presume that the document was properly sealed until the contrary is proved.

15 Electoral structure of a Council

(1) The Governor in Council may, on the recommendation of the Minister, make an Order in Council to do any one or more of the following in relation to the electoral structure of a Council—

(a) specify or alter the total number of Councillors to be elected for the Council;

(b) specify—

(i) that the municipal district of the Council is to be subdivided into a specified number of wards;

(ii) that each of those wards is to consist of a single Councillor;

(iii) the boundaries of wards of the municipal district of the Council;

(iv) the name of, or alter the name of, a ward of the municipal district of the Council;

(c) if a notice has been published in accordance with section 13(5) in respect of a specific Council or a specific type of Council, specify that the electoral structure of the municipal district of a Council to which the notice applies is to be an un-subdivided municipal district; or

(d) if a notice has been published in accordance with section 13(5A), specifying—

(i) the specific Council or the specific type of Council to be constituted in accordance with section 13(4)(c); and

(ii) the number of wards; and

(iii) the number of Councillors that are to represent each ward.

(2) Before recommending the making of an Order in Council under this section that provides for the subdivision of a municipal district into wards or the specification of the boundaries of wards of a municipal district, the Minister must seek to ensure that—

(a) each ward has approximately an equal number of voters per Councillor; and

S. 15(2)(b) amended by No. 30/2022 s. 29.

(b) the number of voters per Councillor in a ward does not vary from the average number of voters per Councillor for all of the wards by more than 10 per cent.

(3) An Order in Council made under this section—

(a) must specify a day or days upon which the Order in Council comes into operation; and

(b) may provide that the electoral structure of the Council has effect for the purposes of, and from, the next general election of the Council; and

(c) may provide that the electoral structure of the Council specified in the Order in Council is described in a map lodged in the Central Plan Office or with the VEC as specified in the Order in Council; and

(d) upon being published in the Government Gazette has the like force and effect as if it were expressly enacted in this Act; and

(e) may be amended or revoked by another Order in Council; and

(f) has full force and effect despite any non‑compliance with any of the matters required by this Act as preliminary to the making of the Order in Council.

16 Electoral structure review

(1) Subject to subsection (2), the Minister may, before recommending the making of an Order in Council under section 15, establish an electoral representation advisory panel to conduct a review and advise the Minister in relation to the electoral structure of a Council.

(2) Subject to subsections (13) and (14), the Minister must, before recommending the making of an Order in Council under section 15 in relation to a matter specified in section 15(1)(b), (c) or (d) establish an electoral representation advisory panel to conduct a review and advise the Minister in relation to the electoral structure of a Council.

(3) If the Minister has established an electoral representation advisory panel, the Minister must consider the advice of the electoral representation advisory panel before recommending the making of an Order in Council under section 15.

S. 16(3A) inserted by No. 23/2024 s. 5.

(3A) Subject to this section, the Minister may by instrument appoint any person, on the terms and conditions specified in the instrument, to be a member of an electoral representation advisory panel.

(4) An electoral representation advisory panel must include the Electoral Commissioner appointed under section 12 of the Electoral Act 2002 or a person nominated to the Minister by the Electoral Commissioner to represent the Electoral Commissioner on the electoral representation advisory panel.

(5) The VEC must provide administrative and technical support to an electoral representation advisory panel.

(6) An electoral representation advisory panel must not include any of the following persons—

(a) a person who is a Councillor of the Council in respect of which the electoral representation advisory panel is to be established;

(b) a person who is qualified to be a candidate for election as a Councillor of the Council in respect of which the electoral representation advisory panel is to be established;

(c) a person who is not qualified to be a Councillor;

(d) a person who is a member of staff of the Council in respect of which the electoral representation advisory panel is to be established;

(e) a person who is a member of a registered political party;

(f) a person who has been a member of a registered political party at any time during the period of 5 years immediately before the electoral representation advisory panel is to be established.

(7) The Minister may request the electoral representation advisory panel to provide advice to the Minister with respect to any or all of the following—

(a) the total number of Councillors to be elected for the Council;

(b) what the boundaries of any ward or wards of the municipal district of the Council should be;

(c) subject to the Minister first publishing a notice under section 13(5) in relation to a Council, or a specific type of Council, whether the municipal district of the Council should be un-subdivided;

(ca) subject to the Minister first publishing a notice under section 13(5A) in relation to a Council, or a specific type of Council, whether the municipal district of the Council should be constituted in accordance with section 13(4)(c);

(d) any other matter relating to the electoral structure of the Council that the Minister requires advice on.

(8) An electoral structure recommended by an electoral representation advisory panel must—

(a) provide fair and equitable representation; and

(b) facilitate good governance; and

(c) comply with section 15(2); and

(d) comply with any criteria prescribed by the regulations for the purposes of this section.

(9) An electoral representation advisory panel—

(a) may conduct the review in any manner that the electoral representation advisory panel considers appropriate; and

(b) must have regard to any matter prescribed by the regulations.

(10) An electoral representation advisory panel must ensure that a process for community engagement is followed in conducting the review.

(11) The Minister or a person engaged by the Minister to support a review by an electoral representation advisory panel may send to the Council in respect of which the review is being conducted an account of the reasonable expenses incurred as a consequence of the review.

(12) The Council must pay the account received under subsection (11).

(13) Section 16(2) does not apply if a ward boundary review is being conducted under section 17.

(14) Section 16(2) does not apply in respect of the making of any Order in Council under section 15 before the first general election to be conducted under section 257(1)(a).

17 Ward boundary review

S. 17(1) amended by No. 30/2022 s. 30.

(1) This section applies if the Minister receives advice from the VEC that the number of voters per Councillor in one or more wards of the municipal district of the Council will vary from the average number of voters per Councillor for all of the wards by more than 10 per cent by the time that the next general election is to be held.

(2) If this section applies, the Minister may request the VEC to—

(a) conduct a review of the boundaries of the wards of the municipal district of the Council specified in the request; and

(b) provide a report to the Minister containing recommendations in respect of any changes required to the boundaries of the wards of the municipal district of the Council specified in the request.

(3) Subject to this section, the VEC may conduct the review in any manner that the VEC considers appropriate.

(4) In conducting the review, the VEC must ensure that a process of community engagement is followed.

(5) The VEC may send to the Council in respect of which the review is being conducted an account of the reasonable expenses incurred as a consequence of the review.

(6) The Council must pay the account received under subsection (5).

(7) The Minister may recommend to the Governor in Council that an Order in Council be made under section 15 to implement the recommendations made in the report under subsection (2).

(8) Despite the repeal of section 5B(2) of the Local Government Act 1989, that section continues to apply in respect of the making of any Order in Council to which subsection (7) applies before the first general election to be conducted under section 257(1)(a).

Division 3—The Mayor and the Deputy Mayor

18 Role of the Mayor

(1) The role of the Mayor is to—

(a) chair Council meetings; and

(b) be the principal spokesperson for the Council; and

(c) lead engagement with the municipal community on the development of the Council Plan; and

(d) report to the municipal community, at least once each year, on the implementation of the Council Plan; and

S. 18(1)(e) substituted by No. 23/2024 s. 36(1).

(e) promote behaviour among Councillors that is consistent with the Model Councillor Code of Conduct; and

(f) assist Councillors to understand their role; and

(g) take a leadership role in ensuring the regular review of the performance of the Chief Executive Officer; and

(h) provide advice to the Chief Executive Officer when the Chief Executive Officer is setting the agenda for Council meetings; and

(i) perform civic and ceremonial duties on behalf of the Council.

(2) The Mayor is not eligible to be elected to the office of Deputy Mayor.

S. 18(3) inserted by No. 23/2024 s. 36(2).

(3) To avoid doubt, reasonable steps taken by a Mayor carried out in a reasonable manner to perform their role in accordance with subsection (1)(e) or (f) is not bullying.

19 Specific powers of the Mayor

(1) The Mayor has the following specific powers—

(a) to appoint a Councillor to be the chair of a delegated committee;

(b) to direct a Councillor, subject to any procedures or limitations specified in the Governance Rules, to leave a Council meeting if the behaviour of the Councillor is preventing the Council from conducting its business;

(c) to require the Chief Executive Officer to report to the Council on the implementation of a Council decision.

(2) An appointment under subsection (1)(a) prevails over any appointment of a chair of a delegated committee by the Council.

20 When does the office of Mayor become vacant?

The office of Mayor of a Mayor elected by the Councillors becomes vacant—

(a) at the time and on the day of the election of the next Mayor; or

(b) on the day the Mayor resigns from the office of Mayor by giving the Chief Executive Officer a written notice of resignation; or

(c) on the day the Mayor ceases to hold the office of Councillor; or

(d) on the day the Mayor's office as a Councillor is suspended for any period; or

S. 20(e) amended by No. 23/2024 s. 37.

(e) on the day the Mayor becomes ineligible to hold the office of Mayor as a result of a decision by an arbiter or a Councillor Conduct Panel; or

(f) on the day the office of Mayor is declared vacant by the Council in accordance with section 23.

20A Office of Deputy Mayor

(1) A Council may establish an office of Deputy Mayor.

(2) If the Council has established an office of Deputy Mayor, the provisions of this Act relating to the office of Deputy Mayor apply.

(3) If a Council has not established an office of Deputy Mayor, section 20B applies.

20B Acting Mayor

(1) A Council may appoint a Councillor to be the Acting Mayor when—

(a) the Mayor is unable for any reason to attend a Council meeting or part of a Council meeting; or

(b) the Mayor is incapable of performing the duties of the office of Mayor for any reason, including illness; or

(c) the office of Mayor is vacant.

(2) An appointment under subsection (1) must be for a period specified by the Council.

(3) If—

(a) an appointment has not been made under subsection (1) or has expired; and

(b) any of the circumstances specified in subsection (1)(a), (b) or (c) apply—

the Council must appoint a Councillor to be the Acting Mayor for a period specified by the Council.

(4) An Acting Mayor—

(a) must perform the role of the Mayor; and

(b) may exercise any of the powers of the Mayor—

until the circumstances specified in subsection (1) no longer apply or the period of the appointment expires, whichever first occurs.

(5) If an Acting Mayor has been appointed, unless inconsistent with the context or subject matter, a reference in this Act (except in sections 20 and 23, Division 4 of this Part and sections 61(6) and 236(4)) to the Mayor includes a reference to the Acting Mayor.

21 Role and powers of the Deputy Mayor

The Deputy Mayor must perform the role of the Mayor and may exercise any of the powers of the Mayor if—

(a) the Mayor is unable for any reason to attend a Council meeting or part of a Council meeting; or

(b) the Mayor is incapable of performing the duties of the office of Mayor for any reason, including illness; or

(c) the office of Mayor is vacant.

22 When does the office of Deputy Mayor become vacant?

The office of Deputy Mayor of a Deputy Mayor elected by the Councillors becomes vacant—

(a) at the time and on the day of the election of the next Deputy Mayor; or

(b) on the day the Deputy Mayor is elected to the office of Mayor; or

(c) on the day the Deputy Mayor resigns from the office of Deputy Mayor by giving the Chief Executive Officer a written notice of resignation; or

(d) on the day the Deputy Mayor ceases to hold the office of Councillor; or

(e) on the day the Deputy Mayor's office as a Councillor is suspended for any period; or

S. 22(f) amended by No. 23/2024 s. 38.

(f) on the day the Deputy Mayor becomes ineligible to hold the office of Deputy Mayor as a result of a decision by an arbiter or a Councillor Conduct Panel; or

(g) on the day the office of Deputy Mayor is declared vacant by the Council in accordance with section 23.

23 Declaration of office of Mayor or Deputy Mayor to be vacant

(1) This section only applies to a Mayor or Deputy Mayor elected for a 2 year term.

(2) A Council may only declare the office of Mayor or Deputy Mayor vacant in accordance with this section.

(3) A notice of motion to declare the office of Mayor or Deputy Mayor vacant must be—

(a) signed by an absolute majority of the Councillors; and

(b) lodged with the Chief Executive Officer at least 14 days before the day on which the meeting to consider the motion is proposed; and

(c) provided to each Councillor by the Chief Executive Officer without delay.

(4) The office of Mayor or Deputy Mayor can only be declared vacant if the motion to declare the office of Mayor or Deputy Mayor vacant is passed by a majority of at least three-quarters of all of the Councillors in office.

(5) For the purposes of subsection (3)(a), absolute majority means the number of Councillors which is greater than half the total number of the Councillors of a Council.

24 Local Government Mayoral Advisory Panel

(1) The Minister may establish and maintain an advisory panel to be called the Local Government Mayoral Advisory Panel.

(2) The role of the Local Government Mayoral Advisory Panel is to provide advice to the Minister on matters relating to local government in Victoria referred by the Minister.

(3) The members of the Local Government Mayoral Advisory Panel—

(a) must be appointed by the Minister; and

(b) must include at least 5 Mayors.

(4) The terms of reference of the Local Government Mayoral Advisory Panel are to be determined by the Minister.

(5) Meetings of the Local Government Mayoral Advisory Panel are to be chaired by the Minister.

Division 4—Election of Mayor and Deputy Mayor

25 Election of Mayor

(1) At a Council meeting that is open to the public, the Councillors must elect a Councillor to be the Mayor of the Council.

S. 25(2) amended by No. 23/2024 s. 39.

(2) Subject to sections 147 and 167, any Councillor is eligible for election or re‑election to the office of Mayor.

(3) The election of the Mayor must—

(a) be chaired by the Chief Executive Officer; and

(b) subject to this section, be conducted in accordance with the Governance Rules.

(4) Subject to subsections (5) and (6), the Mayor must be elected by an absolute majority of the Councillors.

(5) If an absolute majority of the Councillors cannot be obtained at the meeting, the Council may resolve to conduct a new election at a later specified time and date.

(6) If only one Councillor is a candidate for Mayor, the meeting must declare that Councillor to be duly elected as Mayor.

(7) In this section, absolute majority means the number of Councillors which is greater than half the total number of the Councillors of a Council.

26 When is a Mayor to be elected?

(1) A Mayor is to be elected no later than one month after the date of a general election.

(2) The Mayor of the Greater Geelong City Council must be elected for a 2 year term.

(3) Before the election of the Mayor, a Council, other than the Greater Geelong City Council, must determine by resolution whether the Mayor is to be elected for a 1 year or a 2 year term.

(4) If the Mayor is elected for a 1 year term, the next election of the Mayor must be held on a day to be determined by the Council that is as close to the end of the 1 year term as is reasonably practicable.

(5) If the Mayor is to be elected for a 2 year term, the next election of the Mayor must be held on a day to be determined by the Council that is as close to the end of the 2 year term as is reasonably practicable.

(6) A Mayor is to be elected within one month after any vacancy in the office of Mayor occurs.

(7) The election of a Mayor after the period specified in this section does not invalidate the election.

(8) A Councillor elected to fill a vacancy in the office of Mayor caused other than by the expiration of a one year or a 2 year term serves the remaining period of the previous Mayor's term.

27 Election of Deputy Mayor

(1) Section 25, other than subsection (3)(a), applies to the election of a Deputy Mayor by the Councillors as if any reference in that section to the Mayor was a reference to the Deputy Mayor.

(2) Section 26 applies to the election of a Deputy Mayor as if any reference in that section to the Mayor was a reference to the Deputy Mayor.

Pt 2 Div. 4A (Heading and ss 27A, 27B) inserted by No. 23/2024 s. 40.

Division 4A—Mayoral training

S. 27A inserted by No. 23/2024 s. 40.

27A Mayoral training

(1) A Mayor and any Deputy Mayor or Acting Mayor must complete Mayoral training—

(a) in the case of the Mayor or a Deputy Mayor, within one month after their election as Mayor or Deputy Mayor; or

(b) in the case of an Acting Mayor, within one month of their appointment.

(2) Subsection (1) applies whether or not the Mayor, Deputy Mayor or Acting Mayor has been re-elected or ever held the office before.

(3) Despite subsection (1), an Acting Mayor is not required to complete Mayoral training if—

(a) their appointment as Acting Mayor is for less than one month; or

(b) at any time in the preceding 12 months they have completed Mayoral training.

(4) A Mayor, Deputy Mayor or Acting Mayor (as the case requires) must make a written declaration before the Chief Executive Officer after completing Mayoral training that—

(a) states that the Mayor, Deputy Mayor or Acting Mayor has completed the training; and

(5) The Chief Executive Officer must—

(a) ensure that the Mayoral training is available to be taken within the relevant period specified in subsection (1) for a Mayor, Deputy Mayor or Acting Mayor; and

(b) provide reasonable assistance to a Mayor, Deputy Mayor or Acting Mayor to enable them to access the Mayoral training.

(6) The Mayoral training must be conducted in the prescribed manner and address any prescribed matters.

S. 27B inserted by No. 23/2024 s. 40.

27B Failure to take Mayoral training and make declaration

(1) If a Mayor, Deputy Mayor or Acting Mayor (as the case requires) fails to take or complete the Mayoral training and make a written declaration, the allowance of the Mayor, Deputy Mayor or Acting Mayor is withheld until they have—

(a) completed the training as required by section 27A(1); and

(b) made the written declaration as required by section 27A(4).

(2) A Mayor, Deputy Mayor or Acting Mayor (as the case requires) is entitled to receive any allowance that is withheld under subsection (1) after the Mayor, Deputy Mayor or Acting Mayor—

(a) takes or completes the Mayoral training; and

(b) makes a written declaration as required by section 27A(4).

Division 5—Councillors

28 Role of a Councillor

S. 28(1) amended by No. 23/2024 s. 41(1)(a).

(1) The role of every Councillor in representing their municipal community includes the following—

S. 28(1)(a) amended by No. 23/2024 s. 41(1)(b).

(a) to participate in the decision making of the Council;

S. 28(1)(b) amended by No. 23/2024 s. 41(1)(b).

(b) to represent the interests of the municipal community in that decision making;

(c) to contribute to the strategic direction of the Council through the development and review of key strategic documents of the Council, including the Council Plan.

(2) In performing the role of a Councillor, a Councillor must—

(a) consider the diversity of interests and needs of the municipal community; and

(b) support the role of the Council; and

(c) acknowledge and support the role of the Mayor; and

(d) act lawfully and in accordance with the oath or affirmation of office; and

S. 28(2)(e) amended by No. 23/2024 s. 41(2).

(e) act in accordance with the Model Councillor Code of Conduct; and

(f) comply with Council procedures required for good governance.

(3) The role of a Councillor does not include the performance of any responsibilities or functions of the Chief Executive Officer.

29 Term of office of a Councillor

(1) The term of office of a Councillor—

(a) commences on the day that the Councillor takes the oath or affirmation of office; and

(b) ends at 6 a.m. on the day of the next general election for the Council.

(2) The office of a Councillor becomes vacant at the expiration of the Councillor's term of office.

30 Oath or affirmation of office

(1) A person elected to be a Councillor is not capable of acting as a Councillor until the person has taken the oath or affirmation of office in the manner prescribed by the regulations.

(2) The oath or affirmation of office must be—

(a) administered by the Chief Executive Officer; and

(b) dated and signed before the Chief Executive Officer; and

(c) recorded in the minutes of the Council, whether or not the oath or affirmation was taken at a Council meeting.

31 Failure to take oath or affirmation of office

The office of a Councillor becomes vacant if a person elected to be a Councillor does not take the oath or affirmation of office within 3 months after the day on which the person was declared elected.

32 Councillor induction training

S. 32(1) amended by No. 23/2024 s. 42(1).

(1) A Councillor must complete Councillor induction training within 4 months after the day the Councillor takes the oath or affirmation of office.

(2) Subsection (1) applies—

(a) to each Councillor elected at a general election; and

(b) to any Councillor elected to fill an extraordinary vacancy; and

(c) whether or not the Councillor has been re-elected or ever been a Councillor before.

(3) A Councillor must make a written declaration before the Chief Executive Officer after completing Councillor induction training that—

(a) states that the Councillor has completed the Councillor induction training; and

(4) For the purposes of subsection (1), the Chief Executive Officer must—

(a) ensure that the Councillor induction training is available to be taken by a Councillor from the day the Councillor takes the oath or affirmation of office; and

(b) provide reasonable assistance to a Councillor to enable them to access the Councillor induction training.

S. 32(4A) inserted by No. 23/2024 s. 42(2).

(4A) If a Councillor is unable to take or complete Councillor induction training because of a leave of absence, the Councillor must take or complete the training within one month after returning from leave.

(5) The Councillor induction training must be conducted in the prescribed manner and address any prescribed matters.

33 Failure to take Councillor induction training and make declaration

(1) If a Councillor fails to—

(a) take or complete Councillor induction training as required by section 32(1); and

(b) make a written declaration as required by section 32(3)—

the Councillor's allowance is withheld until the Councillor has completed induction training and made the written declaration.

(2) A Councillor is entitled to receive any allowance that is withheld under subsection (1) after the Councillor—

(a) takes or completes Councillor induction training as required by section 32(1); and

(b) makes a written declaration as required by section 32(3).

S. 33A inserted by No. 23/2024 s. 43.

33A Regular professional development training of Councillors

(1) A Councillor must complete professional development training annually to ensure that the Councillor understands their role and responsibilities.

(2) Subsection (1) applies—

(a) to each Councillor elected at a general election; and

(b) to any Councillor elected to fill an extraordinary vacancy; and

(c) whether or not the Councillor has been re-elected or ever been a Councillor before.

(3) For the purposes of complying with subsection (1), a Councillor—

(a) elected at a general election must undertake professional development training—

(i) at least once each year of their term beginning in the first full calendar year after the Councillor is elected; and

(ii) within the prescribed period, or by the prescribed day, in each year of their term beginning in the first full calendar year after the Councillor is elected; and

(b) elected to fill an extraordinary vacancy must undertake professional development training—

(i) at least once each year of their term beginning in the first full calendar year after the Councillor is elected; and

(ii) within the prescribed period, or by the prescribed day, in each year of their term beginning the year after the year the Councillor completes Councillor induction training.

(4) A Councillor must make a written declaration before the Chief Executive Officer after completing the professional development training that—

(a) states that the Councillor has completed the professional development training; and

(5) For the purposes of subsection (1), the Chief Executive Officer must—

(a) ensure that the professional development training is available to be undertaken annually within the period, or by the day, prescribed for the purposes of subsection (3); and

(b) provide reasonable assistance to a Councillor to enable them to access the professional development training.

(6) If a Councillor is unable to take or complete professional development training because of a leave of absence, the Councillor must take or complete the training within one month after returning from leave.

(7) The professional development training must be conducted in the prescribed manner and address any prescribed matters.

S. 33B inserted by No. 23/2024 s. 43.

33B Failure to take professional development training and make declaration

(1) If a Councillor fails to take or complete the professional development training and make a written declaration, the Councillor's allowance is withheld until the Councillor has—

(a) completed the training as required by section 33A; and

(b) made the written declaration as required by section 33A(4).

(2) A Councillor is entitled to receive any allowance that is withheld under subsection (1) after the Councillor—

(a) takes or completes the professional development training; and

(b) makes a written declaration as required by section 33A(4).

34 Qualification to be a Councillor

(1) A person is qualified to be a Councillor of a Council if the person—

(a) has attained the age of 18 years; and

(b) is an Australian citizen or an eligible British subject referred to in section 48(1)(a) of the Constitution Act 1975; and

(c) is enrolled on the voters' roll for the Council or would be enrolled on the voters' roll for the Council on a particular day if a voters' roll were to be prepared on that particular day; and

S. 34(1)(d) amended by No. 23/2024 s. 6(1).

(d) is not a person to whom subsection (2) or (2A) applies.

(2) A person is not qualified to be a Councillor of a Council if the person—

(a) is a member of the Parliament of Victoria or of the Parliament of the Commonwealth of Australia or of another State or a Territory of the Commonwealth; or

(b) is employed as a Ministerial officer, a Parliamentary adviser or an electorate officer by a member of the Parliament of Victoria or in a corresponding position (however designated) by, or for, a member of the Parliament of the Commonwealth of Australia or of another State or a Territory of the Commonwealth; or

(c) is a Councillor of another Council constituted under this Act or a member of a corresponding body (however designated) under an Act of another State or a Territory of the Commonwealth; or

(d) is a member of Council staff of the Council; or

(e) is an undischarged bankrupt; or

(f) has property that is subject to control under the law relating to bankruptcy; or

(g) has failed to take the oath or affirmation of office of Councillor at any Council when required under this Act during the current term of office of that Council; or

(h) has been disqualified from being a Councillor after a finding by VCAT of gross misconduct, for the period that the period of disqualification specified in the order made by VCAT is in force; or

(i) has been subject to 2 or more findings of serious misconduct by a separate Councillor Conduct Panel under section 167 in the preceding 8 years and the period during which the person can apply under section 170 to VCAT for a review of those findings has expired, for the period of 4 years following the second finding of serious misconduct during which the disqualification is in force; or

S. 34(2)(ia) inserted by No. 23/2024 s. 6(2).

(ia) is the subject of an Order under section 34A that has not been disallowed by a resolution of either House of Parliament; or

S. 34(2)(ib) inserted by No. 23/2024 s. 6(2).

(ib) has been subject to 2 or more Orders under section 229A in the preceding 8 years and the period during which the second of those Orders may be disallowed by a resolution of either House of Parliament has expired, for the period of 4 years following the expiry of that disallowance period; or

(j) has been convicted of the offence of failing to lodge an election campaign donation return in relation to the current term of the Council; or

(k) has been convicted of an offence against this Act in the preceding 8 years for which the maximum penalty is at least 120 penalty units or a period of imprisonment of at least 12 months; or

(l) has been convicted of an offence in the preceding 8 years, committed when the person was of or over 18 years of age, which is punishable upon first conviction for a term of imprisonment of 2 years or more under the law of Victoria, or the law of any other State, or a Territory of the Commonwealth, or the law of the Commonwealth; or

(m) is disqualified from managing corporations under Part 2D.6 of the Corporations Act.

S. 34(2A) inserted by No. 23/2024 s. 6(3).

(2A) A person is disqualified from being a Councillor for the period determined under subsection (2B) if—

(a) the person has been subject to a finding of serious misconduct by a Councillor Conduct Panel under section 167 in the preceding 8 years and the period during which the person can apply under section 170 to VCAT for a review of that finding has expired; and

(b) the person has been subject to an Order under section 229A in the preceding 8 years and the period during which that Order may be disallowed by a resolution of either House of Parliament has expired.

S. 34(2B) inserted by No. 23/2024 s. 6(3).

(2B) For the purposes of subsection (2A), the period of disqualification is the later of the following periods—

(a) 4 years following the finding of serious misconduct;

(b) 4 years following the expiry of the disallowance period specified in subsection (2A)(b).

(3) If a Councillor becomes aware that they have ceased to be qualified to be a Councillor of a Council, the Councillor must immediately give notice in writing to the Chief Executive Officer of the Council that they have ceased to be qualified to be a Councillor of the Council.

S. 34A inserted by No. 23/2024 s. 7.

34A Disqualification by Governor in Council

(1) On the recommendation of the Minister, the Governor in Council, by Order, may disqualify a person from being a Councillor for the specified period if—

(a) the person was a Councillor during the term of office of a Council that was dismissed under an Act; and

(b) while the person was a Councillor or at any later time, a Municipal Monitor or a Commission of Inquiry provided a report to the Minister stating that the person—

(i) was creating a serious risk to the health and safety of Councillors or members of Council staff; or

(ii) in the person's capacity as a Councillor, was creating a serious risk to the health and safety of other persons; or

(iii) was preventing the Council from performing its functions.

(2) For the purposes of subsection (1), the specified period is 8 years from the day on which the Council of which the person was a Councillor was dismissed.

(3) If the Minister intends to make a recommendation under subsection (1), the Minister must—

(a) notify the person of that intention in writing; and

(b) consider any response provided by the person within 10 business days.

(4) If an Order is made under subsection (1), the Minister must provide a copy of the Order to the person disqualified and to the current Council.

(5) A copy of an Order given to a Council under subsection (4) must be tabled at and recorded in the minutes of the next Council meeting.

(6) An Order made under subsection (1)—

(i) if Parliament is then sitting, within 7 days after its making; or

(b) may be disallowed by a resolution of either House of Parliament within 7 days after it has been laid before each House.

35 Councillor ceasing to hold office

(1) A Councillor ceases to hold the office of Councillor and the office of the Councillor becomes vacant if the Councillor—

(a) ceases to be qualified to be a Councillor; or

(b) dies; or

(c) resigns in writing delivered to the Chief Executive Officer; or

(d) is ousted from office; or

(e) subject to this section, is absent from Council meetings for a period of 4 consecutive months without leave obtained from the Council.

(2) For the purposes of subsection (1)(a), a Councillor who would cease to have a qualification as an enrolled voter under section 34(1)(c) on a particular day if a voters' roll for the Council were prepared on that particular day, ceases to hold the office of Councillor at the expiration of the period of 50 days after that particular day if the Councillor has not obtained another entitlement to be on the voters' roll for the Council.

(3) For the purposes of subsection (2), a Councillor is considered to have ceased to have a qualification as an enrolled voter under section 34(1)(c) if—

(a) their only entitlement to be enrolled on the voters' roll for the Council is as a resident under section 241; and

(b) their principal place of residence is no longer located within the municipal district of the Council.

(4) The Council must grant any reasonable request for leave for the purposes of subsection (1)(e).

(5) A Councillor is not to be taken to be absent from a Council meeting—

(a) while any proceeding for ouster from office of the Councillor is pending; or

(b) while the Councillor is suspended from office.

(6) A Councillor is not to be taken to be absent from Council meetings during the period of 6 months after the Councillor or their spouse or domestic partner—

(a) becomes the natural parent of a child; or

(b) adopts a child under the age of 16 years—

and the Councillor has responsibilities for the care of the child during that period.

(7) A person who has resigned as a Councillor cannot revoke the resignation after it has been delivered to the Chief Executive Officer.

36 Ouster from office

(1) The Minister, the Chief Municipal Inspector or a Council of which a particular Councillor is a member may apply to the Supreme Court for the ouster from the office of Councillor of any person whom the Minister, the Chief Municipal Inspector or the Council believes is declared elected or holds the office of Councillor contrary to this Act.

(2) If an application relates to the election of a Councillor, the application must be made during the term for which that person was elected.

S. 37 amended by No. 23/2024 s. 8 (ILA s. 39B(1)).

37 Suspension of Councillor

(1) If a Councillor is suspended under this Act, the Councillor—

(a) ceases to be a Councillor for the term of the suspension; and

(b) is not entitled to receive a Councillor allowance for the term of the suspension unless this Act otherwise provides; and

(c) must return all Council equipment and materials to the Council at the beginning of any term of suspension that will exceed 2 months in duration.

S. 37(2) inserted by No. 23/2024 s. 8.

(2) If a Councillor is suspended under this Act, the following are also suspended for the duration of the Councillor's suspension—

(a) the examination by the Principal Councillor Conduct Registrar of—

(i) any application made under section 143 in relation to alleged misconduct by the Councillor; and

(ii) any application made under section 154 in relation to alleged serious misconduct by the Councillor;

(b) any internal arbitration process relating to alleged misconduct by the Councillor, including the making of any finding against the Councillor or the imposition of any sanctions on the Councillor under section 147;

(c) the consideration, hearing or determination by a Councillor Conduct Panel of any application made under section 154 in relation to alleged serious misconduct by the Councillor.

S. 37(3) inserted by No. 23/2024 s. 8.

(3) Subsection (2) does not prevent—

(a) the making of an application under section 143 or 154 against the Councillor; or

(b) the withdrawal of an application made under section 143 or 154 against the Councillor; or

S. 37(3)(c) amended by No. 23/2024 s. 44.

(c) the Chief Municipal Inspector, by notice under section 146A or 166, stopping consideration of a matter the subject of an application against the Councillor.

38 Penalty for acting as a Councillor when not qualified or ceasing to hold office

(1) A person must not act as a Councillor if the person knows, or should reasonably know, that they—

(a) are not qualified to be a Councillor; or

(b) have ceased to hold the office of Councillor.

Penalty: 120 penalty units or 12 months imprisonment.

(2) If a person is found guilty or convicted of an offence under subsection (1), the court may order that the person return to the Council any allowances, reimbursements, equipment or materials the person received as a result of acting as a Councillor for the period that the person—

(a) acted as a Councillor when not qualified to do so; or

(b) had ceased to hold the office of Councillor.

(3) A person who—

(a) acts as a Councillor while—

(i) not qualified to be a Councillor; or

(ii) having ceased to hold the office of Councillor; and

(b) engages in conduct that would constitute an offence under this Act if that person were a Councillor—

is guilty of that offence as if that person were a Councillor.

Division 6—Entitlements

39 Allowances for Mayors, Deputy Mayors and Councillors

(1) A Mayor or a Deputy Mayor is entitled to receive from the Council an allowance as a Mayor or a Deputy Mayor in accordance with a Determination of the Victorian Independent Remuneration Tribunal under the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019.

(2) A Councillor is entitled to receive from the Council an allowance as a Councillor in accordance with a Determination of the Victorian Independent Remuneration Tribunal under the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019.

(3) A Mayor or a Deputy Mayor is not entitled to receive an allowance as a Councillor while the Mayor or Deputy Mayor is receiving an allowance as a Mayor or a Deputy Mayor.

(4) A Council cannot pay an allowance to a Mayor, Deputy Mayor or Councillor that exceeds the amount specified in the relevant Determination of the Victorian Independent Remuneration Tribunal under the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019.

(5) A Mayor, Deputy Mayor or Councillor may elect—

(a) to receive the entire allowance to which they are entitled; or

(b) to receive a specified part of the allowance to which they are entitled; or

(c) to receive no allowance.

(6) Despite the repeal of sections 73B and 74 to 74B of the Local Government Act 1989 and sections 26, 26A and 27 of the City of Melbourne Act 2001 and sections 12, 13, 14 and 15 of the City of Greater Geelong Act 1993, those sections continue to apply in respect of allowances payable to Mayors, Deputy Mayors and Councillors until the first Determination made by the Victorian Independent Remuneration Tribunal under section 23A of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 comes into effect.

(7) For the purposes of giving effect to subsection (6), an Order in Council made under section 74B of the Local Government Act 1989 may determine the amounts of allowances for different categories of Councillors.

40 Reimbursement of expenses of Councillors and members of a delegated committee

(1) A Council must reimburse a Councillor or a member of a delegated committee for out-of-pocket expenses which the Council is satisfied—

(a) are bona fide expenses; and

(b) have been reasonably incurred in the performance of the role of Councillor or member of a delegated committee; and

(c) are reasonably necessary for the Councillor or member of a delegated committee to perform that role.

(2) A Council must provide details of all reimbursements under this section to the Audit and Risk Committee.

41 Council expenses policy

(1) A Council must adopt and maintain an expenses policy in relation to the reimbursement of out-of-pocket expenses for Councillors and members of delegated committees.

(2) A policy adopted by a Council under this section must—

(a) specify procedures to be followed in applying for reimbursement and in reimbursing expenses; and

(b) comply with any requirements prescribed by the regulations in relation to the reimbursement of expenses; and

(c) provide for the reimbursement of child care costs where the provision of child care is reasonably required for a Councillor or member of a delegated committee to perform their role; and

(d) have particular regard to expenses incurred by a Councillor who is a carer in a care relationship within the meaning of section 4 of the Carers Recognition Act 2012.

(3) A Council must adopt the first expenses policy under this section on or before 1 September 2020.

(4) Until a Council adopts a policy under this section, the policy adopted by the Council under section 75B of the Local Government Act 1989 applies as if it had been adopted under this Act.

42 Resources and facilities for the Mayor and Councillors

(1) A Council must make available to the Mayor and the Councillors the resources and facilities reasonably necessary to enable them to effectively perform their role.

(2) Without limiting the generality of subsection (1), a Council must—

(a) consider the support that may be required by a Mayor, Deputy Mayor or Councillor because of a disability; and

(b) have particular regard to the support that may be required by a Councillor who is a carer in a care relationship within the meaning of section 4 of the Carers Recognition Act 2012.

S. 43 (Heading) substituted by No. 23/2024 s. 45(1).

S. 43 amended by No. 23/2024 s. 45(2).

43 Indemnity for Councillors—general

Subject to section 43A, a Council must indemnify and keep indemnified each Councillor, member of a delegated committee and member of a Community Asset Committee against all actions or claims whether arising during or after their term of office in respect of anything necessarily done or reasonably done or omitted to be done in good faith—

(a) in the performance of a duty or a function or the exercise of a power under this Act, the regulations or a local law or any other Act; or

(b) in the reasonable belief that the act or omission was in the performance of a duty or a function or the exercise of a power under this Act, the regulations or a local law or any other Act.

S. 43A inserted by No. 23/2024 s. 46.

43A Indemnity for Councillors—legal costs

(1) Subject to subsection (2), a Council must not indemnify a Councillor for legal costs incurred by the Councillor as a result of—

(a) an application made under section 143 or 154; or

(b) a process or proceeding relating to—

(i) an application made under section 143 or 154; or

(ii) a decision or determination made under section 147 or 167.

(2) A Council may indemnify a Councillor for costs incurred by the Councillor to obtain representation considered necessary under section 141(2)(c) or 163(2)(b).

Division 7—Chief Executive Officer and members of Council staff

44 The Chief Executive Officer

(1) Subject to this section, a Council must appoint a natural person to be its Chief Executive Officer in accordance with its Chief Executive Officer Employment and Remuneration Policy under section 45.

(2) A Chief Executive Officer must be appointed under a contract of employment with the Council that does not exceed 5 years.

(3) A Chief Executive Officer is eligible to be re‑appointed under a new contract of employment under subsection (2).

(4) If there is a vacancy in the office of Chief Executive Officer or the Chief Executive Officer is unable to perform the duties of the office of Chief Executive Officer, the Council must appoint a person to be the Acting Chief Executive Officer.

(5) The Chief Executive Officer or an Acting Chief Executive Officer is a member of Council staff.

(6) A Council must comply with any requirements prescribed by the regulations in relation to the employment of a Chief Executive Officer.

45 Chief Executive Officer Employment and Remuneration Policy

(1) A Council must develop, adopt and keep in force a Chief Executive Officer Employment and Remuneration Policy.

(2) A Chief Executive Officer Employment and Remuneration Policy must—

(a) provide for the Council to obtain independent professional advice in relation to the matters dealt with in the Chief Executive Officer Employment and Remuneration Policy; and

(b) provide for the following—

(i) the recruitment and appointment process;

(ii) provisions to be included in the contract of employment;

(iii) performance monitoring;

(iv) an annual review; and

(c) include any other matters prescribed by the regulations.

(3) A Council must have regard to—

(a) any statement of policy issued by the Government of Victoria which is in force with respect to its wages policy (or equivalent); and

(b) any Determination that is currently in effect under section 21 of the Victorian Independent Remuneration Tribunal and Improving Parliamentary Standards Act 2019 in relation to remuneration bands for executives employed in public service bodies—

in developing the Chief Executive Officer Employment and Remuneration Policy.

(4) A Council must adopt the first Chief Executive Officer Employment and Remuneration Policy under this section within 6 months of the commencement of this section.

46 Functions of the Chief Executive Officer

(1) A Chief Executive Officer is responsible for—

(a) supporting the Mayor and the Councillors in the performance of their roles; and

(b) ensuring the effective and efficient management of the day to day operations of the Council.

(2) Without limiting the generality of subsection (1)(a), this responsibility includes the following—

(a) ensuring that the decisions of the Council are implemented without undue delay;

(b) ensuring that the Council receives timely and reliable advice about its obligations under this Act or any other Act;

(c) supporting the Mayor in the performance of the Mayor's role as Mayor;

(d) setting the agenda for Council meetings after consulting the Mayor;

(e) when requested by the Mayor, reporting to the Council in respect of the implementation of a Council decision;

(f) carrying out the Council's responsibilities as a deemed employer with respect to Councillors, as deemed workers, which arise under or with respect to the Workplace Injury Rehabilitation and Compensation Act 2013.

See clause 15 of Schedule 1 to the Workplace Injury Rehabilitation and Compensation Act 2013.

(3) Without limiting the generality of subsection (1)(b), this responsibility includes the following—

(a) establishing and maintaining an organisational structure for the Council;

(b) being responsible for all staffing matters, including appointing, directing, managing and dismissing members of Council staff;

(c) managing interactions between members of Council staff and Councillors and ensuring that policies, practices and protocols that support arrangements for interaction between members of Council staff and Councillors are developed and implemented;

(d) performing any other function or duty of the Chief Executive Officer specified in this Act or any other Act.

(4) For the purposes of subsection (3)(a), a Chief Executive Officer must—

(a) develop and maintain a workforce plan that—

(i) describes the organisational structure of the Council; and

(ii) specifies the projected staffing requirements for a period of at least 4 years; and

(iii) sets out measures to seek to ensure gender equality, diversity and inclusiveness; and

(b) inform the Council before implementing an organisational restructure that will affect the capacity of the Council to deliver the Council Plan; and

(c) consult members of Council staff affected by a proposed organisational restructure, before implementing the organisational restructure.

S. 46(4A) inserted by No. 5/2020 s. 55 (as amended by No. 9/2020 s. 390(Sch. 1 item 45A)).

(4A) In developing and maintaining a workforce plan, a Chief Executive Officer must have regard to the requirements of the Gender Equality Act 2020.

S. 46(4B) inserted by No. 5/2020 s. 55 (as amended by No. 9/2020 s. 390(Sch. 1 item 45A)), amended by No. 23/2024 s. 9.

(4B) A Council's workforce plan is taken to satisfy subsection (4)(a)(iii) in respect of gender equality during any period when the Council is compliant with Division 1 of Part 4 of the Gender Equality Act 2020.

(5) A Council and the Chief Executive Officer must, in giving effect to gender equality, diversity and inclusiveness, comply with any processes and requirements prescribed by the regulations for the purposes of this section.

(6) A Chief Executive Officer must ensure that the Mayor, Deputy Mayor, Councillors and members of Council staff have access to the workforce plan.

(7) A Chief Executive Officer must develop the first workforce plan under this section within 6 months of the commencement of this section.

47 Delegations by Chief Executive Officer

(1) The Chief Executive Officer may by instrument of delegation delegate any power, duty or function of the Council that has been delegated to the Chief Executive Officer by the Council to—

(a) a member of Council staff; or

(b) the members of a Community Asset Committee.

(2) The Chief Executive Officer may by instrument of delegation delegate any power, duty or function conferred by this Act or any other Act on the Chief Executive Officer, other than this power of delegation and the power of delegation under subsection (1), to a member of Council staff.

(3) A delegation under this section to a member of Council staff may be made to—

(a) a person named in the delegation; or

(b) the holder of an office or position specified in the delegation.

(4) A delegation under this section to the members of a Community Asset Committee is to be exercised subject to the terms and conditions specified by the Chief Executive Officer, which must include the following—

(a) the specified limit on any financial delegation and the specified purpose for which the financial delegation may be used;

(b) compliance with specified governance requirements to ensure appropriate standards of probity are met;

(c) specified monitoring and reporting of the activities and performance of the Community Asset Committee.

(5) A member of a Community Asset Committee to whom a delegation is given under this section can only exercise the delegation while acting as a member of the Community Asset Committee at a meeting of the Community Asset Committee.

(6) A Chief Executive Officer must submit an annual report to the Council in relation to the activities and performance of a Community Asset Committee in respect of which the members have been given a delegation under this section.

(7) A Chief Executive Officer must keep a register of delegations made under this section.

(8) Unless sooner revoked, a delegation made by a Chief Executive Officer under the Local Government Act 1989 continues in force until 1 September 2020.

48 Members of Council staff

(1) A Chief Executive Officer may, having regard to the workforce plan, appoint as many members of Council staff as are required to enable the functions of the Council under this Act or any other Act to be performed.

(2) A Chief Executive Officer must adopt and maintain a recruitment policy that—

(a) ensures that recruitment decisions are based on merit; and

(b) supports transparency in recruitment processes and the public advertising of positions; and

S. 48(2)(c) amended by No. 30/2022 s. 31.

(c) has regard to the gender equality, diversity and inclusiveness measures specified in the workforce plan.

(3) A Chief Executive Officer must adopt the first recruitment policy under this section within 6 months of the commencement of this section.

(4) For the purposes of section 12 of the Oaths and Affirmations Act 2018, a senior officer of a Council is a senior member of Council staff who is authorised in writing by the Chief Executive Officer to administer an oath or affirmation.

(5) For the purposes of section 19(1)(r) of the Oaths and Affirmations Act 2018, a senior officer of a Council is a senior member of Council staff who is authorised in writing by the Chief Executive Officer as an authorised affidavit taker.

(6) A Chief Executive Officer must not appoint as a member of Council staff any person who has been a Councillor of the Council within 2 years after the person ceases to hold that office.

(7) Any appointment that contravenes subsection (6) is void.

49 Code of conduct for members of Council staff

(1) A Chief Executive Officer must develop and implement a code of conduct for members of Council staff.

(2) A code of conduct for members of Council staff must include a gift policy that contains—

(a) a requirement for members of Council staff to disclose all gifts above a specified level; and

(b) provisions providing for disclosed gifts to be recorded in a gift register.

(3) A code of conduct for members of Council staff must include—

(a) procedures for dealing with alleged and actual breaches of conflict of interest under this Act; and

(b) provisions for the Chief Executive Officer to take disciplinary action against a member of Council staff.

(4) The Chief Executive Officer must ensure that members of Council staff have access to the code of conduct for members of Council staff.

(5) A Chief Executive Officer must develop and implement the first code of conduct for members of Council staff under this section within 6 months of the commencement of this section.

(6) Until the first code of conduct for members of Council staff under this section is developed and implemented, the code of conduct for Council staff implemented under section 95AA of the Local Government Act 1989 applies as if it had been developed and implemented under this section.

50 Long service leave

A Council must implement appropriate long service leave arrangements for members of Council staff in accordance with the regulations.

51 Validity of decisions

Anything done by a person purporting to act as a Chief Executive Officer or as a member of Council staff is not invalid merely because that person's contract of employment as a Chief Executive Officer or member of Council staff was void at the time the thing was done.

52 Indemnity provision for Chief Executive Officer and members of Council staff

A Council must indemnify and keep indemnified the Chief Executive Officer and each member of Council staff against all actions or claims whether arising during or after their term of office in respect of anything necessarily done or reasonably done or omitted to be done in good faith—

(a) in the performance of a duty or a function or the exercise of a power under this Act, the regulations or a local law or any other Act; or

(b) in the reasonable belief that the act or omission was in the performance of a duty or a function or the exercise of a power under this Act, the regulations or a local law or any other Act.

Division 8—Audit and Risk Committee

53 Council must establish an Audit and Risk Committee

(1) A Council must establish an Audit and Risk Committee.

(2) An Audit and Risk Committee is not a delegated committee.

(3) An Audit and Risk Committee must—

(a) include members who are Councillors of the Council; and

(b) consist of a majority of members who are not Councillors of the Council and who collectively have—

(i) expertise in financial management and risk; and

(ii) experience in public sector management; and

(c) not include any person who is a member of Council staff of the Council.

(4) The chairperson of an Audit and Risk Committee must not be a Councillor of the Council.

(5) Sections 123 and 125 and Division 2 of Part 6 apply to a member of the Audit and Risk Committee who is not a Councillor as if the member were a member of a delegated committee.

(6) A Council may pay a fee to a member of an Audit and Risk Committee who is not a Councillor of the Council.

54 Audit and Risk Committee Charter

(1) A Council must prepare and approve an Audit and Risk Committee Charter.

(2) The Audit and Risk Committee Charter must specify the functions and responsibilities of the Audit and Risk Committee including the following—

(a) monitor the compliance of Council policies and procedures with—

(i) the overarching governance principles; and

(ii) this Act and the regulations and any Ministerial directions;

(b) monitor Council financial and performance reporting;

(c) monitor and provide advice on risk management and fraud prevention systems and controls;

(d) oversee internal and external audit functions.

(3) An Audit and Risk Committee must adopt an annual work program.

(4) An Audit and Risk Committee must—

(a) undertake an annual assessment of its performance against the Audit and Risk Committee Charter; and

(b) provide a copy of the annual assessment to the Chief Executive Officer for tabling at the next Council meeting.

(5) An Audit and Risk Committee must—

(a) prepare a biannual audit and risk report that describes the activities of the Audit and Risk Committee and includes its findings and recommendations; and

(b) provide a copy of the biannual audit and risk report to the Chief Executive Officer for tabling at the next Council meeting.

(6) The Chief Executive Officer must—

(a) ensure the preparation and maintenance of agendas, minutes and reports of the Audit and Risk Committee; and

(b) table reports and annual assessments of the Audit and Risk Committee at Council meetings when required by this Act and when requested by the chairperson of the Audit and Risk Committee.

(7) A Council must approve the first Audit and Risk Committee Charter and establish the first Audit and Risk Committee on or before 1 September 2020.

(8) Despite the repeal of section 139 of the Local Government Act 1989, the audit committee established by a Council under that section in existence before that repeal continues in operation until the first Audit and Risk Committee is established by the Council under section 53.

Pt 2 Div. 9 (Heading and s. 54A) inserted by No. 23/2024 s. 47.

Division 9—Council policies relating to good governance

S. 54A inserted by No. 23/2024 s. 47.

54A Council required to develop, adopt and maintain policies relating to good governance

A Council must develop, adopt and maintain policies in relation to good governance on any prescribed matters to support a Councillor to perform their role in accordance with section 28.

Part 3—Council decision making

Division 1—Community accountability

55 Community engagement policy

(1) A Council must adopt and maintain a community engagement policy.

(2) A community engagement policy must—

(a) be developed in consultation with the municipal community; and

(b) give effect to the community engagement principles; and

(c) be capable of being applied to the making of the Council's local laws; and

(d) be capable of being applied in relation to the Council's budget and policy development; and

(e) describe the type and form of community engagement proposed, having regard to the significance and complexity of the matter and the level of resourcing required; and

(f) specify a process for informing the municipal community of the outcome of the community engagement; and

(g) include deliberative engagement practices which must include and address any matters prescribed by the regulations for the purposes of this paragraph and be capable of being applied to the development of the Community Vision, Council Plan, Financial Plan and Asset Plan and

(h) include any other matters prescribed by the regulations.

(3) A Council must adopt the first community engagement policy under this section on or before 1 March 2021.

56 The community engagement principles

The following are the community engagement principles—

(a) a community engagement process must have a clearly defined objective and scope;

(b) participants in community engagement must have access to objective, relevant and timely information to inform their participation;

(c) participants in community engagement must be representative of the persons and groups affected by the matter that is the subject of the community engagement;

(d) participants in community engagement are entitled to reasonable support to enable meaningful and informed engagement;

(e) participants in community engagement are informed of the ways in which the community engagement process will influence Council decision making.

57 Public transparency policy

(1) A Council must adopt and maintain a public transparency policy.

(2) A public transparency policy must—

(a) give effect to the public transparency principles; and

(b) describe the ways in which Council information is to be made publicly available; and

(c) subject to section 58(b), specify which Council information must be publicly available, including all policies, plans and reports required under this Act or any other Act; and

(d) include any other matters prescribed by the regulations.

(3) A Council must adopt the first public transparency policy under this section on or before 1 September 2020.

(4) For the purposes of the public transparency policy and the public transparency principles, information includes documents.

58 The public transparency principles

The following are the public transparency principles—

(a) Council decision making processes must be transparent except when the Council is dealing with information that is confidential by virtue of this Act or any other Act;

(b) Council information must be publicly available unless—

(i) the information is confidential by virtue of this Act or any other Act; or

(ii) public availability of the information would be contrary to the public interest;

(c) Council information must be understandable and accessible to members of the municipal community;

(d) public awareness of the availability of Council information must be facilitated.

Division 2—Procedure and proceedings

59 Resolution of the Council

(1) Where a Council is empowered to do any act, matter or thing, the decision to do the act, matter or thing is to be made by a resolution of the Council.

(2) For the purposes of subsection (1), resolution of the Council means the following—

(a) a resolution made at a Council meeting;

(b) a resolution made at a meeting of a delegated committee;

(c) the exercise of a power or the performance of a duty or function of the Council by a member of Council staff or a Community Asset Committee under delegation.

60 Governance Rules

(1) A Council must develop, adopt and keep in force Governance Rules for or with respect to the following—

S. 60(1)(a) amended by No. 13/2022 s. 40(a).

(a) the conduct of Council meetings (including holding Council meetings by electronic means of communication);

S. 60(1)(b) amended by No. 13/2022 s. 40(b).

(b) the conduct of meetings of delegated committees (including holding meetings of delegated committees by electronic means of communication);

S. 60(1)(ba) inserted by No. 13/2022 s. 40(c).

(ba) requesting and approval of attendance at Council meetings and meetings of delegated committees by electronic means of communication;

(c) the form and availability of meeting records;

(d) the election of the Mayor and the Deputy Mayor;

(da) the appointment of an Acting Mayor;

(e) an election period policy in accordance with section 69;

(f) the procedures for the disclosure of a conflict of interest by a Councillor or a member of a delegated committee under section 130;

(g) the procedure for the disclosure of a conflict of interest by a Councillor under section 131;

(h) the disclosure of a conflict of interest by a member of Council staff when providing information in respect of a matter within the meaning of section 126(1);

(i) any other matters prescribed by the regulations.

(2) The Governance Rules must provide for a Council to—

(a) consider and make decisions on any matter being considered by the Council fairly and on the merits; and

(b) institute decision making processes to ensure that any person whose rights will be directly affected by a decision of the Council is entitled to communicate their views and have their interests considered.

(3) A Council may amend its Governance Rules.

(4) Subject to subsection (5), a Council must ensure that a process of community engagement is followed in developing or amending its Governance Rules.

(5) Subsection (4) does not apply if the Council is developing and adopting or amending a Governance Rule that only adopts a good practice guideline issued by the Minister under section 87.

(6) A Council must comply with its Governance Rules.

(7) A Council must adopt the first Governance Rules under this section on or before 1 September 2020.

(8) Until a Council adopts Governance Rules under this section, the Local Law Meeting Procedures made by the Council under the Local Government Act 1989 apply as if the Local Law Meeting Procedures had been adopted as Governance Rules under this section.

61 Council meetings

(1) A Council meeting is a meeting of the Council at which—

(a) all the Councillors are, subject to this Act, entitled to attend and vote; and

(b) no other person is entitled to vote; and

(c) a decision to do an act, matter or thing is made by a resolution of the Council.

(2) Except as provided in this Act and subject to the Governance Rules, the conduct of Council meetings is at the Council's discretion.

(3) A Council meeting must be chaired by—

(a) the Mayor; or

(b) if the Mayor is not present at the Council meeting, the Deputy Mayor; or

(c) if the Mayor and the Deputy Mayor are not present at the meeting, a Councillor who is present at the Council meeting and is appointed by a resolution of the Council to chair the meeting.

(4) A quorum at a Council meeting is an absolute majority.

(5) A question before a Council meeting is to be determined as follows—

(a) each Councillor present at a Council meeting who is entitled to vote is entitled to one vote;

(b) voting at a meeting must not be in secret, but if the meeting is closed to the public, a Councillor is not required to divulge their vote to the public;

(c) the question is determined in the affirmative by a majority of the Councillors present at a meeting at the time the vote is taken voting in favour of the question;

(d) subject to subsection (6), if the number of votes in favour of the question is half the number of Councillors present at the meeting at the time the vote is taken, the chairperson has a second vote;

(e) for the purpose of determining the result of a vote, a Councillor present at the meeting who does not vote is to be taken to have voted against the question.

(6) Subsection (5)(d) does not apply where the question is—

(a) the election of a Mayor or a Deputy Mayor; or

(b) a vote to declare the office of Mayor or Deputy Mayor vacant.

S. 61(6A) inserted by No. 13/2022 s. 41.

(6A) For the purposes of this section, a Councillor may attend and be present at a Council meeting by electronic means of communication.

(7) In this section, absolute majority means the number of Councillors which is greater than half the total number of the Councillors of a Council.

62 Joint meetings of Councils

(1) Two or more Councils may determine to hold a joint meeting.

(2) A joint meeting is a Council meeting of each Council for the purposes of this Act and the provisions of this Act, except section 61(3), (4) and (5)(d), apply accordingly.

(3) A joint meeting is to be constituted by the Councillors of the Councils holding the joint meeting consisting of—

(a) the total number of Councillors determined by the Councils holding the joint meeting; and

(b) at least 3 Councillors from each of the Councils holding the joint meeting.

(4) A quorum at a joint meeting is constituted by the number of Councillors that is equal to at least a majority of the Councillors from each of the Councils holding the joint meeting.

(5) Subject to subsections (2) and (6), the procedures for conducting a joint meeting are to be determined by the Councils holding the joint meeting.

(6) A joint meeting must comply with any requirements prescribed by the regulations.

63 Delegated committees

(1) A delegated committee established by a Council—

(a) must include at least 2 Councillors; and

(b) may include any other persons appointed to the delegated committee by the Council who are entitled to vote.

(2) A meeting of a delegated committee established by a Council must be chaired by—

(a) a Councillor appointed by the Council or the Mayor to chair meetings of the delegated committee; or

(b) if the Councillor appointed by the Council or the Mayor to chair meetings of the delegated committee is not present at the meeting, a Councillor who is present at the meeting and is appointed by the members of the delegated committee who are present at the meeting.

(3) Section 61 applies to a meeting of a delegated committee as if the members were Councillors.

64 Joint delegated committees

(1) Two or more Councils may resolve to establish a joint delegated committee.

(2) A joint delegated committee is a delegated committee of each Council that has resolved to establish the joint delegated committee for the purposes of this Act and the provisions of this Act, except section 61(3), (4) and (5)(d), apply accordingly.

(3) A joint delegated committee must include at least one Councillor from each of the Councils that has resolved to establish the joint delegated committee.

(4) A meeting of a joint delegated committee must be chaired by a Councillor from one of the Councils that has resolved to establish the joint delegated committee who is present at the meeting and is appointed by the members of the joint delegated committee who are present at the meeting.

(5) A quorum at a meeting of a joint delegated committee is constituted by the number of members that is equal to at least a majority of the members constituting the joint delegated committee.

(6) Subject to subsection (2) and (7), the procedures for conducting a meeting of a joint delegated committee are to be determined by the Councils that have resolved to establish the joint delegated committee.

(7) A joint delegated committee must comply with any requirements prescribed by the regulations.

65 Community Asset Committee

(1) A Council may establish a Community Asset Committee and appoint as many members to the Community Asset Committee as the Council considers necessary to enable the Community Asset Committee to achieve the purpose specified in subsection (2).

(2) A Council may only establish a Community Asset Committee for the purpose of managing a community asset in the municipal district.

See section 47 for delegation to members of a Community Asset Committee by the Chief Executive Officer.

66 Meetings to be open to the public unless specified circumstances apply

(1) A Council or delegated committee must keep a meeting open to the public unless the Council or delegated committee considers it necessary to close the meeting to the public because a circumstance specified in subsection (2) applies.

(2) The circumstances are—

(a) the meeting is to consider confidential information; or

(b) security reasons; or

(c) it is necessary to do so to enable the meeting to proceed in an orderly manner.

(3) If the circumstance specified in subsection (2)(b) or (2)(c) applies, the meeting can only be closed to the public if the Council or delegated committee has made arrangements to enable the proceedings of the meeting to be viewed by members of the public as the meeting is being held.

S. 66(4) amended by No. 13/2022 s. 42(1).

(4) For the purposes of subsection (3), the arrangements may include provision to view the proceedings on the Internet site of the Council or on closed circuit television.

(5) If a Council or delegated committee determines that a meeting is to be closed to the public to consider confidential information, the Council or delegated committee must record in the minutes of the meeting that are available for public inspection—

(a) the ground or grounds for determining to close the meeting to the public by reference to the grounds specified in the definition of confidential information in section 3(1); and

(b) an explanation of why the specified ground or grounds applied.

S. 66(6) inserted by No. 13/2022 s. 42(2).

(6) In this section—

open to the public means—

(a) in the case of a Council meeting or a joint meeting of Councils—

(i) attendance in person by members of the public; or

(ii) a meeting that is broadcasted live on the Internet site of the Council; or

(iii) any other prescribed means of meeting; or

(b) in the case of a meeting of a delegated committee or a joint delegated committee—

(i) attendance in person by members of the public; or

(ii) a meeting that is broadcasted live on the Internet site of the Council; or

(iii) a meeting that is recorded and published on the Internet site of the Council as soon as practicable after the meeting; or

(iv) any other prescribed means of meeting.

67 Council decision making where quorum cannot be maintained

(1) This section applies if a Council cannot maintain a quorum because of the number of Councillors who have a conflict of interest in a decision in regard to a matter.

(2) The Council must consider whether the decision can be made by dealing with the matter in an alternative manner.

(3) For the purposes of subsection (2), an alternative manner may include—

(a) resolving to split the matter into 2 or more separate parts, so that a quorum can be maintained for each separate part; or

(b) making prior decisions on component parts of the matter at a meeting for which a quorum can be maintained, before deciding the overall matter at a meeting for which a quorum can be maintained.

(4) Subject to complying with any requirements under any other Act, if a Council is unable to use an alternative manner, the Council must decide to establish a delegated committee to make the decision in regard to the matter consisting of—

(a) all the Councillors who have not disclosed a conflict of interest in regard to the matter; and

(b) any other person or persons that the Council considers suitable.

(5) Section 63(2) applies to a delegated committee established under subsection (4) to the extent possible after excluding all the Councillors who have disclosed a conflict of interest in regard to the matter.

68 Validity of proceedings

Proceedings of a Council or a delegated committee are not invalidated because of—

(a) any vacancy in the number of Councillors or members; or

(b) any defect in the election or appointment of a Councillor or member; or

(c) a Councillor or member not being qualified or having ceased to be a Councillor or member; or

(d) any failure to keep a Council meeting open to the public.

69 Governance Rules to include election period policy

(1) A Council must include an election period policy in its Governance Rules.

(2) An election period policy must prohibit any Council decision during the election period for a general election that—

(a) relates to the appointment or remuneration of the Chief Executive Officer but not to the appointment or remuneration of an Acting Chief Executive Officer; or

(b) commits the Council to expenditure exceeding one per cent of the Council's income from general rates, municipal charges and service rates and charges in the preceding financial year; or

(c) the Council considers could be reasonably deferred until the next Council is in place; or

(d) the Council considers should not be made during an election period.

(3) An election period policy must prohibit any Council decision during the election period for a general election or a by-election that would enable the use of Council's resources in a way that is intended to influence, or is likely to influence, voting at the election.

(4) A Council decision made in contravention of subsection (2)(a) or (b) is invalid.

(5) Any person who suffers any loss or damage as a result of acting in good faith on a Council decision that is invalid by virtue of subsection (4) is entitled to compensation from the Council for that loss or damage.

See section 59 in relation to a resolution of the Council.

70 Prohibition of Councillor discretionary funds

A Council must not adopt or implement a policy under which a Councillor is allocated a fixed or other amount of funds for the purpose of enabling the Councillor to nominate—

(a) a particular person, body or organisation to whom the funds are to be paid; or

(b) a particular fund in respect of which the funds are to be applied.

Division 3—Local laws

71 Power to make local laws

(1) A Council may make local laws for or with respect to any act, matter or thing in respect of which the Council has a function or power under this Act or any other Act.

(2) A local law must be consistent with the local law requirements.

(3) A local law is inoperative to the extent that it is inconsistent with the local law requirements.

(4) A local law is a subordinate instrument for the purposes of the Interpretation of Legislation Act 1984.

(5) Despite subsection (3), a local law is not invalid only because there is an error in any notice published under this Division.

(6) Despite the repeal of Part 5 of the Local Government Act 1989, a local law made under that Act continues in force as if that Part had not been repealed and may be amended or revoked by a local law made under this Act.

(7) Section 110 of the Sentencing Act 1991 continues to apply to a local law continued under subsection (6) as if that section had not been amended by item 90 of Schedule 1 to this Act.

72 Local law requirements

The local law requirements are as follows—

(a) a local law must not be inconsistent with any Act (including the Charter of Human Rights and Responsibilities Act 2006) or regulations;

Note to s. 72(a) inserted by No. 7/2022 s. 33.

See, for example, section 3 of the Sex Work Decriminalisation Act 2022.

(b) a local law must not duplicate or be inconsistent with a planning scheme that is in force in the municipal district;

(c) a local law for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles;

(d) a local law must not exceed the power to make local laws conferred by this Act or any other authorising Act;

(e) a local law must be consistent with the objectives of this Act or any other authorising Act;

(f) a local law must be expressed as clearly and unambiguously as is reasonably possible;

(g) unless there is clear and express power to do so under this Act or any other authorising Act, a local law must not—

(i) seek to have a retrospective effect; or

(ii) impose any tax, fee, fine, imprisonment or other penalty; or

(iii) authorise the sub-delegation of powers delegated under the local law;

(h) a local law must comply with any details prescribed in the regulations relating to the preparation and content of local laws.

73 Proposing a local law

(1) Before a Council makes a local law it must comply with the following procedure.

(2) The Council must make a local law in accordance with its community engagement policy.

(3) The Council must publish a notice stating—

(a) the objectives of the proposed local law; and

(b) the intended effect of the proposed local law; and

(c) that a copy of the proposed local law is available for inspection—

(i) at the Council's office; and

(ii) on the Council's Internet site; and

(d) the community engagement process that applies in respect of the making of the local law.

(4) A notice under subsection (3) must be published—

(a) on the Council's Internet site; and

(b) in any other manner prescribed by the regulations for the purposes of this section.

(5) The Council must ensure that a copy of the proposed local law is available for inspection—

(6) If—

(a) the Council proposes to alter a proposed local law in respect of which notice has been given under subsection (3); and

(b) the alteration will affect the rights or responsibilities of any person—

the Council must comply with subsections (2) to (5) and conduct a further community engagement process in respect of the proposed alteration.

74 Making a local law

(1) Before a Council makes a local law, a Council must obtain a certificate from a qualified person stating that the person is of the opinion that the proposed local law is consistent with the local law requirements.

(2) For the purposes of subsection (1), qualified person means a person who—

(a) is an Australian lawyer who has been admitted to the legal profession for at least 5 years; and

(b) is not a Councillor of the Council.

(3) The certificate obtained under subsection (1) must be tabled at the Council meeting at which the proposed local law is to be made.

(4) After a local law is made, the Council must publish a notice stating—

(a) the title of the local law; and

(b) the objectives of the local law; and

(c) the effect of the local law; and

(d) that a copy of the local law is available for inspection—

(i) at the Council's office; and

(ii) on the Council's Internet site.

(5) A notice under subsection (4) must be published—

(a) in the Government Gazette; and

(b) on the Council's Internet site; and

(c) in any other manner prescribed by the regulations for the purposes of this section.

75 Availability of a local law

The Council must ensure that a copy of a local law made under section 74 is available for inspection—

76 Incorporation by reference

(1) A local law may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published by any authority or body whether—

(a) wholly or partially or as amended by the local law; or

(b) as formulated, issued, prescribed or published at the time the local law is made or at any time before then; or

(c) as formulated, issued, prescribed or published from time to time.

(2) If a local law has applied, adopted or incorporated any matter contained in any document, code, standard, rule, specification or method as formulated, issued, prescribed or published from time to time and that document, code, standard, rule, specification or method is at any time amended, until the Council causes notice to be published of that amendment, the document, code, standard, rule, specification or method is to be taken to have not been so amended.

(3) A notice under subsection (2) must be published—

(a) on the Council's Internet site; and

(b) in any other manner prescribed by the regulations for the purposes of this section.

(4) The Council must ensure that a copy of any document, code, standard, rule, specification or method which contains any matter incorporated in a local law is available for inspection—

77 Permits, licences, fees and charges

(1) A local law may—

(a) provide that a Council may by resolution determine a fee, charge, fare or rent in relation to any property, undertaking, good, service or other act, matter or thing; and

(b) prescribe, regulate or determine the purposes for which and the conditions on which a Council may—

(i) grant a permit, licence, authority or registration; or

(ii) perform or supply a service; or

(iii) supply any goods or information; and

(c) prescribe the manner in which an application may be made for a permit, licence, authority or registration; and

(d) prescribe the fee which is payable for the granting, renewal or transfer of a permit, licence, authority or registration.

(2) The power to make a local law imposing fees may be exercised by providing for all or any of the following matters—

(a) specific fees;

(b) maximum or minimum fees;

(c) maximum and minimum fees;

(d) scales of fees according to the value of goods or services provided for the fees or the project being assessed;

(e) the payment of fees either generally or under specified conditions or in specified circumstances;

(f) the reduction, waiver or refund, in whole or in part, of the fees.

(3) If a local law provides for a reduction, waiver or refund, in whole or in part, of a fee, the reduction, waiver or refund may be expressed to apply—

(a) subject to specified conditions or in the discretion of any specified person or body; and

(b) either generally or specifically—

(i) in respect of certain matters or transactions or classes of matters or transactions; or

(ii) in respect of certain documents or classes of documents; or

(iii) when an event happens; or

(iv) in respect of certain persons or classes of persons; or

(v) in respect of any combination of matters, transactions, documents, events or persons.

78 Delegation and discretionary authority

A local law may—

(a) confer a discretionary authority or impose a duty on a specified person or body or a specified class of persons or bodies; and

(b) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Council; and

(c) delegate to the Chief Executive Officer any power specified in the local law; and

(d) authorise the Chief Executive Officer to delegate a power referred to in paragraph (c) to the holder of an office or position as a member of Council staff.

79 Penalties

(1) A local law may—

(a) prescribe a penalty not exceeding 20 penalty units for a contravention of a local law; and

(b) prescribe a penalty not exceeding 2 penalty units for each day after a finding of guilt or conviction for an offence during which the contravention continues; and

(c) prescribe higher penalties (not exceeding 20 penalty units) for a subsequent offence.

(2) If a local law does not expressly prescribe a penalty for a contravention of the local law, the court before which proceedings are brought may impose a penalty not exceeding 10 penalty units.

80 Application of local law

A local law may be expressed so as to do any or all or a combination of the following—

(a) apply at all times or at a specified time;

(b) apply throughout the whole of the municipal district or in a specified part of the municipal district;

(c) apply to all cases or to all cases subject to specified exceptions or to any specified case or class of case;

(d) make provision for all cases or different provision for different cases or classes of case or different provisions for the same case or class of case for different purposes;

(e) require a matter to be in accordance with a specified standard or specified requirement or approved by or to the satisfaction of a specified person or body or a specified class of persons or bodies;

(f) provide in a specified case or class of case for the exception of persons or things or a class of persons or things from the local law, whether unconditionally or on specified conditions and either wholly or to the extent specified.

81 Infringement notices

(1) A local law may provide for a person to be served with an infringement notice specifying an infringement penalty for an offence against the local law as an alternative to a prosecution for the offence.

(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

(3) The local law must specify—

(a) the amount of the infringement penalty; and

(b) the person or class of persons who may issue a notice of infringement.

82 Recovery of penalty

Any penalty recovered for an offence against a local law is to be paid to the Council that made the local law.

83 Commencement of local law

(1) A local law or a provision of a local law comes into operation at the beginning of the day on which the local law is made or at the beginning of such later day as is expressed in the local law as the day on which the local law or provision comes into operation.

(2) Even though a local law has come into operation—

(a) a person cannot be convicted of an offence against the local law if evidence is provided that at the time of the alleged offence the Council had not complied with section 74(4), 75 or 76(4) unless it is proved that at that time reasonable steps had been taken for the purpose of bringing the effect of the local law to the notice of the public or of persons likely to be affected by it or of the person charged; and

(b) a person cannot be prejudicially affected or made subject to any liability by the local law if evidence is provided that at the relevant time the Council had not complied with section 74(4), 75 or 76(4) unless it is proved that at that time reasonable steps had been taken for the purpose of bringing the effect of the local law to the notice of the public or of persons likely to be affected by it or of the person concerned.

84 Sunset provision

(1) Unless sooner revoked, a local law is by this section revoked on the day which is 10 years after the day which is the earliest day on which any provision of the local law came into operation.

(2) If a local law has been amended, subsection (1) applies to the local law as amended from time to time and not to any of the amending local laws.

(3) If a local law is revoked by this section, any local law amending that local law is also revoked.

85 Revocation by Governor in Council

(1) A local law may be revoked in whole or in part by the Governor in Council by an Order in Council on the recommendation of the Minister.

(2) In deciding whether to recommend that a local law be revoked, the Minister must consider—

(a) whether the local law is consistent with the local law requirements; and

(b) any other matter the Minister considers to be appropriate.

86 Validity of local law

A person may dispute the validity of a local law under section 103 of the Supreme Court Act 1986 as if a local law were a by-law.

Division 4—Good practice guidelines

87 Minister may issue good practice guidelines

(1) The Minister may issue good practice guidelines for or with respect to any matter under this Act or the regulations relating to compliance by Councils.

(2) Good practice guidelines must be published on an Internet site maintained by the Department.

(3) Compliance by a Council with a relevant good practice guideline can be used as evidence that the Council has complied with the corresponding requirement under this Act or the regulations.

Part 4—Planning and financial management

Division 1—Strategic planning

88 Community Vision

(1) A Council must maintain a Community Vision that is developed with its municipal community in accordance with its deliberative engagement practices.

(2) The scope of the Community Vision is a period of at least the next 10 financial years.

(3) A Community Vision must describe the municipal community's aspirations for the future of the municipality.

(4) A Council must develop or review the Community Vision in accordance with its deliberative engagement practices and adopt the Community Vision by 31 October in the year following a general election.

(5) The Community Vision adopted under subsection (4) has effect from 1 July in the year following a general election.

89 Strategic planning principles

(1) A Council must undertake the preparation of its Council Plan and other strategic plans in accordance with the strategic planning principles.

(2) The following are the strategic planning principles—

(a) an integrated approach to planning, monitoring and performance reporting is to be adopted;

(b) strategic planning must address the Community Vision;

(c) strategic planning must take into account the resources needed for effective implementation;

(d) strategic planning must identify and address the risks to effective implementation;

(e) strategic planning must provide for ongoing monitoring of progress and regular reviews to identify and address changing circumstances.

90 Council Plan

(1) A Council must prepare and adopt a Council Plan for a period of at least the next 4 financial years after a general election in accordance with its deliberative engagement practices.

(2) A Council Plan must include the following—

(a) the strategic direction of the Council;

(b) strategic objectives for achieving the strategic direction;

(c) strategies for achieving the objectives for a period of at least the next 4 financial years;

(d) strategic indicators for monitoring the achievement of the objectives;

(e) a description of the Council's initiatives and priorities for services, infrastructure and amenity;

(3) A Council must develop or review the Council Plan in accordance with its deliberative engagement practices and adopt the Council Plan by 31 October in the year following a general election.

(4) The Council Plan adopted under subsection (3) has effect from 1 July in the year following a general election.

91 Financial Plan

(1) A Council must develop, adopt and keep in force a Financial Plan in accordance with its deliberative engagement practices.

(2) The scope of a Financial Plan is a period of at least the next 10 financial years.

(3) A Financial Plan must include the following in the manner and form prescribed by the regulations—

(a) statements describing the financial resources required to give effect to the Council Plan and other strategic plans of the Council;

(b) information about the decisions and assumptions that underpin the forecasts in the statements specified in paragraph (a);

(c) statements describing any other resource requirements that the Council considers appropriate to include in the Financial Plan;

(d) any other matters prescribed by the regulations.

(4) A Council must develop or review the Financial Plan in accordance with its deliberative engagement practices and adopt the Financial Plan by 31 October in the year following a general election.

(5) The Financial Plan adopted under subsection (4) has effect from 1 July in the year following a general election.

92 Asset Plan

(1) Subject to subsection (6), a Council must develop, adopt and keep in force an Asset Plan in accordance with its deliberative engagement practices.

(2) The scope of an Asset Plan is a period of at least the next 10 financial years.

(3) An Asset Plan must include the following—

(a) information about maintenance, renewal, acquisition, expansion, upgrade, disposal and decommissioning in relation to each class of infrastructure asset under the control of the Council;

(b) any other matters prescribed by the regulations.

(4) Subject to subsection (6), a Council must develop or review the Asset Plan in accordance with its deliberative engagement practices and adopt the Asset Plan by 31 October in the year following a general election, other than the first general election to be conducted under section 257(1)(a).

(5) The Asset Plan adopted under subsection (4) has effect from 1 July in the year following a general election.

(6) A Council must develop and adopt an Asset Plan under this section in accordance with its community engagement policy by 30 June 2022 following the first general election to be conducted under section 257(1)(a).

(7) The Asset Plan adopted under subsection (6) has effect from 1 July 2022.

93 Revenue and Rating Plan

A Council must prepare and adopt a Revenue and Rating Plan by the next 30 June after a general election for a period of at least the next 4 financial years.

Division 2—Budget processes

94 The budget

(1) A Council must prepare and adopt a budget for each financial year and the subsequent 3 financial years by—

(a) 30 June each year; or

(b) any other date fixed by the Minister by notice published in the Government Gazette.

(2) A Council must ensure that the budget gives effect to the Council Plan and contains the following—

(a) financial statements in the form and containing the information required by the regulations;

(b) a general description of the services and initiatives to be funded in the budget;

(c) major initiatives identified by the Council as priorities in the Council Plan, to be undertaken during each financial year;

(d) for services to be funded in the budget, the prescribed indicators and measures of service performance that are required to be reported against by this Act;

(e) the total amount that the Council intends to raise by rates and charges;

(f) a statement as to whether the rates will be raised by the application of a uniform rate or a differential rate;

(g) a description of any fixed component of the rates, if applicable;

(h) if the Council proposes to declare a uniform rate, the matters specified in section 160 of the Local Government Act 1989;

(i) if the Council proposes to declare a differential rate for any land, the matters specified in section 161(2) of the Local Government Act 1989;

(j) any other information prescribed by the regulations.

(3) The Council must ensure that, if applicable, the budget also contains a statement—

(a) that the Council intends to apply for a special Order to increase the Council's average rate cap for the financial year or any other financial year; or

(b) that the Council has made an application to the ESC for a special Order and is waiting for the outcome of the application; or

(c) that a special Order has been made in respect of the Council and specifying the average rate cap that applies for the financial year or any other financial year.

95 Revised budget

(1) A Council must prepare and adopt a revised budget before the Council—

(a) can make a variation to the declared rates or charges; or

(b) can undertake any borrowings that have not been approved in the budget; or

(c) can make a change to the budget that the Council considers should be the subject of community engagement.

(2) The Council must ensure that a revised budget contains all the information prescribed by the regulations.

(3) A Council must adopt a revised budget as soon as is practicable after it has been developed.

96 Preparation of budget or revised budget

(1) A Council must develop the budget and any revised budget in accordance with—

(a) the financial management principles; and

(b) subject to subsection (2), its community engagement policy.

(2) A Council may develop the first budget under section 94 in accordance with section 223 of the Local Government Act 1989 if the Council has not adopted its first community engagement policy at the time that the budget is being developed.

97 Quarterly budget report

(1) As soon as practicable after the end of each quarter of the financial year, the Chief Executive Officer must ensure that a quarterly budget report is presented to the Council at a Council meeting which is open to the public.

(2) A quarterly budget report must include—

(a) a comparison of the actual and budgeted results to date; and

(b) an explanation of any material variations; and

(c) any other matters prescribed by the regulations.

(3) In addition, the second quarterly report of a financial year must include a statement by the Chief Executive Officer as to whether a revised budget is, or may be, required.

Division 3—Reporting

98 Annual report

(1) A Council must prepare an annual report in respect of each financial year.

(2) An annual report must contain the following—

(a) a report of operations of the Council;

(b) an audited performance statement;

(c) audited financial statements;

(d) a copy of the auditor's report on the performance statement;

(e) a copy of the auditor's report on the financial statements under Part 3 of the Audit Act 1994;

(3) The report of operations of the Council must contain the following—

(a) a statement of progress on implementation of the Council Plan, which includes the results of the strategic indicators;

(b) a statement of progress in relation to the major initiatives identified in the budget or a revised budget;

(c) the prescribed indicators of service performance for the services provided by the Council and funded in the budget during the financial year, the prescribed measures relating to those indicators and the results achieved in relation to those performance indicators and measures;

(d) any other information prescribed by the regulations.

(4) The performance statement must be prepared in accordance with the regulations and contain the following—

(a) the prescribed indicators of service performance for the services provided by the Council and funded in the budget for the financial year, the prescribed measures relating to those indicators and the results achieved in relation to those performance indicators and measures;

(b) the prescribed indicators of financial performance, the prescribed measures relating to those indicators and the results achieved in relation to those performance indicators and measures;

(c) the prescribed indicators of sustainable capacity performance, the prescribed measures relating to those indicators and the results achieved in relation to those performance indicators and measures;

(d) any other information prescribed by the regulations.

(5) The financial statements must—

(a) include any other information prescribed by the regulations; and

(b) be prepared in accordance with the regulations.

99 Preparation of annual report

(1) As soon as practicable after the end of the financial year, a Council must cause to be prepared in accordance with section 98, the performance statement and financial statements of the Council for the financial year.

(2) The Council, after passing a resolution giving its approval in principle to the performance statement and financial statements, must submit the statements to the auditor for reporting on the audit.

(3) The Council must ensure that the performance statement and financial statements, in their final form after any changes recommended or agreed by the auditor have been made, are certified in accordance with the regulations by—

(a) 2 Councillors authorised by the Council for the purposes of this subsection; and

(b) any other persons prescribed by the regulations for the purposes of this subsection.

(4) The auditor must prepare a report on the performance statement.

The auditor is required under Part 3 of the Audit Act 1994 to prepare a report on the financial statements.

(5) The auditor must not sign a report under subsection (4) or under Part 3 of the Audit Act 1994 unless the performance statement or the financial statements (as applicable) have been certified under subsection (3).

(6) The auditor must provide the Minister and the Council with a copy of the report on the performance statement as soon as is reasonably practicable.

The auditor is required under Part 3 of the Audit Act 1994 to report on the financial statements to the Council within 4 weeks and to give a copy of the report to the Minister.

100 Meeting to consider annual report

(1) For the purposes of section 18(1)(d), the Mayor must report on the implementation of the Council Plan by presenting the annual report at a Council meeting open to the public.

(2) The Council meeting must be held—

(a) in the year of a general election, on a day not later than the day before election day; and

(b) in any other year, within 4 months of the end of the financial year.

Division 4—Financial management

101 Financial management principles

(1) The following are the financial management principles—

(a) revenue, expenses, assets, liabilities, investments and financial transactions must be managed in accordance with a Council's financial policies and strategic plans;

(b) financial risks must be monitored and managed prudently having regard to economic circumstances;

(c) financial policies and strategic plans, including the Revenue and Rating Plan, must seek to provide stability and predictability in the financial impact on the municipal community;

(d) accounts and records that explain the financial operations and financial position of the Council must be kept.

(2) For the purposes of the financial management principles, financial risk includes any risk relating to the following—

(a) the financial viability of the Council;

(b) the management of current and future liabilities of the Council;

(c) the beneficial enterprises of the Council.

102 Financial policies

(1) A Council must prepare and adopt financial policies that give effect to the financial management principles.

(2) A financial policy must include any matters prescribed by the regulations.