Local Government (Governance and Integrity) Regulations 2020 (Victoria)

These Regulations prescribe detailed governance and integrity machinery that the Local Government Act 2020 (the Act) delegates to subordinate rule. They do not create high-level policy, they set the nuts and bolts: forms, prescribed content, procedural steps, exclusions and thresholds for compliance. The instrument covers the oath or affirmation of office (reg 5), induction and ongoing professional development requirements for Mayors and Councillors (regs 4A, 6, 6A), the scope of conflicts of interest exemptions (reg 7), the precise content of initial and biannual personal interests returns and the Secretary's power to set monetary thresholds (regs 8, 9), public disclosure rules for summaries of those returns (reg 10), the internal arbitration process for alleged breaches of the Model Councillor Code of Conduct (reg 11), the Model Councillor Code of Conduct itself (Schedule 1), the requirement that Councils implement prescribed internal procedures to handle alleged code breaches (reg 12A and Schedule 1A), and the form and content of confidentiality notices issued under the Act (reg 13 and Schedule 2).

Mechanically, the Regulations do several concrete things. They prescribe the exact items that must be disclosed in an initial personal interests return (reg 8(1)(a)-(m)) and what must be disclosed in a biannual return (reg 9(1)(a)-(n)). They fix biannual reporting windows (reg 9(5): 1-31 March and 1-30 September). They require certain matters to be treated as exempt from conflict-of-interest rules (a non-exhaustive list in reg 7(1)), and they prescribe specific circumstances in which councillors acting in particular representative capacities are exempt from conflict rules (reg 7(2)). They prescribe minimum content for oath/affirmation wording (reg 5(c)), the form and permitted modes for taking it (reg 5(a)-(b)), and the prescribed matters to be covered in induction and mayoral training (regs 4A, 6, 6A). They set the Model Councillor Code of Conduct (Schedule 1) and the required features of a Council's internal resolution procedure, including mandatory conciliation arrangements (Schedule 1A, reg 12A(1)-(2)). The Regulations also prescribe the form of a confidentiality notice and specify permitted disclosures and the rigorous copy-giving obligations linked to permitted disclosures, together with the criminal penalties reproduced verbatim in Schedule 2.

Version No. 003

Local Government (Governance and Integrity) Regulations 2020

S.R. No. 116/2020

Version incorporating amendments as at
25 March 2025

TABLE OF PROVISIONS

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Definitions 2

4A Mayoral training 2

5 Oath or affirmation of office 3

6 Councillor induction training 3

6A Regular professional development training of Councillors 4

7 Exemptions from conflict of interest requirements 4

8 Lodging of an initial personal interests return 9

9 Lodging of a biannual personal interests return 13

10 Public access to summary of personal interests 19

11 Internal arbitration process 21

12 Model Councillor Code of Conduct 22

12A Council required to implement prescribed procedures 23

13 Confidentiality notice 23

Schedule 1—Model Councillor Code of Conduct 24

Schedule 1A—Council required to implement prescribed procedures 29

Schedule 2—Confidentiality notice 31

═════════════

Endnotes 38

1 General information 38

2 Table of Amendments 40

3 Explanatory details 41

Version No. 003

Local Government (Governance and Integrity) Regulations 2020

S.R. No. 116/2020

Version incorporating amendments as at
25 March 2025

1 Objective

The objective of these Regulations is to prescribe for the purposes of the Local Government Act 2020 various matters related to governance and integrity, including the following—

(a) the oath or affirmation of office;

(b) Councillor induction training;

(d) the requirements for initial and biannual personal interests returns;

(e) the internal arbitration process of a Council;

(f) the standards of conduct;

(g) the form of a confidentiality notice.

2 Authorising provision

These Regulations are made under section 325 of the Local Government Act 2020.

3 Commencement

These Regulations come into operation on 24 October 2020.

4 Definitions

In these Regulations—

audio visual link has the same meaning as in Part IIA of the Evidence (Miscellaneous Provisions) Act 1958;

debt does not include a debt owed—

(a) to a family member; or

(b) to an ADI; or

(d) to the State or to the Commonwealth; or

(e) in connection with the supply of ordinary household or office-related goods and services;

family member has the same meaning as in Division 2 of Part 6 of the Act;

the Act means the Local Government Act 2020.

Reg. 4A inserted by S.R. No. 116/2024 reg. 5.

4A Mayoral training

For the purposes of section 27A(6) of the Act, the prescribed matters are the following—

(a) roles and responsibilities;

(b) chairing meetings;

(d) leadership;

(e) any other matter relating to the role of the Mayor which the Chief Executive Officer has determined should be addressed.

5 Oath or affirmation of office

For the purposes of section 30(1) of the Act, the prescribed manner for taking the oath or affirmation of office is—

(a) in accordance with the requirements of Part 2 of the Oaths and Affirmations Act 2018; and

(b) in person or, with the approval of the Chief Executive Officer, by means of an audio visual link; and

Reg. 5(c) amended by S.R. No. 116/2024 reg. 6.

"I will undertake the duties of the office of Councillor in the best interests of the municipal community.

I will abide by the Model Councillor Code of Conduct and uphold the standards of conduct set out in the Model Councillor Code of Conduct.

I will faithfully and impartially carry out and exercise the functions, powers, authorities and discretions vested in me under the Local Government Act 2020 and any other Act to the best of my skill and judgement.".

Reg. 6 substituted by S.R. No. 116/2024 reg. 7.

6 Councillor induction training

For the purposes of section 32(5) of the Act, the prescribed matters are the following—

(a) working together in a Council;

(b) decision making, integrity and accountability;

(d) strategic planning and financial management;

(e) conduct;

(f) land use planning;

(g) any other matter relating to the role of a Councillor which the Chief Executive Officer has determined should be addressed.

Reg. 6A inserted by S.R. No. 116/2024 reg. 8.

6A Regular professional development training of Councillors

(1) For the purposes of section 33A(3)(a)(ii) and (b)(ii) of the Act, the prescribed day is—

(a) in the year of a general election, 1 September; or

(b) in any other year, 31 December.

(2) For the purposes of section 33A(7) of the Act, the prescribed matters are the following—

(a) working together in a Council;

(b) decision making, integrity and accountability;

(d) strategic planning and financial management;

(e) conduct;

(f) land use planning;

(g) any other matter relating to the role of a Councillor which the Chief Executive Officer has determined should be addressed.

7 Exemptions from conflict of interest requirements

(1) For the purposes of section 129(g) of the Act, the following matters are prescribed to be exempt—

(a) the nomination or appointment by the Council of a Councillor to a position for which the Councillor will not be remunerated;

(b) the nomination or appointment by the Council of a Councillor to a position in the Municipal Association of Victoria or in another body that has the purpose of representing the interests of Councils;

(c) a submission by the Council to an electoral structure review under section 16 of the Act or a ward boundary review under section 17 of the Act;

(d) the nomination of a Councillor for election to the office of Mayor or Deputy Mayor;

(e) the election of a Councillor to the office of Mayor or Deputy Mayor under section 25 or 27 of the Act;

(f) the appointment of a Councillor to the office of Acting Mayor under section 20B of the Act;

(g) the payment of allowances to the Mayor, Deputy Mayor or Councillors as provided for under section 39(6) of the Act;

(h) the adoption of an expenses policy by the Council under section 41 of the Act;

Reg. 7(1)(ha) inserted by S.R. No. 116/2024 reg. 9(a).

(ha) the adoption of policies by the Council in relation to good governance under section 54A of the Act;

(i) a decision by the Council to deal with a matter in an alternative manner under section 67 of the Act;

(j) the establishment of a delegated committee under section 67 of the Act;

(k) the appointment of a Councillor as a member or chairperson of a delegated committee;

Reg. 7(1)(l) substituted by S.R. No. 116/2024 reg. 9(b).

(l) the adoption of any prescribed procedures by the Council in relation to dealing with alleged breaches of the Model Councillor Code of Conduct under section 140 of the Act;

(m) an application for an internal arbitration process under section 143 of the Act;

(n) an application to a Councillor Conduct Panel under section 154 of the Act;

(o) an application to VCAT for a review of a Councillor Conduct Panel decision under section 170 of the Act;

(p) a resolution by the Council related to a declaration under section 158(1) of the Local Government Act 1989;

(q) a resolution by the Council that has the effect of making the Councillors eligible or ineligible for the superannuation guarantee under any taxation legislation;

(r) a matter related to preparing or adopting a budget or a revised budget under Part 4 of the Act if—

(i) the budget or revised budget includes funding for that matter; and

(ii) the Council previously approved that matter and the proposed funding for that matter; and

(iii) a Councillor who had a conflict of interest in respect of that matter disclosed the conflict when the Council previously considered and made the decision in respect of that matter and approved the proposed funding for that matter;

(s) a matter related to preparing or adopting a Community Vision, Council Plan, Financial Plan, Asset Plan or Revenue and Rating Plan (a relevant document) under Part 4 of the Act if—

(i) the relevant document includes that matter; and

(ii) the Council previously approved that matter for inclusion in a relevant document; and

(iii) a Councillor who had a conflict of interest in respect of that matter disclosed the conflict when the Council previously considered and made any decisions in respect of the matter;

(t) a matter for which—

(i) a decision by the Council has been made under section 67 of the Act; and

(ii) any component part of the matter in which a Councillor had a conflict of interest has been resolved; and

(iii) the Councillor disclosed the conflict of interest when the Council previously considered that component part of the matter.

Note

Matter is defined in Division 2 of Part 6 of the Act.

(2) For the purposes of section 129(g) of the Act, the circumstances in which a Councillor carries out a function in any of the following positions are prescribed to be exempt—

(a) as a representative of the Council to a Local Government Waste Forum established under the Environment Protection Act 1970;

(b) as a director of a Waste and Resource Recovery Group established under the Environment Protection Act 1970;

(d) as a member of the governing body of a referral authority considering an application under section 56 of the Planning and Environment Act 1987;

(e) as a representative of the Council, or Councils, to the Municipal Association of Victoria or in another body that has a purpose of representing the interests of a Council or Councils;

(f) as an employee of the Crown or of a body established by or under any Act for a public purpose, if the Councillor has no current or expected future responsibilities as that employee that relate to a matter;

(g) as a representative of the Council (with the Council's approval) to an organisation, if the Councillor receives no remuneration as that representative;

(h) as a member of a Planning Application Committee established under the Planning and Environment Act 1987 or as a member or co-opted member of a subcommittee of that Committee.

Note

Matter is defined in Division 2 of Part 6 of the Act.

8 Lodging of an initial personal interests return

(1) For the purposes of section 133(1) and (2) of the Act, the following matters are prescribed—

(a) the details of any corporation of which the specified person is a director or a member of the governing body, including—

(i) the name of the corporation; and

(ii) the ABN or ACN of the corporation (if applicable); and

(iii) the registered address of the corporation; and

(iv) the office held by the specified person; and

(v) the date of appointment of the specified person to the office; and

(vi) a description of the purpose or activities of the corporation;

(b) the details of any unincorporated association in which the specified person is a member and performs a leadership role, including—

(i) the name of the association; and

(ii) the ABN of the association (if applicable); and

(iii) the address of the association (if applicable); and

(iv) the position held by the specified person; and

(v) the date of appointment of the specified person to the position; and

(vi) a description of the purpose or activities of the association;

(i) a description of the purpose or activities of the partnership or joint venture; and

(ii) the ABN of the partnership or joint venture (if applicable);

(d) the details of any trust of which the specified person is a trustee or a beneficiary, including—

(i) the name of the trust; and

(ii) the ABN of the trust (if applicable); and

(iii) the types of assets held by the trust; and

(iv) the purpose of the trust;

(e) subject to subregulation (3), the details of any paid employment of the specified person (other than employment with the Council) during the preceding 6 months, if the income from the employment exceeded $10 000 or the threshold amount determined by the Secretary under subregulation (2) (whichever is greater), including—

(i) the name of the employer; and

(ii) the position held by the specified person; and

(iii) the nature of the business or activities of the employer;

(f) subject to subregulation (3), the details of any person or body for whom the specified person currently is, or has acted as, a consultant, contractor or agent and whose payments to the specified person exceeded $10 000 or the threshold amount determined by the Secretary under subregulation (2) (whichever is greater) during the preceding 6 months, including—

(i) the name of the person or body; and

(ii) the nature of the business or activities conducted by the specified person;

(g) the details of any land located within the municipal district of the Council or an adjoining municipal district of which the specified person is an owner or holds a beneficial interest (other than by way of security for any debt), including—

(i) the full address of the land as it appears on any rates notices issued by the Council; and

(ii) the purpose for which the land is held; and

(iii) the nature of the specified person's interest in the land;

(h) if the specified person is an owner or holds a beneficial interest in any shares and—

(i) the total value of the company does not exceed $10 million or the threshold amount specified by the Secretary under subregulation (2) (whichever is greater); and

(ii) the combined total value of the specified person's shares is more than $10 000 or the threshold amount determined by the Secretary under subregulation (2) (whichever is greater)—

the details of the specified person's shares, including—

(iii) the name of the company; and

(iv) a description of the purpose or activities of the company;

(i) the details of any company in which the specified person, solely or jointly with any family members, holds a controlling interest (within the meaning of section 72(2) of the Payroll Tax Act 2007), including—

(i) the name of the company; and

(ii) a description of the purpose or activities of the company; and

(iii) the name of any other company in which that company holds a controlling interest (within the meaning of section 72(2) of the Payroll Tax Act 2007);

(k) the details of any other interest which the specified person has decided to disclose on the basis that it may give rise to a general conflict of interest or a material conflict of interest within the meaning of section 127 or 128 of the Act;

(l) the details of the specified person submitting the return, including—

(i) the full name of the specified person; and

(ii) the name of the Council; and

(iii) the position held by the specified person at the Council;

(m) a signed statement that the information provided by the specified person is accurate and complete.

(2) For the purposes of subregulation (1)(e), (f), (h)(i), (h)(ii) or (j), the Secretary—

(a) may determine a threshold amount more than the relevant amount specified in each of those provisions; and

(b) must, as soon as practicable after making such a determination, publish in the Government Gazette a notice providing details of the relevant threshold amount for the purposes of each provision; and

(3) Subregulation (1)(e) and (f) do not apply to the extent that providing details of those matters would constitute a breach of a professional or legal obligation not to disclose the information.

9 Lodging of a biannual personal interests return

(1) For the purposes of section 134(1) of the Act, the following matters are prescribed—

(a) the details of any corporation of which the specified person has been a director or member of the governing body at any time since the specified person lodged the preceding initial or biannual personal interests return, including—

(i) the name of the corporation; and

(ii) the ABN or ACN of the corporation (if applicable); and

(iii) the registered address of the corporation; and

(iv) the office held by the specified person; and

(v) the date of appointment of the specified person to the office; and

(vi) a description of the purpose or activities of the corporation;

(b) the details of any unincorporated association in which the specified person has been a member and performed a leadership role at any time since the specified person lodged the preceding initial or biannual personal interests return, including—

(i) the name of the association; and

(ii) the ABN of the association (if applicable); and

(iii) the address of the association (if applicable); and

(iv) the position held by the specified person; and

(v) the date of appointment of the specified person to the position; and

(vi) a description of the purpose or activities of the association;

(c) the details of any business partnership or joint venture of which the specified person has been a member at any time since the specified person lodged the preceding initial or biannual personal interests return, including—

(i) a description of the purpose or activities of the partnership or joint venture; and

(ii) the ABN of the partnership or joint venture (if applicable);

(d) the details of any trust of which the specified person has been a trustee or a beneficiary at any time since the specified person lodged the preceding initial or biannual personal interests return, including—

(i) the name of the trust; and

(ii) the ABN of the trust (if applicable); and

(iii) the types of assets held by the trust; and

(iv) the purpose of the trust;

(e) subject to subregulation (3), the details of any paid employment of the specified person (other than employment with the Council) since the specified person lodged the preceding initial or biannual personal interests return, if the income from the employment exceeded $10 000 or the threshold amount determined by the Secretary under subregulation (2) (whichever is greater), including—

(i) the name of the employer; and

(ii) the position held by the specified person; and

(iii) the nature of the business or activities of the employer;

(f) subject to subregulation (3), the details of any person or body for whom the specified person currently is, or at any time since the specified person lodged the preceding initial or biannual personal interests return, has acted as, a consultant, contractor or agent and whose payments to the specified person exceeded $10 000 or the threshold amount determined by the Secretary under subregulation (2) (whichever is greater), including—

(i) the name of the person or body; and

(ii) the nature of the business or activities conducted by the specified person;

(g) the details of any land located within the municipal district of the Council or an adjoining municipal district of which the specified person was an owner or held a beneficial interest (other than by way of security for a debt) at any time since the specified person lodged the preceding initial or biannual personal interests return, including—

(i) the full address of the land as it appears on any rates notices issued by the Council; and

(ii) the purpose for which the land was held; and

(iii) the nature of the specified person's interest in the land;

(h) if the specified person is an owner or holds a beneficial interest in any shares and—

(i) the total value of the company does not exceed $10 million or the threshold amount specified by the Secretary under subregulation (2) (whichever is greater); and

(ii) the combined total value of the specified person's shares is more than $10 000 or the threshold amount determined by the Secretary under subregulation (2) (whichever is greater)—

the details of the specified person's shares, including—

(iii) the name of the company; and

(iv) a description of the purpose or activities of the company;

(i) the details of any company in which the specified person, solely or jointly with any family members, held a controlling interest (within the meaning of section 72(2) of the Payroll Tax Act 2007) at any time since the specified person lodged the preceding initial or biannual personal interests return, including—

(i) the name of the company; and

(ii) a description of the purpose or activities of the company; and

(iii) the name of any other company in which that company held a controlling interest (within the meaning of section 72(2) of the Payroll Tax Act 2007) at any time since the specified person lodged the preceding personal interests return;

(j) the details of any personal debt exceeding $10 000 or the threshold amount determined by the Secretary under subregulation (2) (whichever is greater) owed by the specified person at any time since the specified person lodged the preceding initial or biannual personal interests return, including the name of the creditor;

(k) subject to subregulation (4), the details of any gift received by the specified person, the value of which equals or exceeds $500 or the threshold amount fixed by the Secretary under subregulation (2) (whichever is greater), including gifts in the form of goods or services and multiple gifts that together equal or exceed that amount, which was received at any time since the specified person lodged the preceding initial or biannual personal interests return, including—

(i) a description of the gift; and

(ii) the monetary value of the gift; and

(iii) the name of the person who gave the gift; and

(iv) if the gift was given on behalf of another person or body, the name of that person or body;

(l) the details of any other interest which the specified person has decided to disclose on the basis that it may give rise to a general conflict of interest or a material conflict of interest within the meaning of section 127 or 128 of the Act;

(m) the details of the specified person submitting the return, including—

(i) the full name of the specified person; and

(ii) the name of the Council; and

(iii) the position held by the specified person at the Council;

(n) a signed statement by the specified person that the information provided is accurate and complete.

(2) For the purposes of subregulation (1)(e), (f), (h)(i), (h)(ii), (j) or (k), the Secretary—

(a) may determine a threshold amount more than the relevant amount specified in each of those provisions; and

(3) Subregulation (1)(e) and (f) do not apply to the extent that providing details of those matters would constitute a breach of a professional or legal obligation not to disclose the information.

(4) Subregulation (1)(k) does not apply in respect of the following—

(a) gifts received by a specified person from a family member;

(b) gifts disclosed in an election campaign donation return made under section 306 of the Act;

(c) any reasonable hospitality received by the specified person at an event or function that the person attended in an official capacity as a Councillor, Chief Executive Officer, member of Council staff or member of a delegated committee.

(5) For the purposes of section 134(1) of the Act, the prescribed periods are—

(a) the period from 1 March to 31 March; and

(b) the period from 1 September to 30 September.

10 Public access to summary of personal interests

(1) For the purposes of section 135(2)(b) of the Act, the following matters are prescribed—

(a) the name of the specified person;

(b) all positions held by the specified person as a Councillor, member of a delegated committee or member of Council staff;

(d) a summary of the information disclosed in the specified person's preceding personal interests return, except the matters listed in subregulation (2), which contains sufficient information to identify the type and nature of the interests disclosed in the return.

(2) For the purposes of section 135(2)(c) of the Act, the matters required to be excluded are the following—

(a) the monetary value or amount of any of the following—

(i) income;

(ii) shares;

(iii) any beneficial interests other than income or shares;

(iv) any debt;

(b) the street address and number of any land owned by the specified person, or in which the specified person has a beneficial interest, if the land is the principal place of residence of any person;

(c) the information which the specified person has requested in writing not to be included, but only if the Chief Executive Officer considers that including the information would—

(i) be reasonably likely to place the personal safety of any person at risk; or

(ii) unreasonably expose a business, commercial or financial undertaking to disadvantage.

11 Internal arbitration process

Reg. 11(1) substituted by S.R. No. 116/2024 reg. 10(1).

(1) For the purposes of section 141(2)(a) of the Act, the prescribed process is that an application for an internal arbitration process specifies—

(a) the name of the Councillor alleged to have breached the Model Councillor Code of Conduct; and

(b) the clause of the Model Councillor Code of Conduct that the Councillor is alleged to have breached; and

(c) the circumstances, actions or inactions of the Councillor who is the subject of the application that are alleged as constituting misconduct; and

(d) the particulars of any evidence of those circumstances, actions or inactions of the Councillor that are alleged as constituting the misconduct; and

(e) with respect to the matter that is the subject of the application—

(i) any steps taken by the Council to resolve the matter; or

(ii) if the Council has not taken any steps to resolve the matter, the reason why the Council did not take any steps to resolve the matter.

(2) For the purposes of section 141(2)(d) of the Act, an arbiter appointed to hear a matter subject to an application under section 143 must—

(a) conduct the hearing with as little formality and technicality as the proper consideration of the matter permits; and

(b) ensure that the hearing is not open to the public.

(3) Subject to subregulation (2), an arbiter—

(a) may hear each party to the matter in person or solely by written or electronic means of communication; and

(b) is not bound by the rules of evidence and may be informed in any manner the arbiter sees fit; and

(i) the application is vexatious, misconceived, frivolous or lacking in substance; or

Reg. 11 (3)(c)(ii) amended by S.R. No. 116/2024 reg. 10(2)(a).

(ii) the applicant has not responded, or has responded inadequately, to a request for further information; or

Reg. 11 (3)(c)(iii) inserted by S.R. No. 116/2024 reg. 10(2)(b).

(iii) the applicant has failed to attend the hearing.

Reg. 12 substituted by S.R. No. 116/2024 reg. 11.

12 Model Councillor Code of Conduct

For the purposes of section 139(3)(a) of the Act, the prescribed Model Councillor Code of Conduct is the Model Councillor Code of Conduct set out in Schedule 1.

Reg. 12A inserted by S.R. No. 116/2024 reg. 11.

12A Council required to implement prescribed procedures

(1) For the purposes of section 140 of the Act, the prescribed procedures are set out in Schedule 1A.

(2) A Council must adopt the prescribed procedures under this regulation by 1 July 2025.

13 Confidentiality notice

For the purposes of section 193(2)(a) of the Act, the prescribed form of a confidentiality notice is the Form in Schedule 2 to these Regulations.

Sch. 1 substituted by S.R. No. 116/2024 reg. 12.

Schedule 1—Model Councillor Code of Conduct

Regulation 12

Definitions

In this Schedule—

discrimination means unfair or unfavourable treatment of a person on the grounds of an attribute specified in section 6 of the Equal Opportunity Act 2010.

1. Performing the role of a Councillor

A Councillor must do everything reasonably necessary to ensure that they perform the role of a Councillor effectively and responsibly, including by—

(a) representing the interests of the municipal community by considering and being responsive to the diversity of interests and needs of the municipal community; and

(b) being fit to perform the role of a Councillor when acting in that capacity or purporting to act in that capacity; and

(d) not performing or purporting to perform any responsibilities or functions of the Chief Executive Officer; and

(e) acknowledging and supporting the Mayor in the performance of the role of the Mayor, including by—

(i) respecting and complying with a ruling of the Mayor as the chair of Council meetings (unless dissenting from the ruling in accordance with the Council's Governance Rules); and

(ii) refraining from making public comment, including to the media, that could reasonably be perceived to be an official comment on behalf of the Council where the Councillor has not been authorised by the Mayor to make such a comment.

2. Behaviours

(1) A Councillor must treat others, including other Councillors, members of Council staff and members of the public, with dignity, fairness, objectivity, courtesy and respect, including by—

(a) not engaging in demeaning, abusive, obscene or threatening behaviour, including where the behaviour is of a sexual nature; and

(b) not engaging in behaviour that intentionally causes or perpetuates stigma, stereotyping, prejudice or aggression against a person or class of persons; and

(d) supporting the Council, when applying the Council's community engagement policy, to develop respectful relationships and partnerships with Traditional Owners, Aboriginal community controlled organisations and the Aboriginal community; and

(e) supporting the Council in fulfilling its obligation under the Act or any other Act (including the Gender Equality Act 2020) to achieve and promote gender equality; and

(f) ensuring their behaviours and interactions with children are in line with the Council's policies and procedures as a child safe organisation and obligations under the Child Wellbeing and Safety Act 2005 to the extent that they apply to Councillors.

(2) A Councillor, as an individual at the workplace, must take reasonable care for their own health and safety and take reasonable care that their acts or omissions do not adversely affect the health and safety of other persons by—

(a) adhering to applicable systems and policies put in place by the Chief Executive Officer to manage risks to health and safety in the workplace; and

(b) complying, so far as the Councillor is reasonably able, with any reasonable instruction that is given by the Chief Executive Officer to manage risks to health and safety.

(3) A Councillor must act in accordance with any policies, practices and protocols developed and implemented under section 46 of the Act that support arrangements for interactions between members of Council staff and Councillors.

3. Good governance

A Councillor must comply with the following Council policies and procedures required for delivering good governance for the benefit and wellbeing of the municipal community—

(a) the Council's expenses policy adopted and maintained under section 41 of the Act;

(b) the Council's Governance Rules developed, adopted and kept in force by the Council under section 60 of the Act, including in relation to—

(i) conduct in Council meetings or meetings of delegated committees; and

(ii) requesting and approval of attendance at Council meetings and meetings of delegated committees by electronic means of communication; and

(iii) the Council's election period policy included in the Council's Governance Rules under section 69 of the Act, including in ensuring that Council resources are not used in a way that is intended to influence, or is likely to influence, voting at a general election or by-election;

(d) any direction of the Minister given under section 175 of the Act.

4. Integrity

(1) A Councillor must act with integrity, exercise reasonable care and diligence and take reasonable steps to avoid any action which may diminish the public's trust and confidence in the integrity of local government, including by—

(a) ensuring that their behaviour does not bring discredit upon the Council; and

(b) not deliberately misleading the Council or the public about any matter related to the performance of their public duties; and

(c) not making Council information publicly available where public availability of the information would be contrary to the public interest.

Note

See the public transparency principles set out in section 58 of the Act.

(2) A Councillor must not, in their personal dealings with the Council (for example as a ratepayer, recipient of a Council service or planning applicant), expressly or impliedly request preferential treatment for themselves or a related person or entity.

5. The Model Councillor Code of Conduct does not limit robust public debate

Nothing in the Model Councillor Code of Conduct is intended to limit, restrict or detract from robust public debate of issues in a democracy.

Sch. 1A inserted by S.R. No. 116/2024 reg. 13.

Schedule 1A—Council required to implement prescribed procedures

Regulation 12A

(1) A Council must implement and adopt an internal resolution procedure that may be followed by Councillors to deal with alleged breaches of the Model Councillor Code of Conduct.

(2) The internal resolution procedure of the Council—

(a) must include a conciliation process that is to be conducted by—

(i) the Mayor; or

(ii) if the Mayor is a party to the matter or is unable to perform the role, functions and duties of the conciliator for any reason, the Deputy Mayor or another person; and

(b) may include any other process that the Council considers appropriate.

(3) Without limiting subclauses (1) and (2), the internal resolution procedure of the Council must—

(a) detail how a matter that is the subject of an alleged breach of the Model Councillor Code of Conduct is to be dealt with, including the circumstances in which the available processes may be used to deal with a matter; and

(b) detail how a Councillor can access the internal resolution procedure, including how a Councillor may initiate a request to have a matter dealt with through the available processes; and

(c) detail, for the purposes of the conciliation process specified in subclause (2)(a) or any other process under subclause (2)(b)—

(i) the roles and responsibilities of the parties to a matter; and

(ii) the role, functions and duties of the person responsible for conducting the relevant process; and

(iii) any support the Council is to make available to the parties or the person conducting the relevant process; and

(iv) the form and availability of a record of any agreement, resolution or outcome reached through the process.

Sch. 2 amended by S.R. No. 9/2025 reg. 4.

Schedule 2—Confidentiality notice

Regulation 13

Local Government Act 2020

Confidentiality Notice

To: [insert name of person subject to confidentiality notice]

Address: [insert address]

THIS CONFIDENTIALITY NOTICE IS IMPORTANT.
PLEASE READ IT CAREFULLY.

FAILURE TO COMPLY WITH THIS CONFIDENTIALITY NOTICE MAY BE AN OFFENCE.

PENALTIES INCLUDING IMPRISONMENT MAY APPLY.

1. What is this notice?

This confidentiality notice is issued under section 193(1) of the Local Government Act 2020 in respect of the following restricted matters:

[specify restricted matter or matters]

Because you have been given this confidentiality notice, you are not permitted to disclose the above restricted matters except as described below in the section headed 'When are you authorised to disclose information?'.

If you disclose a restricted matter when you are not permitted to, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

You should also note that additional obligations under sections 52 and 53 of the Public Interest Disclosures Act 2012 relating to confidentiality of assessable disclosures and people who make assessable disclosures may apply to you.

2. Why have you been given this notice?

You have been given this notice because the Chief Municipal Inspector considers that your disclosure of any of the restricted matters described above would be likely to prejudice:

• an investigation by the Independent Broad-based Anti-corruption Commission ("IBAC") or Integrity Oversight Victoria; or
• the safety or reputation of a person; or
• the fair trial of a person who has been, or may be, charged with an offence.

3. When are you authorised to disclose information?

Please read this section carefully. You can only disclose a restricted matter in the circumstances stated below.

If a person or an organisation does not appear under 'You can disclose this restricted matter:' or under 'Can you disclose in any other circumstances?', then you cannot disclose the restricted matter to that person or organisation. For example, if 'to your spouse or domestic partner' does not appear under those headings, then you cannot disclose the restricted matter to your spouse or domestic partner.

Restricted matter: [Specify restricted matter or matters]

You can disclose this restricted matter: * ✓ to your spouse or domestic partner. * ✓ to your employer or your manager or both. * ✓ to a registered health practitioner for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to a trade union, if you are a member of that union, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to an employee assistance program, for the purpose of seeking advice or support in relation to the investigation in respect of which this notice has been issued. * ✓ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim. * ✓ for the purpose of an application to the Fair Work Commission, including any related proceeding.

The Chief Municipal Inspector has directed that you cannot disclose this restricted matter: * ✗ to your spouse or domestic partner. * ✗ to your employer or your manager. * ✗ to a registered health practitioner. * ✗ to a trade union. * ✗ to an employee assistance program. * ✗ to the Victorian WorkCover Authority for the purpose of a workers' compensation claim. * ✗ for the purpose of an application to the Fair Work Commission, including any related proceeding.

[Repeat table as necessary for any restricted matter that can be disclosed in different circumstances than above.]

Can you disclose in any other circumstances?

You are always permitted to disclose a restricted matter in the following circumstances—

• to the IBAC, if the IBAC:

 referred the complaint to which the restricted matter relates to the Chief Municipal Inspector; and

 has withdrawn that referral.

• for the purposes of making a complaint to Integrity Oversight Victoria or the IBAC;

• for the purposes of complying with a witness summons served on you by Integrity Oversight Victoria under the Integrity Oversight Victoria Act 2011 or by the IBAC under the Independent Broad-based Anti‑corruption Commission Act 2011;

• to Victoria Police, if—

 the Chief Municipal Inspector has disclosed information to the Chief Commissioner of Police relating to actual or potential criminal conduct; and

 the restricted matter is relevant to an investigation by Victoria Police of the actual or potential criminal conduct;

• if the Chief Municipal Inspector directs you or authorises you to disclose a restricted matter;

• if the disclosure is authorised or required by the Local Government Act 2020;

• if the disclosure is necessary for you to obtain any information, document or other thing to comply with a witness summons or a confidentiality notice, a notice cancelling a confidentiality notice or an order of the Supreme Court extending a confidentiality notice, including:

• to an interpreter if you do not know enough English to understand the nature of the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice;

• to a parent, guardian or independent person if you are under the age of 18 years;

• to an independent person, if you are illiterate or have a mental, physical or other impairment that prevents you from understanding the witness summons, confidentiality notice, notice cancelling the confidentiality notice or order extending the confidentiality notice;

• to a legal practitioner for the purposes of obtaining legal advice or representation in relation to an investigation by the Chief Municipal Inspector under the Local Government Act 2020, or your rights, liabilities, obligations and privileges under any of the following:

 the Local Government Act 2020;

 the Public Interest Disclosures Act 2012;

 the Independent Broad-based Anti-corruption Commission Act 2011;

 the Integrity Oversight Victoria Act 2011;

 the Ombudsman Act 1973;

 the Fair Work Act 2009 of the Commonwealth;

• if you are a legal practitioner, for the purposes of complying with a legal duty of disclosure or a professional obligation arising from your relationship with your client;

• if the restricted matter disclosed is information that has been made public in accordance with the Local Government Act 2020 or any other Act;

• if the restricted matter disclosed is information that has been published in a report by the Chief Municipal Inspector, Integrity and Oversight Committee or any of the following investigating entities:

 the IBAC;

 Victoria Police;

 the Victorian Ombudsman;

 Integrity Oversight Victoria;

 the Judicial Commission, including an investigating panel appointed by the Judicial Commission;

 the Racing Integrity Commissioner;

· the Information Commissioner;

· the Parliamentary Workplace Standards and Integrity Commission.

**Your obligations if you make a permitted disclosure**

If you disclose information about a restricted matter to another person because the disclosure is permitted, you must, when making that disclosure, give that person a copy of this confidentiality notice, and any order extending this confidentiality notice, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

In addition, if this confidentiality notice is replaced by a new confidentiality notice or if it is cancelled or extended, you must give a copy of the new confidentiality notice or the notice of cancellation or extension to each person to whom you have made a disclosure, unless you have a reasonable excuse for not doing so. If you do not have a reasonable excuse, you can face severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both.

4. When does this confidentiality notice expire?

This confidentiality notice expires on the date when the first of the following events occurs:

• the Chief Municipal Inspector cancels this confidentiality notice and issues you with a new one that refers to a different restricted matter;

• the Chief Municipal Inspector cancels this confidentiality notice and issues you with a new one because the Inspector considers on reasonable grounds that disclosure of a particular restricted matter specified in the notice would no longer have the effect of prejudicing—

 an investigation by the IBAC or Integrity Oversight Victoria; or

 the safety or reputation of a person; or

 the fair trial of a person who has been, or may be, charged with an offence;

 the Chief Municipal Inspector cancels this confidentiality notice because the Inspector considers on reasonable grounds that disclosure of the restricted matter or restricted matters specified in the notice would no longer have the effect of prejudicing—

 an investigation by the IBAC or Integrity Oversight Victoria; or

 the safety or reputation of a person; or

 the fair trial of a person who has been, or may be, charged with an offence;

• unless the Supreme Court has ordered the extension of this confidentiality notice, when the Chief Municipal Inspector cancels this confidentiality notice at the conclusion of the investigation;

• if the date on which this confidentiality notice expires is extended by the Supreme Court, the date on which the period of extension expires.

5. Where can I get more information about this confidentiality notice?

A copy of the relevant law about confidentiality notices is attached to this confidentiality notice.

You can also obtain legal advice about this confidentiality notice from a legal practitioner.

[attach:

 a copy of sections 193(3) to (7), 194 and 196 of the Local Government Act 2020 and an explanation of the effect of those provisions;

 if applicable, a copy of Part 7 of the Public Interest Disclosures Act 2012.]

[signature]

[name]

[title]

[date]

Delete if inapplicable.

═════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Local Government (Governance and Integrity) Regulations 2020, S.R. No. 116/2020 were made on 20 October 2020 by the Governor in Council under section 325 of the Local Government Act 2020, No. 9/2020 and came into operation on 24 October 2020: regulation 3.

The Local Government (Governance and Integrity) Regulations 2020 will sunset 10 years after the day of making on 20 October 2030 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Local Government (Governance and Integrity) Regulations 2020 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Local Government (Governance and Integrity) Amendment Regulations 2024, S.R. No. 116/2024

Date of Making:	22.10.24
Date of Commencement:	26.10.24: reg. 3

Local Government (Governance and Integrity) Amendment Regulations 2025, S.R. No. 9/2025

Date of Making:	25.3.25
Date of Commencement:	25.3.25

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3 Explanatory details

No entries at date of publication.

1 Local Government (Governance and Integrity) Regulations 2020

Version No. 003

Local Government (Governance and Integrity) Regulations 2020

S.R. No. 116/2020

Version incorporating amendments as at
25 March 2025

TABLE OF PROVISIONS

Regulation Page

1 Objective 1

2 Authorising provision 1

3 Commencement 1

4 Definitions 2

4A Mayoral training 2

5 Oath or affirmation of office 3

6 Councillor induction training 3

6A Regular professional development training of Councillors 4

7 Exemptions from conflict of interest requirements 4

8 Lodging of an initial personal interests return 9

9 Lodging of a biannual personal interests return 13

10 Public access to summary of personal interests 19

11 Internal arbitration process 21

12 Model Councillor Code of Conduct 22

12A Council required to implement prescribed procedures 23

13 Confidentiality notice 23

Schedule 1—Model Councillor Code of Conduct 24

Schedule 1A—Council required to implement prescribed procedures 29

Schedule 2—Confidentiality notice 31

═════════════

Endnotes 38

1 General information 38

2 Table of Amendments 40

3 Explanatory details 41

Version No. 003

Local Government (Governance and Integrity) Regulations 2020

S.R. No. 116/2020

Version incorporating amendments as at
25 March 2025

1 Objective

The objective of these Regulations is to prescribe for the purposes of the Local Government Act 2020 various matters related to governance and integrity, including the following—

(a) the oath or affirmation of office;

(b) Councillor induction training;

(d) the requirements for initial and biannual personal interests returns;

(e) the internal arbitration process of a Council;

The Regulations operationalise a small set of recurring legal concepts from the Act and related statutes. Those concepts are: personal interests disclosure, conflicts of interest and exemptions from them, codes of conduct and enforcement paths, confidentiality notices, prescribed training, and internal dispute resolution.

Personal interests returns. Regulations 8 and 9 set out what information a “specified person” (a Councillor or other person required by the Act) must include in initial and biannual returns. The core concept is comprehensive mapping of private and commercial connections that could give rise to a general or material conflict of interest under the Act (see reg 8(1)(a)-(m) and reg 9(1)(a)-(n)). The returns capture directorships, leadership roles in associations, partnerships, trusts, paid employment outside the Council (subject to a $10 000 floor or a Secretary-set higher threshold), consultancy engagements, land ownership within the municipal or adjoining municipal district, shareholdings below a company-value ceiling, controlling interests, and debts over specified monetary thresholds. For biannual returns, gifts exceeding $500 (or a higher Secretary threshold) received since the previous return must be disclosed, subject to limited exceptions (reg 9(1)(k) and reg 9(4)).

Threshold discretion. The Secretary is given express delegated power to set thresholds higher than the statutory base amounts in several provisions, and must publish any determination in the Government Gazette (regs 8(2), 9(2)). This creates a dynamic monetary floor that can be altered administratively without an amending regulation.

Conflict-of-interest exemptions. Regulation 7 lists many specific decisions and positions that are “prescribed to be exempt” for the purposes of section 129(g) of the Act, for example, nomination or appointment to unpaid positions, election to Mayor or Deputy Mayor, adoption of expenses policies, adoption of prescribed procedures dealing with alleged code breaches, certain budgeting decisions where prior disclosure and approval occurred (reg 7(1)(r)-(s)), and representative roles to specified external bodies (reg 7(2)). The concept is that some ordinary governance choices or representative roles will not trigger the statutory conflict rules by virtue of the regulation.

Model Code of Conduct and procedures. Schedule 1 contains the Model Councillor Code of Conduct, addressing performing the role of a Councillor, behaviours, good governance, and integrity obligations. The Regulations make Schedule 1 the official model (reg 12). Schedule 1A prescribes that Councils must implement an internal resolution procedure containing a mandatory conciliation process, typically conducted by the Mayor or Deputy Mayor, and set out minimum content for access, roles, supports and record-keeping (reg 12A(1), Sch 1A).

Internal arbitration. Regulation 11 prescribes application form content for internal arbitration under section 141 of the Act, privacy of hearings (not open to the public, reg 11(2)(b)), procedural informality and an arbiter’s discretion to be not bound by formal rules of evidence (reg 11(2)(a), (3)(b)). The arbiter may discontinue hearings for specified reasons (reg 11(3)(c)).

Confidentiality notice. Schedule 2 reproduces the form and text of the confidentiality notice required by section 193(2)(a) of the Act, details permitted disclosures and the circumstances where disclosure is allowed, lists the severe criminal penalties for unauthorised disclosure, and obliges a recipient who makes a permitted disclosure to give a copy of the confidentiality notice to the recipient of the disclosure (Schedule 2, various clauses). The notice identifies the Chief Municipal Inspector as the issuer and cross-references IBAC, Integrity Oversight Victoria, and other oversight agencies.

Cross-references to other statutes are frequent. The oath refers to the Oaths and Affirmations Act 2018 (reg 5(a)). Representative roles and planning committees reference the Planning and Environment Act 1987 and other Acts (reg 7(2)(d), Sch 1). Confidentiality notices cross-check the Public Interest Disclosures Act 2012 and multiple oversight Acts (Schedule 2).

Conceptually, the package moves from abstract duties in the Act to operationalised record-keeping, thresholds, prescribed training curricula, formalised internal-resolution machinery and a tightly worded confidentiality instrument with statutory penalties.

Directly affected persons and entities can be listed with the specific regulatory hooks that bring them within scope.

Councillors. The Regulations primarily bind Councillors. They set the required contents of initial and biannual personal interests returns for “specified persons” (regs 8 and 9), and they make the Model Councillor Code of Conduct (Schedule 1) binding as the baseline model that Councils must follow (reg 12). Councillors must undertake induction training and regular professional development mapped out in regs 6 and 6A. Councillors who are parties to alleged breaches will be subject to internal arbitration and Council internal resolution procedures prescribed in reg 11 and reg 12A and Schedule 1A.

Mayors and Deputy Mayors. The Regulations prescribe mayoral training matters (reg 4A), and the oath wording requires Councillors expressly to acknowledge and uphold the Model Code (reg 5(c)). Schedule 1A requires that the conciliation process in internal resolution procedures be conducted by the Mayor, or Deputy Mayor or another person if the Mayor is a party or unable to act (Sch 1A(2)(a)). The Mayor therefore has a formalised operational role in the local internal dispute mechanism.

Councils as corporate entities. Councils must implement and adopt the prescribed internal resolution procedures by 1 July 2025 (reg 12A(2)). Councils are required to maintain and publish summaries of personal interests returns in ways prescribed by reg 10, and to adopt and keep in force certain governance policies identified in the Model Code (Sch 1, cl 3). The Chief Executive Officer of a Council performs specific gatekeeping roles: approving audio-visual oaths (reg 5(b)), determining additional training matters for Councillors and Mayors (regs 4A(1)(e), 6(1)(g), 6A(2)(g)), and assessing whether certain information should be excluded from the public summary because disclosure would reasonably be likely to place personal safety at risk or unreasonably expose a commercial undertaking to disadvantage (reg 10(2)(c)).

The Secretary (State) and Chief Municipal Inspector (State). The Secretary (to the department responsible for local government) may set monetary thresholds above baseline amounts for employment income, payments, share/value ceilings and debt disclosure, and must publish such determinations in the Government Gazette (regs 8(2), 9(2)). The Chief Municipal Inspector issues confidentiality notices, and Schedule 2 specifies the grounds for issuing them, the permitted disclosures, and the severe penalties for non-compliance.

Employees, consultants and third parties. Persons or bodies who employ, contract or otherwise engage Councillors must be reported in returns when payments exceed the monetary thresholds (regs 8(1)(f), 9(1)(f)). The Regulations also affect external representative bodies to which Councillors are appointed, for example the Municipal Association of Victoria (reg 7(1)(b) and reg 7(2)(e)), and nominated planning committees, waste groups and the Country Fire Authority where the councillor’s role is prescribed as exempt (reg 7(2)(a)-(h)).

Members of the public and media. The public has limited access rights to summaries of personal interests (reg 10), but the Regulations prescribe specific exclusions from disclosure (reg 10(2)). Internal arbitration hearings are required to be non-public (reg 11(2)(b)). Confidentiality notices can criminalise unauthorised disclosures and limit public dissemination where a Chief Municipal Inspector issues a notice (Schedule 2).

Oversight bodies. The text explicitly interacts with IBAC, Integrity Oversight Victoria, the Victorian Ombudsman, the Judicial Commission and others in the confidentiality notice’s list of bodies whose published reports can render information no longer “restricted” under a confidentiality notice (Schedule 2). Those bodies appear as both sources of permitted disclosure and entities whose investigative referrals influence confidentiality.

Who pays. Administrative and compliance costs fall primarily on Councils and the State bureaucracy. Councils must design and adopt internal resolution procedures meeting Schedule 1A requirements by 1 July 2025 (reg 12A(2)), collect and publish personal interests data, manage training, and administer internal arbitration processes. The Secretary’s power to set thresholds imposes an ongoing monitoring burden on Councils and individuals who must track Gazette notices. Individual Councillors bear the time cost of preparing detailed returns and undergoing training, and risk criminal penalties for breaching confidentiality notices.

Who decides. The instrument centralises several decision rights: the Secretary decides thresholds, the Chief Municipal Inspector issues confidentiality notices, the Chief Executive Officer of each Council approves audiovisual oath-taking and determines additional training matters, and Councils themselves must adopt procedures that meet the prescribed minimums (reg 12A, Sch 1A).

Duties imposed by the Regulations are mainly disclosure, training, code compliance and procedural duties. Rights are limited and procedural.

Disclosure duties. The Regulations require specified content in personal interests returns. Initial returns must include detailed information about corporate roles, associations, partnerships, trusts, paid employment (subject to thresholds), consultancy engagements, land ownership within or adjoining the municipal district, shares where company value and personal share value meet the thresholds, controlling interests, significant personal debts, and any other interests voluntarily disclosed because they may give rise to conflicts (reg 8(1)(a)-(l)). Biannual returns require updates in the same categories plus gifts above the $500 threshold (reg 9(1)(a)-(n)). A signed statement of accuracy is obligatory in both initial and biannual returns (reg 8(1)(m), reg 9(1)(n)). Biannual returns must be lodged within prescribed periods (reg 9(5)).

Training duties. Mayoral training matters are prescribed in reg 4A and Councillor induction and ongoing professional development matters in regs 6 and 6A(2). Regulation 6A(1) fixes the prescribed day by which Councillors must meet the regular professional development requirement: 1 September in election years and 31 December otherwise.

Code of conduct duties. Councillors are required to “abide by the Model Councillor Code of Conduct” as part of the oath or affirmation (reg 5(c)). The Model Code (Schedule 1) imposes duties of effective performance of the role, respectful behaviours, compliance with Council governance rules and expenses policies, integrity obligations including not deliberately misleading the Council or public, and a prohibition on requesting preferential treatment in personal dealings with the Council (Sch 1 clauses 1-4).

Council procedural duties. Councils must adopt prescribed internal resolution procedures to deal with alleged breaches of the Model Code by 1 July 2025 (reg 12A(2)). Schedule 1A defines minimum content including a conciliation process conducted by the Mayor or Deputy Mayor where available (Sch 1A(2)). Councils must maintain policies required for good governance, including an expenses policy and Governance Rules, and make those policies available as part of the Code’s obligations (Sch 1 cl 3).

Internal arbitration duties. Applicants for internal arbitration must include specified particulars in their application: name of the Councillor alleged to have breached the Code, clause alleged breached, circumstances/actions/inactions alleged to constitute misconduct, particulars of evidence, and steps taken by Council to resolve the matter or the reason why no steps were taken (reg 11(1)(a)-(e)). Arbiters must conduct hearings privately and with as little formality as proper consideration permits; they are not bound by rules of evidence (reg 11(2)-(3)).

Confidentiality notice duties. The Schedule 2 form establishes duties for recipients: they must not disclose restricted matters except in tightly prescribed circumstances, they must give a copy of the confidentiality notice to anyone to whom they make a permitted disclosure, and they must provide copies of replacement or cancellation notices to prior recipients of permitted disclosures (Schedule 2 clauses “Your obligations if you make a permitted disclosure” and “What is this notice?”). The Schedule reproduces statutory penalties for unauthorised disclosure, up to 12 months imprisonment or a fine of 120 penalty units or both.

Discretionary powers (rights held by officials). The Secretary’s power to determine and vary thresholds (regs 8(2), 9(2)) is a significant delegated right. The Chief Executive Officer has discretion to approve audio-visual oaths (reg 5(b)) and to determine additional training matters (regs 4A(1)(e), 6(1)(g), 6A(2)(g)). The Chief Executive Officer also has an evaluative discretion when considering whether a specified person’s request that certain information not be included in the public summary should be accepted because disclosure would place personal safety at risk or unreasonably expose a business to disadvantage (reg 10(2)(c)).

Limited public rights and exclusions. The Regulations create a public access right to a summary of personal interests returns (reg 10(1)). The summary must include the name of the specified person, positions held, date the preceding return was lodged, and a summary of disclosed interests, but expressly excludes monetary values and the street address of a person’s principal residence, and allows CEO discretion to exclude additional information for safety or commercial reasons (reg 10(2)). Internal arbitration hearings are private by prescription (reg 11(2)(b)), which modulates public scrutiny.

Procedural protections. Arbiters may discontinue hearings if applications are vexatious, misconceived or lacking in substance, or if applicants fail to respond to requests for further information or fail to attend (reg 11(3)(c)(i)-(iii)). Schedule 1A requires that internal resolution procedures set out roles, responsibilities, supports and record-keeping (Sch 1A(3)(c)). These provisions create formal procedural steps and limited protective mechanisms for parties.

The Regulations themselves embed enforcement mechanics and expressly reproduce or reference statutory penalties in a few places, most notably in the confidentiality notice.

Criminal penalties tied to confidentiality notices. Schedule 2 reproduces the warning that unauthorised disclosure of a restricted matter under a confidentiality notice may attract “severe penalties, including up to 12 months in prison or a fine of up to 120 penalty units or both” (Schedule 2, opening and clause 1). The Schedule then sets out obligations linked to permitted disclosures, and attaches the same warnings to failures to provide copies of the confidentiality notice to third parties to whom a permitted disclosure is made. These are mandatory procedural duties, with the text emphasising criminal exposure for non-cleared disclosures and for failure to provide required copies of the notice or replacement notices.

Administrative discontinuance and filtering. The internal arbitration provisions give arbiters power to discontinue hearings where the application is vexatious, misconceived, frivolous or lacking in substance, where the applicant has not responded adequately to a request for further information, or where the applicant fails to attend (reg 11(3)(c)(i)-(iii)). This is a low-threshold procedural gatekeeping mechanism that functions as an enforcement filter.

Public accountability via disclosure obligations and public summaries. Enforcement is not only punitive; the Regulations rely heavily on transparency as a compliance mechanism. The mandatory content of returns and the public summary requirement (reg 10(1)) operate as reputational enforcement mechanisms, subject to enumerated exclusions (reg 10(2)). The Secretary’s publication power for threshold determinations also provides an administrative enforcement channel: those thresholds operate as compliance triggers.

Council-level enforcement and internal processes. Councils are required to adopt internal resolution procedures that include conciliation and other processes, and must detail how alleged code breaches are dealt with and how Councillors can access the procedure (reg 12A(1)-(2), Sch 1A(3)(a)-(c)). These procedures create an internal enforcement infrastructure; reg 12A requires adoption by 1 July 2025.

Delegated discretion with enforcement consequences. The Chief Executive Officer’s discretion to approve audio-visual oaths and to determine additional training matters, and the CEO’s discretion to exclude information from public summaries for safety or commercial disadvantage, are administrative enforcement levers that can meaningfully affect compliance and public transparency (reg 5(b), regs 4A(1)(e), 6(1)(g), 6A(2)(g), reg 10(2)(c)).

Cross-agency investigative referrals. Schedule 2 expressly contemplates coordination with IBAC, Integrity Oversight Victoria, Victoria Police and other oversight bodies. The confidentiality notice establishes when referral and investigative status can render a restricted matter disclosable to certain agencies or the subject of permitted disclosures. The Regulations therefore sit within a broader enforcement ecosystem involving external investigative agencies.

Penalties not otherwise specified. Apart from the confidentiality-related criminal penalties reproduced in Schedule 2, the Regulations do not create a general new suite of fines or pecuniary sanctions. Enforcement mechanisms otherwise arise from prescribed procedures, public disclosure and the Act’s powers and penalties outside the Regulations themselves. The Regulations specify procedural requirements which, if not met, may produce consequences under the Act or other laws, but the statutory text in the Regulations focuses enforcement attention on confidentiality breaches and on the procedural gating of internal arbitration.

The Regulations are heavily cross-referential. They operate as subordinate instruments under section 325 of the Local Government Act 2020 (reg 2). They import, rely upon and coordinate with multiple Acts across evidence, planning, taxation, oversight and disclosure regimes.

Local Government Act 2020. The Regulations are made under s 325 of the Act (reg 2) and repeatedly specify matters “for the purposes” of named provisions of the Act. For example, reg 5 prescribes the manner and form of the oath required by s 30(1) of the Act. Reg 6 prescribes induction training matters under s 32(5) and reg 6A prescribes professional development matters under s 33A. Reg 7 interprets what is “prescribed to be exempt” for the purposes of s 129(g) of the Act. Regs 8 and 9 prescribe the content of initial and biannual personal interests returns for the purposes of ss 133 and 134 of the Act. Reg 10 prescribes the content and exclusions for public summaries under s 135 of the Act. Reg 11 describes the prescribed internal arbitration process for s 141(2) and s 143 applications. Reg 12 designates the Model Councillor Code of Conduct for the purposes of s 139(3)(a). Reg 12A requires Councils to implement prescribed procedures for the purposes of s 140. Reg 13 prescribes the form of a confidentiality notice for s 193(2)(a) of the Act.

Oaths and evidence. The oath or affirmation form must be taken in accordance with Part 2 of the Oaths and Affirmations Act 2018 (reg 5(a)). The definition of “audio visual link” references Part IIA of the Evidence (Miscellaneous Provisions) Act 1958 (reg 4). These cross-references determine both formal validity of the oath and the technical meaning of audiovisual attendance.

Planning, environment and emergency service Acts. Reg 7(2) expressly prescribes that certain representative roles are exempt from conflict-of-interest provisions, including roles connected to the Environment Protection Act 1970 (Local Government Waste Forum, Waste and Resource Recovery Groups), the Country Fire Authority Act 1958, and the Planning and Environment Act 1987 (members of governing bodies or planning application committees). This coordinates local government conflict rules with externally constituted bodies and planning processes.

Taxation and payroll definitions. The Regulations borrow the definition of “controlling interest” from s 72(2) of the Payroll Tax Act 2007 when describing when share and company disclosures should be made (regs 8(1)(i), 9(1)(i)). This anchors disclosure thresholds and tests to existing federal or state taxation definitions.

Oversight, integrity and disclosure Acts. Schedule 2’s confidentiality notice cross-references the Public Interest Disclosures Act 2012 (sections 52 and 53) and lists investigative bodies whose published reports can render restricted information public, including the Independent Broad-based Anti-corruption Commission Act 2011, the Integrity Oversight Victoria Act 2011, the Ombudsman Act 1973, and the Fair Work Act 2009 of the Commonwealth, among others. The confidentiality notice therefore functions within a multi-agency oversight framework and recognises statutory interaction with whistleblower regimes and criminal investigative agencies.

Subordinate Legislation and interpretation. The Endnotes record that the Regulations were made under s 325 of the Act and will sunset ten years after the day of making under the Subordinate Legislation Act 1994 (Endnotes 1). The interpretation notes also reference the Interpretation of Legislation Act 1984, confirming that headings, notes and punctuation form part of the Statutory Rule to the extent set out in that Act (Endnotes 1).

Interlocking administrative powers. The Secretary’s power to determine and publish thresholds in the Government Gazette interacts with administrative law norms, but the Regulations themselves do not set further constraints on variation or revocation beyond the publication requirement (regs 8(2), 9(2)). The Chief Executive Officer’s discretion over audiovisual oaths and exclusions from public summaries (reg 5(b), reg 10(2)(c)) creates internal administrative decisions that sit between statutory prescription and on-the-ground transparency.

What the Regulations do not do. They do not, within their text, create new independent criminal offences beyond reproducing confidentiality penalties already provided in the Act. They specify procedural and disclosure duties, they set administrative discretions, and they embed interactions with existing oversight frameworks. They also do not set time-limits for initial personal interests returns within the text provided; time-limits may be specified in the Act itself but are not recited in the Regulations.

This published version of the Regulations incorporates two later amending Statutory Rules, both identified in the Endnotes and the Table of Amendments. The parent instrument was made on 20 October 2020 and commenced on 24 October 2020 (reg 3; Endnotes 1). The Regulations have been amended by:

Local Government (Governance and Integrity) Amendment Regulations 2024, S.R. No. 116/2024, made 22 October 2024, commencing 26 October 2024 (Table of Amendments entries reflected in multiple substitution and insertion notes across the Regulations); and
Local Government (Governance and Integrity) Amendment Regulations 2025, S.R. No. 9/2025, made 25 March 2025, commencing 25 March 2025 (Table of Amendments entries).

The statutory marginal notes in the Regulations record where later amending rules have substituted or inserted provisions. Examples visible in the text include:

Regulation 4A (Mayoral training) inserted by S.R. No. 116/2024 reg 5.
Regulation 5(c) was amended and later substituted by S.R. No. 116/2024 reg 6 and reg 7 respectively, as noted by the marginal notes.
Regulation 6A (Regular professional development training of Councillors) was inserted by S.R. No. 116/2024 reg 8.
Regulation 7 saw insertion and substitution notes linked to S.R. No. 116/2024 reg 9(a) and reg 9(b), respectively, showing incremental amendment to the conflict-of-interest exemption list.
Regulation 11 was substituted by S.R. No. 116/2024 reg 10(1) and further amended by reg 10(2)(a) and reg 10(2)(b), which inserted and altered grounds on which an arbiter may discontinue a hearing.
Schedule 1 was substituted by S.R. No. 116/2024 reg 12.
Regulation 12A and Schedule 1A were inserted by S.R. No. 116/2024 reg 11 and reg 13, which created the Council-prescribed procedures requirement and its contents.
Schedule 2 was amended by S.R. No. 9/2025 reg 4, per the marginal note.

The consolidated version identifies each substitution and insertion at the precise regulation number. The Endnotes’ Table of Amendments lists the two amending statutory rules and their dates of making and commencement, but the Explanatory details section records “No entries at date of publication”, indicating no separate explanatory memorandum entries in the consolidated volume at the time of printing.

Practical effect of amendments. The 2024 amending Regulations expanded and adjusted the framework in several places: they created the mayoral training prescription (4A), required Councils to implement prescribed procedures (12A and Schedule 1A), substituted a revised Model Councillor Code (Schedule 1), and tightened or clarified procedural aspects of the internal arbitration process (reg 11). The 2025 amendment, per Endnotes and marginal notes, amended Schedule 2 text. The precise textual changes are flagged in the regulation marginal notes and the Schedule annotations.

Sunset and ongoing review. The Endnotes state that the Statutory Rule will sunset 10 years after the day of making, that is on 20 October 2030, pursuant to the Subordinate Legislation Act 1994. This creates an expiry horizon for the instrument unless re-made or extended before that date.

The legislative text and the Endnotes contain no references to judicial decisions, reviews or case law involving these Regulations. The Explanatory details state “No entries at date of publication”, and the Table of Amendments lists only subsequent amending statutory rules (S.R. No. 116/2024 and S.R. No. 9/2025). There is therefore no litigation history recorded within this instrument itself.

Absent domestic litigation references in the consolidated text, the Regulations nonetheless create multiple decision points and administrative acts that could, in principle, attract judicial review or other legal proceedings under existing administrative law or statutory oversight frameworks. For example, the Secretary’s determinations of thresholds under regs 8(2) and 9(2) are administrative actions published in the Government Gazette; the legality of such determinations could be susceptible to challenge on standard administrative law grounds, but no case law is recorded here. Similarly, a Chief Municipal Inspector’s decision to issue a confidentiality notice or to cancel or replace one (Schedule 2) would be an exercise of statutory power under the Act and could attract judicial review or statutory appeal pathways in appropriate circumstances, but the Regulations do not themselves record any such litigation.

The internal arbitration regime (reg 11) and the requirement that Councils adopt internal resolution procedures (reg 12A, Sch 1A) create administrative decision-making arenas where procedural fairness, natural justice and jurisdictional error issues could arise. The Regulations grant arbiters wide procedural discretion, including the power to conduct private hearings, not be bound by rules of evidence, and discontinue hearings on specified bases (reg 11(2)-(3)). These features could be the focus of legal challenge if a party alleges denial of natural justice or an unfair process. The text does, however, provide for discontinuance only in specified circumstances, which in turn could be tested against common law procedural fairness principles.

Confidentiality notice penalties and obligations, including the obligation to pass on the notice when making a permitted disclosure and the criminal penalties for unauthorised disclosures (Schedule 2), present concrete enforcement features that could be litigated in criminal or quasi-criminal contexts. The Schedule cross-references other oversight Acts and agencies in creating permitted disclosure categories and exceptions. Any criminal or administrative enforcement action taken under those provisions would likely generate litigation at the trial level, but no such matters are recorded here.

In short, the statutory instrument does not record any litigation history. It contains a set of administrative powers and procedural mechanisms that are, in principle, challengeable through ordinary legal processes, but the consolidated text does not report any judicial determinations or appeals as at the date of this publication.

Several features of the Regulations can create traps for Councils and individual Councillors if not properly managed. These are concrete, textually based risks or operational surprises that commonly produce compliance failures.

Secretary-set thresholds. Regulations 8(2) and 9(2) allow the Secretary to determine threshold amounts that are higher than the statutory baseline amounts in the Regulations, and to publish them in the Government Gazette, vary them, or revoke them. Councillors and Councils that rely on the baseline figures risk non-compliance if they do not monitor the Gazette for Secretary determinations. The Secretary’s power is unfettered by qualification in the Regulations beyond the publication requirement, which places an ongoing compliance monitoring burden on individuals and councils.

Biannual return windows. Biannual personal interests returns must be lodged within two prescribed periods: 1-31 March and 1-30 September (reg 9(5)). Missing these windows is a compliance risk. The Regulations do not, within the text provided, reproduce penalty consequences for late lodging but the Act and Council governance practice are likely to impose consequences. Councillors who misunderstand the windows and file outside them may forfeit the intended privacy and reporting cycles established by the Act and the Regulations.

Gifts disclosure and exceptions. Biannual returns must disclose gifts with value equal to or exceeding $500 or the Secretary-set threshold (reg 9(1)(k)). However, reg 9(4) carves out exceptions: gifts from family members, gifts disclosed as election campaign donations under the Act, and reasonable hospitality received when attending an event in an official capacity. Councillors who receive gifts close to the $500 threshold, or multiple small gifts that aggregate to exceed the threshold, should be alert to the requirement to aggregate and disclose. Failure to aggregate or misclassify hospitality could result in under-reporting.

Public summary exclusions subject to CEO discretion. Reg 10(2)(c) allows the Chief Executive Officer to exclude information from the public summary if inclusion would be reasonably likely to place personal safety at risk or unreasonably expose a business to disadvantage. The CEO’s evaluation is discretionary. If the CEO declines a request to exclude information, that decision may expose a specified person’s sensitive details to public view. Councillors should anticipate that the public summary will omit monetary values and, in certain circumstances, addresses, but should not expect blanket confidentiality.

Confidentiality notices impose high stakes and procedural duties. Schedule 2 reproduces criminal penalties of up to 12 months’ imprisonment and 120 penalty units for unauthorised disclosures. It also requires that if a recipient makes a permitted disclosure they must give the recipient a copy of the confidentiality notice, and if a notice is replaced cancelled or extended they must pass on copies of the new notice or cancellation to those to whom disclosures were previously made. These obligations are granular and repeatable. Failure to pass on a replacement or cancellation notice, or failing to give a copy when making an authorised disclosure, is specifically flagged as exposing a person to the same criminal penalties. That creates operational complexity for personnel management and legal advice when disclosures to support health, legal or employment claims are made.

Internal arbitration informality and privacy. Arbiters are explicitly permitted to conduct hearings with “as little formality and technicality” as proper consideration permits, are not bound by rules of evidence, and hearings are not open to the public (reg 11(2)-(3)(b)). Parties may find the informality unfamiliar and could misapprehend their rights, evidentiary expectations and remedies. Councillors used to adversarial or public processes may misunderstand the arbiter’s scope. In addition, arbiters may discontinue hearings on grounds including that the application is “vexatious” or the applicant fails to attend (reg 11(3)(c)). Applicants who do not comply with procedural directions risk premature discontinuance.

Model Code obligations and the oath. The oath or affirmation of office requires Councillors to “abide by the Model Councillor Code of Conduct and uphold the standards of conduct set out in the Model Councillor Code of Conduct” (reg 5(c)). The Model Code itself mandates that Councillors not make public comments that could reasonably be perceived as official comments unless authorised by the Mayor (Sch 1 cl 1(e)(ii)). A Councillor who gives media comment without authorisation risks breaching the Code, and the oath imports the Code into the formal requirements of office.

Council procedure adoption deadline. Councils must adopt the prescribed procedures in Schedule 1A by 1 July 2025 (reg 12A(2)). Councils that fail to meet this deadline will be non-compliant with a clear regulatory obligation. The Schedule sets minimum content for the internal procedures, including conciliation arrangements and record-keeping. Councils that adopt generic or inadequate procedures risk later procedural challenge.

Representative exemptions may be broader than expected. Regulation 7 prescribes many exemptions from conflict-of-interest requirements, including appointment to unpaid positions, adoption of governance policies and certain budgeting or plan adoption circumstances where prior approval and disclosure occurred (reg 7(1)(a), (ha), (r)-(s)). Councillors should not assume that every apparent conflict is disqualifying; the exemptions may permit participation in decisions in a wider set of circumstances than anticipated. Conversely, misunderstandings about the scope of the exemptions could lead to inadvertent non-disclosure where no exemption applies.

Record content and legal privilege. Subregulation 8(3) and 9(3) provide that details of paid employment and consultancy engagements need not be provided to the extent that disclosure would constitute a breach of a professional or legal obligation not to disclose the information. This creates an operational interplay between disclosure duties and pre-existing confidentiality or legal privilege obligations. Councillors and their advisers need to document where a non-disclosure is claimed, as an unsupported non-disclosure could be treated as non-compliance.

Compliance requires an operational programme across five areas: document and register management, training and policy adoption, procedural design, confidentiality notice handling, and administrative monitoring. Below are concrete steps that Councils and Councillors should follow, tied to the Regulations’ required items and timings.

Personal interests returns and registers

Prepare templates for initial personal interests returns that capture each item in reg 8(1)(a)-(m). Ensure fields for corporate directorship details, unincorporated leadership roles, partnerships, trust details, paid employment (with income amounts where required by the Act), consultancy/contractor relationships, land within municipal or adjoining municipal districts (full address as on rates notices), shareholdings with the company name and description, controlling interests per Payroll Tax Act cross-reference, personal debts including creditor names, other voluntarily disclosed interests, full name, Council name, position and a signed accuracy statement (reg 8(1)(a)-(m)).
For biannual returns, create an update template that mirrors reg 9(1)(a)-(n). Include a discrete gifts register module that aggregates multiple gifts to determine if the $500 threshold is exceeded, and document exceptions under reg 9(4).
Establish a workflow and calendar for biannual returns: ensure Councillors are prompted to lodge within the prescribed periods 1-31 March and 1-30 September (reg 9(5)). Maintain an audit trail of lodgement dates and signed accuracy statements.

Threshold monitoring

Subscribe to Government Gazette alerts or assign a corporate officer to monitor Gazette publications for Secretary determinations under regs 8(2) and 9(2). Update templates, reporting thresholds and staff guidance promptly when the Secretary publishes, revokes or varies any threshold.
Record each threshold determination, effective date and the scope (which reporting items it affects) in an internal compliance register.

Public summary publication

Prepare a public-facing summary template to meet reg 10(1): include the specified person’s name, positions held, date the preceding return was lodged, and a summary that identifies the type and nature of interests while excluding monetary amounts and excluded address details per reg 10(2)(a)-(b).
Draft an internal policy and a form for Councillors to request that additional information be excluded from the public summary on safety or commercial disadvantage grounds. Record and document the CEO’s assessment for each request, as reg 10(2)(c) vests the CEO with evaluative discretion.

Model Code and internal dispute procedures

Adopt the Model Councillor Code of Conduct contained in Schedule 1 as Council policy, or adopt it as the model baseline and publish it in Council governance materials, consistent with reg 12. Ensure that Councillors are made aware of the Code language that impacts media comment, workplace interactions and expectations about delegations and the role of the CEO (Sch 1 clauses 1-4).
Design, consult on and implement the internal resolution procedure required by reg 12A and set out in Schedule 1A. The procedure must include: an accessible pathway for Councillors to initiate a complaint, a mandatory conciliation step conducted by the Mayor or Deputy Mayor or another person if necessary (Sch 1A(2)(a)), roles and responsibilities for parties and facilitators, documentation and record-keeping standards, and details of supports available to participants (Sch 1A(3)). The deadline for formal adoption is 1 July 2025 (reg 12A(2)). Ensure Council minutes formally record adoption.

Internal arbitration process

Prepare an application guidance pack to ensure that any internal arbitration application contains the prescribed particulars in reg 11(1)(a)-(e): identity and clause alleged breached, factual circumstances and specific evidence particulars, and information about any prior Council steps or reasons no steps were taken.
Establish administrative directions for arbiters consistent with reg 11(2)-(3): private hearings, minimal formality, discretion on evidence, and the ability to discontinue for specified reasons. Ensure procedural fairness by documenting directions to parties, timelines for responses and attendance obligations, thereby reducing risk of discontinuance for non-attendance or insufficient particulars.

Confidentiality notice handling

Adopt internal guidance to manage confidentiality notices issued by the Chief Municipal Inspector under Schedule 2. The guidance should:
- Require legal review of all confidentiality notices on receipt.
- Identify persons who may be lawfully given notice details and who may receive permitted disclosures under Schedule 2’s “When are you authorised to disclose information?” matrix.
- Implement a compliance checklist for permitted disclosures requiring the maker to provide the recipient with a copy of the confidentiality notice and to record the disclosure, recipient details and the date a copy was provided.
- Maintain secure tracking of all persons to whom permitted disclosures have been made, so that if the confidentiality notice is cancelled, replaced or extended the required copies can be sent to prior recipients as mandated.
Train staff and Councillors on the severe penalties spelled out in Schedule 2 and on the narrow permitted disclosure categories. Ensure that legal advice is sought before any disclosure that may be arguable as permitted or before any decision to refuse disclosure.

Training compliance

Implement induction training modules that align with reg 6 content: working together in a Council, decision making, integrity and accountability, community representation, strategic planning and financial management, conduct, land use planning, and additional matters determined by the CEO (reg 6(1)(a)-(g)).
For Mayors, incorporate reg 4A items: roles and responsibilities, chairing meetings, engagement and advocacy, leadership, and CEO-determined topics.
For ongoing professional development, record compliance with reg 6A: ensure Councillors meet the prescribed day requirement (1 September in election years, 31 December otherwise), and document attendance against the prescribed matters in reg 6A(2).

Governance policies and records

Ensure the Council maintains and publishes the required governance documents referenced in Schedule 1 cl 3: the expenses policy under s 41 of the Act, Governance Rules under s 60 including election period policy under s 69, the Councillor gift policy under s 138, and any Ministerial direction under s 175.
Keep robust, time-stamped electronic records of all returns, public summaries, arbitration files, conciliation outcomes, and confidentiality notice disclosures. These records will be crucial for audit, administrative review and any potential litigation.

Legal advice and privilege

Where a Councillor claims that disclosure of employment or consultancy details would breach a legal or professional obligation, document the legal basis for that claim and seek legal advice. Regs 8(3) and 9(3) permit non-disclosure to the extent that disclosure would breach a professional or legal obligation, but an unsupported assertion is a compliance risk.

Policy review and monitoring

Schedule at least annual reviews of compliance processes, Governor-in-Council or Secretary Gazette notices, and any amendments to the Regulations (note the 2024 and 2025 amendments recorded in the Endnotes). Maintain a register of statutory deadlines, including the 1 July 2025 deadline to adopt internal procedures (reg 12A(2)) and the sunset date noted in the Endnotes (20 October 2030).

These steps map directly to the specific regulatory requirements. Councils should embed them into corporate compliance frameworks and ensure that Councillors are briefed and supported to meet individual recollection, disclosure and training obligations. Legal advice should be sought in any doubtful case, especially around confidentiality notices and contested exclusions from public summaries.

Local Government (Governance and Integrity) Regulations 2020

Plain English Summary

Deep Dive

What it does

Current sections

Local Government (Governance and Integrity) Regulations 2020

Source text: opening excerpt

1 Local Government (Governance and Integrity) Regulations 2020

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply