Local Government Act 1989 - Australasian Legal …

1 Authorised Version No. 147. Local Government Act 1989. No. 11 of 1989. Authorised Version incorporating amendments as at 30 May 2018. TABLE OF PROVISIONS. Section Page Part 1 Preliminary 1. 1 Preamble 1. 1A Interpretation of Act 2. 2 Commencement 3. 3 Definitions 3. 3AA Transport Integration Act 2010 27. 3AB Filming Approval Act 2014 27. Part 1A Local Government charter 28. 3A What is the purpose of Local Government ? 28. 3B How is a Council constituted? 28. 3C Objectives of a Council 28. 3D What is the role of a Council? 29. 3E What are the functions of a Council? 30. 3F What are the powers of Councils? 30. 3G Obligations of Council in relation to Yarra River land 31. 3H Obligations of Councils in relation to declared areas 31. Part 2 The Council 33. 4 Types of Councils 33. 5 The Council 33. 5A Council may be referred to by standardised name 34. 5B Constitution of Council 35. 9 Resolution of disputes 35. Part 3 Elections 37. Division 1 Voters 37. 11 Entitlements relating to enrolment 37.

2 12 Residents entitled to be enrolled without application 39. 13 Owner ratepayers entitled to be enrolled without application 39. 14 Owner ratepayers may apply for enrolment 41. Authorised by the Chief Parliamentary Counsel i Section Page 15 Occupier ratepayers may apply to be enrolled 42. 16 Provisions relating to corporations 44. 17 Provisions relating to appointments and enrolments 46. 20 Request that address not be shown 47. Division 2 Voters' rolls 48. 22 Chief Executive Officer to prepare voters' list of ratepayers 49. 23A Public notification 50. 24 Preparation of voters' rolls 52. 24A Amendment of voters' roll 54. 24B Inspection of voters' roll 55. 24C Provision of voters' rolls 55. 25 Validity of voters' rolls 58. 26 Victorian Electoral Commission's expenses 59. 27 Offences relating to voters' rolls 59. Division 3 Qualification of Councillors 60. 28 Qualification to be a Councillor 60. 28A Disqualification to be a Councillor due to conflicting duties 61. 28B Transitional provision 62.

3 29 Disqualifications 63. 30 Relief from disqualification 66. Division 4 Holding of general elections 66. 31 General elections 66. Division 6 Extraordinary vacancies 68. 37 Extraordinary vacancy within 6 months before a general election 68. 37A Extraordinary vacancies Councillors elected under Schedule 3 (Part 4A) or 3A 68. 38 By-elections 69. Division 7 Conduct of elections and polls of voters 72. 39 One vote per person 72. 40 Voting is compulsory 72. 40A Victorian Electoral Commission's election and enforcement expenses 75. 41 Holding of an election 75. 41A Election or poll by postal voting 76. 42 Voting and counting of votes and polls of voters 77. 43 Governor in Council may give directions 77. Division 8 General provisions 78. 44 Municipal electoral tribunals 78. 45 Application for an inquiry 79. Authorised by the Chief Parliamentary Counsel ii Section Page 46 Powers of a municipal electoral tribunal 79. 47 Report to the Minister 81. 48 Decision of municipal electoral tribunal 81.

4 49 Reasons for decision 81. 50 Scrutiny of voters' roll 82. 51 Validity of election or poll 82. 52 Unlawful nomination 83. 53 Prohibition of canvassing near voting centre 83. 54 Interfering with rights 84. 55 Printing and publication of electoral advertisements, handbills, pamphlets or notices 85. 55A Misleading or deceptive matter 86. 55B Heading to electoral advertisements 87. 55C Authors to be identified 87. 55D Prohibition on Council 88. 56 Distribution of printed electoral material 89. 56A Power to request handing over of how-to-vote cards 91. 57A Injunction 92. 58 Offences relating to ballot-papers 93. 58A Offence to interfere with postal ballot materials 95. 59 Bribery, treating and undue influence 95. 60 Infringement of secrecy 96. 61 Penalty on officers 97. Division 9 Election campaign donations 98. 62 Return by candidate 98. 62A Responsibilities of Chief Executive Officer 100. 62B Certain gifts not to be accepted 101. Part 4 Council administration 104. Division 1 The Mayor and other Councillors 104.

5 63 Oath of office and Councillor Code of Conduct 104. 64 Failure to take oath of office or make Code of Conduct declaration 105. 65 What is the role of a Councillor? 105. 66 Penalty for acting as Councillor if incapable 106. 66AA Order for return of allowances or entitlements 106. 66AB Offences committed by person acting as Councillor 107. 66A Suspension of Councillor 107. 66B Leave of absence of Councillor 107. 67 Ouster from office 108. 68 Retirement of Councillors 109. 68A Resignation of Councillor 109. 69 Extraordinary vacancies 110. 69A Multiple extraordinary vacancies 111. 70 Candidate for election 112. Authorised by the Chief Parliamentary Counsel iii Section Page 71 Election of Mayor 113. 72 Term of office 115. 73 Precedence of Mayor 116. 73AA Functions of Mayor 116. 73A Review of allowance categories 117. 73B Review of allowance limits and ranges 118. 74 Councillor and Mayoral Allowances 119. 74A General provisions relating to allowances 120. 74B Allowance Orders 121. 74C Advisory panel 122.

6 75 Reimbursement of expenses of Councillors 123. 75A Reimbursement of expenses of members of council committees 123. 75B Councillor reimbursement policy 123. 75C Resources and facilities for Councillors 124. 76 Indemnity provision 124. 76A Council must take out insurance cover 124. Division 1A Conduct and interests 125. 76AA Definitions 125. 76B Primary principle of Councillor conduct 126. 76BA General Councillor conduct principles 126. 76C Councillor Code of Conduct 127. 76D Misuse of position 130. 76E Improper direction and improper influence 131. 77 Confidential information 133. 77A Direct and indirect interests 135. 77B Direct interest 137. 78 Indirect interest by close association 138. 78A Indirect interest that is an indirect financial interest 140. 78B Indirect interest because of conflicting duties 141. 78C Indirect interest because of receipt of an applicable gift 142. 78D Indirect interest as a consequence of becoming an interested party 143. 78E Indirect interest because of impact on residential amenity 143.

7 79 Disclosure of conflict of interest 144. 79B Conflicting personal interest 147. 79C Certain situations where Councillor taken to not have a conflict of interest 147. 79D Person may make submission despite conflict of interest 150. 80 Exemption by Minister 150. 80A Requirements to be observed by an assembly of Councillors 151. 80B Members of Council staff to disclose conflicts of interest in respect of delegated functions 153. 80C Persons to disclose interests to Council when providing advice 154. Authorised by the Chief Parliamentary Counsel iv Section Page 81 Register of interests 155. Division 1AB Internal resolution procedure of Council 161. 81AA Internal resolution procedure of Council 161. 81AB Sanctions for contravention of Councillor Code of Conduct 163. Division 1B Councillor Conduct Panels 164. 81B Application to Councillor Conduct Panel 164. 81C Principal Councillor Conduct Registrar must reject application for formation of a Councillor Conduct Panel in specified circumstances 166.

8 81E Application on grounds of gross misconduct 167. 81F Parties to a VCAT proceeding 167. 81G Notice of a Councillor Conduct Panel 168. 81H Procedures 168. 81I Conduct of a Councillor Conduct Panel 168. 81J Determinations by a Councillor Conduct Panel 169. 81K Findings and orders of VCAT 172. 81M Notice of determinations and tabling of decisions 172. 81N Suspension of matters during election period 173. 81O Breach of Act by Councillor 174. 81P Investigation by Chief Municipal Inspector 175. 81Q Review by VCAT 175. 81R Time period for making application to VCAT 176. Division 1C Appointment and functions of Principal Councillor Conduct Registrar 176. 81S Appointment of Principal Councillor Conduct Registrar 176. 81T Functions and powers of the Principal Councillor Conduct Registrar 176. Division 1D Formation, operation and dissolution of Councillor Conduct Panels and related matters 178. 81U The panel list 178. 81V Principal Councillor Conduct Registrar to form Councillor Conduct Panel 179.

9 81W Related applications 179. 81X Functions of a Principal Conduct Officer 180. 81Y Duties of the Chief Executive Officer in relation to Councillor Conduct Panels 180. 81Z Dissolution of Councillor Conduct Panels 181. 81ZA Immunity 181. Division 2 Procedure and proceedings 182. 82 Council premises and office 182. 82A Council must maintain an Internet website 182. 83 Types of meetings 183. Authorised by the Chief Parliamentary Counsel v Section Page 84 Special meetings 184. 84A First meeting after a general election 184. 85 Call of the Council 185. 86 Special committees of the Council 186. 87 Special committee meetings 187. 89 Meetings to be open to the public 188. 90 Voting 189. 91 Conduct of meetings 190. 92 Validity of proceedings 191. 93 Minutes of meetings 191. 93A Conduct of Council during election period 192. 93B Council to adopt an election period policy 193. Division 3 Council staff 195. 94 The Chief Executive Officer 195. 94A Functions of the Chief Executive Officer 197. 94AB Transitional provision relating to senior officers 199.

10 94B Restrictions concerning the appointment of senior officers 199. 94C Employment principles 200. 94D Duty of Chief Executive Officer 200. 95 Conduct principles 200. 95AA Code of conduct for Council staff 201. 95A Employment of senior officers to be regulated by contract 201. 95B Powers of the Minister concerning the employment of senior officers 203. 95C Validity of decisions 204. 96 Equal Employment Opportunity 204. 97A Performance of senior officers to be assessed annually 204. 97B Definition of senior officer remuneration threshold 204. 98 Delegations 206. 101 Long service leave 207. 102 Restriction concerning the employment of ex-councillors 207. Division 4 Complaints 208. 103 Purpose of this Division 208. 104 Definitions 208. 105 Chief Executive Officer must advise of complaint 210. 106 Request to appoint a probity auditor 210. 107 Secretary may appoint a probity auditor 210. 108 Duties and powers of probity auditor 211. 109 Report by probity auditor 211. 110 Provisions applying to probity auditor 212.