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City of Greater Geelong Amendment
Bill 2011
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Bill, which is to amend the City of
Greater Geelong Act 1993 to reconstitute the Greater Geelong
City Council under that Act and to provide for the direct election
of the Mayor to represent the entire municipality and to make
consequential and other minor amendments.
Clause 2 provides for the provisions of the Bill, with the exception of
sections 6 and 7, to come into operation on 7 March 2012.
Sections 6 and 7 will come into operation on 28 October 2012,
which is the day after the next local government general
elections.
Clause 3 amends the definitions in section 3(1) of City of Greater
Geelong Act 1993 by inserting a definition of Council and
repealing the definitions of Commissioner and period of
administration.
Clause 4 amends the City of Greater Geelong Act 1993 to insert new
sections 7, 8 and 9, which reconstitute the Greater Geelong City
Council under that Act.
New section 7 provides that from the general election in
October 2012 the Council will consist of a Mayor,
elected to represent the entire municipality, and
12 Councillors, elected to represent 12 wards.
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New section 8 provides that from the general election in
October 2016 the Council will consist of a Mayor,
elected to represent the entire municipality, and between
4 and 11 Councillors elected to either represent the
entire municipal district or to represent wards.
New section 9 provides that, from the general election
in October 2016 onwards, Orders in Council may be
made in accordance with section 220Q of the Local
Government Act 1989 in respect to the election of
Councillors (but not in respect to the election of the
Mayor).
Clause 5 repeals sections 10 and 16 of the City of Greater Geelong Act
1993, which are spent provisions, and inserts a new Part 3 in that
Act.
New Division 1 of Part 3 of the City of Greater Geelong Act
1993 deals with the election of the Mayor.
New section 10 provides that the counting of votes in
the election of the Mayor must be in accordance with
Part 3 of Schedule 3 to the Local Government Act
1989, which is the counting system used where only one
vacancy is to be filled.
New section 11 provides that a candidate for the
position of Mayor may not also be a candidate for a
position of Councillor at the same election. If a person
lodges nominations for both positions, the second
nomination is to be rejected. This section also provides
that if a sitting Councillor is elected as Mayor at a
by-election, he or she goes out of office as Councillor
on the day the result of the by-election is declared.
New Division 2 of Part 3 of the City of Greater Geelong Act
1993 deals with Council administration matters.
New section 12 provides for an Order in Council to be
made to specify allowances for the mayor and the
Deputy Mayor. These allowances will not take effect
until the date specified in the Order.
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New section 13 requires the Minister to review the level
of allowances for Mayor and Deputy Mayor annually by
reference to movements in the level of remuneration for
executives under the Public Administration Act 2004
and to specify any new allowance amounts in the
Government Gazette.
New section 14 states that a Council must pay the
allowance to the Mayor and Deputy Mayor in
accordance with the latest Order under section 12 or
Gazette notice under section 13. The Mayor or Deputy
Mayor may decline to receive the allowance.
New section 15 details some entitlements in regard to
allowances--
Subsection (1) states that a person is only entitled
to an allowance while he or she holds the
relevant office.
Subsection (2) states that a Mayor or Deputy
Mayor is not entitled to receive a Councillor
allowance in addition to his or her Mayoral or
Deputy Mayoral allowance.
Subsection (3) entitles the Mayor to receive the
Mayoral allowance from the day he or she takes
the oath of office.
Subsection (4) entitles the Deputy Mayor to
receive the Deputy Mayoral allowance from the
day he or she is elected to be Deputy Mayor.
Subsection (5) provides for the acting Mayor and
acting Deputy Mayor to receive the allowances
for their respective acting positions while the
position of Mayor is vacant.
Clause 6 inserts new sections 11A to 11E in the City of Greater Geelong
Act 1993. (In accordance with clause 2, this provision will come
into operation after the October 2012 general elections).
New section 11A describes the times when the position
of Mayor becomes vacant. The position of Mayor
becomes vacant at 6 a.m. on the day of a general
election, as well as when the Mayor dies, ceases to be
eligible to be a Councillor, resigns, is ousted from office
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by the Supreme Court or is disqualified from holding
the office of Mayor by VCAT.
New section 11B describes what happens if the position
of Mayor is vacant--
Subsection (1) provides that if the vacancy
occurs at least 6 months before the next general
election, a by-election must be conducted.
Subsection (2) allows the Council to decide
whether to hold a by-election if the vacancy
occurs during the last 6 months before a general
election.
Subsection (3) requires the Deputy Mayor to be
the acting Mayor during any period when the
Mayor's position is vacant.
Subsection (4) provides for the Council to
appoint the Deputy Mayor to be the acting
Mayor for a period when the Mayor is absent or
when the Mayor is incapable or unwilling to
perform his or her role.
Subsection (5) states that an acting Mayor may
exercise any function or power of the Mayor.
New section 11C requires the Council to elect one of the
Councillors to be the Deputy Mayor whenever there is a
vacancy in the position.
Subsection (3) specifies that the position of
Deputy Mayor becomes vacant on the day of a
general election, on a date determined by the
Council which is not more than 12 months after
the Deputy Mayor was elected. The position
also becomes vacant if the Deputy Mayor dies,
ceases to be a Councillor, is elected Mayor or is
suspended from office as a Councillor.
Subsection (4) states that a Councillor is
ineligible to be Deputy Mayor if he or she has
been subject to a finding of serious misconduct
or gross misconduct by VCAT during the
Council's term of office, unless VCAT orders
otherwise.
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Subsection (5) provides for the Council to elect
an acting Deputy Mayor if the Deputy Mayor is
required to be the acting Mayor for more than
one month.
New section 11D requires the Mayor to take precedence
at all Council proceedings in the Municipality and to
chair Council meetings. If the Mayor is absent from a
Council meeting, the Deputy Mayor must chair the
meeting and if both are absent than the Council must
elect a chair.
New section 11E gives the Mayor additional powers to
be used at his or her discretion.
The Mayor may appoint a Councillor to be the
Council's representative on another organisation
as long as the position on the other organisation
is not a remunerated position.
The Mayor may appoint a Councillor to chair
any special committee that has at least one
Councillor as member and, if that Councillor is
not already a member of the committee, he or she
becomes a member.
Clause 7 inserts a new Part 4 in the City of Greater Geelong Act 1993
regarding the conduct of electoral representation reviews and
subdivision reviews.
New section 16 requires the first electoral representation
review to be conducted before the general elections are
held in 2016. Under clause 2, this provision does not
come into operation until after the October 2012
elections.
New section 17 states that the conduct of electoral
representation reviews is subject to the modification in
new Part 4.
New section 18 states that the application of
section 219A of the Local Government Act 1989,
which describes the purpose of an electoral
representation review, is limited to the electoral
representation by the Councillors of the Greater
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Geelong City Council and will not apply to the position
of Mayor.
Clause 8 repeals the Bill on 28 October 2013. This does not affect the
continuing operation of the amendments made by the Bill.
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